A BILL FOR AN ACT TO REQUIRE STATUTORY BODIES TO PREPARE AND FORWARD TO THE NATIONAL ASSEMBLY THROUGH THE PRESIDENT ANNUAL REPORTS OF ITS OPERATIONS AND FINANCES; AND FOR OTHER MATTERS CONNECTED THEREWITH by Hon. O. K. Chinda

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[                                               ] BE IT ENACTED by the National Assembly of the Federal Republic of Nigeria as follows –  1._ (1) Except otherwise provided by the Constitution, where by an Act of the National Assembly, on any matter within the legislative competence of the National Assembly, a statutory body is required to prepare an annual report of its operation, the provisions of this Act shall apply notwithstanding any contrary provision in the Act or any other law. (2) The provisions of this Act shall apply to statutory bodies set up under the Constitution or an Act of the National Assembly but shall not apply to professional bodies established pursuant to an Act of the National Assembly. 2._ As from the commencement of this Act, it shall be unlawful for any statutory body listed or referred to under section 1(2) of this Act not to comply with the provisions of this Act. 3._ As from the commencement of this Act, all statutory bodies shall prepare –  (a) a report of its operations; (b) a report of its finances; and (c) an auditor’s report, for the immediate succeeding year and shall submit same to the President not later than 31st March of each year. 4._ The President shall cause the reports submitted to him pursuant to section 3 of this Act to be forward to both Houses of the National Assembly within 30 days of receipt of such report. (2) Upon receipt of the report forwarded pursuant to subsection  (1) of this section, the President of the Senate or the Speaker of the House of Representatives shall on the next legislative day announce the receipt of such report in the plenary session and refer same to the appropriate committee(s).  5._ Committees of each House of the National Assembly shall use report(s) brought before it for the purposes of – (a) oversight functions; (b) investigation of the activities of statutory bodies; (c) assessment for budgetary compliance; etc.  6._ (1) This Act hereby consequentially amends all Acts of the National Assembly establishing statutory bodies in Nigeria. (2) The amendment thereof shall bring such Acts of the National Assembly in conformity with the provisions of this Act. 7._ (1) A person who contravenes a provision of this Act is liable to gross misconduct in service and on the recommendation of both houses of the National Assembly disciplinary action shall be commenced, according to the law or the rule of service, which is applicable, against him or her. (2) Nothing in this section shall prejudice the prosecution of a person undergoing disciplinary action or preclude such person from being prosecuted or punished for an offence in a court of law. (3) Where a person who is a public officer is liable under this Act, unless he shows reasonable cause which is sufficient for his or her pardon, he or she shall be personally liable. (4) The person referred to in subsection  (1) of this section shall be the head of a statutory body. 8._ In this Act, unless the context otherwise requires –  “Constitution” means the Constitution of the Federal Republic of Nigeria, 1999; “National Assembly” means the Senate and House of Representatives; “power” includes function and duty; “public officer” means a member of staff of the public service defined by the Constitution; “statutory body” means bodies corporate established pursuant to an Act of the National Assembly and the Constitution. 9._ This Bill may be cited as the Statutory Bodies (Annual Reports, etc.) Bill, 2011.

Commencement. Application to statutory bodies. Effect of non-compliance with the provisions of this Act.  Preparation of annual reports. Presentation of annual reports to the National Assembly. Duties of Committees of the National Assembly. Consequential amendment. Disciplinary action for gross misconduct. Interpretation. Short title.

SCHEDULE

Statutory bodies to which this Act applies

1. Bureau of Public Enterprises
2. Central Bank of Nigeria
3. Code of Conduct Bureau
4. Corporate Affairs Commission
5. Federal Inland Revenue Service
6. Economic and Financial Crimes Commission
7. Education Tax Fund
8. Federal Airport Authority of Nigeria
9. Federal Character Commission
10. Federal Government Staff Housing Board
11. Federal Housing Authority
12. Federal Mortgage Bank of Nigeria
13. Federal Radio Corporation of Nigeria
14. Federal Road Safety Commission
15. Independent National Electoral Commission
16. Industrial Training Fund
17. National Agency for Food and Drug Administration and Control
18. National Agency for Science and Engineering Infrastructures
19. National Assembly Service Commission
20. National Automotive Council
21. National Board for Community Banks
22. National Board for Technical Education
23. National Boundary Commission
24. National Broadcasting Commission
25. National Business and Technical Examination Board
26. National Centre for Agricultural Mechanisation
27. National Centre for Economic Management and Administration
28. National Centre for Women Development
29. National Commission for Colleges of Education
30. National Commission for Mass Literacy, Adult and Non-Formal Education
31. National Commission for Nomadic Education
32. National Commission for Refugees
33. National Directorate of Employment
34. National Drug Law Enforcement Agency
35. National Emergency Management Agency
36. National Examinations Council
37. National Film and Video Censors Board
38. National Gallery of Arts
39. National Health Insurance Scheme
40. National Hospital for Women and Children
41. National Human Rights Commission
42. National Inland Waterways Authority
43. National Institute for Policy and Strategic Studies
44. National Institute of Sports
45. National Insurance Commission
46. National Library of Nigeria
47. National Manpower Board
48. National Mathematical Centre
49. National Office for Technology Acquisition and Promotion
50. National Orientation Agency
51. National Park Service
52. National Planning Commission
53. National Population Commission
54. National Primary Health Care Development Agency
55. National Productivity Centre
56. National Salaries, Income and Wages Commission
57. National Sugar Development Council
58. National Universities Commission
59. National Youth Service Corps
60. News Agency of Nigeria
61. Niger-Delta Development Commission
62. Nigeria Social Insurance Trust Fund
63. Nigeria Customs Service
64. Nigeria Immigration Service
65. Nigeria Prison Service
66. Nigerian Agricultural Insurance Corporation
67. Nigerian Airspace Management Agency
68. Nigerian Atomic Energy Commission
69. Nigerian Civil Aviation Authority
70. Nigerian Coal Corporation
71. Nigerian College of Aviation Technology
72. Nigerian Communications Commission
73. Nigerian Deposit Insurance Corporation
74. Nigerian Educational Research and Development Centre
75. Nigerian Export-Import Bank
76. Nigerian Export Processing Zones Authority
77. Nigerian Export Promotion Council
78. Nigerian Film Corporation
79. Nigerian Institute of International Affairs
80. Nigerian Institute of Social and Economic Research
81. Nigerian Institute of Transport Technology
82. Nigerian Investment Promotion Commission
83. Nigerian Law Reform Commission
84. Nigerian National Petroleum Corporation
85. Nigerian Pilgrims Commission
86. Nigerian Ports Authority
87. Nigerian Postal Service
88. Nigerian Railway Corporation
89. Nigerian Shippers’ Council
90. Nigerian  Television Authority
91. Nigerian Tourism Development Corporation
92. Nigerian Nuclear Regulatory Agency
93. Petroleum Technology Development Fund
94. Petroleum Training Institute
95. Revenue Mobilization, Allocation and Fiscal Commission
96. River Basin Development Authorities
97. Securities and Exchange Commission
98. Sheda Science and Technology Complex

99.  Standards Organisation of Nigeria

100.    Teachers’ Registration Council of Nigeria

101.    Tertiary educational institutions established by an Act of the National Assembly

102.    Research institutions established by an Act of the National Assembly

103.    Other statutory bodies as may be established by an Act of the National Assembly

EXPLANATORY MEMORANDUM

This Bill seeks to require statutory bodies to prepare and forward to the National Assembly through the President annual reports of its operations and finances and for the enhancement of transparency and accountability by statutory bodies.