28TH COREN ENGINEERING ASSEMBLY

COUNCIL FOR THE REGULATION OF ENGINEERING IN NIGERIA

22 ADDIS ABABA CRESCENT, WUSE ZONE 4, ABUJA.

28THCOREN ENGINEERING ASSEMBLY

T H EME: S T RATEGIC A L LIANCE A M ONGST E NGINEERING P ROFESSIONALS F O R E NH ANCED O P PORTUNITIES.

A UGUST 1 9 TH-21ST ; 2 019

UNITY

PEA

&FAITH, CE&PROGRESS

COUNCIL FOR THE REGULATION OF ENGINEERING IN NIGERIA

22 ADDIS ABABA CRESCENT, WUSE ZONE 4, ABUJA.

‘ ’ THE M AKING O F T H E N EW C O REN A CT , 2 018’’

BY

ENGR. W. KAMILA MALIKI, FNSE,mni.

Founder -Kay Hay Milla Services Ltd.

UNITY

PEA

&FAITH, CE&PROGRESS

Presentation at28th COREN Engineering Assembly: 2019 -Engineering Forum

Presentation Outline

❖Introduction

❖COREN Mandates

❖Overview of COREN

❖Formulating the Roadmap

❖Amendment of COREN ACT

❖Review of the COREN Act,2019.

❖Conclusion and Recommendations.

August 2019 REVIEW OF COREN ACT 2019 3

1.0. Introduction

Regulation

Regulation is defined as a law, rule, or other order prescribedby authority (COREN), especially to moderate conduct,practice or profession.

It is also defined as laws through which governments cancontrol public and privately owned businesses.

The act of regulating or the state of being regulated, aprinciple, rule, or law designed to control or govern conduct,a governmental order having the force of law.

Other definitions abound.


1.1. Regulating the Engineering Profession

Regulation in engineering is established by various jurisdictions of theWorld to encourage public welfare, safety, well-being and otherinterests of the general public, and to define the training andlicensure/registration process through which an engineeringpractitioner becomes authorized to practice engineering and/or provideengineering professional services to the public.

The body charged with the mandate to regulate and control theEngineering profession in Nigeria is the Council for the Regulation ofEngineering in Nigeria, COREN.


https://en.wikipedia.org/wiki/Licensure

https://en.wikipedia.org/wiki/Professional_services

2.0. COREN Mandates

Council for the Regulation of Engineering in Nigeria,COREN, was established as a statutory organ of theFederal Government of Nigeria by Decree No. 55 of1970 as amended by Decree 27 of 1992, nowEngineers (Registration etc.) Act, CAP E 11, 2004, withthe mandates to regulate and control engineeringpractice in Nigeria in all its aspects and ramifications;etc.


3.0. Overview of COREN

Since 1970, COREN has achieved some degree of success inthe areas of Registration of Engineering personnel,accreditation of courses in tertiary institutions and trainingof practitioners.

However, COREN has not been able to enforce its rules,ethics and codes of practice due to weak laws, inadequatefunding and inconsistency in government policies.

This has called for a concerted effort at the review of theCOREN Act and desirable collaboration with other regulatorybodies.


3.1. SWOT Analysis.Strengths:

✓ That engineering has important role in development which the society is craving for in Nigeria;

✓ The total number of Registered Engineering personnel in all cadres is on the increase;

✓ Engineering personnel in key position in government and politics; etc.


3.1. SWOT Analysis.Weaknesses:

✓ COREN rules, ethics and codes are not enforced;

✓ Council dominated by representatives of the

public sector;

✓ Fast rate of turnover of Council members;

✓ Unemployed Engineering personnel; etc.


3.1. SWOT Analysis.Opportunities:

✓ Requirements for various infrastructures and

developments projects;

✓ Failure of Infrastructures across all sectors;

✓ Availability of Engineering personnel who are ready to beinvolved; etc.


3.1. SWOT Analysis.

Threats:

✓ Quacks and Charlatans practicing Engineering;

✓ The low number of Registered EngineeringTechnicians and Craftsmen;

✓ The low interest in science by students in theSecondary Schools;

✓ The poor state or dearth of Technical Collegesin Nigeria; etc.

August 2019

REVIEW OF COREN ACT 2019

11

3.2. Limitations of the COREN Act.

▪Lack of stringent penalties for offences and the apparent absence ofenforcement of best engineering practices.

▪The scope of engineering firms registration limited only to Consulting firms

▪Lack of oversight responsibility over all organisations engaged in engineeringjobs and services in Nigeria including construction and manufacturingcompanies.

▪COREN has no affiliation with several agencies of government regulatingengineering by default; for example: Development control authorities across theStates, NCC, NEMSA, etc.

▪COREN is presently only empowered to discipline registered engineeringpersonnel and not quacks in the profession.

▪Lack of oversight on the utilization of Engineering personnel in the industry andparticularly ensuring that engineering position is filled by competent persons.

▪Lack of explicit role on the establishment and inauguration of engineeringstandards and code including equivalence across international boundaries;etc.


3.2. Limitations of the COREN Act Cont’d.

▪The incursion of foreign firms dominating Engineering practice in Nigeria.

▪The short tenure of Council members does not allow for continuity.

▪Ample time wasted in projecting COREN into limelight.

▪Failure of Infrastructures.

▪Appointment of non-Engineers to head engineering organizations/departments.

▪Inadequate facilities for training in various institutions.

▪Attempt by some organization to take over the regulation function of COREN,example; Council of Nigerian Mining Engineers and Geoscientists (COMEG) andBureau of Public Procurement.


• Conversely, COREN must develop strategies to eliminate the weaknesses through enactment of more regulations which must be enforced.

• With the support of all stakeholders, all threats could be surmounted and quacks eliminated through aggressive media campaign.

4.0. Formulating the Roadmap

COREN being a purposeful and visionary organization needs to develop a roadmap for the achievement of its goals.

It must propose strategies that will amplify the strengths through an aggressive monitoring and regulation drives.


Hence !

4.1. Visionary Leaders


2013-2019

4.1. Vision


To promote and ensure

the highest standards of professionalism in

engineering practice in

Nigeria.

4.2. Mission

▪To register and license engineering personnel andfirms and make provision for the control ofengineering practice in both public and private sectorsof Nigeria;

▪To determine the academic standards of courses andaccredit programmes to be offered by institutionstraining engineering personnel;

▪To foster speedy acquisition of relevant engineeringand technological skills through continuousprofessional development;


4.2. Mission. Cont’d.

▪ To ensure that engineering is practised toimprove the quality of life for all, creatingprosperity and adding value through innovationand the promotion of healthy and sustainabledevelopment.

▪ To promote and ensure stability and cooperationwithin the engineering family.


4.3. Strategic Goals

1. To create an empowered organization that iscustomer centered, collaborative and responsive toengineering personnel and stakeholders feedback;

2. To achieve higher rates of revenue and generaldevelopment of the Council;

3. To streamline and harmonize all registrationprotocols, including those outsourced to theAssociations;


4.3. Strategic Goals, Cont’d’.

1. To exploit the possibility of the review ofthe COREN Act, CAP E11,2004.

2. Review and Evolve a functional frameworkfor the gazeting of Council regulations;

3. Training and retraining of staff to be pursued vigorously.

August 2019REVIEW OF COREN ACT 2019 20

5.0. Amendment of COREN ACT

Council constituted a Review Committee with the following members:

• Engr. I K Inuwa, FNSE, FAEng, CFR - Chairman

• Engr. Olusegun Adedeji, FNSE, FAEng, - Member

• Engr. Otis Anyaeji, FNSE, FAEng, - Member

• Engr. A. A Rabiu, FNSE - Member

• Engr. Remy Uche, FNSE, - Member

• Engr. Dr Danladi M, Ningi, MNSE- - Member

• Engr. Bukola M. Adisa, FNSE- - Member

• Tgst. Ahmad A. Yabagi, FNATE,- - Member

•Mr Bolu A. Ajibolu, FNISET,- - Member

•Mr Victor Arima, FNAEC. - - Member

• Barr. Ify Eke - -Secretary

August 2019 REVIEW OF COREN ACT 2019 21Committee was inaugurated on Tuesday 19th July 2016

5.1. Retreat.


Retreat on the Amendment of COREN Act with the Committee on Works, House of Representatives and Senior Engineers

5.2. Hon. Toby Okechukwu’s Bill


Sponsor of the Bill-Hon Toby Okey Okechukwu

Constituency –Aninri/ Agwu/ Oji-River

State-Enugu.

Position-Chairman House Committee

on Works.

HB Nr- HB-1092Amendment of Cap. E11, 2004

5.3. Senator Engr. Ibrahim A.Gobir, FNSE


COREN Delegation visited Senator I . A Gobir in his office.

5.4. NASS Lobbying


Tuesday 23rd Jan, 2018

5.6. Public Hearing at the House of Representatives.


5.7. House of Representatives Tech. Advisory Committee.

❑Engr. Prof. Christian Bolu, MNSE - - Chairman

❑Engr. Dr. F. A Shonubi, FNSE - - Member

❑Engr. Zakari Ayitogo, FNSE - - Member

❑Engr. Dr Akin Adeoye, FNSE - - Member

❑Mrs Caroline Asan - - Member

❑Mr Chidozie Aja - - Secretary

❑Mr Nnanna Ude - - Consultant


The TAC reviewed 37 Memoranda from institutions and persons including research into global best practices.

5.8. Passage of the Amendment by the House of Representatives.

NATIONAL ASSEMBLY

House of Representatives

Federal Republic of Nigeria

On Thursday, 24th May,2018, passed the Bill for an Act to Amend theEngineers (Registration, Etc.) Act CAP E11, Laws of the Federation ofNigeria, 2004, to introduce new Register for Engineering Firm, includeEngineering personnel, broaden the power of the Council and itsRegistrar and the Recognition of other Professional bodies outside theNigerian Society of Engineers to nominate representatives to the Council,among others; and for Other matters connected therewith. HB.1092 byHon. Toby Okechucwu- Aninri, Oji River Federal Constituency .


5.9. Senate Concurrence.


HE Dr Bukola Saraki, CON

President of SenateFourth Republic, 8th National Assembly

5.10. PMB Assent.


HE President Muhammadu Buhari,GCFR

signs Engineers’ Amendment Act into Law on 14th March, 2019

6.0. Review of the COREN Act.

The amendment broadened the powers of the Council with far reachingpowers and assist in deepening engineering profession among others:

1. Enhancing prosecutorial powers;

2. Expanding the quality and scope of itsregulations;

3. Increasing the number of Council members;

4. Improving the sources of funds;

5. Strengthening its administration;


6.0. Review of the COREN Act. 2018. Cont’d:

6. Strengthening the practice and professional development of the engineering profession;

7. Enforcing professional discipline ;

8. Establishing an Engineering Regulation Monitoring Unit within the Council;

9. Strengthening the definition and concept of the practice of engineering, etc.


6.1.Enhancing prosecutorial powers

The Amendment in Section 1 (1)(e), has enhanced the powers of Council by inserting new provisions as follows:


• Section 1(1)(e) – prosecutorial power• Section 1(1)(h) – Investigating engineering failures• Sections 15 & 16 – Engineering Disciplinary Tribunal and Engineering Investigating Panel (for professional

misconducts)• Section 18, 18A, 18B – Offences, Legal Proceedings and Jurisdiction cum prosecution of offences

Prosecuting any person or firm in breach of the provisions of this Act in a Court of competent jurisdiction.

6.2. Expanding the quality and scope of its

Regulations

➢ The Council may appoint such officers and other employees as it may be necessary;

➢ The Council may make staff regulations on conditions of service of its employees;

➢ Regulation is as confirmed by Council;

➢ Offences under the Act may be tried by the Federal High Court;

➢ Public and Private sectors involvement;

➢ Professional misconduct defined;


6.3. Inviting more Stakeholders to

Council.

The Amendment increased the number of Council members by including one person each appointed to represent the following:

✓ Association for Consulting Engineering in Nigeria

✓ Federation of Constructing Industry in Nigeria

✓ Manufacturers Association of Nigeria

✓ Armed Forces (in rotation)

In addition, the Amendment provided for the representation ofmembership from the faculties of engineering in universities andpolytechnics.

Also, the Amendment requires that the four persons to be nominated bythe Minister, “one shall be from the Ministry under his control and theother persons from amongst other interests in the field of engineeringcovered by this Act which in his opinion are not adequately represented”.


6.4. Improving the sources of fund

The Amendment has proposed that the Council shall establish andmaintain a Fund, into which shall be paid and credited:◦ Sums appropriated by the National Assembly;◦ All subventions, fees, fines, penalties, and charges for services

rendered or publications made by the Council;

◦ Gifts, endowments, bequests, loans, donations, grants, aids, etc.;◦ Foreign aids and assistance from bilateral and multilateral agencies;

◦ Percentage of funds forfeited to Government by offenders under thisAct;

◦ Engineering Development Levy (0.005%) from all engineeringprojects undertaken by the FGN; and

◦ Other assets which may, from time to time, accrue to the Council.


6.5. Strengthening its Administration

The Amendment stipulates:

Registrar:

◦ the Chief Executive and Accounting officer of the Council;

◦ a registered engineer who possesses such relevant qualifications as shall bedetermined by the Council; and

◦ responsible for the execution of policy and the day to day administration of the affairsof the Council.

◦ Appointment for a tenure of three years, reappointed for a further three years and nomore.

President:

◦ The President shall be elected to be in office for a term of 4 years and no more.

◦ There shall be one Vice-President from among the Council members and whose job orduties shall be determined by the Council members.


The Council may appoint such officers and other employees as it may deemnecessary.

6.6. Strengthening the Practice and Continuing Professional Development .

The Amendment has enable Council to regulate industrial training schemesin engineering for the training of engineering practitioners and engineeringstudents;

Ensuring capacity building and monitoring local content development in theNigerian engineering industry through the following means amongst others –◦ mandatory attachment of Nigerians to expatriate engineers on major

projects to understudy them from inception,◦ ensuring that all foreign Engineering firms establish their design offices in

Nigeria,◦ granting of compulsory attestation to all expatriate quota applications that

there are no qualified and competent Nigerians for the job in question atthe time of application and that granting of the said expatriate quota shallbe contingent on training of such number of persons as may be requiredfor the execution of the job, and

◦ ensuring that before being allowed to practice in Nigeria, such foreignengineering practitioners granted work permit register with the Counciland obtain such licences including practicing licences as may be requiredfrom time to time;


6.7. Enforcing professional discipline.

COREN can now investigate Engineering failures;

The Amendment gave the composition of the Investigating Panel of the Council toconsist of the Chairman , who shall be a Council member, two (2) other Councilmembers and four (4) other non-Council members who shall be knowledgeable in thematter under investigation.

The amendment expands the nature of offences to include any person whocontravenes the provisions of any regulations made under this Act , is guilty of anoffence and liable on conviction to the penalties on regulation.

In addition;◦ Subject to the provision of Section 174 of the Constitution of the Federal Republic

of Nigeria, the Council shall be charged with the responsibility for:◦ prosecuting offenders under this Act; and◦ conducting such proceedings as may be necessary for the enforcement and due

administration of this Act.

Proceedings under the Amendment may be undertaken by the Council or by a personauthorized by it in that behalf in the Federal High Court.

Offences under the proposed Bill may be tried by the Federal High Court.



6.7. Enforcing professional discipline cont’d.

COREN can now investigate Engineering failures;

Where a provision is made in the Amendment for a criminal sanction to beimposed in case of an act, omission or default without reference therein tothe default being an offence, or without reference to conviction thereof in acourt, as the case may be, the reference to the act, omission or default shallbe construed as referable to an offence, and the expression “offences” asused in this section shall have effect in relation to any act, omission ordefault.

The Council may apply to the court for direction in respect of any matterconcerning its duties, powers and functions under this Act and on suchapplication, the court may give a direction and make such further order ororders as it deems fit in the circumstance.

The Council may conduct inquiries with respect to the compliance with theprovisions of the proposed Bill by any authorized person or body.

6.8. Establishing an Engineering Regulation

Monitoring Dept within the Registry

The Council established Engineering Regulation Monitoring, ERM in 1997 withthe following objectives:

•Monitor and enforce compliance with the COREN Act.

•Ensure that Engineering is practised to the desired standards as contained inthe codes of practice.

•Enforce Ethics of the profession.

•Foster speedy acquisition of relevant skills by Nigerians.

•Minimize and eventually eliminate the over dependence of Nigeria on othercountries technologically.

•Minimize the enormous foreign exchange leakage from Nigeria.


6.9. Strengthening the definition and concept of the practice of engineering.

The Amendment replaces “engineers” with “engineering practitioners”.

The Amendment enhances the definition of practice of Engineering to include:any act of planning, professional service or creative work requiring theapplication of special knowledge of mathematics, physics, chemistry, biologyand engineering principles in form of consultation, invention, discovery,valuation, re search and teaching in recognized engineering institutions,planning, operation, maintenance supervision of construction and installationinvolving investigating, advising, operating, evaluating, measuring, planning,designing, specifying, laying and directing, constructing, commissioning,inspecting or testing in connection with any public or private utilities,structures, buildings machines, equipment, processing, works or projectssafeguarding the public interest in all sectors of the economy for the benefit ofmankind;

By the provisions of the Amendment it is mandatory that the Directorate ofthe National Youth Service Corps shall ensure posting of graduate engineersand technologists to places of relevant professional engineering experience.


The Amendment has given succinct definition to Professional misconduct.

8.0. Conclusion and Recommendations

COREN was established in 1970, with the mandate to regulate engineering practicein all its aspects and ramifications. The organization since inception has only beenable to register practitioners and been involved in monitoring of all engineeringactivities across the country.

COREN has not been able to enforce its regulations including codes and ethics.

COREN lacks independence and autonomy which crippled its capacity to functionadequately and fulfill its objectives.

Studies have revealed that the inability of COREN to stem the tide of buildingcollapses and failure of engineering infrastructures including the attendant loss oflives and property which has been due to its weak law. There has therefore beenserious demand for the amendment of the law establishing the Council.

With the coming of new administration in COREN in 2013, process was initiated forthe amendment of the Act.

The bill for the amendment of the COREN Act, CAP E11 2004 was thereforeprocessed through the National Assembly and assented to by the President on the14th March , 2019.


8.0. Conclusion and Recommendations Cont’d.

The amendment has giving constitutional power to the Council toabsolutely regulate engineering practice in Nigeria and also broadens itspowers with far reaching powers of prosecution of infraction, regulatingindustrial training of practitioners, capacity building of local content, theengineering industry among others.

The new law grants COREN power to prosecute any person or firmfound to have contravene the provisions of the Act in a court ofcompetent jurisdiction. Other prospects of the new Act include that allforeign engineering firms must establish their design offices in Nigeria,as well granting compulsory attestation to all expatriate quota forengineering practitioners.

Furthermore, the Acts prohibits any practitioner or firm from practicewithout a current Practicing License of COREN.



Finally, the new Acts grants COREN power to investigate engineeringfailures for which funds will be adequately appropriated. Directlyconnected to this is the fact that COREN will earn more funds to be usedfor execution of the new mandates as well recruiting more staff for thenew department of Engineering Regulation created by the Act and asdesirable.

In view of the expectation from stakeholders for an improvedengineering regulation and possible engagement of indigenousengineering practitioners in the country’s quest for development, thefollowing policies recommendations and implementation strategies arehereby submitted for the consideration:



Recommendation 1:

Council should create awareness for the expected gains of the new Actsamongst stakeholder:

Implementation Strategies:

a. Complete work on the enrolment and gazetting of the Bill by NationalAssembly;

b. Printing and Circulation of the Act as gazetted;

c. Stakeholders workshop on the Act;

d. Possible inauguration at the next Engineering Assembly during thefamily forum.

e. The representations from the newly co-opted stakeholders should beinvited and brought on board.

f. COREN should show visibility for Engineering project monitoring in allStates of the federation.



Recommendation 2:

Council should create synergy with MDAs and bodies expected to support the newlaw.


a. Courtesy calls to Minister of Works, Finance, Transport, etc in appreciation oftheir contribution to the passage of the amended law;

b. Courtesy call on the Director General of Bureau for Public Procurement;

c. Minister of Finance to provide direction to MDAs on the need to deduct theEngineering Development Tax on engineering projects.

d. The HOS to approve recruitment of Staff for the new department created forCOREN by the new law.

e. COREN should create a framework for cooperation / partnership between theEngineering family and other professionals in the built industry.



Recommendation 3:

Council should inaugurate Regulations to kick-start all processes for theexecution of the mandates of the new law.


a. Regulations on registration and licensing of all categories ofpractitioners;

b. Regulations for the adoption of the ECOPACCE as the template forpayment;

c. Regulation on the Codes of Conduct for all practitioners for theenforcement and due administration of the Act;

d. Regulation on the Accreditation of all training Institutions establishedfor the production of all categories of practitioners;



Recommendation 4:

Council should develop new conditions of service that will attract and retain highlevel professionals in various departments including the new Engineering Regulationdepartment.


a. Recruitment of high level professionals for all departments of the Registry andfor the development of Engineering Codes and Standards;

b. Inauguration of the Accreditation Board as an important requirement of thefull signatory status of the Washington Accord;

c. Attract and retain qualified Engineering practitioners to the Registry;

d. Training and Retraining of Registry staff on the key aspects of the mandates;

e. Develop protocols for the engagement of law firms for prosecution ofoffenders and the administration of the Act;



Recommendation 5:

COREN should accelerate efforts towards developing a Nigerian Codes ofPractice.


a. Council should constitute a Steering Committee for establishment andadoption of protocols for the development of Nigerian Codes ofPractice;

b. Council should appoint an International Standard Organisationrecognised Consultant to guide the preparation of the Nigerian Codesof Practice ;

c. Council to approve the establishment of review institutions / facultiesfor all Codes of Practice proposed for the Country.


8.0. Conclusion and Recommendations Cont’d.Recommendation 6:

COREN should intensify efforts at instilling discipline in the practice of theengineering profession in Nigeria.


a. Council should constitute the investigating panel as require by the Act.

b. Council should take immediate action by investigating any focus failureto make a point ;

c. Council should introduce intelligence gathering mechanism forinformation on failure of engineering infrastructures across theCountry, for which investigating panel must take necessary action;

d. Council as a matter of urgency must test the efficacy of the Act at theFederal High Court or Engineering Practitioners Tribunal.



Thank you for your

Attention.

28TH COREN ENGINEERING ASSEMBLY

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