When Reps Probe Corners A ‘Broken’ SEC

In this report, ADESUWA TSAN and EDEGBE ODEMWINGIE touch on the trade of words among senior officials of the Security and Exchange Commission (SEC), the inaugural visit of the US Ambassador to the Lower House, and the planned retreat slated for May by the House committee in charge of reviewing the 1999 Nigerian Constitution (as amended).

In other countries, when a board, cabinet, or whatever nomenclature chosen, passes a vote of no confidence on the head of an outfit it serves, private, public or government, usually to follow such a vote is a voluntary resignation or similar action. In some places, (remember Japan?) suicide is a preferred action.

Well, not in Nigeria. The sit tight syndrome is legendary!
Such is the episode currently playing out in the House of Representatives sanctioned investigation into the near collapse of Nigeria’s Capital Market.

Last Wednesday, the executive commissioners of the Security and Exchange Commission (SEC) publicly distanced themselves from the actions and decisions taken “unilaterally” by the Arunma Oteh led SEC.

The Lower House panel exposed a sharply divided SEC brought about by bitter internal wrangling between staffers of the commission and the Director General of SEC. SEC senior officials say the face-off has led to the “regulatory comatose” of the commission. ?

In shocking disclosures, SEC Commissioners summoned to the public hearing took turns to lampoon the SEC DG for many recruitments she made upon resumption of office without consulting them. The senior officials said their sideline and the unilateral recruitments have affected the morale of the commission’s staff, and by implication, its operations.

“A young man graduated in 1998 and was made a Director in SEC” commissioner in charge of SEC’s legal department, Charles Udora told the El-Sudi led panel of one of Oteh’s recruitments.

“The contract staff problem is affecting the moral of staff… The contract system that we have has created friction amongst the staff.

“We seem to be in a situation of regulatory comatose. Our staff are no longer giving us what we need to regulate the market”, he told the committee.

The senior officials told the investigative panel that there have been a total communication breakdown at the commission as official correspondence have been reduced to text messaging.

Hear SEC’s commissioner (operations), Ms Daisy Ekineh in one of the scathing jibes directed at the SEC DG, “I will agree there is a dysfunction because we have not been working as a team. I would suggest that we communicate more face to face instead of text messages”.

Oteh insisted that the said recruitments were carried out in conformity with due process.

Reject suspicious sealth: Tambuwal tells US
House Speaker, Aminu Waziri Tambuwal on Thursday called on the US government to make domestic laws outlawing the receipt of “suspicious wealth” from third world countries as such move will mitigate the high level of corruption inherent in these countries, Nigeria inclusive.

Tambuwal played host to the US Ambassador to Nigeria, Terence McCulley on an inaugural courtesy visit to the Lower House.
The US Ambassador stated that his visit was to discuss both country’s bilateral relations as well as some of the important legislation before the National Assembly, including the Petroleum Industry Bill. The state of security in Nigeria also formed part of the agenda of the visit, he said.

On his part, the Lower house speaker called on the US government to intensify support of Nigeria towards deepening democracy, transparency, anti-corruption and security.
“On the question of our fight against corruption, there is the need for your parliament to consider the possibility of passing a law that will prohibit your country from receiving suspicious wealth that is coming from third world countries. I believe that by the time all those who are perpetuating these acts of corruption and are taking away our monies illegally do not have a safe haven somewhere, they will have nowhere to keep those monies and therefore that will mitigate this huge level of corruption that we have in our system.

“You have that responsibility to us and I believe you owe it to us. It is my conviction that we need such legislation to help check what is happening in most of the countries of the third world. I believe it will not harm your system by the time you stop such suspicious funds from getting into your system. It will rather help us and this will strengthen us in our fight against corruption” Tambuwal told McCulley.

House constitution review gathers momentum
The Lower House Ad-Hoc Committee on the Review of the 1999 Constitution (as amended) has recently revved up activities preparatory to full scale commencement of a holistic review of the country’s laws.

This serious business-like disposition of the Committee headed by the Deputy Speaker of the House, Emeka Ihedioha, underscores the determination of the seventh assembly to make Nigerians proud by being prompt, responsive, responsible and people-oriented.

Recall that the sixth session of the National Assembly undertook substantial review of the Constitution notably in areas like electoral and electioneering issues, funding of the legislature, among other areas of consensual interest to Nigerians. The current drive by the lawmakers especially the House of Representatives which kick-started preparations ahead of the Senate, to further amend the Constitution is borne out of the demands and clamour by Nigerians to address other fundamental issues that bind the fabrics of the Nigerian State together.

It is also natural that the lawmakers are buoyed by the success of the last exercise and are therefore poised to tackle contentious issues like state police, financial autonomy for state legislatures, state creation, autonomy (and listing of new) local government councils, revenue allocation and other nagging issues that continue to generate controversy among Nigerians.
Part of the pragmatic steps the House of Representatives have taken in addressing these fundamental issues of Nigeria’s soul include the introduction of private member bills and subsequent referrals to the Ad-Hoc committee on the Constitution Review after exhaustive debate on the floor of the House.

At the last check, no fewer than ten private member bills have been referred to the Committee. These include a bill by Hon. Femi Gbajabiamila to provide for a definite date for the President to present an Appropriation Bill for the next financial year; a bill by Hon. Uche Ekwunife to alter the provisions of sections 7 & 162 of the Constitution to provide for independence and financial autonomy of local government councils; a bill by Hon. Leo Ogor to alter the provisions of sections 89 & 129 of the constitution to direct the Attorney General of the Federation to prosecute any person or authority found wanting by the Senate or House of Representatives and for matters connected therewith.

Others include a bill by Hon. Jagaba Adams Jagaba to remove the word ‘Force’ from the name of the Nigeria Police Force to bring it in tune with the current democratic dispensation in the country; a bill by Hon. Patrick Ikhariale to amend the Electric Power Sector Reform Act, Cap. E7, Laws of the Federation of Nigeria, 2004 and other matters connected therewith, the purpose of which is to open up the electricity sector by enabling a state government that desires so to participate in the generation, transmission, trading, distribution and bulk supply and resale of electricity either directly or otherwise; and a bill by Hon. Suleiman Kawu to alter relevant provisions of the constitution to make for financial autonomy for state legislatures.

These bills and a litany of memoranda received from members of the public on various burning issues have now formed the bedrock of serious work that is sure to commence very soon by the ad-hoc committee.
Recall that the committee had some time ago advertised for members of the public to submit
memoranda to it on areas of the 1999 Constitution they consider necessary for alteration.

Restating the readiness of the committee to get down to brass tacks, Hon. Eziuche Ubani, chairman of the media sub-committee told newsmen that a retreat for members of the Ad-Hoc committee have been slated for the end of May in the South-South city of Port Harcourt, the Rivers State capital. The retreat is to enable the committee outline its work plan and review memoranda received from the public so far.

According to him, the Ad-Hoc committee will use the opportunity offered by the retreat to engage relevant stakeholders around the location of the programme so that “they can be carried along in the process from the beginning in order to give everyone adequate buy-in and a sense of involvement.”

Hon. Ubani stated in the briefing that the House of Representatives Ad-Hoc committee will be guided by the interest and demands of Nigerians on the review of the 1999 Constitution and will not restrict its work to certain provisions nor will it shy away from areas considered contentious.

He said further that the committee will not hesitate to consider proposals on any area of the Constitution as far as such will enhance the review process and bequeath a better constitution to the country at the end of the exercise.

Responding to questions on the contentious issue of immunity for the president, vice president, governors, and deputy governors, Hon. Ubani stated that the Ad-Hoc committee was yet to receive proposals on the matter but promised that the committee will certainly consider submissions on the issue from stakeholders.

He said issues like the creation of states, listing of new local government councils in the constitution, financial autonomy for state legislatures, and other issues will be considered by the committee as Nigerians deem fit and in the overall interest of the country.

The move by the House of Representatives to begin a serious and rigorous review of the 1999 constitution resonates with Nigerians who have long desired and craved for some fundamental changes to the laws of the country.

At the press inaugural briefing of the Ad-Hoc committee, its chairman and Deputy Speaker had assured that the Lower House shall attend to all of the issues that Nigerians demand to be addressed without any restriction. While calling for the support of the general public especially the media and civil society organizations, Ihedioha had promised that the exercise was being tailored to carry every concerned and interested stakeholder in the Nigerian project along.

It is in this light that the planned retreat by the Committee in Port-Harcourt should be viewed.
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