PRESIDENTIAL EXECUTIVE ORDERS 1-6 OF MAY 2017 TO JULY 2018 AS ENFORCABLE LEGISLATIVE INSTRUMENTS IN NIGERIA [AS AT JULY 6, 2018]


  • Wednesday July 18, 2018 08:26 AM
  • NILS Press Corps
GOAL: - TO ENLIGHTEN THE PUBLIC ON THE NECESSITY AND VALIDITY OF PRESIDENTIAL EXECUTIVE ORDERS (E.O.S) IN NIGERIA.

Date of Entry into Force
5TH JULY, 2018
Action/Subject Matter Coverage
EXECUTIVE ORDER No.6: - Preservation of Suspicious Assets connected with corruption and other relevant offences.
Objectives
• To activate existing provisions of the law on freezing of Assets such that accused persons are temporarily denied access to corruptly enriched resources which they can use to frustrate investigative and Judicial processes;
• To promote a more effective coordination of prosecutorial matters under the office of the Attorney General of the Federation.
Legal Basis
Sections 5 and 15 (5) of the CFRN, 1999 as amended, which extends to the execution and maintenance of the Constitution, all laws made by the NASS to abolish all corrupt practices and abuse of power.
Summary
• This Executive Order consists of seven sections and two schedules relating to the constitutional duty of government to restrict dealings in suspicious assets subject to corruption related investigations or inquiries in order to preserve same in accordance with the rule of law and to guarantee and safeguard fundamental human rights.
• The order also targets specific politically exposed persons who are currently being tried in Courts for corruption [First Schedule].
The order further seeks to restrain, pending the conclusion of their trials, owners of assets accused of corruption and elements, who purportedly aided and abetted the laundering of public funds for politically exposed persons, from carrying out any further transaction on such assets, which can otherwise be employed to thwart investigative and Judicial processes or for acts of terrorism, economic sabotage of Nigeria, financing of terrorism and ethno-religious violence.

Date of Entry into Force
2nd February 2018
Action/Subject Matter Coverage
EXECUTIVE ORDER No. 5: - For Planning and Execution of Projects, Promotion of Nigerian Content in Contracts and Science, Engineering and Technology.
Objectives
The harnessing of domestic talents and the development of indigenous capacity in science and engineering for the promotion of technological innovation needed to drive national competitiveness, productivity and economic activities which will invariably enhance the achievement of the nation’s development goals across all sectors of the economy.
Legal Basis
• Section 5 of the CFRN, 1999 as amended.
• Chapter 3 of CAMA cap.C20, LFN, 2004;
• Section 11(2) of COREN Act, cap.E11, LFN 2004; sections 5 and 11 of CIPSMN Act, cap. C53, LFN 2004;
• Public procurement Act No.14, 2007;
• NITDA Act No.28, 2007;
NOTAP Act, cap. N.62, LFN 2004.

Summary

• The thrust of the eighteen sections Executive Order 5 is the recognition of the vital role of science, technology and innovation in national economic development, particularly in the area of promoting Made in Nigeria Goods and Services [MNGS].
As a way of ensuring successful implementation of its provisions, the E.O.5: - strategically emphasizes the importance of competence and approved codes and standards for the indigenous professionals being encouraged by its directives; prescribes collaboration between MDAs and the Standard Organization of Nigeria [SON]; states that punishment for any violation of its provisions shall be as stipulated in the Public Service Rules and other relevant laws, including those governing Public Procurement and Professional practice in Nigeria; as well as establishes the Presidential Monitoring and Evaluation Council with the President and his Vice as Alternate Chairman to monitor progress of the implementation of the Executive Order.

Date of Entry into Force
29 June, 2018
Action/Subject Matter Coverage
EXECUTIVE ORDER No.4: - On the Voluntary Assets and Income Declaration Scheme [VAIDS]
Objectives
• To increase the level of Tax awareness and compliance, widen the tax net, and reduce incidence of tax evasion in the country.
To offer amnesty until March 31, 2018 [later extended to 30 June, 2018] to tax payers [individuals and corporate bodies] who have defaulted in their obligations in the past.
Legal Basis
Sections 5 and 24 [f] of the CFRN, 1999 as amended
Summary

• E.O.4 consists of thirteen sections. It offers amnesty to tax payers to regularize their tax affairs by providing a soft landing, which includes waiver of penalties and interest as well as immunity from tax audit and prosecution. It also provides protection of confidential information.
• The scheme covers all Federal and State taxes, including personal income tax, tertiary education tax, petroleum profit tax, value added tax, capital gains tax, stamp duties etc.
• Eligible tax payers are to disclose their assets, income and gains from sources within and outside Nigeria, taxes paid, if any, and outstanding taxes for the preceding six years of assessment (i.e. 2011-2016)
The scheme will be jointly executed by the Federal and State Government Tax authorities.

Date of Entry into Force
18th MAY, 2018
Action/Subject Matter Coverage
EXECUTIVE ORDER No. 3: - Timely Submission of annual budgetary estimates by all statutory and non-statutory agencies, including companies owned by the Federal Government.
Objectives
The mischief the order aims to cure is the delay in the passage and assent of National Budget occasioned by the late preparation and transmission of budget estimates by MDAs, with the 2016 and 2017 budgets as perfect reference points.
Legal Basis
Sections 5(1) (b) and 81 of the CFRN, 1999 as amended.
Summary
• The Executive Order consists of eight sections. It directs all MDAs to, on or before the end of May every year, prepare and submit their schedule of revenue and expenditure estimates for the next three financial years. These are to be submitted to the Ministers of Finance and Budget/National Planning.
• The Order further stipulates that MDAs shall on/or before the end of July every year, prepare and submit to the Ministers of Finance and Budget/National Planning their annual budget estimates, which shall be derived from the estimates of revenue and expenditure as projected in the three-year schedule earlier mentioned.
• Upon submission of the said schedule, the Ministers of Finance and Budget are to review the estimates and ensure their conformity with the national plan before they are approved and transmitted to the NASS for consideration.
• The Order provides also that for erring MDAs, no payment shall be made in respect of any capital or recurrent liability, other than payment for salaries and allowances.
The Order prescribes that Heads of MDAs and CEOs of Government owned companies shall take personal responsibility and be subject to appropriate sanctions for any failure to comply with this order.

Date of Entry into Force
18th MAY, 2017
Action/Subject Matter Coverage
EXECUTIVE ORDER No. 2: - Promotion of local content in public procurement by the Federal Government.
Objectives
To grant preference to local manufacturers of goods and service providers in their procurement of goods and services.
Legal Basis
• Section 5 (1) (b) CFRN 1999, as amended.
Public Procurement Act, 2007.

Summary
• This Order consists of eight sections. It directs all MDAs at the Federal level to provide support for local content in public procurement and that any invitation for tenders shall specify the eligibility criteria for local manufacturers and the preference to be granted such manufacturers, in the procurement process.
• The Order stipulates that the Heads of MDAs at federal level shall, within 90 days of the date of this order propose policies to ensure that the Federal Government’s procurement of goods and services maximizes the use of goods manufactured in Nigeria and services provided by Nigerian citizens doing business as sole proprietors, firms, or companies held wholly by them or in the majority.
• Under this Order, there are many provisions for Made-in-Nigeria products and services to be given preference, up to 40% in any procurement exercise to be carried out by federal MDAs.
This is in a bid to reduce over-reliance on foreign goods that are also produced locally and to encourage local production and entrepreneurship in Nigeria.

Date of Entry into Force
18th MAY, 2017
Action/Subject Matter Coverage
EXECUTIVE ORDER NO.1 : - on the Promotion of Transparency and Efficiency in the Business Environment
Objectives
To facilitate the ease of doing business in Nigeria through the promotion of transparency and efficiency in the business environment.
Legal Basis
Section 5 (1) (b) CFRN, 1999 as amended.
Summary
• The order provides for very sweeping innovations across board in MDAs mostly involved in revenue generation for the Government. More than 105 MDAs are affected by this order. Among them are the Corporate Affairs Commission and the Nigerian Immigration Service.
Federal MDAs were ordered to publish a complete list of requirements including fees on their websites and to ensure that the list is verified and updated at all times in order to guide and ease application process for both local and foreign investors/business.

COMPILED BY
PROF. M.T LADAN
DIRECTOR, LEGISLATIVE SUPPORT SERVICES-NATIONAL INSTITUTE FOR LEGISLATIVE AND DEMOCRATIC STUDIES