Some hon. Members: Yes. HOUSE OF REPRESENTATIVES FEDERAL REPUBLIC OF NIGERIA. Birthday of Hon. Emeka Nkem Ihedioha. Wednesday 24 th March, 2010

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1 HOUSE OF REPRESENTATIVES FEDERAL REPUBLIC OF NIGERIA Wednesday 24 th March, 2010 The House met at 2.15 p.m. PRAYERS (The Speaker in the Chair) VOTES AND PROCEEDINGS The Speaker: Hon. Members, the House is called to order. I have examined and approved the Votes and Proceedings of Tuesday, 23 rd March, ANNOUNCEMENT Submission of Passport Photograph by Hon. Members The Speaker: This announcement is from Hon. Mohammed Almakura, Chairman, Committee on House Services. He is reminding Members to submit two numbers Passport Size Photographs to the Chairman, Committee on House Services, Room 2.38, New Building for processing of their electronic voting card. Voting will commence immediately after the Report of the Constitution alteration is submitted tomorrow. Now you need to submit your passport photographs so that you can take part in the voting system for the electronic system. If you do not submit your passport photographs you may not be allowed to vote. You may have to explain that to your constituents. Please, submit your passport photographs for us to authenticate it with the electronic voting system. Also these cards will be used for attendance register and voting. The Chairman wishes to solicit your cooperation to act promptly on this. Some of us are expecting the Budget to be laid today. I have asked for an extra day so that I can have an idea of the job that the Appropriation Committee has done. There are some Subheads that may affect Members. So I thought I should also look into that before we call for an Executive Session that will make some things clearer. I hope Members know what I am talking about? Some hon. Members: Yes. Birthday of Hon. Emeka Nkem Ihedioha Hon. Waziri Tambuwal (Kebbe/Tambuwal): Mr. Speaker, on a lighter note, may I seize this opportunity to formally inform the House that our Brother and Friend, Hon. Emeka Nkem Ihedioha, Chief Whip of the House, is 45 years old today. We shall proceed to his office from here. (Applause) The Speaker: Hon. Chief Whip is 45 years old today. Congratulations! That is not enough to celebrate somebody s 45 years old birthday in the Chamber like this. I could recall when he celebrated his 44 years birthday last year; it was done in his office. To that end, may I invite everybody tomorrow by 3.00 p.m. for a get-together-party in honour of Hon. Emeka Ihedioha who is 45 years old today. Some of us celebrated our 45 years birthday very long ago. The Venue will be communicated to you. We wish you more years ahead. PRESENTATION OF PUBLIC PETITIONS The Speaker: Any Member who has a Petition to present to the House may, please, rise to do so. Alleged Wrongful Retirement by the Department of State Security Service Hon. A. A. Sule L. Makera (Gwale): Hon. Speaker, I have a Petition from one of my Constituents, Mallam Ibrahim Mohammed against the State Security Services for non-payment of his retirement benefits. I wish to lay the Petition on the Table, Sir. Petition laid. Alleged Wrongful Dismissal by the Nigerian Navy Hon. Bernard Ambrose Udoh (Ikot Abasi/Mkpat Enin/Eastern Obolo): Mr. Speaker, I have a Petition from Jim Udoh Akpan, a former member of the Nigerian Navy. He petitioned this honourable House to kindly investigate his alleged dismissal from the Nigerian Navy. May I lay this Petition on the Table? Petition laid. 1

2 1251 The Speaker: The Petition is referred to the Committee on Public Petitions. (Petitions accordingly referred to the Committee on Public Petitions) PRESENTATION OF REPORTS Report of the Committee on Inter-Parliamentary Relations on the 13 th Session of the Standing Commission for Afro-Arab Cooperation (SCAAC) October, 2009, Tripoli, Libya The Speaker: The next Business of the Day is presentation of the Report of the Committee on Inter- Parliamentary Relations on the 13 th Session of the Standing Commission for Afro-Arab Cooperation (SCAAC) which held between the 10 th and 11th October, 2009 in Tripoli, Libya on the Revitalization of Afro-Arab Cooperation and Introduction of a New Coordination Mechanism, standing in the name of Hon. Sada Soli Jibia. Hon. Sada Soli Jibia is invited to present the Report. Hon. Sada Soli Jibia (Jibia/Kaita): Mr. Speaker, may I request that the laying of this Report be deferred because of some administrative bottlenecks that we have suffered in the Committee. The Speaker: It is all right. The presentation of the Report is stood down. Report with the leave of the House accordingly stood down. Report of the Joint Committee on Civil Society and Donor Agencies and Commerce on the Encouragement, Promotion and Regulation of the Concept and Practice of Corporate Social Responsibility by Business Concerns, etc. Bill, 2009 The next Business of the Day is the presentation of the Report of the Joint Committee on Civil Society and Donor Agencies and Commerce on a Bill for an Act to Encourage, Promote and Regulate the Concept and Practice of Corporate Social Responsibility by Business Concerns, Community, Organisations and Pubic bodies, to enable Voluntary Contributions, etc. to be made by such Organisations to major National challenges such as Education, Energy, the Environment, Creation of Jobs and Enhancement of Employee Skills, Neighbourhood Regeneration, 1252 Agricultural advancements, Reduction of Poverty, etc. and for other Connected Purposes, This is standing in the name of Hon. Nnenna Elendu-Ukeje. This Bill was referred to this Joint Committee on Thursday 14 th May, Hon. Ukeje is invited to present the Report. Hon. Nnenna Elendu-Ukeje (Bende): Mr. Speaker, I rise to move that this House do receive the Report of the Joint Committee on Civil Society and Donor Agencies and Commerce on a Bill for an Act to Encourage, Promote and Regulate the Concept and Practice of Corporate Social Responsibility by Business Concerns, Community, Organisations and Public bodies, to enable Voluntary Contributions, etc. to be made by such Organisations to major National challenges such as Education, Energy, the Environment, Creation of Jobs and Enhancement of Employee Skills, Neighbourhood Regeneration, Agricultural advancements, Reduction of Poverty, etc. and for other Connected Purposes. I so move. Hon. Peace Nnaji (Nkanu East/Nkanu West): Mr. Speaker, I do second the Motion moved by Hon. Nnenna Elendu-Ukeje. Report laid. Report of the Committee on Governmental Affairs on the State of the Nation Address Bill, 2008 and Enshrining State of the Nation Address in the Laws of the Federation of Nigeria Bill, 2009 The Speaker: The next Business of the Day is Presentation of the Report of the Committee on Governmental Affairs on a Bill for an Act to Make Provision for the State of the Nation Address by the President and for Other Connected Matters 2009; a Bill for an Act for Yearly Submission of Report by the President to the National Assembly on the Implementation of Fundamental Objectives and Directive Principles of State Policy As Contained in Chapter 2 of the 1999 Constitution and for Purposes Connected Therewith, 2008 (HB. 49) and a Bill for an Act to Enshrine an Annual State of the Nation Address in the Laws of the Federation of Nigeria and Other 2

3 1253 Matters Connected Thereto This is standing in the name of Hon. Leonard Okuweh Ogor. Members would recall that the House in the Committee of the Whole recommitted a Bill for an Act to Enshrine an Annual State of the Nation Address in the Laws of the Federation of Nigeria and Other Matters Connected Thereto 2009 to the Committee for consolidation with the Bill for an Act for Yearly Submission of Report by the President to the National Assembly on the Implementation of Fundamental Objectives and Directive Principles of State Policy as Contained in Chapter 2 of the 1999 Constitution and for Purposes Connected Therewith 2008 and submit back to the House. Hon. Leo Ogor, you have the Floor. Hon. Leonard Okuweh Ogor (Isoko North/Isoko South): Mr. Speaker, with due humility, I move that this House do receive the Report of the Committee on Governmental Affairs on a Bill for an Act to Make Provision for the State of the Nation Address by the President and for Other Connected Matters 2009; a Bill for an Act for Yearly Submission of Report by the President to the National Assembly on the Implementation of Fundamental Objectives and Directive Principles of State Policy As Contained in Chapter 2 of the 1999 Constitution and for Purposes Connected Therewith, 2008; and a Bill for an Act to Enshrine an Annual State of the Nation Address in the Laws of the Federation of Nigeria and Other Matters Connected Therewith. I so move. Hon. Overah O. Joyce (Okpe/ Sapele/Uvwie): I rise to second the Motion ably moved by Hon. Leo Ogor. Report laid. Report of the Committee on National Planning and Economic Development on the Nigerian Infrastructural Development Agency (Establishment) Bill, 2008 The Speaker: My dear Colleagues, the next Business of the Day is the presentation of the Report of the Committee on National Planning and Economic Development on a Bill for an Act to Establish the Nigerian Infrastructural Development Agency which 1254 will be charged with the responsibility of collaborating with relevant Ministries and other Extra-Ministerial Departments in providing basic infrastructure in all parts of Nigeria for quick economic development and for Related Matters This is standing in the name of the Chairman of the Committee, Hon. Sam Egya. Members would recall that the Bill was referred to the Committee on Thursday, 26 th March, Hon. Sam Egya is not here. However, Hon. Linus Umoh will present the Report. Hon. Peter Linus Umoh (Oron/ Mbo/ Okobo/Udung Uko/Urue): I move that this House do receive the Report of the Committee on National Planning and Economic Development on a Bill for an Act to Establish the Nigerian Infrastructural Development Agency charged with the responsibility of collaborating with relevant Ministries and other Extra-Ministerial Departments in providing basic infrastructure in all parts of Nigeria for quick Economic Development and for Related Matters. I so move. Hon. Maimunat Usman Adaji (Baruten/ Kaima): Mr. Speaker, I second the Motion ably move by Hon. Peter Linus Umoh. Report laid. ORDERS OF THE DAY CONSIDERATION OF BILLS Taxes and Levies (Approved List for Collection) Act, 2004 (Amendment) Bill, 2010 A Bill for an Act to Amend Taxes and Levies (Approved List for Collection) Act, 2004, 2010 (HB. 181) Order for Third Reading. The Speaker: The first Order of the Day is the Third Reading of a Bill for an Act to Amend Taxes and Levies (Approved List for Collection) Act, 2004, The House adopted the Report of the Committee of the Whole on the Bill on Thursday, 4 th March, I believe clean copies have been circulated to all Members. 3

4 1255 I therefore call on the Leader of the House to move that the Bill be now read the Third Time. Hon. Tunde Akogun (Akoko-Edo): Mr. Speaker, I rise to move that a Bill for an Act to Amend Taxes and Levies (Approved List for Collection) Act, 2004, 2010 be now read the Third Time. Hon. Shehu Baba Agaie (Agaie/Lapai): Mr. Speaker, I rise to second the Motion that a Bill for an Act to Amend Taxes and Levies (Approved List for Collection) Act 2004, 2010 be read the Third Time. Bill read the Third Time and passed. CONSIDERATION OF REPORTS Report of the Joint Committee on Environment and Emergency and Disaster Preparedness on Environmental Disaster Control Agency (Establishment) Bill, 2009 The Speaker: The second Order of the Day is resumption of the consideration of Report of the Committee on Environment on a Bill for an Act to Establish the Chemical Waste Management Commission charged with the Responsibility for Providing for the Safe Disposal and Management of Industrial, Toxic and Chemical Wastes and for Related Matters Members would recall that on Thursday, 28 th January 2010, the House in the Committee of the Whole considered Clauses 9 to 23 and deferred consideration of the Bill. The Leader of the House will now move that the House do resume consideration of the Report. Perhaps, I should allow all other Chairmen to make their presentations before we resolve into the Committee of the Whole. Some hon. Members: Yes. The Speaker: That is all right. Hon. Duro Faseyi, you have a Report to present which is that of the Joint Committee on Environment and Emergency and Disaster Preparedness on a Bill for an Act to Establish Environmental Disaster Control Agency and to be vested with the Responsibility for the Control and Management of Desertification, Deforestation, Drought, Erosion, Flood Ocean Surge, Coastline 1256 Erosion and for Other Ecological Related Matters. This Report was laid on Thursday, 17 th December, Hon. Duro Faseyi, can you move for the consideration of this Report? Hon. Leonard Okuweh Ogor (Isoko North/Isoko South): Point of Order, Mr. Speaker! The Speaker: What is the Point of Order, Hon. Leo Ogor? Hon. Leonard O. Ogor: My Point of Order is on Order VIII, Rule 6(2) of our Standing Orders dealing with Precedence of the orders of the day postponed by request. It says: Orders of the day shall have precedence of each other according to the order in which they appear on the Order Paper. An order of the day may be postponed on motion without notice moved by the Member in charge thereof, or, in his absence, by another Member at his request. I do not know if it is a mistake but I can still see that the Bill is listed here for Second Reading. The Speaker: Yes, I made an announcement before we started proceedings today that matters that have to do with the passage of the budget would be taken tomorrow. Hon. Leonard Okuweh Ogor: That is all right, Sir. The Speaker: Hon. Duro Faseyi, you have the Floor. Hon. Duro Faseyi (Ekiti North): I move that this House do consider the Report of the Joint Committee on Environment and Emergency and Disaster Preparedness on a Bill for an Act to Establish Environmental Disaster Control Agency and to be vested with the Responsibility for the Control and Management of Desertification, Deforestation, Drought, Erosion, Flood Ocean Surge, Coastline Erosion and for Other Ecological Related Matters. Hon. Adewale Aribisala (Oye/Ikole): I do second the Motion as ably moved by my leader, Hon. Duro Faseyi. 4

5 1257 Resolved: That the House do consider the Report of the Joint Committee on Environment and Emergency and Disaster Preparedness on a Bill for an Act to Establish Environmental Disaster Control Agency and to be vested with the Responsibility for the Control and Management of Desertification, Deforestation, Drought, Erosion, Flood Ocean Surge, Coastline Erosion and for Other Ecological Related Matters and approve the recommendations therein. Report of the Joint Committee on Inter/Intra Party Relations, Electoral Matters and Justice on Promote the Internal Organisation and Administration of Political Parties in Nigeria, The Speaker: The next Order of the Day is the consideration of the Report of the Joint Committee on Inter/Intra Party Relations, Electoral Matters and Justice on a Bill for an Act to Promote the Internal Organisation and Administration of Political Parties in Nigeria, to Provide Best Democratic Practice and Free, Fair Intra Party Elections, Congresses, Conventions and for Related Matters, 2008 (HB. 54) Hon. Oduwaiye, you have the Floor. Hon. Gbenga Oduwaiye (Ijebu Central): I move that the House do consider the Report of the Joint Committee on Inter/Intra Party Relations, Electoral Matters and Justice on a Bill for an Act to Promote the Internal Organisation and Administration of Political Parties in Nigeria, to Provide Best Democratic Practice and Free, Fair Intra Party Elections, Congresses, Conventions and for Related Matters, 2008 and approve the recommendations therein. Hon. Halima Hassan Tukur (Yauri/ Shanga/Ngaski): I rise to second the Motion as moved by Hon. Oduwaiye. Resolved: That the House do consider the Report of the Joint Committee on Inter/Intra Party Relations, Electoral Matters and Justice on a Bill for an Act to Promote the Internal Organisation and Administration of Political Parties in Nigeria, to provide Best Democratic Practice and Free, Fair Intra Party Elections, Congresses, Conventions and for Related Matters, 2008 and approve the Recommendations therein The Speaker: Leader, you can move your Motion now, please. Hon. Tunde Akogun (Akoko-Edo): Mr. Speaker, I move that the House do resolve into Committee of the whole to consider these Reports. Hon. Baba Shehu Agaie (Agaie/Lapai): I rise to second the Motion as moved. Report of the Committee on Environment on a Bill for an Act to Establish the Chemical Waste Management Commission charged with the Responsibility for Providing for the Safe Disposal and Management of Industrial Toxic and Chemical Wastes and for Related Matters Bill, CONSIDERED IN THE COMMITTEE OF WHOLE. (The Deputy Speaker in the Chair) The Chairman: Hon. Colleagues, the first Report we are considering is on a Bill for an Act to Establish Waste Management Commission charged with the Responsibility for Providing for the Safe Disposal and Management of Industrial, Toxic and Chemical Wastes and for Related Matters We are resuming consideration of this Report from Clause 26 on page 18. Clause 26 - (INTERPRETATION) Question proposed. Hon. John Halims Agoda (Ethiope East/Ethiope West): The wordings on the original Bill says: In this Bill, the Commission shall mean the Chemical Waste Management Commission established under Clause 1 of this Bill. Under the Committee s recommendation, it says: In this Act, the Commission shall mean Waste Management Commission. I want to know the need for the change from Chemical Waste to Waste Management Commission. The Chairman: Hon. Agoda is saying that in the original Bill, the Commission shall mean the Chemical 5

6 1259 Waste Management Commission established under Clause 1 of this Bill. Hon. Duro Faseyi: We retained the wordings as in the original Bill. The Chairman: You did not retain it. I am asking why the change from what we had in the original provision of the Bill to what is in the Committee s recommendation. What is the need for that change? Hon. Leonard O. Ogor: You will recall vividly that day that we had some very serious argument in respect of the specialisation of the chemical waste and we said using the words Waste Management was too extensive and so agreed that it should be Chemical Waste so that anywhere Waste Management appears, it will be changed to Chemical Waste. The Chairman: Hon. Ita Enang, can you please refresh our memory on that? Hon. Ita Enang (Itu/Ibiono Ibom): Mr. Chairman, when we considered the Bill we did not agree with the recommendation of the Committee that the name should be changed to Waste Management Commission instead of Chemical Waste Management Commission. So, the Amendment proposed by the Committee was rejected and the provision in the original Bill was retained. However, we would be better guided by the Votes and Proceedings of what we changed. So, we had agreed on a general change as Hon. Agoda said. The Chairman: change? Which one is the general Hon. Ita Enang: The general change is that it is: Chemical Waste Management Commission as provided in the original Act. Hon. Mohammed Ali Ndume (Damboa/ Gwoza/Chibok): Mr. Chairman, I believe that the intendment of this Bill is to have a Commission that will manage waste whether toxic, chemical and industrial. By the definition, waste here will encompass the chemical, toxic and industrial waste. As the Long Title of the Bill is saying the Commission shall be charged with the responsibility for providing for the safe disposal and management of industrial, toxic and chemical wastes Therefore, if we now say that this Bill is restricted to chemical waste, it means we are restricting the Bill. Hon. Leonard O. Ogor: Point of Order, Mr. Chairman, I am relying on Order IX, Rule 1(6) of our Standing Orders dealing with Rules of Debate. It reads: It shall be out of order to attempt to reconsider any specific question upon which the House has come to a conclusion during the current Session except upon a substantive Motion for rescission. We have discussed this matter elaborately and we have agreed and concluded on this matter here. Probably, the hon. Member was not on the Floor of this House. We should be properly guided by our House Rule essentially when we are at the Third Reading of a Bill. We are not in the Second Reading of any Bill to start discussing the merits and demerits. The Chairman: What was our conclusion? Hon. Leonard O. Ogor: Our conclusion that day was that because the issue bothers on specialisation which is chemical, we should not bother ourselves to add it to the issue of waste management and leave it specifically at the issue of waste chemical management. The Chairman: Hon. Colleagues, I have seen what we have done in our previous discussion on this Bill and what we have agreed on is chemical waste management. We have adopted that and we said: Wherever chemical and waste management appears, it will be replaced with chemical waste management as it is in the Original Bill. Hon. John Halims Agoda (Ethiope East/Ethiope West): When I raised the issue of Section 26, I asked a pertinent question that under the Original Act, the Commission is defined as Chemical Waste Management Commission. Under the recommendation of the Committee, the Commission is defined as Waste Management Commission. I then asked why the variation? The Chairman: Now that it is not there, we are taking the original provision. What we have now states: Commission shall mean the Chemical Waste Management Commission established under Clause 1 of this Bill. 6

7 That is what we are considering. Hon. Halims Agoda: If that is the situation, the issue is that the Commission is defined specifically to Waste. If we want to refer to other means of management, how will it contain such definition? The Chairman: I do not understand. Hon. Halims Agoda: The definition in the original version is very restrictive. The Chairman: Commission means Chemical Waste Management. Hon. John Halims Agoda: It is talking about Chemical Waste. The Chairman: There is no problem with that; we can amend it. Since we have not concluded on the Long Title, it could also be amended. Hon. Mohammed A. Ndume (Damboa/ Gwoza/ Chibok): Mr. Chairman, we are making law and we are looking at it at this stage critically so that it will be all encompassing. The Chairman: We are not looking at it critically now. We had looked at it critically at the Committee Level. Hon. Halims Agoda: The Committee will not be right all the time. The Chairman: Yes. I am not saying that the Committee will be right but where it is expected to be looked at critically is at the Committee level. I agree that they may make mistake but it is at that level that they are supposed to look at this Bill critically. Hon. Mohammed A. Ndume: With all due respect, the Committee has decided in its recommendation to refer to the Commission as Waste Management Commission and we are saying that they should revert to the original name which is Chemical Waste Management Commission. As you have said, we should not let go the intendment because if you look at the heading, we are trying to address the issue of chemical waste disposition and the heading is saying Industrial Toxic and Chemical Wastes. The Chairman: Yes. Hon. Mohammed A. Ndume: By restricting it to Industrial Toxic and Chemical Wastes, we are talking of that Industrial Toxic and other Wastes. I do not understand why this Commission should be restricted to Chemical Waste while if we put the name or use the term Waste Management that will be all encompassing. We are making laws and so we should not tie the law down and restrict it unnecessarily at this point and that is what Hon. Halims Agoda is trying to point out. Hon. John Enoh (Obubra/Etung): Mr. Chairman, I cannot recall if I was on the Floor the last time this Bill was considered. Having listened to the various terms of arguments, it is important that we are still at the Committee of the Whole and no matter has been concluded. If the arguments that have been canvassed are between Chemical Waste Management Commission and Waste Management Commission, the question we should ask is: are there other classes of Waste? As the Minority Leader has mentioned, we are talking about Industrial Waste, Chemical Waste and we are reverting to the original provision in the Bill which talks about Chemical Waste Management. The Chairman: Scientifically, industrial waste can be chemical waste. Hon. John Enoh: Is it not better to adopt a name, for example, that the Court has restricted and go to the Definition and define it to cover all we are talking about? The Chairman: What we are now dealing with is Definition. Hon. John Enoh: Unless in this definition we are now saying that chemical waste will, therefore, be defined to encompass all other classes of wastes that are anticipated. Hon. Patricia Olubunmi Etteh (Ayedaade/ Irewole/Isokan): I will advise that we change the Short Title to read: Wastes Management Commission instead of Chemical Waste Management Commission because the word Chemical makes it restrictive. As the Leader of the Minority said, are we going to establish another commission to deal with toxic 7

8 1263 waste? Whether chemical or industrial, are they not toxic? I believe all of them are toxic waste. So they should come under Waste Management Commission rather than restricting ourselves to chemical waste because even the wastes that are being generated by the industries are chemical. Hon. Terngu Tsegba (Gboko/Tarka): It is better to be explicit as provided in the original Bill. This is because we have Solid Waste Management Commission here in Abuja; they are dealing with Solid Waste and the rest. We also have the Abuja Environmental Management Agency which is also dealing with other aspects of wastes including the one we generate ourselves here. So it is better. All these have had their own Commission. Abuja Environmental Management Agency which deals with solid waste is a very big government agency. In Abuja here we have the treatment plan for the solid waste. In most parts of the world it is even converted into fertilizer, energy and the rest. The essence of having this Chemical Waste Commission is to deal with waste arising from the chemical activities. So we cannot generalise it and say Waste Management Commission. That means the issues of solid waste and other wastes will also come under it. Therefore, it is better to be very explicit as provided for in the Bill. Hon. Yakubu Umaru Barde (Kajuru/Chukun): Ordinarily one would have loved to argue on the topic by saying chemical waste is not right but if you go to page 24 of the Bill, the Third Schedule captured what chemical waste means and it includes domestic waste, agricultural waste and so on. I think by that the explanation is very clear. The Chairman: So what are you suggesting? Hon. Yakubu Umaru Barde: It should read: Chemical Waste Commission because chemical waste has been defined on page 24. Hon. Niyi J. Akinyugha (Idanre/ Ifedore): It was titled Chemical Waste Management Commission because these are specialised wastes that need special attention and treatment. Your domestic wastes at home are chemical wastes but they do not need specialised attention in handling them but when you talk of mercury, battery, electronic waste, Indian hemp and 1264 some of these drugs they need specialised waste to handle them. The Chairman: I will put the Question that we retain Chemical Waste. Hon. Halims Agoda: Was it on Clause 26 that question was put? The Chairman: Yes, Sir. Hon. Halims Agoda: Otherwise, I am worried about the provision in Clause 26 where you have safe disposal. The Committee recommendation is that the provision be deleted? The Chairman: I remember what happened but let me ask the Committee. Why did we delete the words safe disposal? Hon. Duro Faseyi: This is because they are no longer necessary. Hon. John Halims Agoda: We are making law. If the drafter of the original Act by their wisdom defined what safe disposal is all about and the Committee in their recommendation deleted it without offering any alternative; that was too elementary. The Chairman: I believe even if it is not necessary there must be a reason for that and you are asking for the reason. Hon. Halims Agoda: Yes. Hon. Leonard Okuweh Ogor: I believe that what you the Committee did there is more of an interpretation. So it should be retained. The Chairman: Committee? Are you a Member of the Hon. Leonard O. Ogor: I am speaking as a Member of this House Mr. Chairman and I agree with Hon. Halims Agoda that it should be retained. The Chairman: So we should retain the words safe disposal? Do not forget that the Chairman of the Committee is saying it is unnecessary. Hon. Mohammed A. Ndume: I am concerned. I am concerned because the original Committee was given to the Committee on Environment to take a look 8

9 1265 at it and they made a recommendation. The same Committee is coming to defend a position against their recommendation. The Chairman: No! Hon. Mohammed A. Ndume: Yes. That is what the Chairman is saying. The Chairman: No. Hon. Leo Ogor is not a Member of the Committee. He said he is a Member of the House. I will put the question that we retain the original provision. Clause 26 - (INTERPRETATION) - as ordered to stand part of the Bill. Clause 27- (SHORT TITLE) The Chairman: This Act may be cited as Waste Management Commission Bill. That means we have to change this one to read: This Act may be cited as the Chemical Wastes management Commission Bill. Short Title (THIS BILL MAY BE CITED AS THE WASTES MANAGEMENT COMMISSION BILL, 2008) agreed to. FIRST SCHEDULE Schedule 1 (SUPPLEMENTARY PROVISIONS RELATING TO THE COMMISSION) The Chairman: Is there any query on page 19? Hon. Ita Enang: Paragraph 1(3) on page 19 says: The Board shall have emergency meetings whenever it is summoned by the Chairman by notice or two-thirds members of the Board where such a meeting is necessary. I pray that we amend it to read: The Board shall have emergency meetings whenever it is summoned by the Chairman by notice or half of the Members of the Board where such a meeting is necessary. Two-thirds is too much to summon a meeting. I agree that the Chairman may not summon a meeting if there is a problem. The Chairman: Chairman, why do you put twothird of the members of the Board? 1266 Hon. Duro Faseyi: That was the resolution of Members even at the Public Hearing. The Chairman: What was their reason? You cannot just resolve it like that. There must be a reason behind that resolution. Hon. Duro Faseyi: It is because they want more people to be present at that meeting. We resolved that the membership be two-thirds. That is what we feel is appropriate. Hon. Sokonte Davies (Degema/Bonny): We said it should be two-thirds because it is emergency. Decisions are taken at the board. If two-thirds of the Board summons an emergency meeting, then the decision of the Board will be very weighty. That is why we said that it should be two-thirds. If it is half which some Members also suggested, it might not be very convincing. The Chairman: There is nothing like that in the original provision. Hon. Sokonte Davies: There is nothing like that and that is not even proper. Hon. Leonard O. Ogor: I am a bit worried because it has to do with emergency meeting. When you are calling for an emergency meeting, relying on two-thirds is not going to be the best option. The essence of an emergency meeting means that there is something urgent that needs to be attended to and when you place it at two-thirds, then automatically you are indirectly trying to make it impossible. So, 50 per cent should be most reasonable. Hon. Ahmed Idris (Wase): Mr. Chairman, we should retain two-thirds. This is to avoid mischief. We must acknowledge that at times people could go out of their way to perpetrate so many things. So we should be able to have a very good safety valve. Hon. Terngu Tsegba (Gboko/Tarka): Experience has shown that for some of the Chairmen who may not like to call regular meeting, they will hide under the issue of emergency meeting to exclude other Members of the Board in taking decision. This is why it is very important that whether you come under emergency Board Meeting or regular Board Meeting you will make sure that two-thirds of the Members are present for the meeting to be functional. This will make it 9

10 1267 necessary for the Chairman or whoever has the responsibility to convene the Board Meeting to ensure that two-thirds of the Members are there and that he did not hide under the issue of emergency meeting not to call the regular Board Meeting. It has happened in companies where people come under emergency meeting to call meeting of the people who are close to them, conduct the business of the company and take decisions. The Chairman: Are you in favour of two-thirds? Hon. Terngu Tsegba: Yes, I am. Hon. Bernard Ambrose Udoh (Ikot Abasi/Mkpat Enin/Eastern Obolo): Mr. Chairman, let me raise this under 1, the quorum of the Board, it says: The quorum of the Board shall be the Chairman and one-third of the Members of the Board. Then in paragraph 1(3), it says: The Board shall have emergency meeting. Emergency is supposed to be where the Chairman handpicks some Members of the Board. A general meeting is known to all the Members. The Chairman: Hon. Udoh, it states that the Board shall meet not later than three calendar months where the Chairman of the Board shall preside or where he is unable to attend, the Members present shall nominate one of them to preside. Which one are you talking about? Hon. Bernard Ambrose Udoh: Mr. Chairman, I am talking about the Committee s recommendation. The Chairman: The quorum of the Board shall be the Chairman and one-third of the Members of the Board. Hon. Bernard Ambrose Udoh: Yes, then you go to 1(3). The Chairman: Hon. Udoh, 3 has no connection with 1(1). Hon. Bernard Ambrose Udoh: Mr. Chairman, it is supposed to be the main meeting which all the Board Members are notified. But 1(3) is talking about an emergency meeting which means the Chairman has to handpick people around him to have the meeting and they are now asking for two-thirds The Chairman: The Committee is running away from a situation whereby the Chairman will hide under the guise of emergency meeting and call perhaps his friends on the Board to just come and meet. The Committee believes that two-third of the membership of that Committee cannot be his friends or just his followers; it may include others that have a different opinion. That is why they are suggesting two-thirds as the quorum for emergency meeting. Hon. Andrew Uchendu (Ikwerre/Emohua): Mr. Chairman, in all honesty I do not think that we as a Parliament should be here to legislate on how an emergency meeting of a Board will be convened. Emergencies of Board Meetings of any organisation for that matter arise as a result of activities and actions the Board has taken. If it is not necessary, the Board in its plenary will decide when to hold an emergency Board Meeting. My prayer is that we leave 1(1) and delete 1(3) because it is unnecessary and superfluous. That is the prerogative of the Board in its plenary because they will be taking decisions and it will be necessary to call an emergency Board Meeting the next week and so the Board should be allowed so to do. Let us not tie their hands here. Hon. Olajumoke Okoya-Thomas (Lagos Island I): Mr. Chairman, I believe emergency is actually something that is not prepared for. I am of the view that the membership for emergency meetings should be two-thirds as it is written here. This is because if you have it at par, you will find out that sometimes we can have stalemate. The Chairman: So, are you for two-thirds? Hon. Olajumoke Okoya-Thomas: Yes, please. The Chairman: Hon. Barde will be the last person to speak on this matter. Hon. Yakubu Umaru Barde (Kajuru/ Chukun): Paragraph 1(3) is so important that we should leave it as it is. This is because if you have a Board and twothirds can hold an emergency meeting and take a decision that is majority decision. Now Paragraph 1(1) provides that the quorum of the Board shall be onethird. In a situation where one-third of the members take a decision and two-thirds of the members felt that decision was not right and they conveyed an emergency meeting, will their decision overturn that of 10

11 1269 the one-third members? very important. Resolving this question is I will rather we allow the quorum to be two-thirds so that in the case of emergency meeting, the decision both in the quorum which is in the normal meeting and the emergency will be a proper decision. The Chairman: Hon. Colleagues, I will put the question that we increase the number from one-third to two-thirds of the members as the quorum in Paragraph 1(1). Amendment put an agreed to. The Chairman: I will also put the question to retain the provision of two-thirds of the Board under 1(3). Amendment put and agreed to. Second Schedule A (MEETINGS OF THE BOARD OF THE COMMISSION) agreed to. The Chairman: Is there any query on the Second Schedule on page 20? Hon. Ita Enang: On the First Schedule, we have supplementary provisions relating to the Commission on page 19. On page 20, we have Second Schedule - Supplementary Provision relating to the Commission. (A) Meeting of the Board of the Commission. 1) The Board of the Commission shall hold its meeting every quarter. Notwithstanding the above provisions; the Board may convey an emergency meeting where - I want to know the difference between this one and the entirety of page 21 and 22, that is, the difference between this one and the one that we have just passed. The Chairman: Environment? Chairman, Committee on Hon. Duro Faseyi: Yes, we have seen that and agreed that it should be deleted. The Chairman: Did you alert the House? Which one are you deleting? Hon. Duro Faseyi: It is (A), Sir The Chairman: Can you say the number please? Hon. Samuel Duro Faseyi: deleted all these. We have already The Chairman: Which one have you deleted? Hon. Samuel Duro Faseyi: Page 20, Sir and that is (A) (1) The Chairman: From (A) (1) to what number? Hon. Duro Faseyi: Yes, (A)(1) to (13). The Chairman: Deleted? Hon. Samuel Duro Faseyi: Yes. The Chairman: How do we know? Hon. Duro Faseyi: We have all these things in the body. Like 1(a)(ii): By not less than two-thirds of the members of the Board. The Chairman: But if you say we are to delete from A.1 to 13, then look at A.6: It says: The Board may appoint special Committees to be charged with specific functions. Why do you want to delete that? Also look at A.5 where it says: The Board shall have the responsibility to ratify the Commission s programme, plans, budget and annual reports. Why are you deleting that? Hon. Friday Itulah: Mr. Chairman, with respect to the area we are dealing with, I do not think it is appropriate for us to delete the entire provisions there. I want to suggest that we look at them item by item. The very first one that Hon. Ita Enang pointed out cannot be retained because it will directly contradict what we have just passed. The Chairman: It is all right. Let us take them one by one. The Second Schedule, Paragraph 1 says: The Board of the Commission shall hold its meetings every quarter (three months) interval. Notwithstanding the above provision, the Board may convene an emergency meeting (a) a request for such meeting is made by 11

12 1271 i. the Chairman, the Director-General and any two members of the Board; or ii. by not less than two-thirds of the members of the Board. Hon. Sokonte Davies: I think Hon. Ita Enang s attention was appropriate. This part would have moved up a little bit because the numbering is a little bit faulty. That is why we are having problem. We stopped at A.1: The Board of the Commission shall hold its meetings every quarter (three months) interval. We should delete from the word notwithstanding up to the end of (b). The Chairman: In this particular one, if you read Paragraph 1 and if you go back to page 19, you will discover that it is a just a repetition. Should we delete A.1 (a)? We are not deleting everything because we have A.1 to 13. We are only deleting (a). Hon. Terngu Tsegba: The provision in the Second Schedule, Paragraph 1 (a) and (b) is saying that meeting must be held every quarter which is an interval of three months. We can take the provision up to the fact that meeting should be held for each quarter; that is an interval of three months. If we take that one, we will delete the remaining provision under 1 starting with the word notwithstanding since there is another provision for emergency meeting in the original Bill. This one is just making sure that the Board holds its meeting every quarter. The Chairman: Look at page 19(2), it says: The Board shall meet not later than every three calendar months where the Chairman of the Board shall preside or where he is unable to attend the members present shall nominate one of them to preside. If you come back to this one again, it says: The Board of the Commission shall hold its meetings every quarter (three months) interval. It is repetition and it should therefore be deleted. Hon. Ita Enang: With respect, I pray that we delete the entire provision of what we have in the First Schedule. We can delete 19 and then substitute what we have in the Second Schedule which is more detailed 1272 so that it will now be the new supplementary provisions. The Chairman: Hon Ita Enang, if you are deleting the first one, we have to transfer the quorum to the Second Schedule. This is because it cannot be defined in the second one. Hon. Ita Enang: It is all right, Sir. The Chairman: So we should take the quorum and delete the remaining ones. Hon. Ita Enang: Or in the course of redrafting, we may just find a way and fix the quorum aspect of the provision here; that would be a proper thing. The Chairman: It is all right. This is because whatever is in the First Schedule is contained in the Second Schedule and it is more detailed in the Second Schedule. Hon. Ita Enang: That should now be the Second Schedule so that the list of chemicals and drugs would be the First Schedule. Amendment put and agreed to. LICENCES AND INSPECTION The Chairman: We are now on page 22, Second Schedule, B Licenses and Inspection. Hon. Friday Itulah: All that we have here is something that can come by way of subsidiary Committee of the Board. It is not for us to make this a detailed provision; these are supposed to be internal rules that will guide the Board when it meets and not for us to be deciding by legislation the licences of permits granted by the Commission, the tenure, etc. The Federal Road Safety Commission, for example, has its internal legislation. Therefore, coming here to make this internal law for them is like they are left with nothing. The Chairman: What is your prayer? Hon. Friday Itulah: My prayer is that we delete these things and substitute therein that they are free to make regulations for the running of the organisation. Hon. Andrew I. Uchendu: Mr. Chairman, the truth is that every Board or Commission is empowered 12

13 1273 to make policies and regulations guiding the Agency or Commission. What we are covering here under this Schedule are routine policy issues that the Board in its normal meetings should decide and deliberate upon. I am at pains supporting any other view that will indicate that we should not delete this provision because they are things that the Board should normally do. The Chairman: I will put the Question that we delete Second Schedule B Licences and Inspection. Amendment put and negatived. Second Schedule C Miscellaneous, agreed to. Third Schedule (LIST OF CHEMICAL AND CHEMICAL PRODUCT WASTES CLASSIFIED UNDER THIS BILL) Question proposed. The Chairman: We are now on Third Schedule at page 24. Hon. Halims Agoda: The Third Schedule on page 24 is titled: List of Chemical and Chemical Product Wastes classified under this Bill. When you go to the Second Schedule at page 20, it says: List of Chemicals and Drugs classified under this Bill. It then lists the following: The Chairman: Are they the same? Hon. Halims Agoda: No, they are not the same. It does not seem to be the same because here we have Opium, Cocaine, Heroine, Marijuana, et cetera. The Chairman: From what page are you reading? Hon. Halims Agoda: It is on page 20. Has it been deleted? The Chairman: It has been deleted. Hon. John Halims Agoda: If it has been deleted then I resume my seat. Third Schedule, agreed to. Explanatory Memorandum, agreed to Long Title (A BILL FOR AN ACT TO ESTABLISH CHEMICAL WASTE MANAGEMENT COMMISSION CHARGED WITH THE RESPONSIBILITY FOR PROVIDING FOR THE SAFE DISPOSAL AND MANAGEMENT OF INDUSTRIAL, TOXIC AND CHEMICAL WASTES AND FOR RELATED MATTERS) Question proposed. Hon. Halims Agoda: From what we have done so far and from the definition embedded so far can it be said to rhyme with the Long Title, which includes industrial toxic? The Chairman: No. It will read: A Bill for an Act to Establish Chemical Waste Management Commission. This is just the responsibilities. Hon. John Halims Agoda: Do we expunge the other one? The Chairman: Yes. Hon. Halims Agoda: If you stop there, where is the Long Title? The Chairman: This one is long; it is longer than necessary. Hon. Halims I know that it is not too long and I want to agree with you but when you say: A Bill for an Act to Establish Chemical Waste Management Commission and Related Matters; that is the Bill. Any other thing is just trying to explain. example: charged with the responsibility. Long Title, agreed to. For Report of the Joint Committee on Environment and Emergency and Disaster Preparedness on a Bill for an Act to Establish Environmental Disaster Control Agency, and to be vested with the Responsibility for the Control and Management of Desertification, Drought, Erosion, Flood Ocean Surge, Coastline Erosion and for Other Ecological Related Matters, CONSIDERED IN THE COMMITTEE OF THE WHOLE. The Chairman: The next Report is a Bill for an Act to Establish Environmental Disaster Control Agency and to be vested with the Responsibility for the Control and Management of Desertification, Deforestation, Drought, Erosion, Flood Ocean Surge, 13

14 1275 Coastline Erosion and for Other Ecological Related Matters, Chairman of the Joint Committee, can you brief the Committee of the Whole on this Report? Hon. Duro Faseyi: Mr. Chairman, the Bill seeking the establishment of the Environmental Disaster Control Agency is a Bill consolidated from three various Bills that at different times were referred to the Committee on Environment by the House. The three Bills reviewed, restructured and adjusted into one broad Bill are: 1. A Bill for an Act to Establish the Desertification Control Commission. 2. A Bill for an Act to Establish the Ecological Disaster Control Commission; and 3. A Bill for an Act Establish the Erosion and Flood Control Commission. The consolidation became imperative because after the critical evaluation of the Bills by the Committee, it was evident that the Bills were similar in many key aspects and were basically in pursuit of the same goals. To pack the three Bills separately would have amounted to superfluous duplication of responsibilities, waste of government scarce resources, unparallel institutional conflicts and a mockery of the Legislature. This presentation contains the Committee Report on the Consolidated Bill as directed by the House. The Chairman: It is all right. Part I (ESTABLISHMENT OF THE ENVIRONMENTAL DISASTERS CONTROL AGENCY) Question proposed. Hon. Abubakar Mohammed Maifata (Tarauni): Mr. Chairman, as the Chairman of the Committee rightly said, that is a consolidation of three Bills. My problem is the caption of the Bill which the Committee had agreed upon. They did say: Establishment of Environmental Disaster Control Agency which is the new name but I would like it to read: Establishment of the Desertification, Erosion, Flood and Ecological Disaster Control Commission The Chairman: That one will be at the end. This is because it is the Long Title which is normally taken at the end. Hon. Abubakar Maifata: I am talking about Part I, which is titled: Establishment of the Environmental Disasters Control Agency. That is my worry. The Chairman: What should be the new name? Hon. Abubakar Maifata: The new name should read: Establishment of the Desertification, Erosion and Flood and Ecological Disaster Control Commission. The Chairman: Hon. Duro Faseyi, did you hear what Hon. Mohammed Abubakar Maifata said? Hon. Samuel Duro Faseyi: Yes. The Chairman: Are you comfortable with the new name? Hon. Duro Faseyi: I am not comfortable with it because before we arrived at this Title, we listened to the submissions from Stakeholders at the Public Hearing and some States. The Committee sat down, looked at it critically and arrived at the conclusion that this is the best title to be given to it. The Chairman: What are the three Bills that you have consolidated? Hon. Samuel Duro Faseyi: The three Bills are: The Establishment of the Erosion and Flood Control Commission, Establishment of the Desertification Control Commission and Establishment of the Ecological Disaster Control Commission. The Chairman: Now, he is trying to merge these three or four Bills as the heading so that the Bill will look like the one they have sponsored on the Floor of the House. This is because, as it is now, based on his observation, anything may come under this Bill. Hon. Samuel Duro Faseyi: Yes. The Chairman: But, if it is specified and says it is for these three or four purposes there is nothing outside these purposes that will come under this Bill. Hon. Ali Mohammed Ndume (Damboa/ Gwoza/Chibok): I want to support the position of one 14