The Certified Institute of Auctioneers of Nigeria (CIAN) and other stakeholders yesterday opposed the bill seeking to establish the Auctioneers Registration Council of Nigeria.
The institute during a public hearing on the bill observed that the proposed council is not registered with Corporate Affairs Commission (CAC) as stipulated by relevant and extant laws.
The stakeholders also observed that there is an existing legislation passed by the House and Senate in the 8th Assembly which was not assented to by Mr. President and currently passed by the 9th Assembly awaiting the concurrence of the Senate.
As stipulated in the memorandum titled: ‘Notice of objection to Auctioneers Registration Council of Nigeria’, submitted by CIAN through its Registrar/CEO, Mr. Adeleke Hassan, the Institute argued that the proposed legislation is inimical to auctioneering development, lead to duplication of regulatory agencies in the country and put financial strain on Federal Government.
“We, members of the Certified Institute of Auctioneers were never consulted as a major Stakeholder in the industry for our opinion.
“Therefore, passing the Auctioneers Registration Council of Nigeria HB 1489 bill will be inimical to the growth of Auction industry and profession in Nigeria. It will bring problem to every Auctioneer in Nigeria.
“It will lead to duplication of regulatory bodies in Nigeria which will bring conflict in the industry rather than harmony.”
establishment of auctioneers’ commission in each state of the federation to enforce law and regulate Auctioneers. It will also require Federal Government budgetary allocation on yearly basis for capital and recurrent expenditures which will be costly to the government at the federal level.
“Presently, the Lagos state Auctioneer’s licence law 2015 charges N50,000 to obtain licence, and that means if the Auctioneers Registration Council of Nigeria is allowed it will also charge similar or a higher amount for licensing which will be duplication of licensing costs to Auctioneers. There is no where in the world where licensing of Auctioneers is done at federal and state levels concurrently.
“Presently, each state in Nigeria has authority to regulate auction sales, Auctioneers and the business of an auctioneer within its borders. Each state and Zone in Nigeria have auctioneer’s laws that regulate the profession such as Lagos state Auctioneers law 2015, Oyo state Auctioneers law, Rivers State Auctioneers law, Northern Nigeria Auctioneers law, Kaduna State mortgages and foreclosures law 2017.
“In the time past, when we had regional governments in Nigeria, there were Western Region Auctions law, Eastern Region Auctions law and Northern Nigeria Region Auctions law. When Nigeria was divided into states, the auctions law at the regional level was domesticated at the state level for easy administration.
“Therefore, the Auction laws in each State establish minimum standards for auctioneers for the protection of public from unprofessional conduct of auctioneers. One of the cornerstone legal principles under the constitution of the Federal Republic of Nigeria is the concept of ‘Federalism.’
Federalism relates to the division of power between the federal government and the state government.
“The constitution identifies areas of authority for the federal and provides that the states control the rest like auctioneering. Each state and zone already have auctioneer’s law to take care of Auctioneers’ activities in Nigeria. At the Federal Capital Territory, the Abuja municipal Council was vested with powers to issue auctioneers license.
“In the United States of America the issues of Regulation, control and licensing of auctioneers are carried out by each state, city and town.
“The federal government only legislates auction in sales of alcohol, sales of firearms and endangered species. There is nothing like Federal Auctioneers license in the United States of America or United Kingdom.
“As a matter of fact, Ghana and Kenya Auctioneers Boards cited in Auctioneers Registration Council lead debate during the second reading of Auctioneers Registration Council are bad examples. Ghana Constitution is Unitary while Nigeria is Federal like the United States of America.
“Therefore, the Auctioneers Registration Council HB1489 bill in its entirety should be discarded.
“Another critical observation is that the bill seems to be exclusively for the public sector without due consideration for the private sector operators. Otherwise, why should bill specify requirement as to certificate of BPP, Pencom, ITF, NSITF etc. It is failed exercise without the general interest of the practitioners.
“Another problem with this HB1489 Auctioneers registration council bill is the non-existence of Nigerian Institute of Professional Auctioneers. The body is not known in the Corporate Affairs Commission as at 6th December 2022. It is a non-existing body.
“What is known in Nigeria as Professional training body for Auctioneers is Certified Institute of Auctioneers Nigeria. The bill of the Chartered Institute of Auctioneers of Nigeria was passed by both chambers in 2019 and awaiting Presidential assent. It was again sponsored by Hon. Sylvester Ogbaga and passed third reading in this chamber on the 8th February, 2022.
“We hereby appeal to you to kindly disregard consideration of this Auctioneers Registration Council HB1489 bill and allow all the stakeholders in the auction industry come together and form a formidable team that will guarantee peace and promote professionalism in the interest of our great nation.
“Auctioneering is a huge industry with potential to contribute to our national growth and employment generation if properly and professionally regulated. The United States of America, United Kingdom, Europe, Australia and South Africa Auctioneers and Auction Industry are good examples.
“There is no federal government regulatory agency for professional Auctioneers in any of the advanced Countries listed above. What they have are self-regulatory Professional auction Institutes and Associations. Each State in America is allowed to regulate the practice of Auction and Auction Industry within their borders. This is our position.
“The Certified Institute of Auctioneers Nigeria is readily available to cooperate and work together with our sister association, Nigeria Association of Auctioneers, in achieving this goal,” CIAN Registrar said.
In the same vein, representative of Nigeria Association of Auctioneers, Prince Adeshina Okuneye who kicked against the proposed bill seeking to establish Auctioneers Registration Council of Nigeria for the purpose of regulating and monitoring the business and practice of Auctioneers and Auctioneering in Nigeria and for related matters.
He said: “We write on behalf of the Nigerian Association of Auctioneers. Our main objective is to oppose the proposed bill to regulate Auction practice in Nigeria as the proponents of the bill never consulted the spectrum of the over 5,000 members widely nor were the council members informed. The proponents of the Bill are on their own.
“The Bill is inimical to the progress of Auctioneering in Nigeria because it will lead to double taxation of Auctioneers.
“Already there are state auction laws across Nigeria and those laws regulate the conduct and practice of Auctioneering in Nigeria. Passing another law will lead to confusion and jurisdictional conflicts in the industry.
“Furthermore, there is in existence a Chartered Institute of Auctioneers Bill presently before the National Assembly which the Association is fully aware of.
“To the best of our knowledge, there is nothing like the Nigerian professional institute of Auctioneers.
“In the above premise, we hereby object to further hearing and implore that this bill should be discarded as it is not designed to Serve the interest of Nigerians,” Prince Okuneye said in the memorandum submitted to the Committee.
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