As the 8th National Assembly winds up, EZREL TABIOWO takes inventory of bills passed by the Senate under the leadership of Senator Bukola Saraki.
Since Nigeria’s return to democratic rule in 1999, the 8th National Assembly carved its name in history as one that passed the highest number of bills. Also, under its lifespan, it recorded the highest number of legislations assented to by President Muhammadu Buhari.
Landmark bills of the 8th Senate
Among the numerous bills passed by the 8th senate and signed into law by President Buhari, some pieces of legislations stand out remarkably because of the likely impact that could be achieved from their passage into law.
‘Not- too- Young- to- Run bill’
The ‘Not-too-young-to-run bill’ was passed by the National Assembly last year to alter Sections 65,106,132,177 of the 1999 constitution as amended. The law relaxes some of the stringent and discriminatory provisions of the constitution.
It reduced the age qualification for president from 40 to 30, governor from 35 to 30, senator from 35 to 30, House of Representatives membership from 30 to 25 and state House of Assembly from 30 to 25.
Police Reform
The Nigerian senate on April 17, 2019 passed the Police Reform Bill. This followed the presentation of a report by Senator Tijjani Kaura, the chairman, Senate Committee on Police Affairs and clause-by-clause consideration of the bill. This was sequel to:
A bill for an act to repeal the police Act, 2004 and to enact the Nigeria police Act 2019 to provide for the framework of the police service and ensure cooperation and partnership between the police and the communities in maintaining peace and combating crime”.
The bill amidst seeking re-positioning of the Nigeria Police Force (NPF), recommended a five-year statutory tenure for any police officer appointed as the Inspector-General of Police (IG).
The bill also seeks to ensure such appointment is subjected to confirmation of the senate as it applies to all service chiefs, Chief Justice of Nigeria (CJN), ministers, ambassadors, heads of statutory commissions and agencies.
However, it is conditional: “Provided that the Nigeria Police Council shall nominate three applicants for the position of an IG to the president for appointment.”
The bill also provides internal disciplinary mechanism such as ‘any police officer who maltreats or kills an innocent citizen’. Similarly, a two-year jail term or N5 million fine is stipulated as punishment for any impersonator as police officer.
It should be noted that the name “Nigeria Police Force (NPF) is retained in the bill since ‘Force’ is captured in the 1999 constitution.
NEDC Act
The senate on October 20, 2016, passed the North-East Development Commission bill which empowers the federal government to set up a commission to rebuild the region, following its devastation by Boko Haram insurgents.
With the passage and signing of the bill into law, states in the North-east where insurgents have engaged in wanton destruction of property and massive killing of people would enjoy three percent of the federation’s value added tax, VAT, as funding for a period of ten years.
The commission shall establish and maintain a fund from which shall defrayed all cost incurred by the commission.
The NEDC Act provides that: “There shall be a fund established pursuant to sub- clause (1) of this clause- (a) from the federal government, the equivalent of 15 percent of the total monthly statutory allocations due to member states of the commission from the Federation Account; this being the contribution of the federal government to the commission; (b) 3 percent of the total annual budget of any solid mineral extracting mining company operating in the North-east states, including agricultural processing companies.
“50 percent of monies due of member states of the commission from the Ecological Fund; such monies as may from time to time be granted or lent to or deposited with the commission by the federal or a state government, any other body or institution, whether local or foreign.”
Though contribution of 50 percent of what accrues to the member states of the North-east was recommended, it was seen as too ambitious and 25 percent was approved.
The senate also removed the initial 15 percent from the bill because the National Assembly cannot through legislation, arbitrarily reduce percentage of money going to states without due consultation and agreement of the states.
NFIU Act
The senate in March 2018 passed a bill to establish the Nigerian Financial Intelligence Unit (NFIU) as an independent entity from the Economic and Financial Crimes Commission (EFCC).
The establishment of the NFIU stems from the requirements of recommendation 29 of the Financial Action Task Force Standards and Article 14 of the United Nations Convention Against Corruption.
The NFIU is empowered to receive currency transactions reports, suspicious transactions reports, currency declaration reports, and other information relating to money laundering and terrorist financing activities from financial institutions and designated non-financial institutions.
The agency will also receive reports on the cross-border movement of currency and monetary instruments, maintain comprehensive financial intelligence database for information collection, analysis and exchange with counterpart FIUs and law enforcement agencies around the world.
PIGB, education bill, power sector reform act
Other landmark bills passed by the senate were the Petroleum Industry Governance bill, education bill 2019, Power Sector Reform Act Amendment bill, among others. These bills, if signed into law by President Muhammadu Buhari, would boost major reforms in the power, petroleum and education sectors, respectively.
Bills passed in 2015
Among some of the 287 bills passed so far by the senate between June 2015 and May 2019 were the Nigerian Railway Bill 2015, Bankruptcy and Insolvency Act CAP B2 LFN 2011 (Repeal and Re-enactment) 2015, National Institute for Cancer Research and Treatment (est, etc.) bill 2015, Forestry Research Institute of Nigeria (est., etc.) bill 2015, Electronic Transaction bill 2015, Agriculture Credit Guarantee Scheme Act (Amendment) bill 2015, Commercial Agriculture Credit Scheme (Est., etc.) bill, 2015, Discrimination Against Persons with Disabilities (Prohibition) bill 2015 and National Poverty Eradication Commission (Est., etc.) bill 2015.
Others were, the North East Development Commission (NEDC) (Est., etc.) bill 2015, Erosion Control and Prevention Commission (Est., etc.) bill, 2015, Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous provision) Amendment bill 2015, Federal University of Petroleum Resources Effurun (Est, etc) bill 2015, Food Security bill 2015, Nigerian Agricultural Quarantine Service (Establishment, etc) bill 2015, Environmental Managers Registration Council of Nigeria (Establishment, etc) bill 2015, Nigeria Institute of Soil Science (Establishment, etc) bill 2015, Nigeria Football Federation (Establishment, etc) bill 2015, National Sports Commission (Establishment, etc) bill 2015, Federal Competition and Consumer Protection Bill 2015, Witness Protection Programme bill 2015,
Defence Space Agency (Establishment, etc) bill 2015, High Court of the Federal Capital Territory Abuja (Amendment) bill 2015, Air Force Institute of Technology (Establishment, etc) bill 2015 and Credit Bureau Reporting bill 2015.
Bill passed in 2016
Passed in 2016 in this category were, the Federal Roads Authority (Establishment, etc) bill 2016, National Assembly Budget and Research Office (Establishment, etc) bill 2016, Mutual Assistance in Criminal Matters bill 2016, National Lottery Act 2005 (Amendment) bill 2016, Electoral Act №6 2010 (Amendment) bill 2016, Public Procurement Act (Amendment) bill 2016, Petroleum Industry Governance bill 2016, National Inland Waterways Act Cap N47 LFN 2004 (Repeal and Re-enactment) bill 2016, Nigerian Ports and Harbours Authority Act (Amendment) bill 2016, JAMB Act (Amendment) bill 2016, Nigerian Customs Service bill 2016 and Nigerian Customs Service Act (Repeal and Re-enacment) bill 2016, Warehouse Receipts bill 2016, Secured Transactions in Movable Assets bill 2016, Sexual Harassment in Tertiary Educational Institution bill 2016, Federal University of Wukari (Establishment, etc) bill 2016,
Maritime University of Nigeria, Okerenkoko (Establishment, etc) bill 2016 and Compulsory, Free Universal Basic Education Act 2004 (Amendment) bill 2016 and Universal Basic Education Act 2003 (Amendment) bill 2016.
Bills passed in 2017
Passed in 2017 in this category were, the National Open University of Nigeria Act (Amendment) bill 2017, Nigerian Peace Corps (Establishment, etc) bill 2015 and the National Unity and Peace Corps (Establishment, etc) bill 2015, Federal University of Maritime Studies, Oron bill, 2017, National Institute for Legislative Studies Act (Amendment) bill 2017, National Research and Innovation (Est, etc.) bill, 2017, Nigeria Financial Intelligence Agency (Est, etc) bill, 2017, Institute of Chartered Biochemist and Molecular Biologist bill, 2016, Whistle Blowers Protection bill 2015, Abduction, Wrongful Restraints and Wrongful Confinement for Ransom bill 2017,
Prohibition and Protection of persons from lynching, mob action and Extra Judicial Executions bill, 2017, Nigerian Tourism Development Corporation Act (Repeal and Re-enactment) bill 2017, Hydroelectric Power Producing Area Development Commission (Amendment) bill 2015, Chartered Institute of Entrepreneurs (est., etc) bill 2015, Chartered Institute of Capital Market Registrars bill 2017, Presidential Inauguration bill 2016,
National Institute for Hospitality and Tourism (Establishment, etc) bill 2016, Federal University of Agriculture Kaaba (Establishment, etc) bill 2016, Federal Colleges of Education Act (Amendment) bill 2017, Niger Delta Development Commission (Amendment) bill 2017, Nigeria Arabic Language Village, Ngala (Establishment, etc) bill, 2017, Nigeria French Language Village, Badagry (est., etc) bill, 2017 and Demutualization bill, 2017.
Bills passed in 2018
Passed in 2018 were the Revised Edition (Laws of the Federation of Nigeria) bill, 2018, Arbitration and Conciliation act cap A18 LFN 2004(Repeal and re-enactment) bill 2018, Emergency Powers (Repeal and re-enactment) bill, 2018, Federal University Gashua (establishment, etc) bill, 2018 (SB459), National Transport Commission (Est., etc) bill, 2018 (SB. 242), Real Estate (Regulation and Development) bill, 2018 (SB. 216), River Basin Development Act cap R9LFN2004 (Amendment) bill, 2018(SB. 358), National centre for disease control prevention (establishment, etc) bill, 2018 (SB. 256), Industrial Development (Income Tax Relief) Act (Amendment) bill, Chartered Institute of Directors of Nigeria (Est., etc.) bill 2018, Chartered Polymer Institute of Nigeria (est., etc.) bill, 2018 (SB396), Companies and Allied Matters bill, 2018 (SB. 355), Federal Polytechnics Act (amendment) bill, 2018 (SB241), Federal University of Health Sciences Otukpo (Est., etc) bill, 2018 (SB. 504).
Even in 2019, the number of bills already passed by the Senate and by extension, the House of Representatives aside the N30,000 minimum wage bill which has been assented to, by President Muhammadu Buhari and the Appropriation Bill, not less than thirteen bills had been passed already.
The Senate President, Bukola Saraki in a statement issued on Monday, April 22, 2019 said: “This senate has surpassed the records of all previous senate in the number of bills passed, the significance of these bills to the revival of the economy, the fight against insecurity and corruption, improvement in the provision of health service and the education sector, as well as better social service delivery to the generality of the people.
“The bills passed, motions moved, intervention made and frequent engagements with the people, were all directed towards addressing the day to day issues that affect the lives of the ordinary Nigerians. This senate has passed 282 bills (the highest any Senate had passed is 129 bills recorded by the 5th Senate), among which is the Mutual Assistance in Criminal Matters Act, Public Procurement Act (amendment) bill, Petroleum Industry Governance bill, Electoral Act (amendment) bill, Police Reform bill, Police Trust Fund bill.
Nigeria Railways Authority bill, Company and Allied Matters Act (amendment) bill, Secured Credit Transactions Act, Whistleblowers Protection bill, constitution amendment bills, Discrimination Against Persons With Disability bill, Electronic Transaction bill, Bankruptcy and Insolvency Act, North East Development Commission (NEDC) Act, Witness Protection Programme bill, Credit Bureau Reporting bill, Sexual Harassment in Tertiary Educational Institution bill, and Compulsory Treatment and Care of Victims of Gunshots bill, National Financial Intelligence Agency Act, Federal Audit Services Commission bill, among others.
“Most of the bills listed above got international and national endorsement from stakeholders who lauded the Senate for the move. For example, the Financial Intelligence Database Agency (Ultrascan) commended the Senate for passing the NFIU Act which enabled the country to be re-admitted into the Egmont Group.
Also, the Nigerian Police leadership has praised the senate for passing the Police Reforms bill and the Police Trust Fund Bill. Again, when the National Assembly in the 2018 budget gave effect to the law allowing one percent of the budget to be devoted to Primary Health Care Delivery, it got kudos from bill Gates, Bono, Dr Tedros Adhanom Ghebreyesus of WHO, and various national groups who believe the move would bring health care delivery to the poor people across the country.
“The passage of the UBEC Act (amendment) bill was praised by Pakistani child education campaigner and youngest Nobel Laureate, Yousafzai Malala. When the PIGB was passed, political parties, National Association of Petroleum Explorationists (NAPE), lauded the effort of the upper chamber.
The World Bank on its part commended the National Assembly for the passage of the Company and Allied Matters Act and Secured Transactions in Movable Assets and Credit Bureau Reporting Act.
Rejected Bills
However, as high as the number of the bills passed by the senate and by extension the eight National Assembly, so were the numbers of bills vetoed by President Muhammadu Buhari. As at April, 2019, a total of 48 bills were vetoed by the president for reasons ranging from duplication of functions between proposed agencies and existing ones, to infractions on extant laws.
In 2017, Buhari rejected 11 bills, including the National Broadcasting Commission (Amendment) bill. In 2018, he rejected another 20 bills, including the popular Peace Corps bill, the Petroleum Industry Governance bill, and the fourth amendment bill of the 1999 constitution.
Other bills that were declined presidential assent in 2018 were the Stamp Duty (Amendment) bill, the Advance Fee Fraud (Amendment) bill, and of course, the 2010 Electoral Act (Amendment) bill 2018 which was rejected four times, the first being on re-ordering of general elections and the last being because, according to the President, the elections were already too close and changing the rules would be confusing.
In the four months of 2019, President Buhari rejected almost as many bills as he did in the whole of 2018. A total of 17 bills have so far been thrown out by the president, five in January, five in March, and seven on April 2 in addition to the last one for now, dated April 25, 2019.
