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Nigeria

Joint Governmnet-Civil Society Legislation Review (NG0013)

Overview

At-a-Glance

Action Plan: Nigeria National Action Plan 2017-2019

Action Plan Cycle: 2017

Status: Inactive

Institutions

Lead Institution: Ministry of Justice

Support Institution(s): National Assembly, National Orientation Agency, Bureau of Public Service Reform. Centre LSD, ANNEJ, Right2Know, Nigerian Bar Association, FIDA, Civil Society Legislative Advocacy Centre

Policy Areas

Oversight of Budget/Fiscal Policies, Public Participation

IRM Review

IRM Report: Nigeria Design Report 2017-2019

Starred: Pending IRM Review

Early Results: Pending IRM Review

Design i

Verifiable: Yes

Relevant to OGP Values: Civic Participation

Potential Impact:

Implementation i

Completion: Pending IRM Review

Description

Comprehensive review of all laws and legislations relevant to the OGP process like the Economic and Financial Crimes Commission (EFCC) Act, Nigeria Extractive Industries Transparency Initiative (NEITI) Act, Freedom of Information (FOI) Act, Independent Corrupt Practices and other Related Offences Commission (ICPC) Act, Money Laundering Prohibition Act (2011) and others.

IRM Midterm Status Summary

13: Government – civil society to jointly review existing legislations on transparency and accountability issues and make recommendations to the National Assembly

Language of the commitment as it appears in the action plan:

“Comprehensive review of all laws and legislations relevant to the OGP process like the Economic and Financial Crimes Commission (EFCC) Act, Nigeria Extractive Industries Transparency Initiative (NEITI) Act, Freedom of Information (FOI) Act, Independent Corrupt Practices and other Related Offences Commission (ICPC) Act, Money Laundering Prohibition Act (2011) and others.”

Milestones:

13.1: Development of Frequently Asked Questions on identified laws and review plan

13.2: Government-CSOs Roundtable discussion on reviews of gaps in existing laws

Start Date: January 2017 End Date: June 2019

Action plan is available here:

Context and Objectives

This commitment seeks to address gaps in existing legislation related to transparency and accountability in Nigeria. These laws are outdated and needed to be reviewed to ensure that they met current best practices, including those required to ensure Nigeria’s continued membership in global bodies. [169] For example, soon after the start of the commitment period, Nigeria was suspended from the Egmont Group, an informal network of 154 national Financial Intelligence Units (FIUs). [170] Although it later transpired that the suspension was sparked by an former embittered director submitting false information, and that Nigeria’s suspension was since lifted, the Egmont Group raised concern about the autonomy of the Nigerian FIU. This will necessitate amendments to section 1(2)(c) of the Economic and Financial Crimes Commission (Establishment) Act, 2002. [171]

The commitment proposes frequently asked questions (FAQ) on particular laws and a review plan and to hold government-CSO roundtable discussions on gaps in existing laws. These discussions make the commitment relevant to the OGP value of civic participation.

Although the FAQs and roundtable are generally verifiable, the commitment lacks key details such as how frequently the FAQs will be updated or how many roundtables discussions will be held.

While reviewing Nigeria’s existing transparency and accountability legislation is timely, publication of law FAQs and a single government-civil society roundtable are unlikely to have more than a minor impact on strengthening laws. Nevertheless, collaboration between civil society and government on a comprehensive legislative review project for opening government appears to be the first of its kind. In light of other developments, such as the feared reduction of civic space due to new regulations for nongovernmental organizations, this is a positive development. [172] It is unclear, however how the results of the discussion will update legislation. [173]

Next Steps

The IRM believes this initiative can continue beyond the OGP framework, as it enables broader open government reforms. In doing so, the IRM recommends the clarifying how findings of the review process will reform the legislative process.

[169] Sulayman Dawodu (FMoJ), interview by IRM researcher, 21 Nov. 2018.
[170] See “Egmont group,” https://egmontgroup.org. The Egmont Group provides a platform for the secure exchange of expertise and financial intelligence to combat money laundering, terrorist financing, and related offences.
[171] Ben Ezeamalu, “Why Nigeria’s NFIU was suspended by Egmont Group – EFCC” (Premium Times, 20 Jul. 2017), https://www.premiumtimesng.com/news/top-news/237547-nigerias-nfiu-suspended-egmont-group-efcc.html.
[172] Civicus, “Worrying legislation to restrict Nigerian civil society sector underway” (2 Nov. 2016), https://civicus.org/index.php/media-resources/media-releases/2635-worrying-legislation-to-restrict-nigerian-civil-society-sector-underway.
[173] Uchenna Arisikuwu (Program Manager, Centre for Leadership, Strategy and Development), interview by IRM researcher, 15 Apr. 2019.

Commitments

  1. Participatory Budgeting

    NG0015, 2019, Audits and Controls

  2. Implement Open Contracting and the Open Contracting Data Standard

    NG0016, 2019, Beneficial Ownership

  3. Transparent Tax Revenue Reporting

    NG0017, 2019, Legislation & Regulation

  4. Open Contracting and Licensing in Extractives

    NG0018, 2019, E-Government

  5. Implement EITI Standard

    NG0019, 2019, Audits and Controls

  6. Establish Beneficial Ownership Registry

    NG0020, 2019, Beneficial Ownership

  7. Strengthen Asset Recovery Legislation

    NG0021, 2019, Anti-Corruption Institutions

  8. Implement National Anti-Corruption Strategy

    NG0022, 2019, Anti-Corruption Institutions

  9. Improve Compliance with Freedom of Information Act with Focus on Records Management

    NG0023, 2019, Capacity Building

  10. Improved Compliance with Mandatory Publication Provisions Requirement (FOIA)

    NG0024, 2019, Capacity Building

  11. Implement Permanent Dialogue Mechanism

    NG0025, 2019, Gender

  12. Aggregate Citizens' Feedback on Programs

    NG0026, 2019, E-Government

  13. Freedom of Association, Assembly, and Expression

    NG0027, 2019, Civic Space

  14. Enhance Participation of the Vulnerable

    NG0028, 2019, Capacity Building

  15. Implement New Computer Program in 6 Government Ministries to Improve Service Delivery

    NG0029, 2019, Capacity Building

  16. Legal Instrument to Strengthen SERVICOM

    NG0030, 2019, Legislation & Regulation

  17. Citizen Participation in Budget Cycle

    NG0001, 2017, Audits and Controls

  18. Open Contracting

    NG0002, 2017, Capacity Building

  19. Extractive Sector Transparency

    NG0003, 2017, Beneficial Ownership

  20. Tax Reporting Standards

    NG0004, 2017, Fiscal Transparency

  21. World Bank Doing Business Index

    NG0005, 2017, Infrastructure & Transport

  22. Beneficial Ownership Register

    NG0006, 2017, Beneficial Ownership

  23. Anti-Corruption Informationi Sharing

    NG0007, 2017, Anti-Corruption Institutions

  24. Asset Recovery Legislation

    NG0008, 2017, Capacity Building

  25. Anti-Corruption Activity Coordination

    NG0009, 2017, Anti-Corruption Institutions

  26. FOIA Compliance for Annual Reporting

    NG0010, 2017, Capacity Building

  27. FOIA Compliance for Disclosure

    NG0011, 2017, E-Government

  28. Permanent Dialogue Mechanism

    NG0012, 2017, Fiscal Transparency

  29. Joint Governmnet-Civil Society Legislation Review

    NG0013, 2017, Oversight of Budget/Fiscal Policies

  30. Technology-Based Citizens' Feedback

    NG0014, 2017, E-Government

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