FOURTlI REpU~LIC po NATIONAL ASSEM~LY FIRST SESSION No. 69 525 HOUSE OF REPRESENTATIVES FEDERAL REPUBLIC OF NIGERIA VOTES AND PROCEEDINGS Tuesday, 7 February, 2012 1. The House met at 11.30 a.m. Mr Speaker read the Prayers. 2. Votesand Proceedings: Mr Speaker announced that he had examined and approved the Votes and Proceedings of Tuesday, 31 January. 2012. By unanimow consent, the Votes and Proceedings was adopted. 3. Announcement: Visitors: Mr Speaker announced the presence in the Gallery of, Members of the Legislative Council from Lagos Island II. 4. Petitions: The following petitions were presented and laid by: (I) Hon, Benjamin Aboho (Kwande/Ughongo Federal Constituency): on behalf of Detimbir Chia and Other Youths, praying the House to intervene in their forgotten heroic efforts that led to a successful rescue operation in respect of a crashed Military Air Craft at Ngokugh Hills in Kwande, Benne State, with a view to ensuring the fulfilment of the promise made by the Military Authority to secure admission of Detimbir Chia into the NDA, and grant other reliefs sought; Petition referred 10 the Committees on Public Petition and Army. (il) Han. Udo Oluchi Ibeji (UmuahiaNorthiSouth/lkwunano Federal Constituency): on behalf of Martin P. O. Nwabuwa, praying the House to intervene in his unlawful retirement by John Holt Nigeria Ltd, Lagos, with a view to paying his gratuity and other benefits. Petition referred to the Committee on Public Petitions. 5. Matter of UrgentPublicImportance: Citing Standing Order VIII, Rule 46, Han. Ifeduwa Arowosoge (Ekiti South West/lkere/lse Orun Federal Constituency) drew the attention of the House to the publication in the ThisDay newspaper of Monday. 6 February. 2012 titled Urgent need to address the new wal'e of attm;k and threats by the MOl'ementfor the Emancipation of Niger Delta (MEND). He noted that the latest violence as reported could threaten the relative peace the South South Zone had enjoyed in the last two years as a result of the amnesty programme initiated by the late President Umaru Yar' Adua. He therefore prayed the House to consider the matter as one of urgent public importance.
526 Tuesday. 7 February. 2012 No. 69 Question that the matter be considered as one of urgent public importance, put and agreed to. Matter to stand over till the Next Legislative Day. 6. Presentation of Bills: (i) National Building Code (Enforcement, etc.) Bill, 2011 - Read the First Time. (i/) Forest Area Development Conunission (Establishment, etc.) Bill, 2011 - Read the First Time. (iii) National Planning Conunission Act (Repeal and Re-Enactment) Bill, 2011 - Read the First Time. (iv) Federal Scholarship Board of Nigeria (Establishment, etc.) Bill, 2011 - Read the First Time. (v) Nigerian Electoral Offences Conunission Bill, 2011 - Read the First Time. (VI) Federal Capital Territory Board of Internal Revenue Bill, 2011 - Read the First Time. (vii) Acts Authentication Act (Amendment) Bill, 2011 - Read the First Time. (viii) Crime Victims Compensation Bill, 2011 - Read the First Time. 7. Presentation of Report: Committees on Commerce, and Industries: Motion made and Question proposed, "That this House do receive the Report of the Conunittees on Commerce, and Industries on the Need to Investigate the Influx of Substandard Goods into Nigeria" (Hon. Sylvester Ogbaga - Abakalikil/zzi Federal Constituency). Report laid. 8. Devastating Gully Erosion Threatening to Annihilate and Cut off Entire Communities of the Ikot Ekpene, Essien Udim and Obot Akara Federal Constituency of Akwa Ibom State and Some Parts of Abia State: Motion made and Question proposed: Notes that due to natural ecological disposition and the torrential rains experienced every year, the communities of Ikot Ukpong, lmama, Ikot Mboho, Nko, Nto Edino, Nto Ide, Ikot Erne, Ikot Abasi Eduo, Usaka Annang, Ikot Otu, Nto Ebikan Ikot Inyang, Oku Obom and Uruk Uso all in Obot Akara and Ekpenyong Atai 1, Ekpenyong Atai 2, Ukana West 1, Ukan West 2, Okon Ikot Ama, Ikot Oko, Ikot Uko Eto, Ikot Ocho, Ikot Ama all in Essien Udim Local Government Area and Mbiaso, Nkap, Ukpap and Bsa Atan in Ikot Ekpene Local Government Area in Akwa Thorn State, Ariam and Achara in Abia State are gradually being eroded, devastated and submerged; Further notes that these communities are in imminent danger of being submerged and completely wiped out of the face of the earth by rampaging disaster; Worried that the lives and properties of majority of our Nigerian citizens living in this devastated front are not protected by the appropriate authorities; Disturbed that delay or failure to check this dangerous trend would exterminate the lives and destroy, beyond apprehension, the properties of our people unfortunately residing within these areas; Concerned that if urgent action is not taken to forestall the current disheartening situation, the economic viable Communities in both Akwa Ibom and Abia State that inhabit this area may face the danger of being adversely affected and may bee annihilated from the face of the earth;
No. 69 Tuesday, 7 February. 2012 527 Resolves to: (i) Urge the Federal Ministries of Environment and Niger Delta to speedily carry out ecological study and assessment of these Communities in order to take necessary actions to savage Nigerians residing within the affected areas; (ii) mandate the Committees on Environment and Niger Delta to investigate this matter and report their ftndings to the House within four weeks (Hon. Saviour Friday Udoh = Ikot Ekpene/EssienlEssien Udim/Obot Akara Federal Constituency). Resolution referred to the Committees on Environment. and Niger Delta pursuant to Standing Order VIII, Rule 51 (5) (HR. 2012012). 9. Deteriorating State of the Transport Scheme of Abuja Urban Mass Transport Company: Motion made and Question proposed: Aware that the Abuja Urban Mass Transport Company Limited was established by the Federal Capital Territory Administration with the aim of helping to alleviate the transport challenges and problems of citizens dwelling in and around Ahuja; FU11heraware that the Administration under Malam Nasir Bl-Rufai spent over 1.5billion Naira to procure about 192 buses, plying different routes within the city and connecting the satellite towns at affordable prices; Worried that presently less than 30 out of the 192 buses are functional and that no new buses has been added; FU11herworried that over 160 buses procured with public fund are now not road worthy and as such they are lying waste due to lack of maintenance; Concerned that the situation has increased the suffering of the masses with respect to their tnovement from one area to the other in Ahuja and also suggest lack of maintenance culture, and waste in the public sector of our economy; Disturbed that the situation has also led to increase in the transportation further increase may occur in future if the situation is not redressed; fares payable by the masses and Desirous of finding out the reasons behind the deteriorating steps to address same. state of the transport scheme and taking necessary Resolves to: Mandate the Committees on Federal Capital Territory (FeT) and Federal Capital Territory (FCT) Area Council and Ancillary Matters to investigate the deteriorating state of the transport scheme of the Ahuja Urban Mass Transport Company Limited, make reconunendations on how to realize the objectives of setting up the scbeme and report to the House within two (2) weeks (Hon. Stella Ngwu - Igbo-EtitilUzo Uwani Federal Constituency and 11 Others). Resolution referred to the Committees on Federal Capital Territory. and Federal Capital Territory Auxiliary Matters pursuant to Standing Order VIII. Rule 51 (5) (HR. 21/2012). 10. Need to Rehabilitate and upgrade Ibadan Airport: Order read; by leave of the House, deferred.
528 Tuesday, 7 February, 2012 No. 69 11 Non-Compliance with Expatriate Quota by Foreign Multinationals: Motion made and Question proposed: Notes that the Nigerian Immigration Act of 1963, 1972 and 1990, Cap. 171 as amended conferred on the Nigerian Investment Promotion Council powers to grant expatriate quota to companies seeking to employ expatriates in Nigeria among other functions; Further notes that the Act mandates such expatriates to apply and receive approvals from the Board of such multinational companies before making any application for expatriate's quota approvals to the Federal Ministry of lnterior or any other agency of government charged with the responsibility; Aware that such approvals are usually for 2-3 years renewable and limited to four (4) expatriates in the first instance; Further aware that approvals are to be granted as a result of non-availability of local experts in the position to be occupied; Concerned that the objective is to fill up inadequate supply of manpower, train local manpower, attract foreign investment and transfer of technology; Observes that in recent times, there have been avalanche of petitions, complaints of improper application of the Expatriate Quota; and Newspaper publications Alarmed that the National Bureau of Statistics (NBS) in their recent report put the unemployment rate at 21.7% translating to 32.5 million unemployed Nigerians, meanwhile, some Multinational Companies are alleged to have in their employment over 300 expatriates in positions that could be filled by Nigerians; Worried that these Multinational Companies abuse our expatriate laws and disregard the effort of Government to provide employment for her teeming able-bodied and unemployed population. Resolves to: Direct the Committees on Employment, Labour and Productivity, and Interior to investigate all the allegations and report back to the House within four weeks (Hon. Essien Ekpenyong Ayi - Calabar Souih/Akpabuyo/Bekwarra Federal Constituency and 17 Others). Debate: Noted that the Nigerian Immigration Act of 1963, 1972 and 1990, Cap. 171 as amended conferred on the Nigerian Investment Promotion Council powers to grant expatriate quota to companies seeking to employ expatriates in Nigeria among other functions; Further noted that the Act mandates such expatriates to apply and receive approvals from the Board of such multinational companies before making any application for expatriate's quota approvals to the Federal Ministry of Interior or any other agency of government charged with the responsibility; Aware that such approvals are usually for 2-3 years renewable and limited to four (4) expatriates in the first instance; Further aware that approvals are to be granted as a result of non-availability of local experts in the position to be occupied; Concerned that the objective is to fill up inadequate supply of marmow=r tr';~ 1 ' --- foreicn invp"'ttn~n1- n....1 «.--- -~-
No. 69 Tuesday, 7 February. 2012 529 Observed that in recent times, there have been avalanche of petitions, complaints and Newspaper publications of improper application of the Expatriate Quota; Alarmed that the National Bureau of Statistics (NBS) in their recent report put the unemployment rate at 21.7% translating to 32.5 million unemployed Nigerians, meanwhile, some Multinational Companies are alleged to have in their employment over 300 expatriates in positions that could be filled by Nigerians; Worried that these Multinational Companies abuse our expatriate laws and disregard the effort of Government to provide employment for her teeming able-bodied and unemployed population. Resolved to: Direct the Committees on Employment, Labour and Productivity, and report back to the House within four weeks (HR. 22/2012). and Interior to investigate ali the allegations 12. Need to investigate Recurrent Escape of Terror Crime suspects from the Custody of some Security Agencies: Motion made and Question proposed: Notes, with dismay the apparent upsurge in terror related incidences with the attendant consequences on the lives and properties of innocent Nigerians and indeed Foreign Nationals; Aware that concerted efforts are being made by government and all security agencies which has led to the arrest of persons snspected to be masterminds of terrorist acts across the nation; Concerned by recent revelations that suspected terrorist have infiltrated all arms of government and security agencies; Worried that after being trailed, arrested and detained, certain terror suspects have escaped from the custody of some security agencies in very questionable circumstances which completely ridiculed our national security endeavor; Disturbed that the bungling of such security matters is now becoming a pattern giving rise to public anxiety over the potential danger posed by the disappearance of suspected masterminds of terrorists acts who could return with greater fury as was reported to be the case in the August 2011 United Nations House bombing; Propelled by patriotic quest to work assiduously in order to ensure maximum security and well being of ali citizens in line with relevant sections of the Constitution of the Federal Republic of Nigeria 1999 and our legislative agenda; Determined to reverse this negative trend which has severely dented our national image and have further exposed innocent Nigerian travelers to ridicule, needless embarrassments and untold hardships. Resolves to: Mandate the Committees on National Security and Public Safety, and Army to conduct thorough investigations of circumstances leading to the escape of two terror suspects at the 33 Artillery Brigade, Bauchi, 26 armed mercenaries who were arrested in Jos but escaped from Police custody at the Force Headquarters, Abuja, the surreptitious escape of an alleged terror kingpin - one Mallam Aliyu Tishau, and escape from Police custody of the prime suspect of Madalla Christmas day bombings, and make appropriate recommendations and report back to the House within three weeks (Hon. Bitrus B. Kale - Jos South/Jos East Federal Constituency and 9 Others). Debate: Motion made and Question proposed, "That the House do dispense with notice on amendments pursuant to f"\~",. VTT Rule 56 ihon. A. T. Sam-Tsokwa - Donga/UssaITakum Federal Constituency).
530 Tuesday, 7 February, 2012 No. 69 Amendment Proposed: In the prayer, immediately after the word Army, insert the following words "Police Affairs" (Hon. A. T. Sam-Tsokwa - Donga/Ussa/Tokum Federal Constituency). Question that the amendment be made, put and agreed to. Main Question as amended, put and agreed to. Noted with dismay the apparent upsurge in terror related incidences with the attendant consequences on the lives and properties of innocent Nigerians and indeed Foreign Nationals; Aware that concerted efforts are being made by government and all security agencies which has led to the arrest of persons suspected to be masterminds of terrorist acts across the nation; Concerned by recent revelations that suspected terrorist have infiltrated all arms of government and security agencies; Worried that after being trailed, arrested and detained, certain terror suspects have escaped from the custody of some security agencies in very questionablecircumstances which completely ridiculed our national security endeavor; Disturbed that the bungling of such security matters is now becoming a pattern giving rise to public anxiety over the potential danger posed by the disappearance of suspected masterminds of terrorists acts who could return with greater fury as was reported to be the case in the August 2011 United Nations House bombing; Propelled by patriotic quest to work assiduously in order to ensure maximum security and well being of all citizens in line with relevant sections of the Constitution of the Federal Republic of Nigeria 1999 and our legislative agenda; Determined to reverse this negative trend which has severely dented our national image and have further exposed innocent Nigerian travelers to ridicule, needless embarrassments and untold hardships. Resolved to: Mandate the Committees on National Security and Public Safety, Army, and Police Affairs to conduct thorough investigations of circumstances leading to the escape of two terror suspects at the 33 Artillery Brigade, Bauchi, 26 armed mercenaries who were arrested in Jos but escaped from Police custody at the Force Headquarters, Abuja, the surreptitious escape of an alleged terror kingpin - one Mallam AIiyu Tishau and escape from Police custody of the prime suspect of Madalla Christmas day bombings, and make appropriate recommendations and report back to the House within three weeks (HR. 2312012). 13. A Bill for an Act to Establish the Nigerian Infrastructure Development Bank for the Purpose of Encouraging Infrastructural Development and Other Matters Related Thereto - Second Reading: Order read; by leave of the House, deferred. 14. A Bill for an Act to Provide for the Establishment and Operation of a Program to enable Certain Persons to receive Protection in Relation to certain Inquiries, Investigations or Prosecutions - Second Reading: Order read; by leave of the House, deferred.
No. 69 Tuesday, 7 February, 2012 531 15. A Bill for an Act to Provide for the Nigerian Socio-Cultural Content in Educational Curricular for the Promotion and Encouragement ofnbtional Integration and for Matters Connected Therewith - Second Reading: Motion made and Question proposed, "That a Bill for an Act to Provide for the Nigerian Socio-Cultural Content in Educational Curricular for the Promotion and Encouragement of National Integration and for Matters Connected Therewith be now read the Second Time" (Hon. Dike Fort l/eanyi - IhiaIa Federal Constituency). Debate: Question that the Bill be now read a Second time, pul and agreed to. Bill read the Second Time and referred to the Committee on Education. 16. Consideration of Reports: (I) lajmmittees on HealJh, Commerce, lndllstries, Drugs, Narcotics and Fi1lll1JciolCrimes: Motion made and Q/u!stionproposed, "That this House do consider the Report of the Committees on Health, Conunerce, Industries, Drugs, Narcotics and Financial Crimes on Federal Government's withdrawal of Nigerian Drugs Law Enforcement Agencies (NDLBA), National Agency for Food, Drugs Administration and Control (NAPDAC) and Standards Organization of Nigeria (SON), from Nigerian Pons and Borders and its negative effects and implications to the Nigerian Citizens and approve the Recommendations therein" (Hon. Ndudi Elumelu - Aniocha NorthlAniocha SouthlOshimili North/Oshimili South Federal Constituency). Question that the House do resolve into Committee of the Whole to consider the Report. put and agreed to. (HOUSE IN COMMITTEE) (Mr Deputy Speaker in the Chair) Recommendation (i): "That the House Resolution (HR. 4112011) on Federal Government withdrawal of Nigerian Drugs Law Enforcement Agencies (NDLEA), National Agency for Food, Drugs Administration and Control (NAPDAC) and Standards Organization of Nigeria (SON) from the Nigerian Pons and Borders and its negative effects and implications to the Nigerian citizens be sustained" (Hon. Ndudi Elumelu - Anioeha NorthlAniocha SouthlOshimili NorthlOshimili South Federal Constituency). Recommendation (ii): "That the National Agency for Food, Drugs Administration and Control (NAFDAC), Standards Organization of Nigerian (SON), and National Drug Law Enforcement Agency (NDLEA) should remain at the Nigerian Pons and Borders in order to enable the Agencies discharge their statutory duties" (Hon. Ndudi Elumelu - Anioeha North/Aniocha SouthlOshimili NorthlOshimili South Federal Constituency). Recommendation (iii): "That the Federal Government should engage stakeholders in the pons and transport sector to agree on the time frame for easy clearance of goods and containers at the Pons" ihon. Ndudi Elumelu - Aniocha Nonh/Amocha SouthlOshimili NorthlOshimili South Federal Constituency).
---.---........ 532 Tuesday, 7 February, 2012 No. 69 Recommendation (iv): "That the Minister of Finance should be advised against making unguided statements on sensitive national issues since it was discovered that she did not seek the approval of Mr. President before making the statement as at October 10, 2011 when she announced the withdrawal of the National Agency for Food, Drugs Administration and Control (NAFDAC), Standards Organization of Nigerian (SON) and other Agencies from the Ports and Borders" (Hon. Ndudi Elumelu - Aniocha NorthlAnioeha SouthlOshimili NorthlOshimili South Federal Constituency). Recommendation (v): "That the Ports Concessionaire PORTS AND CARGO HANDLING SERVICES LTD should do the following: (a) write a letter of apology to National Drug Law Enforcement Agency (NDLEA) and its two staff namely Sa'ad Baffah Haladu and Akande Kehinde who were prevented from performing their statutory duties at the Ports on October 31, 2011 and the said letter of apology shall be published in a National Newspaper (preferably THIS DAY NEWSPAPER) as agreed to by the parties; (b) to tender an apology for damaging the Identity Card of an officer with the National Drug Law Enforcement Agency (NDLEA) while performing his official duties; (e) to pay all expenses incurred by National Agency for Food, Drugs Administration and Control (NAFDAC) with respect to its appearance before the Conunittee (Hon. Ndudi Elumelu - Aniocha NorthlAniocha SouthlOshimili NorthlOshimili South Federal Constituency). Amendment Proposed: Leave out all the words in Recommendation (v) (a), (b) and (e) (Hon. Mudashiru Kamil Akinlwi - AfijiolAtiba EastlOyo WestlOyo East Federal Constituency). Question that the amendment be made, put and agreed to. Recommendation (vi): "That the National Agency for Food, Drugs Administration and Control (NAFDAC), Standards Organization of Nigerian (SON) and National Drug Law Enforcement Agency (NDLEA) be commended for their efforts in ensuring that fake, substandard products, food and illicit drugs are not allowed into the country" (Hon. Ndudi Elumelu - Aniocha NorthlAnioeha SouthlOshimili NorthlOshimili South Federal Constituency). Recommendation (vii): "That the Committee on Legislative Compliance should ensure that the above House Resolutions are promptly communicated to affected Government Agencies and Officers by the Clerk to the National Assembly" (Hon. Ndudi Elumelu - Aniocha NorthlAniocha SouthlOshimili NorthlOshimili South Federal Constituency). Recommendation (viii): "That the prompt response of the Nigeria Custom Service (NCS) to the invitation by the Joint Committee is highly commended, and therefore urge the NCS to keep it up" (Hon. Ndudi Elumelu - Aniocha North/Aniocha SouthlOshimili North/Oshimili South Federal Constituency). Amendments Proposed: (i) Leave out all the words in Recommendation (viii) (Hon. Mohammed Zakari - Banaen/Kaima Federal Constituency). Question that the amendment be made, put and agreed to.
No. 69 Tuesday, 7 Febryuu:y. 2012 533 (il) Insert a new Recommendation (viii) as follows: "Mandate the Corrunittees on Health, Commerce, Industries, Drugs, Narcotics and Financial Crime, and Customs to further investigate the content and whereabout of the five missing containers and report back to the House within two (2) weeks" (Hon. Jumdce Olwya Thomas - Lagos Island I Federal Constituency). Question that new Recommendation (viii) stand part of the Report, put and agreed to. Chairman to report Proceedings. (HOUSE IN PLENARy) Mr Deputy Speaker in the Chair, reported that the House in Committee of the Whole considered the Report of the Committees on Health, Commerce, Industries, Drugs, Narcotics and Financial Crimes on Federal Government's withdrawal of National Agency for Food, Drugs Administration and Control (NAFDAC) and Standards Organiiation of Nigerian (SON), from Nigeriao Ports and Borders and its negative effects and implications to the Nigeriao Citizens and approved Recommendations (I), (il), (iii) and (iv); deleted Recommendation (v), approved Recommendation s (vi) and (vii); deletedrecomrnendation(viii) and approved a new Recommendation (viii). Question that the House do adopt the Report of the Committee o/the "MIele, put and agreed to. (ii) Committees on Environment and Emergency Disaster Preparedness: "That this House do consider the Report of the Committees on Environment and Emergency Disaster Preparedness on the Investigative Tour of Flood Disaster Areas in Cross River State and approve the Recommendations therein". Order read; by leave of the House, deferred. (iii) Committee on Federal Capitol Territory: "That this House do consider the Report of the Committee on Federal Capital Territory on the Urgent Need to Construct Pedestrian Bridges along the Nnamdi Azikiwe By-Pass, Abuja and approve the Recommendations therein". Order read; by leave ufthe House, deferred. 17. Adjournment: That this House do adjourn till Wednesday, 8 February, 2012 at 11.00 a.m. (Hon. Leo Ogor - Deputy House Leader). The House adjourned accordingly at 2.45 p.m. Aminu Waziri Tambuwal Speaker