HB 272: Federal Character Commission Act (Amendment) Bill, 2015

Federal Character Commission Act, 2004 (Principal Act)

Federal Character Commission Act (Amendment) Bill 2015 sponsored by Hon. Ahmed Idris

Section 2 (1)(a) –

“The Commission shall consist of a chairman who shall be the chief executive of the Commission “

Clause 2 of the Bill seeks to amend Section 2(1)(a) by adding “…and accounting officer…” immediately after the word “executive”.

Section 3(2) –

“A member may only be removed from office by the President acting on an address supported by two‐thirds majority of the Senate praying that he be so removed for inability to discharge the functions of the office. ”

Clause 3 of the Bill proposes to amend this sub-section by substituting the word “may” with “shall”

Section 4 –

The functions of the Commission shall be:

1(a) to work out an equitable formula, subject to the approval of the President, for the distribution of all cadres of posts in the civil and the public services of the Federation and of the States, the armed forces, the Nigeria Police Force and other security agencies, bodies corporate owned by the Federal or a State Government and Extra‐ Ministerial Departments and parastatals of the Federation and States

Section 4(1)(d)(i)

“to work out an equitable formula, subject to the approval of the President, for distribution of socio-economic services, amenities and infrastructural facilities”

Clause 4 proposes to –

1(a) Substitute the word “President” with “National Assembly or State House of Assembly, as the case may be”

2(k) Insert a new paragraph (“k”) to subsection 2

“to enforce the federal character guidelines and formulae in any company in which the federal, state or local governments has at least 40% shareholding interest”

Insert subsections (5) – (7) as new subsections:

(5) “the approval required to be made by the National or State House of Assembly as the case may be under this section and elsewhere in this Bill shall by a simple majority vote of the members of the Senate and House of Reps or State House of Assembly present and voting in their respective chambers”

(6) “in exercising its powers under S.4(1)(a) of the Principal Act, the Commission shall have regard for the need to ensure gender equity and the need for fair representation of the physically challenged person”

(7) “For the purposes of Section 4(1)(d)(i) of the Principal Act, the annual budgetary proposals by any ministry, extra-ministerial department or agency for the provision of socio-economic services, amenities and infrastructural facilities shall be made in consultation with the Commission”

Section 5(1)(a) – (h) & (2) of the Act provides for the Powers of the Commission.

Clause 5 seeks to amend Section 5(1) of the Principal Act by adding a new sub-section (“cc”) immediately after subsection (c) –

“suspend, cancel or set aside any recruitment exercise, process or distribution of amenities being carried out by any Ministry, Extra-Ministerial department, agency or any company in which the government has 40% shareholding interest where such recruitment was conducted in a manner inconsistent or in contravention with any guideline or formula worked out by the Commission and approved by the National or State House of Assembly as the case may be”

Amend Section 5 of the Principal Act by adding a new subsection (“3”)

“the power to institute investigations conferred by subsection (1) of this section shall include the power to summon and to interrogate any officer of the institution or organization connected with the subject matter of the investigation”

Clause 6 proposes to insert immediately after the existing Section 5 of the Principal Act, a new section “5A” –

“In order to facilitate the proper discharge of its functions, the Commission shall have the following departments:

• Investigation & Prosecution
• Monitoring, Research & Analysis
• Education & Public Enlightenment
•  
• Finance & Supplies

(2) Each department of the Commission shall be headed by a Director

(3) The Commission may with the approval of the President, increase the number of departments as it may deem necessary and expedient to facilitate the realization of the objectives of the Commission”

Section 7(3) provides -

“During the chairman's absence on leave or if the chairman is otherwise not available or is unable to perform his functions, the President may appoint any member of the Commission to act as chairman for any specified period”

Clause 7 proposes to amend Section 7(3) of the Principal Act by substituting the word “may” with the words “shall within 30 days”

Section 9 provides for the appointment of a Secretary to the Commission

Section 11 provides for the Commission’s power to accept gifts

Clause 9 proposes to insert a new Section – “11A”

(1)“the Commission may, subject to the approval of the President and in accordance with the general guidelines given by the government of the Federation, borrow by way of loan or overdraft from any source within the country any sum required by the Commission for meeting its obligations and discharging its functions”

(2) “the Commission may subject to the provisions of this Act and any condition or term attached to the funds or property acquired, invest any but not all the funds for efficient discharge of its functions”

Section 13 provides –

“The Commission shall not later than three months before the end of each year, submit to the President a report on the activities and the administration of the Commission during the immediately preceding year and shall include in such reports audited accounts of the Commission and the auditor's report thereon”

Clause 10 proposes to substitute Section 13 of the Principal Act with a new Section 13 as follows –

“the Commission shall prepare and submit to the President and National Assembly, not later than the end of June of each financial year, a report on the activities of the Commission during the immediately preceding financial year and shall include in such report, a copy of the audited accounts of the Commission for that year and auditor’s report therein”

Section 15 provides for penalties

S.15 (1) penalty for an offence under S.14 of the Act is a fine of N50,000;

S. 15 (2) provides for N100,000 fine for corporate bodies or N50,000 for individual;

S. 15 (3) provides for a body corporate to pay a fine of N10,000 for everyday the offence is committed, notwithstanding N100,000 fine as specified in S. 15(1)

Clause 11 proposes to amend Section 15 of the Principal Act by –

• substituting N50,000 under Section 15(1) with N250,000
• substituting N100,000 under Section 15(2) with N2,500,000 and N50,000 with N100,000
• substituting N10,000 under section 15(3) with N30,000 and N100,000 with N2,500,000

Section 16 provides that subject to the Constitution, where any provision of the Act is inconsistent with other laws, the provisions of this Act shall prevail

Clause 12 proposes to add a new section under S. 16 of the Principal Act as follows –

“Notwithstanding the provisions of sections 14 & 15, the Commission may seek for an order of injunction, mandamus, certiorari or prohibition from any High Court to enforce compliance with any guideline and formula, directive, circular or instruction issued by it under this Act”

Section 19 is the Interpretation Section. It defines a “member” as a member of the Commission, including Chairman

Clause 13 proposes to amend S. 19 of the Principal Act by adding the definition of a “National Assembly” immediately after the word “member” as follows:

“the Senate and House of Representatives established by the Constitution of the Federal Republic of Nigeria”