News of the Edo State House of Assembly

EDO STATE HOUSE OF ASSEMBLY, ANTHONY ENAHORO COMPLEX, KINGS SQUARE, BENIN CITY, EDO STATE, NIGERIA

NewS ARCHIVE

EDO STATE HOUSE OF ASSEMBLY
FEDERAL REPUBLIC OF NIGERIA
THIRD ASSEMBLY
FOURTH SESSION
FIRST QUARTER

NO. 307 VOTES AND PROCEEDINGS
Tuesday, 6th July, 2010

1. The House met at 12.10 p.m. Mr. Speaker took his seat and prayers were said.

2. Roll Call of Members: The Roll Call of Honourable Members was taken as follows:

S/NO PRESENT CONSTITUENCY
1. Hon. Adjoto, Kabiru Akoko-Edo I
2. Hon. Aisowieren, Patrick Orhionmwon I
3. Hon. Aliu, Peter Etsako East
4. Hon. Amadasun, Uwamose O. Uhunmwode
5. Hon. Igbe, Uyigue Oredo West
6. Hon. Ise-Idehen, Jude Ikpoba-Okha
7. Hon. Ogbeiwi, Ikponmwosa E. Orhionmwon II
8. Hon. Ogedengbe, Foly Joseph Owan East
9. Hon. Oghuma, Johnson Egwakhide Etsako Central
10. Hon. Ohonbamu, Paul Egor
11. Hon. Omokhodion, Ehi Bright Esan West
12. Hon. Osayimwen, Patrick Oredo East
13. Hon. Shaibu, Philip Etsako West II

ABSENT
1. Hon. Osayande, Noghayin Bright Ovia North-East II

ON SUSPENSION
1. Hon. Agbebaku, Blessing Owan West
2. Hon. Aigbogun, Levis Osaretin Ovia North-East I
3. Hon. Garuba, Zakawanu I. Etsako West I
4. Hon. Okiye, Omoluimhen Frank Esan North-East I
SUMMARY
i. Hon. Members Present = 13
ii. Hon. Members on Official Assignment = Nil
iii. Hon. Members Absent With Apology = Nil
iv. Hon. Members On Suspension = 4
v. Hon. Members Absent = 1
vi. Number of Seats Vacant = 6
Total = 24

3. Approval of Votes and Proceedings of Wednesday, 30th June, 2010:
Mr. Speaker announced that he had read through, and was satisfied with the Votes and Proceedings of Wednesday, 30th June, 2010, which was thereafter approved by unanimous consent.

4. Other Announcements by Mr. Speaker:
Mr. Speaker announced the presence of the following groups who were at the Public Gallery to watch the day’s Proceedings.

(i) Councellors of the Legislative Arm of Isoko North Local Government Council, Delta State led by the leader, Hon. Daniel Tutubor.

(ii) Students of Edo State School of Health Technology led by Mr. David Izobo.

5. Petition:
Mr. Speaker announced that he was in receipt of a petition endorsed by the Honourable Member representing Oredo East Constituency and directed him to give its synopsis.
Pursuant to Rule 16 of the Edo State House of Assembly Standing Orders, Hon. Patrick osayimwen (Oredo East) gave the synopsis thus: Request for justice: Re-payment of Salaries, Entitlements and Other Benefits” dated 12th May, 2010 and signed by one Mr. Omoregie West Irabor.
He thereafter laid the petition on the Table.

Mr. Speaker thereafter referred the petition to the Adhoc Committee on Edo line for necessary action. He then added two Honourable Members to the Ad-hoc Committee to replace the Honourable Members whose seats had been decleared vancant.

The two new Honourable Members are:
(i) Hon. Ogbeiwi, Ikponmwosa E. (Orhionmwon II) and
(ii) Hon. Oghuma, Johnson Egwakhide (Etsako Central)

6. A Bill for a Law to make Provision for a Contributory Pension Scheme for Employee of Edo State and for Matters Connected Therewith H. A. 33 2010 (2nd Reading)

On Order being read, the Second reading of the Bill was deferred till Wednesday, 7th July, 2010.

7. Consideration of the Report of the House Joint Committees on Works and Public Utilities and That of Environment and Transport on a Bill For a Law to Make provisions for the Coordination of Artisan and Other Matters Connected Therewith

On Order being read, the Chairman of the Joint Committees Hon. Jude Ise-Idehen (Ikpoba-Okha) presented the Report accordingly.

Mr. Speaker thereafter thanked the Committee Members for a job well done and directed Rules and Business Committee to slate the Report for consideration on Wednesday, 7th July, 2010.

8. Adjournment:
Motion made and Question Proposed; That this Honourable House do now adjourn sitting till Wednesday, 7th July, 2010 at 10.00 a.m. prompt.
Hon. Shaibu, Philip (Etsako West II)

Question put and agreed to
Resolved in the affirmative

Sitting Accordingly Adjourned At One O’Clock In The Afternoon.

RT. HON. OMOKHODION, EHI BRIGHT
(SPEAKER)

EDO STATE HOUSE OF ASSEMBLY
FEDERAL REPUBLIC OF NIGERIA
THIRD ASSEMBLY
FOURTH SESSION
FIRST QUARTER

NO. 308 VOTES AND PROCEEDINGS
Wednesday, 7th July, 2010

1. The House met at 11.00 a.m. Mr. Speaker took his seat and prayers were said.

2. Roll Call of Members: The Roll Call of Honourable Members was taken as follows:

S/NO PRESENT CONSTITUENCY
1. Hon. Adjoto, Kabiru Akoko-Edo I
2. Hon. Aliu, Peter Etsako East
3. Hon. Amadasun, Uwamose O. Uhunmwode
4. Hon. Igbe, Uyigue Oredo West
5. Hon. Ise-Idehen, Jude Ikpoba-Okha
6. Hon. Ogbeiwi, Ikponmwosa E. Orhionmwon II
7. Hon. Ogedengbe, Foly Joseph Owan East
8. Hon. Oghuma, Johnson Egwakhide Etsako Central
9. Hon. Ohonbamu, Paul Egor
10. Hon. Omokhodion, Ehi Bright Esan West
11. Hon. Osayande, Noghayin Bright Ovia North-East II
12. Hon. Osayimwen, Patrick Oredo East
13. Hon. Shaibu, Philip Etsako West II

ABSENT
1. Hon. Aisowieren, Patrick Orhionmwon I

3. Approval of Votes and Proceedings of Tuesday, 6th July, 2010:
Mr. Speaker announced that he had read through, and was satisfied with the Votes and Proceedings of Tuesday, 6th July, 2010, which was thereafter approved by unanimous consent.

4. A Bill for a Law to Make Provisions for a Contributory Pension Scheme for Employees of Edo State and for Matters Connected Therewith H.A. 33 2010. (Adjourned Debate 06/07/2010 2nd Allotted Day).

On Order being read the adjourned debate on the Bill resumed accordingly.

Motion made and Question Proposed; That the Bill be given its Second Read- ing.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

The Bill was accordingly given its Second Reading. Mr. Speaker thereafter referred the Bill to the House Standing Committee on Finance and Appropriation for fine-tuning, and to report back to the House within two weeks.

5. Consideration of the Report of the House Joint Committees on Works & Public Utilities and that of Environment and Transport on “A Bill for a Law to Make Provisions for the Co-ordination of Artisan and Other Matters Connected Therewith. H.A. 3 2007”

Motion made and Question Proposed; That the Consideration of the Report be taken from the Chair.
Hon. Shaibu, Philip (Etsako West II)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Recommendation:
From the foregoing, therefore, the Committee hereby recommends that the Bill be passed since it will encourage sanity and harmonious relationshipbetween vehicle owners and Artisans on one hand, and help to reduce accidents arising from quack Artisans whose actions do contribute to the carnage on our roads.

Motion made and Question Proposed; That the Recommendation stands part of the Report.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Mr. Speaker thereafter reported Progress and directed the Rules and Business Committee to slate the consideration of the Bill for next week.

6. Adjournment:
Motion made and Question Proposed; That this Honourable House do now adjourn sitting till Monday, 12th July, 2010 at 10.00 a.m. prompt.
Hon. Ise-Idehen, Jude (Ikpoba Okha)

Question put and agreed to
Resolved in the affirmative

Sitting Accordingly Adjourned At Thirty-Five Minutes Past Eleven O’Clock In The Morning.

RT. HON. OMOKHODION, EHI BRIGHT
(SPEAKER)

EDO STATE HOUSE OF ASSEMBLY
FEDERAL REPUBLIC OF NIGERIA
THIRD ASSEMBLY
FOURTH SESSION
FIRST QUARTER

NO. 309 VOTES AND PROCEEDINGS
Monday, 12th July, 2010

1. The House met at 12.10 p.m. Mr. Speaker took his seat and prayers were said.

2. Roll Call of Members: The Roll Call of Honourable Members was taken as follows:

S/NO PRESENT CONSTITUENCY
1. Hon. Adjoto, Kabiru Akoko-Edo I
2. Hon. Aisowieren, Patrick Orhionmwon I
3. Hon. Aliu, Peter Etsako East
4. Hon. Amadasun, Uwamose O. Uhunmwode
5. Hon. Igbe, Uyigue Oredo West
6. Hon. Ise-Idehen, Jude Ikpoba-Okha
7. Hon. Ogbeiwi, Ikponmwosa E. Orhionmwon II
8. Hon. Ogedengbe, Foly Joseph Owan East
9. Hon. Oghuma, Johnson Egwakhide Etsako Central
10. Hon. Ohonbamu, Paul Egor
11. Hon. Omokhodion, Ehi Bright Esan West
12. Hon. Osayande, Noghayin Bright Ovia North-East II
13. Hon. Osayimwen, Patrick Oredo East
14. Hon. Shaibu, Philip Etsako West II

ON SUSPENSION
1. Hon. Agbebaku, Blessing Owan West
2. Hon. Aigbogun, Levis Osaretin Ovia North-East I
3. Hon. Garuba, Zakawanu I. Etsako West I
4. Hon. Okiye, Omoluimhen Frank Esan North-East I
SUMMARY
i. Hon. Members Present = 14
ii. Hon. Members on Official Assignment = Nil
iii. Hon. Members Absent With Apology = Nil
iv. Hon. Members On Suspension = 4
v. Hon. Members Absent = Nil
vi. Number of Seats Vacant = 6
Total = 24

3. Approval of Votes and Proceedings of Wednesday, 7th July, 2010:
Mr. Speaker announced that he had read through, and was satisfied with the Votes and Proceedings of Wednesday, 7th July, 2010, which was thereafter approved by unanimous consent, subject to the following amendment:

On page 3, to delete the lines 4 - 9 instead thereof.

4. Other Announcements by Mr. Speaker:
Mr Speaker announced the presence of Staff and Students of Lumen Christi International School, Uromi, who were at the Public Gallery to watch the day’s Proceedings.

5. Petitions:
Mr. Speaker announced the receipt of a petition from the Law Firm of A. A. Atemoagbo & Co. on behalf of Mr. Friday Itakpe of Iyaneke Quarters Afowa-Uzairue Etsako West Local Government Area, Edo State and directed the Clerk to read the synopsis thus: “Dissmisal of Mr. Friday Itakpe from State Hospital Management Board” dated 14th June, 2010 signed by A. A. Atemoagbo Esq.

Mr. Speaker thereafter referred the petition to the House Standing Committee on Health with a directive to report back to the House within two weeks.

6. Matters of Urgent Public Imporance:
Hon. Philip Shaibu (Etsako West I) rose in his place to draw the attention of the House to the incident of the collasped Omeni bridge linking Akoko-Edo and Etsako West Local Government Areas which was occasioned by the heavy down pour last week-end. He added that the effect of the down pour destroyed houses and farm land in the area thereby causing economic hardship on the people. He therefore called on Federal Ministries of Works and that of Environment to come to the aid of the State. He urged the State Ministries of Environment and Public Utilities, and that of Works, Edo State Rapid Response Agency, Ministry of Women Affairs and Social Development and NEMA (National Emergency Management Agency) to send aids as palliative measures to alleviate the suffering of the people.

Other Members who spoke on the issue alligned themselves with the issues canvassed by the Honourable Member representing Etsako West II.

Rounding off, Mr. Speaker expressed his sympathy with the people and decried the neglect of erosion problems in Auchi by the Federal Government. He urged the Federal Government to deploy necessary machineries to effect repairs on the said bridge and gully site in Auchi.

Accordingly, a consequential motion was thereafter moved thus:

Motion made and Question Proposed That: Whereas, it is the duty of Federal Government to maintain all Federal Roads, in all States in Nigeria;

Whereas, the Federal Ministry of Works, Federal Ministry of Environment under his Office release money meant for Ecological Funds to States;

Whereas, it is the duty of the State Ministry of Environment and Works to maintain Roads and control Erosion in Edo State;

Whereas, the people of Etsako West and Akoko-Edo have the duty for Social Amenities to be delivered to them under the 1999 Constitution.

Be it resolved by this House that,
The Federal Ministries of Works, Environment and the State Ministries of Works and Environment come to the aid of the people of Etsako West and Akoko-Edo.

That, NEMA (National Emergency Management Agency) come to the aid of the people of Etsako West and Akoko-Edo living in that area for relief materials and that, FERMA (Federal Road Maintenance Agency) and the State Rapid Response Agency should immediately swing into action for palliative measures before major jobs are done on that road.
Hon. Philip Shaibu (Etsako West II)

Motion made and Question Proposed: That the consequential motion be taken as a resolution of the House.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Mr. Speaker thereafter directed that clean copies of the Resolution be sent to His Excellency, Executive Governor, Comrade Adams Oshiomhole, all relevant Federal Agencies, Hon. Ministers of Works and Environment, Edo State Rapid Response Agency, Ministry of Women Affairs, Ministry of Works and Ministry of Environment and Public Utilities.

7. Consideration of the Bill for a Law to make Provisions for the Co-ordination of Artisans and other matters connected therewith H. A. 3, 2007

Motion made and Question Proposed; That the House do now resolve into a Committee of the Whole to consider the Bill.
Hon. Ohonbamu, Pual (Egor)

Question put and agreed to
Resolved in the affirmative

Mr. Speaker leaves his Seat
Mr. Chairman resumed his Chair

(In the Committee of the Whole)

Clause 1
Citation and The Law may be cited as the Cordination of Artisan Law and
Commencement shall come to effect on .............. 2010.

Motion made and Question Proposed; That Clause 1 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Clause 2 There shall be established in the State an Artisan Registry with an Office in each Local Government Headquarters and any Other place as the State Government may from time to time deem fit.

Motion made and Question Proposed; That Clause 2 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed: That there shall be established in the State an Artisan Registry in the Ministry of Commerce and Industry with office in each Local Government Headquarters and any other place as the State Government may from time to time deem fit.
Hon. Foly Ogendegbe (Owan East)

Question put and agreed to
Resolved in the affirmative

Main Motion made and Question Proposed: That clause 2 as amended stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Motion made and Question Proposed; That Mr. Chairman resumes his Seat as Mr. Speaker to report progress.
Hon. Ohonbamu, Paul (Egor)

Mr. Chairman resumed his Seat as Mr. Speaker and reported Progress.

Further consideration of the Bill was deferred to a later date.

8. Adjournment:
Motion made and Question Proposed; That this Honourable House do now adjourn sitting till Tuesday, 13th July, 2010 at 10.00 a.m. prompt.
Hon. Ise-Idehen, Jude (Ikpoba Okha)

Question put and agreed to
Resolved in the affirmative

Sitting Accordingly Adjourned At Eighteen Minutes Past One O’Clock In The Afternoon.

RT. HON. OMOKHODION, EHI BRIGHT
(SPEAKER)

EDO STATE HOUSE OF ASSEMBLY
FEDERAL REPUBLIC OF NIGERIA
THIRD ASSEMBLY
FOURTH SESSION
FIRST QUARTER

NO. 310 VOTES AND PROCEEDINGS
Tuesday, 13th July, 2010

1. The House met at 12.15 p.m. Mr. Speaker took his seat and prayers were said.

2. Roll Call of Members: The Roll Call of Honourable Members was taken as follows:

S/NO PRESENT CONSTITUENCY
1. Hon. Adjoto, Kabiru Akoko-Edo I
2. Hon. Aisowieren, Patrick Orhionmwon I
3. Hon. Aliu, Peter Etsako East
4. Hon. Amadasun, Uwamose O. Uhunmwode
5. Hon. Igbe, Uyigue Oredo West
6. Hon. Ise-Idehen, Jude Ikpoba-Okha
7. Hon. Ogbeiwi, Ikponmwosa E. Orhionmwon II
8. Hon. Ogedengbe, Foly Joseph Owan East
9. Hon. Oghuma, Johnson Egwakhide Etsako Central
10. Hon. Ohonbamu, Paul Egor
11. Hon. Osayande, Noghayin Bright Ovia North-East II
12. Hon. Osayimwen, Patrick Oredo East
13. Hon. Shaibu, Philip Etsako West II

ON OFFICIAL ASSIGNMENT
1. Hon. Omokhodion, Ehi Bright Esan West

ON SUSPENSION
1. Hon. Agbebaku, Blessing Owan West
2. Hon. Aigbogun, Levis Osaretin Ovia North-East I
3. Hon. Garuba, Zakawanu I. Etsako West I
4. Hon. Okiye, Omoluimhen Frank Esan North-East I
SUMMARY
i. Hon. Members Present = 13
ii. Hon. Members on Official Assignment = 1
iii. Hon. Members Absent With Apology = Nil
iv. Hon. Members On Suspension = 4
v. Hon. Members Absent = Nil
vi. Number of Seats Vacant = 6
Total = 24

3. Approval of Votes and Proceedings of Monday, 12th July, 2010:
Mr. Speaker announced that he had read through, and was satisfied with the Votes and Proceedings of Monday, 12th July, 2010, which was thereafter approved by unanimous consent.

4. Matters of Urgent Public Importance:
Hon. Amadasun Uwamose (Uhunmwode) rose in his place to draw the attention of the House to the Oil Spillage that occurred in Urhokuosa N’owa and Oke-Akhianmwan Community in Uhunmwode Local Government Area of Edo State. He stated that the pipeline that passes through these villages was recently vandalised by some hoodlums resulting in the Oil spillage that ravaged the two Communities, thereby causing the people serious hardship. He therefore called on the appropriate Authorities, that is NNPC and the State Government to avert reoccurrence.
Other Members contributing also condemned the actvities of the hoodlums.

Thereafter a Consequential Motion was moved thus:

Motion made and Question Proposed That:
Whereas, Uhunmwode Local Government Area is essentially an Agrarian Community whose inhabitants are predominantly farmers and fishermen.

Whereas, the farmland, source of water (i.e. the Akhianwan Stream) of the people of Urhokuosa N’Owa and Oke-Akhianmwan have been polluted as a result of the oil spillage that ravaged the entire community in the last two days.

Whereas, it is the responsibility of Government to ensure the safety and welfare of the citizenry.

Be it resolved as follows:
1. That, the Nigerian National Petroleum Corporation (NNPC) should take immediate steps to stop the spillage and to avert explosion.

2. That the State Ministry of Environment should visit the area to ascertain the extent of damage.

3. That the State Ministry of Women Affairs and Social Development should visit the area with the aim of providing possible relief materials.
Hon. Amadasun, Uwamose O. (Uhunmwode)

Question put and agreed to
Resolved in the affirmative

Rounding off, Mr. Speaker directed that clean copies of the Resolution be sent to the Executive Governor of the State, Comrade Adams Aliyu Oshiomhole; the Group Managing Director, NNPC; the Commissioner for Environment and Public Utilities and the Commissioner for Women Affairs.

Mr. Speaker thereafter constituted a three (3) man Ad-hoc Committee namely:
Hon. Ogbeiwi Ikponmwosa (Orhionmwon II) - Chairman
Hon. Ise-Idehen Jude (Ikpoba Okha) - Member
Hon. Peter Aliu (Etsako East) - Member

The terms of reference of the Ad-hoc Committee are:
(a) To look at the immediate causes of the spillage
(b) To suggest steps to be taken to avert future occurrences.

The Committee was given one month to report back to the House.

5. Consideration of the Bill for a Law to make Provisions for the Co-ordination of Antisans and Other Matters Connected Therewith H.A. 3 2007.

Motion made and Question Proposed; That the House do now resolve into a Committee of the Whole to consider the Bill.
Hon. Shaibu Philip (Etsako West II)

Question put and agreed to
Resolved in the affirmative

Mr. Speaker leaves his Seat
Mr. Chairman resumed his Chair

(In the Committee of the Whole)
2nd Allotted Day

Clause 3. (a) Subject to this Law, there shall be registered in the manner
Artisans to be prescribed herein, every artisan carrying on business in the Registered State as automobile Electrician, Vulcanizers, Panel beaters, Motorcycle and Vehicle Mechanics, Spray Painters (hereinafter called “artisans”)

Motion made and Question Proposed; That Clause 3 (a) stands part of the Bill.
Hon. Ohonbamu, Paul (Egor)

Debate arising:

Amendment Proposed; That subject to this law there shall be registered in the manner prescribed herein, every artisan carrying on business in the State.
Hon. Aliu Peter (Etsako East)

Question put and agreed to
Resolved in the affirmative

Main Motion made and Question Proposed; That clause 3a as amended stands part of the Bill
Hon. Ohonbamu, Paul (Egor)

Question put and agreed to
Resolved in the affirmative

Clause 3(b) Where an artisan after being registered under this Law changes his line of business, he shall notify the appropriate authority in writing of the change and the register shall be amended accordingly.

Motion made and Question Proposed; That Clause 3b stands part of the bill.
Hon. Ohonbamu, Paul (Egor)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Clause 4 The State Government may by notice signed by it and published in the Power to Gazette, exempt from registration under this Law, any artisan or group of Exempt artisans carrying on such aforementioned business in the State.

Motion made and Question Proposed; That Clause 4 stands part of the bill.
Hon. Ohonbamu, Paul (Egor)

Debate arising:

Amendment Proposed; That Clause 4 be deleted
Hon. Peter Aliu (Etsako East)

Question put and agreed to
Resolved in the affirmative

Clause 5
Particulars of Every artisan whose business falls within the category of those who
Registration should be registered under this Law shall complete a registration form supplied by the appropriate authority stating the following facts:
(i) Name of the artisan
(ii) General nature of business
(iii) The principal place of business
(iv) The date of commencement of the business.

Motion made and Question Proposed; That Clause 5 now clause 4 stands part of the bill.
Hon. Ohonbamu, Paul (Egor)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Clause 6
now Clause 5 The time for registration shall be:
Time for (a) In the case of an existing business, within twenty-eight (28) Registration days from the date of commencement of this Law.

Motion made and Question Proposed; That Clause 6(a) now clause 5(a) stands part of the Bill.
Hon. Ohonbamu, Paul (Egor)

Debate arising:

Amendment Proposed; That the time for registration shall be in the case of an existing business, within Ninty (90) days from the date of commencement of this Law.
Hon. Shaibu, Philip (Etsako West II)

Question put and agreed to
Resolved in the affirmative

Main Motion made and Question Proposed; That Clause 6(a) now 5(a) as amended stands part of the Bill.
Hon. Ohonbamu, Paul (Egor)

Question put and agreed to
Resolved in the affirmative

Clause 6(b)
now 5(b) In any other case, within twenty-one (21) days of the commencement of the business.

Motion made and Question Proposed; That Clause 6(b) now clause 5(b) stands part of the Bill.
Hon. Ohonbamu, Paul (Egor)

Debate arising:

Amendment Proposed; That Clause 6(b) now 5(b) be deleted.
Hon. Shaibu, Philip (Etsako West II)

Question put and agreed to
Resolved in the affirmative

Clause 7
Benefits to
the Artisans

Motion made and Question Proposed; That Clause 7 now clause 6 stands part of the Bill.
Hon. Ohonbamu, Paul (Egor)

Debate arising:

Amendment Proposed; That Clause 7 now 6 be recast, to now read, “Duties of the State”
Hon. Ogbeiwi, Ikponmwosa E. (Orhionmwon II)

Question put and agreed to
Resolved in the affirmative

Main Motion made and Question Proposed; That Clause 7 now 6 as amended stands part of the Bill.
Hon. Ohonbamu, Paul (Egor)

Question put and agreed to
Resolved in the affirmative

Clause 7(i)
now 6(i) All registered artisans shall be assisted with provision of essential tools at subsidize rate.

Motion made and Question Proposed; That Clause 7(i) now clause 6(i) stands part of the Bill.
Hon. Ohonbamu, Paul (Egor)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Clause 7(ii) now 6(ii)
(ii) Artisans shall be given workshop dresses and safety shoes for the various categories.

Motion made and Question Proposed; That Clause 7(ii) now clause 6(ii) stands part of the Bill.
Hon. Ohonbamu, Paul (Egor)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Clause 7(iii) now 6(iii)
(iii) Seminars and training shall be organized for the artisans to acquaint them with repairs of modern cars and vehicles on our road.

Motion made and Question Proposed; That Clause 7(iii) now clause 6(iii) stands part of the Bill.
Hon. Ohonbamu, Paul (Egor)

Debate arising:

Amendment Proposed; That Seminars and Training shall be organized for the artisans to equip them with modern technology.
Hon. Shaibu, Philip (Etsako West II)

Question put and agreed to
Resolved in the affirmative

Main motion made and Question Proposed; That Clause 7(iii) now 6(iii) as amended stands part of the Bill.
Hon. Ohonbamu, Paul (Egor)

Question put and agreed to
Resolved in the affirmative

Clause 7(iv) now 6(iv)
(iv) Artisans shall be assisted to undergo Government trade test grade 111, 11 and 1 to enhance their skills and knowledge on the job.

Motion made and Question Proposed; That Clause 7(iv) now clause 6(iv) stands part of the Bill.
Hon. Ohonbamu, Paul (Egor)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Clause 7(v) now 6(v)
(v) A mechanic village shall be created in strategic location in towns and cities in the State.

Motion made and Question Proposed; That Clause 7(v) now clause 6(v) stands part of the Bill.
Hon. Ohonbamu, Paul (Egor)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Motion made and Question Proposed; That Mr. Chairman resumes his Seat as Mr. Speaker to report Progress.
Hon. Shaibu, Philip (Etsako West II)

Mr. Chairman resumed his Seat as Mr. Speaker and reported Progress.

Further consideration of the Bill was deferred to a later date.

8. Adjournment:
Motion made and Question Proposed; That this Honourable House do now adjourn sitting till Wednesday, 14th July, 2010 at 10.00 a.m. prompt.
Hon. Osayimwen, Patrick (Oredo East)

Question put and agreed to
Resolved in the affirmative

Sitting Accordingly Adjourned At Twenty Minutes To Two O’Clock In The Afternoon.

RT. HON. OHONBAMU, PAUL
(DEPUTY SPEAKER)

EDO STATE HOUSE OF ASSEMBLY
FEDERAL REPUBLIC OF NIGERIA
THIRD ASSEMBLY
FOURTH SESSION
FIRST QUARTER

NO. 312 VOTES AND PROCEEDINGS
Monday, 19th July, 2010

1. The House met at 12.25 p.m. Mr. Speaker took his seat and prayers were said.

2. Roll Call of Members: The Roll Call of Honourable Members was taken as follows:

S/NO PRESENT CONSTITUENCY
1. Hon. Adjoto, Kabiru Akoko-Edo I
2. Hon. Aisowieren, Patrick Orhionmwon I
3. Hon. Aliu, Peter Etsako East
4. Hon. Amadasun, Uwamose O. Uhunmwode
5. Hon. Igbe, Uyigue Oredo West
6. Hon. Ogbeiwi, Ikponmwosa E. Orhionmwon II
7. Hon. Ogedengbe, Foly Joseph Owan East
8. Hon. Ohonbamu, Paul Egor
9. Hon. Omokhodion, Ehi Bright Esan West
10. Hon. Osayande, Noghayin Bright Ovia North-East II
11. Hon. Osayimwen, Patrick Oredo East

ABSENT WITH APOLOGY
1. Hon. Ise-Idehen, Jude Ikpoba-Okha
2. Hon. Oghuma, Johnson Egwakhide Etsako Central
3. Hon. Shaibu, Philip Etsako West II

ON SUSPENSION
1. Hon. Agbebaku, Blessing Owan West
2. Hon. Aigbogun, Levis Osaretin Ovia North-East I
3. Hon. Garuba, Zakawanu I. Etsako West I
4. Hon. Okiye, Omoluimhen Frank Esan North-East I
SUMMARY
i. Hon. Members Present = 11
ii. Hon. Members on Official Assignment = Nil
iii. Hon. Members Absent With Apology = 3
iv. Hon. Members On Suspension = 4
v. Hon. Members Absent = Nil
vi. Number of Seats Vacant = 6
Total = 24

3. Approval of Votes and Proceedings of Wednesday, 14th July, 2010:
Mr. Speaker announced that he had read through, and was satisfied with the Votes and Proceedings of Wednesday, 14th July, 2010, which was thereafter approved by unanimous consent, subject to the following amendments:

On page 4, paragraph 2, line 12, to delete the phrase “Etsako East” and insert the phrase “Etsako West II)” instead thereof.

4. Other Announcements by Mr. Speaker:
Mr. Speaker announced the presence of staff and students of Harvard Education Centre, St. Saviour Road, Benin City who were at the Public Gallery to watch the day’s Proceedings.

5. Consideration of Bill to Make Provisions for the Co-ordination of Artisans and other Matter Connected Therewith H. A. 3 2007.

Motion made and Question Proposed; That the House do now resolve into a Committee of the Whole to consider the Bill.
Hon. Ohonbamu, Paul (Egor)

Question put and agreed to
Resolved in the affirmative

Mr. Speaker leaves his Seat
Mr. Speaker resumed his Chair

(In the Committee of the Whole)
(4th Allotted day)

Clause 13 Now 12
Identity of
Inspectors
Motion made and Question Proposed; That Clause 13 now 12 citation stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Debate arising:

Amendment Proposed; That the side note do now read thus: Inspectors/Staff.
Hon. Aliu Peter (Etsako East)

Question put and agreed to
Resolved in the affirmative

Clause 13 An Inspector shall at all times in the course of his lawful duties now 12(a) carry his certificate of identity duly signed by the permanent Secretary of the Ministry and the production by the Inspector of his certificate of identity shall for all purposes be sufficient evidence of the authority of the inspector

Motion made and Question Proposed; That Clause 13 now 12(a) stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Clause 13 now 12(b) The identity Card to be carried by the Staff must be duly signed by the Permanent Secretary or the Contractor.

Motion made and Question Proposed; That Clause 13 now 12(b) stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Main Motion made and Question Proposed; That Clause 13 now 12 as amended stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Clause 14 now 13
Offences (i) If any company, firm or individual whose workshop is required to be registered under this Law fails or neglects to register such workshop in the manner and within the time specified under this Law, the company or every partner(s) in the firm or the individua(s)l, as the case may be, shall be guilty of an offence and liable on conviction to a fine of N6,000 (Six Thousand Naira only) or a term of three months imprisonment.

Motion made and Question Proposed; That Clause 14 now 13(i) stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Clause 14 now 13(ii)

(ii) Any person who forges a certificate under this Law shall be guilty of an offence and liable on conviction to a fine of N3,000 (Three Thou- sand Naira only) or to three months imprionment.

Motion made and Question Proposed; That Clause 14 now 13(ii) stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed; To delete the fine of N3,000.00 and the 3 months imprisionment and insert the fine of N6,000.00 and 6 Months imprisionment respectively instead thereof.
Hon. Ogedengbe, Foly (Owan East)

Question put and agreed to
Resolved in the affirmative

Clause 14 now 13(iii)
(iii) Any person who willfully, hinders, prevents or obstructs any inspec tor or other person in the execution of this Law shall be guilty of an offence and liable on convinction to a fine of N2,000 (Two Thousand Naira only) or to two months imprisonment.

Motion made and Question Proposed; That Clause 14 now 13(iii) stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Clause 14 now 13(iv)
(iv) The Court upon convicting any company or person under this Law may in addition to any penalty which it has imposed, order the work- shop premises to be sealed up for a given period not exceeding six (6) months.

Motion Made and Question Proposed; That Clause 14 now 13(iv) stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Main Motion made and Question Proposed; That Clause 14 now 13(i-iv) as amended stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Clause 15 now 14
Interpretation In this Law, unless the context otherwise requires:
“appropriate authority” means the authority or official desig- nated by the Commissioner for Transport of the State to carry out the registration of the artisans.

Motion made and Question Proposed; That Clause 15 now 14 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed; To delete the phrase “Commissioner for Transport” and insert the phrase “Commissioner for Commerce and Industry” i nstead thereof.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Clause 15 now 14
“The Ministry” means the Ministry of Transport of the State.

Motion Made and Question Proposed; That Clause 15 now 14, paragraph (ii) stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

(i) Amendment Proposed; To delete the phrase “Ministry of Transport” and insert phrase “Ministry of Commerce and Industry” instead thereof.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Clause 15 now 14
Paragraph (iii) “Court” any Court of Law within jurisdiction.

Motion Made and Question Proposed; That Clause 15 now 14, paragraph (iii) stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:
(ii) Amendment Proposed; To delete the phrase “any Court of Law” and insert the phrase “Area Customary or Magistrate Court” instead thereof.
Hon. Ohonbamu, Paul (Egor)

Question put and agreed to
Resolved in the affirmative

Clause 15 now 14
Paragraph (iv) “The State” means Edo State of the Federal Republic of Nigeria.

Motion Made and Question Proposed; That Clause 15 now 14, paragraph (iv) stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Clause 15 now 14,
Paragraph (v) “State Governor” means the Executive Governor of Edo State of Nigeria.

Motion Made and Question Proposed; That Clause 15 now 14, paragraph (v) stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

(iii) Amendment Proposed; To delete paragraph (v)
Hon. Aliu Peter (Etsako East)

Question put and agreed to
Resolved in the affirmative

(iv) Amendment Proposed;

Addition “Artisan” means some one who does skilled work with his ‘hand’
Interpretation Hon. Uyi Igbe (Oredo West)

Question put and agreed to
Resolved in the affirmative

Main motion made and Question Proposed; That Clause 15 now 14 as amended stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Schedule
(i) Registration fee N3,500.00

Motion made and Question Proposed; That Schedule (i) stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

(ii) Monthly Renewal Fee

Motion made and Question Proposed; That Schedule (ii) stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed; To delete the word “Monthly” and insert the word “Annually” instead thereof.
Hon. Aliu Peter (Etsako East)

Question put and agreed to
Resolved in the affirmative

Schedule 2
(i) Heavy Duty Vehicle Maintenance = N1,000.00
(ii) Others = N 5,00.00

Motion made and Question Proposed; That Schedule 2 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed; A flat rate of N2,000 annually be paid as renewal fee.
Hon. Aliu Peter (Etsako East)

Question put and agreed to
Resolved in the affirmative

Main Motion made and Question Proposed; That the Schedule as amended stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Motion made and Question Proposed; That Mr. Chairman do now resume as Mr. Speaker to report Progress.
Hon. Ohonbamu Paul (Egor)

Mr. Chairman leaves his Chair
Mr. Speaker resumed his Seat and reported Progress.

Motion made and Question Proposed; That the Report of the Committee of the Whole be adopted as enactment of the House.
Hon. Ohonbamu Paul (Egor)

Question put and agreed to
Resolved in the affirmative

Motion made and Question Proposed; That the Bill be given its 3rd reading and passed into law.
Hon. Ohonbamu Paul (Egor)

Question put and agreed to
Resolved in the affirmative

The Bill was accordingly given its Third Reading and passed into law.

Mr. Speaker thereafter directed that clean copies of the Bill be sent to the Comrade Governor, Adams Aliu Oshiomhole for his assent.

7. Consideration of the Bill for a Law to Establish the Edo State Traffic Control and Management Agency and for purposes Connected Therewith.

On Order being read, consideration of the Bill was deferred to a later date.

8. Consideration of the Report of the House Standing Committee on Informa- tion, Youth and Sports on a Petition titled “Re: A Plea Letter to the Edo State House of Assembly for Re-instatement into the Bendel Newspaper Company Ltd. (The Nigerian Observer)

On Order being read, consideration of the Report was deferred to a later date.

9. Adjournment:
Motion made and Question Proposed; That this Honourable House do now adjourn sitting till Tuesday, 20th July, 2010 at 10.00 a.m. prompt.
Hon. Ohonbamu, Paul (Egor)

Before putting the Question Mr. Speaker congratulated the Students Harvard Education Centre, Benin City for their historical presence and comportment during the sitting.

Question put and agreed to
Resolved in the affirmative

Sitting Accordingly Adjourned At Fifteen Minutes Before Two O’Clock In The Afternoon.

RT. HON. OMOKHODION, EHI BRIGHT
(SPEAKER)

EDO STATE HOUSE OF ASSEMBLY
FEDERAL REPUBLIC OF NIGERIA
THIRD ASSEMBLY
FOURTH SESSION
FIRST QUARTER

NO. 313 VOTES AND PROCEEDINGS
Tuesday, 20th July, 2010

1. The House met at 11.41 a.m. Mr. Speaker took his seat and prayers were said.

2. Roll Call of Members: The Roll Call of Honourable Members was taken as follows:

S/NO PRESENT CONSTITUENCY
1. Hon. Adjoto, Kabiru Akoko-Edo I
2. Hon. Aisowieren, Patrick Orhionmwon I
3. Hon. Amadasun, Uwamose O. Uhunmwode
4. Hon. Igbe, Uyigue Oredo West
5. Hon. Ise-Idehen, Jude Ikpoba-Okha
6. Hon. Ogbeiwi, Ikponmwosa E. Orhionmwon II
7. Hon. Ogedengbe, Foly Joseph Owan East
8. Hon. Ohonbamu, Paul Egor
9. Hon. Omokhodion, Ehi Bright Esan West
10. Hon. Osayimwen, Patrick Oredo East
11. Hon. Shaibu, Philip Etsako West II

ABSENT WITH APOLOGY
1. Hon. Aliu, Peter Etsako East
2. Hon. Oghuma, Johnson Egwakhide Etsako Central
3. Hon. Osayande, Noghayin Bright Ovia North-East II

ON SUSPENSION
1. Hon. Agbebaku, Blessing Owan West
2. Hon. Aigbogun, Levis Osaretin Ovia North-East I
3. Hon. Garuba, Zakawanu I. Etsako West I
4. Hon. Okiye, Omoluimhen Frank Esan North-East I
SUMMARY
i. Hon. Members Present = 11
ii. Hon. Members on Official Assignment = Nil
iii. Hon. Members Absent With Apology = 3
iv. Hon. Members On Suspension = 4
v. Hon. Members Absent = Nil
vi. Number of Seats Vacant = 6
Total = 24

3. Approval of Votes and Proceedings of Monday, 19th July, 2010:
Mr. Speaker announced that he had read through, and was satisfied with the Votes and Proceedings of Monday, 19th July, 2010, which was thereafter approved by unanimous consent, subject to the following amendment:

On page 3, Clause 14 now 13; line 4; to delete the word “individua(s)l” between the words “the” and “as” and insert “individual(s)” instead thereof.

4. Other Announcements by Mr. Speaker:
Mr. Speaker announced the presence of representatives of the Students Council of Petroluem Training Institute Effurun, Delta State led by one Mr. Fawomi, who were at the Public Gallery to watch the day’s Proceedings.

5. Consideration of the Bill for a Law to Establish the Edo State Traffic Control and Management Agency and for purposes connected therewith.

Motion made and Question Proposed; That the House do now resolve into a Committee of the Whole to consider the Bill.
Hon. Ohonbamu, Paul (Egor)

Question put and agreed to
Resolved in the affirmative

Mr. Speaker leaves his Seat
Mr. Speaker resumed his Chair

(In the Committee of the Whole)

Clause 1
Citation and This Law may be cited as the Edo State Traffic Control and
Commencement Traffic Management Agency Law and shall come into force on the ..... day of ..... 2010.

Motion made and Question Proposed; That Clause 1 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative
Clause 2
Interpretation In this Law:
“Agency” means the Edo State Traffic Control and Management Agency;
“Appropriate Authority” means the Commissioner charged for the time being with Transport matters in Edo State.
“Commissioner” means Commissioner for Transport;
“Government” means Government of Edo State;
“Governor” means Governor of Edo State;
“Member” means a uniformed, non-uniformed or honorary public member of the Authority;
“Misconduct” includes any conduct which in the opinion of the Gover- nor constitutes same.
“State” means the Edo State of Nigeria;
“Traffic Mayor” means volunteer traffic controller.

Motion made and Question Proposed; That Clause 2 be stepped down till the end of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Clause 3 (1) There is hereby established in Edo State a body to be known as the Establishment Edo State Traffic Control and Management Agency.
of the Agency

(2) The body shall be a corporate entity with perpetual succession and a common seal with the power to sue and be sued in its corporate name.

Motion made and Question Proposed; That Clause 3 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Clause 4 (1) The Agency shall have an Advisory Board
The Advisory
Board of the (2) The Advisory Board shall consist of the Permanent Secretary of the Agency Comp- Ministry of Transport as Chairman and the following as members:
osition and (a) One representative of the Nigeria Police Force, Edo State other matters Command;
(b) One representative of the State Ministry of Transport;
(c) One representative of the State Ministry of Works;
(d) One representative of the State Ministry of Environment and Public Utilities.
(e) One representative of the State Board of Internal Revenue;
(f) One representative of the State Ministry of Budget and Economic Planning;
(g) One representative of the State Ministry of Justice
(h) The Chief Executive officer of the Agency.
(3) The Chairman and Members of the Advisory Board shall be appointed by the Governor and be paid such remuneration as may be deter- mined by him.

(4)(i) All Members of the Advisory Board except the Chief Executive Officer (who is a full time official of the Agency) shall be appointed to serve as part-time members.

(ii) Members of the Board shall hold office for a period of three (3) years and may be re-appointed for another three (3) years but shall not be eligible for re-appointment thereafter.

Provided however that in the event of any of the aforementioned rep- resentative not being available by reason of ill-health, death, transfer, retirement or for any other reason, the nominating Ministry or authority shall be at liberty to nominate a replacement to serve out the unexpired term.

(iii) The Governor may at any time remove the Chairman or any member from office, if in his opinion, it is in the interest of the Agency or of the State for such Member to be removed from the Advisory Board.

(5) The provisions of the First Schedule to this Law shall apply with re- spect to proceedings of the Advisory Board and other matters pro- vided therein.

(6) Five members of the Advisory Board shall constitute a quorum at any meeting of the Board.

(7) The Advisory Board shall be charged with the responsibilities for:
(a) reviewing progress of the programmes of the Agency;
(b) recommending changes and additions to current programmes especially the Annual Work Plan;
(c) identifying areas of inter-departmental and inter-governmen- tal co-ordination;
(d) identifying means of expertise that can be applied to specific problems; and
(e) offering technical advice to the Governor on traffic manage- ment and related issues.

Motion made and Question Proposed; That Clause 4 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed; That Clause 4 (2) should read “That the Advisory Board shall consist of a Chairman to be appointed by the Governor, with the Permanent Secretary of the Ministry of Transport as Secretary of the Board and the following as Members”
Hon. Shaibu, Philip (Etsako West II)

Question put and agreed to
Resolved in the affirmative

Main motion made and Question Proposed; That Clause 4(2) as amended stands part of the Bill
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Motion made and Question Proposed: That Clause 4(2)f stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed; That “one representative from the Ministry of Budget and Economic Planning” be deleted and insert “One representative of the Federal Road Safety Corps, (FRSC) Edo State, instead thereof.
Hon. Shaibu, Philip (Etsako West II)

Question put and agreed to
Resolved in the affirmative

Motion made and Question Proposed; That Clause 4(2)h stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed; That “the Chief Executive Officer of the Agency” be deleted and insert “Road Transport Association in Edo State” instead thereof.
Hon. Shaibu, Philip (Etsako West II)

Question put and agreed to
Resolved in the affirmative

Amendment Proposed: That additional item i be added to read “one representa- tive from the Ministry of Finance.
Hon. Shaibu, Philip (Etsako West II)

Question put and agreed to
Resolved in the affirmative

Main motion made and Question Proposed; That Clause 4 as amended stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)
Question put and agreed to
Resolved in the affirmative

Clause 5
Power of the Subject to the provisions of this Law, and Appropriate Authority may Commissioner give to the Agency, general or specific directions as to the policy to be followed in the exercise of its powers or as to performance of its functions and in apropriate cases, the Appropriate Authority may make directions or orders for the purposes of the provisions of this Law, and the Agency shall comply with and give effect to such direc- tions, or Orders.

Motion made and Question Proposed; That Clause 5 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed: That the side note do now read thus: “Power of Appro- priate Authority”.
Hon. Uyi Igbe (Oredo West)

Question put and agreed to
Resolved in the affirmative

Main Motion made and Question Proposed; That Clause 5 as amended stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Motion made and Question Proposed; That Mr. Chairman resume his Seat as Mr. Speaker to report Progress.
Hon. Ohonbamu, Paul (Egor)

Mr. Chairman resumed his Seat as Mr. Speaker and reported Progress.

Further consideration of the bill was deferred to a later date.

6. Consideration of the Report of the House Standing Committee on Informa- tion, Youth and Sports on a Petition titled “Re: A Plea Letter to the Edo State House of Assembly for Re-instatement into the Bendel Newspaper Company Ltd.” (The Nigeria Observer).

Motion made and Question Proposed; That the Report be taken from the Chair.
Hon. Ohonbamu, Paul (Egor)

Question put and agreed to
Resolved in the affirmative

Recommendation
From the findings above it is evidently clear that the removal of the Petitioner’s name from the Payroll of the Nigerian Observer was an error from the Management based on the fact that the petitioner was not given any query, warning or letter of termination of appointment, while he was on sick bed. The Committee therefore, recommends that the petitioner Mr. Trevor Omoregbe uddoh be reinstated back to the Nigerian Observer.

Motion made and Question Proposed; That the recommendation forms part of the Report.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed; That the Report be withdrawn to enable the Committee clear some grey areas that arose as a result of the debate.
Hon. Ogbeiwi Ikponmwosa E. (Orhionmwon II)

Question put and agreed to
Resolved in the affirmative

Main Motion made and Question Proposed; That the Report be returned to the Committee on Information, Youth and Sports to carry out proper investigation.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Motion made and Question Proposed; That Mr. Chairman takes his Seat as Mr. Speaker to report Progress.
Hon. Ohonbamu, Paul (Egor)

Mr. Chairman resumed as Mr. Speaker and reported Progress.

Mr. Speaker thereafter referred the Report back to the Committee on Information, Youth and Sports to carry out proper investigation on the matter and report back to the House.

7. Presentation of the Report of the House Standing Committee on Public Peti- tion and Labour Relations on a Petition titled “Re: Unlawful Removal from Office” dated 5th May, 2008 and signed by one Mr. Efosa Osunbor.

On Order being read, Presentation of the Report was deferred to a later date.

8. Adjournment:
Motion made and Question Proposed; That this Honourable House do now adjourn sitting till Wednesday, 21st July, 2010 at 10.00 a.m. prompt.
Hon. Ohonbamu, Paul (Egor)

Before putting the Question Mr. Speaker urged Members to study the bill under consideration for a meaningful contribution.

Question put and agreed to
Resolved in the affirmative

Sitting Accordingly Adjourned At Twenty Minutes Past One O’Clock In The Afternoon.

RT. HON. OMOKHODION, EHI BRIGHT
(SPEAKER)

EDO STATE HOUSE OF ASSEMBLY
FEDERAL REPUBLIC OF NIGERIA
THIRD ASSEMBLY
FOURTH SESSION
FIRST QUARTER

NO. 314 VOTES AND PROCEEDINGS
Wednesday, 21st July, 2010

1. The House met at 12.40 p.m. Mr. Speaker took his seat and prayers were said.

2. Roll Call of Members: The Roll Call of Honourable Members was taken as follows:

S/NO PRESENT CONSTITUENCY
1. Hon. Adjoto, Kabiru Akoko-Edo I
2. Hon. Aisowieren, Patrick Orhionmwon I
3. Hon. Aliu, Peter Etsako East
4. Hon. Amadasun, Uwamose O. Uhunmwode
5. Hon. Igbe, Uyigue Oredo West
6. Hon. Ise-Idehen, Jude Ikpoba-Okha
7. Hon. Ogbeiwi, Ikponmwosa E. Orhionmwon II
8. Hon. Oghuma, Johnson Egwakhide Etsako Central
9. Hon. Ohonbamu, Paul Egor
10. Hon. Omokhodion, Ehi Bright Esan West
11. Hon. Osayimwen, Patrick Oredo East
12. Hon. Shaibu, Philip Etsako West II

ABSENT WITH APOLOGY
1. Hon. Ogedengbe, Foly Joseph Owan East
2. Hon. Osayande, Noghayin Bright Ovia North-East II

SUMMARY
i. Hon. Members Present = 12
ii. Hon. Members on Official Assignment = Nil
iii. Hon. Members Absent With Apology = 2
iv. Hon. Members On Suspension = 4
v. Hon. Members Absent = Nil
vi. Number of Seats Vacant = 6
Total = 24

3. Approval of Votes and Proceedings of Tuesday, 20th July, 2010:
Mr. Speaker announced that he had read through, and was satisfied with the Votes and Proceedings of Tuesday, 20th July, 2010, which was thereafter approved by unanimous consent, subject to the following amendments:

i. On page 3, Clause 4 item (2)e to delete the word “Inland” and insert the word “Internal” instead thereof.

ii. On page 4, Clause 4, item 2, to insert 2(i) with the words “Ministry of Finance” instead thereof.

4. Consideration of the Bill for a Law to Establish the Edo State Traffic Control and Management Agency and for Purposes Connected Therewith.

Motion made and Question Proposed; That the House do now resolve into a Committee of the Whole to consider the Bill.
Hon. Ohonbamu, Paul (Egor)

Question put and agreed to
Resolved in the affirmative

Mr. Speaker leaves his Seat
Mr. Speaker resumed his Chair

(In the Committee of the Whole)
(2nd Allotted Day)

(4)(i) All Members of the Advisory Board except the Chief Executive Officer (who is a full time official of the Agency) shall be appointed to serve as part-time members.

(ii) Members of the Board shall hold office for a period of three (3) years and may be re-appointed for another three (3) years but shall not be eligible for re-appointment thereafter.

(5) The provisions of the First Schedule to this Law shall apply with respect to proceedings of the Advisory Board and other matters provided therein.

(6) Five members of the Advisory Board shall constitute a quorum at any meeting of the Board.

Motion made and Question Proposed; That Clause 4 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed; That Clause 4(2)(h) should read, “the Chief Executive Officer of the Agency” be restored as Member of the Board.
Hon. Aliu Peter (Etsako East)

Debate arising:

Question put and agreed to
Resolved in the affirmative
Amendment Proposed: That Clause 4(2) to include4 2(i) to now read “One rep- resentative of State Ministry of Finance”
Hon. Aliu, Peter (Etsako East)

Debate arising:

Question put and agreed to
Resolved in the affirmative

4(3) The Chairman and Members of the Advisory Board shall be appointed by the Governor and be paid such remuneration as may be deter- mined by him.

Motion made and Question Proposed; That Clause 4(3) stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed; That Clause 4(3)(a) should read “Chairman and the Chief Executive of the Agency shall be appointed by the Governor subject to the Confirmation of the House and paid such remuneration as approved by the Governor.”
Hon. Aliu, Peter (Etsako East)

Debate arising:

Question put and agreed to
Resolved in the affirmative

4(3b) Amendment Proposed; That Clause 4(3)b should read “other Members of the Advisory Board so nominated shall be approved by the Gover- nor.”
Hon. Ohonbamu, Paul (Egor)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Motion made and Question Proposed; That the earlier resolution of Tuesday, 20th July, 2010 on Clause 4 be reversed.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Main Motion made and Question Proposed; that the new clause 4 as amended stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)
Question put and agreed to
Resolved in the affirmative

Clause 6 now Clause 5
Principal Officers (1) There shall be a Chief Executive Officer of the Agency who
of the Agency shall be designated “The Director”, who shall be appointed by the Governor and who shall be a person possessing sound knowledge and ability in organization and administration of policies and shall have substantial general experience in traf- fic control and management.
(2) The Chief Executive Officer shall:
(a) exercise general supervision and control over members of the Agency;
(b) direct the activities of members of the Agency;
(c) provide a focal point for traffic management/safety pro- grammes, information, execution and funding in the State;
(d) manage the Agency’s finances; and
(e) deploy the human and material resources of the Agency in such manner as will best ensure the attainment of the aims and objectives of this Law.

(3) There shall be a General Manager of the Agency who shall be a person possessing sound knowledge and ability in organization and general administrative management and Human Resources Man- agement matters.

(4) There shall be a Secretary/Legal Adviser to the Agency who shall be responsible to the Chief Executive Officer in the discharge of his func- tions and shall in particular be responsible for;

(a) providing legal advice;
(b) serving as Secretary of the Advisory Board;
(c) taking custody of the seal of the Agency; and
(d) generally performing all other duties affecting the Agency as may be specifically assigned to him by the Chief Executive Officer.

Motion made and Question Proposed; That Clause 6 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposeed; That Clause 6(1) line 2 to delete “The Director” and insert “The Managing Director” instead thereof.
Hon. Aliu, Peter (Etsako East)

Question put and agreed to
Resolved in the affirmative

Amendment Proposed; That Clause 6(3) should now read “There shall be a General Manager who is responsible to the Chief Executive Officer and shall be a person possessing sound knowledge and ability in organization and general administrative Management and Human Resources management Matters”.
Hon. Aliu, Peter (Etsako East)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Amendment Proposed; That Clause 6(4b) “serving as Secretary of the advi- sory Board” should be deleted
Hon. Shaibu, Philip (Etsako West II)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Main Motion Made and Question Proposed; That Clause 6 as amended stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Clause 7
Other Staff of The Agency may employ such other staff as may be required for the the Agency effective performance of its functions under this Law and shall appro- priate remuneration for such staff, subject to the approval of the Governor.

Motion Made and Question Proposed; That Clause 7 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Clause 8
Functions of The Agency shall discharge functions relating generally to:
the Agency (a) general superintendence and management of road traffic matters in the State;
(b) controlling traffic and enforcing State and National Laws that govern the safe use of vehicles on roads in Edo State;
(c) deterring and apprehending road traffic offenders;
(d) conducting highly visible day and night traffic patrols to enforce traffic rules and regulations and clear the highways of obstruction;
(e) reducing the incidence and severity of road traffic accidents;
(f) enforcing the use of bus stops and bus terminals;
(g) Identifying, developing, promoting and maintaining new or alterna- tive methods of traffic management and road safety;
(h) providing telephone accessible emergency towing services for break down vehicles;
(i) maintaining a register data base of traffic violators;
(j) employing mobile and random breath testing methods to deter drunk driving;
(k) safeguarding highways from encroachment from the activities of markets, road-side trading, street hawking and alms begging;
(l) safeguarding school children through school children’s crossings and school site zones;

(m) safeguarding motor vehicles, motorcyclists, cyclists and pedestrians at railway level crossing;
(n) safeguarding vehicles and pedestrains in the construction zones and highways and streets;
(o) co-operating with Local, National, International bodies, Agencies or groups engaged in road safety activities or in the prevention of acci- dents on the highways;
(p) entering into agreement with any person for the supply, construction, manufacture, maintenance or repair of any property whether move- able or immoveable, which is necessary or appropriate for the purpose of the Agency;
(q) doing anything for the purpose of advancing the skill of persons employed by the Agency of the manner in which the equipment is operated including the provision of facilities for training, education and research.
(r) ensuring the smooth flow and operation of traffic on roads in the State
(s) clearing all vehicular and other obstructions on roads in the State;
(t) making of regulations for the purpose of effectively executing the provisions of this Law.
(u) review the prescribed fines and penalties for offences under this law, subject to the approval of the Edo State Executive Council.

Motion Made and Question Proposed; That Clause 8 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed; That Clause 8(b) should read “Controlling Traffic and Enforcing Laws that govern the safe use of vehicles on roads in Edo State”
Hon. Aliu, Peter (Etsako East)

Debate arising;

Question put and agreed to
Resolved in the affirmative
Amendment Proposed; That Clause 8(f) should read “Enforcing the use of bus stops and bus terminals as designated by the Agency”
Hon. Uwamose, Amadasun (Uhunmwode)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Amendment Proposed; That Clause 8(i) should read “Maintaining a register/ data base of traffic violators”
Hon. Shaibu, Philip (Etsako West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Main Motion made and Question Proposed; That Clause 8 as amended stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Clause 9
Powers of the (1) In the exercise of the functions conferred on the Agency, members of
Agency under the Agency shall have powers to arrest and prosecute traffic offend-
the Second ers reasonably suspected of having committed any of the offences Schedule specified under the Second Schedule to this Law.

(2) In the discharge of the functions of the Agency by or under this Law, a member or official of the Agency shall have power to:

(a) arrest any person suspected of committing or having commit- ted an offence under this Law;
(b) impound any vehicle by which an offence under this Law is reasonably suspected to have been committed until payment of the prescribed fine or the case is determined or disposed;
(c) remove and detain any vehicle which has been parked in a manner that causes an obstructionon a highway until payment of the prescribed fine or the case is determined or disposed;
(d) tow away and park impounded vehicles in the approved im- pounded vehicle lot;
(e) declare an offender as a wanted person when he fails to report to answer charges against him under this Law.

(3) After the first 24 hours of seizure, the driver or owner of an impounded vehicle shall be liable to pay custody fees each day the vehicle remains in custody, provided that if the driver or owner of the vehicle fails to reclaim the vehicle within the period of six weeks, the impounded vehicle shall be vested in the Edo State Government which reserves the right to dispose of such vehicle as it deems fit.

Second (4) Any person who contravenes any of the provisions of the second Schedule schedule hereto or commits any offence under this Law shall be Traffic Offences liable on conviction to penalty as specified in the relevant sections of and Penalties the enactment concerned with the offence or, as the case may be, in respect of offences specified in the Second Schedule to this Law.

Traffic (5)(a) For the purpose of deterring traffic offenders, this Law empowers the Offenders Agency to introduce the penalty point rating and apply the points Penalty Points contained in the third column of the Second Schedule for each traffic Rating offence.

(6) Any person suspected of having committed any offence to which this law applies, and who refuses without lawful excuse to give an autho- rized officer any information demanded or gives a false name or address or any other false information to an authorized officer, shall be liable on summary conviction to a fine of N5,000.00 or to impris- onment for six months.

(7) Persons suspected to have committed an offence under this Law may be prosecuted in any Magistrates’ Court or Mobile Court in the State.

(8) Notwithstanding the provisions of subsection (4) of this Section, the court convicting an offender under this Law mayimpose a term of imprisonment not exceeding six months in lieu of any of the penalties provided for in the Second Schedule to this Law.

Motion made and Question Proposed; That Clause 9 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed: That Clause 9 (5b) shall read “A Cumulative number of penalty points in excess of the limit to be prescribed by the Advisory Board for any offender, accumulated in one or more arrests would lead to the withdrawal of such an offender’s driver’s licence for a period of three months in the first instance”
Hon. Shaibu, Philip (Etsako West II)

Debate arising:

Question put and Negatived.

Main Motion made and Question Proposed; That clause 9 as amended stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)
Question put and agreed to
Resolved in the affirmative

Clause 10
Establishment (1) For the purpose of speedy trials of traffic offenders under this Law,
of Mobile Traffic there shall be established within the State, Mobile Courts to be preCourt sided over by Magistrates who shall sit at places to be determined from time to time for the purposes of imposing fines or imprison- ment in respect of the offenders as set out in the Second Schedule to this Law.

(2) The proceedings of the Mobile Court shall be held in public unless the Magistrate considers that in the interest of justice private sitting of the Mobile Court shall be held.

(3) Notwithstanding the provisions of this Section, a traffic offender may wish to waive his rights to a court trial by paying the stipulated fines on the fine tickets to the designated State Account.

(4) All accounts kept by the Agency shall be audited at such time and in such manner as the Auditor-General of Edo State may require.

Motion made and Question Proposed; That Clause 10 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Clause 11
Traffic fines (1) Any fine imposed on any person as set out in the Second Schedule
Ticket to this Law shall be paid either on the spot where it is imposed by a Mobile Court or within twenty-four hours where imposed by a Road Traffic Officer on highway patrol. The offender in both instances shall obtain an official receipt showing the offence committed and the amount of fine paid thereof

(2) The vehicle of any person who commits any offence under this Law shall be detained until the said fine is paid.

(3) On the default of such an offender to pay the fine a charge shall be preferred against him in the Mobile Court or any other court where appropriate and in the event of the foregoing, the offender shall be liable to pay a surcharge as may be determined by the Magistrate, in addition to the fine stipulated in the schedule to this Law.

Motion made and Question Proposed; That Clause 11 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed; That Clause 11(1) now reads “Any fine imposed on any person as set out in the Second Schedule to this Law shall be paid either on the spot where it is imposed by a Mobile Court or within forty-eight hours where imposed by a Road Traffic Officer on highway patrol”. The offender in both instances shall obtain an official receipt showing the offence committed and the amount of fine paid thereof.
Hon. Osayimwen Patrick (Oredo East)

Question put and agreed to
Resolved in the affirmative

Main Motion made and Question Proposed; That Clause 11 as amended stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Clause 12
Ranks of (1) Members and officials of the Agency shall bear such ranks and Members of designation as may be assigned to them within the following grades, the Authority that is :

(a) Chief Executive Officer
(b) General Manager
(c) Deputy General Manager
(d) Assistant General Manager
(e) Chief Road Traffic Officer
(f) Assistant Chief Road Traffic Officer
(g) Principal Road Traffic Officer
(h) Senior Road, Traffic Officer
(i) Road Traffic officer I
(j) Road Traffic Officer II
(k) Trainee Traffic officer
(l) Chief Traffic Assistant
(m) Assistant Chief Traffic Assistant
(n) Principal Traffic Assistant I
(o) Principal Traffic Assistant II
(p) Senior Traffic Assistant
(q) Higher Traffic Assistant
(r) Traffic Assistant I
(s) tranffic Assistant II
(t) Chief Patrolman
(u) Assistant Chief Patrolman
(v) Senior patrolman
(w) Patrolman
(x) Assistant Patrolman

(2) The entry qualification for the appointment of members shall be in accordance with the Rules made by the Agency for that purpose but shall not be less than:

(a) a minimum entry qualification of Senior Secondary School Certificate or its equivalent;
(b) Certificate of medical fitness from a Government Hospital.
(3) Uniformed members of the Agency in addition to the conditions prescribed in Section 13(2) above would also required to be:

(a) physically fit;
(b) of minimum height 1.67 meters (5ft 6ins) for the male mem- bers; and
(c) of minimum height 1.62 meters (5ft 4ins) for the female mem- bers.

Motion made and Question Proposed; That Clause 12 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed; That Clause 12(2a) should read “A maximum entry qualification of Primary School Leaving certificate.
Hon. Uwamose Amadasun (Uhunmwode)

Question put and agreed to
Resolved in the affirmative

Amendment Proposed; That clause 12(3b) should read “of minimum height 5ft 4 inches for male members.
Hon. Uwamose Amadasun (Uhunmwode)

Question put and agreed to
Resolved in the affirmative

Amendment Proposed; That Clause 12(3c) should read “of minimum height 5ft for the female members.
Hon. Uwamose Amadasun (Uhunmwode)

Question put and agreed to
Resolved in the affirmative

Main Motion made and Question proposed; That Clause 12 as amended stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Clause 13
Declaration (I) A person shall, before he is appointed as a member of the Agency, be
of interest required to declare his interest, if any, in any transport or other busi-
by Members ness organization undertaking transportation of passengers, or goods or engaged in the repairs and maintenance of vehicles or manufac- turing or sale of any equipment used by the Agency.

(2) A member of the Agency who acquires any financial interest in any organization undertaking transportation of passengers or goods or engaged in the repairs and maintenance of vehicles in the production or sale of any equipment used by the Agency shall, within one month of such acquisition give notice thereof in writing to the Authority specifying the interest so acquired and the Agency may, after taking into consideration all the circumstances of the case, decide whether -
(a) to retain him as a member of the Authority; or
(b) to remove him from such membership; or
(c) attach any condition to his membership.

Motion made and Question proposed; That Clause 13 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Clause 14
Provision of The Agency shall provide for the service of members such equip-
Equipment ment as it may consider for the effective and efficient discharge of and Materials the functions conferred by and under this Law; including the provi- sions of uniforms, identification cards, re-troreflective jackets, rain- coats, high-powered motor-cycles, patrol cars, ambulances, recovery vehicles, mobile radios, telephone sets, computers, rescue tools and torches.

Motion made and Question proposed; That Clause 14 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Clause 15
Jurisdiction (1) The Agency shall have power to operate in the entire State:
and Operational
Zones (2) For the administration of this Law, the Agency shall create opera- tional zones in the State each of which shall be under the control of an officer appointed by the Agency,
(3) The Agency may deploy to each operational zone such members of Traffic Control officers as it may deem sufficient for enforcing the provisions of this Law within the operational zone.

Motion made and Question proposed; That Clause 15 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Clause 16 A uniformed or non-uniformed member of the Agency shall not, when Immunity of on duty, be held personally liable for any act validly done by him in members the exercise of his duty and within the limit of his powers conferred on him by this Law or any rules or regulations made hereunder.

Motion made and Question proposed; That Clause 16 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Clause 17 The Chairman or any member of the Agency who compromises himself in the enforcement of this law or discharge of his duty is liable to summary dismissal and thereafter prosecution.

Motion made and Question proposed; That Clause 17 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Clause 18 When any suit is commenced against the Agency for any act done in Limitation of pursuance or execution or intended execution of any law or of any Suits against duty or authority, or in respect of any such law, duty or authority, such the Agency suit shall not lie or be instituted unless it is commenced within three months next after the act, neglect or default complained of or in the case of a continuance of damage or injury within twelve months after the ceasing thereof.

Motion made and Question proposed; That Clause 18 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Clause 19 (1) No suit shall be commenced against the Agency or its officials unless Notice of suit a month’s written notice of intention to commence the same has been to be given to served upon the Agency by the intending plaintiff or his agent.
the Agency by

intending (2) Such notice shall state the cause of action, the name and place of Plaintiff abode of the intending Plaintiff and the relief which he claims.

Motion made and Question proposed; That Clause 19 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Clause 20
Mode of Subject to any order of any competent Court regarding the Service of
service on processes, Service upon the Agency of the Notice referred to above,
the Agency or any summons, order or other document required or authorized to be served upon the Corporation under the provisions of this Law or any other law may, unless in any case there is express provision to the contrary, be served by delivering the same to the General Man- ager or the Secretary of the Agency or by delivering same to the Principal Office of the Agency.

Motion made and Question proposed; That Clause 20 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed; That Clause 20 should read “subject to any order of any Competent Court regarding the service of processes, service upon the Agency of the notice referred to above, or any summons, order or other docu- ment required or authorized to be served upon the corporation under the provisions of this Law or any other Law may, unless in any case there is express provision to the contrary, be served by delivering same to any princi- pal officer or to the principal office of the Agency.
Hon. Ohonbamu, Paul (Egor)

Question put and agreed to
Resolved in the affirmative

Main Motion made and Question Proposed; That Clause 20 as amended stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Clause 21
Members to (1) Service by members of the Agency under this Law shall be deemed
be regarded to be in the Public Service of the Edo State Government.
as persons in
the Public (2) The Chief Executive Officer may require any person employed as a
Service of member of the Agency to undergo such course of training related to
Edo State the functions of the Agency, under this Law and at such institutions or organizations, as the Chief Executive Officer from time to time decides.

Motion made and Question proposed; That Clause 21 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Clause 22
Allocation (1) Every member of the Agency shall have allocated to him, a service
of Service number, which shall be prefixed against his name in the register of Numbers members to be kept in the Agency.

(2) The service number shall be the identity number of the member and shall be affixed in the case of a uninformed member above the breast pocket of his shirt or such other conspicuous part of his uniform as the Agency may decide.
(3) A uniformed member of the Agency shall be in his uniform whenever he is on duty in his office or on the road.

Motion made and Question proposed; That Clause 22 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

FINANCES OF THE AGENCY

Clause 23
Funds and (1) The funds and resources of the Agency shall consist of:
Resources of (a) Budgetary provisions
the Agency (b) such sums or other advances by way of loans, or grants to the Agency by the Sate Government;
(c) the sums of or other property whatsoever as may from time to time be advanced by way of loans or grants to the Agency by any other Government Agency or institution, any international organization or private foundation or any person whatsoever;
(d) any investments or other property whatsoever acquired by or vested in the Agency;
(e) all other sums or property whatsoever which may in any manner become payable to or vested in the Agency in respect or its powers and duties or of any matter inclidental thereto under this Law.

Motion made and Question proposed; That Clause 23 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Clause 24
Accounts (1) The Agency shall keep proper accounts of all its transactions in such a form as the Governor may direct, being a form that shall conform with the best and standard accounting practice.

(2) The form of accounts shall be such as to secure the provision of separate information in respect of each of the main activities and departments of the Agency.

(3) The accounts shall be audited annually by external auditors appointed by the Governor from a list of approved Auditors provided by the Auditor-General of the State.

(4) The Agency shall within six months after the end of each financial year, furnish the Governor with;
(a) a copy of the audited accounts of the Agency;
(b) a copy of the general report and full report of the external Auditor; and
(c) a detailed report of the state of affairs of the Agency for the financial year, including a statement of the change in the gen- eral reserve fund arising from the activities of the Agency during the year reported upon.

(5) The Agency shall cause audited account and the Annual Report of the Agency to be published in the State Government Official Gazette after complying with subsection (4) of this Section and be available, on demand, to the public.

Motion made and Question proposed; That Clause 24 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed; That Clause 24(1) should read “The Agency shall keep proper account of all its transaction in such a form as the Advisory Board may direct being a form that shall conform with the best and standard accounting practice”.
Hon. Aliu, Peter (Etsako East)

Question put and agreed to
Resolved in the affirmative

Amendment Proposed; That Clause 24(3) should read “The accounts shall be audited annually by external auditors appointed by the Advisory Board from a list of approved auditors provided by the Additor-General of the State.
Hon. Aliu, Peter (Etsako East)

Question put and agreed to
Resolved in the affirmative

Amendment Proposed; That Clause 24(4) should read “The Agency shall within Six month after the end of each financial year, furnish the Auditor General of State with”.
Hon. Aliu, Peter (Etsako East)

Question put and agreed to
Resolved in the affirmative

Main Motion made and Question Proposed; That Clause 24 as amended stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Clause 25
Operation of Subject to the financial regulations of the State as approved by the Bank Accounts Commissioner for Finance, the Agency shall operate funds with a reputable bank or banks in the State and the signatories to the account shall be the Chief Executive Officer and Head of Accounts or their designated representatives as duly authorized by the Agency.

Motion made and Question proposed; That Clause 25 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed; That Clause 25 should read “subject to the financial regulations of the State as approved by the Commissioner for finance the Agency shall operate funds with a reputable bank or banks in the State and the signatories to the accounts shall be the Chief Executive Officer as ‘A’ signatory and Head of Accounts or General Manager as ‘B’ signatories. Hon. Aliu, Peter (Etsako East)
Question put and agreed to
Resolved in the affirmative

Main Motion made and Question Proposed; That Clause 25 as amended stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Clause 26 Subject to the provisions of this Law, the Agency may with the approval of the Governor and subject to the conditions as it may deem fit delegate any of its functions under this Law to any person or body of persons as may be required for the performance of such function.

Motion made and Question proposed; That Clause 26 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

FIRST SCHEDULE

Advisory Board Proceedings

1. The Board may make standing orders regulating the proceedings of the Board or of any committee thereof.

2. The quorum of any Committee of the Board shall be determined by the board.

3. (1) Subject to the provisions of any applicable standing orders, the Board shall meet whenever summoned by the Chairman; and if the Chairman is required so to do by notice given to him by not less than three other members, he shall summon a meeting of the Board to be held within twenty-one days from the date of which the notice is given.

(2) At any meeting of the Board, the Chairman or, in his absence, any member duly appointed by the Board, shall preside at the meeting.

(3) Where the Board wishes to obtain the advice of any person on a particular matter, the Board may co-opt him as a member for such period as it thinks fit, but a person who is a member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the Board and shall not count towards a quorum.

4. (1) The Board may appoint one or more committees to carry out, on behalf of the Board, such of its functions as the board may determine.

(2) A Committee appointed under this paragraph shall consist of the number of persons determined by the board and not more than one-third of those persons may be persons who are not members of the Board; and a person other than a member of the board shall hold office of the Committee in accordance with the terms of the instrument by which he is appointed.

5. The fixing of the seal of the board shall be authenticated by the signature of the Chairman or some other member authorized generally or specially by the Board to act for that purpose.

Motion made and Question Proposed; That the first schedule stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed; That item 2 of the schedule shall read “The quorum of any Committee of the Board shall be 1/3 of Members.
Hon. Shaibu, Philip (Etsako West)

Question put and agreed to
Resolved in the affirmative

Main Motion made and Question Proposed; That first schedule as amended stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

SECOND SCHEDULE
TRAFFIC OFFENCES AND PENALTIES
Violation Penalty
Code Point Fine Additional
=N=
Licence conditions (General)
1. Driving without a valid Driver’s LOG-01 2 1,000 Impound
Licence in possession Vehicle
2. Driving without a Driver’s Licence LOG-02 4 2,000 Impound vehicle
3. Driving of any vehicle by person
under 18 LOG-03 2 5,000 Impound vehicle
4. Learner driving without Learner’s
permit LOG-04 2 2,000 Dislodge driver
5. Learner driving on major highway LOG-05 3 2,000 Dislodge driver
6. Learner driving and unaccompanied
by a licensed driver LOG-06 3 5,000 Impound vehicle
7. Driving an unlicensed vehicle LOG-07 3 2,500 Impound vehicle
8. Driving with fake number plates LOG-08 4 15,000 Impound vehicle
9. Driving a vehicle with unauthorized LOG-09 2 2,000 Impound
or defective reflective number plate vehicle

Motion made and Question Proposed; That Licence conditions (General) of the Second Schedule stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed; That No 1 of Licence condition (General of the Second Schedule should read “Driving without a valid driver’s licence or produce driver’s licence within 48 hours.
Hon. Aliu, Peter (Etsako East)

Question put and agreed to
Resolved in the affirmative

Main Motion made and Question Proposed; That Licence condition (General) of the Second Schedule as amended stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Licence Conditions (Commercial)
10. Not painting a commercial vehicle
in approved colours LOG-01 4 5,000 Enforce painting
11. Violation of route by Commercial
vehicle LOG-02 2 2,000 Impound vehicle
12. Non-display of route and route Impound
Number on commercial vehicle LOG-03 2 2,000 Vehicle
Licence

Motion made and Question Proposed; That Licence Conditions (Commercial) of the Second Schedule stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative
Traffic Signs and Markings
13. Disobeying traffic control personnel TSM-01 4 2,000 Seize
or traffic signs Driver’s

14. Disobeying traffic lights TSM-02 4 2,000 Seize Driver’s Licence
15. Parking on yellow line on any
public highway TSM-03 2 1,000 Seize Driver’s
licence
16. Vehicle crossing double yellow line TSM-04 4 2,000 Seize Driver’s
Licence
17. Staying within the yellow junction Seize
box (off-side rule) TSM-05 2 1,000 Driver’s
Licence
18. Failure to yield to right of way of Seize
pedestrians at a zebra crossing TSM-06 4 5,000 Driver’s licence
19. Failure to give way to traffic on the Seize
left at a roundabout. TSM-07 2 1,500 Driver’s licence

Motion made and Question Proposed; That Traffic Signs and Markings of Schedule two stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed; That item 14 of Traffic Signs and markings of Second Schedule should read “Seize driver’s licence till fine is paid”
Hon. Ise-idehen Jude (Ikpoba Okha)

Question put and agreed to
Resolved in the affirmative

Main Motion made and Question Proposed; That Traffic signs and markings of Second Schedule as amended stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Vehicle Defect
20. Driving motorcycles/3-wheelers Effect
with non-functional lamps VDF-01 1 1,000 Repairs
21. Driving private motor vehicles with
non-functional lamps VDF-02 3 3,000 Effect
Repairs
22. Driving Commercial vehicles with Impound
non-functional lamps VDF-03 4 5,000 vehicle & effect repairs
23. Driving trailers, tankers and tippers Impound
with non-functional lamps VDF-04 4 10,000 vehicle & effect repairs
23a. Alteration of manufacturers lamp
specification on trailers, tankers VDF-04A 4 10,000 Remove
and tippers Gadgets

Motion made and Question Proposed; That Vehicle Defect of Second Schedule stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Alcohol and Drugs
24. Driving under the influence of Impound
alcohol and/or drugs ALD-01 5 10,000 vehicle
25. Smoking while driving ALD-02 1 5,000

Motion made and Question proposed; That Alcohol and Drugs of the Second Schedule stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Motorcycle Riders
26. Riding of motorcycle without crash Impound
helmet for rider and passenger MCL-01 1 500 vehicle
27. Riding a motorcycle without a
Driving Permit MCL-02 2 2,000 Impound
vehicle
28. Riding a motorcycle against traffic
or through road median MCL-03 4 2,000
29. Conveying more than one passenger
at any given time MCL-04 1 1,000
30. Installation of musical gadgets on a
motorcycle MCL-05 3 2,000 Remove gadgets

31. Alteration of manufacturers

specification on motorcycle
(e.g. handlebar/seat/horn/leg rest) MCL-06 2 2,000
32. Motorcyclist resisting arrest MCL-07 4 2,500

Motion made and Question Proposed; That the Motorcycle Riders of the Second Schedule stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Amendment Proposed; That item 27 of Motorcycle Riders of the Second Schedule should read “Riding a motorcycle without a driving permit/licence”.
Hon. Aliu, Peter (Etsako East)

Question put and agreed to
Resolved in the affirmative

Main Motion made and Question Proposed; That motorcycle Riders of Second Schedule as amended stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Speed violation
33. Exceeding prescribed speed limit SPV-01 2 2,500
34. Tailgating an emergency vehicle SPV-02 4 5,000
35. Tailgating an emergency vehicle to
keep to the right lane SPV-02 2 2,500

Motion made and Question Proposed; That Speed violation of the Second Schedule stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Miscellaneous Traffic Fines
36. Assault on a Traffic Officer MTF-01 4 5.000 Prosecution in Court
37. Driving in a direction prohibited by
the Road Traffic Law MTF-02 4 10,000 Impound vehicle
38. Illegal U-turns MTF-03 2 2,000 Driver Training
39. Wrongful overtaking of other vehicle MTF-04 2 2,000 Driver Training
Amendment Proposed; That item 49 of Miscellaneous Traffic Fines of Second Schedule should read “N5,000.
Hon. Shaibu Philip (Etsako West II)

Question put and agreed to
Resolved in the affirmative

Amendment Proposed; That item 53 of Miscellaneous Traffic Fines of Second Schedule be added thus: “Children below the age of Six years should sit at the back seat of the vehicle and failing, a fine of N2,000.00 shall be imposed.
Hon Ise-Idehen Jude (Ikpoba-Okha)

Question put and agreed to
Resolved in the affirmative

Main Motion made and Question Proposed; That Miscellaneous Traffic Fines of Second Schedule as amended stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Question put and agreed to
Resolved in the affirmative

Storage and Custody charges
1. Storage charges for impounded cars,
jeeps, and mini-buses per day 500
2. Storage charges for impounded
motorcycles and 3-wheelers per day 50
3. Storage charges for all other impounded
vehicles 500
4. Towing an impounded car, jeep and mini-buses 3,000
5. Towing a trailer or tanker (empty) 15,000
6. Towing a trailer or tanker (loaded) 25,000
7. Towing tippers and lorries 10,000
8. Towing high capacity buses 20,000
9. Hire of heavy duty recovery equipment At hire cost
Motion made and Question Proposed; That Storage and Custody Charges of the Second Schedule stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Clause 2
Interpretations In this Law:

“Agency” means the Edo State Traffic Control and Management Agency;
“Appropriate Authority” means the Commissioner charged for the time being with Transport matters in Edo State.
“Commissioner” means Commissioner for Transport;
“Government” means Government of Edo State;
“Governor” means Governor of Edo State;
“Member” means a uniformed, non-uniformed or Honorary Public Member of the Authority;
“Misconduct” includes any conduct which in the opinion of the Governor constitutes same.
“State” means the Edo State of Nigeria
“Traffic Mayor” means volunteer traffic controller.

Motion made and Question proposed; That Clause 2 stands part of the Bill.
Hon. Omokhodion, Ehi Bright (Esan West)

Debate arising:

Question put and agreed to
Resolved in the affirmative

Motion made and Question Proposed; that Mr. Chairman takes his Seat as Mr. Speaker to report Progress.
Hon. Ohonbamu, Paul (Egor)

Mr. Chairman resumed as Mr. Speaker and reported Progress

Motion made and Question Proposed; That the Bill be given its Third Reading
Hon. Ohonbamu, Paul (Egor)

Question Put and agreed to
Resolved in the affirmative

The Bill was accordingly given its Third Reading and passed into Law.

Mr. Speaker thereafter directed that clean copies of the Bill be sent to the Executive Governor of the State, Adams Aliyu Oshiomhole for assent.

5. Adjournment:
Motion made and Question Proposed; That this Honourable House do now adjourn sitting till Tuesday 23rd August, 2010 at 10.00 a.m. prompt.
Hon. Philip Shaibu (Etsako West II)

Before putting the question, Mr. Speaker informed the House that some Members will be attending this years Commonwealth Paliamentary Conference in South Africa and thereafter directed that the period of vacation should be used for:

(i) Attending to Committee work;
(ii) Inviting Commissioners towards briefing the House on their various activi- ties and their budgetary performerce for the year.
(iii) House Standing Committees should also use the period to fine-tune their Reports and get them ready before resumption.

Question put and agreed to
Resolved in the affirmative

Sitting Accordingly Adjourned At Ten Minutes Past Four In The Evening.

RT. HON. OMOKHODION, EHI BRIGHT
(SPEAKER)

NewS ARCHIVE