Scope:   Baseline Assessment of CSOs Regulatory Environment in Nigeria

Location: Nigeria
Application Close: 22 March 2023Global Rights is a foremost human rights and governance capacity-building non-governmental organization (NGO). The organization works at the intersection of the protection, promotion and fulfilment of human rights through good governance. We provide technical assistance and training to enable local partners document and expose human rights abuses, conduct community outreach and mobilization, advocate for legal and policy reform, and provide legal and paralegal services.

Background:
Civil Society Organizations in Nigeria are inundated with multiple regulatory requirements, some of which are very repressive and tend to stifle their operational environment. Despite the multiplicities of laws and regulations governing CSOs operations in Nigeria, there still continues to exist a misguided narrative, especially among regulatory agencies that CSOs are not adequately regulated. Consequently, several legislations have recently been proposed to further restrict their activities and subject them to the control of government agencies. A critical example is the Part F of the revised Companies and Allied Matters Act which was passed into law in 2020 (CAMA 2020), which seeks to further constrict Nigeria’s civic space through overstretched government control of registered nonprofit organizations.
Global Rights seeks to advance its work on strengthening Nigeria’s civic space by curating platforms for multi-stakeholder engagements for an improved and effective civil society regulatory environment through capacity building and strategic partnerships at the subnational level.
With this context, Global Rights wish to commission a consultant to conduct a baseline assessment on CSO regulatory compliance in 7 project states (Anambra, Akwa-Ibom, Cross River, Ebonyi, Ogun, Osun and Oyo)

Objectives:

1. To determine the percentage of NPOs with the Corporate Affairs Commission (CAC) registrations in the 7 project states.
2. To identify reasons for non-registration with CAC among NPOs in the 7 selected project states.
3. To determine the level of regulatory compliance among NPOs with CAC registration. .
4. To identify the existing state regulatory frameworks for NPOs  and determine if it is cumbersome.

Scope of Work:
The consultancy will involve the following tasks:

• Desk Review: The consultant will undertake a desk review of relevant literature on CSO regulatory compliance in Nigeria. This will include relevant policies, laws, and regulations on CSO registration and compliance with regulatory agencies.
• Questionnaire Development: The consultant will develop two sets of questions in a single electronic and paper format questionnaire; one for NPOs without CAC registration and the other for NPOs with CAC registration. The questionnaires will be designed to elicit information on NPO registration status, compliance with regulatory agencies, compliance obligations with state registration, and knowledge about regulatory reforms.
• Data Collection: The consultant will work with Global Rights Volunteers in the project states to conduct the survey using the questionnaires developed (see the samples below). The consultant will also conduct key informant interviews with relevant stakeholders such as CAC officials, regulatory agencies, and CSO networks. The consultant will ensure that informed consent is obtained from all participants, and confidentiality is assured.
• Data Analysis: Analyse the data collected and provide an assessment report.
• Reporting: The consultant will submit a publishable baseline assessment report, including an executive summary highlighting the key findings and recommendations. The consultant will also submit data sets containing both quantitative and qualitative data collected from the survey and key informant interviews.

Deliverables:
The consultancy will deliver the following outputs:

• Baseline assessment report highlighting the level of CSO regulatory compliance in the 7 project states.
• An executive summary highlighting the key findings and recommendations
• Data sets containing both quantitative and qualitative data collected from the survey and key informant interviews.
• PowerPoint Presentation slides that summarize key findings .

All intellectual property rights arising from the consultancy will be the property of Global Rights. The research team will not disclose or use any confidential information obtained during the consultancy for any other purpose without the written consent of Global Rights.
Confidentiality and Ethical Considerations:
The research team will ensure that all data collected during the consultancy is treated with the utmost confidentiality and in accordance with ethical principles. In particular, the team will obtain informed consent from all participants before collecting any data and will ensure that data is stored securely and only accessible to authorized personnel. The team will also comply with any relevant legal and ethical standards and will report any ethical concerns or violations to Global Rights immediately.Expected Qualifications: Team Lead

• At least a master’s degree in a relevant field such as social sciences, development studies, or law.
• A minimum of 5 years of experience in conducting baseline assessments, surveys, and key informant interviews.
• Strong data analysis skills, including experience with statistical analysis software.
• Experience in presenting findings and recommendations to stakeholders.
• Strong writing skills and experience in writing reports and other technical documents.
• Knowledge of the legal and regulatory framework for NPOs in Nigeria.
• Familiarity with the socio-political context of Nigeria.
• Demonstrated ability to work effectively with multiple stakeholders, including government officials, CSOs, and donor agencies.
• Fluency in English.

Timeline: The consultancy will be conducted over a period of 4 weeks.

Reporting: The consultant will report to the Executive Director and Program Manager.

Proposal Submission:
Interested qualified consultants are invited to submit a proposal that includes the following:

• An understanding of the requirements
• Methodology and work plan for performing the assignment
• Project delivery plans
• Budget
• Relevant services undertaken in the past with detailed reference list indicating the scope of similar assignments
• Registration and other relevant statutory documents
• 2 writing/report sample

Sample Question Areas to Focus:
For CSOs not registered with CAC:

1. The reason for not registering with CAC
2. What other form of government registration do they have, if any
3. Are they willing to do CAC registration if provided with relevant guidance?
4. What challenges do they encounter with the state registration process?
5. What are the compliance obligations for state registration?
6. Determine their knowledge of and usage of the CRP IWP

For CSOs registered with CAC:

1. Determine the type of registration they have with CAC (e.g. incorporated trustees, company limited by guarantee, etc)?
2. Date  of registration?
3. Determine their level of awareness of CAC’s annual reforms and updates?
4. Determine if their registered address with CAC is up to date and whether they know how to update registered address with CAC when it changes?
5. Determine if there have been changes to the Certified True Copy of their constitution with the CAC and whether they know how to update the CTC of your constitution with CAC?
6. Determine their knowledge of and level of compliance with FIRS, tax, and other financial regulations, such as annual returns, WHT, TCC, FIRS/SIRS PAYE, etc.?
7. Determine their knowledge and level of compliance with SCUML regulations?
8. Determine their knowledge of and level of compliance with PENCOM regulations?
9. Determine their knowledge of and level of compliance with staff life assurance regulations?
10. Determine their knowledge of and level of compliance with NSITF regulations?
11. Determine their knowledge of and level of compliance with ITF, NHR, FRC, health insurance, and other relevant regulations?
12. Determine their knowledge of and usage of the CRP IWP

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