PIB, Electoral Act, Constitutional amendments, others to top legislative business in 2021

President Muhammadu Buhari had on September 29, 2020, transmitted the new PIB after he had declined assent to a similar law passed by the 8th National Assembly to the 9th Assembly, particularly the House of Representatives for consideration.

The Petroleum Industrial Bill (PIB), Constitutional Review, Electoral Act amendment are expected to be on top of the list of legislative business of the House of Representatives in the year 2021.

Other pending legislation that would be given top priority include the second Economic Stimulus Bill, which aims at providing necessary relief to individuals and corporate organisations in Nigeria negatively affected by the dreaded Covid-19 pandemic and Proceeds of Crime Bill.

The new PIB has the long title: “A Bill for an act to provide legal, governance, regulatory and fiscal framework for the Nigerian petroleum industry, the development of host community and for related matters”.

The proposed legislation, among others, seeks to scrap the Petroleum Equalisation Fund (PEF) and Petroleum Products Pricing Regulatory Agency (PPPRA) and replace them with a new agency to be known as Nigerian Midstream and Downstream Regulatory Authority (NMDRA), which shall be responsible for the technical and commercial regulation of midstream and upstream petroleum operations in the industry.

The Bill proposes the establishment of Nigerian Upstream Regulatory Commission to be responsible for the technical and commercial regulation of upstream petroleum operations.

It further seeks the commercialisation of the Nigerian National Petroleum Corporation (NNPC) to become Nigerian National Petroleum Company to be incorporated under the Companies and Allied Matters Act by the minister of petroleum.

As promised by Femi Gbajabiamila, speaker of the House, that the PIB would be passed into law within six months of its transmission, the legislation scaled through second reading on November 24 and referred to relevant committees for further legislative works.

It is therefore expected that as from January 26, when the House will resume from the ongoing Christmas and New Year break, the PIB would be going for the next legislative stages of public hearing, consideration of report and third reading – final passage.

For the Electoral Act amendment, the House has already passed for second reading and held public hearing on the Electoral Act Bill 2020, which seeks to repeal the Electoral Act (As amended 2015) and enact the Independent National Electoral Commission Act to regulate the conduct of Federal, State and Area Council Elections.

The proposed legislation intends to ensure that legal framework on certain issues should be well settled ahead of the 2023 elections, such as the use of technological devices like the Card Reader and electronic voting system.

It would also address the criteria for substitution of candidates, disclosure of source of funds contributed to political parties, replacement of lost or destroyed permanent voters card, penalty for the possession of fake voters’ card, dates for conducting primary election, which shall not be earlier than 150 days and not later than 120 days before the date of election.

It stipulates the maximum election expenses to be incurred by a candidate at a presidential election, which shall not exceed N5 billion, while the maximum amount of election expenses to be incurred by a candidate in respect of governorship election shall not exceed N1 billion.

According to the Bill: “The maximum amount of election expenses to be incurred by a Candidate in respect of Senatorial and House of Representatives seat shall not exceed N100 million and N70 million, respectively. In the case of State Assembly election, the maximum amount of election expenses to be incurred by a candidate shall not exceed N 30 million.

“In the case of a chairmanship election to an Area Council, the maximum amount of election expenses to be incurred by a candidate shall not exceed N30 million. In the case of Councillorship election to an area Council, the maximum amount of election expenses to be incurred by a candidate shall not exceed N5 million.”

Some of the areas the Bill sought to alter include, Section 3(2) (a), which provides definite timeline for the release of Fund to the Commission for the discharge of its statutory duties, section 26 (3) and (4), which is amended as: “Where an election has commenced and there is reason to believe that there is or has been substantial disruption of election in a polling unit or constituency or it is impossible to continue with the election occasioned by threat to peace and security of electoral officials and materials, the Commission shall suspend the election and appoint another date for the continuation of the election or the process thereof.

The next legislative activity on the Electoral Act Bill 2020, which would take place this year, will be consideration of reports from the public hearing and final passage through third reading.

Also on top of legislative business this year is the Constitutional Review for which the House had since October last year inaugurated a Committee chaired by the deputy speaker, Ahmed Wase, who assured that the House would consider the creation of states, state police, true federalism, local government and judicial autonomy in the review of the 1999 Constitution.

So far, many constitutional amendments and alterations Bills are presently at various stages before both Chambers of the National Assembly, waiting for kick-starting in 2021.

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Some of the Bills Include: Smooth Transition Bill, Constitution of the Federal Republic of Nigeria, 1999 (Alteration) Bill, Hate Speech Bill, Submission of Ministerial Names with Portfolios Bill, a Bill seeking to amend Sections 65(2)a, 106(c), 131(b) and 131(d) of the 1999 Constitution (as amended) to amend the powers of the president on the “Proclamation for the holding of first session of the National Assembly” not less than 48 hours after he was sworn in, a Bill for the amendment of the constitution to “Strengthen the Principle of Separation of Powers and Guarantee Independence of Different Arms of Government” and Local government Financial Autonomy.

As recently and severally promised by the speaker, Gbajabiamila, the second Economic Stimulus Bill to provide necessary relief to individuals and corporate organisations in Nigeria negatively affected by the dreaded Covid-19 pandemic would be on the front burner in 2021.

Recall that at the onset of the Covid-19 pandemic, the House had in March introduced and passed the first Economic Stimulus Bill 2020 on the same day.

The Bill seeks to Provide Relief on Corporate Tax Liability, Suspension of Import Duty on Selected Goods and Deferral of Residential Mortgage Obligations to the Federal Mortgage Bank of Nigeria for a fixed term to protect jobs and alleviate the financial burden on citizens in response to the economic downturn occasioned by the outbreak of Covid-19.

The purpose of the legislation is to provide temporary relief to companies and individuals to alleviate the adverse financial consequences of a slowdown in economic activities brought on by the outbreak of the Covid-19 disease in Nigeria.

Another Bill that would be given consideration in 2021 is the Proceeds of Crime Recovery and Management Bill which is essential and critical in building an enduring and sustainable foundation for the fight against corruption, money laundering and illicit movement of stolen funds through the banking system and across the Nigerian borders.

When passed into law: “The Bill will also improve the ability of law enforcement agencies to seize, freeze, and confiscate stolen assets in Nigeria while observing all related constitutional and human rights laws.

“This Bill will also address the problem of lack of transparency, accountability, and lack of credible records associated with the current procedure in the management of recovered funds by anti-corruption agencies and other institutions in Nigeria.

“An important feature of the Bill is the creation of the Proceeds of Crime (Recovery and Management) Agency. The objects of the Agency include the enforcement and administration of the provisions of the Bill and the coordination of the recovery and management of the proceeds and instrumentalities ot unlawful activity in Nigeria in collaboration with anti-corruption and other law enforcement agencies.

“Most importantly, the Agency will ensure that Nigerians can benefit from proceeds of crime by ensuring that once recovery is made, the properties end assets will be secured and that the final forfeitures granted through a court order can be paid into the Confiscated and Forfeited Account to be domiciled in the Central Bank of Nigeria.”

Also, as part of efforts to provide panacea to the rising insecurity in the country, the House is expected to conclude legislative work on the Police Service Commission (Reform) Bill 2020, which would serve as catalyst for efficient policing of the country for improved security of lives and properties of the citizenry.

Beyond these legislative activities, Auwal Rafsanjani, executive director of Civil Society Legislative Advocacy Centre (CISLAC), called on the National Assembly to focus more on its oversight function in 2021 so as to expose corruption and ensure accountability from the executive.

Rafsanjani in an interview with BusinessDay urged the legislature to be carrying out what he described as ‘piecemeal constitutional amendment’ to address only contentious issues, instead of embarking on the usual expensive and result-less constitutional reviews.

He stated: “Based on the governing deficit in the country, the National Assembly should focus its priority in the area of effective and responsible oversight because one of the fundamental mismanagement that we have in the country is the inability to ensure accountability and to also ensure compliance of laws and policies of government.
“We have a lot of laws and policies that have been totally ignored and not complied with. So the National Assembly responsibility should ensure that government complies with policies, programmes and legal framework.

“The National Assembly through its oversight should continue to expose corruption and block leakages because if National Assembly can focus on blocking leakages through its committees work, then we would have been able to reduce corruption. If National Assembly continue to ensure implementation of the budget, then many Nigerians would have seen development and will benefit from budgetary allocation that is been diverted.

“My key priority for National Assembly is centred on effective and responsible oversight without compromise, inducement or settlement. We urge the National Assembly to take more proactive measures in that respect.

“Constitutional review has been on since 1999 and we have not made any progress because of the too much interest, corruption and lack of interest to progress Nigeria. So, rather than continue to waste billions of tax payers’ money, National Assembly should have been able to do piecemeal amendments to some of those contents areas. We do not need drama and big ceremonies to do constitutional amendment which we now know politics and personal interest will undermine.

“So what we expect the National Assembly to do is to actually identify some contentious issues and deal with them. That’s the only way we can make progress otherwise this ceremonial ‘chop, I chop’ constitutional amendment that every four years we budget billions of Naira without accountability is not the way out.”