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On the NGO Regulation Bill

Another controversy is ranging in the National Assembly, as a result of the contentious bill sponsored by the Deputy Majority Leader of the House of Representatives, Umar Buba Jibril, representing Lokoja/Kogi Federal Constituency. The bill is recommending the setting up of yet another government agency, to be known as the NGO Regulatory Commission that is meant to issue licences to all NGOs, which would require renewing such licences, every two years. In other words, if the commission’s board declines to renew any group’s licence, the NGO would cease to operate in the country. The board would further look into how funds received from donors are spent, and if any NGO spends its funds without the commission’s permission, it would amount to a crime that could attract a prison term of up to 18 months. 

In addition, the commission would be headed by an Executive Secretary, as the President’s appointee for five years as well as a 17-member Governing Board, to be led by a Chairman. The bill also provides that all NGOs should submit reports to the Board about their finances, where they get it from and how much. Before an NGO spends any money it has received, it should disclose such and if it refuses, it has violated the law. Not only that, the bill requires NGOs to comply with all national and foreign policies, as any violation of the bill remains a crime that is punishable with prison terms. Similarly, any judgment of the court against the body cannot be enforced, except with the express permission of the serving Attorney-General of the Federation (AGF), among others. 

According to the sponsors of the bill, the idea behind the move is to ensure transparency and accountability in the way NGOs collect and use funds, arguing that the bill is not peculiar to Nigeria; but exists in many African and European countries. For emphasis, a non-governmental organisation is a non-profit, independent and voluntary citizens’ group that is motivated by people with common interest. They perform crucial service and humanitarian functions, public accountability, advocating and monitoring policies and encouraging political participation. No doubt, NGOs remain crucial contributors to the process of implementing policy and delivering services, as major providers of public information and sustenance of democracy, across the world. 

Should the law makers have a rethink over the bill? Yes, due to a number of reasons. First, the idea of creating yet another federal agency, which would add serious burden to public bureaucracy and drawing on the lean resources just for the purposes of restricting free speech and shutting down avenues in which civil rights of citizens are promoted, is untenable. Civil society bodies are very important component in the task of expanding democratic space and citizens’ rights. They play strategic role in enlightening the people and promoting their access to issues like social security, justice, liberty and the abolition of certain harmful socio-cultural practices that tend to hamper human rights and personal dignity

However, some NGOs have been found to engage in excesses, such as corrupt practices and the promotion of strange foreign traditions such as same-sex marriage or activities that can be said to be against existing laws in the country.  Recent developments have equally shown that some people have registered NGOs just to solicit funds for selfish motives. NGOs were also reported to have funded activities of insurgents and anti-democratic elements. Not only that, the upsurge in the exploitation of the sick, the needy and the physically-challenged persons could be attributed to the operations of some unregistered and illegal NGOs in the country. 

Despite much criticism against the NGO bill, the Deputy Majority Leader has said that the house would still pass the bill, to forestall illegal activities of some of the organisations, assuring that churches, mosques and market women associations were not affected by the bill. This posturing, of promoting an unpopular cause such as this, is wrong and undemocratic. Irrespective of how beautiful and well-thought out that the bill may appear to the law makers, a fair assessment of the pros and cons of the bill shows that its disadvantages far outweighs its merits. 

Adewale Kupoluyi, Abeokuta, Ogun State, [email protected]

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