From Adanna Nnamani, Abuja
The Organised Private Sector in Nigeria (OPSN) has decried what it described as incessant invitations, summons as well as threats by the National Assembly to organised businesses in the country.
It claimed the actions of the lawmakers were leading to loss of direct foreign investments to the country, shutdown of many companies as well as other negative impacts on businesses.
OPSN, umbrella body for key business associations such as the Manufacturers Association of Nigeria (MAN); Nigeria Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA); Nigeria Employers Consultative Association (NECA) and Nigeria Association of Small-Scale Industries (NASSI) as well as Nigeria Association of Small and Medium Enterprises (NASME), aired its grievances at a press briefing in Abuja, yesterday..
Director General of MAN, Segun Ajay-Kadir, who spoke, said members of organised businesses have been inundated with several letters of invitations and summons for different “investigative hearings by various Committees and Ad-hoc Committees of the National Assembly, premised on section 88 and 89 of the 1999 Constitution.
He said this has been a notable challenge since the 7th National Assembly, from 2012 with NASS committees imposing financial deficit, liabilities and penalties against many companies
According to him, the National Assembly did not have the jurisdiction to carry out oversight functions and investigations on private sector businesses.
“While we appreciate the efforts of the National Assembly and its various Committees and Ad-hoc Committees to investigate and carry out oversight functions on Ministries, Departments and Agencies of Government, we are of the view that sections 88 and 89 of the Constitution, relied upon by the Committees of the National Assembly is not applicable to Businesses in the Private Sector.”
Kadir said there were statutory agencies of government that have been saddled with responsibilities to enforce compliance of provisions of laws by businesses in the private sector.
“These agencies have been engaging businesses in the Private Sector and also carrying out their responsibilities. Thus, they should be invited to give information and account for the levels of compliance as it relates to the provisions of their enabling laws, and not private businesses. In order words, the National Assembly should not be the lawmakers and enforcers/implementers of the same laws.”
The DG said several attempts to dialogue with the lawmakers as a business organisation have all proven abortive.
He also disclosed that the continuous invitation from the committees of the National Assembly compelled the union to institute an action in 2012 for the determination of the constitutionality, scope and extent of sections 88 and 89 of the 1999 Constitution on businesses in the private sector.
He said the matter was currently at the Supreme Court with Suit No/SC/734/2017, but that being parties in the suit did not deter the various Committees of the National Assembly from continually inviting its members for interrogation.
The organisation therefore, begged the National Assembly to tarry for the decision of the Supreme Court in the case as the decision will resolve the issue of the frequent request for information and invitations/summons of private companies.
It also urged the law makers to focus on strengthening the capacity of the Executive Agencies to effectively carry out their functions, and refrain from carrying out any activity that would constitute a burden or destabilize law abiding businesses in the form of duplicated audits/regulations.
“The achievement of the 8-point Agenda of the current Administrations requires a conducive environment and active participation of the private sector. We crave the support and partnership of the National Assembly to enable the private sector to make its own contribution to this national agenda.
“We are highly desirous of a constructive engagement with the leadership of the Committees and seek the urgent intervention of the leadership of the National Assembly in order to bring about an amicable solution and deepen our collaboration for the good of the country.
“It should be noted that the various invitations, summons and threats of arrest have the potential to further dampen the interest of foreign direct investors in the Nigerian economy. Also, it should interest you to note that many businesses have relocated out of the country and many others are rounding off their exit plan because of the inhospitable business environment, he said.