NGO regulation bill threatens Nigeria’s hard-won democracy, academics, experts, others warn

In a statement, the 54 signatories point out that the Bill “is clearly intended to encourage the excesses of bad government”. They argue that the Bill endangers constitutional guarantees of freedom of association, assembly, speech as well as freedom of conscience and religion and “will license unconstitutional discrimination too.” The statement recalls that “NGOs have been integral to Nigeria’s democratisation”, noting that “because of the sacrifices and leadership of NGOs in confronting years of military misrule, members of the National Assembly can have the benefits and powers they enjoy today.” The signatories conclude that the NGO Regulation Bill is “a distraction, a threat to Nigeria’s hard-won democracy and a dis-incentive to investment at a time that the country need it. It is both insensitive and unconscionable.” To Nigeria’s National Assembly, they offer the suggestion that “this is the time for the Nigerian National Assembly to prioritize the serious business of the people by helping the country get out of its current difficulties. If it chooses this path, it will find willing and enthusiastic partners in Nigeria’s vibrant civil society and NGO community.” Please see the full statement and signatories below. NGO REGULATION BILL: A GRAVE DANGER TO NIGERIA’S DEMOCRACY The on-going attempt by the National Assembly to pass a law to control and undermine the operations of non-governmental organisations, NGOs, should be condemned by every Nigerian. In the grand scheme, this NGO Bill will create a government apparatus with ungoverned discretion to determine whether an NGO exists or for how long it will operate based on the dominant political whims of the day. As drafted, it has no place in a democracy and is clearly intended to encourage the excesses of bad government. It also violates Nigeria’s constitutional guarantees of freedom of association, assembly, speech and even of freedom of conscience and religion. It will license unconstitutional discrimination too. NGOs have been integral to Nigeria’s democratisation. Because of the sacrifices and leadership of NGOs in confronting years of military misrule, members of the National Assembly can have the benefits and powers they enjoy today. In those years, soldiers branded NGO activists as anti-government or sponsored by foreign interests to destabilise. Thankfully, these voices remain active in Nigeria today in the difficult task of keeping government in check. The proposals in this NGO Bill suggest that Nigeria’s Honourable Members and Distinguished Senators desire to bring back to life all the intolerance and high handedness of military rule, by clamping down on voluntary organisations, stifling free speech, restricting other political freedoms and dishonouring the tremendous sacrifices that ordinary Nigerians make to sustain their civic life. It is already public knowledge that there is an extensive body of legislation governing the activities of NGOs in Nigeria. Nigeria’s problem is not an absence of legislation but with implementing them effectively. In September 2017, the Nigerian House of Representatives Committee on Civil Society will hold a public hearing on the Bill. Every Nigerian of goodwill should lend their voices in condemning this bill and encourage the National Assembly to withdraw it from consideration. Nothing justifies the consideration or passage of this toxic piece of legislation. Current events in other African countries should remind us of the grave danger posed by the kind of unfettered powers that this Bill seeks to grant government. Nigeria is going through one of its most difficult times. Nigeria’s democracy is endangered. The executive is operating in disturbing levels of opacity. The reputation of the judiciary remains mired in serious allegations of corruption. Many Nigerians are suffering the consequences of negative economic growth, leading to desperate livelihood conditions. Insecurity afflicts nearly every part of the country in the form of Boko Haram atrocities, inter-communal conflicts, rising kidnappings, massive fatalities from conflicts between pastoralists and farmers, and growing number of internally displaced persons (IDPs). Poor health outcomes and indicators as a result of the continual reduction of life expectancy, increase in the incidence of malnutrition, high rate of maternal and child mortality among others. In the face of these existential problems, this NGO Bill is a distraction, a threat to Nigeria’s hard-won democracy and a dis-incentive to investment at a time that the country need it. It is both insensitive and unconscionable. Along with other proposals such as the Bill to regulate social media content, grant amnesty to treasury looters and give immunity to legislators, it is part of a growing list of abuse of legislative powers. It is important that the Nigerian National Assembly at this point should have an honest examination of its actions and take steps to salvage its credibility. This is the time for the Nigerian National Assembly to prioritise the serious business of the people by helping the country get out of its current difficulties. If it chooses this path, it will find willing and enthusiastic partners in Nigeria’s vibrant civil society and NGO community. Signed: 1. Maina Kiai, Former UN Special Rapporteur on the Freedom of Association 2. Ayo Obe, Former President, Civil Liberties Organisation, CLO 3. Olisa Agbakoba, SAN, Life Bencher & former President, Nigerian Bar Association (NBA), Lagos Nigeria

Former President, West African Bar Association (WABA) 5. Edetaen Ojo, Co-Chair, National Steering Committee, Nigeria Open Government Partnership (OGP) and Executive Director, Media Rights Agenda. 6. Chetan Bhatt, Director, Centre for the Study of Human Rights, London School of Economics & Political Science, (LSE), London UK 7. Idayat Hassan Executive Director, Centre for Democracy and Development (CDD) West Africa, Abuja Nigeria 8. Saudatu Mahdi Executive Director, Women’s Rights Advancement and Protection Alternative (WRAPA), Nigeria 9. Wale Okediran Former Member, House of Representatives, Abuja. 10. Ben Anyene Chairman, National Immunization Financing Task Team (NIFT) and Chairman, Health Sector Reform Coalition, Abuja Nigeria 11. Amma Ogan, Former Editor, The Independent Newspaper, South Africa 12. Jibrin Ibrahim, Senior Fellow, Centre for Democracy & Development West Africa, (CDD West Africa) Abuja Nigeria 13. Dapo Olorunyomi, Publisher, Premium Times Newspaper, Abuja Nigeria 14. Otive Igbuzor Executive Director, African Centre for Leadership, Strategy and Development (Centre LSD), Abuja Nigeria 15. Yunusa Ya’u, Executive Director, Centre for Information Technology and Development (CITAD), Kano Nigeria 16. Innocent Chukwuma, Founder, CLEEN Foundation Chairman, Editorial Board, Thisday Newspapers, Lagos Nigeria 18. Simon Kolawole, Publisher, The Cable, Abuja Nigeria 19. Kole Shettima, Director of Africa Office, MacArthur Foundation, Abuja Nigeria 20. Adele Jinadu, Emeritus President, African Political Science Association 21. Nsongurua Udombana, Pro-Chancellor, Ritman University, Ikot-Ekpene 22. Chidi Anselm Odinkalu, Chairman, Governing Council, Section on Public Interest & Development Law (SPIDEL), Nigerian Bar Association (NBA) 23. Pascal K Kambale, Human Rights lawyer; former law reform commissioner, the Democratic Republic of Congo 24. Yusufu Pam, Former Attorney-General, Plateau State; 25. Ayo Atsenuwa, Dean, Faculty of Law, University of Lagos, Nigeria 26. Adetokunbo Mumuni, Executive Director, Socio-Economic Rights & Accountability Project (SERAP), Lagos Nigeria 27. Kolawole Olaniyan, Legal Adviser, Amnesty International Nigeria, Abuja Nigeria 28. Eze Anaba, Editor, Vanguard Newspaper 29. Ayisha Osori, Chair, Board of Directors, Open Society Initiative for West Africa (OSIWA), Abuja Nigeria 30. Makmid Kamara, Deputy Director & Ag. Head of ESCR Team, Amnesty International, London UK 31. Osai Ojigho, Director, Amnesty International Nigeria, Abuja Nigeria 32. Achieng Maureen Akena, Executive Director, The Pan African Citizens Network (formerly CCPAU), Nairobi Kenya 33. Dinah Musindarwezo, Executive Director, African Women’s Development and Communication Network (FEMNET), Nairobi Kenya 34. Martha Makenge, Ag. Chief Executive Officer / Programmes Coordinator, East African Civil Society Organizations’ Forum, (EACSOF), Nairobi Kenya 35. Chido Onumah, Coordinator, African Centre for Media & Information Literacy, Abuja Nigeria 36. Isaac ‘Asume’ Osuoka, Director, Social Development Integrated Centre (Social Action), Port Harcourt, Nigeria 37. ‘Gbenga Sesan, Executive Director, Paradigm Initiative, Lagos Nigeria 38. Oluseun Onigbinde, Lead Partner, BudgIT Nigeria, Lagos Nigeria 39. Bronwen Manby, Visiting Senior Fellow, Centre for the Study of Human Rights, London School of Economics and Political Science (LSE), London UK 40. Samson Itodo Executive Director, Youth Initiative for Advocacy, Growth & Advancement (YIAGA), Abuja Nigeria 41. Seember Nyager, Chief Executive Officer, Public and Private Development Centre (PPDC), Abuja Nigeria 42. Akwe Amosu, Chief Integration Officer, Open Society Foundations, New York, USA 43. Dismas Nkunda, Executive Director, Atrocities Watch-Africa, Kampala, Uganda 44. Agnes Ebo’o, Founder, Citizens Governance Initiative, Yaounde, Cameroon 45. ‘Yemi Adamolekun Executive Director, EiE Nigeria, Lagos Nigeria 46. Udo Jude Ilo Country Officer and Head of Office, Open Society Initiative for West ​Africa (OSIWA), Abuja Nigeria 47. Benson Olugbuo, Executive Director, CLEEN Foundation 48. Iheoma Obibi Executive Director, Alliances for Africa, London Uk 49. Blessing Oparaocha Coordinator, Nigeria Feminist Forum, Lagos Nigeria. 50. Auwal ‘Rasfanjani’ Musa Exective Director, CISLAC, Abuja Nigeria, 51. Eze Onyekpere Executive Director, Centre for Social Justice (CSJ), Abuja Nigeria 52. Abiodun Baiyewu Executive Director, Global Rights, Abuja Nigeria 53. Emma Sokpo Director, Network for Health Equity and Development (NHED), Abuja Nigeria 54. Mike Ogirima National President, Nigerian Medical Association (NMA), Abuja Nigeria]]>