HB 519: National Agency for Ethics and Values (Establishment) Bill, 2016

Bill Analysis:

SHORT TITLE

National Agency for Ethics and Values Bill, 2016

OBJECTIVE OF THE BILL

The objective of the Bill is to establish an agency to be known as National Agency for Ethics and Values

NUMBER OF CLAUSES/PARTS

The Bill has 4 parts and 34 clauses, including interpretation and short title

CONTENTS

The Bill has the following contents: -

• Part I: - Administration of the Bill, establishment of the Agency, its powers, appointments and staffing, general principles, protection from personal liability
• Part II: - Funding of the Agency, Accounts and Audit, Reporting;
• Part III: - Miscellaneous provisions

IMPLICATION OF THE BILL

If the Bill is signed into law, a government agency shall be established to undertake measures against unethical standards and practices in the public service.

GENERAL PROVISIONS OF THE BILL

1.  Establishment of the National Agency for Ethics and Values

Clause 1 of the Bill provides for the establishment of an agency, which shall be a body corporate with perpetual succession to ensure ethics and values in public offices. The functions of this agency shall include –

• develop and promote standards, best practices in integrity
• develop codes of ethics
• receive complaints on breach of trust and code of ethics
• conduct investigations on acts of breach or violation of public trust and recommend to the Director of Public Prosecutions
• recommend appropriate action to be taken against State officers or public officers alleged to have engaged
• institute and conduct proceedings in court for the purposes of recovery or protection of public property

2.   Composition and Appointment: -

The Agency shall be headed by a Chairman to be appointed by the President on the recommendation of the Minister. Members shall consist of a federal commissioner from each state of the federation on recommendation of the Governor of each state, and a representative each from the Federal Ministries of Education, Interior and Civil Service Commission. 

3.   Tenure of Office: -

Clause 5 of the Bill provides that the chairman and members of the agency shall be appointed for a single term of 6 years and shall not be eligible for reappointment. The chairman and members shall subscribe to an oath of office and their service shall be on full time basis.

4.   Vacancy at the Agency: -

A vacancy occurring as a result of death, resignation or removal of a member is filled by appointment by the President. A member who serves as a replacement shall only serve for a single period of 5 years.

5.   Powers of the Agency: -

The Bill under Clause 9(4) provides that the Agency shall have powers necessary or expedient for the efficient and effective execution of its functions, under this Bill (when passed into law) or any other written law. The Agency may request and obtain professional assistance or advice from such persons or organizations, as it considers appropriate.

Among others, the Agency shall have the powers to undertake preventive measures against anti-trust and unethical practices; conduct mediation, conciliation and negotiation (Clause 11).

6.   Functions of the Commissioners: -

The commissioners shall meet regularly or as often as the need arises. Their functions listed from Clause 9(6)(a) – (e) include assisting the Agency in policy formulation and ensuring that staff perform their duties to the highest standards possible.

The Agency may set up committees for the effective discharge of its functions. Anyone co-opted into any committee to fulfill a certain function may attend meeting but shall not have power to vote.

7.   Director General of the Agency: -

 The Agency shall, through an open, competitive and transparent recruitment process, and with the approval of the National Assembly, appoint a suitably qualified person to be Director-General of the Agency (Clause 14).

The Director-General shall be a Nigerian citizen, with a postgraduate degree and not less than 10 years experience at management level. Clause 14(2)-(7) lists the duties and functions of a Director-General.

8.   Agency Secretariat: -

Clause 16 of the Bill provides for a secretariat within the Agency. The secretariat shall comprise of professional, technical and administrative officers as may be appointed by the Agency. The Agency may request for the secondment of public officers from the Public Service Commission and a public officer seconded shall be deemed to be an employee.

In the appointment of employees, at least one-third of employees shall be of either gender and shall reflect ethnic and regional diversity of the people of Nigeria (Clause 16 (4)).

9.   Protection from Personal Liability: -

No member of the Agency shall be held liable for anything done, if done in good faith for the purpose of executing the functions of the Agency (Clause 18).

10.  Funding of the Agency: -

The Agency shall be funded from monies appropriated by the Legislature, grants, gifts and endowments given to the Agency. Any donations, gifts or loans to the Agency shall be disclosed to the National Assembly and made public before use.

11.  Annual Reports: -

The Agency shall cause an annual report to be prepared at the end of each financial year. The yearly accounts of the Agency shall be prepared, audited and reported. A financial year shall commence from the first of January to the thirteenth of December of the subsequent year (Clause 25)

12.  Independence of the Agency: -

Clause 26 provides that in the exercise of its functions, the Agency shall not be subject to the direction or control of any person or authority.

13.  Information Management: -

Clause 27 provides that the Agency shall publish and publicize important information within its mandate affecting the nation. Any request for information shall be addressed to the Director-General or his designate and may be subject to a fee or subject to confidentiality requirements.

The Agency may decline to give information to an applicant if the request is unreasonable in the circumstances; failure to pay required fee and information required is at a deliberative stage by the Agency. Every member of the Agency shall sign a confidentiality agreement.

14.  Regulations and Legal Advice: -

The Agency may make regulations with respect to appointments, disciplinary control and termination of appointment, policies and practice of the Agency.

15.   Assets and Liabilities: -

Clause 31 provides that all assets, rights, liabilities, obligations and agreements existing at the commencement of this Bill (when passed into law) and vested in, acquired or entered into by or on behalf of the Special Adviser to the President shall be vested in the Agency to the extent that they were enforceable by or against the Agency before the commencement of this Bill.

16.   Powers of the Ministry: -

The Minister may give directives of a general nature to the Agency with regard to the exercise by the Agency of its functions.

CONCLUDING ISSUES

This Bill not only covers an important aspect of the public service, which are ethics and standards, it aims to set up a structure that is gender-sensitive and inclusive. It requires up to a third of its members representing a particular gender (Clause 16(4)(a)). However, there is already in existence the Code of Conduct Bureau & Tribunal Act, which is currently serving the same purpose that the Bill seeks to serve.

The quality of the Bill is poor. There are some repetitions and provisions that lack clarity.  Clause 9(1)(a)(i) is similar to Clause 9(1)(b) of the Bill. In addition Clauses 9(5) and 12(2) are saying the same thing. These provisions need revision.

The Bill is not clear what assets and liabilities are acquired by the Special Adviser to the President responsible for matters relating to ethics and values that will be vested in the Agency when the Bill is signed into law. It is also not clear on the interpretation of Minister as it is interpreted to mean “Special Adviser to the President”. This Bill does not address a major ‘need’ in Nigeria today and is generally peripheral.

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