PRESENTATION OF REPORTS 1.Committee on
Agricultural Production and Services: Hon. M.
T. Monguno: “That the House do receive the Report of the Committee
on Agricultural Production and Services on a Bill for an Act to
Establish the Fisheries Society of Nigeria charged with the
Responsibility for Registration and Disciplining of Members of the
Profession and for Related Matters (HB. 595)” (Referred:
19/10/2016). 2. Committee on Maritime Safety, Education and
Administration: Hon. Mohammed Umaru Bago: “That the House do
receive the Report of the Committee on Maritime Safety, Education
and Administration on the Compendium of a Retreat for Legislators,
Regulators and Operators in the Shipping Industry held in
Uyo, Akwa Ibom State between 21 – 24 May, 2017 (Pursuant to Order
Eighteen, Rule 66 (2) of the Standing Orders of the House)”.
ORDERS OF THE DAY
BILLS 1. A Bill for an Act to make
Provision for Mutual Assistance in Criminal Matters between Nigeria
and Other Foreign States and for Related Matters (HB.1060) (Senate)
(Leader) — Second Reading. 2. A Bill for an Act to Repeal the
Customs and Excise Management Act, Cap. C45, Laws of the Federation
of Nigeria, 2004 and Other Customs and Excise Laws, to Establish
the Nigeria Customs Service Commission, Reform the Administration
and Management of Customs and Excise in Nigeria and for Related
Matters (HB.1074) (Senate) (Leader) — Second Reading. The House
Committee of the whole will need to deliberate more on the Bill. 3.
A Bill for an Act to Repeal the Federal Roads Maintenance Agency
(Establishment, etc.) Act, 2002, the Federal Highways Act, 1971 and
the Control of Advertisement (Federal Highways) Act, 1986 and to
Establish the Federal Roads Authority to Provide for the Ownership,
Regulation, Management and Development of Federal Roads Network and
for Matters Connected Therewith (HB.1075) (Senate) (Leader) —
Second Reading. 4. A Bill for An Act to make Provision for the
Prohibition and Punishment of Sexual Harassment of Students in
Educational Institutions and for Other Related Matters (HB. 843)
(Senate) (Leader) (Adjourned Debate: 23/3/2017) — Second
Reading. O. K Jev. The House Leader raised an objection to how the
Bill was initially framed, adjustments have been made and can go to
the Committee of the whole. Gbajabiamila moved the Bill be read a
second time, Hon. Ossai seconded. Leader of the House, Hon. Femi
Gbajabiamila (Lagos) stated that after the clarification of some
grey areas of the Bill, it should go on especially due to the
critical aim the Bill seeks to address, which is the constitutional
protection of the rights of students against sexual harassment
especially of students. In his contribution, Hon. Aminu Shagari
(Sokoto) pointed out that the grey areas removed was apt as the new
look of the Bill ensured that sexual harassment on student ps by
their teachers, and that of rape from a stranger, are now
clarified. He commended the mover and encouraged its passage. Hon.
Gyang Pwajok (Plateau) stated that the Bill if anything shows the
world that Nigeria doesn’t condone sexual harassment and also sends
a strong warning to perpetrators that stiff sanctions await them.
Hon. Hassan Sale (Benue) echoed the importance of the Bill to give
a legal tool to hand down suitable punishment to perpetrators
as a lot have gone Scot-free, or had been given a slap on the wrist
which have not deterred them, hence shaming the
victims. The question was put to a voice vote and passed to second
reading. 5. A Bill for an Act to Establish Projects Monitoring and
Evaluation Template to Provide for Effective and full
Implementation, Supervision and Feedback Mechanism on Capital and
Recurrent Expenditure based on Budgetary Allocations and for
Related Matters (HB. 997) (Hon. Ossai Nicholas Ossai) — Second
Reading. Hon. Ossai N. Ossai (Delta) moved that the Bill be
read a second time, Hon. Lawal Muazu seconded. In leading the
debate, Hon. Ossai stated that the Bill seeks to strengthen the
oversight functions of the National Assembly on the transparency of
Federal Government Capital and developmental projects, to dig
deeper for information on such projects and not depend wholly on
what Heads of MDAs decide to say, this is to ensure funds budgeted
are duly expended. Contributors to the Bill stated how essential it
is to pass the Bill in strengthening the Legislature. Hon. Aminu
Shehu Shagari (Sokoto) however pointed out that the objective of
the Bill seems to have been covered by the manuals already produced
by the House of Representatives on over-sighting and all.
Hon. Tahir Monguno (Borno) also opposed the Bill on the ground that
the second part of the Bill has been taken care of by the Public
procurement Act and Fiscal Responsibility Act. Hon. Gbajabiamila
while commending the intention of the Bill; advised for more work
to be done on the Bill, to also reflect the monitoring of Recurrent
expenditure. He advices that a small committee of Members of the
Legal background lawyers be set up to scrutinize the depth of the
Bill and compare the merits of the Bill with established Acts, in
order to ensure there are no conflicts and duplication. He urged
the House to therefore not be in a hurry to either reject or adopt
the Bill on the whole. Hon. Leo Ogor (Delta) stated that the
proposed templates proposed by the Bill makes specific over
sighting for specific projects and is highly commendable. Chairman
Rules and Business (Hon. Orker Jev) in his advice agreed with the
House Leader. The Bill was referred to the Committee on Rules and
Business who would in turn set up the committee, till then the Bill
is stepped down. 6. A Bill for an Act to Amend the Criminal Justice
(Miscellaneous Provisions) Act, Cap. C39, Laws of the Federation of
Nigeria, 2004 to Review the Penalties Provided for Offences under
the Act and give Members of the Public Power to Arrest Offenders
under the Act and for Other Related Matters (HB. 222) (Hon. Uzoma
Nkem-Abonta) — Second Reading. Hon. Uzor Abonta (Abia) moved that
the Bill be read a second time, Hon. Simon Arabo seconded. In
leading the debate, Hon. Abonta stated that the Bill simply
seeks to ensure penalties and Levies to offenders have the
reflectance of modern day financial realities and weighty enough to
dissuade perpetrators of such an economically inducing crime. Hon.
Simon Arabo stressed the need to be cautious in giving private
people the powers for arrest of suspects and not offenders as
stated in the title of the Bill (as they have yet to b convicted in
a competent Court of Law) so as not to be abused like the whistle
blower policy of the Federal Government. As an amendment Bill the
question was put to a voice vote and read a second time. The Bill
was referred to the Committee on Justice 7. A Bill for an Act to
Provide for the Establishment of a National Renal Centre to be
charged with the Responsibility of Research in Cure, Prevention and
Management of Kidney Diseases and for Related Matters (HB.1049)
(Hon. Bede Eke) — Second Reading. Hon. Eke Bede Uchenna (Imo) moved
for the Bill to be read a second time, Hon. In leading the debate,
Hon. Eke stated that the indices of the disease of kidney failure
has grown to an alarming rate and shouldn’t be neglected by the
Government, especially in the provision of adequate, accessible and
affordable medical treatment facilities and equipment nationwide.
Hon. Gyang Pwajok (Plateau) decried the times we live in when
people cannot test for diseases, let alone treat them. He stressed
that the disease need not be relegated or taken lightly as it has
been seen to have risen to the case that 1 out of 7 Nigerians live
with Kidney failure, he also called on NAFDAC to step up their
public enlightenment responsibilities to avoid kidney disease, as
food intake is found to be a major cause. Hon. Beni Lar (Plateau)
stated that Nigerian life expectancy is still low because the
citizenry are not being adequately taken care of by their
Government. She called for the upgrading of national treatment
facilities to discourage medical tourism abroad. Hon. Ogun (Edo)
stated that the influx of foreign drinks and foods from especially
Asia should be checked and the problem nipped in the bud. It wa put
to a voice vote, was then passed to be read a second time. 8. A
Bill for an Act to Amend the Institute of Chartered Accountants of
Nigeria Act, Cap. I11, Laws of the Federation of Nigeria, 2004 to
increase the Fines and make an Appeal lie from the Disciplinary
Tribunal to the High Court and for Related Matters (HB. 608) (Hon.
Gyang Istifanus Dung) — Second Reading. The Bill was stepped down
due to the absence of the mover. MOTIONS 9.
Procedure on Delegated Legislations: Pursuant to Order One, Rule 1
(2) of the Standing Orders of the House: Hon. E. Y.
Orker-Jev: The House: Aware of Section 4 of the
Constitution of the Federal Republic of Nigeria, 1999 which confers
powers on the National Assembly to make laws for the peace, order
and good government of the Federation or any part thereof with
respect to any matter included in the Exclusive Legislative list
set out in Part I of the Second Schedule to the Constitution; Also
aware that in the exercise of the above powers, the National
Assembly had, at various times, enacted laws that established
statutory agencies, bodies and corporations to carry out various
executive functions on behalf of the Federal Government; Notes that
the various Acts establishing those statutory bodies delegated
powers to them to make Rules and Regulations to aid their
operations; Observes that in delegating those powers to the
statutory bodies, the National Assembly had not been incorporating
into the Acts provisions to enable it examine the Rules and
Regulations made by those Agencies before they come into force, as
a result of which some of those Rules and Regulations exceed the
powers conferred under the enabling Acts; Also aware that the
global trend is for the Agencies to lay those Rules and Regulations
before the Parliament for approval before implementation; Further
aware that no procedure has been provided in the Standing Orders of
the House for consideration and approval of the Rules and
Regulations; Resolves to adopt the following procedure on Delegated
Legislations: (a) any government department, agency or corporation
that makes a Rule or Regulation pursuant to the power conferred on
it under its enabling Act shall communicate the Rule or Regulation
to the Speaker who shall, on receipt of the communication, refer it
to the Committee on Delegated Legislations; (b) the Committee on
Delegated Legislations shall consider the Rule or Regulation and
may obtain input from a Standing Committee having dominant
jurisdiction over the Agency and within thirty (30) days, present
its Report to the House for consideration; (c) the Committee on
Rules and Business shall schedule the Report and the House may
approve the Rule or Regulation and transmit its Resolution to the
Senate for concurrence; (d) if the Senate amends any aspect of the
Resolution, a Conference Committee of the Senate and the House
shall be constituted to deliberate only on the areas of
disagreement. The Committee shall not insert any matter not
contained in the Resolution referred to it or delete any matter
agreed to by either the House or the Senate. However, if the
Committee observes any apparent constitutional breach or infraction
of a provision of any Act in the Resolution, it may amend the
Resolution accordingly and such amendment shall form part of the
Rule or Regulation to be laid for adoption by both Chambers; (e)the
Clerk to the National Assembly shall, as soon as possible,
communicate the Resolution on the Rule or Regulation to the
department, agency or corporation concerned for implementation.
Hon. Orker Jev stepped down the Motion to do more work on it. 10.
Need to Revisit the Contract for Bonny Ring Road and Bridge
Project: Hon. Brown Randolph Iwo Oruene: The
House: Notes that Bonny island has over thirty-one (31)
communities and fishing settlements but the absence of access road
to neighbouring villages makes communication and movement tedious
and the costs of living and operating businesses very high; Also
notes that in 2009, the Niger Delta Development Commission (NDDC),
in realization of the need to connect the island to the neighbourig
villages, awarded a contract for the construction of Bonny ring
road and bridge at a sum of Eleven Billion, Two Hundred and Four
Million, One Hundred and Sixty-Eight Thousand, Twenty-Three Naira,
Ten Kobo (₦11,204,168,023.10); Aware that the contract, which was
awarded to Jafac Motors and Jafac Investments Ltd, was abandoned
over five (5) years ago after only twenty percent (20%) of the work
was done; Concerned about the abandonment- of the Road project that
was billed to connect Bonny island to the neighbouring communities,
boost commercial activities in the area and reduce criminal
activities on the waterways; Resolves to:
(i)mandate the Committee on Niger Delta Development Commission to
determine the cause of the abandonment of the contract and ensure
its re-award to a firm that will speedily execute the project and
report back in eight (8) weeks for further legislative action; and
(ii)also mandate the Committee on Legislative Compliance to ensure
compliance. Hon. Randolph Brown (Rivers) moved the motion,
Hon.Alexander Adekola (Ekiti), as an infrastructure Motion,
it was put to a voice vote and passed. 11. Call for Provision of
Infrastructure at the Federal Polytechnic, Ukana, Akwa Ibom State:
Hon. Emmanuel S. Akpan: The House: Recalls that
the Federal Polytechnic, Ukana, Akwa Ibom State was established in
June 2014 to aid the technological innovation and value oriented
training to meet the manpower requirements necessary for the
development of the Nation and for the betterment of the citizenry;
Aware that a citadel of learning like a Polytechnic requires an
infrastructural standards that must be put in place in order to
make it functional and conducive for learning; Also aware that
since its establishment, the Ukana Polytechnic is still operating
from its temporary campus that is bereft of basic infracstructure
such as administrative blocks, access roads, workshops,
laboratories, library, books etc, while its permanent campus has
been under construction since 2014; Cognizant that the Polytechnic
is fast growing in population and those basic infrastructure must
be put in place urgently to provide for a conducive academic
environment; Resolves to: (i)urge the Federal
Ministry of Education to ensure that basic infrastructure are
provided at the Federal Polytechnic, Ukana, Akwa-Ibom State to
enhance quality learning; and (ii)mandate the Committee on Tertiary
Education and Services to ensure that provision is made in the 2018
Budget for carrying out the above. Hon. Emmanuel Akpan (Akwa Ibom)
moved the motion, Hon Nwokocha (Abia) seconded the motion, as an
infrastructure Motion, it was put to a voice vote and passed. 12.
Call to Commence the Second Phase of the Rehabilitation of
Enugu-Onitsha Expressway in Anambra State: Hon. Tony Nwoye:
The House: Aware that the
Federal Government, in the 2016 budget, appropriated the sum of
five billion, four hundred million Naira (₦5.4 billion) for the
reconstruction/rehabilitation of Enugu-Onitsha Expressway after
several years of neglect and abandonment and commenced the said
road rehabilitation from the Enugu section of the expressway, and
also appropriated about seven billion, five hundred million Naira
(₦7.5 billion) only in the 2017 Appropriation Act for the project;
Informed that the Federal Ministry of Power, Works and Housing, in
conjunction with the House Committee on Works, embarked on a joint
inspection and assessment of the expressway on December 10, 2016
and confirmed that it is in a complete state of disrepair and
constitutes a nightmare to motorists and therefore requires urgent
attention, particularly the Odumodu junction-Umunya-Nteje to Awkuzu
junction axis which witnesses accidents almost on a daily basis
with the attendant loss of lives; Cognizant that the funds
appropriated in the 2017 budget for the reconstruction works can
support the ongoing rehabilitation of the expressway both from the
Enugu section and the second phase from Onitsha section
simultaneously, in order to reduce the extreme hardship being
experienced by commuters, end accidents on this vital Expressway
which connects the South East, the South South and the South West
geopolitical zones of the country; Resolves to:
(i)urge the Federal Ministry of Power, Works and Housing to, as a
matter of urgency, commence the second phase of the ongoing
rehabilitation of Enugu – Onitsha expressway, particularly from
Odumodu junction-Umunya-Nteje to Awkuzu junction in Anambra State;
and (ii)mandate the Committee on Works to ensure compliance and
report back in eight (8) weeks for further legislative action. The
Deputy Speaker noted that the said road had been provided for in
the 2017 budget, it is even a problem between the Minister of Works
and the National Assembly, Hon. Tony Nwonye stated that the delay
will be hazardous, as the road had become a death trap. He was
advised to liaise and ensure financial mobilization be effected
instead, it was ruled to be stepped down. 13. Need for Review of
the Public Financial Management System and Supreme Audit
Institution: Hon. Sergius Ose Ogun:
The House: Notes the parlous state of the public
financial management system that manifests in near daily media
reports of theft and conversion of whopping sums of public funds by
public office holders despite the fight against corruption and the
ceaseless clamour for change and national rebirth; Also notes the
Report of the Nigerian Extractive Industries Transparency
Initiatives (NEITI) that dividends of $15.8 billion that accrued to the Nigerian
Liquefied Natural Gas (NLNG) between 2000 and 2014 were yet to be
remitted to the Federation Account in brazen violation of sections
80 (1) and 162 (1) of the Constitution of the Federal Republic of
Nigeria, 1999; Observes that the country has degenerated to a level
of official mismanagement and recklessness that ministries,
departments and agencies operate for several years without internal
or external audit reports and review despite the plethora of public
financial management legislations, including the Fiscal
Responsibility and Public Procurement Acts that have not made any
tangible impact on the public accounting malaise; Acknowledges that
the introduction of the Treasury Single Account (TSA) is a welcome
development, but it needs a review to curtail some of its
operational problems and also be subjected to periodic audit since
the rate of commission and other terms of contract with private
firms are shrouded in secrecy; Aware that the constitutional
exclusion of the jurisdiction of the Auditor – General of the
Federation over audit of accounts of government statutory
corporations, commissions, authorities, agencies including all
persons and bodies established by Acts of the National Assembly
vide section 85(3) of the Constitution is tantamount to
constitutional safeguard against accountability, transparency and
fiscal responsibility in the public accounting affairs; Also aware
that NEITI is a private transparency initiative targeted at the
extractive industry and as such, a complementary mechanism that
cannot supplant the constitutional, administrative and legal
certainty of a country’s supreme audit institution; Cognizant that
public administration anchored on periodic publication of monthly,
quarterly and yearly financial returns that are subject to timely
internal and external audits is the only practical solution to the
mindless looting of public treasury which can only be achieved
through diligent reform of the public service generally and the
supreme audit institution in particular; Resolves
to: Mandate the Committees on Public Accounts, Finance
and, National Planning and Economic Development to undertake a
holistic scrutiny of the public finance management institutions,
especially the Office of the Auditor-General of the Federation and
report back within six (6) weeks on ways to reduce if not eliminate
the mindless looting of the nation’s treasury. Hon. Ogun Sergious
O. (Edo) moved the Motion, and prayed the House to use the
instrumentality of laid down Laws to urge Agencies like the Office
of the Auditor General’s Office to do what they are set up to do.
Essential audits should always be carried out so that the nation
doesn’t keep waking up to the embarrassment of hearing of strange
monies found in strange places. The Minority Leader of the House,
Hon. Leo Ogor (Delta) stated that some of the issues raised in the
Motion are a bit vague and more work should be done to know exactly
who to petition, because it is not the office of the Auditor
General’s Office, maybe the Ministry of Finance. Hon. Huang Pwajok
(Plateau) aligned his contribution with the views of Hon. Leo Ogor
and stated that the Motion seems to look like the House Committee
on Public Accounts is inefficient without actually saying so
without and preferring solutions. It was stepped down to be amended
and taken on a different Legislative day. 14. Call on the Federal
Government to Redeem its Promise to Reward the 1983 Flying Eagles
Team for its Historic Achievement: Hon. Abbas Tajudeen: The House:
Recalls that the 1983 Flying Eagles team was the first Nigerian
national football team to qualify for any Federation of
International Football Associations (FIFA) organized football
tournament; Also recalls that the team emerged as African Champions
in the Under-20 World Cup qualifying series in the African zone to
represent Africa in the FIFA organized Under-20 World Cup in Mexico
in 1983; Further recalls that before that feat was achieved,
several national football teams, including the Super Eagles had
attempted to qualify but failed; Notes that successive Federal
Administrations have paid only lip service to rewarding the team or
fulfilling the promise to award scholarship to every player in the
team; Also notes that the National Lottery Commission, which was
established to fund the nation’s sportsmen and women has not lived
up to expectations in this regard; Desirous of rewarding the
surviving members of the team and establish a template for the
reward of sportsmen and sportswomen who win laurels for the country
in international competitions and tournaments; Resolves
to: (i)urge the Federal Government to redeem its promise
to award scholarships in any academic institution of choice in this
financial year to the members of the Flying Eagles team of 1983
that qualified Nigeria for the under-20 World Cup in Mexico;
(ii)also urge the Federal Government to, as an alternative, reward
any player who is Late or not interested in academic pursuits by
monetizing the award, giving them national honours or honouring
them as it deems fit in concrete terms; and (iii)mandate the
Committee on Sports to liaise with the Federal Ministry of Youth
and Sports to ensure implementation and report back in six (6)
weeks for further legislative action. Hon. Tajudeen Abbas move the
Motion, Deputy Minority Leader seconded the Motion. Hon. Abbas
moved that just as the Nation takes punishing wrong doers
seriously; it should also be seen to praise heroes, and the dire
need of the reward of these heroes be taken seriously to encourage
young ones and due to the utter neglect the Eagkes have suffered
all these y ads, which sends a very wrong signal. The Motion was
put to a voice vote and passed. The Deputy Speaker gave leave to
The House Chairman, Rules and Business, Hon. Orker Jev to step down
items 15 and 16 on the Order paper, they were stepped down to be
considered on Thursday 20th July, 2017. CONSIDERATION OF
REPORTS (moved to Thursday, 20th July, 2017) 15. A Bill
for an Act to Incorporate Annex 12 to the Convention on
International Civil Aviation, 1944 into Nigerian Law, to Establish
the Nigerian Search and Rescue Service and to Provide for Other
Matters Connected Therewith (HB. 319) (Adjourned
Consideration: 22/2/2017). 16. Ad-hoc Committee to Investigate all
Cases of Invasion of Properties and Arrests of Persons for Reasons
Outside the General Duties of the State Security Service (SSS):
Hon. Garba Datti Muhammad: “That the House do consider the Report
of the Ad-hoc Committee to investigate all cases of invasion of
properties and arrests of persons for reasons outside the general
duties of the State Security Service (SSS) as prescribed by the
National Security Agencies Act, since 29 May, 2015 and approve the
recommendations therein” (Laid: 11/4/2017): (i)that there is the
need to amend the National Security Agencies Act to more clearly
state the powers of the State Security Service to investigate
corruption cases that affect national security; (ii)that there is
the need to amend the National Security Agencies Act by
incorporating the principles enshrined in Instrument No. SSS I to
make for a more comprehensive statute as well as end speculation
over the status of the Instrument in Nigeria’s hierarchy of laws;
(iii)that there is the need to amend the Evidence Act, 2011 by
repealing sections 14 and 15 to make evidence procured or obtained
as a result of an illegal search inadmissible as obtainable in
other jurisdictions like the United States; (iv)that for the
purpose of future arrests, the SSS must differentiate between cases
of persons who offer no threat both in terms of physical violence
and capacity for escape and therefore not needing to be subjected
to auxiliary measures (including arrests at night) on the one hand,
and those persons in respect of whom such measures are justifiable
on the other hand, in order to minimise the needless apprehension
and trauma to which such persons are subjected to; (v)that the
amendments to the NSA Act contained in Recommendations (i) and (ii)
can only be attained by the procedure for the alteration of the
1999 Constitution under section 9 (1) and (2). This is on account
of the provisions of section 315(5) of the 1999 Constitution which
provides that the NSA Act, among others, “shall not be altered or
repealed except in accordance with the provisions of section 9 (2)
of this Constitution”; (vi)that the SSS should tender an unreserved
apology to the Akwa Ibom State Government for the embarrassment
occasioned by the failure of the SSS to clarify to both the Akwa
Ibom State Government and the public the circumstances in which it
executed the search warrant at the Akwa Ibom State Government Lodge
and the outcome of the search; (vii)that given what has happened on
the arrests and prosecution of judges for corruption related
offences and the incident in Port Harcourt during the botched
attempt to arrest a judge, there is the need for the SSS to adopt a
system of briefing political office holders and senior public
servants at the onset of their appointments on the conduct expected
of them and what would be considered improper or unlawful
conduct under the law. This should be one of the responsibilities
of the various State Directors of the SSS. The Acting
Leader of the House then moved for the adjournment of the House to
Thursday, July 20 2017 @ 11:00am, The House adjourned.
PRESENTATION OF REPORTS 1.Committee on
Agricultural Production and Services:
Hon. M. T. Monguno: “That the House do receive
the Report of the Committee on Agricultural Production and Services
on a Bill for an Act to Establish the Fisheries Society of Nigeria
charged with the Responsibility for Registration and Disciplining
of Members of the Profession and for Related Matters (HB. 595)”
(Referred: 19/10/2016). 2. Committee on Maritime Safety, Education
and Administration: Hon. Mohammed Umaru Bago: “That the House do
receive the Report of the Committee on Maritime Safety, Education
and Administration on the Compendium of a Retreat for Legislators,
Regulators and Operators in the Shipping Industry held in
Uyo, Akwa Ibom State between 21 – 24 May, 2017 (Pursuant to Order
Eighteen, Rule 66 (2) of the Standing Orders of the House)”.
ORDERS OF THE DAY
BILLS 1. A Bill for an Act to make
Provision for Mutual Assistance in Criminal Matters between Nigeria
and Other Foreign States and for Related Matters (HB.1060) (Senate)
(Leader) — Second Reading. 2. A Bill for an Act to Repeal the
Customs and Excise Management Act, Cap. C45, Laws of the Federation
of Nigeria, 2004 and Other Customs and Excise Laws, to Establish
the Nigeria Customs Service Commission, Reform the Administration
and Management of Customs and Excise in Nigeria and for Related
Matters (HB.1074) (Senate) (Leader) — Second Reading. The House
Committee of the whole will need to deliberate more on the Bill. 3.
A Bill for an Act to Repeal the Federal Roads Maintenance Agency
(Establishment, etc.) Act, 2002, the Federal Highways Act, 1971 and
the Control of Advertisement (Federal Highways) Act, 1986 and to
Establish the Federal Roads Authority to Provide for the Ownership,
Regulation, Management and Development of Federal Roads Network and
for Matters Connected Therewith (HB.1075) (Senate) (Leader) —
Second Reading. 4. A Bill for An Act to make Provision for the
Prohibition and Punishment of Sexual Harassment of Students in
Educational Institutions and for Other Related Matters (HB. 843)
(Senate) (Leader) (Adjourned Debate: 23/3/2017) — Second
Reading. O. K Jev. The House Leader raised an objection to how the
Bill was initially framed, adjustments have been made and can go to
the Committee of the whole. Gbajabiamila moved the Bill be read a
second time, Hon. Ossai seconded. Leader of the House, Hon. Femi
Gbajabiamila (Lagos) stated that after the clarification of some
grey areas of the Bill, it should go on especially due to the
critical aim the Bill seeks to address, which is the constitutional
protection of the rights of students against sexual harassment
especially of students. In his contribution, Hon. Aminu Shagari
(Sokoto) pointed out that the grey areas removed was apt as the new
look of the Bill ensured that sexual harassment on student ps by
their teachers, and that of rape from a stranger, are now
clarified. He commended the mover and encouraged its passage. Hon.
Gyang Pwajok (Plateau) stated that the Bill if anything shows the
world that Nigeria doesn’t condone sexual harassment and also sends
a strong warning to perpetrators that stiff sanctions await them.
Hon. Hassan Sale (Benue) echoed the importance of the Bill to give
a legal tool to hand down suitable punishment to perpetrators
as a lot have gone Scot-free, or had been given a slap on the wrist
which have not deterred them, hence shaming the
victims. The question was put to a voice vote and passed to second
reading. 5. A Bill for an Act to Establish Projects Monitoring and
Evaluation Template to Provide for Effective and full
Implementation, Supervision and Feedback Mechanism on Capital and
Recurrent Expenditure based on Budgetary Allocations and for
Related Matters (HB. 997) (Hon. Ossai Nicholas Ossai) — Second
Reading. Hon. Ossai N. Ossai (Delta) moved that the Bill be
read a second time, Hon. Lawal Muazu seconded. In leading the
debate, Hon. Ossai stated that the Bill seeks to strengthen the
oversight functions of the National Assembly on the transparency of
Federal Government Capital and developmental projects, to dig
deeper for information on such projects and not depend wholly on
what Heads of MDAs decide to say, this is to ensure funds budgeted
are duly expended. Contributors to the Bill stated how essential it
is to pass the Bill in strengthening the Legislature. Hon. Aminu
Shehu Shagari (Sokoto) however pointed out that the objective of
the Bill seems to have been covered by the manuals already produced
by the House of Representatives on over-sighting and all.
Hon. Tahir Monguno (Borno) also opposed the Bill on the ground that
the second part of the Bill has been taken care of by the Public
procurement Act and Fiscal Responsibility Act. Hon. Gbajabiamila
while commending the intention of the Bill; advised for more work
to be done on the Bill, to also reflect the monitoring of Recurrent
expenditure. He advices that a small committee of Members of the
Legal background lawyers be set up to scrutinize the depth of the
Bill and compare the merits of the Bill with established Acts, in
order to ensure there are no conflicts and duplication. He urged
the House to therefore not be in a hurry to either reject or adopt
the Bill on the whole. Hon. Leo Ogor (Delta) stated that the
proposed templates proposed by the Bill makes specific over
sighting for specific projects and is highly commendable. Chairman
Rules and Business (Hon. Orker Jev) in his advice agreed with the
House Leader. The Bill was referred to the Committee on Rules and
Business who would in turn set up the committee, till then the Bill
is stepped down. 6. A Bill for an Act to Amend the Criminal Justice
(Miscellaneous Provisions) Act, Cap. C39, Laws of the Federation of
Nigeria, 2004 to Review the Penalties Provided for Offences under
the Act and give Members of the Public Power to Arrest Offenders
under the Act and for Other Related Matters (HB. 222) (Hon. Uzoma
Nkem-Abonta) — Second Reading. Hon. Uzor Abonta (Abia) moved that
the Bill be read a second time, Hon. Simon Arabo seconded. In
leading the debate, Hon. Abonta stated that the Bill simply
seeks to ensure penalties and Levies to offenders have the
reflectance of modern day financial realities and weighty enough to
dissuade perpetrators of such an economically inducing crime. Hon.
Simon Arabo stressed the need to be cautious in giving private
people the powers for arrest of suspects and not offenders as
stated in the title of the Bill (as they have yet to b convicted in
a competent Court of Law) so as not to be abused like the whistle
blower policy of the Federal Government. As an amendment Bill the
question was put to a voice vote and read a second time. The Bill
was referred to the Committee on Justice 7. A Bill for an Act to
Provide for the Establishment of a National Renal Centre to be
charged with the Responsibility of Research in Cure, Prevention and
Management of Kidney Diseases and for Related Matters (HB.1049)
(Hon. Bede Eke) — Second Reading. Hon. Eke Bede Uchenna (Imo) moved
for the Bill to be read a second time, Hon. In leading the debate,
Hon. Eke stated that the indices of the disease of kidney failure
has grown to an alarming rate and shouldn’t be neglected by the
Government, especially in the provision of adequate, accessible and
affordable medical treatment facilities and equipment nationwide.
Hon. Gyang Pwajok (Plateau) decried the times we live in when
people cannot test for diseases, let alone treat them. He stressed
that the disease need not be relegated or taken lightly as it has
been seen to have risen to the case that 1 out of 7 Nigerians live
with Kidney failure, he also called on NAFDAC to step up their
public enlightenment responsibilities to avoid kidney disease, as
food intake is found to be a major cause. Hon. Beni Lar (Plateau)
stated that Nigerian life expectancy is still low because the
citizenry are not being adequately taken care of by their
Government. She called for the upgrading of national treatment
facilities to discourage medical tourism abroad. Hon. Ogun (Edo)
stated that the influx of foreign drinks and foods from especially
Asia should be checked and the problem nipped in the bud. It wa put
to a voice vote, was then passed to be read a second time. 8. A
Bill for an Act to Amend the Institute of Chartered Accountants of
Nigeria Act, Cap. I11, Laws of the Federation of Nigeria, 2004 to
increase the Fines and make an Appeal lie from the Disciplinary
Tribunal to the High Court and for Related Matters (HB. 608) (Hon.
Gyang Istifanus Dung) — Second Reading. The Bill was stepped down
due to the absence of the mover. MOTIONS 9.
Procedure on Delegated Legislations: Pursuant to Order One, Rule 1
(2) of the Standing Orders of the House: Hon. E. Y.
Orker-Jev: The House: Aware of Section 4 of the
Constitution of the Federal Republic of Nigeria, 1999 which confers
powers on the National Assembly to make laws for the peace, order
and good government of the Federation or any part thereof with
respect to any matter included in the Exclusive Legislative list
set out in Part I of the Second Schedule to the Constitution; Also
aware that in the exercise of the above powers, the National
Assembly had, at various times, enacted laws that established
statutory agencies, bodies and corporations to carry out various
executive functions on behalf of the Federal Government; Notes that
the various Acts establishing those statutory bodies delegated
powers to them to make Rules and Regulations to aid their
operations; Observes that in delegating those powers to the
statutory bodies, the National Assembly had not been incorporating
into the Acts provisions to enable it examine the Rules and
Regulations made by those Agencies before they come into force, as
a result of which some of those Rules and Regulations exceed the
powers conferred under the enabling Acts; Also aware that the
global trend is for the Agencies to lay those Rules and Regulations
before the Parliament for approval before implementation; Further
aware that no procedure has been provided in the Standing Orders of
the House for consideration and approval of the Rules and
Regulations; Resolves to adopt the following procedure on Delegated
Legislations: (a) any government department, agency or corporation
that makes a Rule or Regulation pursuant to the power conferred on
it under its enabling Act shall communicate the Rule or Regulation
to the Speaker who shall, on receipt of the communication, refer it
to the Committee on Delegated Legislations; (b) the Committee on
Delegated Legislations shall consider the Rule or Regulation and
may obtain input from a Standing Committee having dominant
jurisdiction over the Agency and within thirty (30) days, present
its Report to the House for consideration; (c) the Committee on
Rules and Business shall schedule the Report and the House may
approve the Rule or Regulation and transmit its Resolution to the
Senate for concurrence; (d) if the Senate amends any aspect of the
Resolution, a Conference Committee of the Senate and the House
shall be constituted to deliberate only on the areas of
disagreement. The Committee shall not insert any matter not
contained in the Resolution referred to it or delete any matter
agreed to by either the House or the Senate. However, if the
Committee observes any apparent constitutional breach or infraction
of a provision of any Act in the Resolution, it may amend the
Resolution accordingly and such amendment shall form part of the
Rule or Regulation to be laid for adoption by both Chambers; (e)the
Clerk to the National Assembly shall, as soon as possible,
communicate the Resolution on the Rule or Regulation to the
department, agency or corporation concerned for implementation.
Hon. Orker Jev stepped down the Motion to do more work on it. 10.
Need to Revisit the Contract for Bonny Ring Road and Bridge
Project: Hon. Brown Randolph Iwo Oruene: The
House: Notes that Bonny island has over thirty-one (31)
communities and fishing settlements but the absence of access road
to neighbouring villages makes communication and movement tedious
and the costs of living and operating businesses very high; Also
notes that in 2009, the Niger Delta Development Commission (NDDC),
in realization of the need to connect the island to the neighbourig
villages, awarded a contract for the construction of Bonny ring
road and bridge at a sum of Eleven Billion, Two Hundred and Four
Million, One Hundred and Sixty-Eight Thousand, Twenty-Three Naira,
Ten Kobo (₦11,204,168,023.10); Aware that the contract, which was
awarded to Jafac Motors and Jafac Investments Ltd, was abandoned
over five (5) years ago after only twenty percent (20%) of the work
was done; Concerned about the abandonment- of the Road project that
was billed to connect Bonny island to the neighbouring communities,
boost commercial activities in the area and reduce criminal
activities on the waterways; Resolves to:
(i)mandate the Committee on Niger Delta Development Commission to
determine the cause of the abandonment of the contract and ensure
its re-award to a firm that will speedily execute the project and
report back in eight (8) weeks for further legislative action; and
(ii)also mandate the Committee on Legislative Compliance to ensure
compliance. Hon. Randolph Brown (Rivers) moved the motion,
Hon.Alexander Adekola (Ekiti), as an infrastructure Motion,
it was put to a voice vote and passed. 11. Call for Provision of
Infrastructure at the Federal Polytechnic, Ukana, Akwa Ibom State:
Hon. Emmanuel S. Akpan: The House: Recalls that
the Federal Polytechnic, Ukana, Akwa Ibom State was established in
June 2014 to aid the technological innovation and value oriented
training to meet the manpower requirements necessary for the
development of the Nation and for the betterment of the citizenry;
Aware that a citadel of learning like a Polytechnic requires an
infrastructural standards that must be put in place in order to
make it functional and conducive for learning; Also aware that
since its establishment, the Ukana Polytechnic is still operating
from its temporary campus that is bereft of basic infracstructure
such as administrative blocks, access roads, workshops,
laboratories, library, books etc, while its permanent campus has
been under construction since 2014; Cognizant that the Polytechnic
is fast growing in population and those basic infrastructure must
be put in place urgently to provide for a conducive academic
environment; Resolves to: (i)urge the Federal
Ministry of Education to ensure that basic infrastructure are
provided at the Federal Polytechnic, Ukana, Akwa-Ibom State to
enhance quality learning; and (ii)mandate the Committee on Tertiary
Education and Services to ensure that provision is made in the 2018
Budget for carrying out the above. Hon. Emmanuel Akpan (Akwa Ibom)
moved the motion, Hon Nwokocha (Abia) seconded the motion, as an
infrastructure Motion, it was put to a voice vote and passed. 12.
Call to Commence the Second Phase of the Rehabilitation of
Enugu-Onitsha Expressway in Anambra State: Hon. Tony Nwoye:
The House: Aware that the
Federal Government, in the 2016 budget, appropriated the sum of
five billion, four hundred million Naira (₦5.4 billion) for the
reconstruction/rehabilitation of Enugu-Onitsha Expressway after
several years of neglect and abandonment and commenced the said
road rehabilitation from the Enugu section of the expressway, and
also appropriated about seven billion, five hundred million Naira
(₦7.5 billion) only in the 2017 Appropriation Act for the project;
Informed that the Federal Ministry of Power, Works and Housing, in
conjunction with the House Committee on Works, embarked on a joint
inspection and assessment of the expressway on December 10, 2016
and confirmed that it is in a complete state of disrepair and
constitutes a nightmare to motorists and therefore requires urgent
attention, particularly the Odumodu junction-Umunya-Nteje to Awkuzu
junction axis which witnesses accidents almost on a daily basis
with the attendant loss of lives; Cognizant that the funds
appropriated in the 2017 budget for the reconstruction works can
support the ongoing rehabilitation of the expressway both from the
Enugu section and the second phase from Onitsha section
simultaneously, in order to reduce the extreme hardship being
experienced by commuters, end accidents on this vital Expressway
which connects the South East, the South South and the South West
geopolitical zones of the country; Resolves to:
(i)urge the Federal Ministry of Power, Works and Housing to, as a
matter of urgency, commence the second phase of the ongoing
rehabilitation of Enugu – Onitsha expressway, particularly from
Odumodu junction-Umunya-Nteje to Awkuzu junction in Anambra State;
and (ii)mandate the Committee on Works to ensure compliance and
report back in eight (8) weeks for further legislative action. The
Deputy Speaker noted that the said road had been provided for in
the 2017 budget, it is even a problem between the Minister of Works
and the National Assembly, Hon. Tony Nwonye stated that the delay
will be hazardous, as the road had become a death trap. He was
advised to liaise and ensure financial mobilization be effected
instead, it was ruled to be stepped down. 13. Need for Review of
the Public Financial Management System and Supreme Audit
Institution: Hon. Sergius Ose Ogun:
The House: Notes the parlous state of the public
financial management system that manifests in near daily media
reports of theft and conversion of whopping sums of public funds by
public office holders despite the fight against corruption and the
ceaseless clamour for change and national rebirth; Also notes the
Report of the Nigerian Extractive Industries Transparency
Initiatives (NEITI) that dividends of $15.8 billion that accrued to the Nigerian
Liquefied Natural Gas (NLNG) between 2000 and 2014 were yet to be
remitted to the Federation Account in brazen violation of sections
80 (1) and 162 (1) of the Constitution of the Federal Republic of
Nigeria, 1999; Observes that the country has degenerated to a level
of official mismanagement and recklessness that ministries,
departments and agencies operate for several years without internal
or external audit reports and review despite the plethora of public
financial management legislations, including the Fiscal
Responsibility and Public Procurement Acts that have not made any
tangible impact on the public accounting malaise; Acknowledges that
the introduction of the Treasury Single Account (TSA) is a welcome
development, but it needs a review to curtail some of its
operational problems and also be subjected to periodic audit since
the rate of commission and other terms of contract with private
firms are shrouded in secrecy; Aware that the constitutional
exclusion of the jurisdiction of the Auditor – General of the
Federation over audit of accounts of government statutory
corporations, commissions, authorities, agencies including all
persons and bodies established by Acts of the National Assembly
vide section 85(3) of the Constitution is tantamount to
constitutional safeguard against accountability, transparency and
fiscal responsibility in the public accounting affairs; Also aware
that NEITI is a private transparency initiative targeted at the
extractive industry and as such, a complementary mechanism that
cannot supplant the constitutional, administrative and legal
certainty of a country’s supreme audit institution; Cognizant that
public administration anchored on periodic publication of monthly,
quarterly and yearly financial returns that are subject to timely
internal and external audits is the only practical solution to the
mindless looting of public treasury which can only be achieved
through diligent reform of the public service generally and the
supreme audit institution in particular; Resolves
to: Mandate the Committees on Public Accounts, Finance
and, National Planning and Economic Development to undertake a
holistic scrutiny of the public finance management institutions,
especially the Office of the Auditor-General of the Federation and
report back within six (6) weeks on ways to reduce if not eliminate
the mindless looting of the nation’s treasury. Hon. Ogun Sergious
O. (Edo) moved the Motion, and prayed the House to use the
instrumentality of laid down Laws to urge Agencies like the Office
of the Auditor General’s Office to do what they are set up to do.
Essential audits should always be carried out so that the nation
doesn’t keep waking up to the embarrassment of hearing of strange
monies found in strange places. The Minority Leader of the House,
Hon. Leo Ogor (Delta) stated that some of the issues raised in the
Motion are a bit vague and more work should be done to know exactly
who to petition, because it is not the office of the Auditor
General’s Office, maybe the Ministry of Finance. Hon. Huang Pwajok
(Plateau) aligned his contribution with the views of Hon. Leo Ogor
and stated that the Motion seems to look like the House Committee
on Public Accounts is inefficient without actually saying so
without and preferring solutions. It was stepped down to be amended
and taken on a different Legislative day. 14. Call on the Federal
Government to Redeem its Promise to Reward the 1983 Flying Eagles
Team for its Historic Achievement: Hon. Abbas Tajudeen: The House:
Recalls that the 1983 Flying Eagles team was the first Nigerian
national football team to qualify for any Federation of
International Football Associations (FIFA) organized football
tournament; Also recalls that the team emerged as African Champions
in the Under-20 World Cup qualifying series in the African zone to
represent Africa in the FIFA organized Under-20 World Cup in Mexico
in 1983; Further recalls that before that feat was achieved,
several national football teams, including the Super Eagles had
attempted to qualify but failed; Notes that successive Federal
Administrations have paid only lip service to rewarding the team or
fulfilling the promise to award scholarship to every player in the
team; Also notes that the National Lottery Commission, which was
established to fund the nation’s sportsmen and women has not lived
up to expectations in this regard; Desirous of rewarding the
surviving members of the team and establish a template for the
reward of sportsmen and sportswomen who win laurels for the country
in international competitions and tournaments; Resolves
to: (i)urge the Federal Government to redeem its promise
to award scholarships in any academic institution of choice in this
financial year to the members of the Flying Eagles team of 1983
that qualified Nigeria for the under-20 World Cup in Mexico;
(ii)also urge the Federal Government to, as an alternative, reward
any player who is Late or not interested in academic pursuits by
monetizing the award, giving them national honours or honouring
them as it deems fit in concrete terms; and (iii)mandate the
Committee on Sports to liaise with the Federal Ministry of Youth
and Sports to ensure implementation and report back in six (6)
weeks for further legislative action. Hon. Tajudeen Abbas move the
Motion, Deputy Minority Leader seconded the Motion. Hon. Abbas
moved that just as the Nation takes punishing wrong doers
seriously; it should also be seen to praise heroes, and the dire
need of the reward of these heroes be taken seriously to encourage
young ones and due to the utter neglect the Eagkes have suffered
all these y ads, which sends a very wrong signal. The Motion was
put to a voice vote and passed. The Deputy Speaker gave leave to
The House Chairman, Rules and Business, Hon. Orker Jev to step down
items 15 and 16 on the Order paper, they were stepped down to be
considered on Thursday 20th July, 2017. CONSIDERATION OF
REPORTS (moved to Thursday, 20th July, 2017) 15. A Bill
for an Act to Incorporate Annex 12 to the Convention on
International Civil Aviation, 1944 into Nigerian Law, to Establish
the Nigerian Search and Rescue Service and to Provide for Other
Matters Connected Therewith (HB. 319) (Adjourned
Consideration: 22/2/2017). 16. Ad-hoc Committee to Investigate all
Cases of Invasion of Properties and Arrests of Persons for Reasons
Outside the General Duties of the State Security Service (SSS):
Hon. Garba Datti Muhammad: “That the House do consider the Report
of the Ad-hoc Committee to investigate all cases of invasion of
properties and arrests of persons for reasons outside the general
duties of the State Security Service (SSS) as prescribed by the
National Security Agencies Act, since 29 May, 2015 and approve the
recommendations therein” (Laid: 11/4/2017): (i)that there is the
need to amend the National Security Agencies Act to more clearly
state the powers of the State Security Service to investigate
corruption cases that affect national security; (ii)that there is
the need to amend the National Security Agencies Act by
incorporating the principles enshrined in Instrument No. SSS I to
make for a more comprehensive statute as well as end speculation
over the status of the Instrument in Nigeria’s hierarchy of laws;
(iii)that there is the need to amend the Evidence Act, 2011 by
repealing sections 14 and 15 to make evidence procured or obtained
as a result of an illegal search inadmissible as obtainable in
other jurisdictions like the United States; (iv)that for the
purpose of future arrests, the SSS must differentiate between cases
of persons who offer no threat both in terms of physical violence
and capacity for escape and therefore not needing to be subjected
to auxiliary measures (including arrests at night) on the one hand,
and those persons in respect of whom such measures are justifiable
on the other hand, in order to minimise the needless apprehension
and trauma to which such persons are subjected to; (v)that the
amendments to the NSA Act contained in Recommendations (i) and (ii)
can only be attained by the procedure for the alteration of the
1999 Constitution under section 9 (1) and (2). This is on account
of the provisions of section 315(5) of the 1999 Constitution which
provides that the NSA Act, among others, “shall not be altered or
repealed except in accordance with the provisions of section 9 (2)
of this Constitution”; (vi)that the SSS should tender an unreserved
apology to the Akwa Ibom State Government for the embarrassment
occasioned by the failure of the SSS to clarify to both the Akwa
Ibom State Government and the public the circumstances in which it
executed the search warrant at the Akwa Ibom State Government Lodge
and the outcome of the search; (vii)that given what has happened on
the arrests and prosecution of judges for corruption related
offences and the incident in Port Harcourt during the botched
attempt to arrest a judge, there is the need for the SSS to adopt a
system of briefing political office holders and senior public
servants at the onset of their appointments on the conduct expected
of them and what would be considered improper or unlawful
conduct under the law. This should be one of the responsibilities
of the various State Directors of the SSS. The Acting
Leader of the House then moved for the adjournment of the House to
Thursday, July 20 2017 @ 11:00am, The House adjourned.
Read more https://www.nairalaw.com/plenary-proceedings-from-house-of-representatives-19-july-2017/