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NATIONAL ASSEMBLY DLSS LAW INFORMATION BRIEF No. 1, January 2019 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 Nigeria 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) 2 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 Abiriba in Abia State, 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 Akwete 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 Abubakar Tafawa Balewa 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/Ukwa West) 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. 5 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 Anambra State (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
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