New Bill gives Administrator General powers to evict people over-staying in official residence

The new Presidential Transition (Amendment) Bill, 2016 is clothing the Administrator General with powers to evict a person staying in an official residence for more than three months.

This is in a case in a situation where the person ceases to hold office on the assumption of office of a newly elected President.

Under the new legislative arrangement, the outgoing President and the Vice President would be required to vacate the official bungalows one month before the swearing-in of the new President on January 7.

Parliament on Wednesday passed the new Presidential Transition (Amendment) Bill, 2016, to replace the Presidential (Transition) Act 854 of 2012, and address loopholes identified in the previous Act and ensure an effective and smooth presidential transition.

Under the new legislative regime, the Office Administrator General now has legal powers to forcefully evict an outgoing President and or Vice President when they exceed the grace period.

The Committee on Constitutional, Legal and Parliamentary Affairs, in its report on the Bill, said the Minister of Justice and Attorney General would be empowered by Clause 8 of the Bill to make regulations for the effective implementation of the Act.

The regulations would be the blueprint for handing over notes for effective implementation of the Act.

The new Presidential Transition (Amendment) Bill, 2016 now states that instead of constituting Parliament two days before the inauguration of the President, the swearing-in of  Members of Parliament  and the inauguration of the Speaker should be held within 12 hours before the inauguration of the President.

The report of the Committee further stated that a transition team would be constituted within 24 hours after the declaration of the results of the presidential election in accordance with Article 63 of the 1992 Constitution, given the different scenarios of an incumbent retaining power or a new person being elected president.

Hitherto, Section 11 and 12 of Act 845 stated that Parliament should be constituted two days before the president is inaugurated; but that provision contravened Article 113 the 1992 Constitution, which also said Parliament shall continue for four years from the date of its first sitting and then stand dissolved.

Until the enactment of the Presidential (Transition) Act, 2012 (Act 845), there was no legal blue print that governed the transition of political power in the country.

Before the enactment of the Law, transitions in the country had been characterised by administrative lapses, forced evictions and seizure of vehicles.

The Law made provision for accountability, institutional clarity and structured time for managing the transition process to avert the challenges experienced in previous transitions.

However, when Act 845 was first implemented, some challenges were experienced

Act 845 (2012) was therefore enacted to establish arrangements for the political transfer of administration from an out-going democratically elected President and to provide for related matters.

The report of the committee stated that a transition team would be constituted within 24 hours after the declaration of the results of the presidential election in accordance with Article 63 of the Constitution, given the different scenarios of an incumbent retaining power or a new person being elected president.

The new Presidential Transition (Amendment) Bill, 2016 now states that instead of constituting Parliament two days before the inauguration of the President, the swearing-in of the MPs’ and the inauguration of the Speaker should be held within 12 hours before the inauguration of the President.

Arguments were advanced to the effect that, even though Act 845 made provision in Section One (1) for the transfer of power to an incumbent President re-elected for a second term, it appears vague in some respects.

In the case where an incumbent is re-elected, Act 845 simply states that the President shall designate members of the Transition Team. A limit was not set on the size of the Transition Team.

Furthermore, Act 845 did not make provisions for the tenure of Office of the Transition Team.

Sections 11 and 12 of Act 845, which deal with the issue of swearing-in of Members of Parliament and the election of the Speaker two days before the inauguration of the President, posed a challenge as to whether the inauguration of Parliament two days before dissolution, was not in conflict with Article 113 of the 1992 Constitution.

Also, Act 845 provided for the appointment of an Administrator-General to be responsible for the management of the Executive estate, assets as well as the transition process.

However, it does not empower the Office of the Administrator-General to deal with possible breaches, hence the introduction of the Bill to elaborate on some of the provisions of the Act.

The Bill provides for the situation where the transition involves only an incumbent President who has been re-elected as President.

In such a case, the new law demands for the establishment of a 13-member Transition Team within 24 hours after the declaration of the results of the presidential election in accordance with Article 63 of the Constitution.

Among the persons to form the Transition Team are: (i) the Head of the presidential staff appointed under the Presidential Office Act, 1993 (Act 463), (ii) the Attorney-General, (iii) the Minister responsible for Presidential Affairs, (iv) the Minister responsible for Finance, (v) the Minister responsible for the Interior, (vi) the Minister responsible for Defence, (vii) the Minister responsible for Foreign Affairs, (viii) the Minister responsible for Local Government, (ix) the Minister responsible for National Security, (x) the Head of the Civil Service, (xi) the Head of the Local Government Service, (xii) the Secretary to the Cabinet, and (xiii) the National Security Co-ordinator.

Source: GNA