UNDERSTANDING THE ROLE OF GIABA

Written by Chidinma Okpara: Project Officer, and Oyindamola Aramide: Communications Officer, Regulatory Engagement, NNNGO.

 

Thoughts and opinions expressed are that of the authors and does not necessarily reflect the views of the Nigeria Network of NGOs

 

The Inter-Governmental Action Group against Money Laundering in West Africa, (GIABA) is responsible for strengthening the capacity of ECOWAS member states towards the prevention and control of money laundering and terrorist financing in the region.

Officially inaugurated in year 2000, GIABA operates as one of the eight FATF style regional bodies concerned with ensuring that member states of ECOWAS comply with international AML/CFT standards as well as granting Observer Status to African, non-African States and Inter-Governmental Organizations which have applied for observer status and support its objectives and actions.

 

The creation of GIABA is a major response and contribution of the ECOWAS to the fight against money laundering. GIABA consists of 16 countries: Benin, Burkina Faso, Cabo Verde, Côte d’Ivoire, The Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Niger, Nigeria, Sao Tome and Principe, Senegal, Sierra Leone, and Togo.

 

GIABA’s core functions includes: Institutional Development, compliance monitoring, technical support to member states, Regional and International Cooperation, partnership, Typologies and other Research. This helps to determine the techniques, methods, extent, pattern, trends, location and impact of Money Laundering and Terrorist financing on Member States. The conduct of Technical Assistance Needs Assessment (TANA) on member States was aimed at determining specific targets for intervention with a view to making maximum impact in strengthening the regional AML/CFT framework.

 

This anti-money laundering agency operates through four main organs: An Ad Hoc Ministerial Committee consisting of three ministers responsible for Finance, Justice and Interior/ Security of each Member State; The Secretariat, which is located in Dakar, Republic of Senegal; the Technical Commission, which consists of experts drawn from the above-mentioned ministries of member States and; a network of national correspondents.

 

In carrying out its duties, GIABA conducts Mutual Evaluations of Member States in accordance with FATF standards and also in compliance with its enabling Statutes. The Evaluations are based on the FATF Forty Recommendations (2003) and the Nine Special Recommendations on Terrorist Financing (2001), using the AML/CFT Methodology 2004.

 

Member States of GIABA agree to subject themselves to a mutual assessment process in conformity with international standards for preventing money laundering and financing of terrorism as contained in Articles 12 to 14 of the GIABA Statute. The scope of the Evaluation is to assess whether the necessary laws, regulations or other measures required under the essential criteria are in force and effect, that there has been a full and proper implementation of all the necessary measures, and that the AML/CFT system as implemented is effective.

 

The evaluated country is rated depending on the efficacy of measures put in place to detect, prevent or sanction cases of money laundering and terrorist financing. Ratings range from compliant, largely compliant, partially compliant, to non-compliant. A report is issued after completion of the mutual evaluation. It is then discussed and adopted at GIABA Plenary. Once the report is adopted by the Plenary, it will be published on GIABA website unless the country raises objection to the publication of the report. In such a situation, the Secretariat would publish a note to indicate that the country has chosen not to publish its report. The mutual evaluation onsite visits are based on the calendar approved from time to time by the GIABA Ad Hoc Ministerial Committee.

 

It is safe to say that going by its method of evaluation, implementation of laws and regulations and the adoption of FATF’s way of doing things, GIABA has adopted the FATF procedure in the evaluation of Member States.

LEGAL FRAMEWORK FOR THE ESTABLISHMENT OF NOT-FOR-PROFIT ORGANIZATIONS

Written by Adeola Odunsi, Project Officer, Regulatory Engagement with editorial support by Oyindamola Aramide, Communications Officer.

 

Thoughts and opinions expressed are that of the authors and does not necessarily reflect the views of the Nigeria Network of NGOs

 

26th April, 2017.

 

Corporate entities and nonprofit organizations in Nigeria and beyond have continued to support and engage in charitable causes, which have met the yearnings and aspirations of individuals, groups and the society at large. Many corporate entities have adopted various corporate social responsibility policies in an attempt to give back to the society in which they operate. Activities of foundations established by corporate organizations have been beneficial to the public in a variety of ways ranging from tackling abuse of various forms to developmental issues, healthcare, environmental and socio-cultural challenges.

 

This article seeks to provide a general overview on the legal framework for the establishment of nonprofits in Nigeria. It also highlights governance structures for nonprofits, dissolution and corporate social responsibility reporting.

 

The legal framework for non-governmental organizations in Nigeria stems from the provision of the Constitution of the Federal Republic of Nigeria 1999 which recognizes the right to peaceful assembly and association. The Companies and Allied Matters Act, Cap C20, Laws of the Federal Republic of Nigeria 2004 (“CAMA”), is the principal legislation that regulates corporate entities registered in Nigeria and the Corporate Affairs Commission (the “Commission” or “CAC”) is the supervisory regulatory body for registered corporate entities.

 

Under the Company and Allied Matter Act, the commonly used structures for incorporating not-for-profit organizations are companies limited by guarantee and incorporated trustees and the procedures for registration are provided for under CAMA.

 

The Part C of CAMA provides for registration of incorporated trustees. Section 590(1) of CAMA provides thus:

 

“where one or more trustees are appointed by any community of persons bound together by customs, religion, kinship or nationality or by anybody or association of persons established for any religious, educational, literary, scientific, social, development, cultural, sporting or charitable purpose, he or they may if so authorized by the community, body or association…apply to the Commission in the manner hereafter provided for registration…as a corporate body.”

 

Once the association or organisation is registered by the Commission as an incorporated trustee, the trustees jointly become a body corporate with perpetual succession and have the power to sue and be sued. It is pertinent to state that the registration of an incorporated trustee confers the corporate status on the trustees rather than on the organisation itself unlike a company limited by guarantee which confers the status of a corporate body on the company itself. The significance of this fact is that, where an organisation has incorporated trustees registered under CAMA, the trustees on behalf of the organisation are empowered to contract in the same form and manner as an individual. This includes the power to hold, acquire and transfer any property on behalf of the association.

NGO SELF-REGULATION

Written by Oyindamola Aramide, Communications Officer, NNNGO.

 

Thoughts and opinions expressed are that of the authors and does not necessarily reflect the views of the Nigeria Network of NGOs

 

Regulation is the process by which Civil Society Organizations function under a set of established laws and policies by governments and are held accountable to their communities. It could be in the form of self-regulation, control by state or national governmental agencies or the use of regional norms and standards.

 

Over the years and since the unprecedented boom of the civil society in Nigeria, there have been calls for CSO accountability and transparency in carrying out their activities especially with expansion and continued alliances with domestic and foreign donors for funding. It is believed amongst government quarters that some NGOs use their platforms to launder funds received from donors and so the government in particular is seeking to regulate their activities. Some NGOs have been set up with the main purpose of taking advantage of foreign funds meant for development work.

 

However, it could be said that this calls which were originally made with good intention have been misrepresented by government through seeking to formulate laws that would invariably curtail the activities of CSOs and justify restrictive regulation.

 

In response to these developments, it would not be presumptuous for CSOs to begin to work together as a sector to develop self-regulatory initiatives. As key actors in the governance of social and economic affairs, there is the need to make known their good intentions, sound values and the ability to be accountable for their actions. As the Nigerian civil society space grows, there is the need for a cooperative effort within the society to address issues from how CSOs are governed to what information they should be making public and how they should evaluate their activities.

 

Self-regulation is the process through which Civil society Organizations institute their own regulatory mechanisms. In some cases, self-regulation can involve a third party such as a fellow civil society organization, preferably with the same thematic focus or a watchdog undertaking external assessments of organizations while in some others, CSO self-regulation can involve the government. In these cases power is partially delegated to an umbrella organization or other association representing CSOs to regulate behavior or set standards for the sector.

 

Civil society organizations would find it easier to voice their complaints whenever the need arises without fear of being crushed by the weight of the law as they are confident of their own personal involvement in their affairs. All forms of CSO self-regulation have in common the fact that they are not the subject of legal requirement; at least some aspects of each CSO self-regulatory initiative involve the voluntary participation of the sector in developing and administering common norms and standards of behavior.

 

An advantage of self-regulation that cannot be over-emphasized is the strengthening of internal structures of individual CSOs who have them in place. Adopting a strong and systematically developed self-regulatory mechanism would no doubt allow for smooth and transparent operation within the organization. There would be less need for validation of an external or governmental body in situations where nonprofits lobby for funding.

 

Self-regulation can help build public trust in the sector. Making public commitments to clear principles, norms and standards provides a standard to which CSOs can be held accountable for their actions and activities. Furthermore, self-regulation can also help limit reputational damage to the sector caused by the wayward and unaccountable behavior of a minority of organizations. It also empowers participating organizations, or the sector as a whole, to signal trustworthiness and professionalism to donors and the general public. In cases where participation in the initiative is limited, self-regulation can assist participating organizations to stand out to potential donors in an increasingly competitive field. Another benefit of self-regulations is to help protect the sector from fraudulent organizations.

 

The ongoing debate at the National assembly on the passage of NGO regulatory bills which seeks to regulate activities of CSOs is a call to the civil society organization to fasten its belt in legitimatizing the sector by presenting a transparent and more accountable front through creating an enviable self-regulatory structure. The need for an inquiry into the regulation of CSOs in Nigeria cannot be underestimated as the space for CSOs to operate is gradually decreasing due to interference in their activities by national governments.

Legal Framework for Establishment of Not-for-Profit Organisations

Corporate entities and not-for-profit organisations in Nigeria and beyond have continued to support and engage in charitable causes, which have met the yearnings and aspirations of individuals, groups and the society at large. Many corporate entities have adopted various corporate social responsibility policies in an attempt to give back to the society in which they operate. Activities of foundations established by corporate organisations have been beneficial to the public in a variety of ways ranging from tackling abuse of various forms to developmental issues, healthcare, environmental and socio-cultural challenges.

 

This Op Ed seeks to provide a general overview on the legal framework for the establishment of corporate foundations in Nigeria. It also highlights governance structures for corporate foundations, dissolution and corporate social responsibility reporting.

 

The legal framework for non-governmental organizations in Nigeria stems from the provision of the Constitution of the Federal Republic of Nigeria 1999 which recognizes the right to peaceful assembly and association. The Companies and Allied Matters Act, Cap C20, Laws of the Federal Republic of Nigeria 2004 (“CAMA”), is the principal legislation that regulates corporate entities registered in Nigeria and the Corporate Affairs Commission (the “Commission” or “CAC”) is the supervisory regulatory body for registered corporate entities.

 

Under the Company and Allied Matters Act, the commonly used structures for incorporating not-for-profit organisations are companies limited by guarantee and incorporated trustees and the procedures for registration are provided for under CAMA.

 

The Part C of CAMA provides for registration of incorporated trustees. Section 590(1) of CAMA provides thus:

 

      “where one or more trustees are appointed by any community of persons bound   together by customs, religion, kinship or nationality or by anybody or association of persons established for any religious, educational, literary, scientific, social, development, cultural, sporting or charitable purpose, he or they may if so authorized by the community, body or association…apply to the Commission in the manner hereafter provided for registration…as a corporate body.”

 

Once the association or organisation is registered by the Commission as an incorporated trustee, the trustees jointly become a body corporate with perpetual succession and have the power to sue and be sued. It is pertinent to state that the registration of an incorporated trustee confers the corporate status on the trustees rather than on the organisation itself unlike a company limited by guarantee which confers the status of a corporate body on the company itself. The significance of this fact is that, where an organisation has incorporated trustees registered under CAMA, the trustees on behalf of the organisation are empowered to contract in the same form and manner as an individual. This includes the power to hold, acquire and transfer any property on behalf of the association.

 

A company limited by guarantee in its own right, has a corporate legal personality to do all lawful acts in its own name. The company may also seek to include the right to appoint trustees to the corporate foundation and to maintain this right throughout its existence under the governing documents of the foundation. In principle this is most desirable to enable the company exercise and maintain control in order to achieve the purpose for which the foundation was incorporated. The company may be well-placed to identify individuals who would make positive contributions to the foundation. However, care must be exercised to ensure that those appointed are best suited to carry out the responsibilities of trusteeship.

 

The members of the general public are now more informed of business practices around the globe and of their negative or positive impact. It is therefore important that companies should get more involved in the communities in which they operate. Corporate foundation could serve as a structure and focus for corporate giving, an in-road into engaging the informal sector and as well as the opportunity to disseminate and apply expertise in combating challenging social issues. Establishing a corporate foundation can also serve as a veritable tool by companies for carrying out their corporate social responsibilities which could lead to reputational benefits for a company and the society at large.

LEGAL FRAMEWORK FOR THE ESTABLISHMENT OF NOT-FOR-PROFIT ORGANIZATIONS

Written by Adeola Odunsi, Project Officer, Regulatory Engagement with editorial support by Oyindamola Aramide, Communications Officer.

 

Thoughts and opinions expressed are that of the authors and does not necessarily reflect the views of the Nigeria Network of NGOs

26th April, 2017.

 

Corporate entities and nonprofit organizations in Nigeria and beyond have continued to support and engage in charitable causes, which have met the yearnings and aspirations of individuals, groups and the society at large. Many corporate entities have adopted various corporate social responsibility policies in an attempt to give back to the society in which they operate. Activities of foundations established by corporate organizations have been beneficial to the public in a variety of ways ranging from tackling abuse of various forms to developmental issues, healthcare, environmental and socio-cultural challenges.

 

This article seeks to provide a general overview on the legal framework for the establishment of nonprofits in Nigeria. It also highlights governance structures for nonprofits, dissolution and corporate social responsibility reporting.

 

The legal framework for non-governmental organizations in Nigeria stems from the provision of the Constitution of the Federal Republic of Nigeria 1999 which recognizes the right to peaceful assembly and association. The Companies and Allied Matters Act, Cap C20, Laws of the Federal Republic of Nigeria 2004 (“CAMA”), is the principal legislation that regulates corporate entities registered in Nigeria and the Corporate Affairs Commission (the “Commission” or “CAC”) is the supervisory regulatory body for registered corporate entities.

 

Under the Company and Allied Matter Act, the commonly used structures for incorporating not-for-profit organizations are companies limited by guarantee and incorporated trustees and the procedures for registration are provided for under CAMA.

 

The Part C of CAMA provides for registration of incorporated trustees. Section 590(1) of CAMA provides thus:

 

“where one or more trustees are appointed by any community of persons bound together by customs, religion, kinship or nationality or by anybody or association of persons established for any religious, educational, literary, scientific, social, development, cultural, sporting or charitable purpose, he or they may if so authorized by the community, body or association…apply to the Commission in the manner hereafter provided for registration…as a corporate body.”

 

Once the association or organisation is registered by the Commission as an incorporated trustee, the trustees jointly become a body corporate with perpetual succession and have the power to sue and be sued. It is pertinent to state that the registration of an incorporated trustee confers the corporate status on the trustees rather than on the organisation itself unlike a company limited by guarantee which confers the status of a corporate body on the company itself. The significance of this fact is that, where an organisation has incorporated trustees registered under CAMA, the trustees on behalf of the organisation are empowered to contract in the same form and manner as an individual. This includes the power to hold, acquire and transfer any property on behalf of the association.

Kicking Out Malaria

As the world celebrates the world malaria day, our Communications Officer Olaife Ilori provides staggering statistics and updates on the progress made so far to build a malaria free world.

 

One of the Sustainable Development Goals is to ensure healthy lives and promote well-being for all at all ages and in keeping up with this goal THE MOSQUITOES are thus making it seemingly impossible with their overtly schemed route to ensuring that this one goal does not see the light of day.

 

Malaria is a life-threatening blood disease caused by parasites transmitted to humans through the bite of the Anopheles mosquito. Once an infected mosquito bites a human and transmits the parasites, those parasites multiply in the host’s liver before infecting and destroying red blood cells.

 

When an infected mosquito bites a human host, the parasite enters the bloodstream and lays dormant within the liver. For the next 5 to 16 days, the host will show no symptoms but the malaria parasite will begin multiplying asexually. The new malaria parasites are then released into the bloodstream when the red blood cells are infected and begin to multiply again. Some malaria parasites, however, remain in the liver and are not released until later, resulting in recurrence upon an unaffected mosquito being infected once it feeds on an infected individual, and the cycle begins again with the readied symptoms which include cold sensation, shivering, fever, headaches, vomiting, sweats followed by a return to normal temperature, with tiredness.

 

Globally, an estimated 214 million cases of malaria occur annually and 3.2 billion people are at risk of infection. Approximately 438,000 deaths were attributed to malaria in 2015, particularly in sub-Saharan Africa, where an estimated 90% of all malaria deaths occur. Upon this record, malaria remains still one of the most severe global public health problems worldwide, particularly in Africa, where Nigeria has the greatest number of malaria cases.

 

Nigeria, suffering from the world’s greatest malaria burden, with approximately 51 million cases and 207,000 deaths reported annually (approximately 30% of the total malaria burden in Africa), while 97% of the total population (roughly 173 million) is at risk of massive infection. Malaria accounts for 60% of outpatient visits to hospitals which always lead to 11% maternal mortality and 30% child mortality, especially among children less than 5 years. This devastating disease affects the country’s economic productivity, resulting in an estimated monetary loss of about 132 billion Naira in treatment costs, prevention, and other indirect costs.

 

Since 2000, malaria prevention has played an important role in reducing cases and deaths, primarily through the scale up of insecticide-treated nets and indoor spraying with insecticides. In 2008, the National Malaria Control Programme (NMCP) in Nigeria adopted a specific plan, the goal of which is to reduce 50% of the malaria burden by 2013 by achieving at least 80% coverage of long-lasting mosquito nets together with other measures, such as 20% of houses in targeted areas receiving Indoor Residual Spraying (IRS), and treatment with two doses of intermittent preventative therapy (IPT) for pregnant women who visit antenatal care clinics. To this effect, the percentage of households with at least one mosquito nets increased to over 70% by 2010, compared to 5% in 2008 with a high rate coming from Kano State, North Central Nigeria.

 

While in 2015 across other parts of Sub Saharan Africa, an estimated 53% of the population at risk reportedly slept under a treated net compared to 30% in 2010 together with the preventive treatment for pregnant woman.

 

According to the latest estimates from WHO, many countries with ongoing malaria transmission have reduced their disease burden significantly. On a global scale, new malaria cases fell by 21% between 2010 and 2015, the death rates fell by 29%. Be that as it may, the pace of progress must be greatly accelerated upon this, WHO’s Global Technical Strategy for Malaria has thus called for a 40% reduction in malaria cases and deaths by 90% by year 2030, compared to the 2015 estimation.

 

2017 is recording a slow and steady progress as it were and with this year’s global theme which is End Malaria for Good, it is indeed hoped that Malaria will be ended for good.

The Nigeria Network of NGOs (NNNGO) is the first generic membership body for civil society organisations in Nigeria that facilitates effective advocacy on issues of poverty and other developmental issues. 

Do you have questions? Call or visit us.

+2349069460107

Plot 3 Sobanjo avenue, Idi-ishin Jericho Ibadan, Oyo, Nigeria.

nnngo@nnngo.org 

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