Chairman, House of Representatives Committee on Treaties and Agreements, Hon.Yacoob Bush-Alebiosu, in this interview with Festus Akanbi says failure to domesticate some of the treaties, which Nigeria is signatory to, is robbing the country of vital gains from such international cooperation. Excerpts:

Why has it been difficult for Nigeria to implement some of the treaties and agreements signed with other members of the international community?

The committee I chair is a new committee of the house and it is a pioneer committee. We are dealing with a lot of issues and the house deems it necessary to put the committee in place because of the lackadaisical attitude with which the country has been dealing with some of the treaties it signed. Sometimes, I wondered if those that signed the treaties on Nigeria’s behalf really have a good understanding of the documents they signed. For example, they are talking about the small arms treaty, it still hasn’t been domesticated. Nigeria is a signatory to over 400 treaties and we have a record of less than 250 and I doubt if up to 30 has been domesticated
. The reason why the family members of the victims of the Dana crash were able to get any form of compensation was because that treaty was domesticated, which means it becomes legal here in Nigeria. If it hasn’t been so, it means all the family members would have to go abroad to file a suit or it would mean the airlines won’t be offending any law of the land if it had refused to pay. So, it makes you wonder what is the rational for signing these treaties. Another example is the BASA treaty. I believe it was looked at in good faith, but the question is, are we benefiting from the treaty? This is not peculiar to Nigeria but the failure to take the right step is what is peculiar to Nigeria. South Africa refused to renew some treaties because it asked the question, how has these treaties benefitted us? In spite of the ECOWAS treaty, Ghana has been able to put some measures in place in order to ‘municipalise’ the treaty. For instance if you are going to Ghana from Nigeria, you have to be prepared to invest not less than $300,000. I have heard people say this is unfair? I disagree. They are only trying to protect Ghanaians and they have accepted that you are free to come and invest without restriction in adherence to ECOWAS treaty.

If you fly to United Kingdom now and you land in Heathrow, if you are going to Manchester, you have to patronise their local airlines by taking a local flight, which means you are helping them to build their local aviation industry but here you see international airlines flying directly to Enugu and Portharcourt. What it means is that it has taken away from local market and this is why if you look round you begin to wonder how come the lifespan of these local airlines are not more than two or three years before they fold up or bought over. How do you expect these airlines to break even? They are bound to cut corners and in doing so safety standards are compromised and that is when you will see air crash happening.

What is the state of the Tobacco Control Bill, which you sponsored?
It has scaled through the first and second reading and it is presently at the committee stage for hearing but there has been a backlog of bills referred to the committee. I believed the public hearing for the Tobacco Control Bill should be announced very soon.

How confident are you that the bill will get the concurrence of the Senate?
The bill is Tobacco Control bill and it is not to witch-hunt the tobacco companies but it’s looking at achieving a few things. One of these is how to get tobacco out of the hands of the young ones. Members of the Senate are parents and everybody is a parent in the house of reps so I think from that angle, nobody should have any problem with the bill or its concurrence in the Senate.

What happens to the treaty regulating the sale of tobacco products?
You are referring to the framework on Convention on Tobacco Control, which is a guideline on how to control tobacco in the way it is sold in municipalities as they say the world is a global village and Nigeria is a signatory to that convention. The first robust bill on the subject matter was sponsored by Senator Mamowora and it passed through both houses but unfortunately, the executive refused to assent to it.

However, there were a few things which were absent in the last bill which we are now planning to reintroduce. For instance, we are looking at licensing. Who are those that have something to lose, we want to see who is more careful. Today, you can decide you want to sell tobacco and you can just do it but we are saying now you have to be licensed. If we say we want to control how it is sold to young children, if we say we do not want young ones to touch tobacco products, how do you achieve that in the position it is now?

How do you guarantee that roadside marketers or those who sell cigarettes in traffic conform? In Lagos today, you can buy cigarettes on the road, so how are you sure they will not sell to under-ages? That is why we are introducing licensing into it so that if you want to sell or trade in tobacco, you have to be licensed and you know when you flout the laws, there will be a strong penalty recommendation.

As we all know, nicotine is the most addictive substance in the world today much more addictive than alcohol and heroine which we all fear. Should it be sold loosely on the street? The FCTU just give a guideline to help you regulate the sale of cigarette in your localities and we have borrowed a few recommendations from there. It is a treaty but the question is how do we localise it? For example, what happens in Lagos does not happen in Kano so we have come up with a framework on how the convention on tobacco can be effectively adapted in Nigeria.

Can we say that the decline in revenue is behind the reluctance of the executive to sign the bill in its earlier format, considering the huge tax paid by tobacco firms in Nigeria?
What we have come up with has nothing to do with an attempt to chase out tobacco firms from the country. Like I said, we are seeking to achieve certain things and the duty of any government is to protect lives and properties. Adult are old enough to make rational decisions and say I’m ready to take the risk but what about that youngster who sees it as a thing for the adults? How do you protect that youngster? And don’t forget that we are dealing with so many diseases. A recent report said eight million Nigerian die of cancer annually. It did not specify the kind of cancer that killed these people. It’s a matter of control and we have not said tobacco should be banned in Nigeria. There is control in other countries, so what makes our own different? They are also dealing with economic issues. It is a global problem and so it is not peculiar to Nigeria. So if they were able to fight and tackle the issue there, we should be able to do so here.

Can you throw light on your effort to compel airlines to be accountable for any delay or inconvenience caused their passengers?
We are working on a new bill, it has been approved and it has been sent in for gazette. I believe the first reading will come up anytime from now. It’s called the Customer Compensation Bill or Consumer Compensation Bill, whichever way you want to look at it. There is this unaccepted attitude of operators in the aviation industry where passengers are treated shabbily.
Nobody will book flight to the next destination for no reason. When you travel through aeroplane it means you have a specific target. When you buy flight tickets, it means an agreement has been reached. When you sell your ticket to me, it means your plane will leave at a particular time but when flights are delayed, what you get is we are sorry. How fair is that? For some airlines, you can’t get your money back and the highest you can get is a refund after two weeks or months and we are saying this is not acceptable. Passengers put their luggage in the care of airlines and during flight the luggage are damaged and all you get is sorry, we are saying they should be held responsible and that is what this bill seeks to achieve, taking responsibility for your actions.

How far have you gone with the bill on the sale of energy drinks in the country?
That one is also at the committee level, it is receiving attention. It is the Caffeinated Energy Motion. It is a motion on caffeinated energy drinks. We discovered that there are over 300 energy drinks being sold in the country of which more than half are unregistered by NAFDAC. I have suffered from the proliferation of such energy drinks in Nigeria where I was close to losing my life but I was fortunate to have family members and friends coming to my support by paying my medical bills. I was extremely lucky to have gotten away with this. I therefore feel it would be ungodly of me to keep this experience to myself. I feel I needed to do something as a representative of the people by saying we need to monitor the sale of these products very closely and you will discover that those falling victims are those who do not like alcohol per se. People are misinformed thinking energy drink is a think of class. When I came up with this motion, some people thought I was crazy.

But what is the role of NAFDAC in this?
Unfortunately, these things are still finding their way into Nigeria. If they are being sold in the market and they are not registered with NAFDAC, how are they finding their ways into the market? This is one of the reasons we say there is need for investigation. If they are found to be dangerous then the government has to do something.

On Thursday, 20^th February, 2014, the Nigerian government
announced the suspension of the Central Bank Governor, Lamido Sanusi. Not only
did it come as a shock to many but it also resulted into a large debate and social
commentary on the whether the President has the power to suspend the CBN
Governor. The relevant provision of the law that deals with this matter is the
Central Bank (Establishment) Act, 2007 which was signed into law by then
President Olusegun Obasanjo.

Section 11 of the CBN Act provides for the disqualification and cessation
of office of the Governor, it provides that;

(1) A person shall not remain a Governor, Deputy Governor or Director
of the Bank if he is-

(a) a member of any Federal or State legislative house; or

(b) a Director, officer or employee of any bank licensed under the
Banks and Other Financial Institutions Act.

(2) The Governor, Deputy Governor or Director shall cease to hold
office in the Bank if he-

(a) becomes of unsound mind or, owing to ill-health, is incapable of
carrying out his duties;

(b) is convicted of any criminal offence by a court of competent
jurisdiction except for traffic offences or contempt proceedings arising in
connection with the execution or intended execution of any power or duty
conferred under this Act or the Banks and Other Financial Institutions Act;

(c) is guilty of a serious misconduct in relation to his duties under
this Act ;

(d) is disqualified or suspended from practising his profession in
Nigeria by order of a competent authority made in respect of him personally;

(e) becomes bankrupt;

(f) is removed by the President:

Provided that the removal of the
Governor shall be supported by two-thirds majority of the Senate praying that
he be so removed (emphasis supplied).

Apparently, the provision of the
law on this topic is clear, however, it is expected that if the suspension is
challenged in court, the honourable court will further shed more light on the
validity of the order and if the president does in fact have the powers to
suspend Sanusi Lamido. 

The section further provides
that;

(3) The Governor or any Deputy Governor may resign his Office by giving
at least three months’ notice in writing to the President of his intention to
do so and any Director may similarly resign by giving at least one months’
notice in writing to the President of his intention to do so.

(4) If the Governor, any Deputy Governor or Director of the Bank dies,
resigns or otherwise vacates his Office before the expiry of the term for which
he has been appointed, there shall be appointed a fit and proper person to take
his place on the Board for the unexpired period of the term of appointment in
the first instance if the vacancy is that of-

(a) the Governor or a Deputy Governor, the appointment shall be made in
the manner prescribed by section 8 (1) and (2) of the Act.

Section 8 provides that;

(1) The Governor and Deputy-Governors shall be persons of recognised
financial experience and shall be appointed by the President subject to
confirmation by the Senate on such terms and conditions as may be set out in
their respective letters of appointment.

(2) The Governor and Deputy Governors shall be appointed in the first
instance for a term of … years and shall each be eligible for re-appointment
for another term not exceeding five years:

Provided that, of the first four Deputy Governors to be so appointed,
one shall in the first instance be appointed for three years and two shall in
the first instance be appointed for four years.

(3) The salaries, fees, wages or other remuneration or allowances
including pension and other allowances payable to the Governor and to the
Deputy Governors shall be as stipulated from time to time by the Board subject
to the approval of the President.

(4) The Governor shall appear before the National Assembly at
semi-annual hearings as specified in paragraph (b) regarding-

(a) efforts, activities, objectives and plans of the Board with
monetary policy; and

(b) economic development and prospects for the future described in the
report required in subsection (5) (a)
of this section.

(5) The Governor shall, from time to time-

(a) keep the President, informed of the affairs of the Bank including a
report on its budget; and

(b) make a formal report and presentation on the activities of the Bank
and the performance of the economy to the relevant Committees of the National
Assembly.

Adedunmade Onibokun

@adedunmade

According to the Criminal Code Act, CAP C38, Laws of the Federation of Nigeria 2004, a “public official” means any person employed in the public
service or any judicial officer who may be a member of a customary court; juvenile
court; an arbitrator, umpire or referee; a person called upon to serve as an
assessor in any civil or criminal proceedings; a jury; a member of a tribunal
of inquiry constituted under the Tribunals of Inquiry Act; and any person
before whom, under any law in force in Nigeria or any part thereof, there may
be held proceedings in which evidence may be taken on oath.

The Criminal Code in Section 98 defines official corruption by public
officers to mean acts where a public official invites bribes, etc., on account

It is also an offence for person
on behalf of a public official to agree to commit the above stated acts and it’s
no defence in court that the act was never carried out or never intended to be
carried out. If particularly, a police officer or other public official whose
duties involve – the act to arrest, detention or prosecution of any person for
an alleged offence; or the investigation of an alleged offence, when prosecuting
the official in court, it makes no difference if the officer actually believed
that the offence he was arresting or failing to arrest someone over had been
committed. 

Under Section 98A, any person who
‐ corruptly gives, confers or procures any property or benefit of any kind to,
on or for a public official or to  any
other person; or corruptly promises to do so is also guilty of the felony of
official corruption and is liable to imprisonment for seven years. The provision
of this law also applies to instances when such person is seeking to procure a
government license or contract from the public official. However, no
proceedings shall be brought against a judicial officer except on a complaint
or information signed by or on behalf of the Attorney ‐ General of the
Federation or by or on behalf of the Attorney‐General of the State in which the
offence is alleged to have been committed.

Section 99 also prohibits Extortion by public officers and any
person who, being employed in the public service, takes, or accepts from any
person, for the performance of his duty as such officer, any reward beyond his
proper pay and emoluments, or any promise of such reward, is guilty of a felony
and is liable to imprisonment for three years. When public officers also give
government contracts to companies that they have direct or indirect stake in
except where such company is a joint stock company with more than 20 members, he
shall be guilty of a felony and is liable to imprisonment for three years and
to be fined at the discretion of the court. The offender cannot be arrested
without warrant. 

Public officers according to
Section 103 who make false claims in other seek compensation are guilty of a
felony and liable to imprisonment for three years.  By virtue of Section 104 any person who, being
employed in the public service, does or directs to be done in abuse of the authority
of his office, any arbitrary act prejudicial to the rights of another, is
guilty of a misdemeanour and is liable to imprisonment for two years. If the
act is done or directed to be done for purposes of gain he is guilty of a
felony, and is liable to imprisonment for three years. The offender cannot be
arrested without warrant. 

Impersonating a public official
is a felony and is liable to imprisonment for three years. Where a person falsely
personates a member of the armed forces of Nigeria, such person is guilty of a
misdemeanour and is liable to imprisonment for one year. Any person who also fraudulently
sells such clothing belonging to members of the armed forces shall also be guilty
of the offence.

Adedunmade Onibokun

@adedunmade

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In Lagos State, the law that
applies to tenancy matters is the Tenancy Law of Lagos State 2011 though it
doesn’t apply to every part of Lagos, areas such as Apapa; Ikeja G.R.A; Ikoyi;
and Victoria Island are exempted from the law. Also, residential premises
operated by educational institutes for their staff and students; residential
premises provided for emergency shelters and residential premises providing
rehabilitative or therapeutic treatment are exempted from the Law as well.

The introduction of the Law by Governor
Fashola won the heart of Lagosians because it prohibited property owners from
collecting more than a year’s rent from tenants, it also prohibits the tenant
from offering and if either party are found culpable of such act they shall be
liable to 3 months imprisonment or a fine of N100,000. 00. Section
3 of the Tenancy Law provides that a tenancy agreement exist where premises are
granted by the landlord to a person for value whether or not it is – Express or
implied; Oral or written or partly oral or partly written; or For a fixed
period.

Under the Tenancy Law, tenants
are entitled to quiet and peaceful enjoyment of the premises, this includes;
privacy, freedom from unreasonable disturbance, exclusive possession of the
premises and the use of common areas for reasonable and lawful purposes. But,
tenants also have certain duties and obligations under the tenancy agreement,
which include: 

The Law allows landlords to
collect service charges but states that a separate receipt must be issued for
such payments. Tenants are however entitled to a written account of how
such funds are used. In any case where the landlord or his agent in
addition to rent requires the tenant or licensee to pay;

(a) A security deposit to cover
damage and repairs to the premises;

(b) For services and facilities
for the premises; or

(c) Service charges in flats or
units that retain common parts on the premises, 

The landlord or his agent shall
issue a separate receipt to the tenant for payments received and such tenant
shall be entitled to a written account at least every six (6) months from the
Landlord of how monies paid were disbursed.  

Where the tenant fails to adhere
to the conditions of rent, the tenancy agreement may be terminated by the
Landlord taking possession of the property. The Law also places some responsibilities
and obligations by stating that subject to any provision to the contrary in a
tenancy agreement, the landlord shall;

(a) a week’s
notice for a tenant at will;

(b) one (1) months’
notice for a monthly tenant;

(c) three (3)
months’ notice for a quarterly tenant;

(d) three (3)
months’ notice for a half-yearly tenant; and

(e) six months’
notice for a yearly tenant.