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Architecture suffers amidst ARCON, NIA lingering crisis

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2 years ago

The crisis between the Architects Registration Council of Nigeria (ARCON) and the Nigerian Institute of Architects (NIA) is already having negative effects on the architecture profession in the country. Considerable number of graduates are unable to register or proceed on full licensure programmes in the last seven years, DAYO AYEYEMI reports.

It’s no longer news that the Nigerian Institute of Architects (NIA) and the Architects Registration Council of Nigeria (ARCON) are at loggerheads over alleged statutory functions.

The crisis has degenerated into deep mess without solutions in sight as both parties have been in court over protracted and irreconcilable differences said to border on constitutional matters.

The unresolved dispute has rendered many young and fresh graduates in architecture redundant in the last few years as they could not sit for exams or certify as professional architects.

A report said the trouble started when efforts were made to make nominations to ARCON council and litigation was instituted by members of the architecture profession, seeking to stop the inauguration of the council, which led to the cancellation of the inauguration last year.

Another said the problem came because the regulated (NIA) wanted or sought to regulate the regulator (ARCON).

Yet, another report says that the crisis has gone on following allegation of infractions made against some officials of the NIA.

But while the association is carrying on its activities without any hitch, ARCON has virtually been rendered incapacitated as it has not been able to deliver on its mandates.

As at the moment, the regulator does not have a council. However, it now has a management committee, which consists of the president, the vice president, the registrar and the treasurer.

The differences came to a head over a year ago when the immediate past Minister of Works and Housing, Mr. Babatunde Fashola, directed the stoppage of a planned annual programme, popularly known as Colloquium being organised by ARCON.

Also, the then minister directed stoppage of another evaluation programme ‹Architects Professional Competency Evaluation (APCE) Exercise’.

The former minister cancelled the committee’s plans on the basis that what it planned to undertake were core functions of the council, saying “such conducts are clearly not only in violation of their enabling statute but could also attract criminal sanctions.”

The former minister urged the committee to refrain from all activities which constitute statutory functions of the Council as enumerated in Section 2 (1) (a-c) of the Act until a new properly constituted Council is in place.

He then advised the committee to intensify efforts to reconcile the warring factions to embrace dialogue in resolving issues leading to the stagnation of the profession rather than engage in litigation that created the current impasse, and ensure that the issues are speedily and amicably resolved in the best interest of the architecture profession.

Nigerian Tribune gathered that in the midst of the crisis, a considerable number of architects, who had sat for and passed the professional qualifying examination have not been able to register.

In the last one year, for example, about three sets of qualified graduates are yet to be recognised due to suspension of the activities of ARCON.

Experts’ views

Speaking with one of the parties under the Association of Nigerian Chartered Architects (ANCA), Dr Koye Jolaoso, described crisis within the architecture profession as a very “bad situation.” According to him, the dispute has in turn, put the public at risk, where unlicensed practitioners have been sighted and notorious for building collapses across the country.

“Making the matter worse is the pool of prospective applicants who are unable to proceed on the full licensure programmes as a result of the somewhat incapacitated situation of the regulatory body thus, shortchanging or deprivating the Nigerian populace of the options of engaging the services of competent architects,” he said.

He pointed out that only ARCON is empowered to license and register qualified, competent for practice of architecture in Nigeria, just as it is obtainable in the fields of medicine, pharmacy, engineering, surveying, town planning amongst others.

Doing otherwise by engaging the unpermitted and unlicensed persons, he said would amount to promoting incompetence and quackery; taking unmitigated risks and endangering the lives and properties.

Tracing the genesis of the crisis, Jolaoso said it came because the regulated (an association) wanted or sought to regulate the regulator.

“The genesis was the fraudulent conduct of exams by the association in 2016 and 2017, which resulted in a 1000 +page document of infractions and examination misconduct, the takeover by the regulator which automatically brought the revenue generated therefrom the professional association under the government’s TSA accounts, thus resulting into the contention of who should conduct qualifying examination or evaluation and who should collect the revenue therefrom, while undoubtedly should be the sole responsibility, authority and rights of the regulator as it is with other regulators.”

According to him, a group of architectures believed and strongly felt it was not proper and would not augur well for the profession, while the other group, according to him, went behind to stop the regulator from carrying out its statutory functions.

“It was against this backdrop that one of the professional associations, the ANCA approached the court on a number of issues, which include the proprietary or otherwise of government funds and activities being run or anchored by private individuals or associations, as it was observed to have been going on since 1970, which was only stopped by the regulator in 2016, hence the current dispute.

This, he said, would require retrospection and holistic review of the enabling ARCON Act, with the view to be more comprehensive, far-reaching and enabling on its mandate in line with the international best practices.

For emphasis sake, he said “The Architects Registration Council of Nigeria (ARCON) is a Federal Government agency, set up by Decree No 10 of 1969; and Act CAP A19, (Registration, etc.,), laws of the Federation of Nigeria 2004 (as amended), to regulate and control the training and practice of the architecture profession in all its ramification for the benefit of architects, all Nigerians and public safety.

“What ARCON does is to determine standards of knowledge and skills to be attained by persons seeking to become certified and registered architect to provide architectural services or practise architecture in Nigeria; raise those standards from time to time as circumstances may permit; and maintain a register of same.”

“Whereas, the Association of Nigerian Chartered Architects (ANCA), as well as, the Nigerian Institute of Architects (NIA) are professional associations or organisations set up to advocate and advance the cause of architecture in Nigeria, with the intent of making Nigerian architects more responsive to the challenges of architecture and the built environment in Nigeria and beyond through capacity building, exposure to international best practices and current trends. They are by that under the regulation of ARCON,” he said.

Another concerned professional, Mr Ladi Lewis, corroborated Jolaoso, saying the main issue bordered on regulatory law, the definition of council, which is seen as the board members not the agency itself. The constitution of the council, which gives veto, powers to an association over its regulator.

Also, empowering the same association to carry out exams and statutory functions on behalf of the regulatory body and collecting funds for years for these activities without the knowledge of the regulator or government, funds that should have gone into government coffers, this has been going on since 1970 and was only stopped by the regulator in 2016.”

To resolve the crisis, he said the two should be separated as in every other clime where architecture is practised, pointing out that the sole aim of ARCON “is to police the architects represented by the association.”

“ARCON’s role as regulator is defined but someone sneaked in clauses into the Act that allowed the association to usurp the role of the regulator without governments’ knowledge,” he said.

Another views

Chairman, Nigerian Institute of Architects, Lagos State chapter, Mr David Majekodunmi, said that until the ARCON council is constituted, there won’t be any way forward.

Going forward, Majekodunmi said those that instituted the court action should withdraw it.

“Failure to withdraw it, we will wait until judgement is given. And when that is done, if we need to appeal, we will,” he said.

He explained that some individuals,who formed a parallel body to NIA are behind the crisis.

According to him, they insisted that the ARCON council should not be constituted.

According to them, ARC 19 of the Federal Government of Nigeria for architecture registration, the institute was recognised in that law.

“It’s Nigeria law of architecture, the new body wants to be recognised and they have to go back to the National Assembly, at least for the constitution of Nigeria to be reviewed for their participation.

“As a matter of fact, this crisis is affecting so many people. For at least seven years, there was no examination; there was no admission of new members just because of some group who believe they are the emperors of architecture.

“When we tried to have a truce with them; there was a retreat where we asked them what led to the grievance. They gave excuses that they were not allowed to be president; some said they removed them from office unceremoniously.

“What is the hullabaloo of getting an injunction? They said NIA was not NIA, it was NIA limited,” the Lagos NIA chairman said.

He described the implications of the crisis, as “sad”, saying that many future architects have been suffering due to this.

“If you go to the university, you cannot be promoted; you go into the service, you can’t be promoted because of some selfish interests.

“ARCON is like the Nigerian University Commission, COREN. The NIA was established in 1960 and ARC 19 clearly stated that ARCON is to regulate, license architects, must have the institute exams, and the interpretation of institute is NIA. It’s just that some people are taking law into their hands.”

When met with Fashola, Majekodunmi said the former minister explained that he would have constituted ARCON, but there was an injunction he would not want go against until judgement is given.

Another practitioner, Femi Shodunke, an architect, said it was quite unfortunate that for seven years, fresh architects being turned to the market that are expected to join the rank of practising are not allowed to sit for professional examination.

He explained that the warring factions dragged themselves to the court, waiting for the pronouncement of the court to know the next line of action

“Everybody is waiting for the judicial pronouncement. The internal crisis has affected the career path of those who want to join the rank of practising architects.

“Whatever the pronouncement, we need to toe the path of peace,” Shodunke said.

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