The attention of the Ministry of Works and Housing has been drawn to the activities of the Management Committee of the Architects Registration Council of Nigeria (ARCON), a transition committee created by law to undertake routine management of the ARCON upon expiration of tenure of its statutory council and pending the constitution of a new council.
2. In spite of presidential approval for the inauguration of a new council, it has not been possible to inaugurate the council as a result of litigation instituted by members of the Architecture Profession seeking to stop the inauguration.
3. In the face of this self-induced stalemate, the Management Committee is purporting to exercise powers which only a full committee is permitted by law to exercise.
4. Such conducts are clearly not only in violation of their enabling statute but could also attract criminal sanctions. These activities include: a plan to organize the 2022 Colloquium for architects in Nigeria from Monday 23rd –Thursday 26th May, 2022 and a plan to undertake Architects Professional Competency Evaluation (APCE) Exercise. These are core functions of the Architects Registration Council of Nigeria and not that of the Management Committee.
5. In order to forestall any breach of law and guide the Management Committee of the Architects Registration Council of Nigeria, the stakeholders, and members of public appropriately, it is pertinent to make the following clarifications in line with the Architects Registration Council of Nigeria Act (Cap A19 Law of the Federation of Nigeria 2004).
6. The membership composition of the Council is spelt out in Section 2 (2) of the Architects Registration Council of Nigeria Act, Cap A19 L.F.N 2004 which provides for the constitution of a 49-member Council of ARCON.
7. It is this Council that the Act vests with the performance of the core functions of ARCON as provided for by Section 2 (1) (a- c) of the Act. These functions can only be undertaken by the Council when there is a quorum of the membership of the Council. This is expressly stated in Section 4 of the First Schedule to the Act, thus: “The quorum of the Council shall be ten, so however that, at least one of the persons appointed by the Institute and five of the representatives of the States of the Federation are present at the particular meeting and the quorum of any committee of the Council shall be determined by the Council''
8. The Ministry is not unaware of the provisions of Clause 1 (5) of the First Schedule to the Act, which provides that: “Notwithstanding that the term of office of a member of the Council has expired by the effluxion of time, a person appointed as the President, Vice-President or Treasurer of the Council shall continue in that office until a fresh appointment is made to the office.” It is the position of the Ministry that this provision does not entitle the President, Vice-President or Treasurer who now constitute Management Committee to assume the role of the Council having regards to the statutory provision of Quorum of the Council. Clear guidance is provided by Section 27 of the Interpretation Act Cap. 123 L.F.N 2004, Thus: “any act or thing which a statutory body is authorized or required to do
shall only be done by a majority of members of such statutory body or a quorum of them.''
9. A compound reading of the provisions of Section 4 (on the Quorum of the Council), Clause 1(5) of the First Schedule to the Act and Section 27 of the Interpretation Act clearly indicates that, the President, Vice-President and Treasurer of ARCON do not constitute a quorum for the purpose of carrying out the core functions of the Council. It therefore, follows that the President, Vice-President or Treasurer who now constitute Management Committee can only oversee the routine management of the Council. Moreover, Section 7(3) of the First schedule to the Act further provides that: A decision of the Committee shall be of no effect until it is confirmed by the Council.
10. The attention of the Ministry of Works and Housing has been drawn to the activities of the Management Committee particularly the newspaper publication in The Guardian Newspaper of 16th May 2022 in respect of the Architects Professional Competency Evaluation (APCE). These are core statutory functions of the Council when properly constituted and therefore ultra vires the functions of a Management Committee to act upon.
11. Consequently, in exercise of the supervisory powers of the Honourable Minister of Works and Housing pursuant to the provision of sections 3 and 4 (1) of the Act, as well as Clause 2(2) of the First schedule to the Act, I have been directed by the Honourable Minister to convey the following to the Management Committee of ARCON that the Committee should:
i. refrain forthwith 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;
ii. only oversee the routine administrative management of the Council until a new properly constituted Council is in place;
iii. Retract recent statement in the advert by the Committee on the Architects Professional Competency Evaluation (APCE);
iv. intensify efforts to reconcile the warring factions to embrace dialogue in resolving issues leading to the stagnation of the Profession rather than engage in needless litigation that created the current impasse; and
v. ensure that the issues that led to the litigation that created the current impasse are speedily and amicably resolved in the best interest of the Architecture profession and the Federal Republic of Nigeria.
DATED THIS MONDAY, 23RD DAY OF MAY 2022.
Bashir Nura Alkali, FCA, FCTI
For: Honourable Minister
FG Scales Up Infrastructure Development in Tertiary Institutions
Hands Over 1.1km road to Fed. Poly Ukana-Uyo
76 Tertiary Institutions to benefit
The administration of President Muhammadu Buhari has again lived up to its campaign promise of bridging the infrastructural gaps in the country by providing accessible roads network in tertiary institutions across the six geopolitical zones.
That was evident as a fully rehabilitated and constructed 1.1 kilometre road at the Federal Polytecnic Ukana-Uyo in Awka Ibom State executed by the Federal Ministry of Works and Housing was commissioned and handed over to the institution on Tuesday, March 29,2022 by the Honourable Minister of Works and Housing,Mr.Babatunde Raji Fashola, SAN.
Represented at the ceremony by the Federal Controller Works in Akwa Ibom State, Engr.Gabriel Akinwande said, " The gap of our infrastructure needs is steadily being bridged by a gradual process of repairs, renewal and construction on major highways and it has reached the schools."
Fashola described the construction of internal roads at various campuses as a deliberate step by government to positively impact on the quality of education as well as create a conducive learning environment for renewed enthusiasm with regards to attending classes by students.
'' We have successfully intervened in the internal road networks of 46 tertiary institutions and have handed over 29 as at 2021.We now have another 17 ready to be handed over with about 30 more roads in similar institutions across the country receiving attention of the Buhari-led administration," he added.
Earlier in his opening remarks, the Rector of the Federal Polytecnic Ukana,
Akwa Ibom State, Dr. Udak Ukekpe appreciated President Muhammadu Buhari for his interest in enhancing education in the country through the provision of logistics like the construction of internal road network in tertiary institutions.
He added that the road rehabilitation was timely and will add great value to the students and other road users in the campus, noting that the action of the Federal Government will also go a long way in addressing the infrastructural deficit in the institution.
Dr. Ukekpe pleaded with the Minister of Works and Housing, Babatunde Raji Fashola, SAN to further assist the institution in the remaining 3.1km road left to be covered.
In an Interview, the Vice President of the Students Union Government (SUG) Ms. Blessing Mbonisa said the construction of the road had made the school opened to everyone and that it has boosted the morale of the students academics.
A lecturer, the coordinator of Mechanical Engineering Department, Engineer Emabong Etieakpan, while appreciating the Minister, pointed out that the road has been helpful to both staff and students most especially the motorists and those walking in and out of the school.
“There was no road in this place before. It was a busy area that nobody can access, but now, with the road construction, students can now easily go to their lecture rooms without flood which was not like that before."
The event was well attended by students, staff and board of directors of the school as well as the traditional leader of Ukana West in person of His Royal Highness Okuku Sylvanus Obot Ekanem.
REMARKS BY H.E. BABATUNDE RAJI FASHOLA, SAN AT THE INAUGURATION OF THE BOARD AND MANAGEMENT OF FEDERAL MORTGAGE BANK OF NIGERIA (FMBN) ON THURSDAY, 21ST APRIL, 2022
When the founders of the Federal Mortgage Bank of Nigeria (FMBN) conceived of it in the 1970s, they were clear in their minds of a few things.
One of the things was that they were creating a Bank, in every sense of the word, and that they were creating a specialized Bank, which they intended to do only one thing – to provide Mortgage Banking services.
All of these are self-evident from Section 1(i) where it was provided that:
i. There is hereby established a Mortgage Bank to be known as the Federal Mortgage Bank of Nigeria (in this Act referred to as “the Mortgage Bank”)
In Section 5 of the Act the functions of the Mortgage Bank are set out clearly as follows:
“The functions of the Mortgage Bank shall be to:
a. provide long-term credit facilities to mortgage institutions in Nigeria at such rates and such terms as may be determined by the Board in accordance with the policy by the Federal Government, being rates and terms designed to enable the mortgage institutions to grant comparable facilities to Nigerian individuals desiring to acquire houses of their own;
b. license and encourage the emergence and growth of the required number of viable secondary mortgage institutions to service the need of housing delivery in all parts of Nigeria;
c. encourage and promote the development of mortgage institutions at rural, Local, State and Federal levels;
d. supervise and control the activities of mortgage institutions in Nigeria;
e. collect, manage and administer the National Housing Fund in accordance with the provisions of the National Housing Fund Act; and
f. do anything and enter into any transaction which in the opinion of the Board is necessary to ensure the proper performance of its functions under this Act.
The powers of the mortgage Bank are set out in Section 6 as follows:
i. Without prejudice to the generality of section 5 of this Act, the Mortgage Bank shall have power to:
a. accept deposits and savings from mortgage institutions and other institutional depositors;
b. issue its own securities, including debentures and bonds under Federal Government guarantees and issue promissory notes and other bills of exchange for the purpose of raising funds from financial institutions;
c. establish a sinking fund for the redemption of securities by the Mortgage Bank and provide for contributions by it to the sinking fund;
d. carry out research aimed at improving housing patterns and standards in both urban and rural areas of Nigeria; and
e. carry out research on mortgage finance activities and the building construction industry in Nigeria;
f. provide and operate, in collaboration with reputable insurance companies, a mortgage protection system designed to guarantee liquidity to mortgage institutions as well as afford them the opportunity of having liberal premium terms; and
g. do anything and enter into any transaction which in its opinion is necessary to ensure the proper performance of its functions under the Act.
Ladies and Gentlemen, I have taken time to address the Law setting up the institution you have been appointed to administer, so as to leave you in no doubt whatsoever, as to what your mandate and purpose is.
As a creature of Law, you are forbidden from making the Bank do anything that the Law does not authorize it to do, and you can become individually and corporately liable for non-compliance with the Law.
This has become the important starting point for my inauguration remarks because in the tenure of previous Boards and Managements before this Administration, the Bank has been made to do things the Law did not contemplate and this has resulted in hobbling liabilities which I regret to inform you that you must now confront and resolve.
In addition I expect this Management and Board to bring to a Lawful end, all other ventures into which the Bank has dabbled which are not supported by Law.
I expect this to happen through due process, supported by Legal consultations, Board debates and decisions and Ministerial or Presidential approvals as may be necessary.
Your primary mandate is to re-position this Mortgage Bank as the pre-eminent Mortgage Bank for Nigeria as envisioned by the founders.
This is why you will see that majority of the Members of the Board are either Bankers by training or Bankers by work experience spanning several decades.
The reason is clear, all the regulatory obligations that the Bank has to the Central Bank of Nigeria (CBN) must be complied with.
I would advise that the Board and Management should at the earliest opportunity engage with the CBN and agree a Schedule of Compliance and Implementation of all reform initiatives including the computerization of the operations of the Bank which has begun.
As you will see, not only is there a prevalence of Bankers amongst your ranks, there is diversity of ethnicity, gender and religion. Every Zone of the 6 Zones in Nigeria is represented and from 1 female member, we now have 3 female members of the Board.
Please let me be also very clear that this is a huge privilege for you as it has been for me, to be amongst the few Nigerians involved in the public service of our country.
It is not an opportunity for self-help but an opportunity to help others, especially to own a home, by rendering selfless service.
Therefore, I will share with you the advice I have shared recently with an institution I inaugurated last week.
We are not in our homes; we are in a public space, where we have to work with others in a team to achieve results. Those other people may not speak like us or dress like us, or even eat what we eat or pray like us. But they are part of us, a part of the diversity that we have been enriched with.
If we manage our ego, we will realize that they are not different from us and we have a lot in common and we can learn a lot from each other.
Remember as Ryan Holiday said in his book, “ego is the enemy.”
Please manage your individual ego and help us to solve the problem of access to housing and do not become the problem.
Let me be clear that the Ministry will give you every reasonable and lawful support but we will not hesitate this time to recommend to Mr. President, the removal of any nominee who falls short of the standards, or becomes a problem.
In other words, your tenure of 4 years on the Board and 5 years on the Management Committee are not guaranteed but subject to performance.
In addition to all your responsibilities, I expect you to quickly advert your attention to the completion of the over 2,000 Housing Units at various levels of completion under the Ministerial Pilot Housing Scheme.
I cannot end my remarks without a word of gratitude to the immediate past Board and Management for their service which is deeply appreciated and will not be forgotten.
On behalf of President Muhammadu Buhari, it is my honour and pleasure to inaugurate the Board and Management of the Federal Mortgage Bank of Nigeria as now reconstituted.
I wish you a successful tenure of service.
FASHOLA, SAMBO INAUGURATE THE NEWLY APPOINTED BOARD OF DIRECTORS AND EXECUTIVE MANAGEMENT OF FEDERAL MORTGAGE BANK OF NIGERIA (FMBN) IN ABUJA
Hon. Minister of Works and Housing, Mr. Babatunde Fashola, SAN(4th right),Minister of State in the Ministry , Mr. Mu'azu Jaji Sambo (5th left), Ag.Permanent Secretary, Engr. Chukwunwike Uzo,(2nd right), Chairman of the Board of Directors of the Federal Mortgage Bank of Nigeria(FMBN), Mr Ayodeji Ariyo Gbeleyi(3rd right), the newly sworn in CEO/ Managing Director, Federal Mortgage Bank of Nigeria(FMBN), Mr Hamman Madu(5th right), a member of the Board and Head, PPP Unit of the Ministry, Mrs Abimbola Asein (left) and others in a group photograph shortly after the inauguration of the newly appointed Board of Directors and Executive Management of the Federal Mortgage Bank of Nigeria (FMBN) at the Ministry of Works and Housing Headquarters, Mabushi, Abuja on Thursday 21st April 2022.
L-R, REPRESENTATIVE OF THE HONOURABLE MINISTER OF WORKS AND HOUSING, DIRECTOR PUBLIC BUILDING AND HOUSING DEV. ARCH SOLOMON LABAFILO; REP. OF MR. PRESIDENT HONOURABLE MINISTER OF STATE WORKS AND HOUSING, MU'AZU JAJI SAMBO, SECRETARY TO THE TARABA STATE GOVT, HON. ANTHONY JELLASI, REP. OF APC CHAIRMAN, TARABA STATE, HON. UMAR DAIHIRU DORO AND THE EMIR OF MURITHE COMMISSIONING OF THE NATIONAL HOUSING PROGRAMME (MUHAMMADU BUHARI HOUSING ESTATE) IN TARABA STATE.
L-R, Representative of the Honourable Minister of Works and Housing, Director Public Building and Housing Dev. Arch Solomon Labafilo; Rep. of Mr. President Honourable Minister of State Works and Housing, Mu'azu Jaji Sambo, Secretary to the Taraba State Govt, Hon. Anthony Jellasi, Rep. of APC Chairman, Taraba State, Hon. Umar Daihiru Doro and the Emir of Muri, HRH Alhaji Abass Njidda Tafida during the Commissioning of the National Housing Programme (Muhammadu Buhari Housing Estate) in Taraba State.