Bisi Adewumi
A constitutional lawyer and Chairman, CIPM, Ikeja Branch (2016-2018), Barrister Jide Ologun, ACIPM who delivered the keynote speech on “Legislation in Africa: Comparing notes among countries in the continent” at Platforms Africa Forum: Lagos 2022, held on Monday at Sheraton Hotel, Ikeja, Lagos has said that what Africa lacks is not resources, but resourcefulness to manage the abundant gifts of nature that abound across the continent.
According to him, despite over 40 different mineral resources in Nigeria, 63 per cent of Nigerians live in “multidimensional poverty”. He lamented the gross inefficiency allowed in the national assembly, as well as the other arms of government.
In his recommendations, he enjoined Africans to be aware of themselves, identifying whom they’re; be conscious of fortunes locked up in Africa; take responsibility other than expecting foreigners to develop their lands for them; taking industrialization as top priority; embrace conscientious leadership and accountability across board.
The Team Lead of the forum, Mr Adeola Yusuf earlier in his welcome address explained that the forum is a child of circumstance. It started in March 2020, at the outbreak of Covid-19 pandemic. There were a lot of misinformation, and to put the records straight, a WhatsApp platform was created to ease flow of information. And today, the platform has become a continental phenomenon.
The event which attracted attendance from Ghana, Kenya, the United Kingdom, United States and even Canada, was aimed at seeking solution to business, enterprise and governance hurdles in Africa as well as assessing legislation and business survival in Africa with the review of the Nigeria’s 9th National Assembly and agenda for the 10th Parliament.
It was generally agreed at the gathering that lack of adequate focus by Africans on the choice of who occupies the legislative seat has been catastrophic. In essence, legislation directly or indirectly makes or mars businesses and lives.
Democracy should be a system of government by the whole population or at least, the eligible members of a state, typically through elected representatives.
One of the panelists, a top government and public affairs analyst from Ghana, Mr Francis Kokutse said, “We did not prepare for democracy. It’s something imposed on Africa and it’s been hanging on our neck. We should redefine our democracy”. Perhaps, this could be adduced to be the cause of misrule across the continent.
Recall that the Nigeria’s oil and gas sector, on Monday, raised an alarm over fresh threat being constituted to the Foreign Direct Investment (FID) and ease of doing business drive, by senate’s directive for Nigeria Liquefied Natural Gas (NLNG) to pay N18.4 billion to host communities for Right of Way (RoW) it acquired in 1989 for N73 million.
The panelists and stakeholders who were at the forum maintained that the senate lacked power to order NLNG to pay N18.4 billion.
Partner, Bloomfield Law Practice, Dr. Ayodele Oni, who spoke from Houston, Texas, US and the Keynote speaker, Barrister Jide Ologun, stated categorically that the Senate’s power as guaranteed by the constitution is enormous but does not include giving an order to a company to pay money within a stipulated time.
“The Senate is not a court. That right to order resides solely with the court,” Ologun insisted.
“The 9th National Assembly has done well and set a standard for the 10th Parliament to surpass. But one area the forthcoming Assembly should refrain from is giving a directive to companies. The recent directive to NLNG to pay N18.4bn within eight weeks is not within the powers of the Senate,” Oni supported.
All lands belong to government, and it was the government that gave them the land.
Meanwhile, it was mentioned that the NLNG paid N73 million in 1989, any other thing the NLNG is doing will only amount to Corporate Social Responsibility (CSR). The directive for the company to pay is tantamount to a roadblock on the way of Foreign Direct Investment (FID).
A veteran energy journalist and analyst, Mr Tajudeen Adigun Aldo revealed that Nigeria’s energy sector is suffering dearth of FID with many companies folding up due to inadequate legislation. He therefore urged the 10th National Assembly to concentrate on making laws that will engender FID.
“The Senate has the constitutional oversight function but in discharging this role, it must always consider the ease of doing business. The communities must be protected while companies too deserve protection to succeed.
It must be noted that the NLNG is a company established and bound by law and anyone that is aggrieved by its action or inaction is expected to approach the court for redress. They can equally petition the NASS, and the parliament too has the right to accept the petition and look into it. It is the duty of the Court, not the NASS, to make an order for a company to pay within a stipulated time. “The bottomline is that the parliament should consider ease of doing business in discharging its legislative duties,” he submitted