Between Emotion and Economic Value 

ALFRED LEMMY argues that the controversy over the proposed Water bill is needless 

The current hot exchange between the sponsors of the proposed National Water Resources Bill (NWRB) and the antagonist of the bill is very interesting. It is like a battle pitching emotion against economic value. Each side believes it is driven by the patriotic zeal to defend the best interests of the country. While the sponsors say they are fired up by the desire to midwife a legislation that will bring massive social and economic benefits to the country, the antagonists are determined to shoot the bill down because they see it as a weapon for Nigeria’s physical destruction. 

The latest and most powerful submission which best summarizes the viewpoint on the Water Resources Bill by the opposing side came from Rt. Hon. Mark Gbillah, member representing Gwer/Gwer West, Benue State. He said in an interview: “Agreed that the Federal Government would be involved in monitoring and development in rivers across waterways that traverse several states, particularly littoral states, to cede lands within their territories, in any way, is to cut their nose to spite their face.” 

Gbillah said the re-packaged National Water Bill is yet another route to introduce the Rural Grazing Area policy (RUGA) the widely rejected human settlement policy of the Federal Government, steeped in distrust and a call to armed conflicts and a sure way to increased refugee and IDP menace in the country. “It is advisable, therefore, that the Muhammadu Buhari-led APC government should, in conjunction with advocates of this ill-conceived Water Resources Bill, withdraw it forthwith to avoid the evil wind that is likely to blow across the country by reason of its continued hearing and possible passage in the House of Representatives.” 

But the Ministry of Water Resources, one of the sponsors of the bill, says that contrary to the position held by Gbillah and other opponents of the bill now before the National Assembly, there is no cause for alarm.  But 19th July 2022, Suleiman Adamu, the Minister of Water Resources, said that the bill, having generated controversies over the years, has been reviewed by many water experts and highly skilled legal professionals. Some of the innovations captured in the review includes the institutionalization of independent body to help reposition and regulate the water sector. “The bill has answers to some of the questions on the governance of water resources. We must not be made a laughingstock at the international level. Let common sense prevail.” 

Indeed, experts who have perused the Water Resources Bill have identified numerous social and economic benefits that will accrue to the country when eventually passed. They liken the potential benefits of the proposed legislation to the investment and business boom which the reform of the communications sector has been enjoying since about the year 2000. In this light, the Nigerian Integrated Water Resources Commission (NIWRC) is envisioned to be the water sector’s equivalent of Nigerian Communications Commission (NCC). 

The NIWRC which is already in place, requires only the legal backing of the proposed Water Resources law to become operational.  It is mandated to regulate water development, define water footprint standards and water Resources planning and development which is hanging in the balance. The National Water Resources is also being fashioned after the Companies and Allied Matters Act (CAMA) which regulates all aspects of Company affairs in Nigeria, including investment, ownership, corporate governance, corporate accounting, management, mergers and acquisitions, corporate taxation, corporate social responsibility, etc. As a legislation, CAMA was an amalgamation of hitherto existing separate laws of Nigeria. 

Similarly, according to a Professor of law, Olanrewaju Fagbohun SAN, the Water Resources Bill is an omnibus and consolidating document. “It amalgamates several legislation relating to water resources and governance; creates associated Agencies, Authorities, Offices and Institutions; and spells out elaborate administrative details and interagency collaboration at federal and state levels.” 

 Apart from the benefits of an enabling legal framework, many of the other benefits expected from the proposed law include: the establishment effective water sector governance in Nigeria in line with global best practice; provision for equitable and sustainable development of Nigeria’s surface and ground water; enhancement of a greater participation of farmers in irrigation management and improvement in food security; and provision of the regulatory framework for private sector participation in water supply delivery in the country. 

The bill also provides for the establishment of a Water Sanitation & Hygiene (WASH) FUND for the purpose of financing the development of water resources as well as for expanding access to Water Supply and Sanitation facilities and for the promotion of Hygene practices across Nigeria. 

 The Fund is conceived to be a basket of funds to promote Federal-State partnership towards achieving national targets for universal access to Water Supply, Sanitation and Hygiene (WASH).  The monies of the Fund are to be sourced from budgetary allocation from the Federal Government, allocation from the Development of Natural Resources Fund from the Federation Account and contribution by state Government as counterpart funds on approved Projects. Other sources of funding for the WASH Fund are loans and grants from Multi-Lateral Financial institutions, donor agencies, development partners, donations and bequests from other sources; as well as special Taxes and Levies as may be approved by the National Assembly.

The Water Resources Bill will provide the required legal instrument to support efficient management of the nation’s water resources and accelerate the contribution of the water sector to national development in accordance with Integrated Water Resources Management (IWRM) principles. It will also promote equitable and affordable access to water and reducing poverty as well as accelerate foreign direct investment opportunities and job creation in the Water Sector. 

Since both the sponsors of the bill and its antagonists are patriotic citizens who are out to defend the best interests of the country, it behoves on them to drop their arms. They should come to the round table and resolve any lingering grey areas standing in the way of the passage of the bill so that Nigerians can harness its identified benefits. 

Lemmy writes from Jos, Plateau State