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The Organised Private Sector under the aegis of Nigeria Employers Consultative Association (NECA) says the frequent summoning of CEOs of organised businesses by the National Assembly in the guise of oversight role is at variance with the Federal Government’s drive on ease of business in the country.
The body also noted that the federal lawmakers were, by their ‘extra-regulatory and over-reaching activities’ adding to increase the perception of Nigeria as an unfriendly place to do business.
Olusegun Oshinowo, the Director General of NECA, who raised concern about the development on Monday, observed that the frequent invitation of the CEOs by the various committees of the National Assembly amounted to a disruption of businesses and smacks of illegality given that there are agencies in the executive arm of government empowered to regulate organised business.
Oshinowo specifically pointed to a recent letter and advertorial from the House of Representatives requesting information on product contents from some member companies of NECA and at the same time inviting these companies to appear before an investigative committee led by Femi Gbajabiamila, the House leader.
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According to the NECA DG, “While we have no issue against companies providing basic information to the legislators to help them in the course of their investigative activities, we do not agree with the frequent summons by the various committees to appear before them.
This is a fundamental matter in an on-going court case SC/734/2017 against the Speaker and the House, which is presently at the Supreme Court and the House is very well aware of this position.”
Oshinowo listed respondents in the case to include: Speaker of the House of Representatives (and by extension all the committees and ad-hoc committees within the House of Representatives) and the clerk of the National Assembly, among others.
According Oshinowo, the crux of the case is the determination of the extent of legislative investigatory powers as contained in sections 88 and 89 of the 1999 constitution, especially how it applies to private bodies.
“We expect, at least in the interim, that this committee stays further action as a proof of a responsible legislature pending the decision of the court,” he said.
Speaking further, he said “We must consistently remind ourselves that Nigeria is operating a federal constitution that is hinged on separation of power and responsibilities for the three arms of government. Hence, the legislators should seek to work cooperatively with parastatals and agencies of government whose primary role includes regulation of the private sector. It therefore seems strange and inappropriate for the legislative arm to either seek to carry out the functions of these agencies or bypass them all in the name of investigation or oversight function. We reiterate that the private sector does not come under the direct oversight responsibility of the law makers.”
He counselled that the legislature should cooperate with the Executive arm to realise the latter endeavours on the ease of doing business initiative under the auspices of the Presidential Enabling Business Environment Council (PEBEC).
JOSHUA BASSEY
