A BILL [Executive] 1999 No. C 45. Section PART I ESTABLISHMENT, ETC-, THE NIGER-DELTA DEVELOPMENT COMMISSION AND

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1 1999 No. C 45 A BILL FOR [Executive] AN ACT TO ESTABLISH THE NIGER-DELTA DEVELOPMENT COMMISSION.1999 Section ARRANGEMENT OF SECTIONS PART I ESTABLISHMENT, ETC-, THE NIGER-DELTA DEVELOPMENT COMMISSION AND THE GOVERNING COUNCIL 1. Establishment of the Niger-Delta Development Commission, etc. 2. Establishment of the Governing Council of the Commission. 3. Tenure of office of Council members. 4. Rotation of office of Chairman of the Commission. 5. Cessation of membership of the Council, etc. 6. Allowances of members. PART II FUNCTIONS AND POWERS OF THE COMMISSION, ETC. 7. Functions and powers of the Commission. 8. Powers of the Council. PART III STRUCTURE OF THE COMMISSION 9. Establishment of directorates. 10. Establishment of the management Committee. 11. Establishment of the Niger-Delta Development Advisory Committee. PART IV STAFF 12. Appointment of Managing Director, etc. 13. Service in the Commission to be pension-able. PART V FINANCIAL PROVISIONS 14. Fund of the Commission. 15. Expenditure 16. Gifts to the Commission 17. Powers to borrow. 18. Annual estimates and expenditure. 19. Quarterly report. 20. Annual report.

2 C No- Niger-Delta Development Commission (Establishment, etc.) PART VI MISCELLANEOUS 21. Establishment of Monitoring Committee. 22. Offices and premises of the Commission. 23. Directives by the President, Commander-in-Chief of the Armed Forces. 24. Limitation of suit against the Commission, etc. 25. Service of documents. 26. Restriction on execution against property of the Commission. 27. Indemnity of officers. 28. Repeal of 1998 No. 41 and savings provisions, etc. 29. Regulations. 30. Interpretation 31. Citation.

3 Niger-Delta Development Commission (Establishment, etc.) 1999 No. C47 SCHEDUDLE 1 PREAMBLE 2 A Bill for an Act to provide for the repeal of the Oil, Mineral Producing Areas 3 Commission Decree 1998,andamongotherthings,establishanewCommissionwith 4 a re-organized management and administrative structure for more effectiveness; and 5 for the use of the sums received from the allocation of the Federation Account for 6 tackling ecological problems which arise from the exploration of oil minerals in the 7 Niger-Delta area. 8 PART I ESTABLISHMENT, ETC., THE NIGER-DELTA DEVELOPMENT COMMISSION 9 AND THE GOVERNING COUNCIL (1) There is hereby established a body to be known as Niger-Delta Establishment of the 11 Development Commission (in this Act referred to as "the Commission"). Niger-Delta Development Commission The Commission 13 (a) shall be a body corporate with perpetual succession and a common seal; 14 (b) May sue and be sued in its corporate name The Commission shall have its head office in Port Harcourt, Rivers State 16 and shall establish an office in each member State of the Commission (1) there is hereby established for the Commission a governing Council Establishment of 18 (in this Act referred to as "the Council"), which shall consist of Governing Council of 19 (a) a Chairman; 20 (b) one person who shall be an indigene to represent each of the following 21 member States, that is 22 (/) Abia State, 23 (it) Akwa-Ibom State, 24 (Hi) Bayelsa State, 25 (iv) Cross River State, 26 (v) Delta State, 27 (vi) Edo State,

4 C No. Niger-Delta Development Commission (Establishment, etc.) 1 (vii) lmo State, 2 (v»0 Ondo State, and 3 (ix) Rivers State; 4 (c) two persons to represent non-oil mineral producing States; 5 (d) one representative of oil producing companies in the Niger-Delta to be 6 nominated by the oil producing companies; 7 (e) one person to represent the Federal Ministry of Finance ; 8 (/) the Managing Director of the Commission The Chairman and other members of the Council shall 10 (a) be appointed by the President, Commander-in-Chief of the Armed 11 Forces, and 12 (b) be persons of proven integrity and ability The members of the Council referred to in paragraph (d) of sub-section (r) 14 of this section shall be part-time members. Schedule 15 4 the supplementary provisions set out in the Schedule to this Act shall have 16 effect with respect to the proceedings of the Council and the other matters con- 17 Contained therein. Tenure of 18 3; (j) Subject to the provisions of section 4 of this Act a member of the office. 19 Council, other than an ex-officio member, shall hold office for a term of 4 years at 20 The first instance and may be re-appointed for a further term of 4 years and no more. 21 The members of the Council shall be paid such remunerations and allowances 22 as the Federal Government may, from time to time, determine for the Chairmen 23 and members of statutory boards generally A member of the Council, other than an ex-officio member, may resign his 25 appointment by notice, in writing under his hand addressed to the President, 26 Commander-in-Chief of the Armed Forces, which resignation shall take effect only on 27 Acknowledgement by the President, Commander-in-Chief of the Armed Forces.

5 Niger-Delta Development Commission (Establishment, etc.) 1999 N O. C The office of Chairman of the Commission shall rotate among the-member Rotation of office of 2 States of the Commission in the following alphabetical sequence Chairman of the Commission. 3 (a) Abia State; 4 (A) Akwa-Ibom State; 5 (c) Bayelsa State; 6 (d) Cross River State ; 7 (e) Delta State; 8 (/) Edo State ; 9 (g) Imo State ; 10 Qi) Ondo State ; and 1 (0 Rivers State; n") Not withstand 5. (1) notwithstanding the provisions of section 3 of this Act, a person Cessation of membership of 13 shall cease to hold office as a member of the Council if the Council, etc. 14 (a) he becomes bankrupt, suspends payment or compounds with his 15 creditors; or 16 (i) he is convicted of a felony or any offence involving dishonesty or 17 fraud; or 18 (c) he becomes of unsound mind, or incapable of carrying out his duties; or \9 (d) he is guilty of a serious misconduct in relation to his duties; or 20 (e) in the case of a person possessed of professional qualifications, he is 21 disqualified or suspended, other than at his own request, from practicing his 22 profession in any part of the world by an order of a competent authority made 23 in respect of that member; or 24 (/) he resigns his appointment by a letter addressed to the President, 25 Commander-in-Chief of the Armed Forces. 26 (2) A member of the Council" may be removed by the President, Commander- 27 in-chief of the Armed Forces, if he satisfied that it is not in the interest of the 28 Commission or the interest of the public that the member should continue in

6 C No. Niger-Delta Development Commission (Establishment, etc.) Allowances of 7 members. 1 office. 2 (3) Where a vacancy occurs in the membership of the Council, it shall be filled 3 by the appointment of a successor to hold office for the remainder of the term of 4 office of his predecessor, so however,-that the successor shall represent the same 5 interest and shall be appointed by the President, Commander-in-Chief of the Armed 6 Forces. 6. There shall be paid to every member of the Council such allowances and 8 expenses as the Federal Government may, from time to time, direct. 9 PART II FUNCTIONS AND POWERS OF THE COMMISSION, ETC. Functions and 10 Powers of the Commission (1) The Commission shall (a) formulate policies and guidelines for the development of the Niger-Delta 12 area; 13 (b) conceive, plan and implement, in accordance with set rules and regulations, 14 projects and programs for the development of the Niger-Delta area in the 15 field of transportation including roads, jetties and waterways, health, education, 16 industrialization, agriculture and fisheries, housing and urban development, water 17 supply, electricity and telecommunications; 18 (c) cause the Niger-Delta area to be surveyed in order to as certain measures 19 which are necessary to promote its physical development; 20 (d) prepare schemes designed to promote the physical development of the 21 Niger-Delta area and the estimates of the costs of implementing such 22 schemes ; 23 (e) implement all the measures approved for the development of the Niger- 24 Delta area by the Federal Government and the member States of the 25 Commission; 26 if) identify factors inhibiting the development of the Niger-Delta area and 27 assist the member States in the formulation and implementation of policies 28 to ensure sound and efficient management of the resources of the Niger-

7 Niger-Delta Development Commission (Establishment, etc.) 1999 No. C 51 1 Delta area; 2 (g) assess and report on any project being funded or carried out in the 3 Niger-Delta area by oil producing companies and any other company including 4 non-governmental organizations and ensure that funds released for such 5 projects are properly utilized; 6 (h) tackle ecological problems that arise from the exploration of oil mineral 7 in the Niger-Delta area and advise the Federal Government and the member 8 States on the prevention and control of oil spillages and environmental 9 pollution; 10 (?) liaise with the various oil mineral prospecting companies on all matters 11 of pollution prevention and control; 12 (/) execute such other works and perform such other functions which, in 13 the opinion of the Commission, are required for the development of the Niger- 14 Delta area and its people ; and 15 (k) carry out such other functions as the President may, from time to time, 16 direct. 17 (2) In exercising its functions and powers under this section, the Com- 18 mission shall have regard to the varied and specific contributions of each mem- 19 ber State of the Commission. 20 (3) The Commission shall not be subject to the direction, control or su- 21 supervision of any other authority or person in the performance of its functions 22 under this Act other than the President, Commander-in-Chief of the Armed 23 Forces The Council shall have power to Powers of the 25 (a) Manage and superintend the affairs of the Commission; Council. 26 (b) make rules and regulations for carrying out the functions of the 27 Commission; 28 (c) enter and inspect premises, projects and such places as may be neces-

8 C No. Niger-Delta Development Commission (Establishment, etc.) 1 necessary for the purposes of carrying out its functions under this Act; 2 (d) pay the staff of the Commission such remuneration and allowances 3 as are payable to persons of equivalent grades in the civil service of the 4 Federation; 5 (e) enter into such contracts as may be necessary or expedient for the 6 discharge of its functions and ensure the efficient performance of the functions of Establishment 11 Of Directo- 7 the Commission; 8 (J) do such other things as are necessary and expedient for the efficient per- 9 performance of the functions of the Commission. 10 PART III STRUCTURE OF THE COMMISSION 9. (1) There shall be established in the head office of the Commission, the rates. 12 following Directorates 13 (a) the Directorate of Administration and Personnel Management; 14 (b) the Directorate of Community and Rural Development; 15 (c) the Directorate of Infrastructural Development; 16 (d) the Directorate of Environmental Protection ; 17 (e) the Directorate of Finance and Supply ; 18 (/) the Directorate of Agriculture, Fisheries and Water Supply ; 19 (g) the Directorate of Planning, Research and Statistics ; and 20 (h) the Directorate of Legal Services. 21 (2) The Council may, with the approval of the President, Comrnander-in- 22 Chief of the Armed Forces, increase the number of Directorates as it may deem 23 necessary and expedient to facilitate the realization of the objectives of the 24 Commission. Establishment There shall be for the Commission, a Management Committee which of the Management 26 shall Committee. 27 (a) consist of a Chairman who shall be the Managing Director, the Directors 28 responsible for the Directorates established under section 9 of this Act and such

9 Niger-Delta Development Commission (Establishment, etc.) 1999 No. C 53 1 number of other members as may be determined from time to time; 2 (b) be responsible to the Council and the Managing Director for the general 3 administration of the Commission (1) there is hereby established for the Commission, A Niger-Delta Establishment, membership 5 Development Advisory Committee (in this Act referred to as "the Advisory and functions of the Niger- 6 Committee") which shall consist of De' 43 Development 7 (a) the Governors of the member States of the Commission; and Advisory Committee. 8 (b) such other persons as may be determined, from time to time, by the 9 President, Commander-in-Chief of the Armed Forces. 10 (2) The Advisory Committee shall be charged with the responsibility of 11 advising the Council and guiding and monitoring the activities of the Commission 12 With a view to achieving the objectives of the Commission. 13 (3) The Advisory Committee may make rules regulating its own 14 proceedings. 15 PART IV STAFF (1) There shall be for the Commission, a Managing Director, who Appointment of Executive 17 Shall Secretary, etc. 18 (a) be an indigene of one of the member States of the Commission ; 19 (6) not be below the rank of a Permanent Secretary in the civil service of 20 the Federation; 21 (c) have such qualification and experience as are appropriate for a person 22 required to perform the functions of that office under this Act; and 23 (d) be the chief executive and accounting officer of the Commission. 24 (e) be appointed by the President, Commander-in-Chief of the Armed 25 Forces. 26 (/) hold office on such terms and conditions as to emolument, conditions 27 of service as may be specified in his letter of appointment. 28 (2) The Managing Director shall, subject to the general direction of the

10 C No. Niger-Delta Development Commission (Establishment, etc.) 1 Council, be responsible 2 (a) for the day to day administration of the Commission ; 3 (b) for keeping the books and proper records of the proceedings of the 4 Council; and 5 (c) for 6 (0 the administration of the secretariat of the Council,, and 7 (ii) the general direction and control of all other employees of the 8 Commission subject to the directives of the Council and the Chairman. 9 (3) The Council shall have power to 10 (a) employ either directly or on secondment from any civil or public service 11 in the Federation or a State such number of employees as may, in the opinion of 12 the Council, be required to assist the Council in the discharge of any of its 13 functions under this Act; and 14 (b) pay to persons so employed such remuneration including allowances) as 15 the Council may, after consultation with the Federal Civil Service Commission, 16 Determine. Service in the n 13. (1) Service in the Commission shall be approved service for the purposes Commission to Be pensionable j of the Pensions Act. Cap.346LFN. 19 (2) The officers and other persons employed in the Commission shall be 20 entitled to pensions, gratuities and other retirement benefits as are enjoyed by 21 Persons holding equivalent grades in the civil service of the Federation. 22 (3) Nothing in subsections (1) and (2) of this section shall prevent the 23 appointment of a person to any office on terms which preclude the grant of pension 24 And gratuity in respect of that office. 25 (4) for the purposes of the application of the provisions of the Pensions Act, 26 any power exercisable there under by the Minister or other authority of the 27 Government of the Federation, other than the power to make regulations under 28 section 23 thereof, is hereby vested in and shall be exercisable by the Commission,

11 Niger-Delta Development Commission (Establishment, etc.) 1999 No. C 55 1 and not by any other person or authority. 2 PART V FINANCIAL PROVISIONS (I) The Commission shall establish and maintain a fund from which 4 shall be defrayed all expenditure incurred by the Commission. 5 (2) There shall be paid and credited to the fund established pursuant to 6 subsection (1) of this section 7 (a) from the Federal Government, the equivalent of 10 per cent of the 8 total monthly statutory allocations due to member States of the Commission 9 from the Federation Account; 10 (b) 50 per cent of the 13 per cent of the revenue accruing to the Federation 11. Account under subsection (2) of section 162 of the Constitution of the Federal 12 Republic of Nigeria 1999, deductible at source; 13 (c) 0.5 per cent of the total annual budget of any oil producing company 14 operating, on shore, in the Niger-Delta area; 15 (d) 50 per cent of monies due to member States of the Commission from 16 the Ecological Fund; 17 (e) such monies as may from time to time, be granted or lent to or deposited 18 with the Commission by the Federal or a State Government, any other body 19 or institution whether local or foreign ; 20 (/) all moneys raised for the purposes of the Commission by way of gifts, 21 loan, grants-in-aid, testamentary disposition or otherwise; and 22 (g) proceeds from all other assets that may, from time to time, accrue to 23 the Commission. 24 (3) the fund shall be managed in accordance with the rules made by the 25 Council, and without prejudice to the generality of the power to make rules 26 under this subsection, the rules shall in particular contain provisions 27 (a) specifying the manner in which the assets or the fund of the Commission are to 28 be held, and regulating the making of payments into and out of the fund; and

12 C No. Niger-Delta Development Commission (Establishment, etc.) 1 ( ) requiring the keeping of proper accounts and records for the purpose of the fund in such form as may be specified in the rules. 2 Expenditure of 3 the Commis sion. 4 Gifts to the Commission. Power to borrow Annual 24 estimates and expenditure The Commission shall apply the proceeds of the fund established pursuant to section 14 of this Act to (a) the cost of administration of the Commission; (b) the payment of salaries, fees, remuneration, allowances, pensions and gratuities payable to the members of the Council specified in section 6 of this Act or any committee of the Council and the employees of the Commission ; (c) the payment for all contracts, including mobilization, fluctuations, variations, legal fees and cost on contract administration; (d) the payment for all purchases ; and (e) Undertaking such other activities as are connected with all or any of the functions of the Commission under this Act. 16. (1) The Commission may accepts gifts of land, money or other property on such terms and conditions, if any, as may be specified by the person or organization making the gift. (2) The Commission shall not accept any gift if the conditions attached by the person or organization making the gift are inconsistent with the functions of the Commission under this Act. 17. The Commission may, with the consent of the President, Commanderin-Chief of the Armed Forces, borrow, on such terms and conditions as the Commission may determine, such sums of money as the Commission may require in the exercise of its functions under this Act. 18. (1) The Council shall, not later than 3Oth September in each year, submit to the President, Commander-in-Chief of the Armed Forces an estimate of the expenditure and income of the Commission during the next succeeding year. (2) The Council shall cause to be kept proper accounts of the Commission in respect of each year and proper records in relation thereto and shall cause the 27 28

13 Niger-Delta Development Commission (Establishment, etc.) 1999 No. C 57 1 accounts to be audited not later than 6 months after the end of each year by 2 auditors appointed from the list and in accordance with the guidelines supplied 3 by the Auditor-General for the Federation The Commission shall, at the end of very quarter in each year, submit Quarterly report. 5 to the President, Commander-in-Chief of the Armed Forces a report on the 6 Activities and administration of the Commission (1) The Council shall prepare and submit to the President, Annual Report. 8 Commander-in-Chief of the Armed Forces, not later than 30th June in each 9 year, a report in such form as the President, Commander-in-Chief of the Armed 10 Forces may direct on the activities of the Commission during the immediately 11 preceding year, and shall include in the report a copy of the audited accounts of 12 The Commission for that. Year and the auditor's report thereon. 13 (2) The President, Commander-in-Chief of the Armed Forces shall, upon 14 receipt of the report referred to in subsection (1) of this section, cause a copy of 15 the report and the audited accounts of the Commission and the auditor's report 16 there on to be submitted to each House of the National Assembly. 17 PART VI MISCELLANEOUS (1) There is hereby established for the Commission a Monitoring Establishment of Monitoring 19 Committee which shall consist of such number of persons as the President, Committee. 20 Commander-in-Chief of the Armed Forces may deem fit to appoint from the 21 public or civil service of the Federation 22 (2) The Monitoring Committee shall 23 (a) monitor the management of the funds of the Commission and the 24 implementation of the projects of the Commission; and 25 {b) have access to the books of account and other records of the 26 Commission at all tim6s, and submit periodical reports to the President, 27 Commander-in-Chief of the Armed Forces.

14 C No. Niger-Delta Development Commission (Establishment, etc.) Offices and i 22. (1) For the purposes of providing offices and premises necessary for premises of the Commission 2 the performance of its functions under this Act, the Commission may, subject to Cap.202LFN. 3 the Land Use Act 4 (a) purchase or take on lease any interest in land, or other property ; and 5 (b) Construct offices and premises and equip and maintain same. 6 (2) The Commission may, subject to the Land Use Act, sell or lease out any 7 office or premises held by it, which office or premises is no longer required for the 8 Performance of its functions under this Act. Directives by 9 the President, Commander- JQ in-chief of the Armed Forces, 23. Subject to the provisions of this Act, the President, Commander-in- Chief of the Armed Forces may give to the Commission directives of a general nature or relating generally to matters of policy with regard to the performance by 12 the Commission of its functions and it shall be the duty of the Commission to 13 comply with the directives. Limitation of 14 suits against the Commis- 15 sion, etc. Cap. 379 LFN (1) Subject to the provisions of this Act, the provisions of the Public Officers Protection Act shall apply in relation to any suit instituted against any officer or employee of the Commission. 17 (2) not with standing anything contained in any other law or enactment, no 18 suit shall lie against any member of the Council, the Managing Director or any 19 other officer or employee of the Commission for any act done in pursuance or 20 execution of this Act or any other law or enactment, or of any public duty or 21 authority or in respect of any alleged neglect or default in the execution of this Act 22 or such law or enactment, duty or authority, shall lie or be instituted in any court 23 unless 24 (a) it is commenced within three months next after the act, neglect or default 25 complained of; or 26 (&) in the case of a continuation of damage or injury, within six months next 27 after the ceasing thereof.

15 Niger-Delta Development Commission (Establishment, etc.), No. C 59 1 (3) No suit shall be commenced against a member of the Council, the 2 Managing Director, officer or employee of the Commission before the expiration 3 of a period of one month after written notice of intention to commence the suit 4 shall have been served upon the Commission by the intending plaintiff or his 5 Agent. 6 (4) The notice referred to in subsection (3) of this section shall clearly 7 and explicitly state the cause of action, the particulars of the claim, the name g and place of abode of the intending plaintiff and the relief which he claims A notice, summons or other document required or authorized to be service of Documents. 10 served upon the Commission under the provisions of this Act or any other law 11 or enactment may be served by delivering it to the Managing Director or by 12 sending it by registered post and addressed to the Managing Director at the 13 principal office of the Commission (1) In any action or suit against the Commission, no execution or Restriction on execution 15 attachment of process in the nature thereof shall be issued against the against property of the 16 Commission. Commission. 17 (2) Any sum of money which may by the judgment of any court be awarded lg against the Commission shall, subject to any direction given by court where 19 notice of appeal of the said judgment has been given, be paid from the general 20 reserve fund of the Commission A. member of the Council, the Managing Director, any officer or Indemnity of officers. 22 employee of the Commission shall be indemnified out of the assets of the 23 Commission against any proceeding, whether civil or criminal, in which judgment 24 is given in his favour, or in which he is acquitted, if any such proceeding is 25 brought against him in his capacity as a member of the Council, the Managing 26 Director, officer or employee of the Commission (1) The Oil Mineral Producing Areas Development Commission No 41, 28 Decree 1998 is hereby repealed and accordingly the Commission established provisions,

16 C No. Niger-Delta Development Commission (Establishment, etc.) >i...,,.., 1 under that Decree (in this section referred to as "the dissolved Commission") is 2 Consequentially dissolved. 3 (2) By virtue of this Act, there shall be vested in the Commission immediately at 4 the commencement of this Act, without further assurance, all assets, funds, resources 5 and other movable and immovable property which immediately before the 6 Commencement of 1 his Act was vested in the dissolved Commission. 7 (3) As from the date of commencement of this Act 8 {a) all rights, interests, obligations and liabilities of the dissolved Commission 9 existing before the commencement of this Act under any contract or instrument, 10 or in law Orin equity, shall by virtue of this Act be assigned to and vested in the 11 Commission; 12 (b) any contract or instrument as is mentioned in paragraph (a) of this 13 subsection shall be of the same force and effect against or in favour of the 14 Commission established by this Act and shall be enforceable as fully and 15 effectively as if instead of the dissolved Commission, the Commission had been 16 named therein-or had been a party thereto ; 17 (c) the Commission shall be subject to all the obligations and liabilities to 18 which the dissolved Commission was subject immediately before the 19 commencement of this Act and all other persons shall have the same rights, 20 powers and remedies against the Commission as they had against the dissolved 21 Commission immediately before the commencement of this Act. 22 (4) Any proceedings or cause of action pending or existing immediately 23 before the commencement of this Act by or against the dissolved Commission in 24 respect of any right, interest, obligation or liability of the dissolved Commission 25 may be commenced or continued, as the case may be, and any determination of 26 any court of law, tribunal or other authority or person, may be enforced by or 27 against the Commission to the same extent that the proceedings, cause of action or 28 determination might have been continued, commenced or enforced by or against

17 Niger-Delta Development Commission (Establishment, etc.) / 1999 N. Q gj 1 the dissolved Commission as if this Act had not been made. 2 (5) Not with standing the provisions of this Act but subject to such directions 3 as may be issued by the Commission, a person who immediately before the 4 commencement of this Act held office in the dissolved Commission shall be 5 deemed to have been transferred to the Commission on terms and conditions 6 not less favorable that those obtaining immediately before the commencement 7 of this Act, and service in the dissolved Commission shall be deemed to be 8 service in the Commission for purposes of pension. 9 (6) The President, Commander-in-Chief of the Armed Forces, if he thinks 10 fit, may, within twelve months after the commencement of this Act, by order 11 published in the Gazette, make additional transitional or saving provisions for 12 the better carrying out of the objectives of this section The Commission may, with the approval of the President, Commander- Regulations. 14 in-chief of the Armed Forces, make regulations, generally for the purposes of 15 giving full effect to this Act In this Act, unless the context otherwise requires interrelation. 17 "Chairman" means the Chairman of the Council; 18 "Commission" means the Niger-Delta Development Commission established 19 by section 1 of this Act; 20 "Council" means the governing Council established for the Commission 21 under section 2 (1) of this Act; 22 "member"' means a member of the Council and includes the Chairman; 23 "member States" include Abia, Akwa-Ibom, Bayelsa, Cross River, Delta, 24 Edo, lmo, Ondo and Rivers States This Act may be cited as the Niger-Delta Development Commission citation. 26 (Establishment, etc.) Act 1999.

18 C No. Niger-Delta Development Commission (Establishment, etc.) 1 SCHEDULE Section 2(4) 2 SUPPLEMENTARY PROVISIONS RELATING TO THE COUNCIL, ETC. 3 Proceedings of the Council Cap. 192 LFN. 4 1 (1) Subject to this Act and section 27 of the Interpretation Act, the 5 Council may make standing orders regulating its proceedings or those of any 6 of its committees. 7 (2) The quorum of the Council shall be the Chairman or the person presiding 8 at the meeting and 4 other members of the Council, and the quorum of any 9 committee of the Commission shall be as determined by the Council (1) The Council shall meet whenever it is summoned by the Chairman 11 and if the Chairman is required to do so by notice given to him by not less than 4 12 other members, he shall summon a meeting of the Council to be held within days from the date on which the notice is given. 14 (2) At any meeting of the Council, the Chairman shall preside but if he is 15 absent, the members present at the meeting shall appoint one of their number to 16 preside at the meeting. 17 (3) Where the Council desires to obtain the advice of any person on a particular 18 matter, the Council may co-opt him to the Council for such period as it deems fit, 19 but a person who is in attendance by virtue of this sub-paragraph shall not be 20 entitled to vote at any meeting of the Council and shall not count towards a quorum. 21 Committees (1) The Council may appoint one or more committees to carry out, on 23 behalf of the Council, such functions as the Council may determine. 24 (2) A committee appointed under this paragraph shall consist of such number 25 of persons as may be determined by the Council and a person shall hold office on 26 the committee in accordance with the terms of his appointment. 27 (3) A decision of a committee of the Council shall be of no effect until it is 28 confirmed by the Council.

19 Niger-Delta Development Commission (Establishment, etc.) No. C63 1 Miscellaneous 2 4. (1) The fixing of the seal of the Commission shall be authenticated by 3 the signatures of the Chairman or any other member of the Council generally or 4 specifically authorized by the Council to act for that purpose and the Managing 5 Director. 6 (2) Any contract or instrument which, if made or executed by a person not 7 being a body corporate, would not be required to be under seal may be made or 8 executed on behalf of the Commission by the Managing Director or any person 9 generally or specifically authorized by the Council to act for that purpose. 10 (3) A document purporting to be a document duly executed under the sear 11 of the Commission shall be received in evidence and shall, unless and until the 12 contrary is proved, be presumed to be so executed The validity of any proceedings of the Council or of a committee shall 14 not be adversely affected by 15 (a) a vacancy in the membership of the Council or committee ; or 16 (b) a defect in the appointment of a member of the Council or committee; 17 or 18 (<j) reason that a person not entitled to do so took part in the proceedings 19 of the Council or committee. 20 MADE at Abuja this day of Commencement. OLUSEGUN OBASANJO, GCFR, President, Commander-in-Chief-of-the Armed Forces, Federal Republic of Nigeria.

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