HB 102: Presidential (Transition) Bill, 2015

Bill Analysis:

SHORT TITLE

Presidential (Transition) Bill (HB 102)

OBJECTIVE OF THE BILL

The objectives of the Bill is to provide for the smooth and orderly transfer of power from one government to another and other related matters thereto

NUMBER OF CLAUSES/PARTS

The Bill has 8 clauses, including citation and explanatory notes

APPLICATION

This Bill shall apply to: -

• The transition from one government to another after the declaration of the winner of a Presidential election in Nigeria. The provisions of Bill shall apply at all times after each general election whether or not the power change is within the same party or from one party to another.

GENERAL PROVISIONS OF THE BILL

DECLARATION OF THE PRESIDENT-ELECT AS THE WINNER

A. When the incumbent President is not re-elected:

1. The President shall within 2 weeks of the declaration of the President-elect as winner of the election, provide space for not more than 10 persons designated by the President-elect to begin a review and analysis of budgeted expenditures during the tenure of the incumbent President. This process shall include:
   • Reviewing all necessary documents as may be requested by the President-elect’s transition team
   • Acquiring all working knowledge for the various offices, departments, commissions, boards and other agencies of the executive arm of government, with a view to promote orderly transition after the inauguration of the President-elect.
2. The incumbent President shall constitute his transition team, made of persons who must cooperate with the President-elect and the staff he so designated and provide any assistance that may be reasonably requested.

These processes shall apply irrespective of whether the incumbent President and President-elect are from the same party or not; and the incumbent Vice-President and Vice-President-elect shall be involved in the transition processes;

       3.   The incumbent President shall provide for the President-elect the following:

• Office space that is well furnished and equipped with all relevant machines (computers, printers, papers, etc.) and electronics within the Presidential villa to aid the transition team in achieving their object and enhance smooth working relationship with the incumbent President’s team;
• Remuneration for the President-elect’s team at such rate as may be determined by the Revenue Mobilization Allocation and Fiscal Commission, to cater for them and such rate must not exceed what is obtainable in the civil service.

Provided that the employee of any agency or department of government may be drafted to be part of the transition team of either of the President or President-elect and shall be entitled to the rights and privileges associated with his regular employment without any interruption.

And provided that in appointing the transition team, the President-elect shall consider key areas requiring professional/expert input to the extent that extra funds shall not be provided by the State to hire professional services.

• Payment for travel expenses and subsistence allowances.

B. Appointment of Administrator-General:

An Administrator-General shall be appointed to oversee the transition after each general election. He shall be appointed by the incumbent President subject to ratification by the Senate. Part of the functions of the Administrator-General shall include:

• Ensuring that all assets and properties of government are maintained and in good condition
• Ensuring that where relevant, such assets and properties are transferred from the incumbent government to the new government in good condition;
• Keeping an inventory of all assets and properties of the Government and properties not vested in the Governor of the States as provided by the Land Use Act 1978;
• Make recommendations to the President for the budgetary allocation required in a transition for passing the reins of power from one government to another;
• Ensuring that all budgetary documents and all other relevant documents requested for by the President-elect are provided without delay and that the facilities required to be provided by the transition team of the President-elect are provided;
• Initiating the prosecution of any person who breaches any of the provision(s) of this Bill (when it becomes law)

C. Removal of the Administrator-General:

The Administrator-General shall be removed by the President on ground of gross misconduct subject to ratification by the Senate.

D. Authorization of Appropriation:

Clause 6 of the Bill provides that funds shall be appropriated to the Administrator-General such funds as may be necessary to carry out the purposes of this Bill (when the it becomes law) not exceeding the sum of N100,000,000 only for any one Presidential transition for the fiscal year in which the transition occurs.

The incumbent President shall include in the budget transmitted to the National Assembly for each fiscal year in which his term of office expires, a proposed appropriation for carrying out the purposes of this Bill (when it becomes law). Provided that in the event that the incumbent President is re-elected, the funds so appropriated shall not be disbursed.

E. Offence and Penalties:

Any person who violates any provision of this Bill (when it becomes law) by failing to provide necessary facilities required to be provided under this Bill (when it becomes law), or fails to provide any required documents thereby frustrating the efforts the transition team shall upon conviction be liable to a fine of N10,000,000 or a term of imprisonment of not less than 6months or to both as the case may be.

OTHER SIMILAR BILLS

The Bill is similar to Presidential Transition Bill, 2015 (SB 90) sponsored by Sen. Ajayi Boroffice; Presidential Transition Bill (SB 19) sponsored by Sen Mao Ohabunwa; Transition Bill, 2015 (HB 109) sponsored by Hon Omoregie Ogbeide; and Presidential Transition Bill, 2016 (SB 274) sponsored by Sen. Umaru Ibrahim Kurfi

CONCLUDING NOTES

The objective of this Bill is to ensure a smooth transition process in the transfer of power from one Government to another after a Presidential election.

It is necessary to have a transition officer or Administrator-general as the Bill provides under Clause 4; however the Bill is not clear on the terms of office for this person. Whether this person shall serve until retirement as is the practice in the Civil Service or for a fixed term that may be renewable is not clearly stated in the Bill.

Furthermore, where an incumbent President includes the transition funds in the budget proposal in the year his tenure ends, and he is re-elected as provided under Clause 6(2) of the Bill, the funds shall not be needed as there would not be any need for transition. The Bill is silent on what will be done with the funds if not disbursed.

This Bill has been consolidated with Transition Bill, 2015 (HB 109) sponsored by Hon Omoregie Ogbeide, and requires a review before passage

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