Senate Summons Interior Minister Over Buhari’s Visa-On-Arrival Policy

BY VICTOR BUORO, ABUJA – The Senate on Tuesday resolved to invite the Minister of Interior, Ogbeni Rauf Aregbesola, to appear before its Committees on Interior, Judiciary, Human Rights and Legal Matters, on the legal and constitutional complications that may possibly follow the implementation of President Muhammadu Buhari’s announced “visa-on-arrival” policy.

The decision to invite the Interior Minister was reached predicated upon a motion brought to the floor on the “Urgent need to seek domestication of the African Continental Free Trade Agreement by an Act of the National Assembly prior to the implementation of the proposed “Visa On Arrival” for citizens of African countries as recently announced by President Buhari and the Nigerian Immigration Service (NIS).”

Sponsor of the motion, Senator Olubunmi Adetumbi (APC, Ekiti North), said that the Visa-On-Arrival policy is in furtherance of the African Continental Free Trade Agreement that was signed by Nigeria in July 2019.

Adetumbi noted that Section 12 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the Treaties Act, 1993, requires the National Assembly to enact legislation for the purpose of giving effect to all treaties after their ratification by the President and other members of the executive arm of government.

He said; “Neither the Federal Executive Council nor a member of the National Assembly has yet submitted to the National Assembly any Bill for domestication or to enable effect to the said African Continental Free Trade Agreement, which is the necessary prerequisite before its implementation.”

“It is premature and constitutionally and legally impossible for the provisions of the said agreement to have any effect within the territory of Nigeria.”

“The National Assembly has not delegated its powers to enact legislation for the domestication of international treaties and agreements as prescribed under Section 12 of the 1999 constitutional to either the President of the Federal Republic of Nigeria or to the Nigerian Immigration Service (NIS), or to any other agency or official of the Executive arm of government.

“The Presidential Executive Directive and the Nigerian Immigration Service that all Africans could come to Nigeria without visa from January 2020 is a clear usurpation of legislative powers of the National Assembly as prescribed under section 12 of the Constitution,” the lawmaker said.

He therefore warned that Nigeria’s National Security, in view of the current insurgency and terrorist challenges of Boko Haram, could be jeopardized by the proposed 2020 visa-on-arrival policy of the Nigerian Immigration Service.

In his own contribution, Senator Jibrin Barau (APC, Kano North) called on the National Assembly to provide legal backing to the visa-on-arrival policy through the enactment of required legislation, saying; “All that needs to be done in terms of legislation should be done before implementing this very commendable policy.”

Barau said the visa-on-arrival policy is practiced in developed countries of the world, adding that same opens a country’s economy to emerging markets and investment opportunities.

Another lawmaker, Senator Abba Moro (PDP, Benue South), spoke in support of the domestication of the policy by the National Assembly, adding that; “It is necessary for us to state here that when international agreements are entered into by Nigeria, they should be properly domesticated to give it a bite of legality and legitimacy. I think the visa aspect of this agreement needs to be looked into very closely and critically.”

He noted that Bakassi which was a part of Nigeria but ceded to Cameroon, is yet to be legally backed with a law by the National Assembly, adding that our people out there are in a quandary as to where they belong.

In his remarks, President of the Senate, Ahmad Lawan, called on the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, to forward all treaties and agreements entered into by the Federal Government to the National Assembly for ratification.

Lawan said; “There are other treaties and agreements we have signed as a country, and I think the Attorney-General of the Federation should forward those to the National Assembly for us to ratify them appropriately and give them the legal backing that they require.”