In exercise of
the presidential authorities vested in the Executive arm of government, Acting
President Yemi Osinbajo, SAN, today signed three executive orders that will
significantly change some of the ways government business and operations are
conducted in the country forthwith.
Ahead of the
signing, the Acting President held an interactive session at the old Banquet
Hall of Presidential Villa with all relevant government officials, including
ministers, permanent secretaries and heads of departments and agencies among
others. The session was meant to directly engage government officials who would
be implementing the orders and the new instructions.
The executive
orders also stipulate sanctions and punitive measures meant to address
violations where necessary.
Specifically,
Prof. Osinbajo signed three executive orders giving specific instructions on a
number of policy issues affecting:
*the promotion
of transparency and efficiency in the business environment designed to
facilitate the ease of doing business in the country,
*support for
local contents in public procurement by the Federal Government, and
*timely
submission of annual budgetary estimates by all statutory and non-statutory
agencies, including companies owned by the Federal Government.
Highlights
of the three orders are as follows listed in A, B & C:
A.
On the
Promotion of Transparency and Efficiency in the Business Environment
WHEREAS, it is the
policy of the Federal Government of Nigeria (FGN) to create an enabling
environment for businesses and entrench measures and strategies aimed at
promoting transparency and efficiency;
WHEREAS, the FGN
is committed to the promotion of domestic and foreign investments, creation of
employment and stimulation of the national economy; and
WHEREAS, His
Excellency, Muhammadu Buhari, GCFR, the President, Commander-in-Chief of
the Armed Forces, Federal Republic of Nigeria constituted the Presidential
Enabling Business Environment Council to coordinate the implementation of this
policy;
NOW THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME BY THE
CONSTITUTION AS THE ACTING PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA, I
HEREBY ORDER AS FOLLOWS:
Transparency in MDAs
1.
Every Ministry, Department and Agency (MDA) of the FGN shall publish a complete
list of all requirements or conditions for obtaining products and services
within the MDA’s scope of responsibility, including permits, licenses, waivers, tax
related processes, filings and approvals. The list shall –
a.
include all fees and timelines required for the processing of applications for
the products and services; and
b.
be conspicuously pasted on the premises of the relevant MDA and published on
its website within 21 days from the date of issuance of this Order.
2.
It shall be the responsibility of the head of the relevant MDA to ensure that
the list is verified and kept up-to-date at all times. If there is any conflict
between a published and an unpublished list of requirements, the published list
shall prevail.
Default Approvals
3.
Where the relevant agency or official fails to communicate approval or
rejection of an application within the time stipulated in the published list,
all applications for business registrations, certification, waivers, licenses
or permits not concluded within the stipulated timeline shall be deemed
approved and granted.
4.
The mode of communication of official decisions to applicants shall be stated
in the published requirements.
5.
Where applications are rejected within the stipulated timeline, all rejections
shall be given with reasons. Rejections of applications shall be tracked and
accurate records kept at all times for each MDA and shall be submitted to the
head of the MDA on a weekly basis.
6.
There shall be at least two (2) modes of communication of acceptance or
rejection of applications to the applicants by the relevant MDAs before the
expiration of the stipulated time, including letters, emails and publications
on MDA websites.
7.
The applicant’s acknowledgement copy of the application, including electronic
submission acknowledgements, shall serve as proof of the date of submission of
the application for purposes of determination of the commencement of the
application timeline.
8.
An Applicant whose application is deemed granted under this Directive may apply
to the Minister for the time being in charge of the application for the
issuance of any document or certificate in evidence of the grant within 14 days
of lapse of the MDA’s stipulated timeline for the application.
9. Failure
of the appropriate officer to act on any application within the timeline
stipulated, without lawful excuse, shall amount to misconduct and be subject to
appropriate disciplinary proceedings in accordance with the law and regulations
applicable to the civil or public service.
One Government
Directive
10. An MDA that
requires input documentation, requirements or conditions from another MDA in
order to deliver products and services on applications within the originating
MDA’s remit or mandate, including permits, licenses, waivers, tax
documentation, filings and approvals shall only request a photocopy or other
prima facie proof from the applicant. It shall be the responsibility of the
originating MDA to seek verification or certification directly from the issuing
MDA.
11. Service
Level Agreements shall be binding on MDAs and shall be relied upon by MDAs in
the issuance of published stipulated timelines for processing of applications
for the products and services.
12. It shall be
the responsibility of the head of the relevant MDA to ensure that the agreed
terms of the Service Level Agreements are adhered to.
13. Failure of
the appropriate officer to act within the timeline stipulated in the Service
Level Agreement, without lawful excuse, shall amount to misconduct and be
subject to appropriate disciplinary proceedings in accordance with the law and
regulations applicable to the civil or public service.
Entry Experience
of Visitors and Travellers
14. Ordinary
tourist and business entry visas to Nigeria shall henceforth be issued or
rejected with reason by the Consular Office of Nigerian Embassies and High Commissions
within 48 hours of receipt of valid application. The timeline shall be notified
to the public by pasting a notice conspicuously at every Consular Office and by
publication on every website of Nigerian Embassies and High Commissions.
15. A comprehensive
and up to date list of requirements, conditions and procedures for obtaining
visa on arrival, including estimated timeframe, shall be published on all
immigration-related websites in Nigeria and abroad, including Embassies and
High Commissions, and all ports of entry into Nigeria.
16. The
processing of issuance of visas on arrival shall be carried out in a
transparent manner. Visas on arrival shall be granted at all Nigerian ports of
entry once applicants have met all the published requirements.
Port Operations
17. There shall
be no touting whatsoever by official or unofficial persons at any port in
Nigeria. On duty staff shall be properly identified by uniform and official
cards. Off duty staff shall stay away from the ports except with the express
approval of the agency head. The FAAN Aviation Security (AVSEC) and Nigeria
Ports Authority (NPA) Security shall enforce this order.
18. All
non-official staff shall be removed from the secured areas of airports. No
official of FAAN, Immigration, security agency or Ministry of Foreign Affairs
(MoFA) or any other agency is to meet any non-designated dignitary at any
secure areas of the airport. The official approved list of dignitaries that
have been pre-approved to be received by protocol officers shall be made
available to AVSEC and other relevant agencies ahead of their arrival at the
airport.
19. Any official
caught soliciting or receiving bribes from passengers or other port users shall
be subject to immediate removal from post and disciplinary as well as criminal
proceedings in line with extant laws and regulations.
20. All relevant
MDAs at the airports shall within 30 days of the issuance of this Order merge
their respective departure and arrival interfaces into a single customer
interface, without prejudice to necessary backend procedures.
21. All agencies
currently physically present in Nigerian Ports shall within 60 days harmonise
their operations into one single interface station domiciled in one location in
the port and implemented by a single joint task force at all times, without
prejudice to necessary backend procedures.
22. The new
single interface station at each Port shall capture, track and record
information on all goods arriving and departing from Nigeria and remit captured
information to the head of the MDA and the head of the National Bureau of
Statistics on a weekly basis.
23. Each Port in
Nigeria shall assign an existing export terminal to be dedicated to the
exportation of agriculture produce within 30 days of the issuance of this
Order.
24. The Apapa
Port shall resume 24-hour operations within 30 days of the issuance of this
Order.
Registration of
Businesses
25. The
Registrar-General of the Corporate Affairs Commission (CAC) shall within 14
days of the issuance of this Order ensure that all registration processes at
the CAC are fully automated through the CAC website from the start of an
application process to completion, including ensuring the availability of an
online payment platform where necessary.
Effective Date
of the Order
26. This
Executive Order shall take effect immediately.
Dated this 18th. . . . . .. . day of May .
. . . . . 2017.
SIGNED BY
Prof. Yemi Osinbajo, SAN, GCON
Acting President of the Federal Republic of
Nigeria
B.
On
support for local contents in public procurement by the Federal Government.
All Ministries,
Departments and Agencies (MDAs) of the FGN shall grant preference to local
manufacturers of goods and service providers in their procurement of goods and
services.
2.
Any document issued by any MDA of the FGN for the solicitation of offers, bids,
proposals or quotations for the supply or provision of goods and services (Solicitation
Document), in accordance with (1) above, shall expressly indicate the
preference to be granted to domestic manufacturers, contractors and service
providers and the information required to establish the eligibility of a bid
for such preference.
3.
All Solicitation Documents shall require bidders or potential manufacturers,
suppliers, contractors and consultants to provide a verifiable statement on the
local content of the goods or services to be provided.
4.
Made-in-Nigeria products shall be given preference in the procurement of the
following items and at least 40% of the procurement expenditure on these items
in all MDAs of the FGN shall be locally manufactured goods or local service
providers:
a.
Uniforms and Footwear;
b.
Food and Beverages;
c. Furniture & Fittings;
d. Stationery;
e.
Motor Vehicles;
f.
Pharmaceuticals;
g.
Construction Materials; and
h
Information and Communication Technology;
5.
Within 90 days of the date of this Order, the heads of all MDAs of the FGN
shall:
a.
assess the monitoring, enforcement, implementation, and compliance with this
Executive Order and local content stipulations in the Public Procurement Act or
any other relevant Act within their agencies;
b.
propose policies to ensure that the Federal Government’s procurement of goods and
services maximises 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; and
c.
submit such findings to the Honourable Minister of Industry, Trade &
Investment.
6.
Within 180 days of the date of this order, the Minister of Industry, Trade
& Investment in consultation with the Director-General of the Bureau for
Public Procurement shall submit to the President, a report on the
Made-in-Nigeria initiative that includes findings from paragraph 4 above.
This report shall include specific recommendations to strengthen the implementation
of Local Content Laws and local content procurement preference policies and
programmes.
7.
For the purpose of this Order, “local content” means the amount
of Nigerian or locally produced human and material resources utilised in the
manufacture of goods or rendering of services.
8.
This Executive Order shall take effect immediately.
Dated this 18th. . . . . .. . day of May .
. . . . . 2017.
SIGNED BY
Prof. Yemi Osinbajo, SAN, GCON
Acting President of the Federal Republic of
Nigeria
C.
ON BUDGETS
All Agencies,
whether or not listed in the Fiscal Responsibility Act, shall, on or before
the end May every year, cause to be prepared and submitted to the Minister of
Finance and the Minister of Budget and National Planning their schedule of
revenue and expenditure estimates for the next three financial years.
2.
All Agencies shall, on or before the end of July every year, cause to be
prepared and submitted to the Minister of Finance and the Minister of Budget
and National Planning their annual budget estimates, which shall be derived
from the estimates of revenue and expenditure as projected in their
three-year schedule.
3. A
joint committee of the Ministries of Finance, and the Budget and National
Planning shall review such estimates and ensure their conformity with the
national plan and the financial and budgetary regulations before processing
them for approval and early transmission to the National Assembly.
4.
Supervising Ministers and Heads of Agencies as well as the Chief Executive
Officers of Government owned companies shall verify that the process of
preparation, harmonisation and collation of budget estimates are as stipulated
in relevant laws and guidelines as well as ensure strict compliance with this
Executive Order.
5.
Except with the express consent of the President, no payment shall be made in
respect of any capital or recurrent liability of an Agency, other than payment
of due salaries and allowances, unless the Agency has an approved budget and
the payment is in conformity with the approval.
6.
Heads of Agencies and Chief Executive Officers of Government owned companies
shall take personal responsibility and be subject to appropriate sanctions for
any failure to comply with this Order.
7.
Any revenue or other funds of an Agency in excess of the amounts budgeted and
duly expended shall accrue to the consolidated revenue fund of the Federal
Government.
8.
This Executive Order shall take effect immediately.
Dated this 18th. . . . . .. . day of May .
. . . . . 2017.
SIGNED BY
Prof. Yemi Osinbajo, SAN, GCON
Acting President of the Federal Republic of
Nigeria
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