Bauchi Assembly passes 2 bills into law, refers another to committee for scrutiny

Bauchi State House of Assembly on Thursday, passed two bills into law, the bills are: a Bill for a Law to establish a Penal Code for Bauchi State and a Bill for a Law to amend a law to provide for the establishment of Bauchi State Emergency Management Agency.

The House Committee on Justice and Judiciary had earlier during plenary presented a report on a Bill for a Law to establish a Penal Code for Bauchi State as laid by the Chairman of the Committee, Hon. Bello Muazu Shira representing  Shira Constituency.

The Committee explained that it had engaged stakeholders of the administration of justice in the State to holistically review the Penal Code of the State as it was observed that the Penal Code of Bauchi State was passed into law in 1967 and the laws contained therein had become obsolete thereby truncating the administration of justice in the State. 

Thus, because of the fact that it is no longer in tandem with current realities in terms of crimes and punishments had necessitated the need to amend and standardize the Penal Code to make it reckon with modern penal laws and practices so as to address the challenges and loopholes that hinder smooth administration of justice in the State.

According to the report, new Bill introduced non-custodial punishment like community service in Section 74 to assist in decongesting the correctional facilities of the State and amended the scale of imprisonment in default of fine, increased the length of sentence and the amount of fine to contend with the current challenges of emerging crimes.

The new Bill also corrected the use of words Prisons to Correctional Services, prisoner to in-mate and Section 255 (wrongful confinement in secret) was amended to provide for number of days within which the confinement should last.

The Committee highlighted that the Bill has replaced the Penal Code Law, 1960 Cap.108 Laws of Bauchi State, the kidnapping, theft of cattle, rape (special provisions) law 2017, the thug and thuggery (provision) law 2008 and a Law to ban all forms of gambling, ownership and operation of any gaming machines, 2019.

The Committee requested the House to adopt the report and the Bill as amended be passed into law to strengthen legal operations in the State and launch the State into new era of criminal justice administration, saying that the name of the 9th Assembly of Bauchi State will be emblazed in the annals of history as the champion of criminal justice reform in the State.

After voice vote put by the Speaker, the  Members unanimously adopted the report and the Bill was therefore passed into law.

Before the second bill was passed into law, the House Committee on Cabinet Affairs had presented report on a Bill to amend a law to provide for the establishment of Bauchi State Emergency Management Agency was as laid by the Chairman of the Committee Hon. Danlami Ahmed Kawule, Deputy Speaker and member representing Zungur/Galambi Constituency.

The Committee explained that the Bill seeks to end the establishment of Bauchi State Emergency Management Agency (BASEMA) in the area of its responsibilities of disaster management and control in the State through effective fundamental obligation of government in protection of lives and property of its citizens as enshrined in the 1999 Constitution of the Federal Republic of Nigeria.

The report read that in order to maximize its functions and objectives, there is the need to coordinate the activities of stakeholders and NGOs who jointly carryout strategies for emergency management and control.

While calling on the  House to adopt the report and pass the Bill into law, the Cabinet Committee recommended that Government should as a matter of urgency provide all necessary equipments to BASEMA in order to carryout its functions diligently and effectively.

The House adopted the recommendations of the Committee and the Deputy Speaker, Danlami Ahmed Kawule requested the Honourable House to allow the bill be read for a third time, he was seconded by Hon. Sabo Bako Sade representing Sade Constituency.

After the Members voted in favour, the Speaker asked the Clerk of the House Umar Yusuf Gital Esq to carryout the 3rd reading and the Bill was therefore passed into law.

Also during the plenary, Majority Leader Hon. Tijjani Muhammad Aliyu led a debate on a Bill for a Law to establish Bauchi State Public Complaints and Anti-Corruption Commission and for connected Purposes.

Leading the debate, Tijjani Muhammad Aliyu said that the Bill is an executive Bill aimed at establishing an independent commission to be saddled with the power to investigate either on its own initiative or following complaints lodged before it by any other person on any administrative action taken by any ministry, department, agency, parastatal or any local government area in the State.

He added that the Bill is an important legislations critical to the delivery of quality service to the citizens of the State. 

According to him, “This law would would not only ensure accountability of public funds, responsibility of public office but also promote dialogue among public officers to keep the trust of people in the discharge of their duties in line with transparency. The Anti-Corruption Commission will ensure that all approved activities are implemented in accordance with budgetary allocation”.

He added that, “The Commission when established, has statutory power to investigate or receive complaints from any statutory commission or public institution set up by State Government, any company incorporated under or pursuant to the Companies Allied Matters Act owned by Bauchi State Government, or any officer or staff of any of the institutions mentioned above”.

 

Tijjani Aliyu added that, “The law will pave way for the Commission to investigate any offense under the Penal Laws of the State that boarders on corruption, financial crimes, abuse of office, offenses relating to administration of justice, obtaining property by false pretenses, receiving stolen properties or properties fraudulently obtained and similar offenses as well as fraudulent dealing with property by debtors.”.

 

Tijjani Aliyu further explained that the Commission has the power to take over the investigation of all Anti-Corruption and financial crime cases involving the finances and assets of Bauchi State Government being investigated by any other agency and can investigate into properties of any public servant with the jurisdiction of the State if it appears to the Commission that the person’s lifestyle and extent of the properties are not justified by the person’s legitimate source of income.

According to him, the commission is also saddled with the responsibility of adoption and enforcement of resources to ensure transparency in the management of resources of the State Government as well as freeze, confiscate or seize proceeds derived from acts of corruption or financial crimes related offenses or properties, the value which corresponds to such proceeds provided that the Commission shall obtain a court order.

He concluded that it is based on the highlighted facts and many more that the State Government deems it fit to send the Bill for enactment to pave way for the establishment of the all important Commission in the State, therefore urges the Honourable House to allow the Bill to scale the 2nd reading.

In his contribution, Speaker Abubakar Suleiman said that the Bill is one of the most important bills ever presented to the Honourable House as executive or private member bill. He added that the Bill is for the betterment of the society in order to eradicate corruption in the State.

Seconding the Majority Leader, Minority Leader Hon. Bakoji Aliyu Bobbo representing Chiroma Constituency, said that it’s straightforward and legacy bill to both the Executive and the Honourable House. 

He therefore seconded that the House should allow the Bill to scale second reading which the Members unanimously adopted the motion and the Speaker directed the Clerk of the House Umar Yusuf Gital Esq to take the 2nd reading.

The House therefore referred the Bill to the House Committee on Petition and Public Complaints for further legislative action. The Committee was given three weeks to report back