Borno Geographic Information Service (BOGIS) Law, S.L. no. 1 of 2019

2. This Law shall come into operation on the.l~..... Dav Citation and of.. .N~i?JM~ .... ,,, .. , ..,, ,.2019 • Commencement

3. In this Law unless the context otherwise requires:- Interpretation "Board" means the Governing Board of the Service; "Executive Secretary" means the Executive Secretary of the Service; "Governor" means the Governor of Borno State: "Member" means a member of the Governing Board and includes the Chairman; "Person" includes any individual, partnership, firm, company, corporation (statutory or otherwise), joint venture, trust, association, organization or other entity, in each case whether or not it has a separate legal personality; "Service"· or "BOGIS" means Borno Geographic Information Service established under section 4 of this Law; "State" means the Bomo State of Nigeria and; A2 No. 49, Vol. 44, 5th December, 2019 Bonzo State ofNigeria Gazette 'The Fund'. means the fund established for the ~cn·icc pursuant 10 Section 27 hereof. "Legal" adviser" "House" Bomo State House of Assembly PART 11 ESTABLISHMENT, FUNCTIONS AND POWERS OF THE SERVICE 4(1). There is hereby established, a body to be known as Borno State Geographic Establishment Information Service in this Law referred to as ''the Service" OF BOGlS (2). The Service shall be a body corporate" ilh pupclu,d succcssiun and a common seal and may: (a) sue and be sued in its corporate name; and (b) hold acquire and disposed of any property moveable or immovable (c) Grant charges or interest on any movable or immovable property. (3). l'he Service shall be domiciled under the office of the Governor. 5(1). The Service shall have the responsibility for administration and management Funclionsor of land matters in the State including all issues relating to title. registration. the Service searches and such other responsibilities as may be determined by the Governor. I (2) The service shall undertake the following duties:- (a) ensure that efficient and reliable Services imd secured products are made available to all stake holders and to advance good governance and transparency of land management in the State. (b) introduce, implement and sustain best practices for land tenure ship and title certification in the State. (c) receive, conduct due diligence on, and verify applications for issuance of Right of Occupancy for land or the grant of other rights over land or subsequent transactions in lands within the State. (d) develop and maintain a database of all land within the State particularly with respect to history, location, size, use and other related issues: (e) permit access to existing data on land for the purpose of conducting title searches for members of the public at a fee to be prescribed form time by the Service. (t) ensure confonnity with the national Standard concerning geospatial data; and (g) undertake such other activities as may be required for the efficient management and administration of land matters in the state. A3 No. 49, Vol. 441 5th December, 2019 Borno State ofNigeria Gazette (3). to develop and maintain a geospatial infor111,1tin11 Sys1..:m or such :ipprnpriate System and structures in the State for research and land management.

6. The Service shall subject to the appro\ al or th~ governor liavc Lhc following Powers of powers: the Service (a) Acquire. provide, deploy and manage software and hardware for storing, assembling. manipulating and displaying gcospatial reference material (b) Establish a central geospatial infonnation c!l!arin~ house and set standards in relation to the quality and format of geospatial information (c) Plan, establish and manage a directory of geospatial information and the resources available within the state. (d) Coordinate geospatial information System projects, including overseeing the development and maintenance of base maps and geospatial information System throughout the state. (e) Provide consultancy Services and technical assistance. education and training on the application and use of gcos11atial information technologies; (t) Maintain, update and interpret geospatial information and gcospatial information System standards: (g) Provide geospatial information Services, as requested, to persons wishing to augment their geospatial information Systems capacities upon payment of the prescribed fees: (h) In cooperation with other relevant agencies of the government, evaluate, participate in pilot studies. make recommendation on gcospatial infonnation Systems, hardware and software. (i) Provide staff support and technical assistance to all level of government on geospatial infomrntion System and policies; U) Coordinate and provide overview of geospatial information Systems activities throughout the state. (k) Review and submit to the governor ror approval. all proposed gcospatial information System projects in the State. (I) Pursue funding strategies to continually develop and maintain up-to-date geospatial infonnation Systems solutions for the entire State; (m) Provide technical support to assist other agencies of the government or other persons who wish to incorporate geospatial information System capabilities in their activities and Systems. (11) To charge such fees as are appropriate for its scn ices and: (o) Undedake all other steps and initiatives as required for the proper administration of this bill throughout the state. (p) Exercise such other powers as are incidental to the discharge of its responsibilities . A4 No. 49, Vol. 44, 5th December, 2019 Borno State ofNigeria Gazette PART Ill GOVERNING BOARD OF THE STATE 7( 1). There is hereby established for the service a Governing. Board which shall Eslablishmenl and consist of: composition of (a) A Chairman who shall be u person with wgnatt: experience in Public lhe Governing Service or Private Sector. who shall be appointed by the Governor. subject Board to the conforming by the House. (b) Three Members. one each from the three senatorial districts in the State at least one whom shall be a woman; (c) One representatives not below the rank of a Director from Ministries responsible for: (i) Finance (ii) Justice (iii) Environment (iv) Local Government and Emirate Affoirs (v) Agriculture (d) A rep.resentative of the Borno State Board of Internal Revenue not- below the rank of a Director; (e) A representative of Borno Chamber of Commerce. Industry. Mines and Agriculture (BOCCIMA); (t) The Executive Secretary of the Sen·ice: (g) The Legal Adviser of the Service. (h) Survey- General. (i) A representative of urban development Board of the State (j) A representative of Traditional Rulers of the State (2). All Members shall be part-time Members except the Executive Sccretary and Legal Adviser.

8. The governing Board shall have power to: Powers of the (1). Do all things which by this Law or any other enactment or administrative Board directive are or permitted to be clone by the Board. (2). Delegate its power to any Member or Official and authorize any such Member or official to perform any of its functions of the Service. subject to any limitation imposed by the Law. (3). From time to time, borrow by way of overdraft or otherwise, such sums as it may require for the effective discharge of its functions under this Bill. AS No. 49, Vol 44, 5th December, 2019 Borno State ofNigeria Gazette (4). Appoint, promote and discipline the staff of the Service as may appear to it necessary or expedient. (5 ). Consider the resignation or withdrawal of appointment of staff of the Service. (6). Periodically review BOGIS policies and strutcgics tor the attainment of an efficient geospatial data. infrastructure and land administrative System in the State and provide direction and general guidance to the Executive Secretary.

9. Subject to the provisions of this law, the Governor may give to the Service and Directive by governing Board such directives of a general or specific nature relating to Governor particular functions and it shall be the duty of the Service and the governing Board to comply with such directive.

10. Subject to the approval of the Governor, the Service shall comprise of such Departments number of departments as may be required to exercise its powers and discharge its duties and functions under this law.

11. Members shall hold office for u period of four years renewable for further Tenure of office period of four years. or Members

12. The office ofa member shall become vacant if; Cessation from office (a) his tenure of office elapses; (b) he resigns by notice in writing to the Governor: (c) he dies; 13( I) A member may at any time be removed from office by the governor on the Removal from office occurrence of any of the following; (a) he becomes bankrupt; (b) he is convicted for a felony or any offence involving dishonesty or fraud; (c) he becomes of unsound mind or incapable of carrying out hi!> tluties; (d) he is found guilty of serious misconduct in rt:lation to his dutit:s: (e) in the case of a person possessed of professional qualification. he is disqualified from practicing his profession: (t) in the opinion of the Governor, it is in the interest of the of the Service and the ptlblic that the member be relieved of his membership. (2). Where an office becomes vacant. the Governor shall appoint a fit and proper person for the reminder of the term of the office and the successor shall represent same interest. A6 No. 49, Vol. 44, 5th December, 2019 Bomo State ofNigeria Gazette Remunera1io11 neration, allowances and

14. There shall be paid to every member such remu of Member of lht Board benefits as may be detennined by the Governor. may b..: considc:red expc:dient Meetin& or the

15. (a) The Board shall meet quarterly or as Board for the effective discharge of its functions . of the Board and where the (b) The chairman shall preside over the meetings the members prc:s.:nt at chairman is unable to attend a particular meeting, the meeting shall select ont: of tht:m Lu pn:siul!. Ad -hoe I 6( I). The Board may appoint such numh t:r or swnding nr ad-hoe commi11ees as it Comm irtees 1.:r "ith v. hich the Service is deems fit to consider and report on any 111a11 concerned. ection (I) of this section shall he (2). Every committee appointed under sub-s be made up of a number of presided over by a member of the Board and shall as the Board may determine in persons, not necessary members of the Board each case. dient or desirable to obtain the Pow~ rro

17. Whenever in the opinion of the Board it is expe matter unuer consideration by the co-op r service or advice of any person on any meeting of the Board as may Board, the Board may co-opt such person at such and privileges of a member, be requested and such person shall have the right 4ues1io11 or be cowued towards save that he shall not be entitled to vote on any a quorum. or co111111i1tc:e thereof. shall not Valid ity of

18. The validity of any proceedings of the Board proce ed in be adversely affected by: d: (a) any vacancy in the membership of the Boar not entitled to do so. took part in the proceedings; (b) by reason that a person or ber of the Board or committee (c) by any defect in the appointment of a mem thereof. le majority or the members. Quoru m

19. The quorum at meeting of the Board shall be simp Disclosu re A mem ber of the Board who is in any way directly or indirectly interested in a of inlere st 20( I) ose rhe nature of his interest at by Membl!rS transaction or project of the Service shall discl be recorded in the minutes or the Board a meeting of the Board. and such disclosure shall take part in any deliberations books of the service. and the member shall not transaction or project. or decision of the Board with respect 10 that section. a general notice given at a (2) For the purpose of sub-section ( l) of this t that he is associated with any meeting of the Board by a member to the effec A7 No. 49, VoL 44, 5th December, 2019 Borno State ofNigeria Gazette trade or business or he is a member of a specified company or firm and is lo be regarded as interest in any transaction of project of the service concerning the trade, business, company or firm shall be regarded as sufficient disclosure of his interest in relation to that transaction or project. (3) A Member of the Board may not attend in person a meeting of the Board in order to make a disclosure which he is required to make under this section if he takes reasonable steps to ensure 1ha1 1111.: discllisur\.' is rnack h~ a notice which is brought up and read at the meeting.

21. (a) All questions at meeting of the Board shall be determined by a Votini: majority of votes of members present. (b) At any meeting of the Board. Each member shall have a vote and if there is equality of votes. the presiding chairman shall have a second or casting vote. PARTIV MANAGEMENT AND STAFF OF THE SERVICE 22( I). The Governor shall appoint an Executive Secretary as the chief Executive and Executive Accounting Officer of the Service. who shall be responsible for the day 10 day Secretary administration of the Service. (2) The Executive Secretary shall hold office for a term nf tive (5) years and may be renewed for another term only. (3) The Executive secretary shall be a person with 1101 less than 10 years cognate experience in geospatial information system. information Technology or land administration. (4) The Executive Secretary shall be paid such remuneration and allowances as may be determined by the governor. 23( 1). Without limits to the generality of the foregoing, the Executive Secretary shall perform and exercise the powers and all the functions of the commissioner responsible for land matters in the Land Use Act and the following. (a) Annually prepare the draft business plan of the Servici: for the ensuing financial years and submit the plan to the Board for approval; (b) Submit within three (3) Months of his appointment the propost:d personnel requirement, remuneration of the personnel or the service and their conditions of service based on the approved organizational plan; A8 No. 49, Vol. 44, 5th December, 2019 Borno State of Nigeria Gazette (c) Recommend to the Board for Recrui tment and appointment the personnel needed in accordance with the terms of the scheme.: submi11ed and approved in line with the provisions of this Law. (d)Anend meetings of the Board and keep the Board informed on a regular bases of the perfonnance of the Services. (e) Ensure compliance with measure approved by the Board with respect to good governance. (2) In preparing the organizational plan of the service. the executive secretary shall ensure that the service is structured imo di\'isions. departments or sections to comprehensively cover all its functions following sound organizational practice. 24( I). There shall be appointed by the Governor a secretary/Legal Adviser to th< Secretary/ Legal Board who shall be a Legal practitioner with not less than ten ( I 0) years post- Adviser call experience. (2) The legal adviser shall be secretary of the Board and shall be responsihle for: (i) The performance of the legal functions of the service and administration of the secretariat. (ii) Keeping the books and proper records of the proceedings of the Board. (iii) Conveyin g decisions of the Board to its members. Sta ff of the 25(1). The Board may subject to the npproval of the Cim·crnor. from time to time appoint such other employees as it may deem necessary. to enable it effectively Service perform its functions under this Law. (2) The Board may specifically delegate to the Executive Secretary the power to appoint such categories of staff of the service as the Roard ma~ from time to time specify. (3) The staff of the Service shall be public servants in the service of Borno State. (4) The service shall grant pension and gratuities in accordance with the pension Law of the State. (S)The Service may engage such consultants nnd Advisers in such areas where they have technical deficiency. 26(1 ). The service may make staff Regulations relating generally to the conditions of Starr re&utation service of its employees. (2) Pending the publ ication of the Regulations described in subsection (I) of this section; the employment of the staff of the service shall be governed by the A9 No. 49, Vol. 44, 5th December, 2019 Borno State ofNigeria Gazette terms and conditions generally applicable to officers in the public service of the state. (3) Staff Regulations issued by the service under Subsection (I) or this section shall not have effect until approved by the Board and publisht:d in the Gaze1t1:. PARTY FINANCIAL PROVISIONS 27( I). The service shall establish and maintain a fund "hich shall consist of: Fund or the (a)Such sums as may be appropriated by the State: J-Jouse of Assc:mbly by way Service ofannualsubvention; (b) All other sums accruing to the service by way of grants, gifts, testamentary dispositions, endowments, bequests and donations made to the service. (c) Income from any investment or other property acquired by or vested in the service. and (d) A percentage as stipulated by the governor and nrpropriated by the state House or Ass<,:mbly of not more than Jivt: ( 5%>) of all rclnted revenues collected in the preceding financial year. which sum shall be deployed to pay part or all the capital and recurrent expenditure of the service. (e) such other sums as may accrue from time to time to the service. 28( I). The service shall. not later than 301h June in each year. submit to the Governor, Annual an estimate of its expenditure and income ( including. estimate expected Estimates and Accounls payments into the Fund) during the next succeeding year. (2) The service shall keep proper accounts in a form which conforms to accept accounting standards and proper records in relation thereto and the account shall be audited as provided in subsection (3) of this section. (3) The accounts of the service shall be audited at the end of each calendar year by auditors appointed by tile Auditor-General of the State in accordance with Financial Regulation and the fees of the auditors and the expenses for the audit shall be paid from the fund.

29. The service shall, not later than 30' 11 June in each year. submit to the Governor Annual a report on its activities and administration during the immediate preceding Report year and shall include in the report the audited accounts or the service. PART VI GENERAL PROVISIONS

30. The service may accept any gift, technical assistance, grant or donation of land, Girts and money or other property from any person upon such terms and conditions Donation to acceptable to the service. the Service AlO No. 49, Vol. 44, 5th December, 2019 Borno State ofNigeria Gazette 31( 1). For purpose of carrying out the functions conferred on the service under this Rii:hr or Law, the Executive Secretary or any employee of the service duly authorizes Access 10 in that behalf; information (a) shall have a right of access to all relevant geospatial records, data and infom1ation of any person in the state . (b) May, by notice in writing served on any person require such person to furnish or cause to be furnished geospatial information or other similar information held by or available to such person on such matters as may be spe<.:i tied in the notice. (2) It shall be duty or any person required to furnish i11formation pursuant to subsection( 1) of this section to comply with the notice \\ ithin the period specified in the notice or where no period is specified, within a reasonable period. 32() ). The Service may subject to the approval of the governor by an order published Regulations in the Gazette, make Regulations for the effective operation of this law and the due administration thereof. • (2). The Service shall have power to review charges for Services rendered from time which shall be published in the Gazene.

33. Any person who; (a) Interferes or obstructs the Service of any authorized officer or the Service in the exercise of any powers conferred 011 it hy thi~ la,,. or (b) Fails to comply with any lawful enquir~ or req uirements made by an authorized officer in accordance with the provisions of this law commits an offence and shall be liable upon conviction to a fine not exceeding one Hundred Thousand Naira (NI 00,000.00) or imprisonmenl for a Lenn not exceeding three months or to both such fine and imprisonment.

34. No suit shall be commenced against the Service before the expiration of a Le&al period of 30 days after written notice of intention to commence the suit shall Proceedings have been served upon it by the intending Pl;:iinriff or hie; :igen1 ,1nd the notice shall clearly and explicitly state; (a) the cause of action; (b) the particulars of claims; and (c) the re.lief which he claims. 35( I). The fixing o f the Seal or the Scn·ice shal I be au1hcntic:11cd h~· the signature: of Commo11 the Executive Secretary or such other rnemher authorized generally or Seal specifically by the Board. All No. 49, Vol. 44, 5th December, 2019 Borno State ofNigeria Gazette (2). Any contract or instrument. "hich if made by person nut being a body corporate, would not be required IO be made under seal. may he made or executed on behalf of the Service by the E:xecuti \'e Secretm·~· or by any other person generally or specially authorized b~ the Board. (3). Any document purporting to be a contract, instrument or other document signed or sealed on behalf of the Service shall be received in evidence and. unless the contrary is provided, be presumed. without further proof to have so signed or sealed.

36. No member or staff of the Agency shall be sued in his personal capacity for lndemnily any act done or omitted to be done in the la\1 ful perfurma111:c ur hi:. duties under this Law. 37(1) Al the coming into operation of this Ln"·· the ser-·icc herein created shall Savings replace the Ministry of Land and Survey ll'hich shall cease to exist. (2). All staff of the defunct Ministry who has the requisite qual ilic:it ion. skills and experience as the Service may determine shall h~ :il"Prhcd into thl' \~•n·ke while those that cannot be absorbed shall be posted to other relevant government ministries. boards. departments or agencies as may be appropriate. (3 ). The rights, interest, assets and liabilities of the Ministry of Land and Survey before the commencement of this law are hereby vested in or transferred to the Service. EXPLANATORY NOTE This note does not form part of this law but intend to explain its purpose. The purpose of this law is to establish the l:3ornu Geographi1: Informatio n Service (BOG IS) to replace the defunct Ministry of Land Survey with ohjccti ve of 1:omputerizing all land transactions. records and information for a robust and elle1:tive land administration system throughout the state A12 No. 49, Vol. 44, 5th December, 2019 Borno State ofNigeria Gazette EXPLANATORY NOTE This printed impression has been carefully compared by me with the Bill which has passed the Borno State House of Assembly and found by me to be a true and correctly printed copy Of the Law. IBRAHIM AUDU NGULDE CLERK OF THE BORNO STATE HOUSE OF ASSEMBLY