The NGO bill: A loosely defined prescription with a potent threat to the free operations of civil society

THE LEAGUE OF PROGRESSIVE AMBASSADORS OF NIGERIA (LEPAN)

We are a registered group of professionals irrevocably committed to the advancement of the socio-political order of the country. Having shown keen interests in the developments around the polity through active participation, we view the above-named bill before the National Assembly seeking to regulate Non-Governmental Organisations (NGO) in the country with utmost concern.

We have waited this long to study the said bill with the view to making informed and objective decisions as regards the contentious provisions in the document presently under the consideration of the National Assembly.

Having thoroughly studied and listened to stakeholders including some of the sponsor(s) of the bill in the House of Representatives, especially Hon Umar Jibril (Deputy Majority leader) and other members of the National Assembly, as well as leading voices within civil society, we, as a group, have arrived at a clear position on the controversy.
We must make it absolutely clear at this point that we are in no way against regulation of NGOs. We have, as progressives, nothing against accountability in NGOs and Civil Society Organisations (CSOs). In fact, given our longstanding commitment to transparency and accountability, we welcome every effort that can help sanitize civil society and facilitate principled and impactful delivery of services, but only as long as they are well within the sacred principles that undergird our fundamental freedoms as detailed in the 1999 Constitution, and in line with global best practices.

We also believe that given our level of political development, any sweeping legislation of this nature must also as a matter of genuine pragmatism factor in the peculiarities associated with a challenged political system like the existence of a corrupt, exploitative and stultifying bureaucracy, and the rampant abuse of power manifest in far-reaching calculated attempts at targeting and silencing critical voices.

On the basis of the above, it is our considered opinion that the proposed bill fails, abysmally, these crucial tests of democratic principles and operational efficiency. It is on these sacred issues therefore that constitute our point of divergence from the bill.

Firstly, we are worried at what now seems like an unfortunate national habit of avoiding the demanding and painstaking but important process of ensuring that existing institutions and laws fulfil their optimum objectives, and choosing instead to create new institutions and laws as if by mere duplication or multiplication, the underlying problem of dysfunctional systems would be fixed. Nothing could be further from the truth.

This bill, with its provision to establish a new centralized commission to regulate NGOs and its many fall-outs expressed in the supporting provisions, epitomizes exactly this problem. For one, the Corporate Affairs Commission (CAC) and all existing anti-corruption agencies, as well as the security agencies and the courts, all already uniquely guarantee substantial levels of external regulation.

The bill, however well-intended, is thus another example of seeking to better a system by merely duplicating the layers of its regulatory framework instead of strengthening existing instruments. This is a very flawed assumption which unfortunately holds very dire consequences in this case.
More so, we strongly believe that the powers granted the government in the proposed legislation via the planned new commission would be subject to abuse. By their nature, civil society groups can run counter to political interests in a bid to better the lot of people in the country.

We are concerned that with the government having the power and leverage to loosely and likely arbitrarily grant renewable licenses, as well as determine which NGO will be registered or deregistered, a new era of tight government, nay political, control of civil society is upon us. This, perhaps, we must admit is our worst fear. This cannot be allowed to stand!

The central defence of this bill from the legislators has been the need to promote transparency and accountability. It is curious that an institution that embodies the very opposite of these principles can so boldly and without any sense of irony, lay claim to such a mission.

Nigerians have continued to demand that legislators reveal their full monthly and annual earnings for years to no avail. Maybe if the legislators can lead by example by yielding to this very basic expectation which is a given in more advanced climes, many Nigerians will not always read sinister motives into their claims. For now, they are viewed as mere hypocrites driven by a dark agenda. The onus rests on them to change this negative perception which they have so abundantly earned.

Also, in a country where the failure of government has historically been an all too familiar story, NGOs have been a lifeline to the forsaken and betrayed people. Evidence abounds of social, economic and political initiatives that have made this country better. And the world knows this too. It is why strategic collaborations and support have continued from interested parties from around the world. The Government at all levels must appreciate the important role of the NGO and seek constructive ways to enhance it, not stifle it.

We find it very curious too that a similar bill was proposed in Sierra Leone years ago, and is also currently an issue in Kenya and likely within some other African countries. Therefore, we have decided to embark on a thorough investigation to uncover the international links, as well as real forces and motives behind these efforts.

While we acknowledge the public position of Senator Shehu Sani in rejecting the bill, we call on the National Assembly to immediately halt the process of this bill in the interest of preserving the sacred principles of freedom of expression and assembly, as well as the need to not compound the challenge of counter-productive bureaucracy.
In the meantime, we have concluded plans to attend the public hearing for this bill while we mobilise support across the country against its passage. We know how obstinate our legislators could be and are willing and prepared to take the fight to them. They have long shown that they are very prone to ill-conceived and misguided legislations and we have also proven up to it in countering them at such times. We wish to assure these officious and obstinate legislators that Nigerians are watching with curious interests.

LEPAN remains committed to the well-being of this country and will not allow any individual, group of individuals or institution derail the country from its path of progress.

Signed
Chukwudi Anyawuocha
President,
LEPAN