NATIONAL INSTITUTE FOR LEGISLATIVE AND DEMOCRATIC STUDIES NATIONAL ASSEMBLY

DLSS LAW INFORMATION BRIEF

No. 1, January 2019

Consolidated Report of the Public and Investigative Hearing Sessions.

Background

The Mission of the National Institute of Legislative and Democratic Studies (NILDS) is among others to strengthen the capacity of Legislators in to make informed decisions and to effectively discharge their Constitutional responsibilities through

Legislative support and documentation services. Thus, to fulfil this Mission the

Department of Legislative Support Services (DLSS) as part of its routine activities covered public hearing sessions of both Houses of the National Assembly.

In carrying out this function, experts in the Department are required to prepare and submit to the relevant House or Senate Committees, memorandum of their contribution on the issue slated for the public hearing.

Accordingly, between July-December 2018 the Department has covered five (5) Public

Hearings and one (1) Investigative Hearing. This Report consists of a consolidation of all the memoranda and hearing reports from the public and investigative hearings.

Dr Mohammed Amali; Barr. Chukwuka Onyeaku (Facilitators)

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REPORT ON THE PUBLIC HEARING OF THE HOUSE COMMITTEE ON TERTIARY INSTITUTIONS

Venue: Conference Room 028, Ground Floor, New Building Extension, House of Representatives, National Assembly Complex, Abuja. Date: Wednesday 5th September 2018 Time: 9:00 AM Officers in Attendance: Dr Mohammed Amali; Ngozi Nwafor-Orizu; Doris Aaron

This public hearing was at the instance of the House of Representatives Committee on Tertiary Institutions chaired by Hon. Suleiman Aminu. There were Fifteen (15) Bills in total for consideration, divided into two parts of nine (9) on the one part and six (6) on the other. Part A contained Bills for the establishment of new Federal Institutions namely the Federal Polytechnic in Dukku Gombe State, Federal Polytechnic Shendam in Plateau State, Federal Polytechnic in , the National Institute for Educational Planning and Administration, and a Federal University of Education in Nsugbe. Other Institutions billed for establishment were Federal University in Birnin-Kebbi, a Federal College of Education in Abia State, a Federal University of Technology in Kaduna, and last but by no means the least, a Federal College of Education in Monguno Borno State. Part B contained amendments of existing Acts of six Federal Universities namely the Usman Dan Fodiyo University in Sokoto State, the University of Lagos, Obafemi Awolowo University, the University of Nigeria Nsukka, University of Maiduguri, and the University, Bauchi. The amendments were to specify the minimum qualification of the Chairman of the Governing Council, and the ownership of intellectual property and to provide for pre-action notice to the University authority. Declaring the hearing open, the Speaker of the House of Representatives Rt. Hon. Yakubu Dogara represented by Hon. Chukwuka Onyema stated that Nigeria needs more tertiary Institutions of learning because Nigeria has lagged behind in the comity of nations for too long. The Speaker identified education as the key tool for creating sustainable development and stated that the importance the National Assembly attributes to this sector is underscored by the fact that the National Assembly has previously intervened in the funding problems of Tertiary Institutions with the most recent being the provision of additional funds to some Universities in the 2018 budget to enable them operate optimally. 3

The Speaker cited the gap between the demand for tertiary education and its availability as a cogent reason for the establishment of more of such Institutions because year in year out according to the Speaker, teeming youths who are qualified for admission into schools are denied this right because they cannot afford the cost of the available Institutions. The Speaker rounded up by commending the Committee for its initiative and rare commitment to duty in “putting together this high number of Bills for consideration at the same time,” and urged them to sustain their efforts in accelerating their work so that the House could conclude legislative actions on them before the expiration of the tenure of the 8th Assembly. Afterwards, the Chairman of the Committee Hon. Suleiman Aminu spelt out all the Bills that were up for consideration and added that easy access to quality education is not only desirous but also inevitable as it is one of the requirements for acquiring higher education to obtain requisite qualification for attaining greatness in all fields of human endeavour. The Chairman further reiterated the need for the establishment of more tertiary Institutions in order to accommodate the daily quest for admission by Nigerian students. Subsequently, some traditional rulers of the areas where the proposed Institutions are to be located took turns to address the Committee and the House in support of the establishment of the Institutions and how much it would benefit their immediate communities. Towing this line, Hon. Aishatu Dukku (member representing Dukku/Nafada Federal Constituency) who is incidentally a member of the Committee addressed the House on the benefits of establishing the Federal Polytechnic in Dukku, Gombe State. According to the Honourable member, there is already a well-built structure on ground in Dukku that will comfortably accommodate the Polytechnic with ample and vast land for future development. The Honourable member regretted the fact there is no Federal presence in Dukku/Nafada Federal constituency and as a result, little or no development in the area. The establishment of a Federal Polytechnic according to Hon. Aishatu Dukku would “no doubt bring the much needed development to the area.” Speaking in a dissenting tone, the President of the Academic Staff Union of Universities (ASUU) Professor Biodun Ogunyemi expressed a “heavy heart” that there are plans to establish new universities when nothing is being done about the existing ones. The ASUU President decried the fact that current Federal Institutions are under-funded and the Federal Government is also considering the imposition of tuition fees hence 4 querying the rationale behind the establishment of new universities. In a direct rebuttal of this position, Hon. Uzoma Nkem-Abonta (member representing Ukwa East/) of Abia State stated that Federal character demands that all states should be entitled to a Federal Polytechnic so shutting some states out of it would amount to abuse of equity. Speaking one after the other, Vice Chancellors of the Universities whose Acts were to be amended all lent their voices in support of the amendments, but the Vice Chancellor of the University of Maiduguri, Professor Ibrahim Njodi went further to decry why sponsors of Bills do not deem it fit to consult with the Universities before embarking on such amendments. According to the Vice Chancellor, such consultations would reveal more important areas that may need amendments because the universities know what they lack. Rounding up, the Chairman of the Committee, Hon. Suleiman Aminu said the work of the Committee would be “thorough, fair and objective” while also stating that the “necessity and cooperation of the host states would be deciding factors.” General Remarks: The Department of Legislative Support Services had Dr M.O Amali, Ngozi Nwafor-Orizu and Doris Aaron billed to attend this hearing. The group had prepared a memo for presentation on the establishment of the Federal University of Education, Nsugbe but could not proceed with it because it had been overtaken by events at the House. Dr Amali and Doris Aaron were in attendance, and the take-away from the hearing both staff jointly agreed on was that argued by the Vice Chancellor of the University of Maiduguri that sponsors of Bills should embark on proper consultations with the primary ‘beneficiaries’ of such proposed Bills before pushing for such. As the capacity building body of the National Assembly, the National Institute for Legislative and Democratic Studies should incorporate this into any induction manuals/trainings for legislatures the Institute embarks upon.

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REPORT OF PUBLIC HEARING ORGANISED BY THE SENATE COMMITTEE ON TERTIARY INSTITUTIONS AND TETFUND ON THE 30TH DAY OF OCTOBER 2018

Venue: Conference Room 028, Ground Floor, New Building Extension, House of Representatives, National Assembly Complex, Abuja. Date: 30th October 2018 Officers in Attendance: Dr. Samuel Oguche; Mr Olawumi: Doris Aaron.

1.0. BACKGROUND The Senate debated the general principles of the bills under consideration and committed them to the Committee on Tertiary Institutions and TETFUND for further legislative action. Following the said committal, the Committee organised public hearing on the bills on the 30th day of October 2018 at the Senate Conference Room 231. As part of the efforts of the Institute to facilitate support for committees and enhance legislative process, a delegation was sent to participate in the public hearing. The public hearing was in respect of five bills, which are: 1. Federal Polytechnic Daura Katsina State (Establishment Bill) 2018– Bill No: SB.465 2. Federal University of Education Aguleri (Establishment Bill) 2018 – Bill No. SB 653. 3. National Institute of Construction Technology and Management, Uromi, Edo State (Establishment Bill) 2018– Bill No. SB 630 4. Federal Polytechnic Ikom, Cross River State (Establishment Bill) 2018 Bill No. SB 672 5. National Board for Technical Education Act (Repeal & Re-enactment) Bill 2018. Bill No. SB 560 2.0. COMMENCEMENT The public hearing commenced at about 1:30 pm with National Anthem. 2.1. Remarks by the President of the Senate The President of the Senate, represented by Senator Philip Aduda, commenced by thanking the Committee Chairman for the invitation extended to him to participate in the public hearing for further consideration of the five significant bills. He stated that the aim of the public hearing was to bring the various stakeholders together to dialogue and consider the provisions of the bills, which are designed to ensure availability of 6 quality education to all the regions of Nigeria. He lamented that educational standards have been on a downward trajectory over the last few decades, which has been a major cause of concern for all who want the best for the future of Nigeria. He noted that having regard to the various barriers to learning such as out-dated curriculum and significant deficit in infrastructure and the necessary facilities to cater for students entering into higher institutions in Nigeria, the public hearing would be crucial to the revival and sustenance of the education sector. He enjoined participants to ensure that the provisions of the listed bills received due attention in order to achieve their objectives. He further assured participants that their comments would be taken very seriously in the consideration of the bills. He stated that the Senate remains committed to transforming the education sector through the law-making function. He finally declared the public hearing open and wished participants successful deliberations. 3.0. DELIBERATION ON THE BILLS a. Federal Polytechnic Daura Katsina State (Establishment) Bill 2018– Bill No: SB.465 Various stakeholders were invited to speak on the bill. It was observed that many participants from Katsina State were present, especially from Daura Caliphate. The contributions of the stakeholders were as follows: Sponsor: Senator Ahmed Kaita (Katsina North) He said Daura is one of the oldest constituencies and a historical town does not have any tertiary institution. He informed participants that this public hearing is a process that would see to the actualisation of the establishment of the institution. He said Daura is one of the areas in the State that does not have presence of any tertiary institutions. Other participants from Katsina State spoke in favour of the bill and disclosed that Daura as one of the oldest towns in the country has no federal government tertiary institution like other zones in the State. They all asked the Senate to give the bill an accelerated consideration to see to its quick passage. b. Federal University of Education Aguleri Anambra State (Establishment) Bill 2018 – Bill No. SB 653 Chairman (Represented by the vice Chairman of the Committee, SenatorTijjani Yahaya) Senator Victor Umeh to make remarks Senator Victor Umeh (Sponsor): He said that the bill was brought to the Senate around April this year and it has passed through first and second hearings. It was gazetted in 7

July, so it is obvious that the bill has received accelerated hearing at the Senate. Senator Umeh disclosed that the bill was sponsored by him and Senator Stella Odua. He lamented that there is mass failure in WAEC and similar examinations due to lack of well-trained teachers. He said many students that were successful in JAMB Exams this year could not secure admission into Universities due to failure in mathematics. He said one of the objectives of the institution is to produce socially mature educated men and women with capabilities; to act as agent and catalyst for effective educational system; to bring quality change in education by focusing on teacher education; to collaborate with national and international institutions in education advancement, etc. The enactment of this bill will transform educational fortune of this country. He called on all present to consider the plight of the people who are in need of educational advancement. He disclosed that the Aguleri community that has gone through series of wars is in need of an educational institution. He said the Aguleri community is the only zone in the state without an educational institution. He said the school would be a training ground for teachers, as there are no many specialised institutions in education in Nigeria. The host community has donated over 100 hectares of land for the take-off of the institution. He pointed out that the presence of many officials of the Anambra State Government is a pointer to the priority placed on the bill. He expressed the hope that at the end of the public hearing, the bill will go to the final stage that is the eventual passage of the bill. Prof. Kate Azuka, Commissioner for Basic Education, Anambra State: She restated that education being the bedrock of the society has teachers at its heart. In many countries of the world such as Singapore, Canada, Finland, etc. education is excellent because of the quality of the teachers in those countries. She reminded participants that the Hon. Minster of Education has declared state of emergency in education. Nigeria does not have s formal process of selecting teachers. In most universities, students are pushed into faculties of education when their preferred choices elude them. In the countries mentioned above, only the brightest of the students are allowed to study education. The challenges facing education in Nigeria necessitates the urgent need for establishment of this University. Another problem is that ICT has not been mainstreamed into teacher education in Nigeria. These challenges can be overcome by establishing a specialised education University like this bill seeks to establish. She expressed sincere hope that quick 8 passage of the bill will be of immense help to Nigerians generally and Anambra in particular. His Royal Majesty, Eze Christopher: He said that his coming is to inform the committee that Aguleri is fully in support of this bill seeking to establish this University. He said Aguleri is the only zone in the State without any federal presence in terms of educational institutions. He said the land donated by the Community is about 155 hectares, with adjoining land. He said Aguleri has vast agricultural land, with enough food at cheap prizes which would make life meaningful for staff and students of the proposed university. He disclosed that Aguleri and Umuleri are now peacefully living together. He said the entire people of Aguleri are in full support of the establishment of the University. He thanked the Committee for the public hearing. Prof. Obiekezie Theresa Nkechi (Commissioner for Education, Anambra State): She supported the proposed bill. She disclosed that in Anambra State, the state government is managing about 258 secondary schools, apart from thousands of private primary and secondary schools. The problem is about who the teachers in these institutions are. He said the curricular in these schools do not take vocation and technical knowledge into account. This gap is expected to be filled by the proposed university, in such a way that after graduation, graduates would not be waiting for government jobs but would be employers of labour. She said Aguleri is bounded by states such as Delta, Kogi, and others, which has federal character already. Okechukuw Odili, Chief of Staff to the Governor of Anambra State: He said the Governor is interested in the establishment of the University and is already making plans towards the perimeter fencing, senate building, hostel to house 3000 students. Plans are also in the offing for access road, all waiting for passage of the bill. He said the government of Anambra State is fully ready for the take-off of the University. Nobody spoke against the bill. c. Federal Polytechnic Ikom, Cross River State (Establishment Bill) 2018 Bill No. SB 672 Senator John Enoh (Sponsor): If there is any senatorial district that deserves establishment of a higher institution, it is Cross River Central. Ikom does not have any higher educational institution. This legacy of the 8th Senate is monumental in view of the centrality of this institution to the lives of the people of Cross River Central. He said Ikom is about 20 kilometres from the internationally recognised boundary between 9

Nigeria and Cameroun. Consequently, the institution would be an international one that would be in the overall interest of Nigerians generally. Major Gen. Uso Ojiji (Rtd): He said this bill is highly commendable and brings joy to the people of Ikom generally, going by its history and economic life. He restated that Ikom is one of the oldest local governments in Nigeria but its citizens have to move to other parts of the country in pursuit of education due to unavailability of a tertiary institution in the area. This bill is apt and will go a long way in boosting educational and economic lives of the people. He finally called on his people to give a standing ovation to Senator John Enoh. Barr. Lawrence Alobi (COP Rtd): He also thanked the Sponsor of the bill for his efforts in solving the problems of his people. He also expressed belief that this bill would go a long way in positively affecting the lives of the people of Ikom. He said the establishment of the institution would lead to wealth and job creation that would help in enhancing the living standard of Nigerians. His Royal Highness, Manyo Baken, the Paramount Chief of Ikom Central: He said Ikom is the oldes LG in Cross River State. He said Ikom has never been involved in tribal wars, and that government structures are well maintained in Ikom. He assured the Committee that the traditional rulers are working in terms of security. He said the community has facilities to ensure take-off of the institution and that land is readily available for the institution. Major General Moses Obi (Rtd): He said the nature of this Committee does not need long speeches to convince the committee on the importance of education. In terms of citing the institution in Ikom, he said Ikom is right at the centre of Cross River State. He said over 90% of farm produce in Cross River such as Rubber, Plantain, Cocoa, etc., comes from Ikom. He said Ikom serves Ebonyi, Abia, other parts of Cross River, international community, and other states. This underscores the centrality of the proposed polytechnic. d. National Institute of Construction Technology and Management, Uromi, Edo State (Establishment) Bill 2018– Bill No. SB 630 Justifying the need for a legal framework establishing the Institute, Senator Ordia reiterated the importance of technical education, especially in the area of construction in creating jobs for the teaming youth of Nigeria. He stressed the fact that the Institute has been in existence but without an enabling law, hence the need for this bill. 10

Engineer Sunday, the current Rector of the Institute also seconded what Senator Ordia said and added that the Institute is already making plans to build a permanent site. He stated further that a large portion of land had already been donated for the building of the permanent site by late Chief Tony Anenih. He added that four (4) programmes of the Institute have been accredited. Speaking further, he disclosed that there are about 20 workshops in the Institute handling different aspects of construction programmes. A department of Management Studies has also been introduced to teach the students management and entrepreneurial skills. The Rector therefore pleaded for the speedy passage of the Bill to enable the Institute to have the needed legal framework with which to operate. The chairman of the Committee gave opportunity for dissenting views on the bill but there was none as all spoke in favour of quick passage. 4.0. CLOSING The Committee Chairman adjourned the public hearing sine die and the hearing ended at about 4:00pm.

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MEMO TO THE HOUSE COMMITTEE ON THE FEDERAL ROAD SAFETY COMMISSION ON THE PUBLIC HEARING ON A BILL FOR AN ACT TO REPEAL THE FEDERAL ROAD SAFETY COMMISSION (ESTABLISHMENT) ACT 2007 AND ENACT THE NATIONAL ROAD SAFETY COMMISSION (ESTABLISHMENT) ACT 2018

Prepared by: Dr. Bethel Ihugba: Adaobi Ofordeme; Ngozi Nwafor-Orizu

In Response to your call for a Memorandum on the National Road Safety Commission Bill, 2018, See below our contribution, on behalf of the National Institute for legislative and Democratic Studies. PURPOSE OF THE BILL: The Nigerian Road Safety Commission Bill 2018, seek to (a) Repeal the Federal Road Safety Commission Act 2007 (b) Enact a National Road Safety Commission Act. It is also a consolidation of most existing road safety related Laws. These include; i. FRSC (Establishment) Act 2007, ii. Road Traffic Act, Cap 548 LFN 1990, iii. Sections 5-19; 26 and 27 (Safe Sections 27(4) (10) (11) and 16 of the Federal Highways Act). (c) Provide for management, prevention and minimisation of traffic clashes (d) Provide for supervision of road users. (e) Provide for regulation of traffic. (f) Provide for clearing of obstruction on roads. (g) Provide for the education of drivers, motorists and the general public on the proper use of the roads. EXISTING LEGAL ORDER: The Laws relating to Road Safety are those which this Bill seeks to repeal and consolidate into one Act. These are: FRSC (Establishment) Act 2007; Road Traffic Act, Cap 548 LFN 1990 and Sections 5-19; 26 and 27 (Safe Sections 27(4) (10) (11) and 16 of the Federal Highways Act). RECOMMENDATIONS: Section 11 (5) (g) – Since the Commission has been empowered to stipulate duration, it should only provide for minimum and allow the Commission to provide for maximum 12 duration. This is bearing in mind that in most jurisdictions, driving licence is for life. Owners may however return licences for changes in name and address. This should be made a requirement. Upon change of address, within one week, an applicant should submit his old licence for change of address at a token fee. This will ensure that details of road users and drivers are up to date. Section 11(10)(j) – The Commission must endeavour, using the driver’s licence details or other ID cards of the driver or passenger to locate the owners of the items and property and return same to them or invite them for identification and collection. The Commission must make efforts to ensure safety of lives and property on the road. Section 11(10) (i) – Driving a vehicle with tinted glass shall not warrant an arrest. The driver or owner of the vehicle should be given a time within which to provide a permit while his/her licence is with the Commission or to remove the tint. Section 11 (Government Treasury): All the places where the words “government treasury” appear, particularly in Clause 11 of the Bill should be changed to read federation account in consonance with section 162 of the Constitution of the Federal Republic of Nigeria, 1999 as amended. Sections 22-24 - Central Database, to be judiciously applied by the Commission in identifying and tracing ownership of licences etc. Section 25(2) – This clause should also include when accompanied by a person with a valid driver’s licence that is at least one year old. Section 34 (b) – The driving of animals should be defined; such as horse – ploughing, cattle, etc. This should not include herding. Herding in public roads should be prohibited. Exception may include designated routes in farm settlements and for a maximum distance of 1 mile – from one farm settlement to another (Ranch). Section 41 – No time to produce document. FRSC should have a database and have hand-held devices that could be used to ascertain authenticity of documents or ownership of ID cards where an individual has a proof or ID or at least one document. Section 41(1) – or proof of sale by owner – provision of ID card to be used to check on the Commission’s database. “Not being in possession should not constitute an offence by itself.” Section 53 – Submission shall arise upon application for new fiscal permit; otherwise an expired permit becomes useless. It is unnecessary administrative cost to be collecting expired document. A database should exist to identify subsisting and expired documents. 13

Section 56 – To be done by local vehicles only. Section 68 – Should be extended 24 hours or at least from 6am to 10pm daily, including weekends and public holidays. It should be noted that most people, especially long distance travellers, travel at weekends and public holidays. It will therefore be undue punishment to deprive them of their vehicles if they could meet the requirements to collect same on the same day or as soon as they can. There should be officers at each Vehicle Removal Park at every hour of the day with authority to release vehicle to persons who have complied with stated requirements. Section 6a – There is a wrong presumption that the owner knows the person that has taken the vehicle. This will discourage people from reporting stolen vehicles or be forced to accuse innocent persons without proof just to avoid sanction. This provision should not be sanctioned. Report of stolen vehicles and provisions of all available information should be enough. Section 70(b) – Prescribed identification mark should be clearly stated to be limited, other than car registration number, to commercial vehicles. Introducing other identification marks for private vehicles is undue financial burden to motorists. This is not done in any other free society. Section 75(1) – Power of the Corps Marshal to make regulations should be made subject to the approval of the Commission as established under Clause 1. Section 83(1) (c) – Calling or texting the Commission’s approved numbers shall suffice. The road user should not be made to do the job of the Commission. Section 87(a) – Does it mean that this type of vehicle will not receive an international licence – fiscal permit. A vehicle passing through should be allowed. Countries like the United Kingdom allow such, especially for countries with free entry. For a vehicle imported into the country by a resident, a time limit should be provided within which the steering wheel must be changed or taken out of the road – six months. Section 90 – Speed limiting device should be limited to commercial vehicles, trucks, etc. Private vehicles should not be subjected to that. It should be optional for private vehicles. However, the Commission should enforce speed limit. The Commission should not be reduced to a self-service or drive through – road safety service. Section 92 – or provide him with the Commission’s office nearest to his destination or residence where the licences can be retrieved. This is to be written in the receipt, duplicate of which the Commission shall keep. 14

Sections 68/93 – If there is a limit of hours within which the default must pick his/her vehicle, then why not make the recovery open for 24 hours. The provision of this clause conflicts with Clause 68. To remedy the provision, the Vehicle Removal Park should be open 24 hours or at least between the Hours of 6am to 10pm daily. A point system to be developed for which a driver’s licence may be suspended or revoked and the owner made to undertake a driving licence test - after expiration of the suspension – to acquire a new licence. The new licence to state it is new upon revocation. For this category, a driving test is enough. A proof of driving school pass is not necessary.

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REPORT OF THE PUBLIC HEARING ON A BILL FOR AN ACT TO REPEAL THE FEDERAL ROAD SAFETY COMMISSION (ESTABLISHMENT) ACT 2007 AND ENACT THE NATIONAL ROAD SAFETY COMMISSION (ESTABLISHMENT) ACT 2018.

Venue: Conference Room 028, Ground Floor, New Building Extension, House of Representatives, National Assembly Complex, Abuja. Date: Wednesday 26th November 2018 Time: 10:00 AM Officers in Attendance: Dr. Bethel Ihugba; Adaobi Ofordeme; Ngozi Nwafor-Orizu.

This public hearing was called by the House Committee on Federal Road Safety Commission, under the Chairmanship of Hon. Yunusa Abubakar. The public hearing was well attended. Over 15 stakeholders were present while about 7 written submission were made. The Honourable Speaker House of Representatives was represented by deputy minority leader – Hon. Chuma Onyema. The hearing was divided into two session. The Opening ceremony and Technical session. During the technical session, presentations were taken according to submissions by stakeholders. The Minister of Transport, represented by a Permanent Secretary, requested that his input be deferred until when he is able to contribute to the Bill. It was agreed that the minister be given time to make his submission. Afterwards, the Corps Marshall spoke on the roles and functions of the FRSC. He spoke on the enlightenment initiatives of the FRSC – e.g. Establishment of Radio State. He noted that enlightenment and education is more important than imposing sanction. He however, highlighted that there is nothing in the Bill that conflicts with the power of states. Also that the FRSC and states are collaborating on the issuance of car registration licences and licence plates. Also the Bill intends to increase sanctions to improve their deterrent effects. At the end of the Corps Marshall presentation, Stakeholders were invited to make contributions. The Chairman urged Representatives of stakeholders to make presentations and also allow for and respond to questions and observations from other stakeholders. 1. A number of stakeholders (Transport Commissioners of States) requested for time to send in their written inputs. 16

2. Committee consequently expanded the time limit for submissions of memoranda from stakeholders to extend to Friday to enable the committee consider all submissions. 3. The Chairman, Rules and Business Committee of the House, assured the stakeholders at the public hearing that the House will diligently and expeditiously deal with the Bill. In all, seven memoranda were presented. In summary, the memorandum recommended the following: 1. Conference of Directors/ Chief Road Traffic Officers (VIO) : This group suggested the following amendments to the Bill; i. The Bill should be referred to as the Federal Road Safety Commission Bill and not Nigeria Road Safety Commission. This is in recognition that the National Assembly only has exclusive jurisdiction to make law on federal Trunk roads and concurrent jurisdiction on interstate roads. Accordingly as is the law with the naming of federal agencies, the appellation is Federal and Not Nigeria. Only bodies to which states have no jurisdiction to make law that the appellation Nigeria can be attached. ii. Similar observation was made on Clause 5 of the Bill on Vehicle registrations, driving schools etc. These ar4e areas where the Federal and States have concurrent jurisdiction, accordingly the Bill should arrogate exclusive jurisdiction to the FRSC. iii. Clause 11(d) in accordance with section 4 and legislative list should be limited to empowering the FRSC to have exclusive right to design uniform drivers licence and plate numbers while states can produce same and issue to drivers. In general, the Conference of Directors observed that several provisions of the Bill run afoul of the law and do not recognise Nigerian Federalism and legislative list. These provisions includes clauses 29, 34, 75 and 96. The accordingly recommended redrafting of these provisions to align same with the Constitution of the Federal Republic of Nigeria. 2. National Institute for Legislative and Democratic Studies. The Institute made its own observations and recommended. The recommended involved making some corrections to about 16 Clauses of the Bill. This is contained in the Memo attached herein.

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3. National Union of Road Transport Workers: i. To enhance the provision on time limit to be on the steering for long distance journeys, they urged the committee to recommend to the government to build truck parks to enable drivers safely observe the resting times. ii. The Bill should be mindful of duplication of functions between the FRSC, VIO and other state agencies. 4. Road Transport Employers Association of Nigeria: a. Commended the establishment of the Road transport safety standardisation scheme (RTSS) and the Driving School Standardisation Programme (DSSP). They were in full support of the Bill. 4. Association of Driving Instructors of Nigeria: The association made some observations and recommendations including: i. FRSC should not train drivers but train driving instructors. ii. That Clause 11 be amended to make validity period of Drivers Licence as 3 years for new drivers and 5 for renewal. iii. FRSC to be responsible for certification of Fleet operators and Accredited Driving Schools for training driving of Fleet Drivers. iv. Other recommendations includes correction in Clauses 28, 31, and 33. 5. Accident Prevention and Rescue Initiative: The Accident Prevention and Rescue Initiative was of the opinion that the Bill as it stood was unnecessary. The particularly observed that the Bill seems to have ignored the provisions of the legislative list and constitutional provisions on legislative powers between the state and the Federation. The recommended that the Bill should rather aim at reducing the power of FRSC and allowing the states to exercise their constitutional powers and to further expand same. They argued that this expansion will cause more confusion in the implementation of the law and probably lead to more accidents. 6. National Association of Road Transport Owners (NARTO). The NARTO made observation regarding the following clauses: i. The Board of the FRSC should be expanded to include stakeholders from NARTO and NURTW. ii. The provision on bearing arms should be deleted as it is too risky to arm any more security agency, especially as FRSC was not a security agency in law. iii. Liability for damages to roads or bridges should not be on vehicle owners but on drivers. 18

GENERAL OBSERVATIONS At the conclusion of presentation by stakeholders, a representative of the United Nations, the Head of the United Nations Delegation in Nigeria, was invited to make observations on the presentations. The head of the delegations commended the committee for the initiative to update and improve the FRSC to best practice standard. He noted that the UN has recently risen from a meeting on the importation of effective regulation of road transport to protect the lives of people and improve wel