Yar’Adua: What the Constitution Missed - … · Yar’Adua: What the Constitution Missed Can Chukwumerije’ s ... Legislative Digest Vol. 5 No. 1, Janaury 2010 T he essential ingredient

HON. YUSUF MAITAMA

TUGGAR

ProfileProfile

Insi

de

Yar’Adua:What theConstitutionMissed

Yar’Adua:What theConstitutionMissed

Can Chukwumerije’sCSR Bill Survive?

Vol. 5 No. 1, January 2010

2Legislative Digest Vol. 5 No. 1, Janaury 2010

The essential ingredient of any

democratic process is the presence of

an executive president, who the people rou-

tinely elected as a mark of their mandate

for his/her governance.

Since November 23, 2009, President

Umaru Yar’Adua left the shores of Nigeria

in search of appropriate medical attention

in the Kingdom of Saudi Arabia. It is true

that the Islamic Republic has more mod-

ern, technically superior and reliable medi-

cal facilities and personnel.

What is of interest here is not the high-

brow medicaments and medics of the

Saudis. It is the very long absence of our

President from duty without properly no-

tifying the citizens, and the attendant power

vacuum created in the statecraft of the

country.

The trip began like the typical medical

tours African leaders undertake to seek

treatment for the slightest ailment, because

medical centres in their countries are sub-

standard, unreliable and cannot handle

cases relating to our number-one citizen.

It has now become more protracted than

any of such trips, however.

Since Yar’Adua’s departure for the

holy land, his country continues to slide in

all aspects – politically, economically, so-

cially and security-wise.

The fact that certain hawks around the

presidential palace have made the exercise

of presidential powers by Vice President

Goodluck Jonathan a no-go area has made

a caricature of our bourgeoning

democracy. Section 144 of the Constitu-

tion says the VP can play Mr. President if

his boss is indisposed, but the hawks have

persistently couched it as a political matter

that can be manipulated.

Of course, the President of the Court

of Appeal, Justice Dan Abutu recently or-

dered the Federal Executive Council (FEC)

to write the National Assembly within 14

days, on the State of health of

Yar’Adua. After a review of the report, the

federal legislators and the Executive Coun-

cil of the Federation have decided, respec-

tively, that the President should formally

notify the legislature of his absence and

that Jonathan was already as Acting Presi-

dent.

The leadership of the National Assem-

bly certainly has a moral burden of doing

what is of interest to the people of the

country. For one, the legislature represents

the electorate between election years and

it is expected to behave in like manner. If

the President is truly accountable to the

people, the National Assembly members

ought to compel him to do what is reason-

ably appropriate, nothwithstanding lacu-

nae in the Constitution. They ought to have

told Yar’Adua before now that he is an

employee of the Nigerian people, and no

employer would tolerate an employee that

bolts and disappears for even a week with-

out proper notification—and permission—

no matter the genuineness of the employ-

ee’s excuse.

Obviously, however, the politics of the

legislators’ candidatures for the 2011 gen-

eral elections, pursuit of mundane matters

and luxurious lifestyle, as well as exposure

to the vagaries of the normal life of aver-

age Nigerians have kept them on the edge

in sensitive national questions.

The legislature must urgently conclude

its review of the constitution in line with

the Senate’s wishes, making mandatory

statements on the presidency and gover-

nors and their deputies, because even the

spare tyre can have its own utility

value. Thereafter, they all travel on the same

electioneering train. For now, even a morsel

of courage on their part can suffice.

Presidency: RemoveConstitutional Impediments

E d i t o r i a l

Editorial Board

Cosmas Elaigwu

Odoh Diego Okenyodo

Lillian Chukwu

John Alechenu

Juliana Taiwo

James Ojo

Medina Dauda

This publication was funded by Oxfam NOVIB.

Produced for CISLAC by Isu Media Ltd

Published by the Civil Society Legislative

Advocacy Centre (CISLAC).

International Liaison:Tobias Eigen – USA; Olly Owen – UK;

Morten Hagen – UK

Contact Address

Head Office: AbujaNo. 5 Mahatma Ghandi Street, off ShehuShagari Way, by Bulet Garden, Asokoro,Abuja-Nigeria. Tel: 234-08033844646,

08052370333, 07034118266 Email: [email protected],

[email protected]: www.cislacnigeria.org ;

Regional Office: KanoNo. 110 ALYUMA HOUSE,

Maiduguri Road, Kano,Kano State, Nigeria

Tel: 234-07064016626


C o v e r S t o r y

By Lillian Chukwu

No doubt, the Nigerian Consti

tution is once again being

tested. The absence of the Presi-

dent, Umaru Yar’Adua, has gen-

erated a rumble that is almost

overwhelming the polity. But,

where has the 1999 Constitution

faltered?

For almost three months, the

office of the President had re-

mained incapacitated as the

number one citizen was hurriedly

flown out of the country to Saudi

Arabia for urgent medical atten-

tion.

The development created loop-

holes in the administration of state

matters. And, being the first time

in the history of Nigeria that such

a long vacuum would be created

in its leadership, analysts flipped

open the pages of the Constitution

to determine the next state of ac-

tion. This did not come without

some ‘unconstitutional’ incidences

and alleged infractions.

In December 2009, Yar’Adua

acting in capacity as a President

allegedly signed the 2009 supple-

mentary budget. The National As-

sembly had in November passed

President’s Absence:What the ConstitutionMissed

the N353.6 billion supplementary

budget. The signing of the budget

was done on the last day of the

mandatory 30 days provided in

section 58 (4) of the 1999 consti-

tution within which the President

must assent to the budget or risk

its unilateral passage by the Na-

tional Assembly.

Media reports indicated that

Yar’Adua’s signature might have

been forged.

Also in the same period, the

Chief Justice of Nigeria (CJN), Jus-

tice Idris Legbo Kutigi, swore in his

successor, Justice Aloysius

Katsina-Alu, an unheard-of occur-

rence since the existence of the

Nigerian judiciary. Katsina-Alu was

on December 16 confirmed by the

Senate as the next CJN, following

his nomination the previous month

by Yar’Adua to take over from

Kutigi, who was to retire as CJN

on December 31. Traditionally,

CJNs in the country are sworn in

by the President.

Against these backgrounds and

unfolding events, the then Attor-

ney-General of the Federation

(AGF) and Minister of Justice,

Michael Aondoakaa, argued that

signing of the supplementary fi-

nancial plan by the President in the

King Faisal Specialist Hospital in

Jeddah and the AGF swearing in

the new CJN were all justifiable.

Over 100 lawyers, including

human right activist Femi Falana,

went to court seeking to formally

compel a proper hand over to Vice

President Goodluck Jonathan. A

constitutional crisis threatened to

consume the polity.

What does the constitution

state on the matter on the absence

of a President after a stipulated

period? According to section 145

of the 1999 Nigerian constitution

which reads: Whenever the Presi-

dent transmits to the President of the

Senate and the Speaker of the

House of Representatives a written

declaration that he is proceeding on

vacation or that he is otherwise un-

able to discharge the functions of his

office, until he transmits to them a

written declaration to the contrary

such functions shall be discharged

by the Vice-President as Acting

President.

But legal personages like Festus

Keyamo have continued to fault the

clause which gives ultimate power

to the President as he is allowed to

determine when to hand over

power and also to determine when

to take it back.

In a recent development, the

Senate rose to a resolution man-

dating the Vice-President to be-

come the acting President and the

Commander-in Chief of the Armed

Forces. According to the Senate

President, David Mark, “there is

the need for a review on section

Goodluck Jonathan... Finally, made

Acting President.

Over 100 lawyers went to courtseeking to formally compel a

proper hand over to Vice PresidentGoodluck Jonathan.


145 of the constitution as

quickly as possible.”

The resolution by the Na-

tional Assembly has not

doused the heightened appre-

hension among Nigerian citi-

zens because the route

through which the VP was en-

throned as President has gen-

erated another round of constitu-

tional debates.

For a constitutional require-

ment, can a political solution be-

come a substitute? Is it illegal, like

most analysts have said? The 1999

Constitution clearly states how a

vice president can become acting

president. Section 143 outlines the

processes of impeachment; Section

144 dwells on his removal from

office on medical grounds while

Section 145 prescribes how he

transfers power to the vice presi-

dent. These are the only three con-

ditions where the Constitution al-

lows a vice president step up to

become acting president or presi-

dent.

Sections 143; 144 and 145

states thus:

“143 (1) The President or Vice-

President may be removed from

office in accordance with the pro-

visions of this section.

“(2) Whenever a notice of any al-

legation in writing signed by not

less than one-third of the members

of the National Assembly:

“(a) is presented to the President

of the Senate;

“(b) stating that the holder of the

office of President or Vice-President

is guilty of gross misconduct in the

performance of the functions of his

office, detailed particulars of which

shall be specified,

“the President of the Senate

shall within seven days of the re-

ceipt of the notice cause a copy

thereof to be served on the holder

of the office and on each member

of the National Assembly, and shall

also cause any statement made in

reply to the allegation by the holder

of the office to be served on each

member of the National Assembly.

“(3) Within fourteen days of the

presentation of the notice to the

President of the Senate (whether

or not any statement was made by

the holder of the office in reply to

the allegation contained in the no-

tice) each House of the National As-

sembly shall resolve by motion

without any debate whether or not

the allegation shall be investigated.

“(4) A motion of the National

Assembly that the allegation be

investigated shall not be declared

as having been passed, unless it is

supported by the votes of not less

than two-thirds majority of all the

members of each House of the Na-

tional Assembly.

“(5) Within seven days of the

passing of a motion under the fore-

going provisions, the Chief Justice

of Nigeria shall at the request of

the President of the Senate appoint

a Panel of seven persons who in

his opinion are of unquestionable

integrity, not being members of any

public service, legislative house or

political party, to investigate the

allegation as provide in this sec-

tion.

“(6) The holder of an office

whose conduct is being investi-

gated under this section shall have

the right to defend himself in per-

son and be represented before the

Panel by legal practitioners of

his own choice.

“(7) A Panel appointed un-

der this section shall -

“(a) have such powers and

exercise its functions in ac-

cordance with such procedure

as may be prescribed by the

National Assembly; and

“(b) within three months of its

appointment report its findings to

each House of the National Assem-

bly.

“(8) Where the Panel reports to

each House of the National Assem-

bly that the allegation has not been

proved, no further proceedings

shall be taken in respect of the

matter.

“(9) Where the report of the

Panel is that the allegation against

the holder of the office has been

proved, then within fourteen days

of the receipt of the report at the

House the National Assembly shall

consider the report, and if by a

resolution of each House of the

National Assembly supported by

not less than two-thirds majority

of all its members, the report of the

Panel is adopted, then the holder

of the office shall stand removed

from office as from the date of the

adoption of the report.

“(10) No proceedings or deter-

mination of the Panel or of the Na-

tional Assembly or any matter re-

lating thereto shall be entertained

or questioned in any court.

“(11) In this section -

“ “gross misconduct” means a

grave violation or breach of the

provisions of this Constitution or

a misconduct of such nature as

amounts in the opinion of the Na-

tional Assembly to gross miscon-

duct.

“144. (1) The President or Vice-

President shall cease to hold office,

if -

n C o v e r S t o r y

For a constitutional requirement, can apolitical solution become a substitute? Is itillegal, like most analysts have said? The

1999 Constitution clearly states how a vicepresident can become acting president.


“(a) by a resolution passed by

two-thirds majority of all the mem-

bers of the executive council of the

Federation it is declared that the

President or Vice-President is in-

capable of discharging the func-

tions of his office; and

“(b) the declaration is verified,

after such medical examination as

may be necessary, by a medical

panel established under subsec-

tion (4) of this section in its report

to the President of the Senate and

the Speaker of the House of Rep-

resentatives.

“(2) Where the medical panel

certifies in the report that in its

opinion the President or Vice-Presi-

dent is suffering from such infir-

mity of body or mind as renders

him permanently incapable of dis-

charging the functions of his office,

a notice thereof signed by the Presi-

dent of the Senate and the Speaker

of the House of Representatives

shall be published in the Official

Gazette of the Government of the

Federation.

“(3) The President or Vice-Presi-

dent shall cease to hold office as

from the date of publication of the

notice of the medical report pur-

suant to subsection (2) of this sec-

tion.

“(4) the medical panel to which

this section relates shall be ap-

pointed by the President of the

Senate, and shall comprise five

medical practitioners in Nigeria:-

“(a) one of whom shall be the

personal physician of the holder of

the office concerned; and

“(b) four other medical practi-

tioners who have, in the opinion of

the President of the Senate, at-

tained a high degree of eminence

in the field of medicine relative to

the nature of the examination to

be conducted in accordance with

the foregoing provisions.

“(5) In this section, the refer-

ence to “executive council of the

Federation” is a reference to the

body of Ministers of the

Government of the Federation,

howsoever called, established by

the President and charged with

such responsibilities for the

functions of government as the

President may direct.

“145. Whenever the President

transmits to the President of the

Senate and the Speaker of the

House of Representatives a writ-

ten declaration that he is proceed-

ing on vacation or that he is oth-

erwise unable to discharge the

functions of his office, until he

transmits to them a written dec-

laration to the contrary such func-

tions shall be discharged by the

Vice-President as Acting Presi-

dent.”

Nigerians are once again divided

on the Assembly’s easy solution.

Some aggrieved Nigerians would

want this issue of Yar’Adua’s re-

fusal to transmit a vacation letter

dealt with properly once and for all.

The Action Congress (AC) has al-

ready flawed the decision, which it

has called illegal. The National As-

sembly’s resolution, thus, may not

stand a flurry of litigations which

are inevitable under the circum-

stances at hand.

Will the executive council of the

federation do as the Constitution

has prescribed and save the day?

It is a known fact that the presi-

dent is presently incapacitated.

His silence since the “BBC clip”

only confirms that he is truly in-

capacitated.

The council should do what is

best for the country and the Nige-

rian people; which is, begin a proc-

ess of constitutionally declaring the

president incapacitated just like

Professor Dora Akunyili stated in

her memo.

If the council fails in its most

crucial assignment today, then the

question becomes, can this politi-

cal solution stand in a competent

court of law?

The political solution employed

by the National Assembly to install

Jonathan as acting president has

not doused the uncertainty in the

land because the means through

which he assumed office has

thrown up another round of con-

stitutional debates.

n C o v e r S t o r y

Nigerians are once again divided on the Assembly’s easy solution.Some aggrieved Nigerians would want this issue of Yar’Adua’s refusal

to transmit a vacation letter dealt with properly once and for all. TheAction Congress (AC) has already flawed the decision, which it has

called illegal. The National Assembly’s resolution, thus, may not standa flurry of litigations which are inevitable under the circumstances at

hand.

Yar’Adua


By Juliana Taiwo

Ahead of 14th Ordinary Session

of the Assembly of the African Un-

ion, which commenced on January

25 to February 2, 2010, in Addis

Ababa, the Friedrich Ebert Stiftung

(FES) –Addis Ababa Office— had in-

vited African journalists and editors

from Nigeria, Kenya, Tanzania,

Uganda, Sudan, Egypt and Zimba-

bwe.

The training focused on the In-

stitutional transformation of the

African Union, the Structure of the

African Union Summit, update on

the current conflicts in Africa, the

civil society organisations’ engage-

ment with the Regional Economic

Communities (REC) and the Afri-

can Union and the discussion on

the African Union Authority/Union

Government.

All through the different presen-

tations and the discussions that

followed suit, Nigeria continuing to

be without President Umaru Musa

Yar’Adua and the fact that Vice

President Goodluck Jonathan had

not been given executive powers to

perform were not only the butt of

jokes but also a source of concern

for participants.

Each reference made to Nigeria

on any issue, be it her contributions

at the African Union, which include

the 15% of the $165 million of the

annual budget of the union, high-

est contributor of troops to peace-

keeping missions in the continent

as well as her important role in the

Economic Community of West Af-

rican States (ECOWAS) including

holding the chairmanship, it was

sad to see how Nigeria was being

made fun of. What was even more

worrisome was the misinterpreta-

tions of the renewed mindless may-

hem and blood-letting that erupted

in the Plateau State capital on Sun-

day, January 17, 2010, which left

200 people dead and many houses,

including worship places. Many

here thought it was in protest of

President Yar’Adua’s absence.

But in the midst of the jokes

which usually left the two of us (par-

ticipants from Nigeria) head bowed,

it was also clear that the implica-

tions were scary to the participants

who took time off during lunch

break to talk to me about the dan-

gers, especially as the continent was

still young in democratic practice

of Nigeria continuous status with-

out a leader.

According to one of the partici-

pants from the West African sub-

region, “The situation is not under-

standable and cannot be explained

either. Nigeria is regarded as the big

brother in the continent so it is dif-

ficult to understand why only one

person will hold close to 150 mil-

lion Nigerians to ransom. Does it

mean that there are no systems in

place to check this kind of develop-

ment? Does it mean the system in

place is so weak as to watch this

drama go on for two months? His

continuous absence is also a threat

to the amnesty programme he in-

troduced which was welcomed by

many across Africa to resolve the

Niger Delta crisis. I think is a very

aweful situation for Nigeria and the

fear is that if it continues it might

lead to crisis, which might tow the

religious and ethnic divide and the

political calculations which right

now favours the north to rule for

the next eight years might not be

tolerated if truncated which ex-

plains why they are reluctant to

have the Vice President take over.

“Regionally, Nigeria is now lead-

ing the ECOWAS President

Yar’Adua is the Chairman of

ECOWAS. The ECOWAS Summit

was supposed to be held on Decem-

ber 21, 2009, it was postponed to

January 18th 2010 and again it has

been postponed to February 15th

and I am not sure if it will hold on

that date if he does not return. In

fact, it is important to let you know

that the President of ECOWAS,

Mohammed Ibn Chambas’ tenure

will end March 1st, 2010 and we do

not know what will be the situation

since the chairman has not decided

because there has to be a meeting

with other presidents of the region

to make critical decisions. They

have to decide if the Vice President

of ECOWAS is going to take over or

are we going to replace Chambas

with another Ghanaian or what will

be the new formula, all these the

presidents have to decide.

“There are also other important

decisions affecting the region. For

instance, there will be elections in

Togo and everybody knows that in

the last election in Guinea Bissau,

Nigeria helped to airlift the

equipments, trucks, etc, and some-

times those decisions can only be

taken by the presidents. So you ask

yourself what will happen with

those elections if President

Yar’Adua does not come back. Also,

the situation in Niger Republic, he

has to decide on it because former

Nigeria’s Head of State,

Abdulsalami Abubakar is the one

mediating there. The situation now

in Guinea Conakry, there is a step

backwards. There is a mediator who

has been nominated and is now in

Burkina Faso but if ECOWAS has

to take the decision to be involved,

you have to rely on the chairman

and no provision has been made if

the chairman is not around on how

to replace him and if you try to re-

place him there is fear that there

might be protests. So his continu-

ous absence also threatens the sub-

region, whether we like it or not.”

YYYYYar’Adua:ar’Adua:ar’Adua:ar’Adua:ar’Adua: Nig Nig Nig Nig Nigeria Butt oferia Butt oferia Butt oferia Butt oferia Butt of J J J J Jokokokokoke in e in e in e in e in AdAdAdAdAddisdisdisdisdis Ababa

R e p o r t


What are your comments on

the recent violence in Jos,

your state capital?

This is a sad development in the

annals of the state. The mayhem

was uncalled for. Brothers who had

Rep to Executive:

ImplementPrevious Panels’Recommendationsto End Jos Crisis

Like a recurring decimal, sectarian

violence broke out in Jos, the

Plateau state capital, which added

to the anxiety created by the

continued absence of President

Umaru Yar’Adua from the country

over health issues. Honourable

George Daika, a National Assembly

member representing Shendam/

Mikan/ Quanpam Federal

Constituency of Plateau State in the

Lower Chamber, in an interview on

the perennial violent conflict, said

that the only way to put an end to it

is for government to muster enough

muscle to implement

recommendations of previous panels

of inquiry.

been living together in peace just

wake up to start killing themselves,

this is unnecessary, we are trying

to talk to ourselves to stop the

senseless killings and destruction

of houses and other property. Jos

is a peaceful place to live, the cli-

mate is conducive and business

flourishes in the state, but when

you have this kind of hiccups, peo-

ple will be discouraged to come to

your place to carry out business

I n t e r v i e w

Continued on page 12

Hon. George Daika


F e a t u r e

By Odoh Diego Okenyodo

Early in 2009, the business

community woke to an at-

tempt to compel companies to un-

dertake corporate social responsi-

bility initiatives with 3.5% of their

earnings before tax. The bill osten-

sibly wanted to set up a commis-

sion to coordinate all CSR. The

companies fought back. There was

a public hearing in December 2009

and there has been silence after.

No one can ascertain the true state

of the attempted legislation.

Though it is not easy (nor ap-

propriate) to legislate philanthropy,

the rationale for attempting to com-

pel Nigerian businesses to show

some kindness is extant. Nigerian

companies operate in rather cold-

hearted and impenetrable fashion,

showing no connection with the

often-impoverished communities

around them. According to an ex-

planatory note to the bill, “Com-

panies deriving benefits and max-

imising profits from communities

are not appropriately responding

to needs of host communities

through strategic philanthropy,

environmental protection, and

community development.”

Nonetheless, it can be argued

that an equally unkind business

environment appears to have con-

ditioned the companies to glue

themselves to as much naira as

they can. Often, companies have

had to build their own roads, wa-

ter and electric supply sources,

employ their own security person-

nel, and many other ancillaries

that are taken for granted in some

other climes. Such strenuous prac-

tice explained the collapse of Ni-

geria’s textile industries.

This was the argument that led

the Nigerian Employers Consulta-

tive Association (NECA), a strong

member of the organised private

sector (OPS), to mobilise business

organisations in the country to join

an anti-CSR Bill lobby team. They

deployed themselves into media

and the National Assembly, work-

ing assiduously against the pas-

sage of the bill into law.

They argued that making CSR

compulsory would amount to an

umpteenth form of taxation and

that they are already overtaxed.

Companies operating in Nigeria

pay withholding tax, company in-

come tax, value-added tax, and a

host of other official duties and lev-

ies from local, state and federal

governments. These fees and lev-

ies often overlap and strain rela-

tions between businesses and gov-

ernments, as well as between

businesses and shareholders/em-

ployees (whose incomes dwindle,

as a result) and customers (who are

made to pay more).

Thus, the director-

general of the Nigerian

Employers Consultative

Association (NECA), Mr.

Olusegun Oshinowo, had

stepped up mobilisation

to stop the Senator Uche

Chukwumerije-spon-

sored legislation. He called on mul-

tinational corporations in the

country, indigenous firms, and the

OPS, to join forces to stop the pas-

sage of the CSR bill, which he con-

tended would further drag the na-

tion’s economy backward. The

group argued that CSR should re-

main as voluntary as it had been

all around the world. Nigeria was

going to become the first country

in the world to legislate CSR.

“The Bill seeks to establish the

Corporate Social Responsibility

Commission for the control and

regulation of the activities of Cor-

porate Organisations in Nigeria,”

Senator Chukwumerije, represent-

ing Abia North constituency, said

in the explanatory note referred to

above. It is entitled A Bill For An

Act To Provide For The Establish-

ment Of The Corporate Social Re-

sponsibility Commission. Perhaps,

it would be one commission too

many.

Can Chukwumerije’sCSR Bill Survive?

Companies argue that making CSRcompulsory would amount to an

umpteenth form of taxation and thatthey are already overtaxed.

Senator Uche Chukwumerije


Nigeria’s House of Representa

tives in a landmark move has

passed into second reading a bill

for an act to provide for measures

to combat terrorism and for related

matters. This will no doubt send

the signal to convince the United

States of America [USA] and the

rest of the world that the country

is not a haven to breed terrorist.

The bill, which is titled “Preven-

tion of Terrorism Bill 2009 (HB

322)” is sponsored by the Execu-

tive and it is making a return to

the chamber because the last As-

sembly failed to pass it into law.

But more importantly, the bill

is enjoying the support of members

following a failed attempt to blow

up an America passenger craft by

23-year-old Nigeria born Umar

Farouk Abdultallab on December

25th 2009 [Christmas Day].

The US government followed it

up by including Nigeria among 14

nations of the world placed on ter-

ror watch list.

The fact that the bill was mak-

ing its second appearance on the

floor of the Nigerian parliament and

RRRRReeeeeps okaps okaps okaps okaps okay anti-tery anti-tery anti-tery anti-tery anti-terrrrrror billor billor billor billor bill

the failed attempt to bomb the US

plane is an indication that the

country is not supporting terror-

ism.

The Farouk Abdultallab saga

only adds impetus to accelerate

the quick passage of the bill into

law and this was exactly what hap-

pened on the first day the bill was

read, as no member opposed the

bill for scaling the second reading.

And what does the bill, which

was sent by President Umaru

Yar’Adua to the National Assem-

bly, tends to achieve now as a ‘ter-

ror nation’ by US standards?

The bill seeks to provide for

measures for the prevention, pro-

hibition and combating of acts of

terrorism, the financing of terror-

ism in Nigeria and for the effective

implementation of the Convention

on the prevention and combating

terrorism and the Convention on

the suppression of the financing of

terrorism, in addition to prescrip-

tion of penalties for violating any

of the provisions of the bill.

When the bill becomes an act

of parliament and signed into law

Dimeji Bankole

by the President, it will be against

the laws of the Federal Republic of

Nigeria for any body or group of

persons to be found guilty by a

court of engaging in activities to

assiste or facilitate any act of ter-

ror, capable of tarnishing the im-

age of the country.

Also, it is assumed that provid-

ers of logistics in equipment and

providers of funds with intention

to carry out acts of terrorism in any

disguise would be liable for con-

viction.

There are shall be a Director

General who will initiate proceed-

ings against suspected terrorists by

approaching the Judge in cham-

bers with ample evidence of acts

relating to terror.

In all, the bill is divided into 5

parts 32 sections, including the ti-

tle page. Section 28, in Part 5, of

the bill, stipulated that with out

prejudice to the general powers of

the Attorney General of the Fed-

eration to institute and undertake

criminal proceedings on behalf of

the Government, any agency

charged with the responsibility of

terrorist investigation shall have

powers to institute criminal pro-

ceedings against any person in re-

spect of offences categorised un-

der the act.

Life imprisonment was pre-

scribed for any conviction under

sections 1 to 10 or a fine of

N150milin or both, while in the

case of an offence under sec-

tions2,3,4,5,8,9,12,13 and 14,

imprisonment for a term not less

than 3 years and not exceeding 20

years among other terms of pun-

ishment.

Farouk Abdulmutallab

B i l l


Photos from CISLAC’s

Gender Policy Formulation Workshop

Photos from CISLAC’s

L-R: Josephine Alabi, Muhammad Zubair and Naomi Goyo.

Gender expert, Mrs. Bunmi Dipo-Salami

making a point at the workshop.CISLAC staff at the Gender Policy Formulation Workshop.

with support from Oxfam Novib


Assistant Programme Officer, Mr Onyedikachi Izuegbu at

the workshop.

Ms Naomi Goyo (Assistant Programme Officer) and Ms Annabel

Ezehi.

Executive Director of CISLAC, Auwal Musa Rafsanjani engages

in a chat with two guests.

CISLAC’s in-house volunteer, Ezenwa

Nwagwu, middle,with other CISLAC staff.

Rhema Ehiemere, Project Officer, Annabel Ezehi listening

attentively to Bunmi Dipo-Salami.


and contribute to the development

of your area, but we are happy that

steps have taken to nip the crisis

in the bud. The security agencies

have moved in to restore sanity so

that people will live a normal life.

This is not the first time the

state capital will be engulfed in

such clashes?

Yes, you are right, Jos and even

other parts of the state had been

visited with violence before, that is

why I said that it is very sad. No

sane person will support what is

going on in the state capital, but I

think that the failure to implement

recommendations of past panels of

inquiry set up to probe similar cri-

ses has not help matters and this

is quite unfortunate. I will say that

the policy of impunity and lack of

political will on the part of the state

and federal government to imple-

ment recommendations of investi-

gations of violence outbreaks were

responsible for the constant con-

flicts and killings in the Plateau.

In your understanding of the

remote and immediate causes of

the recent conflict, what do you

think will stop such ugly inci-

dents?

The truth must be told always

and as a representative of the peo-

ple, government needs to wake up

and be ready to implement recom-

mendations of panels set up to

probe similar violence. One thing

that has come out of the serial kill-

ings and destructions is that it

normally takes the same pattern.

Government will react to a riot

after quelling it and set up a panel,

the panel will gather information

from the victims of the violence and

make recommendations to prevent

a repeat.

All you will see is that the rec-

ommendations will be kept some-

where and allowed it to gather dust

until one day violence will rear its

ugly head again. This has been the

pattern and you ask, why is gov-

ernment afraid to carry out the rec-

ommendations of the panel of emi-

nent citizens trusted to do a

thorough job?

So, I will still go back to what I

said earlier, that government at the

State and Federal level should be

courageous enough to punish who-

ever is linked with sponsoring the

killings and destruction of proper-

ties to satisfy personal ego and self-

ish interest. Government, I want

to believe, knows the remote and

immediate causes of the Jos riots

and those behind it. Let govern-

ment summon the courage to bring

them to book; nobody will promote

violence again on the Plateau.

Government should also be pre-

pared to engage the jobless youths

of the state in productive endeav-

ours and encourage the spirit of

healthy competition to excel in any

chosen career. Most of the youths

engaged by the political class in the

mayhem are redundant due to un-

employment; there is need for the

government and well placed indi-

viduals to provide means of liveli-

hood for them.

What is your message to your

constituency and people of Pla-

teau state in general?

I want to call on all well mean-

ing indigenes of the state to be tol-

erant and give back to the com-

munity in the spirit of love. I want

to commiserate with the people

that have lost their lives in the

course of the conflicts and I want

the State government to urgently

convene meetings of religious lead-

ers, ethnic groups, community

leaders including traditional rulers

and other interest groups in the

state with a view to engaging them

regularly in dialogues on how to

keep the peace. Government

should bridge the gap between the

religious and cultural groups in the

state; Christians and Muslims in

the state should collaborate with

the traditional rulers from time to

time to iron out their differences,

instead of allowing it to fester. On

the part of security agencies, it is

necessary for them to check the

influx of hoodlums into the state,

as it has been discovered that the

majority of those used by trouble

makers to perpetrate the heinous

crimes are non-indigenes. You can

see that in the recent arrest made

by the security agencies, it clearly

showed that those used in perpe-

trating the mayhem are from

neighbouring states, even though,

it is acceptable that Plateau state

is the home for all.

Continued from page 7

n I n t e r v i e w

Government, I want to believe, knows the remote and immediatecauses of the Jos riots and those behind it. Let government summon

the courage to bring them to book; nobody will promote violenceagain on the Plateau. Government should also be prepared to engage

the jobless youths of the state in productive endeavours andencourage the spirit of healthy competition to excel in any chosen

career. Most of the youths engaged by the political class in themayhem are redundant due to unemployment


YUSUF MAITAMA

TUGGAR

Hon. Yusuf Maitama Tuggar was born 12th of March, 1967. He

attended Kano Corona Trust School, Kano, from 1972–

1978 and Federal Government College Ilorin, Kwara State

1978–1983. He proceeded to St. Bede’s School, The

Dicker, near Hail sham, East Sussex, England for his ‘A’

levels in Economics, Geography and English/European

History 1983–1985. He moved on to the United States

International University, San Diego, California, where he

obtained a Bachelor’s Degree in International Relations

and was a Dean’s list Student bio featured in Dean’s List

Publication 1988.

Hon. Tuggar began his working career

as a businessman supplying

chemicals to Nigerian refineries in

1990 before moving on to oil trad-

ing with Petroil Trading and

Tuguma Enterprises. He became

an oil & gas consultant focusing

on the upstream as from the year

2000 and has carried out ac-

claimed studies focusing on politi-

cal risk, including one titled ‘Illicit

Bunkering and the Niger Delta En-

vironment’. He has carried out ex-

tensive studies in the oil and gas

sector on behalf of local and inter-

national clients. Along with other

business associates, he founded a

company named Movido E & P that

successfully bided for an oil field

during the 2002 Nigerian Marginal

field farmout exercise (Ekeh field

OML88).

The astute businessman came

into politics and was elected to the

Federal House of Representatives,

representing Gamawa Federal

Constituency of Bauchi State in

May 2007 (the same seat had at

one time been occupied by his late

father Senator Abubakar Tuggar

in the second Republic). The

younger Tuggar is currently the

Chairman of the House Commit-

tee on Public Procurement (Due

Process), member Petroleum Up-

stream committee, Foreign Affairs

committee and committee on Ag-

riculture. His acknowledgeable

contributions as a member of the

Petroleum Upstream committee

may have informed his recent se-

lection as a member on Ad-hoc

committee charged with the task

of investigating the activities of the

Nigerian National Petroleum Cor-

poration (NNPC) from 1999 to

2007. He is married and blessed

with two children and his main

hobby remains reading.

CONSTITUENCYOUTREACH

Determined to alleviate poverty and

also to ameliorate the transportation

problems within his constituency, Hon.

Yusuf Maitama Tuggar has donated

over 60 motorcycles to members of his

constituency.

DISTRIBUTION OF

MOTORCYCLES

n P r o f i l e


·An Udubo ultra

modern Alkali

Abubakar Education

Research and

Training Centre, one

in the state located

at Udubo, Gamawa

Federal Constitu-

ency built in 2009 by

Hon. Yusuf Maitama

Tuggar.

POTISKUM-UDUBO-GAMAWA-GAMAYIN FEDERAL ROAD·Hon. Yusuf Tuggar pioneered the inclusion of the abandoned Potiskum-Udubo-

Gamawa-Gamayin Federal road which had been abandoned in the 2009 budget. He

championed the release of the sum of N400, 000,000 for the continuation of the

project and the completion of the road.

OTHER PROJECTS·Currently, six different educational and

water projects have been allocated to

various villages of Hon. Yusuf Tuggar’s

constituency. These include: construc-

tion of 3 classroom blocks in Karba,

Wabu and Aido, supply of healthcare

equipment at Kore/Kubdiya ward and

drilling of motorised powered borehole

in Udubo town.

At the Gamawa Satellite Prison during the borehole re-launch.

P r o f i l e

WATER PROJECTS·The picture below shows the former Deputy Governor of Bauchi State, Alhaji Muhammadu Garba Gadi commissioning one

of the boreholes in the constituency. On September 4th, 2007, Hon. Tuggar set up a 3-man team to collect and collate data on

functional and non-functional boreholes within the constituency. The team later reported that only 20% percent out of the total

number of boreholes in the constituency were functional. Consequently, Hon. Tuggar put machinery in place and repaired

BATCH-TWO HAJJ

SPONSORSHIP·Hon. Tuggar during the 2008 Hajj

exercise sponsored five persons from

his constituency namely; Jalla Ubali

Gamawa, Abubakar Umar (Sarkin

Raga), Mubi Abubakar, Jummai

Abubakar and Asabe Rabi’u Tuggar.

over 60 hand-pumps and motorised

boreholes.·He also inaugurated a committee to

handle the maintenance and repairs of

these boreholes at ward level and

headquarters finding the lasting

solution to lack of maintenance.

Former Deputy Governor of Bauchi

State, Garba Gadi, commissioning

borehole built by Tuggar.

DISTRIBUTION OF SEWING

AND SPAGHETTI MAKING

MACHINES·Honourable Tuggar purchased and

distributed over one hundred sewing

and spaghetti making machines within

the constituency. The distribution was

done during his poverty alleviation

programme and was given mainly to

housewives and unemployed members

of his constituency.

·Hon. Tuggar donated a Honda Odys-

sey car to the Gamawa Local Govern-

ment Secretariat of the All Nigeria Peo-

ples Party (ANPP). This was to alleviate

the transportation problems of the local

government branch of the party.

DONATION OF AN ODYSSEY

HONDA CAR



As the Senior Special Assist

ant to the President on the

Millennium Development Goals

(MDGs), Mrs. Amina Moham-

med Az-Zubair is responsible for

ensuring that Nigeria achieves

the targets of the programme.

Born of a Nigerian father from

Gombe State and a British

mother from Wales, she had her

elementary education in Nigeria

before finishing her higher

education in the Isle of Man.

She was a partner in Afri-

Project Consortium which

designed framework for Petro-

leum Trust Fund in the 90s and later national coordinator for Education-For-All (EFA), before joining

the team that designed a mechanism on how to spend the gains of the Debt Relief which the country

acquired in 2005 for poverty related programmes. A very eloquent and pragmatic personality, she is a

Member of various global institutions including Expert Group on Education of the Global Governance

Initiative of the World Economic Forum and Technical Expert on numerous UNESCO activities. She is

advisor to the Gates Foundation; a Governor of the Canadian International Development research

Center (IDRC) and serves on the board of the National Human Rights Commission and AWOMI based

in Dakar . She is a recipient of the National Honours of the Officer of the Federal Republic (OFR) be-

stowed on her in 2006 and inducted into the Nigerian Women’s Hall of Fame in 2007. In this interview

with the Economic Confidential, Mrs. Amina Az-Zubair talks on MDGs and its relationship with various

stakeholders including legislators, states and funding. Excerpts…

With the deadline of 2015

around the corner, can you meet the

MDGs target?

We probably would have gone a lot further than

we have now if we had paid attention from the word

go in 2000. But really the emphasis on tending

towards achieving the MDGs did not really take off

before 2005, where we really put them into the

budget, then we focused on it and we got the debt

relief. I think the 2015 goal is attainable. What makes

it difficult is that we are Federal system, three tiers of

government for which we don’t have absolute control

over constitutional responsibilities of states and local

HowLegislaturehelps usmeetmillenniumdevelopmentgoals

I n t e r v i e w

Mrs. Amina Mohammed Az-Zubair

Continued on next page


government. And yet the MDGs are states’ and

local governments’ responsibilities. That is not

only where they would be achieved, but where

investments need to be made and sustained.

So, it is much more complex in trying to

achieve them; it is not as though if we just

spend the debt relief or spend some money we

will get them, No! But, I think if we can en-

hance that and scale up what has happened

over the last three years when the three tiers

have come together, under an initiative we put

in place to leverage funding, we can reach the

MDGs.

How are the MDGs funded?

The MDGs office money comes from debt relief

gain. What that means is that when we got the debt

relief, we made a saving. It is not money that was

given to us in touch and feel. It is a saving that we

made. So instead of just sort of melting into the

budget, we decided that let us put it as a line item: set

it aside in a virtual poverty fund and dedicate it

towards MDGs related events that will increase and

leverage our ability to get the MDGs, and so it comes

totally from that. We save about a billion dollars a

year, where we would have been paying off in interest

and others, but of that $1bn, 75% of it is what the

Federal Government owed, the 25% is what the states

owed.

How do you spend the funds for the projects?

What is important is first, the monies we are

talking about go through an appropriation at the

Federal level. Secondly, we use our ministries, depart-

ments and agencies as the vehicle for implementation,

so this office doesn’t implement per se, there is an

exception and I will explain that later. Because, that is

part of the challenges we have faced in the last four

years. What is very clear here is that, when you have

an entity that is responsible for specific objectives it is

important not to go and do it for them. It is important

to try to leverage and ensure that your money is used

to influence and to fast track and to take towards that

object and the deliverables that we want.

What can you point out, precisely as the main

achievement of your agency so far?

I think the major one is when I look at Goal 8 and

it says, ‘partnership’ and we think straight away

developed and developing country; for me, the success

is the partnership in Nigeria between the three tiers of

government, particularly the Federal and the States,

that is one big achievement. Not only had government

are part of this and are implementing MDG related

programmes, they have also brought 50% to the table.

So the debt relief has leveraged another 50% on a

conditional grant, which doubled our money in that

case. So that to me is a big achievement. I think the

other achievement is that people are holding govern-

ment and certainly holding us accountable for achiev-

ing the MDG.

How is the relationship between your office

and the National Assembly?

When we look at the partnership and success

between the Federal and State, I’ll also say another

partnership that this office had worked hard at and

have had a measure of success is between us and the

executive and the legislative. I mean I have two com-

mittees, the House Committee on the MDGs and the

Senate Ad-Hoc Committee on MDGs; and both we

work very well. In fact, House Committee on MDGs is

chairing the African Parliamentary group; the only

parliament that has an MDG resource centre within

the parliament; so we have a lot of credit to what is

being able to partner and to help legislatures under-

stand development, to help us appropriate more.

These are some of the successes, I think we are

eventually finding the reason why we should come

together to work with one objective and we can make

it work.

What of partnership with the private sector?

When we talk about the poverty goal, it’s really

about the economy, and the economy is much about

the private sector. Without the private sector being the

I n t e r v i e w


Continued on next page

The 8 Goals

Goal 1: Eradicate extreme poverty and hunger

Goal 2: Achieve universal primary education

Goal 3: Promote gender equality and empower women

Goal 4: Reduce child mortality

Goal 5: Improve maternal health

Goal 6: Combat HIV/AIDS, malaria,and other diseases

Goal 7: Ensure environmental sustainability

Goal 8: Develop a global partnership for development


engine of growth, we are not going to get anywhere,

but we have to have growth with equity, we have to

have growth that means something to the poor man.

Recently we have been speaking with the private

sector to see how can they come in and manage

better some of the investments that we want to make

in areas that have economic activities; agriculture, for

example. How do they put in place facilities that are

available to grow that sector and to make it available

at the local level? How do we really think about 774

local governments as economic centres? Not just

where poor people live, but that we invest to make

that work. To claim that you are going to reach every

Nigerian in every nook and cranny of this country is

really not economically viable. What is viable, is to

give them an opportunity to come to these economic

centres and make a living .

How much has been spent on MDGs since the

programme started?

What we had appropriated over the last four years

started from a hundred billion naira in 2006. Thereaf-

ter, about N110billion every year including 2009.

Expenditure in the beginning was extremely slow; in

fact we have to return some of those resources. Over

the period, about N430 billion that we receive, we can

say about two-third, just about 75% had been ex-

pended. We’ve got a monitoring and evaluation report

on 2006 and 2007. The story there is really one of the

challenges we had, so when you look at it from

hindsight, those lessons are what if somebody was to

look at it from the media will say ok, but will also read

it with the kind of strategy that we used to remedy

what the downside was in the reporting of 2006 and

2007, because we are already in 2010 now. We are

trying to get the Monitoring and Evaluation of 2008

and 2009 which will tell a much better story. But

what 06 and 07 was is really shows you the chal-

lenges that we had, and some of the failing of the

system then and what we’ve done now is to say we’ve

improved it by having different strategy like the

conditional grants to states but not just going to the

ministry. We no longer do rural electrification; we no

longer do rural water from this level. We do them

within the grant. So, we left a lot of things that were

not working. It’s not like they don’t happen we find a

different vehicle, a sharper vehicle to get to people at

the lower level. So that’s about what we’ve done now,

but we’ve leveraged an additional amount to the states

from the conditional grant. Its two years now that

they’ve been doing 50-50 for us, and that’s an addi-

tional, and I think in both case its probably around

N50billion additional from states towards the MDGs.

We will need a rising scale I suppose so, in 2007. We

started by needing N2 trillion to an average of N4

trillion per annum. Now that’s not Federal expenditure

alone, that’s a collective income that will come from

government, households and government’s three tiers

and some of what the private sector pay, and people as

a household you and I pay to the MDGs from our

pockets without government doing so; there is a

funding gap and that’s why we call the international

community to, and that’s the global compact.

On lighter mood. We are aware that you re-

jected some appointments in the past including

ministerial positions and your association with

activists. What are reasons for those…?

… (Cut) You know, for me, it’s Nigeria first and

anybody who says that he is an activist, if you put

your country first, then you are an activist. I do come

from that kind of a background; I was in the private

sector and then, civil society for education-for-all. I

don’t think it’s a reject of the ministerial appoint-

ment. It is a great honour to be thought of as being

capable of becoming a minister, but I think at that

time a number of things came to play. First, this was a

new assignment which was only just getting rooted

and so to abandon it and do something else, I think is

probably irresponsible. And my commitment really

was to poor people and to make a difference in the

lives of my own fellow Nigerians and that is really what

I live for, that is how can I make a difference, the

quality of my life has been better for that. I saw it that

way. I also saw that ministerial has a lot of burden

upon family life and I think that is something at that

particular time with nine months to go in that particu-

lar administration I was better in the job that I had

and also greatly honoured to be in this job because

this is a privilege. It’s hard work but it’s a privilege.

How often does someone actually get the resources

and opportunity to come and make a difference?

Source: Economic Confidential

(www.economicconfidential.com)


I n t e r v i e w

Another partnership that this office had worked hardat and has had a measure of success is between usand the executive and the legislative... We have a lotof credit to what is being able to partner and to help

legislatures understand development, to help usappropriate more.


F o r t h e R e c o r d s

About 38 media practitioners from the

print and broadcast sectors and

representatives of civil society organi-

sations participated in a one-day

“Capacity Building Workshop on the

NEITI Process for the Media”. The

workshop held at the Lagos Airport

Hotel in Ikeja on Tuesday, December

1, 2009, was organised by the Civil

Society Legislative Advocacy Centre

(CISLAC) with support from Oxfam Novib.

Oxfam Novib, a member of Oxfam

International, is fighting for a just world

without poverty, together with people,

organisations, businesses and govern-

ments. This is usually achieved through

projects and lobby, both at the local and the

international levels, because poverty and

injustice are global problems arising from

unjust economic and political relationships.

Nigeria was the first country to commit

itself to the Extractives Industries Transpar-

ency Initiative (EITI) through the passing of

the Nigerian EITI (NEITI) Act. Civil society

groups were closely involved in the process

and the need for the involvement of the

media to properly understand the NEITI

processes cannot be over-emphasised,

hence the need for capacity building of

media practitioners.

The workshop was part of a series of

activities aimed at empowering the media

community and civil society to better

understand and engage the Nigeria

Extractive Industries Transparency Initiative

(NEITI) processes. Specifically, the

objectives of the workshop were to build

the capacity of Nigerian media practitioners

to engage the NEITI process. This in-

cludes: To enhance the understanding of

media practitioners on the NEITI 2005

Audit Report; and to develop a Media

Action work plan for engaging the NEITI

Process.

The Executive Director of CISLAC, Mr.

Auwal Musa (Rafsanjani), delivered a

welcome address at the workshop while

presentations were made on various topics

by Mr. Sam Odiba, an accountant and

independent consultant; Mr. Edetaen Ojo,

Executive Director of Media Rights Agenda

(MRA); Mr. Weneso Orogun, an Economist

and ThisDay newspaper’s Editor-at-Large;

validated, the media and the people should

be better sensitised on the process. They

suggested that the validation process

should be a truly interactive country

level engagement.

√The participants acknowledged

the duty placed on the media by

section 22 of the 1999 Constitution to

uphold the responsibility and account-

ability of the government for the efficient

and equitable management of the nation’s

resources.

√They noted that the media is critical

for the effectiveness and success of the

NEITI process and committed themselves

to improving their capacity to cover the

process by increasing their knowledge and

understanding of the issues. They also

called for more training and sensitisation

activities for media practitioners, including

editors and media managers.

√The participants called on the media

to be proactive in monitoring the NEITI

process rather than uncritically reporting

statements by government officials. The

media should constantly and consistently

focus attention on the irregularities

identified by the audit reports, in addition to

empowering and mobilising the wider

society to take collective action to bring

about transparency and accountability in

the extractive sector. Greater public

sensitisation activities about the NEITI

should also be undertaken to ensure public

awareness and capacity to monitor the

process.

√They observed that the access to

information regime instituted by the NEITI

Act was in adequate to ensure transpar-

ency in process and called for the urgent

passage of a comprehensive Freedom of

Information Law to enable the media and

the larger society have effective oversight

of the process and other issues of govern-

ance.

Signed:

Auwal Musa Rafsanjani,

Executive Director of CISLAC

Mr. Edetaen Ojo,

Executive Director of Media Rights Agenda

(MRA)

CapacityBuilding on theNEITI Processfor the Media

Ms Faith Nwadishi, National Coordinator of

Publish What You Pay (PWYP) Nigeria and

Executive Director of Immalah Foundation.

Following the presentations and

discussions at the meeting, the participants

thereby adopted the following communiqué:

√Participants noted that Nigeria had

received a lot of commendations for being

the first country in Africa to institutionalise

the EITI process by legislation, but

observed that despite the progress made in

the formal processes, it had not translated

into significant improvements in the lives of

the people because of imperfections in the

implementation of the EITI framework.

√Participants expressed concern about

the lack of implementation of the recom-

mendations of the 1999 to 2004 and the

2005 audit reports of the oil and gas sector

commissioned by NEITI.

√They suggested that if the process

audits being commissioned by the NEITI

Secretariat are to make any difference,

NEITI should “name and shame” as well as

apply the sanctions stipulated in the NEITI

on companies, government agencies and

officials that refuse to cooperate in the

audit processes or that have been indicted

in the audit reports.

√The participants expressed serious

concern about the lack of capacity on the

part of government regulatory agencies

such as the Department for Petroleum

Resources (DPR), including lack of

appropriate equipment, absence of

technically competent and skilled person-

nel, to monitor extractive industry compa-

nies and called on the government to take

urgent steps to remedy the situation.

√They observed that for Nigeria to be


A one-day validation meeting for CSOs on

the 2005 NEITI Audit report on the oil

and gas sector organised by the Civil Soci-

ety Legislative Advocacy Centre (CISLAC),

with support from Oxfam Novib, held at Bol-

ton White Hotel, Abuja, on December 11,

2009.

The event, attended by more than 20 civil

society actors working on transparency in the

extractive industries, the media and other

stakeholders, was led by a presentation en-

titled, “The 2005 NEITI Oil and gas audit re-

port: Matters arising”, by Dr. Sofiri Joab-

Peterside, Associate Research Fellow and

Acting Executive Director, Centre for Ad-

vanced Social science (CASS), Port

Harcourt.

Mr. Auwal Musa Rafsanjani, Executive Di-

rector of CISLAC, in a message to the occa-

sion, said the event was designed to attract

CSOs views on the most recent NEITI audit

report. He was represented by Ms. Naomi

Goyo, a Programme Officer with CISLAC.

OBSERVATIONS

After exhaustive discussion on the analy-

sis, questions, comments and comparison

with the 1999–2004 NEITI audit report, par-

ticipants made the following observations:

1. There is no serious effort on the side

of government to correct the loopholes dis-

covered by the auditors in the 1999 – 2004

report;

2. The oil and gas sector, as reported

in the 2005 audit report, witnessed corrup-

tion, inadequate manpower, and reliance on

foreign technologies;

3. Certain officials in the DPR and

NNPC continue to frustrate government ef-

forts to ensure the success of the Turn Around

Maintenance (TAM) contracts of the country’s

four refineries;

4. The CSOs working on transparency

and accountability in the extractive industries

do not have requisite skills to properly over-

sight the sector;

5. Discrepancies in the information col-

lated by relevant government agencies in the

sector continue to exist, even as such agen-

cies lack necessary legal and technical skills

to report on the sector;

6. There is no adequate information on

the financial commitment of the NEITI secre-

tariat to cooperate with the CSOs in its ac-

tivities;

7. Just like in the 1999-2004 audit re-

port, government agencies continue to rely

on extractive companies to provide informa-

tion on their operations;

8. In spite of the ongoing road show by

the NEITI secretariat on the extractive indus-

tries, most of the people do not understand

the value of the audit reports because they

are too technical.

RECOMMENDATIONS

Participants who expressed frustration

with the situation in the country’s oil and gas

sector, made the following recommendations

if the government must meet the requirement

for an EITI compliant country.

1. The NEITI should, without further de-

lay, give out contract for the audit of the 2006,

2007 and 2008 operations of the oil and gas

sector. This should be concluded before the

EITI validation exercise in March 2010, while

their outcomes should be simplified and mas-

sively circulated.

2. Government should urgently enforce

remediation in all the lapses recorded in the

1999-2004 and 2005 audit reports; expose

all officials involved in corrupt practices and

sanction them accordingly.

3. The CSOs should intensify campaign

for funding to enable them get necessary

skills to oversight the physical, financial and

process involvement of both extractive com-

panies and government agencies.

4. There is the need for such govern-

ment agencies as Federal Inland Revenue

Service (FIRS), Office of the Accountant-

General of the Federation and DPR, to har-

monise their functions towards effective and

efficient performance and reliable exchange

of information.

5. The NEITI secretariat should ensure

that the CSOs representative on the National

Stakeholders’ Working Group (NSWG) is

elected by organisations working on trans-

parency in the extractive industries. This will

ensure independent monitoring of the sector

by CSOs, without pressure from government

officials. This would be calling for the review

of the NEITI Act.

6. The NEITI secretariat should make

public its budgetary commitment to its en-

gagement with the CSOs. This will encour-

age the CSOs to have greater confidence in

the process and promote openness in the

engagement as well as increase their capac-

ity to participate in the NEITI processes.

7. The NEITI secretariat and CSOs

should embark on immediate simplification,

translation into local languages and massive

circulation of the audit reports and other proc-

esses in the sector. This will raise public

awareness, create ownership of the process

by extractive communities and other

stakeholders and increase openness on the

sector.

CONCLUSION

Participants commended CISLAC and

Oxfam-Novib for the forum, and called for

more of regular consultations on the process

to make both the government and extractive

industries live up to expectation.

Signed:

Auwal Musa Rafsanjani,

Executive Director of CISLAC

Faith Nwadishi

Chairperson

Publish What You Pay, Nigeria

Communiqué Issued at One-day ValidationMeeting For CSOs Analysis Report on theNEITI 2005 Oil And Gas Audit Report

F o r t h e R e c o r d s


Current Bills

S/N Bill No Bill Name Year Stage

1 SB 123 National Institute for Educational Planning and Administration (NIEPA) Bill 2010

2010 Third Reading

2 SB 180 A bill for an act to establish the Nigerian

agricultural quarantine service and matters connected therewith 2010

2010 Second

Reading

3 SB 100 Report of the Committee on Ad-Hoc Committee on the Financial Report Council

Bill, 2009

2009 Third reading

4 SB 303 A Bill for an Act to Amend the Copyright

Act CAP C28 LFN 2004 for the Purposes

of Making Provisions for Technological

Measures in Protecting Copyright and for

Other related Matters, 2010

2010 Second

reading

5 SB 73 Report of the committee on Judiciary,

Human Rights and Legal Matters on the

National Human Rights Commission Act (Amendment) Bill, 2009

2009 Third reading

6 SB 178 A Bill for an Act to Repeal and Re-enact

the National Agricultural Seeds Council Act 1992 and for Other Related Matters, 2002

2009 Second

reading

7 SB 323 A Bill for an Act to Establish the National Institute of Hospitality and Tourism, 2010

2010 Second

reading

8 SB 227 A Bill for an Act to provide for the

Registration of Mobile Phone Subscribers by every Mobile Phone Service Provider in

the Federation in Order to ensure

Responsible Usage of any Mobile Number

and Services by the Respective Owners, and

Prevent the occurrence of Certain Abuses of Such Services by the Subscribers Thereof,

and for Other Matters Connected

Therewith, 2010

2010 Second

reading

9 SB 299 A Bill for an Act to Establish the Federal

Scholarship Commission and for Matters

Connected Therewith, 2010

2010 Second reading

10 SB 266 A Bill for an Act to Amend the Code of

Conduct Bureau and Tribunal Act CAP 15

LFN 2004 and for Other Matters Connected

Therewith 2009

2009 Second

reading

Documents

Yar’Adua: What the Constitution Missed - … · Yar’Adua: What the Constitution Missed Can Chukwumerije’ s ... Legislative Digest Vol. 5 No. 1, Janaury 2010 T he essential ingredient