HB 83: Security Services Welfare Infrastructural Development Commission Bill, 2015

Bill Analysis:

SHORT TITLE

Security Services Welfare Infrastructure Development Commission Bill, 2015

OBJECTIVE OF THE BILL

The objectives of the Bill are to

• Establish the security services welfare infrastructure development commission to provide management of the welfare infrastructure of the security services;
• Review the state of welfare infrastructure of the security services

NUMBER OF CLAUSES

The Bill has 16 Clauses including citation and interpretation.

APPLICATION

The Bill applies to Security Services’ welfare infrastructure, which includes housing, transport, utilities, education and healthcare (Clause 6(2))

GENERAL PROVISIONS OF THE BILL

1. Establishment of the Security Services Welfare Infrastructure Development Commission (“the Commission”): -

The Bill establishes the Commission, which shall be a body corporate with perpetual succession, a common seal, may sue and sued in its corporate name; and shall have a management to be appointed by the President subject to the confirmation by the Senate.

2. Composition of the Management: -

• A Chairman;
• Ten other Commissioners, of which the President shall appoint at least one from each of the security services & a professional from outside the security services.

The Chairman shall be a person who has attained the rank of at least a Brigadier-General or its equivalent and retired from active service in any of the security services.

3.   Tenure of Office: -

A commissioner shall hold office for a period of 4 years and shall be eligible for re-appointment for a further period of 4 years and no more (Clause 4). The terms (remuneration, salaries and allowances) of service shall be that prescribed by the National Revenue Mobilization, Allocation and Fiscal Commission

4.   Cessation of Membership of the Commission: -

A Commissioner may cease to be a member if: -

• he resigns his appointment by giving notice in writing to the President
• the President is satisfied that the Commissioner by reason of mental or physical infirmity or any other cause is incapable of discharging the functions of his office

The Chairman and Commissioners shall hold office subject to the terms stipulated in their letters of appointment.

5.    Functions of the Commission: -

The functions of the Commission shall be to:

• identify the welfare infrastructure necessary in every security service establishment in Nigeria;
• determine the minimum standard of welfare infrastructure to be used in every security service;
• determine the method for the development of the welfare needs of every unit of the security services;
• collect and maintain a fund to be constituted from 5% of the Federation Account to be allocated for that purpose in the budget;
• deploy such fund (which it collects and maintains) for the development of security services welfare infrastructure
• supervise the execution of the development of security services welfare infrastructure;
• review the state of welfare infrastructure in the security services from time to time by embarking on regular inspection and assessment of same
• ensure the efficiency, effectiveness, maintenance and preservation of welfare infrastructure provided for security services.

6.    Powers of the Commission: -

The Commission shall have the power to:

• procure, hold or own any such movable or immovable property as may be necessary for giving effect to the provisions of this Bill (when it becomes law);
• lease mortgage, sell or otherwise dispose of any property acquired or held under this Bill (when it becomes law);
• liaise with international agencies, security services or other bodies as it may deem necessary to enhance the performance of its functions under this Bill;
• invest its unspent fund in such manner as is necessary for giving effect to the provisions of this Bill;
• borrow or obtain credit facilities for the purpose of giving effect to the provisions of this Bill (when it becomes law);
• accept contributions, donations or gifts from any person, body or government upon such terms and conditions, if any, that will not prejudice the Commission in the discharge of its function;
• maintain an account with a reputable bank in Nigeria (Clause 7).
• Appoint an administrative secretary who shall be responsible for the day-to-day affairs of the Commission and perform such other functions as the other staff, the Commission may from time to time assign to him (Clause 9) and such other staff as may appear necessary for the efficient performance of its functions under this Bill (Clause 10).

7.     Supplementary Provision of the Bill: -

The supplementary provisions contained in the schedule to this Bill shall have effect with respect to the proceedings of the Commission and other matters contained therein.

8.     Delegation of Powers: -

The Commission may delegate any of its powers under this Bill in such condition as it may deem fit:

• To any of the security services (or the Reserve Army if there is any): and
• To any officer in the security services

9.    Fund of the Commission: -

The Commission shall establish and maintain a fund, which shall be applied towards the promotion of the functions specified in this Bill. The sources of the fund shall include: -

• Such monies as may from time to time be allocated by the Federal Government by way of grants or budgetary appropriation or both;
• Contributions or donations for persons;
• Interests, profits or other return on investment (Clause 12)

The Commission may use the fund to defray all expenses in connection with the performance of its functions; remuneration, fees and allowances of the Commissioners; fees, salaries, pension and gratuity of officers, and other officer under the authority of the Commission

10.   Annual Report of the Commission: -

The Commission shall within 3 months after the end of each financial year, submit to the President an annual report with regard to the functions, affairs and financial position of the Commission in respect of that financial year. The annual report shall include: -

• an audited balance sheet and statement of income and expenditure of the Commission, including any relevant annexes;
• particulars of the funds received;
• report on the strategies and plan of the Commission for the next financial year;
• any other document that the President may request from time to time

The President shall within 30 days of receiving the report submit it to the National Assembly (Clause 13(4))

11.  Jurisdiction : -

The Federal High Court shall have jurisdiction in any dispute arising out of or in the performance of the function of the Commission (Clause 14(2)). When the Bill is passed into law and becomes effective, any provisions of the law for the time being in force, which relates to functions and powers of the Commission, shall stand repealed.

CONCLUDING ISSUES OF THE BILL

This Bill seeks to establish the Security Services Welfare Infrastructure Development Commission, to provide among others, management and review the state of welfare infrastructure of the security services. This Bill under Clause 6(2) defines “welfare infrastructure” to include housing, transport, utilities, education and healthcare.

One of the functions of the Bill is to maintain a fund to be constituted from 5% of the Federation Account to be allocated for that purpose, and deploy such fund for the development of security services welfare infrastructure. The Commission shall determine the method for developing the welfare needs of every unit of the security services as well procure movable or immovable property for them.

Though the welfare infrastructure of security services is very important, establishing another government agency is not. The security services have administrative divisions that cater to each unit, and so a separate entity that would do what is already being done is not advisable. However, if the administrative units are not performing optimally, they could be strengthened for better results.

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