OrderPaperToday – A bill seeking to regulate the activities of Non-Governmental Organisations (NGOs) has surfaced in the Senate.
Before now, there was a bill in the House of Representatives sponsored by the late Umar Jubril (APC, Kogi), introduced on June 2, 2016 “to provide for the establishment of the Non-Governmental Organizations Regulatory Commission for the supervision, co-ordination and monitoring of non-governmental organizations, civil society organizations etc. in Nigeria and for related matters.”
But the bill seemed to have died a natural death due to widespread criticisms bordering on freedom of association and expression as guaranteed by the 1999 constitution of the Federal Republic of Nigeria (as amended).
The civil society community especially mounted a ferocious campaign against the bill even as the House of Representatives clapped back with a resolve to go ahead with its consideration and possible passage. There was a deafening opposition to the progress of the bill at the public hearing organized in December 2017
The report of the public hearing organized by the committee on Civil Society Organisations and Developments Partners chaired by Mr. Peter Akpatason (APC, Edo), has not seen the light of day. The bill may have therefore died a natural death in the House of Representatives.
But at the Senate on Thursday, a bill titled “Establishment of the Federal Charities Commission of Nigeria” and sponsored by Senator Duro Faseyi (PDP, Ekiti) was presented for first reading.
The bill seeks to establish an independent Federal Charities Commission of Nigeria (FCCN) to be saddled with the sole responsibility for “providing regulatory framework, set and enforce institutional standards and administrative mechanisms in enablement of recurrent registry and supervision of charitable and Non-Governmental Organisations in Nigeria.”
Significantly, the bill is also “for strengthening inter dependency of external multilateral and indigenous interventions with a view to developing a viable third sector for public benefit thereby achieving institutional capacity for transparent and sustainable development.”
Below are the general principles of the bill:
OBJECTIVES OF COMMISSION
In section 2 of the bill, the commission will determine the charitable status of NGO in these categories: “registered exclusively for ‘Charity’ and for sole public benefit, must not be associated with any political party, symbol or have activities influenced by a representative of the government, should satisfy the set criteria for public benefit and operate like a company without becoming like one regulated under company laws;
“Should carry out business, enter into contracts, own properties, investments and employ people in their right but must not be the source of personal gain to its Board of Trustees/Directors/Managers. Also, remuneration can be paid for services by staff subject to approval by commission.”
The existence of charitable organizations can only be hinged on “reinvesting profits for continual growth, keep accessible public register of the above charities” while the commission will identify and investigate apparent misconduct in the administration of charities.
STRUCTURE OF THE COMMISSION
The commission will consist of a Chairman, Director General who is thoroughly experienced, appointed by the President on the recommendation of the Minister for Economy, can be removed by the President and has a tenure of four years that is renewable.
The board includes a Secretary and Legal Adviser, a representatives not below the rank of a Director, Civil Liberties organization Representative, a Police Officer in the rank of an AIG, a Local government union representative, a student union representative, relevant permanent secretaries of which they shall all hold office for a term of four years.
COMMISSION’S FINANCIAL PROVISIONS
Under part 7, the commission shall establish and maintain a fund, credited or paid an annual budget allocation from the Federal Government, other sums given to it by the Federal Government, monies from grants in aid, endowments and donations, charges collected by it and interests on monies invested by it.
It may also accept gifts of land, money or other property or things from within and outside the country but on the condition that they are consistent with its function under the act.
It is expected to keep proper accounts or records that will be audited at the end of the year by auditors appointed by the Ministry of Justice with guidelines supplied by Auditor-General of the Federation. Also, there shall be submission of a report including audited accounts of that year not later than six months after the end of the year to the National Assembly.
REGISTRATION AND LICENSING OF CHARITABLE ORGANISATIONS
As contained in part 8 of the bill, there shall be departments in the commission created to register under defined categories specific to the activities of every charitable organizations including churches and other bodies of NGOs.
The following charitable purposes are recognized by the commission; “prevention of relief from poverty such that the service voids the poor from becoming poorer and those at risk of getting poor becoming poor, advancement of (education, religion, health, citizenship or community development, arts, heritage culture or science, public participation in sports), saving lives, provision of recreational facilities for reason of age, ill health,, disability, financial hardship or to members of the public.”
Other services also identified are “advancement of human rights, conflict resolution or reconciliation, unemployment and the efficiency of emergency services, promotion of religious or tribal harmony, tolerance and diversity, relief of those in need by reason of age, ill health, disability, financial disability or other disadvantage and purpose regarded as analogous to any of the preceding purposes” which will allow some flexibility to recognize evolving tenacity in the light of changes in the society.
The commission will also create departments for Orphanages, Mentally Challenged and Elderly care units, Multilateral cooperation to coordinate, streamline and facilitate efforts by foreign and indigenous partners towards achieving its set objectives, Finance and Funds Administration to ensure strict and streamlined funds management system based on matching evidenced projects operations and impact evaluation report.
Additionally, after registration, each charities and NGOS hall be given a charity number and an operational license specific to their scope of activity which will be entered into a national database and provide viable templates of a constitution for becoming charity to enable smooth transitioning.
OFFENCES AND PENALTIES
Provisions in part 9 imposes a “fine of N350,000 or two year imprisonment recommended by the court on any individual or body that is operating as a charitable organisation without licence. This will disqualify such person or body from holding any position of trust in a charitable organization for ten years.”
If one makes, signs or utters any false statement or declaration in response to a request during re-registration processes by the commission, he/she shall be subject to a “fine of N500,000 or imprisonment of three years and not hold any position of trust in a charitable organization for ten years”.
MORE GUIDELINES FOR NGOS
All charitable bodies are required to comply to provision of stipulated fees while traditional, corporate association may be exempted from licencing on the ground that it must not negate the principles of charity.
Also, a registered charitable body that has been in operation “is prohibited from moving or relocating its operational head office, assets, funds, properties, investments away from Nigeria”.
CONDITIONS FOR LICENCE REVOCATION
A licence may be revoked on the threat of security, unity and if its purposes deviate into “selfish or personal gains” or in cases of “gross theft, money laundering and other criminal acts.”
PROCEDURES FOR CHARITABLE GIFTS
Labelled Part II, the bill stipulates that “all charitable gifts in cash, asset, commodities, securities, investment must be declared and recorded by all charitable organisations in Nigeria.”
It also indicates that “gifts to leaders of religious organisations shall follow specific guidelines” in a bid to “curb corrupt practices, vain material profligacy and personal enrichment to the detriment of the general public”
In short, the gifts are to be declared and if they are perishable items, “half of such will be shared equally amongst all the religious officials of such religious association whilst the remaining half donated to the local community’s charitable organization for upkeep of the Orphans, Mentally Challenged and Elderly.”
But if the gifts are in form of assets or investments, “it shall be held and managed by a single ‘body or trust’ on behalf of that religious association where in proceeds are shared in such proportion defined within this part.”
Non-compliance to the above will attract a penalty deemed by the commission.
Finally, all workers directly employed by a religious charity to perform specific religious duties shall be exempted from taxes.
Share this
