1999 No. C45 A BILL FOR [Executive] AN ACT TO ESTABLISH TIlE NIGER-DELTA DEVELOPMENT COMMISSION 1999 ARRANGEMENT OF SECI10NS Section PART I-ESTABLISHMENT, ETC., THE NIGER-DELTA DEVELOPMENT COMMISSION AND TIlE GOVERNING COUNCil.. I. 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 Couincil, etc. 6. Allowances of members. " '" PART II-FUNCTIONS AND POWERS OF TIlE COMMISSION, ETC. 7. Functions and powers of the Commission, 8. Powers of the Council... PART III-STRUCTURE OF TIlE COMMISSION 9, Establishment of directorates. 10, Establishment of the management Committee. II. Establishment of the Niger-Delta Development Advisory Committee. PART IV-STAFF 12. Appointment of Managing Director, etc. 13. Service in the Commission to be pensronable, 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.
C 46 1999 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.... -'r.-
Niger-Delta Development Commission (Establishment, etc.), 1999No. C 47 SCHEDUDLE PREAMBLE 2 A Bill for an Act to provide {or the repeal of the OilMineral Producing Areas 3 Commission Decree 1998, and among otherthings, establish a new Commission with 4 a re-organised 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 minera1s in the 7 Niger-Delta area. S PART I-ESTABLISHMENT, ETC., fu NIGER-DELTA DEvELOPMENT CoMMISSION 9 AND TIlE GoVERNING Cousca, 10 1.-(1) There is hereby established a body to be known lis Niger-Delta II Development Commission (in this Act referred to as "the Commission"). 12 13 2. The Commission- (a) shall be a body corporate with perpetual succession and a common seal ; 2.-(1) There is hereby established for the Commission a governing Council (in this Act referred to as "the Council"), which shall consist of- (a) a Chairman ; (b) one person who shall bean indigene to represent each of the following member States, that i~ Establishmentofthe Niger-Delta Development Commission, etc. 14 (b) may sue and be sued in its corporate name. 15 3. 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. 17 18 19 20 21 Establishmentof Governing Council of the Commission. 22 (i) AbiaState, 23 (ii) Akwa-Ibom State, 24 25 (iii) (iv) Bayelsa State, Cross River State, 26 (v) Delta State,? 27 (VI) Edo State,
C 48 191)9 No. Niger-Delta Development Commission (Establishment, etc.) 2 3 (vii) (viii) (ix) Imo State, On do State, and Rivers State; 4 (c) two persons to represent non-oil mineral producing States; 5 6 7 8 9 10 (d) one representative of oil producing companies in the Niger-Delta to be nominated by the oil producing companies; (e) one person to represent the Federal Ministry of Finance ; (f) the Managing Director of the Commission. 2. The Chairman and other members of the Council shall- (a) be appointed by the President, Commander-in-Chief of the Armed II Forces, and 12 (b) be persons of proven integrity and ability. Schedule. 13 14 15 3. The members of the Council referred to in paragraph (d) of sub-section (i) of this section shall be part-time members. 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 tained therein. Tenure of office. 18 3."-(1) Subject to the provisions of section 4 of this Act a member of the 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 2. The members of the Council shall be paid such remunerations and allow- 22 ances as the Federal Government may, from time to time, determine for the Chair- 23 men and members of statutory boards generally. 24 3. A member ofthe Council, other than an ex-officio member, may resign his 25 appointment by notice, in writing under his hand addressed to the President, Com- 26 mander-in-chief of the Armed Forces, which resignation shall take effect only on 27 acknowledgement by the President, Commander-in-Chief ofthe Armed Forces.
Niger-Delta Development Commission {Establishment, etc.) 1999 No. C49 4. The officeofchainnan ofthe Commissionshallrotate amongthemember Rotation of ofliceof 2 States of the Cortnnission in the following alphabetical sequence-+ Chainnanof the Commis- 3 (a) Abia State; sion, 4 (b) Akwa-Ibom State; 5 (c) Bayelsa State ; 6 (d) Cross River State; 7 (e) Delta State; 8 (f) Edo State ; 9 (g) Imo State; 10 (h) Ondo State; and 11 (l) Rivers State ; 12 5.-{1) Nothwithstanding 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 \illyment or compounds with his 15 creditors ; or 16 (b) he is convicted ofa felony or any offenceinvolving dishonesty or 17 fraud; or,8 (c) he becomes of unsound mind, or incapableof carrying out his duties; or I~ (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 practising his 22 profession in any part of the world by an order of a competentauthority made 23 in respect of that member; or 24 (f) 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 Councirmaybe removedby 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
C 50 1999 No. Niger-Delta Development Commission (Establishment. etc.) office. 2 3 4 (3) Where a vacancy occurs in the membership of the Council, it shall be filled by the appointment of a successor to hold office for the remainder of the term of office of his predecessor, so however.thar the successor shall represent the same 5 6 interest and shall be appointed by the President, Commander-in-Chief Forces. of the Armed Allowances of 7 members. 8 9 6. There shall be paid to every member of the Council such allowances and expenses as the Federal Government may, from time to time, direct. PART II-FuNCTIONS AND POWERS OF THE COMMISSION, ETC. Functions and 10 Powers of the Commission. 11 12 7.-( 1) The Commission shall- (a) formulate policies and guidelines for the development area; of the Niger-Delta 13 14 (b) conceive, plan and implement, in accordance with set rules and regulations, projects and programmes for the development of the Niger-Delta area in the 15 field of transportation including roads, jetties and waterways, health, education, 16 17 industrialisation, agriculture and fisheries, housing and urban development, water supply, electricity and telecommunications; 18 (c) cause the Niger-Delta area to be surveyed in order to ascertain measures 19 20 21 22 23 24 25 26 27 28 which are necessary to promote its physical development; (d) prepare schemes designed to promote the physical development of the Niger-Delta area and the estimates of the costs of implementing such schemes; (e) implement all the measures approved for the development of the Niger- Delta area by the Federal Government and the member States of the Commission; if) identify factors inhibiting the development of the Niger-Delta area and assist the member States in the formulation and implementation of policies to ensure sound and efficient management of the resources of the Niger- I',,". j,
Niger-Delta Development Commission (Establishment, etc.} 1999 No. C 51 Delta area; 2 (g) assess and.report on any project beingfunded or carried out in the 3 Niger-Deltaarea by oil producingcompaniesand anyother companyincluding 4 non-governmental organisations and ensure that funds released for such 5 projects are properly utilised; 6 (h) tackle ecological problemsthat arise from the explorationof 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; I0 II (i) liaise with the various oil mineral prospecting companies on an-matters of pollution prevention and control; 12 (j) execute such other works and perform such other functions which, in 13 the opinionof the Commission,are required for the developmentof the Niger- 14 Delta area and its people; and 15 (k) carry out SJJ.ch 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 missionshall have regard tothevariedand specific contributions of each mem- 19 ber State of the Commission, 20 (3) The Commission shall not.be subj~ to the;:direction.control or su- 21 pervision of any other authority or person in theperformance ofits functions 22 under this Act other than the President, Commander-in-Chief of the Armed 23 Forces. 24 25 8. The Council shall have power to-- {a) manage andsuperintend the affiti,rsofthe Commission ; Powers of tile 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-
C 52 1999 No. Niger-Delta Development Commission (Establishment, etc.) sary 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 dis- 6 charge of its functions and ensure the efficient performance of the functions of 7 the Commission; 8 (j) do such other things as are necessary and expedient for the efficient per- 9 formance of the functions of the Commission. 10 PART IIl--'STRUCI'UREOF TIlE COMMISSION Establishment II 9.-(1) There shall be established in the head office of the Commission, the ofdlrectorates, 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 ofinfrastructural Development; 16 (d) the Directorate of Environmental Protection; 17 (e) the Directorate of Finance and Supply; 18 (j) 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, Commander-in- 22 Chief of the Armed Forces, increase the number of Directorates as it may deem 23 necessary and expedient to facilitate the realisation of the objectives of the 24 Commission. Establishment 25 10. 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 ofthis Act and such "---- Co, I I;. r...' I'"j>,) 'oj
Niger-Delta Development Commis~ion (Establishment, etc.) 1999 No. C 53 number of other members as may be determined from t~ to time; 2 (b) be responsible to the Council and ~emanawngdirel:tflr for the general. 3 administration of the Commission. 4 11.-(1) There is hereby established for the Commission, A Niger-Delta 5 Development Advisory Committee (in this Act referred to as "the Advisory 6 Committee") which shall consist Qf~ 7 (a) the Governors of the member States of tbe Commission ; and 8 (b) such other persons as JUay be determined, from time to time, by the Establishment, membejship and functions of the Niger- Delta Development Advisory Committee. 9 President, Commander-in-Chief of'the ATJUedForces. 10 (2) The Advisory Committee shall be charged with th,<;/~sponsibility 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. \3 (3) The Advisory Committee may makerules regulating its own 14 proceedings. 15 PART IV STAJ'F 16 12.-(1) There shall be for the Commission, a Managing Director, who Appo~ of Executive 17 shall-e- Secretary, etc. 18 (a) be an indigene of one of the member States of the Commission ;. 19 (b) not be below the rank of a Permanent Secretaryin 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 (j) hold office on such ter!jls 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 -- _...._-----J
C 54 1999No. Niger-Delta Development Commission (Estaoltsnment, etc.) 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 5 Council; (c) for- and 6 (I) 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 10 (3) The Council shall have power to-- (a) employ either directly 'or on secondment from any civil or public service 11 12 13 14 15 16 Servia: in the Commission to 17 be pensionable Cap. 346LFN. 18 19 20 21 22 23 24 25 26 27 28 in the Federation or a State such number of employees as may, in the opinion of the Council, be required to assist the Council in the discharge of any of its functions under this Act; and (b) pay to persons so employed such remuneretiontincluding allowances) as the Council may, after consultation with the Federal Civil Service Commission, determine. 13.-{ 1) Service in the Commission shall be approved service for the purposes of the Pensions Act. (2) The officers and other persons employed in the Commission shall be entitled to pensions, gratuities and other retirement benefits as are enjoyed by persons holding equivalent grades in the civil service of the Federation. (3) Nothing in subsections (I) and (2) of this section shall prevent the appointment of a person to any office on terms which preclude the grant of pension and gratuity in respect of that office. (4) For the purposes of the application of the provisions of the Pensions Act, any power exercisable thereunder by the Minister or other authority of the Government of the Federation, other than the power to make regulations under section 23 thereof, is hereby vested in and shall be exercisable by the Commission, '..
Niger-Delta Development Commission {Establishment, etc.) 19991"'9. C55 and not by any other person or authority. 2 PARTV-FmANCw. PRQV~IQNS 3 14.41) The-Commissionshall.establishandmaintain afund from which 4 shall be defrayed all expenditure incurred by thecommissien.. Fund of the Commission. 5 (2) There shall be paid and Q1ldite4to thet'uj14.established pursuant to 6 subsection (1) of this section-> '; 7 (a) from the Federal.Government, tqeequiv~nt of JO per.ceni of the 8 total monthly statutoryjllllocationsdullto member Statesofti1e Commission 9 from the Federation Account; 10 (b) 50 per cent of the, 13per ceik of'tharevenue accruing to the Federation 11 Account under subsection (2) of section 162of the Constitutionof 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 fromtime to time, be granted or lentto or deposited 18 with the Commission by the Federal or a State Government, any other body 19 or institution whether local or foreign; 20 (f) all moneys raised for the purposes of the'cemmission 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) specityingthemannerinwhichtheassetsorthefundofthecommissionareto 28 be held,andregulatingthemakingof paymentsintoandoutofthefund ; and,--------- -J
C 56 1999 No. Niger-Delta Development Commission (Establishment, etc.) (b) requiring the keeping of proper accounts and records for the purpose of 2 Expenditure of 3 the Commission. 4 5 6 7 8 9 10 the fund in such form as may be specified in the rules. 15.- The Commission shall apply the proceeds of the fund established pursuant to section 14 of this Act to- (a) the cost of admjnistration 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 a\l contracts, including mobilisation, fluctuations, variations, legal fees and cost on contract administration ; 11 (d) the payment for all purchases; and 12 13 Gifts to the 14 Commission. IS 16 17 18 19 Power to 20 borrow. 21 22 23 Annual 24 estimates and expenditure. 25 26 27 28 (e) undertaking such other activities as are connected with all or any of the functions of the Commission under this Act 16.-( I) The Commission may accepts gifts ofland, inoney or other property on such terms and conditions, if any, as may be specified by the person or organisation making the gift. (2) The Commission shall not accept any gift if the conditions attached by the person or organisation 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.-( I) The Council shall, not later than 30th 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
Niger-Delta Development Commission (EstpbJishn,ent.etc.), C57 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 th!lguid~'ine$ supplied 3 by theauditor-general for the Federation. 4 19.- 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. 7 20.-(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 tae Commissior, during theimmediately II preceding year, and shall include in the report a copy ofthe audited accounts of 12 the Commission for that.year and the audjt.or's report thereon.. \3 (2) The President, Commander-in-Chief ofthe Armed FWC~sshall, upon 14 receipt ofthe report referred to in subsection (l) of this section, cause a copy of 15 the report and the audited accounts ofthe Commission and the,auditor' s report 16 thereon to be submitted to each House of the Natiolllll Assembly. 17 PART VI..--~us 18 21.-('l) There is herebyestablishedfor the Commission a Monitoring 19 Committee which shall consist of such,nu~r.()f persons as the President, 20 Commander-in-Chief of the Armed Forces may deem fittoappoint from tpe Establishment of Monitoring Committee. 21 public or civil service of the Federation 22' (2) The Monitoring Committee shall-> 23 (a) monitor the management of the. Rmds.of the Commission,and the 24 implementation of the projects of the Commission; and 25 (b) have access to the booksofacc9untjludgtb.er, records of the 26 Commission at all times, and submit periodical. reports. to the President, 27 Commander-in-Chief ofthearmed Forces,
C 581999 No. Niger-Delta Development Commission (Establishment, etc.) Offices and premises of the Commission 2 Cap. 202 LFN. 3 4 5 6 7 8 Directives by 9 the President, Commander- 10 in-chief of the Anned Forces. II 22.---{1) For the. purposes of providing offices and premises necessary for the performance of its functions under this Act, the Commission may, subject to the Land Use Act- (a) purchase or take on lease any interest in land, or other property; and (b) construct offices and premises and equip and maintain same. (2) The Commission may, subject to the Land Use Act, sell or lease out any office or premises held by it; which office or premises is no longer required for the performance of its functions under this Act. 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 \3 comply with the directives. Limitation of 14 suits against the Commis- 15 sion, etc. Cap. 379 LFN. 16 17 18 19 20 21 22 23 24 25 26 27 24.---{ I) 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. (2) Notwithstanding anything contained in any other law or enactment, no suit shall lie against any member of the Council, the Managing Director or any other officer or employee of the Commission for any act done in pursuance or execution of this Act or any other law or enactment, or of any public duty or authority or in respect of any alleged neglect or default in the execution of this Act or such law or enactment, duty or authority, shall lie or be instituted in any court unless- (a) it is commenced within three months next after the act, neglect or default complained of; or (b) in the case of a continuation of damage or injury, within six months next after the ceasing thereof.
Niger-Delta Development Commission (Establishment, etc.), {999No. C S9 (3) No suit shall be commenced against a member of the Council, the 2 3 Managing Director, officer or employee of tile Commission before the expiration 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 6 7 8 9 10! 11 i I,. 12 e- 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 agent (4) The notice referred to in subsection (3) of this section shall clearly and explicitly state the cause of action, the particulars ofthe claim, the name and place of abode of the intending plaintiff and the relief which he claims. 2S.-A notice, summons or other document required or authorised to be served upon the Commission under the provisions of this Act or any other law or enactment may be served by delivering it to the Managing Director or by sending it by registered post and addressed to the Managing Director at the principal office of the Commission. 26.-( I) In any action or suit. against the Commission, no execution or Restriction on c:xc:c:won attachment of process in the nature thereof shall be issued against the against property of the Commission. Conunission. (2) Any sum of money which may by the judgment of any court be awarded against the Commission notice of appeal of the said judgment reserve fund of the Commission. shall, subject to any direction given by court where has been given, be paid from the general Service of documents. 27.-A.member of the Council, the Managing Director, any officer or Indemnity of offiocls. employee of the Commission shall be indemnified out of the assets of the Commission against any proceeding, whether civil or criminal, in which judgment is given in his favour, or in which he is acquitted, if any such proceeding is brought against him in his capacity as a member of tile Council, the Managing Director, officer or employee of the Commission. 28.-(1) The Oil Mineral Producing Areas Development Commission Decree 1998 is hereby repealed and accordingly the Commission established Repeal of 1998 No. 41, and savings provisions. etc.
C 601999 No. Niger-Delta Development Commission (Establishment, etc.}» """, under that Decree (in this section referred to as "the dissolved Commission") is 2 consequentially dissolved. 3 (2) By virtueof this Act, there shallbe vested inthe Commissionimmediatelyat 4 the commencementof this Act, without furtherassurance,all assets,funds, resources 5 and other movable and immovable property which immediately before the 6 commencementof4j.isact werevested in the dissolvedcommission. 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 or'in equity, shall by virtue of this Act be assigned to and vested in the II Commission; 12 (b) any contract or instrument as is mentioned in paragraph (a) of this I3 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 ifinstead of the dissolvedcommission, 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 ofthis 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
, Niger-Delta Development Commission (&tablishment,etc.) r 1999 No. C61 the dissolved Commission as if this Act had not been made. 2 (5) Notwithstanding 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 favourable 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, ifhe thinks 10 fit, may, within twelve months after the commencement of this Act, by order.. II published in the Gazette, make additional transitional or saving provisions for <. '-,, 12 the better carrying out of the objectives of this section. 13 ~9. 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. 16 30. In this Act, unless the context otherwise requires-e- Ink:rpretalion. 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 (I) 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, Imo, Ondo and Rivers States. 25 31. This Act may be cited as the Niger-Delta Development Commission Citation. 26 (Establishment, etc.) Act 1999. -----------~-.. ------......
C 621999 No. Niger-Delta Development Commission (Establishment, etc.) 2 SCHEDULE SUPPLEl>!ENTARY PROVISIONS RELATING TO THE COUNCIL, ETC. Section 1(4) 3 Proceedings of the Council Cap. 192 LFN. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I -( I) Subject to this Act and section 27 of the Interpretation Act, the Council may make standing orders regulating its proceedings or those of any of its committees. (2) The quorum of the Council shall be the Chairman or the person presiding at the. meeting and 4 other members of the Council, and the quorum of any committee ofthe Commission shall be as determined by the Council. 2.-( 1) The Council shall meet whenever it is summoned by the Chair.man and ifthe Chairman is required to do so by notice given to him by not less than 4 other members, he shall summon a meeting of the Council to be held within 14 days from the date on which the notice is given. (2) At any meeting of the Council, the Chairman shall preside but if he is absent, the members present at the meeting shall appoint one of their number to preside at the meeting. (3) Where the Council desires to obtain the advice of any person on a particular matter, the Council may co-opt him to the Council for such period as it deems fit, but a person who is in attendance by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the Council and shall not count towards a quorum. Committees 3.-( I) The Council may appoint one or more committees to carry out, on behalf of the Council, such functions as the Council may determine. (2) A committee appointed under this paragraph shall consist of such number of persons as may be determined by the Council and a person shall hold office on r 26 the committee in accordance with the terms of his appointment. 27 28 (3) A decision of a committee of the Council shall be of no effect until it is confirmed by the Council.
Niger-Delta Development Commission (Establishment, etc.). 1999 No. C63 Miscellaneous 2 4.--{I)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 A specifically authorised 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 authorised by the Council to act for mat purpose. 10 (3) A document purporting to be a documentduly executed under the seal' 11 of the Commission shall be received in evidence and shall, unless and ll\1tilthe 12 contrary is proved, be presumed to be so executed 13 5. 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 ofa member of the Council or committee; 17 or 18 (<;) reason that a person not entitled to-do so took part in the proceedin~s 19 of the Council or committee. 20 MADEat Abuja this day of 1999. Commencement. OLUSEG1JN OBASANJO, GCFR, President, Commander-in-Chief of the ArmedForces, Federal Republic of Nigeria.