As the
Nigerian Peace Corps battles the Nigeria Police to vacate its national
secretariat, the legality of the organisation might have run into trouble as
the President has not
assented to its establishment bill, which was transmitted
to him last year.
Saturday
Vanguard learnt from competent sources that President Muhammadu Buhari,
apparently bowing to security advice, has not appended his signature to the NPC
Establishment Bill, which was officially sent to him by the Clerk of the
National Assembly, Mr. Sani Omolori, in the last week of December 2017.
Findings by
Saturday Vanguard indicate that the 30-day window under, which the president
should sign a bill duly transmitted to him elapsed on January 31, 2018, leaving
the National Assembly with the only option of mobilising two thirds of its
members to veto the president’s rejection of the bill.
By
implication, the Presidency has thrown out the NPC bill and the piece of
legislation okayed by the two chambers of the NASS can therefore not be cited
as a law in Nigeria and the outfit does not have the legal backbone to continue
to operate as a legal entity unless the NASS mobilises two thirds of its
members to override the president.
A top
Presidency official conversant with the matter, confirmed to our correspondent
last night that the President could not have assented to the NPC bill because
there was no need for such an outfit under the Nigerian security architecture.
The source
said, “By implication the bill has been rejected by Mr. President since he did
not sign it into law within the stipulated 30 working days.
“By law, the
Nigerian Peace Corps Bill will not fly in Nigeria as the President has not
appended his signature to it within the period prescribed by law,” the official
explained.
Asked what
could be done given the fact that the courts had ruled that the embattled
security outfit had the right to operate as a voluntary organisation in
Nigeria, the presidency official said that the organisation must first derive
its legality from the law of Nigeria before functioning as an entity of the
law.
But reacting
to the development, the Spokesman for the House of Representatives, Abdulrazaq
Namdas, said the members would wait patiently for President Muhammadu Buhari to
write the NASS on why he would not append his signature to the bill before
deciding on what next step.
Namdas told
one of our correspondents that the lawmakers were aware that the president was
in the habit of giving reasons whenever he rejects a bill sent to him by the
NASS.
“But if we
wait up to a certain time and the usual excuses we expect of him does not come
then the House may take a further action to override the president.
“If you
remember just last week he returned three bills stating the reasons he refused
to sign them into law,” Namdas said.
It will be
recalled that the NPC has been having a running battle with the Nigeria Police
since it came out as a security outfit but not yet licensed by the Federal
Government, culminating in the sealing of its national headquarters in Jabi and
the arrest and detention of its leaders by the NPF.
The running
battle between the NPC and the NPF has also resulted in a lingering legal
tussle between the two groups, with the court asking the police to pay the NPC
N12.5 million as compensation, an order the police are yet to comply with.
The police
have also refused to quit the headquarters of the NPC despite repeated court
orders.
While the
Senate passed the bill on November 25, 2016, a conference committee of both
chambers was inaugurated on December 8, 2016, to harmonise the bill.
The House of
Representatives laid and adopted its conference report on January 19, 2017,
while the Senate adopted its report on July 25, 2017.
But on
February 17, 2017 the police stormed the National Office of the NPC and
arrested the head of the organisation, Dickson Akoh, and about 49 other
members.
The police
accused Mr. Akoh of using the Peace Corps, which was registered as a
non-governmental organisation, but operating as a para-military agency, to
fleece innocent young job seekers.
Mr. Akoh has
however denied all the allegations and has since been granted bail by the
court.
Meanwhile,
CHAIRMAN, Senate Committee on Media and Public Affairs, Senator Sabi Abdullahi,
APC, Niger North has said that the Senate will do what the Constitution
specifies in case Mr. President refuses to assent the Peace Corps Bill.
He said that
the constitution of the Federal Republic of Nigeria provides for what should be
done if a bill passed by the National Assembly, transmuted to the President for
assent did not receive the assent of the President.
“For me
personally I see it as a very good thing; it is not new to Nigeria but it is
happening in many other countries so that was why in the first instance, the
National Assembly supported it.
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