C 25 A BILL
FOR
AN ACT TO ABOLISH AND PROHIBIT DICHOTOMY AND DISCRIMINATION
BETWEEN FIRST DEGREES AND THE HIGHER NATIONAL DIPLOMA IN THE SAME PROFESSION/FIELD AND RELATED MATTERS;

Sponsored by Senator Ayo Akinyelure.

BE IT ENACTED by the National Assembly of the Federal Republic of Nigeria as follows:
1. 1 Not withstanding any provision in any other law and or
2. enactment or instrument by whatsoever named called to the contrary:
3. (a) First Degrees and the Higher National Diploma in the same
4. profession and or field shall be deemed and treated as exact equivalents
5. graduate certificates;
6. (b) all forms of discrimination and or dichotomy between First
7. Degrees and the Higher National Diploma in the same profession or field ill
8. any form whatsoever is hereby abolished;
9. (c) all forms of discrimination and or dichotomy between first
10. degrees and the Higher National Diploma in the same profession or field in
11. any form whatsoever is hereby prohibited;
12. (d) accordingly, no person. entity (body or corporate) in
13. whatsoever name called shall discriminate and or undertake any action in
14. any form whatsoever which is construed as and or intended to give an)
15. preferential treatment in favour and or against holders of HND/First Degree or
16. the Higher National Diploma in the same field or profession;
17. (e) accordingly, holders of the First Degree and the Higher
18. National Diploma in the same profession or field shall be given equal
19. treatment and opportunity in career placements, career progressions,
20. admission to further studies and in any other form whatsoever in.

C 26. First Degree/Higher National Diploma Abolition and Prohibition of Dichotomy and Discrimination Bill 2014.

1. consideration of status as graduates of Nigerian Tertiary Institutions of higher
2. Learning.
3. (f) any provision in any instrument, circulars, scheme of service, laws
4. and or enactment by whatsoever name called. Which is inconsistent with the
5. provisions of this Act shall to the extent of the inconsistency be null and void.
6. and shall accordingly stand corrected with the provisions of this Act;
7. (g) any person who has been discriminated against in any form
8. whatsoever by reason of holding a Higher National Diploma or a First Degree
9. in any field whatsoever shall be placed on the same status in which he/she could
10. have been should the discrimination not have been made, provided the
11. placement shall be on the same status on which holders of the First Degree in
12. the same field shall have been placed;
13. (h) nothing in this Act shall be construed as altering the provision in
14. any instrument as to the placement of first degree holders of different
15. professions and field at various grades and levels in the scheme or service and
16. or terms of employment, provided holders of the first degree and the
17. Higher
National Diploma in the same field or profession shall be placed in the same
18. status without any form of discrimination whatsoever.
19. 2. Any Person and or Entity (Body or Corporate) who:
20. (a) discriminate in any form whatsoever in between First Degrees and
21. the Higher National Diploma in the same profession or field; is guilty of
22. an offence under this Act and shall be liable on conviction to imprisonment;
23. for five years or a fine of Five Hundred Thousand Naira or to both such fine and
24. imprisonment;
25. (b) design, prescribe and or specify any guidelines, terms or
26. conditions of employment, career progression, admission policies, and or any
27. other instrument by whatsoever name called in violation or the provisions of
28. this Act shall be guilty of an offence under this Act and liable on conviction to
29. imprisonment for five years or a fine of five hundred thousand naira or to both
30. such fine and imprisonment

C 27 First Degree/Higher National Diploma Abolition and Prohibition of Dichotomy and Discrimination Bill 2014.

1. 3. It shall be the duty ofthe Chief Executive Officer of any entity
2. (body or corporate) to:
3. (a) receive complaints of discrimination on ground specified in this
4. Act;
5. (b) enforce the provisions of this Act;
6. (c) cause to compiled and submitted to the appropriate authority
7. for redress within three weeks of the receipt of complaints of discrimination
8. under this Act;
9. (d) It shall be the duty of any Commission. Board and or
10. Committee charged with the responsibility of Appointment, Promotions,
11. Appeals and or career development of personnel to give effect to the
12. provisions of this Act within three weeks of the coming into effect ofthis Act;13. 4. Any Chief Executive of any entity (body or Corporate) who
14. (a) fails to comply with the provisions or this Act, is guilty of an
15. offence under this Act and is liable on conviction to imprisonment for
16. months or a fine of N500,000 or to both such fine and imprisonment.
17. 5. (1) Where in any proceedings against any person for an offence
18. under this Act, it is proved that any action constituting offence under th is Act
19. has been committed by an accused person, it shall be so held that the accused
20. is guilty of the offences under this Act until the contrary is proceedings proved.
21. (2) Where in any proceedings against any person for an offence
22. under this Act, it is proved that any action constituting offence under this Act
23. has been done by the accused, it shall be presume that the action was done
24. with the motive or intent of committing offence under this Act as the case
25. may be, until the contrary is proved.
26. 6. (1) Every prosecution for offence under this Act or any other law
27. shall be deemed to be done with the consent of the Attorney-General
28. (2) The Magistrate Courts and the High Courts shall have
29. concurrent jurisdiction to hear and determine cases under this Act; and
30. appeals therefore shall lie to appropriate Courts as provided for by law.