OPEN LETTER TO THE DISTINGUISHED AND HONOURABLE COUNCIL OF THE NIGERIAN SOCIETY OF ENGINEERS (NSE) OF NIGERIA!

By Engr. Kabiru el-Hussain Rumah,

Accept my heartfelt congratulations, as we celebrate the Engineer’s Day, today Monday 26th September, 2022!

While celebrating this day, with my fellow Engineers, permit me to humbly suggest some of the ways of reversing the ugly trends of some Electrical Engineers, in Nigeria registering a parallel electrical engineering association, with a Corporate Affairs Commission (CAC), at one hand and engaging, at another hand, in a legislative advocacy and actions, for a legislative charter, for the Electrical Engineers in Nigeria, called Nigerian *Institute* of Electrical and Electronic Engineers (NIEEE), instead of the Nigerian *Institution* of Electrical and Electronic Engineers (NIEEE), that is a bonafide division of the NSE and as follows:

1. Let the NSE Council still engage with such promoters of the new association and strongly appeal to their professional conscience, on the professional dangers of what they have done or are trying to do, and where possible negotiate with them, on their personal grievances or reservations (if any), leading to their actions and inactions – negotiations is all about the parties to a conflict shifting their grounds and furthermore like CAC did it, it can statutorily undo it, so long a mutually beneficial agreements are reached with the Promoters!

2. The NSE Council, in conjunction with the COREN, can also advocate for the amendment of the COREN Act of 2020, with view to LEGALLY bring all the Engineering Divisions of the NSE under the professional purview and auspices of the NSE – by this provisions, no one or group of people can proliferate any engineering division anywhere, without the official consent and or approval of the NSE Council – *note that, what we call our laws are actually what our lawmakers make of them and fortunately or unfortunately, there are no legislative limits, to what our lawmakers can make of them, as our laws* the legislative actions of the NIEEE-Institute, is the legislative actions NSE supposed to have done for long!

3. The NSE Council can equally advocate and sponsor a Legislative Bill, at the National Assembly of Nigeria, that can give NSE Council, the powers, roles and responsibilities, for the leadership and management of the engineering associations in Nigeria, as well as for engineering divisions, in Nigeria, so that, the actions and inactions of the NSE will be fully backed, by the Act of the National Assembly of Nigeria and not simply the Memorandum and Article of Association of the NSE, as well as its Bye-Laws – in doing this politico-legislative advocacy, I advise NSE should be careful not to bring its legislative yearnings and aspirations, into conflict with the statutory powers, roles and responsibilities of the COREN – the two should not conflict under all circumstances – *again: note that, what we call our laws, are what our lawmakers actually make of them and fortunately or unfortunately, there are no legislative limits, to what our lawmakers can make of them, as our laws* – the legislative actions of the NIEEE-Institute is the legislative actions NSE supposed to have done for long!

4. In the recent NSE Press Release, on the above subject matter, NSE said it created and approved NIEEE-Institution and not NIEEE-Institute, for Electrical Engineers, in Nigeria, which is a professional pointer to the fact that, all the Divisions of NSE were only registered with the NSE and not with Corporate Affairs Commission (CAC) of Nigeria, a lacuna, which the Promoters of the NIEEE-Institute took to their advantage and register the NIEEE-Institute with CAC – in this regards, I advise NSE to as a matter of utmost urgency, register or ask all its Divisions to register with CAC, with view to block this legal lacuna!

As its now, the corporate actions of the Promoters of the Nigerian Institute of Electrical and Electronic Engineers NIEEE), at both Corporate Affairs Commission (CAC), at one hand and at the National Assembly, at another hand, may be MORALLY wrong, but are nevertheless, not LEGALLY wrong, since neither COREN Act and CAC Act nor National Assembly Rules of Procedures prohibit and or forbid their actions and furthermore there is no way Memorandum and Article of Association of the NSE, can legally override the above two statutory provisions and most importantly they don’t require neither the approval of the NSE Council nor any other Council, to do what they did – it’s a lacunae in law, which NSE long supposed to take to its professional advantages, by making sure that, it legally bound all its Sub-Divisions to it, but NSE did not and now fortunately or unfortunately, the Promoters of the NIEEE-Institute are trying to legally pull themselves out of NSE and its NIEEE Division!

It’s high time for NSE to take a politico-legislative actions, on this ugly professional trends, with view to fully and legally define its professional relationships, with all the engineering divisions in Nigeria, under its professional purview and auspices – simply relying on the provisions of the NSE Memorandum and Article of Association, is simply not enough, because such provisions are simply legally pursuasive and not certainly binding legally, on what people can do and not do, with regards to this ugly trends and outside NSE – if Electrical Engineers start this and succeed, who knows what Divisions would be next?

Most importantly, NSE Council should know that, the powers of any Council lie on the statutory provisions backing the Council and certainly not the calibre of people in the Council and their individual and collective networks – the Council may be full with Distinguished and Honourable Fellows of NSE, but, an ordinary Associate Member of NSE can play with their intelligence, simply because, he has Legal Intelligence (LI), as measured by Legal Qoutient (LQ) – i.e taking the provisions of the law to your personal advantages and merits rather than to your personal disadvantages and demerits – and no amount of the Council’s decisions can reverse those legal innuendos once done – may be the Councils’s politico-legislative actions – *again; note also that, what we call our laws, are what our lawmakers make of them and fortunately or unfortunately, there are no legislative limits to what our lawmakers can make of them, as our laws!*

Once again, Happy Engineer’s Day!

Engr. Kabiru el-Hussain Rumah, MNSE, MNIMechE, MNIM, MISPON
Jakadan Rumah

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