PART I
1. Section 1 – Whilst the name “Lagos Water Corporation” the brand name is “LSWC”, it is difficult and expensive to change the brand name, it was suggested that this is left as it is.
2. Section 2- Subsection 3, delete “Governor” and insert “core investor” the relationship of the Governor to the Corporation is more or less that of a core-investor.
3. Section 3- Delete “Subject to the Approval of the Governor.”
4. Section 6 – Subsection(m), delete the word “Governor” and replace with “Board”
5. 5 Section 7-
i. Subsection 1 (j), line 4, add to
ii. Subsection 1(z), line 3, replace the word “Governor” with “Board”
iii. Subsection 1 (b) becomes (1)(2)(b) – and replace the word “Governor” with “Board”
6. Section 13 – Subsection 2, (b), delete “service of”
7. Section 13 – Subsection 2, line 4, delete “Governor” and insert “Board.”
8. Section 15-
i. Subsection 1 (a), line 2, delete “Governing body” and insert “Board”
ii. Subsection 1 (I,) now becomes subsection 1(h)
iii. Subsection 1 (h), becomes subsection 2
iv. Subsection 1 (j), becomes subsection 1(i)
v. Subsection 2, now becomes subsection 3.
9. Section 16 – Subsection 1, line 1, insert “and” between “loans” and “grants.”
10. Section -17
i. Subsection 1, delete “or the Governor” from line 1 and 2;
ii. Delete subsection 3 completely.
11. Section 18 – delete “or the Governor”
12. Section 19 – Subsection 2, insert “and shall not be higher than the minimum rediscount rate” to the last word. This would make it stand the time because interest rate fluctuates.
13. Section 21 – in line 2, delete “Governor” and insert “core-investor.”
14. Section 22-
i. Subsection 1, line 1, delete “Governor” and insert “core-investor.”
ii. Subsection 3, add, “provided that such exercise of powers shall not exceed a period of six (6) months” to the last word.
15. Section 25 and 26 – Delete “corporation” and insert “Board,” thereof.
16. Section 27 – add “State” to “the House of Assembly” and delete the words “public record” and insert the word “consideration”
17. Section 30-
i. Subsection 1, line 1, delete “corporation” and insert “Board.”
ii. Line 2, delete “Governor” and insert “core-investor” thereof.
iii. Subsection 2, line 1, delete “corporation” and insert “Board” and on line 2, insert “national” before the word newspaper to now read “two national newspapers”
18. Section 32-
i. Delete “Governor” and insert “core inventor” in the title,
ii. Line 2, delete “Governor” and insert “core investor”
iii. Line 5; delete “section 20” and insert “section 26” thereof. This error occurred due to inadvertence, when correction was being done to previous draft, cross-referencing was not properly done.
19, Section 34-
i. Line 1, delete “corporation” and insert “Board”
ii. Line 4, delete “sections 9 and 10” and insert “sections 15 and 16.”
19. Re-arrangement of sections.
i. Section 35, after section 41 becomes section 42.
ii. Section 42 becomes Section 43 and it continues downwards to Section 45.
20. Section 43 – Subsection 2, line 4, delete “without a licence.”
PART II
21. Section 46 becomes Section 48. All the other numbers in the law are affected seriatim.
22. Section 49 –Subsection (i)(d), line 3, add “who shall be either” before colon.
23. Section 50- Subsection (1), delete “sewage” and insert “sewerage.”
24. Section 52 – line 3, delete “drainage” and insert “sewerage.”
25. Section 53 –
i. Subsection 1 (b), delete “to set or modify service requirements, standards and targets”.
ii. Subsection 1(e) insert “primary” immediately after “commission’s and delete “section 11” and insert “section 50” on the last line thereof.
iii. Subsection (g), line 2, insert “bottles or” between the in and “polythene.”
iv. Subsection 1(8), changed to subsection 2, and subsection 1 (10), also becomes subsection 3
26. Section 54- Subsection 1, line 2, insert “and the State House of Assembly.”
27. Section 55- Delete all the words after “representative” in line 4.
28. Section 56-
a. Subsection 4 ©, lines 1and 3, delete “Authority” and insert “Commissioner.”
b. Subsection 4(d), line 1, and insert “two daily national newspapers”.
c. Subsection 4(5) changed to Subsection 5, and in the last line delete subsection 1, and insert subsection 4, thereof.
30. Section 62 – Subsection 3, line 2, insert “Chairman or the” before “Governor” in line 3.
31. Section 63- the Adviser is now to be known as “the Regulatory Adviser” And wherever “the Commission Member” appears same is to be replaced with “the Commissioner”
32. Subsection 2, line 3, delete “2 year” and insert “5 years.”
33. in Section 65, the Committee is of the view that it is not necessary for the House of Assembly to approve the terms and conditions of service of staff of the Corporation. So, the words “with the approval of the House of Assembly” is to be delete.
34. Section 104- Subsection (1) line 3, delete 102(2) and insert 101 (2)
35. Sections 107 and 108 –Delete “Section 105” and insert “Section 104” and delete “Section 105” and insert “Section 104” and delete “Section 104” and insert “Section 103”
36. Section 110 –“Fahrenheit” to be
PART IV
37 Section 127 – Subsection (1)(a), line 1, delete “of a water undertaker or in a pipe.”
Subsection (1) (c), line 4, insert #500.000 (five hundred thousand naira)” and insert “#100,000 (one hundred thousand naira.”
Delete subsection (3) and remember accordingly.
38. Section 129-
Delete subsection (a) and add subsection (b) to subsection (14) line 5, delete “service provider” and insert “private operator.”
PART V
39 Sections – 133
i. The first line becomes subsection (1)
ii. Subsection 1, 2 and 3 would now be paragraphs (a), (b) and (c) respectively under subsection (1).
iii. Subsection (2)
iv. Subsection (2) now reads:
“The Court shall be duly constituted for the purpose of hearing and determining any matter before it, if it consist either of the Chairman sitting alone or the Chairman and any other member.”
40. Section 138 – redrafted to have paragraphs (a) and (b), whilst (e) is deleting.
41. Section 138 – is a new provision for the Registrar. It has two subsections as follows:
a. A registrar, who is a Legal Practitioner with at least 5 years post experience.
b. The registrar to the court shall be a serving officer in the State Ministry of Justice and shall be appointed by the Governor on the commendation of the Attorney –General and Commissioner of Justice of the State.
PART VI
42. Section 143 – interpretation
• Delete “Bureau,” because it does not appear in the Bill
• In the arrangement “Commission” should come before “commissioner.”
• “Commissioner”- delete the Commissioner charged with responsibility for the Water and Sewerage Management Board” and insert “A member of the Regulatory Commission.”
• Delete “Engineering of Building operations.”
• Delete “Foul water” in line (1) and insert “sullage” after the word “effluent.”
• Under “Ground waters” ‘acquifers’ to be properly spelt as aquifers’
• Delete “Member.”
• Delete “Non water assets.”
• In the definition of the word “Owner”- the word ‘mortgagee.”
• “Private participation” has been deleted and Private Operation” inserted.
• Under “Public fountain” in line (4); delete “Board” and insert “corporation.”
• The words “Public right of any” had been deleted and substituted with “public right of way.”
• “Public Sewer” to now means ‘any sewer vested in Government.’
• Delete “public Utility Corporation”
• “Regulated entities” delete “… in a quantity which exceeds that specified by the Regulator Commission.”
• “Regulatory charge” now means “the charge to be paid to the Commissioner by the private operators.”
• Delete “Undertaker.”
• Delete “Water Sector.”
43. Schedule (Penalty) – in Serial No. 11- insert “minimum fines of #100,000 and maximum fines of #250,000.”
Serial Nos. 17 and 18 to be deleted and core-investor was also defined in the interpretation sector.
We thank Mr. Speaker for reposing confidence in us by saddling us with this responsibility. We appreciate his inspiration, presence and contributions at the Committee meetings. We are grateful for the assistance rendered by the Clerk of the House and the Secretariat composed of Mr. A.T.B. Ottun, Mrs. Kofo Olawoyin and Mr. Afolobi Ogundele. We also express thanks to Mr. Jide Oduyebo, the Legal Officer attached to the Committees.
After the Report of the Ad Hoc Committee, Hon. S.O. Adeola (Alimosho II) moved for the adoption of the Report for debate and it was seconded by Hon. Democrat A.O. Adelabu (Alimosho I). Question was put and agreed for the debate on the floor of the Whole House.
The first person to speak on the debate was Hon. Democrat A.O. Adelabu representing Alimosho constituency I, in his brief contribution to the debate he started by congratulating the Report of the Ad Hoc Committee on “A Bill for a Law to provide for the Lagos State Water Sector, Lagos State Water Corporation and for other connected matters” he said that “the brilliant submission was such that it was like a voice coming from higher place, delivering a sermon.”