CHRAN Backs Bill on Transfer of Executive Power

A PRESENTATION BY THE DIRECTOR OF CENTER FOR HUMAN RIGHTS & ACCOUNTABILITY NETWORK (CHRAN), OTUEKONG FRANKLYN ISONG, AT THE PUBLIC HEARING ON “A BILL FOR A LAW TO PROVIDE FOR THE PEACEFUL AND ORDERLY TRANSFER OF EXECUTIVE POWER FROM ONE DEMOCRATICALLY ELECTED GOVERNOR TO ANOTHER AND FOR MATTERS CONNECTED THEREWITH” HELD AT THE OLD CHAPEL, AKWA IBOM STATE HOUSE OF ASSEMBLY, UYO ON MONDAY, 28TH JULY, 2025.

Protocol,

i. Introduction:

By a letter dated 24th July, 2025 with Reference number: AKHA/S/265/T.I/60 signed by Anietie Peters (Mrs.) for Chairman, House Committee on inter-governmental, Political and Special Matters, the Center for Human Rights & Accountability Network (CHRAN), was invited by the Akwa Ibom State House of Assembly to this Public Hearing. Annexed to the invitation letter was a copy of the Bill. The Invitation letter stated that the Public Hearing is billed to hold on Monday, July 28, 2025. 

On receipt of the invitation letter on Friday, 25th July, 2025, the CHRAN appraised the Bill. This presentation represents the position of the CHRAN on the Bill.

ii. An Overview of the Bill:

The Bill has 15 Sections and 1 Schedule. The Bill is divided into 4 functional Parts but erroneously stated 3 Parts. Part I makes provision for the Objectives of the Bill. Part II makes provision for Transition Process. Part III makes provision for Handing-Over Notes and Committee Report. Part IV which is erroneously written in the Bill as “Part III” makes provision for Miscellaneous Provisions. The lead Sponsor of the Bill is Hon. Moses Essien, the Member representing Ibiono Ibom State Constituency with 10 Members as Co-Sponsors including the Leader of the Akwa Ibom State House of Assembly and Member representing Nsit Ubium State constituency, Rt. Hon. (Barr.) Otobong Bob. 

The Bill seeks to promote the orderly and peaceful transfer of executive power in connection with the expiration of a term of a Governor and Deputy Governor and the election of a new Governor and Deputy Governor. When the Bill becomes Law, it will ensure continuity in the lawful and faithful execution of the laws and in the conduct of the affairs of the State Government during a transition, prevent and forestall any disruption in the transfer of power which could be detrimental to the peace and order of the State as well as the well-being of the inhabitants of the State.

iii. CHRAN’s Inputs:

1. The Center appreciates and commends the Akwa Ibom State House of Assembly for taking concrete legislative steps towards promoting the orderly and peaceful transfer of executive power in the State at the expiration of a term of a Governor and Deputy Governor and the election of a new Governor and Deputy Governor.
2. CHRAN observes that the Bill is divided into 4 Parts and not 3 Parts. The CHRAN notes that Part IV of the Bill is the Miscellaneous Provisions. 
3. In Section 6(3) the words “power to” is omitted before the words “issue standing orders”. The words “power to” should be inserted before the words “issue standing orders.”  
4. In Section 8(2) the alphabet “s” is omitted from the word “Department”. The alphabet “s” should be added to the word “Department”.
5. In section 2(1) that deals with Governorship Transition Committee, the CHRAN observes that the Bill specifically referred to the Electoral Act, 2022. The CHRAN recommends that 2022 should be deleted because it makes the intended Law static and in the event where the Electoral Act, 2022 is amended, the intended Law will be rendered static and retrogressive in nature. The CHRAN recommends that section 2(1) of the Bill should read: “Within seven days after the declaration of results of election to the Office of the Governor in accordance with the Constitution and the Electoral Act for the time being in force, the Governor shall constitute a Governorship Transition Committee (in this Law referred to as (the Committee) comprising of the following persons…
6. Section 5, that deals with remuneration, the CHRAN recommends that no member of the Committee who is a public servant or receiving any remuneration from the state government shall be entitled to any further remuneration.
7. The scope of the Transition Committee should cover all the ministries independently of the governor. Upon the inauguration of the Transition Committee, all reports of the ministries should be in the committee’s possession. This is to provide the committee with some insights of government activities and expedite their work.
8. Section 3(b) should be deleted. This is strictly security matters. We recommend that the existing security measures should be maintained. We states that section 3(b) does not have any functionality in the intended law. It will only breed opportunity for corruption and embezzlement of public funds under the guise of security votes. A vote that is already undesirable in the political space.
9. Section 2(1)(a) in the composition of the Committee, the CHRAN recommends that the Secretary to the State Government should rather be the secretary of the Transition Committee instead of the chairman. Additionally, the CHRAN recommends that the chairman of the Committee should be a retired Judge or an experienced technocrat with the expertise in transition affairs. 
10. Section 2(1)(b) the CHRAN observes that the Office of the Chief of Staff is not a creation of the law and should not be casually recognised by this law for purposes of transition activities, hence the CHRAN recommends that it should be deleted.
11. Section 2(1)(f) the CHRAN recommends that the Governor shall appoint any other person(s) NOT exceeding five (5) as the Governor deems necessary.
12. The CHRAN recommends new Section 2(1)(g) which shall reads; “the Governor- elect shall following the constitution of the transition committee appoints seven (7) persons as members of the transition committee. This section should replace section 2(2) as it stands.
13. The CHRAN recommends new section 2(1)(h) to read that four (4) members of the labour unions (Nigerian Labour Congress and Trade Union Congress) two (2) members each, shall be appointed into the Transition Committee.
14. The CHRAN recommends new Section 2(1)(i) to read that three (3) representatives of the civil society organisations (CSOs) in the state shall be appointed into the transition committee.
15. The CHRAN recommends new section 2(1)(j) to read that notwithstanding a governor succeeding himself, the transition committee shall be constituted to review the activities of the previous tenure of the Governor.  

iv. Conclusion: 

The Center commends the Akwa Ibom State House of Assembly for working round the clock to ensure that requisite legislation is in place to promote the orderly and peaceful transfer of executive power in connection with the expiration of a term of a Governor and Deputy Governor and the election of a new Governor and Deputy Governor. This is aimed at ensuring continuity in the lawful and faithful execution of the ongoing projects, contracts and laws and in the conduct of the affairs of the state government during a transition and prevent any disruption in the transfer of power which could be detrimental to the state.

The CHRAN supports the Bill and urges all stakeholders to close ranks and synergise towards the realisation of the lofty objectives of the Bill. The CHRAN expresses optimism that when this Bill is passed by the House of Assembly and forwarded to the Governor of Akwa Ibom State, His Excellency, Pastor Umo Eno, Ph.D., unlike other Bills, he will give assent to it in record time.

The Center appreciates the Speaker, the Leadership and Members of the Akwa Ibom State House of Assembly for the invitation to this Public Hearing, believing that our submission will be considered in the final legislation.