Being a text of address delivered at Nigerian Society of Engineers, NSE Warri Public Lecture held November 4th 2022. PART ONE
1.0 PROTOCOLS
2.0 INTRODUCTION
Sec. 22 of the Engineers Registration etc Act Cap E11 Laws of the Federal Republic of Nigeria 2004 defines ‘Practice of Engineering’ as including any professional service or creative work requiring the application of special knowledge of mathematics, physics, and engineering in form of consultation,invention, discovery, valuation, research and teaching in recognized engineering institutions, planning, operation, maintenance, supervision of construction and installation involving 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, processes, works or projects.’
3.0 WHY REGULATE PRACTICE OF ENGINEERING
The above definition aids understanding of the obligation of the professional Engineer to public health, safety, and welfare. It must be borne in mind that when the public uses facilities, processes, and systems designed and developed by professional Engineers, it places its trust in professional Engineers. Thus for the protection of the public health, safety, and welfare, countries regulate the practice of engineering. This measure produces the effect of ensuring that the work of the professional Engineers remains worthy of the public trust.
4.0 THE PROFESSIONAL ENGINEER
When we talk of a ‘professional Engineer’ we are referring to a person engaged in the professional practice of rendering service or creative work requiring education, training and experience in the sciences of a branch of engineering, and the application of special knowledge of the mathematical, physical, biological, management, social sciences, and sciences of the branch of engineering in such professional or creative work or consultation, investigation, evaluation, estimation, analysis, planning or design of public or private utilities, structures, machines, processes, circuits, buildings, equipment or projects, and supervision of construction for the purpose of securing compliance with specifications and design for any such work.
5.0 REGULATED & NON-REGULATED PROFESSIONS
In most countries, some professions are regulated in order to protect the public. The professions so affected are those that directly affect a large number of citizens. Examples of such professions are those in education, law, finance, healthcare, engineering, architecture, surveying, etc.
When a profession is regulated, one seeking to enter, and belong to and practice such profession would have to obtain a license or certificate from the body that statutorily governs that field. For non-regulated professions one would not require a license or certification to enter, belong to, and practice such profession. Such professions have voluntary certifications that help increase knowledge, improve skills and enhance career prospects. Requirements for employment into non-regulated profession or occupation might include demonstration of a certain level of skills and competencies, completion of a certain number of years of education etc, which are not regulated by statute. In North America, only about 20% of jobs are regulated and the relevant professionals are expected to meet the prescribed standards of education, practice and competence. These standards are determined by the appropriate statutory regulatory authority.
In the case of non-regulated professions, recognition of qualification is at the discretion of employers, often relying on professional associations.
6.0 STATE REGULATION VS SELF-REGULATION
The principles of professional regulation are such that a profession must have a governing body which sets standards of education as a condition of entry and achievement of professional status. The body also sets ethical standards and professional rules which are to be observed by its registrants. The standards and rules are designed primarily for the benefit of the public. Professionals in breach of such rules are subject to disciplinary action, and a breach may ultimately result in the loss of professional status.
There are two types of regulation, appropriately with two kinds of governing bodies. These are state regulation and self-regulation.
6.1 STATE REGULATION
In keeping with government’s responsibility for public safety and welfare related to the practice of certain professions, it may pursue regulation of any such profession through the establishment of an agency or parastatal with the appropriate regulatory mandate. This approach of direct regulation of a profession by a government through its agency or parastatal is known as state regulation.
In Nigeria, engineering and the professions under the Ministry of Power, Works & Housing are state
regulated. State regulation is usually in vogue when the profession in the country is at its infancy, and would need to be nurtured and protected from vagaries of circumstances and fortunes.
6.2 SELF REGULATION
Professional self-regulation is a regulatory model which enables government to indirectly exercise a level of control over the practice of a profession and the services provided by its members. Self-regulation is based on a concept of a professional group formally entering into an agreement with a government to regulate the activities of its members.
In the UK, the agreement traditionally takes the form of the government granting or recognizing selfregulatory status through the award of a Royal Charter. In Nigeria, the government through the parliament, simply, grants a charter to a desiring and deserving professional body. Some of the bodies granted charter to self regulate are:
- Ÿ Institute of Charted Accountants of Nigeria
- Ÿ Nigerian Institute of Management (Chartered)
- Ÿ Chartered Institute of Bankers of Nigeria
- Ÿ Charted Institute of Taxation of Nigeria
- Ÿ Chartered Institute of Marketing of Nigeria
- Ÿ Chartered Institute of Stockbrokers of Nigeria
- Ÿ Chartered Institute of Personnel Management of Nigeria
- Ÿ Chartered Insurance Institute of Nigeria
Self-regulation recognizes the maturity of a profession, and respects and honours the special skills, knowledge and experience that a profession possesses. When a profession is chartered or self-regulating, it means that the government has delegated its regulatory functions to those who have the specialized knowledge necessary to get the job done.
7.0 MODELS OF REGULATION IN AFRICA
We shall review the regulatory models in force in Egypt, Rwanda, South Africa, Ghana and Nigeria.
7.1 EGYPT
The Engineers Syndicate of Egypt is a legal entity organizing members of the same profession, with the objective of giving them the right to manage their own affairs and pursue their common interests. Objectives of the Syndicate include developing, implementing and overseeing the application of adequate foundations for regulating the practice of the profession, and ensuring that members fulfill their duties in serving the country. It also has the mandate to regulate oversight in engineering firms and consultancies.
There are over 700,000 members of the Syndicate. It will be recalled that in 2017 when the ESE proposed to NSE a joint co-operation protocol, one of the objectives was “(7) Raising the status of the engineering profession and regulating the rules of its practice and the advancement of its scientific level to meet requirements of the development and progress of Africa.” It is thus very clear that Egypt practices self-regulation by the Engineering professions there.
7.2 RWANDA
The official gazette No.37 of 10 September 2012 establishes the Institute of Engineers Rwanda with the overall mission of ensuring that clients of their members rightfully maintain trust towards the engineering profession. For this purpose, the Institute is to set codes of ethics governing the profession and ensuring compliance therewith. It also ought to supervise the self-respect, secrecy and integrity of its members in the practice of their profession.
The law saddles the Institute with the responsibilities to control access to the practice of the profession, set admission requirements to practice and decide on applications for admission or temporary practicing permits; to monitor the practice and professional conduct of its members; to make sure that only its members carry out acts reserved for authorized persons; to monitor the practice of its members and exercise disciplinary action over the members; to resolve conflicts and contribute to the settlement of disputes that may arise between a member and his/her client; to promote the practice of the architecture or engineering profession etc.
It is clear thus that statutorily Rwanda operates self-regulation of the practice of engineering, having empowered the Institute of Engineers Rwanda to so do on behalf of government.
7.3 GHANA
Ghana adopted the state-regulation of the practice of engineering when it established the Engineering Council of Ghana (ECGh) through an Act of Parliament in 2011. In a presentation by Ing. Augustine Kuuire, the pioneer Chairman of the Governing Board of ECGh, titled “Highlights on Engineering Council Act (Ghana) Accreditation of Engineering Practitioners and Their Mobility in West Africa”, the vision, mission, objects and functions of the Council were explained.
Securing the highest professional standards in the practice of Engineering is the stated object of the Council. To achieve this object, the Council is to license engineering bodies to certify individuals and corporate bodies for registration. The ECGh shall also regulate the practice of engineering, determine and prescribe requirements for registration, monitor, evaluate and take corrective actions on performance of engineering practitioners, firms and units. On accreditation of engineering educational programmes, the Council shall collaborate with National Accreditation Board and other bodies to certify such relevant programmes. It shall also prescribe, uphold and enforce professional standards, conduct and ethics of engineering practitioners. All in all, the Council which is a government agency shall register engineering licensed bodies, engineering educational units, engineering practitioners and engineering firms.
7.4 ZAMBIA
The Engineering Institution of Zambia was established vide Chapter 432 of the Laws of Zambia. The functions of the Institution include as outlined in Sec. 4, promoting the general advancement of the science and advancement of engineering and allied disciplines. This function among others gives the
Institution the learned society and professional association character.
Other functions like “to maintain and improve the standards of conduct and learning of engineering and allied professions in Zambia [Sec 4(b)], and “to raise the character and status of the profession of engineering and allied disciplines, to promote honourable and good practice and increase the confidence of the community in those persons practising in the engineering profession and allied discipline [Sec 4(e)]define the regulatory character of the Institution. Sec. 27 of the law establishes the Engineers’ Registration Board which under the Institution registers and issues practising certificates to deserving Engineers, and Engineering firms. Thus in Zambia, the practice of Engineering is self regulated.
7.5 TUNISA
The Tunisian Order of Engineers is an independent professional organisation whose main duty is the gathering of all the practising Engineers in Tunisia. The functions of the Order include, “organizing the engineering sector in Tunisia and protecting it from outsiders; monitoring the training quality and promoting it; maintaining the Engineer’s integrity while practising his/her work. Here, self-regulation of the practice of Engineering is the model used.
8.0 AN ASSESSMENT OF ENGINEERING REGULATION IN NIGERIA
Nigeria adopted state-regulation of practice of engineering since 1970 when the Engineers’ Registration etc Decree was promulgated. The main thrust of the law now known as Engineers (Registration, Etc) Act Cap E11 2004 is to establish the Council for the Regulation of Engineering in Nigeria which body corporate regulate and control the practice of the engineering profession in all its aspects and ramifications. COREN also has the duty of determining what standards of knowledge and skill are to be attained by persons seeking to become registered as Engineers and raising those standards from time to time.
8.1 COMPOSITION OF COUNCIL
In other words, the Council consists of 30 persons viz 3 No. technologist/technician/craftsman, and 27 Engineers. Sixteen of these Engineers statutorily are nominated from the public sector (states of the Federation) + Universities + Polytechnics + Technical College + Minister). Only 9 No. are nominated from the “private sector”, i.e. Nigerian Society of Engineers, ACEN, FOCI, MAN.
8.2 COUNCILLORS REPRESENTING NON-PROFESSIONAL ENGINEERING INSTITUTIONS
Instead of Councilors representing Engineering disciplines through established professional engineering institutions, they represent faculties of Engineering in Universities, polytechnics, technical colleges, states of the Federation, Minister of Works, Consulting Engineering, Construction Industry, Manufacturing, and Nigerian Society of Engineers. This could lead to a situation where all those representatives from NSE could come from the discipline and/or from the public service.
8.3 CONTROL OF COUNCIL BY MINISTER
Being a parastatal of government, Sec. 3 of the Act places the Council under the control of the Minister, making it mandatory for the Council to comply with the directions of the Hon. Minister of Works. This means Engineering is regulated from outside by outsiders unlike Accountancy, Management, taxation practice, banking, stockbroking, secretaryship & administration, personnel management, marketing etc.
8.4 NIGERIAN CONTENT IN ENGINEERING FIRMS IN NIGERIA
Pursuant to the Act E11, COREN made regulations government gazette S.I. No.7 of 2018 for licensing of engineering firms in the categories of
- Ÿ Consulting engineering
- Ÿ Engineering contracting
- Ÿ Manufacturing
- Ÿ Fabrication, repair & maintenance
- Ÿ Engineering service provision (e.g. inspection, testing, certification, technical auditing, laboratory, services R&D, logistics etc)
- Ÿ Vendoring of machinery & equipment, and engineering materials.
Regulations have also been made for
- Ÿ Engineering Economy Govt Gazette S.I. No.32 of 2018
- Ÿ Cost Engineering Govt Gazette S.I. No.33 of 2018
- Ÿ Engineering Appraisal/Valuation Govt Gazette S.I. No.31 of 2018
- Ÿ Construction Industry Govt Gazette S.I. No.8 of 2018
Further to the regulation for the licensing of firms, steps should be taken to safe-guard and guarantee the position and participation of Nigerian registered Engineers. Something similar to Sec.33 of the Ghana Engineering Act 2011 has to be introduced to the Nigeria Engineers Act:
“(1) Subject to this Act, a person shall not operate an engineering firm, unless there is a registered engineering practitioner in partnership, joint venture, or other permanent association with that person.
8.5 COREN TO REFOCUS ON ENGINEERING FIRM RATHER THAN JUST ON ENGINEERS
Since 1970 COREN law had focused strictly on the individual Engineer in general and the Engineer in PUBLIC SERVICE in particular. It has paid scant attention to the engineering firm, the vehicle that is to be used for practice of engineering. Regulation of the latter is the primary duty of COREN. If we bear in mind that Engineers in public service manage engineering, Engineers in tertiary educational institutions teach engineering science, while Engineers in the private sector practice engineering, then COREN should pay even more attention to the engineering firm than to the individual Engineer. A good start has been made with the licensing of firms regulations gazette in 2018.
9.0 2019 AMENDMENT OF ENGINEERS REGISTRATION ACT
In March 2019, President Muhammadu Buhari GCFR assented to the Bill for the Amendment of the Engineers’ Registration Act. As explained by the SSA to the President on National Assembly Matters, the amendment broadens the powers of COREN with far-reaching powers of prosecution of infractions, regulating industrial training of Engineers, capacity building of local content in Nigeria engineering industry etc.
The SSA further explained that the amendment empowers COREN to regulate turnkey projects on the matter of granting expatriate quota in situations where there are no qualified and competent Nigerians for the jobs. Thus before being allowed to practice in Nigeria, such foreign engineering practitioners will have to be granted work permit on the basis of registration with the Council, and obtaining of relevant licenses.
Membership of the Council has been expanded to include one person each appointed to represent
- – Association of Consulting Engineering in Nigeria
- – Federation of Construction Industry in Nigeria
- – Manufacturers Association of Nigeria
- – Armed Forces in rotation
The various defects of the extant Act like the treatment of engineering as a single discipline/profession, representation of members from non-engineering institutions, control of council by Minister are not cured by the amendment. Thus, impairment of efficiency and effectiveness of registration, regulation, and advancement of engineering practice in Nigeria will persist.
Therefore the 2019 amendment to the Act is non-responsive to the basic issues currently inhibiting Engineering Practice in Nigeria, and is dysfunctional to attempts being made to strengthen and improve professionalism in Engineering.
10.0 THE PROFESSIONAL ENGINEERING COMMUNITY
The complexity and diversity of Engineering Practice in Nigeria has resulted in the over 40 bodies, comprising the Professional Engineering Community. They work both collectively and individually with government, industry, academia and a range of other bodies to represent, promote and support the profession, while ensuring that Nigerian registered engineers, technologists, technicians, craftsmen and artisans maintain the highest standards and reputation nationally. The Nigerian Society of Engineers (PEO) is part of this community, which also comprises the following bodies:
Professional Engineering Institutions (PEIs)
- 1) The Nigerian Institution of Electrical/Electronics Engineers
- 2) The Nigerian Geotechnical Association
- 3) The Nigerian Institution of Mechanical Engineers
- 4) The Nigerian Institution of Civil Engineers
- 5) The Nigerian Institution of Metallurgical & Materials Engineers
- 6) The Nigerian Institution of Agricultural Engineers
- 7) The Nigerian Institution of Aeronautical Engineers
- 8) The Nigerian Institution of Industrial Engineers
- 9) The Nigerian Society of Chemical Engineers
- 10) The Nigerian Institution of Structural Engineers
- 11) The Nigerian Institution of Environmental Engineers
- 12) The Nigerian Association of Oil & Gas Engineers
- 13) Institute of Appraisers & Cost Engineers
- 14) Automotive & Locomotive Engineers’ Institute
- 15) The Nigerian Institution of Marine Engineers & Naval Architects
- 16) The Nigerian Institution of Space Engineers
- 17) The Nigerian Institution of Water Engineers
- 18) Institution of Highway & Transportation Engineers of Nigeria
- 19) The Nigerian Institute of Engineering Management
- 20) The Nigerian Institution of Safety Engineers
- 21) The Nigerian Institution of Procurement Engineers
- 22) Institute of Polymer Engineers of Nigeria
- 23) The Nigerian Institution of Power Engineers
- 24) The Nigerian Institution of ICT Engineers
- 25) The Nigerian Institute of Biomedical Engineers
- 26) The Nigerian Association of Food Engineers
- 27) The Council for the Regulation of Engineering in Nigeria (COREN)- Regulatory Body
PEA’s
- 28) The Association for Consulting Engineering in Nigeria (ACEN)
- 29) The Federation of Construction Industry (FOCI)
- 30) The Association of Professional Women Engineers of Nigeria (APWEN)
- 31) The Nigerian Association of Technologists in Engineering (NATE)
- 32) The Nigerian Association of Engineering Craftsmen (NAEC)
- 33) The Nigerian Society of Engineering Technicians (NISET)
- 34) The Nigerian Association of Petroleum Explorationists (NAPE)
- 35) The Nigerian Metallurgical Society
- 36) Nigeria Automobile Technicians Association (NATA)
- 37) The Nigerian Welders Association (NWA)
- 38) Council of Mining Engineers and Geoscientist (COMEG) (Regulatory Body)
- 39) Computer Professionals Registration Council of Nigeria (CPN) (Regulatory Body)
- 40) Nigerian Council of Food Science and Technology (NiCFST) (Regulatory Body)
The main objectives of the engineering community are to:
- Ÿ Promote and advance engineering education, learning and practice
- Ÿ Professional regulation, registration and accreditation of educational programmes
- Ÿ Produce Codes and Standards that govern the production of goods/services, manufacturing of engineering/machinery and standards of ethics/morality that borders on engineering practice
- Ÿ Offer professional and policy initiatives and guidelines for the benefit of the country and stakeholders on specific engineering problem or challenge
- Ÿ Provide voice and direction for engineering professionals to make impact in the society.
11.0 ENGINEERING ORGANISATIONS & INSTITUTIONS
11.1 PROFESSIONAL ENGINEERING ORGANISATIONS (PEOs)
Professional Engineering Organisations (PEOs) are the amalgams or umbrella body of Professional Engineering Institutions (PEIs). This body is primarily responsible for organising, coordinating and controlling the Professional Engineering Institutions.
11.2 PROFESSIONAL ENGINEERING INSTITUTIONS (PEIs)
The focal responsibility of Professional Engineering Institutions is the registration, promotion, professional advancement and regulation of the specific engineering profession/discipline and members of the profession. In Nigeria, the main Professional Engineering Organisation is the Nigerian Society of Engineers. This organisation presently has twenty-six (26) Professional Engineering Institutions. The list of the existing Divisions/Institutions is presented in Sec. 10 above.
11.3 BEST PRACTICES
The International best practice is the self-regulation by the respective Professional Institutions, on central basis through a Charter. The conditions for the Charter of Professional body, are membership of at least 5,000, of which 70% of the members would have at least the first (1st) university degree in the discipline.
The body would have demonstrated capability of running its affairs sustainably, and independently for a number of years.
11.4 PROFESSIONAL ENGINEERING AFFILIATES (PEAs)
Another group in the Engineering Community is the Professional Engineering Affiliates. This group includes the Nigerian Academy of Engineering, Business Associations like the Association of Consulting Engineering (ACEN), the Federation of Construction Industry (FOCI), Association of Professional Women Engineers in Nigeria (APWEN) etc. Their respective operations and business outlines bear direct relationship with the engineering profession generally.
12.0 EPILOGUE
The International Engineering Alliance (EA) is an umbrella organisation for six multi-lateral agreements which establish and enforce amongst their members internationally-benchmarked standards for engineering education and “entry level” competence to practice engineering.
Under IEA operate the Washington Accord (for professional Engineer’s level), the Sydney accord (for Technologist’s level), and the Dublin Accord (for Technician’s level).
The IEA accords do not admit government controlled agencies as signatories. Their Best Practice is Accreditation of Engineering Programme. An Examplar (dated 13 April 2015) requires that the Agency to be accredited enjoys independence, autonomy, responsibility, and freedom from interference. COREN, a government agency in Nigeria has attempted to join the Alliance at the Washington Accord level. Only recently, IEA turned down COREN’s application on the ground that in the membership of the COREN Council, there are four representatives of the Minister thus compromising the independence, autonomy, and freedom from interference expected of an IEA signatory.
To be concluded.
VISION FOR THE NIGERIAN SOCIETY OF ENGINEERS – BY OTIS ANYAEJI