The New CAMA Provisions Are Not About Transparency And Accountability But Control -By Eberechukwu Perez Okonkwo

I think that the arguments made against CAN’sposition ( which i am by the way not enamored by) are mostly naive. The law that was enacted had nothing to do with transparency. It is about control by a government which is afraid of dissent especially from a religious front which boasts of strategic numbers.

To use arguments about transparency and openness to support a law that did not even make any innovative specific provisions about disclosures transparency and openness is to completely misunderstand the entire thing playing out.

In the run up to this legislation we made suggestions on how the act can be tweaked to enforce transparency and accountability within the not for profit/NGO space without taking away the fundamental rights to association and the cardinal principles of regulation that regulation should target only components that impact on public rights while private rights are to be litigated and protected privately. For instance If two groups of people are legitimately engaged in a tussle over their rights in an association, it is to the courts that they should go, it would be over regulation to have a federal minister with all his political baggage be the one to decide. To be a member of an association, you must meet certain requirements, but the minister is not limited to appoint interim leaders to members of that association but is allowed to appoint anyone. Think about how the nature and character of associations will be affected with the domicile of this power with a person alien to the organisation.

Now to the issue of transparency, even the old Cama, had provision for filing of returns and accounts whic the CAC never enforced. Instead of just enforcing it, we initially wanted to institute another body through the NGO bill which was opposed.

Why cant we prescribe huge penalties both civil and criminal for failure to file returns and comply with disclosure requirements.

Why does this new Cama contain nothing new on disclosures and transparency filings and returns for Not for profits?

In essence this provision is just a desperate move by government to give them a hold on opinions of large or strategic bodies that oppose the government.

If transparency and accountability is the issue, why didnt they adopt the suggestion to increase the reporting burdens by making every document under oath to set fraudulent people up for perjury?

Why didnt they just include a provision for independent forensic audit to allow the discovery of malpractices and then punish offenders through due process.

Why is the law about management rather than discovery of malpractice and punishment?

Why is the law about imposition of new leadership? Why is the law granting such large and unbridled powers to government in a milliue where abuse of powers is like breakfast?

The most unfortunate thing is that Nigerians cannot escape their penchant for binary thinking. If I dont like the religious organisations, anything that is done against them is good. That kind of thinking produces the thousands of incongruous situations that deprecate our national development. We must always interrogate every issue with a 360 degrees view.

Even the fact that the Charities commission has a similar provision does not excuse this Act. The UK is evolving differently from us. We are still snatching ballot boxes and sponsoring pilgrimages, and sharing motorcycles and arresting people without trial for years and we want to have the equivalent of a charities commission? Do you know that you can obtain CTC of the proceedings of the charities commission in respect of any decision against any organisation in the UK? Do you know that an organisation can challenge on legal basis the activities of an interim manager? Do you know that if an interim manager is appointed in Nigeria, and the erstwhile leadership needs a document of the organisation to prove its case in court, that interim manager will order that the erstwhile leadership be arrested if they come to the premises?

Do you know that you are living in Nigeria? Abeg check your google map.