By Sunday Adaji…Legal Officer, Lawyers Alert.
One of the most controversial Bills before the floor of the National Assembly (the law-making body of Nigeria) is the NGO (Non-Governmental Organization) Regulation Bill sponsored by the Deputy Majority Leader of the House of Representatives, Hon. Umar Buba. The bill has been described in many quarters as the most audacious and dangerous bills to make its way into the legislature in recent times. It might be recalled that prior to its introduction, a similar NGO Bill was presented to the National Assembly and rejected. This time, the Bill has not only gained acceptance, it is already well on its way to being passed into law.
Provisions of the Bill
According to government, the bill is necessitated by an urgent desire to curb the excesses of shady NGOs which have not only fallen into a pattern of ripping-off donor agencies but are also further tarnishing Nigeria’s already well battered image in addition to quietly funding terror attacks in the country. Noble ideals for sure, so why the alarm?
Well for one thing, the bill proposes to establish a regulatory commission to be headed by an Executive Secretary who will be appointed by the President for a term of 5 years. There will be a 17-man Governing Board led by a Chairman, all of whom will also be appointed by the President. The organization will be imbued with powers to license all NGOs failing which they would not be allowed to function. Only this license will confer legality upon the entity, and not the Corporate Affairs Corporation, CAC, as is currently the status quo. Said license will be reviewed every 2 years if legal status is to be maintained. The Board also has the power to withhold the issuance of this license as it deems fit without explanation.
For another thing, this regulatory commission will be domiciled within the Ministry of Interior and the Minister given the powers to direct the Board as he sees fit. All NGOs will be required to regularly submit financial reports and sources of funding to the board and also seek permission for how same should be expended and on what projects. Failure to comply will be considered a crime to be punished accordingly (up to 18 months in prison).
The Board will also have the responsibility of determining which foreign donors can be approached for assistance. NGOs will be expected not only to comply with these laws but also all national and foreign policies. This Board, having such wide-reaching powers, will however, itself, remain unaccountable. It will enjoy substantial immunity under law and no judgements can be enforced upon it save with the express permission of the Attorney General’s office.
These provisions can at best be described as draconian and at worst as inimical to the progress of the nation as a whole. Over time, as governance gradually weakened in Nigeria, NGOs, both international and local picked up the slack, filling in gaps that should ordinarily never have existed were government functioning as it should.
In an interview with Channels TV, (a leading television station in Nigeria) on September 23, 2017, Chris Akiri, a law practitioner, expressed shock at how the bill had insidiously made its way through the system, escaping the attention of people like himself and other CSO partners. In Akiri’s words, “This Bill which gives government the power to regulate NGOs is an over-government. Why must government come in to interfere when an NGO has its accountant and auditor? The Bill should not see the light of the day. It has a negative effect. It makes me to nearly vomit. Government is trying to government non-governmental organisations.”
Referring to some sections in the NGO Bill, Akiri explained that by empowering a commission known as NON-GOVERNMENTAL ORGANISATIONS REGULATION COMMISSION OF NIGERIA to regulate the activities of NGOs, the government would essentially be usurping and or replicating the power of the CAC (Corporate Affairs Commission) to incorporate, monitor and regulate the activities of NGOs.
Another personality interviewed alongside Akiri, Professor Chidi Odinkalu, the former Chairman of the National Human Rights Commission (NHRC) was in agreement with Barrister Akiri. In his words, “I was invited to moderate in a discourse on the NGO Bill, but they concluded that I would not be fair-minded. They therefore used bodyguards to bar me from attending the meeting. Why should you have a discourse and bring in bodyguards?”
Expressing further his displeasure over the NGO Bill, Odinkalu said: “It is certifiable nonsense to label NGOs as ‘certified terrorists’. NGOs are doing great work for citizens. Churches and mosques will also be affected by the NGO Bill. Churches and mosques are the earliest NGOs in the world. Presently, we have so many laws that regulate NGOs. We have CAMA (Companies and Allied Matters Act), EFCC (Economic and Financial Crime Commission) Act, etc. Let us implement these laws properly.” Odinkalu also questioned the wisdom in enacting laws expropriating other agencies deeming them counter-productive in the long run.
Pointing out the political undertone behind the National Assembly’s plan to pass the NGO Bill into law, Odinkalu cited the case of President Yoweri Museveni of Uganda who, in a bid to make himself life president, decertified NGOs that opposed his decision.
Further interrogated about NGOs ability to regulate themselves without government interference, Odinakalu clarified his position thus: “I am not an advocate for NGOs. What I am saying is that we have so many laws that regulate NGOs. We should apply these laws properly.”
Lawyers Alert’s Stance
LAWYERS ALERT does not have a contrary view from those indicated above. We do agree and reiterate the fact that there are already agencies whose functions include monitoring the activities of NGOs. These agencies should be empowered to carry out their roles optimally and regulate NGOs while checking the excesses or illegalities perpetuated either by fake or spurious entities. Government agencies like CAC, EFCC and the FIRS (Federal Inland Revenue Service) are just some of the organizations charged with the task of monitoring and regulating NGO activity in the country.
Certainly, all sectors have challenges and bad eggs and the NGO sector is not immune to this. However, while readily admitting this problem, LA believes that where it is necessary to enquire and investigate the activities of NGOs, the government can do so within the ambit of the existing laws and the agencies concerned. If the government has any grouse with NGOs, it certainly is not as a result of a paucity of laws regulating them. The obvious gap rather, is that government has not fully maximised these laws to prevent criminal elements from taking advantage of loopholes in the system to exploit donor agencies.
CAMA for instance, empowers the CAC to enquire, investigate and prosecute businesses, companies and incorporated Trustees (NGOs) on allegations of any offence. Similarly, EFCC is empowered to inquire, investigate and prosecute any individual, business, company and or NGO regarding any alleged financial crimes or offences. So also, is the FIRS. All the government needs to is to empower these agencies in such a way that their bite is as bad as their bark.
If those already in existence are being under-utilised by government, is there any guarantee that any new law will be better implemented?
Should the NGO Bill eventually be enacted, what would be its impact on NGOs in Nigeria?
LAWYERS ALERT’s answer to this question is twofold:
- In the absence of any political undertone behind the National Assembly’s plan to pass the NGO Bill into law, the Bill might not make an impact. This is because, it is not the number of laws that matter but rather their effectiveness. What is crucial is the implementation of the already existing laws, not replicating them.
- If, on the other hand, there are political undertones behind the NGO Bill, as some have suggested, then the Bill will certainly have a negative impact on NGOs, especially human rights organisations in Nigeria. For instance, a party in power can capitalise on the provisos in the Bill to decertify NGOs that oppose its policies and activities. We all know that no genuine NGO will keep mute when a government in power infringes on the fundamental human rights of citizens.
Now, the Non-Governmental Organisations Regulatory Commission (the body empowered by the NGO Bill to regulate national and international NGOs) is conferred with the function of registering and maintaining the register of NGOs. It also has power to deregister any NGO. In fact, section 13 subsection (4) of the Bill states: “An organisation that is not registered under the Act cannot operate in the country nor benefit from the facilities made available by the government to organisations which are registered under this Act, but in special cases, the Minister, on the advice of the Board, may make concessions under conditions of emergency.” By this proviso, it is easy for a government in power to decertify and silence any NGO that opposes its activities.
LAWYERS ALERT is of the view that since there are already laws and agencies that are empowered to regulate NGOs, it is of no use enacting the NGO Regulatory Bill. It is not the number of laws a country has that matters but the implementation of same. Thousands of laws do not translate to implementation. If government cannot apply existing laws to regulate NGOs, it would still have difficulty doing so with any new laws.
On the other hand, if the NGO Bill must be passed into law, many of its provisos should be reviewed and amended. And in doing so, members of the public and NGOs in Nigeria, as well as other stakeholders, should be involved in the discourse on the NGO Bill. We believe this will be the case once the bill is scheduled for public hearing as reiterated by the Chairman of the House Committee on CSOs and Development Partners, Mr. Akpatason.
We hope that at the end of the day, the decision that will be taken will be one that will encourage the activities and growth of NGOs in Nigeria, considering the humanitarian services they are rendering to citizens.