Yusuph Olaniyonu
Next Thursday, June 9 will be the first
anniversary of the 8th Senate. This is therefore a good period to
critically examine the performance of the Upper Chamber of the federal
legislature. There have been attempts by some people to define the
narrative of the performance based on the initial controversy arising
from the politics of the emergence of its leadership. However, it is
clear that this Senate has more going for it beyond politics.
Early enough, members had settled down
to business of defining how the law making chamber can be relevant and
serve the interests of the constituents. Led by an experienced and
brilliant public officer, Dr. Abubakar Bukola Saraki, it was clear to
the lawmakers since their inauguration that the major challenges facing
the country are youth unemployment, security problems, particularly
insurgency in the North-east zone and pervading corruption which has
eroded the confidence of the international community in Nigeria.
The senators were quick to realise that
their relevance would be determined by the ability of the institution
to contribute to the resolution of the identified problems. Also, they
understood that they could only make themselves relevant by tackling
issues that had to do with people’s general welfare. Knowing that the
economy is the sub-structure of the polity and in fact a key to solving
some of the other challenges facing the country, they decided that
legislations, oversights and advocacy that have to do with economic
revival, revitalising businesses and creating employment should be given
priority.
To achieve this, they engaged a team
of experts from the World Bank Group, Department for International
Development, the private sector, professional bodies like the Nigeria
Bar Association (NBA), the academia and others. The task assigned to the
experts was to identify existing laws that needed to be reviewed and
amended to bring them up to global standards, old laws that should be
repealed and new legislations that required enactment, all in a bid to
help the economy grow.
The main concern here is the poor rating
Nigeria continues to get annually in the World Bank Ease of Doing
Business Assessment Report. At least, it is a fact that investors will
not go to a place where they cannot easily establish and operate their
businesses at a profit. Also, the prevailing condition will kill big and
small scale local entrepreneurs. And without these investments,
employment cannot be created, the economy cannot grow and government
will not get money from other sources beyond oil whose price had
continued to be on a downward slope.
The experts in their reports have
identified 54 laws which need immediate attention to achieve the aim of
making it easy for investors to establish and operate businesses in
Nigeria. Their recommendations were later subjected to further debate
and analysis through a business roundtable dialogue with stakeholders in
public and private sectors.
The senate has started acting on the
168-page report. First, the recommendations formed the core of the
Legislative Agenda which, though yet to be publicly launched, is already
being implemented. Second, the legislations recommended for review are
now in various stages of law making process.
As at today, the Senate has passed the
Electronic Transaction Law 2015 and Bankruptcy and Insolvency Law 2015.
The new Railways Act which will enable the private sector invest and
participate in running a vibrant railways sector is in the last stage
before being passed. It is gladdening that the 8th Senate is the one
reviewing the almost a century old Railway Act. In fact, if not for the
decision to constitute a committee of experts to review the work of the
Senate committee on Land Transportation and help straighten the
technical aspects, the Railway Act would have been passed.
The Senate has equally commenced the
review of the Public Procurement Act to make it compulsory for
government to patronise local manufacturers, except in cases where the
needed goods and services are not locally available. The objective here
is to ensure that a substantial percentage of the N6trn 2016 national
budget is retained in the local economy and put in the pockets of
Nigerians. This, according to the lawmakers, is the best way to achieve
wealth creation, increase the Gross Domestic Product, encourage local
industries to grow and stimulate increased productivity among Nigerians.
It is also an ingenuous way of creating mass employment. With this
move, the eighth Senate must be drawing inspiration from other developed
economies that had done a similar thing. US enacted a similar
legislation around 1922 with the Buy America policy promoted by the
Herbert Hoover administration. China, South Africa and other countries
also have related laws.
The deliberate efforts to promote Made
in Nigeria goods have been backed with practical demonstrations by the
Senate President, Dr. Bukola Saraki and other senators like Ben Murray
Bruce, Enyinaya Abaribe, Theodore Orji and others who are now
ambassadors of Made in Nigeria goods. With all these carefully planned
and inter-linked measures, one can see that there is a system, process
and method to the way the present Senate is doing its work.
Still on the economic revival plan, the
Senate has revived the long-pending Petroleum Industry Bill and the plan
is to break the old bill into several workable, practical and
functional laws so that the various issues involved can be tackled at
different times. It is calculated that the logjam around this bill can
be resolved if the Senate, for example, takes the first step of enacting
into law the aspects that are not contentious and where national
consensus has been achieved. These non-contentious codified aspects can
immediately be deployed to effect the much needed reforms in the sector.
The lawmakers can later proceed to work on the contentious areas
through different bills. This is considered a more realistic approach,
instead of having a humongous, all-purpose bill, which will continue to
be bogged down by divergent interests. The first bill from the original
PIB is now at the second reading stage.
The PIB is one of the 167 bills that
have passed first reading stage. Thirty nine others are in the Second
Reading stage and six others are in the final stage of passage, which is
the third reading. The reasoning of the Saraki-led Senate is that the
earlier the chamber focuses on bills that will transform the national
economy, curb youth unemployment, eliminate insecurity and other social
malaise and institutionalise social justice, the better for us all. This
will prevent a situation where the senators will desperately resort to
rushing bills with little legislative value at the twilight period of
their tenure as it happened in the past.
As part of its contributions to the
economic revival agenda of government, the Senate has also expressed its
commitment to frugal management of the meagre resources now available
to the government after the drastic fall in the price of oil. It is
reasoned that if the government can block the loopholes in its finances,
diversify the source of revenue, be frugal and innovative in its
spendings, Nigeria could convert the present economic downturn to
advantage. That is why motions and resolutions in the Upper Legislative
Chamber are focussing on areas where government is losing revenue.
Two instances readily come to mind here.
Through a motion raised on the floor, the Senate investigated and found
out that in the operation of the Treasury Single Account, government
had lost more than N20bn and would lose more if the contract with the
company charged with the collection was not terminated. In a well-
argued, revealing submission, it called on the executive to discontinue
the transaction.
In another investigation arising from a
motion, Senate discovered that the government had been duped of over
N400bn through wrong application of the Duty Waivers policy. It has
since directed that the culprits be made to cough out what they
wrongfully got.
Another area where this Senate has
exerted a lot of energy with a view to providing service to the people
is in the area of restoration of peace in the North-East zone which had
been devastated by the activities of Boko Haram. Not only did the Senate
continue to call for briefing from security agencies and also
intervening at every necessary point to ensure that the armed forces get
the necessary funding and moral encouragement to restore peace in the
area, the Senate has championed early commencement of rehabilitation,
rebuilding and resettlement of the people in the area.
Last year, the principal officers made
the first ever fact-finding visit by the federal legislature to the
areas since the insurgency started over a decade ago. During the visit,
the Senate also made financial donations to the upkeep of the Internally
Displaced Persons.
The visit led to the consideration of a
bill to establish the North-East Development Commission which may be
passed into law next Thursday. The lawmakers had earlier passed a
resolution on the establishment of a Presidential Committee on the
rehabilitation of the people who are presently in the various Internally
Displaced Persons camps. Again, the leadership has continually rallied
international support for the rehabilitation and war efforts in the
area. Not only has the Senate President made the issue of international
assistance for restoration of peace and rehabilitation of people in the
North East a recurrent issue in all his international speaking
engagements, he repeatedly canvassed these issues when he meets with
diplomats and development partners who are frequently on courtesy visits
to his office.
Also, when the forex policy of the CBN
became suffocating for small scale manufacturers that require foreign
components to keep running their operations, the Senate invited the CBN
governor and the discussion with the apex bank alongside pressure
mounted by other bodies led to the review of the policy to allow easier
access to forex by genuine businesses.
The Senate has consistently discussed
motions, pass resolutions and consider laws which have direct impact on
the lives of the people. For example, it has expressed concern about
the growing rate of kidnapping, rape and brutality to children in the
country. Now, there is a pending bill aimed at making kidnapping a
capital offence. Senators are also considering laws that will protect
women against sexual assault. The proposed law against sexual
molestation or harassment of female students by randy lecturers and
others in higher institutions of learning has gone to committee stage.
The Senate has also intensified the campaign to ensure that all state
Houses of Assembly adopt and enact the Child Rights Law in their
respective states. It has investigated and is still investigating
several cases of child abuse.
One other way through which the Upper
chamber has continued to serve our people is through investigations of
petitions and public complaints submitted by ordinary people through
their respective senators. Through these petitions, many aggrieved
persons have got reprieve, without having to spend a kobo on legal fees.
A case in point was that of a policeman in Lagos wrongfully dismissed
25 years ago but who has now been reinstated after the Senate Committee
on Ethics and Public Petitions investigated his case and found out that
injustice had been meted to him. As at today, 162 petitions have been
submitted, 32 already dealt with conclusively and 82 under
consideration. The rest were found to lack merit, probably because they
are subject of litigation or that the committee found out the claims
were frivolous.
Also, to demonstrate support for the
anti-corruption war by the Federal Government, the 8th Senate has
equally engaged with anti-corruption agencies like the EFCC, ICPC, CCB
and the rest on how to improve their efficiency through a review of
their enabling laws as well as provision of more funds for them to
procure necessary facilities and train their officers.
By giving priority to laws and issues
that affect the economy, the present Senate has defined its own focus.
And if they can record appreciable success in these areas, they would
have helped to solve a large percentage of the problems threatening the
existence of the country. They would also have helped to reposition the
country for achieving greatness and serving the interests of Nigerians.
- Olaniyonu is Special Adviser to The Senate President
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