Acting President Yemi Osinbajo on Thursday signed three
executive orders that will significantly change some of the ways
government business and operations are conducted in the country forthwith. (read HERE)
Laolu Akande, his Senior Special Assistant to the President
on Media and Publicity, released full contents of the orders. See details below:
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 If there is any conflict between a published and an unpublished list of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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