MARGARET CHIDERA
Organised Private Sector in Nigeria (OPSN), has decried incessant invitations and summons of organised businesses for investigative hearings hiding under sections 88 and 89 of the constitution of the Federal Republic of Nigeria, 1999 as amended.
This is as they opined that the unfortunate situation is seriously impacting negatively on private businesses as well as affecting Direct Foreign Investments (DFI).
OPSN comprising of Manufactures Association of Nigeria (MAN), Nigeria Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA), Nigeria Employers’ Consultative Association (NECA), Nigeria Association of Small-Scale Industries (NASSI) and Nigeria Association of Small and Medium Enterprises (NASME), made expressed the concern yesterday in Abuja.
Addressing journalists on behalf of OPSN, the Director General of MAN, Segun Ajayi-Kadir, alleged that they have been inundated with several letters of invitations and summons for different investigative hearings by various Committees and Ad-hoc Committees of the National Assembly (Senate and House of Representatives) premised on the on section 88 and 89 of the 1999 Constitution as amended.
OPSN stated that: “This has been a notable challenge since the 7th National Assembly, from year 2012. Recently, several letters were received by our member-companies from the Ad-hoc committee on Non-Remittance to the National Housing Fund and Utilisation of the Fund from 2011 to date, and Ad-hoc Committee to investigate the compliance of Ministry, Departments and Agencies of government and corporate bodies with the industrial Training Fund Act, amongst other Committees.
“While we appreciate the appreciate the efforts of the National Assembly and it’s various Committees and Ad-hoc Committees to investigate and carry out oversight functions on Ministries, Departments and Agencies of government, we are o f the opinion that sections 88 and 89 of the constitution, relied upon by the the Committees of the National Assembly is not applicable businesses in the private sector.
“The continuous invitation from the Committees of the National Assembly compelled us to institute an action in 2012 for the determination of the constitutionality, scope and extent of sectors 88 and 89 of the 1999 constitution on businesses and private sector. The matter is currently at the Supreme Court with suit no/SC/734/2017.
“Being parties in the suit did not deter the various committees of the National Assembly from continually inviting our members for interrogation. Thus, it appears that the continuous invitations and related activities by the the various Committees and Ad-hoc Committees are at variance and unmindful of the proceedings in court and Supreme Court itself. We expect that the National Assembly will stay further action as a proof ot respect for the principle of separation of powers, pending the decision of the Court.
“In our letters (earlier referred to above), we had severally, referred the Committees to DHL International Nigeria Limited vs. Senate, Federal Republic of Nigeria & Ors in (FHC/ABJ/SC/261/2018. The judgement was delivered by Hon. Justice I.L. Ojukwu in May 2019, and is to the effect that private companies do not fall within the purview of persons envisaged under sections 88 and 89 of the 1999 constitution.”
OPSN added that they were surprised that the lawmakers are now imposing penalties on companies.
“At one of the hearings at the Ad-hoc committee to investigate the compliance of Ministries, Departments and Agencies of government and corporate bodies with Industrial Training Fund Act, last week, we were shocked at the development and manner in which the Committees imposed financial deficit/liabilities and penalties against many companies and thereafter commenced negotiation.
“These by law, are not within the purview of the Lawmakers. We are anxious that, if this trend remains unchecked, other Committees may adopt the same practice and the situation may degenerate into a bedlam.”
OPSN said that the action of the lawmakers is pushing direct foreign investors to others.
“It should be noted that the various invitations, summons and threats of arrests have the potential to further dampen the interest of foreign direct investors in the Nigerian economy. Also, it should interest you to note that many businesses have relocated out of the country and many others are rounding off their exit plan because of the inhospitable business environment.” OPSN stated.
