The legislative instrument which seeks to regulate the activities of Orphanage homes as well as end the menace of Baby Factory in the nation’s capital city has passed through First Reading in the House of Representatives.
The Federal Capital Territory Orphanage (Registration and Regulatory) Agency seeks to “regulate the establishment and administration of Orphanages, homes for neglected children to prevent the current trend towards ‘baby factories’ and other related institutions in the Federal Capital Territory of the Federal Republic of Nigeria,’ was sponsored by Hon. Samuel Adejare.
As proposed in Part 1a of the bill, the Agency when operational is to formulate policies, principles and guidelines for the registration and regulation of orphanages and other related institutions, consistent with national development priorities as well as coordinate, monitor and evaluate the activities of orphanages and other related institutions; develop, implement and review model for the implementation of policies and guidelines on the administration and regulation of orphanages and related institutions in the FCT.
The Agency is also empowered to promote partnerships, synergy, integration and cooperation among national and international organizations focusing on establishment and monitoring of orphanages and related institutions; as well as set mechanisms to ensure efficient administration of orphanages and related institutions in the FCT.
According to the bill, the affairs of the Agency is to be managed by a Governing Board which is to be chaired by the Minister who is charged with responsibility for matters relating to Women and children.
Other members of the Board include one representative not below the rank of one Director from the National Agency for the Prohibition of Trafficking in Persons (NAPTIP), Nigeria Immigration Service, Ministries responsible for Women and Children Affairs, Budget and National Planning, Finance; Health, Justice, Youth Development and two representatives of the organization for orphanages and related institutions as well as two representatives of Non-Governmental Organizations involved in orphans, neglected children, orphanages and related institutions; while the Agency’s Director General will serve as the Board’s Secretary.
The members of the Board shall be appointed by the President subject to confirmation by the senate.
Under the supplementary provision set out in the schedule to this Bill, the Board shall have powers to manage and superintend the affairs of the Agency; coordinate all activities, services, programmes, policies, and projects relating to orphanages and similar institutions by both government and non-government organizations; employ best social protection standards for the registration, regulation, control, management and coordination of orphanages and similar institutions.
The Board is also empowered to set up a framework for the supervision and control of orphanages and similar institutions; conduct overall monitoring, evaluation and review of orphanages; formulate general policies for the regulation and development of the Agency; subject to the provisions of this Bill, make, alter, and revoke rules and regulations for carrying out the functions of the Agency; among others.
In the bid to ensure effective regulation of Orphanages, and effective enforcement of the provisions of the bill, Part IV of the bill provides that: “Any person or organisation that contravenes the provisions of this bill commits an offence under this bill.
“Where an offence under this bill is committed by an individual, the person shall be liable on conviction to a term of imprisonment not exceeding five years or a fine not exceeding N5 million, or both.
“Where an offence under this Bill is committed by an organisation, the organisation shall be liable to a fine not exceeding of N10 million.
“The Board may, with the approval of the minister, make regulations as may be necessary or expedient for giving full effect to the provisions of this Bill and for its administration thereof.
“The President may give to the Board directions of a general character or relating generally to particular matters (but not to any individual person or case) with regard to the exercise by the board of its functions under this bill, and it shall be the duty of the board to comply with the directions, but no direction shall be given which is inconsistent with the duties of the board under this bill.”
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