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Why Government insist on profiling NGOs

Despite failure to regulate the Non-Governmental Organizations (NGOs) Bill at the National Assembly, the Federal Government insist on profiling NGOs to ensure compliance with regulations against money laundering and terrorist financing.

According to the Director, Nigerian Financial Intelligence Unit (NFIU), Francis Usani, at a regional workshop organised by the Inter-Governmental Action Group Against Money Laundering in West Africa (GIABA), the profiling is aimed at addressing the “defiant” ones among the NGOs in the Country.

“There has been this misunderstanding by some NGOs who had come out to oppose the regulations put in place by the Government but these are for international best practices.

“We cannot just let NGOs to run around the streets of Nigeria unmonitored or uncoordinated, otherwise this will lead to serious problems.

“This is going to be a continuous exercise to profile and see the NGOs that are actually committed to their main cause and those not committed to any cause; these will probably be delisted and maybe their registrations be removed.”

The Director further noted that the workshop is a veritable tool in sensitizing NGOs on their obligations while being acquainted with the requirements of Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT) regulations.

“Like obligations to report transactions to the relevant authorities, to keep record of their transactions, to conduct due diligence on their sponsors.

“These are necessary because they could ignorantly receive donor funds from people whose aims are basically to finance terrorism or maybe cause some kind of mayhem.”

NGO Regulatory Commission Bill

In 2016, the Non-Governmental Organizations Regulatory Commission (Establishment) Bill was introduced in the House of Representatives by Umar Buba Jibril, a lawmaker from Kogi State.

The proposed law seeks to establish a federal agency responsible for the supervision, coordination, and monitoring of NGO and Civil Society Organizations (CSOs) in Nigeria.

The preamble of the bill describes it as one “to provide for the establishment of the Non-Governmental Organizations Regulatory Commission for the supervision, co-ordination and monitoring of Non-Governmental Organizations, Civil Society Organizations etc., in Nigeria and for related matters.”

The Bill was widely criticized, as many saw it a plan to stifle and cage the activities of the CSOs in the Country.

The proposed Bill seeks to establish a Regulatory Commission with an Executive Secretary and a 17-member Governing Board to be appointed by the President for a five-year tenure.

It would also empower the Commission to issue license as well as renew license for NGOs every two years.

The Bill will ensure organizations submit progress and completion reports of implemented programmes.

However, some have viewed the above functions of the Commission as duplication of duties, as some existing bodies are already in charge of the functions enumerated in the Bill.

The Companies and Allied Matters Act, and by extension the Corporate Affairs Commission established under it, already play regulatory role over NGOs in Nigeria.

Some provisions of the Bill that have generating controversies include:

  • Section 13(4) which renders any organization not registered under the Act (when passed into law) inoperative; many opine that as a plan to control and seize the right to Freedom of Association guaranteed under Section 40 of the 1999 Constitution.
  • Section 15(c) provides that the Board may refuse registration of any applicant if it is satisfied, on the recommendation of the Council, that the applicant should not be registered.

This means the board may not register an NGO based on its convictions.

Again, the proposed law gives the Commission the absolute discretion to determine what constitutes national interest.

It would also be empowered to scrutinize the activities of the NGOs and monitor how funds are spent and received.

Lawyer and Human Rights Activist, Femi Falana, also described the (NGO) Bill as the ‘worst piece of legislation’ in the history of Nigeria.

“Under the bill, any Civil Society group advocating for human rights, basic freedoms and good governance can be shut down and criminalised. The bill if passed will ultimately have a disastrous impact on Nigerian citizens’ democratic participation in furthering the development of their own Country.

“The HB585 Bill seeks the establishment of Non-Governmental Organisations regulatory commission for the supervision, coordination and monitoring of Non-Governmental Organisations and civil society groups among others and for related matters.

“The bill allows Government authorities to de-register local and international associations and NGOs if they consider them as not working in the ‘national interest’.”

He stated that the Bill places undue restrictions on the right to freely associate, which is a fundamental right and an essential component of democracy, as recognised by the UN Human Rights Council and should the bill be passed into law, he will vigorously challenge it in Court on grounds of its unconstitutionality and incompatibility with Nigeria’s international and regional human rights obligations and commitments.

Government’s argument

In 2012, Economic and Financial Crime Commission (EFCC), revealed that NGOs partner with corrupt individuals to launder money.

According to Angela Nworgu, Head of the Special Control Unit Against Money Laundering, (SCUML), at the EFCC, some NGOs serve as sponsors for criminal activities.

“Who use NGOs to carry out layering of stolen wealth through several Countries…to disguise the actual origin of the money do not mind loosing 40% of the total amount in the process, because it is money gotten from illegitimate means.”

In 2015, during a One-Day National Sensitization Training On Anti-Money Laundering and Counter-Terrorism Financing (AML/CFT) for Journalists, GIABA also identifies some NGOs are potential sponsors of terrorism in West Africa.

Speaking at the seminar, the Director-General of GAIBA, Adama Coulibaly, represented by the GAIBA Director of Program and Project, Nduka Buno, said there is need for regulators and decision makers to monitor the activities of NGOs for terrorism financing in the sub-region.

He noted that the sector is not being regulated and call for close watch and monitoring of its activities.

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