The House of Representatives has approved five year jail term for any person who grant work permit to foreign nationals to perform duties for which Nigerians have the capacity to discharge in both public and private sector of the economy.
The recommendation was contained in the newly adopted legislation which seeks to ‘amend the Immigration Act, 2015 and make further provisions to restrict and regulate the issuance of Work Permit to Foreign Nationals and for related matters.’
The report which was referred to the Committee of the Whole on the 21th December, 2017, was considered and adopted on Wednesday, 21st February, 2018.
According to the report, obtained by BusinessDay, the newly introduced sub-sections 38(4, 5, 6 and 7) into the Principal Act, provides for stiffer penalties for breach of the Immigration Act.
Subsection 4 provides that: “No foreign national shall be granted a work permit in Nigeria unless the employer(s) has shown to the Comptroller General of Immigration, that he has sought applications from qualified Nigerians in that same position for which the foreign national/expatiate is being employed and no Nigerian possesses the requisite knowledge or is willing to work in that area of specialization or interest.”
Subsection 5 also provides that: “Any person of foreign national, who immediately before the coning into force of this bill is working in Nigeria may have his work permit revoked by the Comptroller General of Immigration and deportation order issued against such person.
“And any person to whom this section applies, who is employed in Nigeria shall on ceasing for reason to be so employed be deemed to be a prohibited immigrant as from the date of the expiration of his permit, and the person who employed him shall be liable to pay all costs and incidental for repatriation of the prohibited immigrant and of his dependents.”
The bill however provides that, any person named as a Director of a company is exempted from this provisions of this section.
Subsection 6 of the proposed bill, further stipulates that: “Any person or officer who either by himself or in collusion with any other person does any action or engage in any activity to breach the provisions of this section, shall conviction be liable to a fine not exceeding N2 million or five years imprisonment or both such fine and imprisonment as the Court may deem fit.”
Subsection 7 also provides that: “for the purpose of this section, any person being a company or association shall be deemed to be in Nigeria if carrying out work therein,” the bill stated.
According to the explanatory note of the bill, the bill seeks to make further provisions restrict and regulate the issuance of work permit to foreign nationals and expatiates thereby creating employment for Nigerian youths.”
Also at plenary, the House adopted the recommendations of the Committee on Information, National Orientation, Ethics and Values on a Bill for an Act to amend the National Broadcasting Commission Act, Cap. N11, Laws of the Federation of Nigeria, 2004 to provide for competition in Nigeria, to promote efficiency and expand opportunities for Nigerian’s Participation in World markets while at the same time recognizing the role of foreign competition in Nigeria.
According to section 25(f) of the bill which deals with sanctions, “any act or deed to overtly, purposely and/or covertly prevent or restrict any other person, corporate entity or broadcaster from entering into the media market or from obtaining a broadcasting right thereby preventing competition in Nigeria, any licensee, broadcaster or person found culpable upon investigation shall be liable to a fine not below the sum of N10 million in addition of apart from any requirement under section 25 thereof.
Section 26 further stipulates that the penalty shall apply to “all person, corporate entities affiliated companies, subsidiaries and/or broadcaster whether resident in Nigeria or not, provided they are engaged in broadcasting in Nigeria, or the owners/exclusive licensees of channels and/or programmes to be or being broadcast in Nigeria or the operators technical or other services for broadcast in Nigeria.”
KEHINDE AKINTOLA, Abuja
