National Emergency Management Agency (Establishment, etc.) Decree 1999 (No. 12 of 1999)

NATIONAL EMERGENCY MANAGEMENT AGENCY (ESTABLISHMENT, ETC.) DECREE 1999 Decree No. 12 A539 [23rd March 1999] Commencement. THE FEDERAL MILITARY GOVERNMENT hereby decrees as follows PART I - ESTABLISHMENT, ETC . .OF THE NATIONAL EMERGENCY MANAGEMENT AGENCY AND THE GOVF.RNING COUNCIL 1.-(1) There is hereby established a body to be known as Esiablishment the National Emergency Management Agency (in this Decree of che National .c Emergency reLerred to as "the Agency"). Management (2) The Agency (a! shall be a body corporate v;itll perpetual succession: an<l (b) may sue and be sued in its corporate name. Agency. etc. 2.-( 1) There is hereby established for the management of Establishmem the Agency a governing council (in this Decree referred to as "the and membership of the Governing Council"). Council of the Agency, (2) The Council shall consist of (a) the Chief of General Staff who shall be the \....,nairman; (b) the Secretary to the Government of the Federation; (c) one repre,entative each of the following ~ederal Ministries who- shall not be below the rank of a Director, that is A 540 1999 No. 12 National Emergency Management Agency (Establishmenl, etc.) (i) Aviation, (ii) Foreign Affairs, (iii) Health, (iv) Internal Affairs, (v) Transport, (vi) Water Resources, (vii) Works and Housing; (d) one representative each cf (i) the Armed Forces, (ii) the Nigerian Police Force, (iii) the Nigerian Red Cross Society, (iv) such voluntary organisations as may be determined from time to time; and ( e) the Director-General of the Agency. (3) The Chairman and other members of the Council, other than ex officio members, shall be (a) appointed by the Head of State, Commander-in Chief of the Armed Forces; and (b) persons of proven integrity and ability. Schedule. (4) The supplementary provisions set,out in the Schedule to this Decree shall have effect with respect to the proceedings of the Council and the other matters contained therein. Tenure of office. 3. Subject to the provisions of section 4 of this Decree, a member of tQe Council, other than ex-officio members, shall each National Emergency Management AgenGy (Establishment, etc.) 1999 No. 12 A 541 (a) for a tenn of 4 years in the first instance and may be re-appointed for a further term of 4 years and no more; and (b) on such terms and conditions as may be specified in his letter of appointment. 4.-(1) Notwithstanding the provisions of section 3 of this Cessation of Decree a person shall cease to hold office as a member of the membership. Council if (a) he becomes bankrupt, suspends payment or compounds with his creditors; or (b) he is convicted of a felony or any offence involving dishonesty or fraud; or (c) he becomes of unsound.mind, or incapable of carrying out his duties; or ( d) he is guilty of a serious misconduct in relation to bis duties; or le) in the case of a person possessed of professional qualifications, he is disqualified or suspended, other than at his own request, from practising his profession in any part of the world by an qrder of a competent authority made in respect of that member; or (t) he resigns his appointment by a letter addressed to the . . Head of State, Commander-in-Chief of the Armed Forces. (2) If a member of the Council ceases to hold office for any reason whatsoever, before the expiration of the tenn for which he is appointed, another person representing the same interest as that member shall be appointed to the Council for the unexpired term. (3) A .rµembet of the Council may be removed by the Head of State, Commander-in-Chief of the Anned Forces if he is satisfied that it is not in the interest of the Agency or the interest of the public that the member continues in office. A 542 1999 No. 12 Narional Emergency Managemenr Agenly (Estab.lishmenl, ere.) Allowances of members. Functions of the Agency. 5. 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 AGENCY, ETC. 6.-(1) The Agency shall (a) formulate policy on all act1v1t1es relating to disaster management in Nigeria and co-ordinate the plans and programes for efficient and effective response to disasters at national level; (b) co-ordinate and promote research activities relating it, disaster management at the national level; (c) monitor the state of preparedness of all organisations or agencies which may contribute to disaster management in Nigeria; (d) collate data from relevant agencies so as to enhance forecasting, planning and field operation of disaster management; (e) educate and inform the public on disaster prevention and control measures; (f) co-ordinate and facilitate the prov1S1on of necessary resources for search and rescue and other types of disaster curtailment activities in response to distress call; (g) co-ordinate the activities of all voluntary organisations engaged in emergency relief operations in any part of the Federation; (h) receive financial and technical aid from international organisations and non-governmental agencies for the purpose of disaster management in Nigeria; (i) collect emergency relief supply from local, foreign - --..:1 .f .. ,.....,.,., int~rnational and nonJgovernmental Nc,lional £111erge11Gy 1Ha11agement Agen9:(£stablislm1ent, etc.) 1999 No. 12 A 543 (j) distribute emergency relief materials to victims of natural or other disasters and assist in the rehabilitation of the victims where necessary; (k) liaise with State Emergency Management Committees established under section 8 of this Decree to assess and monitor where necessary, the distribqtion of relief materials to disaster victims; (1) process relief assistance to such countries as may be determined from time to time; (m) liaise with the United National Disaster Reduction Organisation or such other international bodies for the reduction of natural and other disaster; (n) prepare the annual budget for .disaster management in Nigeria; and (o) perform such other functions which in the opinion of the Agency are required for the purpose · of achieving its objectives under this Decree. (2) For the purpose of paragraph (e), (t), G), (k) and (m) of subsection (1) of this section "naiural or other disasters" -includes any disaster aris~"lg from any crisis, epidemic, dr011ght, flood, earthquake, storm, train, roads, aircraft, oil spillage or other accidents and mass deportation or repatriation of Nigerians from any other country. 7. The Council shall have power to (a) manage and superintend the affairs of the Agency; (b) subject to the provisions of this Decree, make, alter and revoke rules and regulations for carrying on the functions of the Agency~ ( c) fix the terms and conditions of service, including remuneration of the employees of the Agency after consultation with the Federal Civil Service Commission; and Powers of the Council. A 544 1999 No. 12 National Emergency Management Agency (fatablishment, etc.) Establishment of State Em erg~ncy Management Committees. etc. ( d) do such other things which in the opinion of the Agency are necessary to ensure the efficient performance of the functions of the Agency. PART ID - ESTABLISHMENT OF STATE EMERGENCY MANAGEMENT COMMITTEES, ETC. 8.-(1) There is hereby established for each State of the Federation, a State Emergency Management Committee (in this Decree referred to as "the State Committee"). (2) The State Committee shall consist of (a, the :\dmi11istrator of the State, who shall be the Chairman; (b) the Secretary to the State Government; ( c) one representative each from (i) the State Ministry of Women and Social Welfare, (ii) the State Ministry of Health, (iii) the State Ministry of Works, (iv) the State Fire Service, (v) the Federal Airport Authority of Nigeria, (vi) the State Environmental Protection Agency, (vii) the Agency, (viii) the Commander of the Disaster Reaction Units, (ix) the Nigerian Police Force, (x) the Federal Road Safety Commission, National Emergency /'vfanagement Agency (Establishment, etc.) 1999 No. 12 A 545 (xi) the Nigeria Security- and Civil Defence Corps, (xii) the Nigerian Red Cross Society, (xiii) the National Maritime Authority in coastal States. (3) The members of the State Committee shall (a) be persons of proven integrity; (b) other than ex-officio members, hold office on such term as may be specified by the Administrator of the State; (c) be appointed by the Administrator of the State; and ( d) be paid such allowances as the Administrator of the State may, from time to time. determine. (4) The State Committee may make rules regulating its own proceedings. (5) The provisions of section 4 of this Decree shall apply mutatis mutandis to the State Committee. 9. The State Committee shall (a) notify the Agency of any natural or other disasters occurring in the State; (b) respond to any disaster within the State and may seek assistance from the Agency if it deems fit in each circumstance; (c) carry out disaster management activities in the State as may, from time to time, be recommended by the Agency; and (d) be accountable to the Agency for all funds accruing to it for purposes of discharging its functions under this Decree. Functions of the State Committee. A 546 1999 No. 12 National £111erge119, Management Agency (Establishment, etc.) PART IV - STAFF Appointment of 10.-(1) There shall be for the Agency, a Director-General, Director-General who shall be appointed by the He.ad of State, Commander-in-Chief oflhe Agency. of the Armed Forces. Appointment of other staff of the Agency. Service in the Agency to be pensionable. Cap. '.346 LFN. (2) The Director-General shall be (a) the chief executive and accounting officer of the Agency; (b) responsible for the day-to-day administration of the Ag,ency. (3b The Director-General shall hold office on such terms and conditions as are specified in his letter of appointmem. 11. -( 1) The Council shall appoint for the Agency such number pf employees as may in the . opinion of the Council be expedient and necessary for the proper and efficient performance of the functions of the Agency. (2) The terms and conditions of service (including remuneration, allowances, benefits and pensions) of the employees of the Agency shall be as determined by the Council after consultation with the Federal Civil Service Commission. 12.-(1) Service in the Agency shall be approved service for the purposes of the Pensions Act. (2) The officers and other persons employed in the Agency 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 (1) 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·, National Emergency Management Agency (Establishment, etc.) 1999 No. 12 A 547 other than the power to make regulations under section 23 thereof, is hereby vested in and shall be exercisable by the Board, and not by any other p,~rson or authority. PART V - FINANCIAL PROVISIONS 13.-(1) The Agency shall establish .and maintain a fund from whrch shall be defrayed all expenditure incurred by the Agency. (2) There shall be paid and credited to the fund established pursuant to subsection (1) of this section (a) any allocation to the Agency from the Federation Account; (b) 20 per cent of the 2 per cent of the Ecologic~ Fund for the management of ecologically related disasters; (c) such moneys as may, from time to time, be granted or lent to the Agency by the Federal Government or a State Government or a Local Government Council; (d) such money as may, from time to time, be granted or received from (i) the organie~d private sector, (ii) international or donor organisations and non Governmental organisations; ( e) all moneys raised for the purposes of the Agency by way of gifts, loan, grants-in-aid, testamentary disposition or otherwise; (f) such money as may be received from the National Emergency Trust Fund; and (g) all other assets that may, from tiine to time, accrue to the Agency. (3) The fund shall be managed in accordance with the rules made by the Head of State, Commander-in-Chief of the Armed Fund of the Agency. A 548 1999 No. 12 National Emeq;ency Management Agency(fatablishment, etc.) Forces, and without prejudice to the generality of the power to make rules under this subsection, the rules shall in particular contain provisions (a) specifying the manner in which the assets o.r the fund of the Agency are to be held, and regulating the making of payments into and out of the fund; and (b) requiring the keeping of proper accounts and records for the purpose of the fund in such form as may be specified· in the rules. Expenditure of 14. · The Agency shall apply the proceeds of the fiind the Agency: established pursuant to section 13 of this Decree to Gifts to the Agency Award of contract. (a) the cost of administration ·of the Agency; (b) the payment of salaries, fees, remuneration, allowances, pensions and gratuities payable to the Council members and the employees of the Agency; (c) the payment for all contracts, including mobilisation, 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 Agency under this Decree. 15.-(1) The Agency may accepts gifts of land, money or other property on such terms and conditions, if any as may be specified by the person or· organisation making the gift. (2) The Agency shall not accept any gift if the conditions attached by the person or organisation making the gift are inconsistent with the functions of the Agency under this Decree. 16.-(1) The Agency shall have power to award contracts not exceeding the sum of N 30 million for the performance of any of its functions under this Decree. National Emergency Management Agency ( Eswhlisl,ment. etc.) 1999 No. 12 A 549 (2) The Agency shall not award a contract exceeding the said sum of :N30 million without the prior approval of the Head of State, Commander-in-Chief of the Armed Forces. 17.-(1) The Agency may, with the consent of the Head of Power to borrow. State, Commander--in-Chief of the Armed Forces, borrow, on such terms ~d conditions as the Agency may determine, such sums of money as. the Agency may require in the exercise of its functions under this Decree. (2) The Agency shall not, without the approval of the Head of State, Commander-in-Chief of the Anned Forces, borrow money which exceeds, at any time, the limit set by the Head of State, Commander-in-Chief of the Anned Forces. (3) Notwithstanding subsection (2) of this section, where the sum to .be borrowed is in foreign currency, whether or not it exceeds the limit set by the Head of State, Commander-in-Chief of the Armed Forces, the Council shall not borrow the sum without the prior approval· of the Head of State, Commander-in-Chief of the Amied Forces. 18.-(1) The Coµncil shall, not later than 30th September in AMual estimates each year, submit to the Head of State, CoI1lillander-in-Chief of aod expenditure. the Armed Forces an estimate of the· expenditure and income of the Agency during the next succeeding year. (2) The Council shall cause to be kept proper accounts of the Agency in .respect of each ·year and proper· records in relation thereto and shall cause· the accounts to be audited· ·not la.ter than 6 months after the end of each year by auditors -appointed froni- the list and in accordance with the guidelines supplied by the Auditor General for the Federation. 19. The Council shall prepare and submit to the Head of Annual report. State, Commander-in-Chief of the Anned Forces, ·not·tater than 30th June in each year, a report in such form as the Head of State, Commander-in-Chief of the Armed Forces may direct on the activities of the Agency during the immediately preceding year, and shall include in the report a copy of the audited accounts of the Agency for that. year and the auditor's report thereon. A 550 1999 No. 12 National Emergency Management AgenlJ' ( fatablishmcmt, etc.) PART VI-MISCELLANEOUS Requisition, etc 20.-(1) In the exercise of its functions under this Decree, Offices and premises of the Agency. Cap. 202 LFN. the Agency may demand by requisition from any organisation, any available equipment, facilities or personnel which may assist in a speedy and effective search and rescue operation and any other form of disaster operation during a period of emergency. (2) Any organisation whi~h (a) willfully obstructs or impedes the Agency or any person acting under the authority of the .Agency in the exercise of any powers or duties under this Decree; or (b) without reasonable excuse fails to (i) render assistance or release ·any available equipment, facility or. personnel required . for a search and rescue. operation or other disaster curtailment activities, or (ii) comply with a directive of the Agency, is guilty .of an offence and liable on conviction to a fme not exceeding W50,000 or imprisonment for a tenn of 6 mo11ths or to both · such fine and imprisonment. (3) The Agency shall provide compensation for loss or damage arising from the use of any equipment, facility or personnel required under this section of this Decree. 21.-(1) For the.purposes of providing offices and premises necessary for the performance of its functions under this .Decree, the Agency 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. National Emergency Management Agenly (Establishment, etc.) 1999 No. 12 A 551 (2) The Agency 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 Decree. 22. Subject to the provisions of this Decree, the Head of Directives by State, Commander-in-Chief of the Armed Forces may give to the the Head of ~tate, Agency directives of a general nature or relating generally to ~~~7:r-m matters of policy with regard to the performance by the Agency of A;edo For:es. its functions and it shall be the duty of the Agency to comply with the directives. 23.-(1) The National Emergency Relief Agency Act is hereby repealed and accordingly the Agency established under that Decree (in this section referred to as "the dissolved Agency") is consequentially dissolved. (2) By virtue of this Decree, there shall be vested in the Agency immediately at the ·commencement of this Decree, without further assurance, all assets, funds, resources and other movable and immovable property which immediately before · the· commencement of this Decree were vested . in the dissolved Agency. (3) As from the date of commencement of this Decree (a) all rights, interests, obligations and liabilities of the dissolved Agency existing before the commencement of this Decree under any contract or instrument, or in law · or in equity, shall by virtue of this Decree be assigned to and vested in the Agency established by this Decree~ (b) any contract or instrument as is mentioned in paragraph (a) of this subsection shall be of the same force and effect against or in favour of the Agency established by this Decree and shall be enforceable as fully and effectively as if instead of the dissolved Agency, the Agency:established by this Decree had been named therein or had been a party the.teto; (c) the Agency established by this Deere~ shall be subject to all the obligations and liabilities to which the dissolved Repeal of Cap 257 LFN and saving provision. etc. A 552 1999 No. 12 National Emergency Management Agency (Establishment, etc.) Agency was subject immediately before the commencement of this Decree and all other persons shall have the same rights, powers and remedies against the Agency as they had against the dissolved Agency immediately before the commencement of this Decree. ( 4) Any proceedings or cause of action pending or existing immediately before the commencement of this Decree by or against the dissolved Agency in respect of any right, interest, obligation or liability of the dissolved Agency may be commenced or continued, as the case may be, and any determination of any court of law, tribunal or other authority or person may be enforced by or against the Agency to the same extent that the proceedings, cause of action or determination might have been continued, commenced· or enforced by or agamst the d1ssolveu Agency as if this Decree bad not been made. (5) Notwithstanding the prov1s10ns of this Decree but subject to such directions as may be issued by the Agency established by this Decree, a person who immediately before the commencement of this Decree held office in the dissolved Agency shall be deemed to have been transferred to the Agency established by this Decree on terms and conditions not less favourable ·than those obtaining immediately before the commencement of this Decree, and service in the dissolved Agency shall be deemed Jo be service in the Agency established by this Decree for purposes . of pension. (6) The Head of State, Commander-in-Chief of the Armed Forces, if he thinks fit, may, within twelve months after the commencement of this Decree, by order published in the Gazette, make additional transitional or. savings provisions for the . better carrying out of the objectives o f this section. Regulations. 24. The Agency may, with the approval of the Head of State, Commander-in-Chief of the Armed Forces, make regulations, generally for the purposes of giving full effect to this Decree. Interpretation. 25. In this Decree, unless the context otherwise requires "Aeency" means the National Emergency Management 1 -r .i.;., n...,.rp~: National Emergency Management Agency (Establishment, etc.) 1999 No. 12 A 553 "Chairman" means the Chairman of the Council; "Council" means the governing council established for the Agency under sectiori 2(1) of this Decree; "member" means a member of the Council and includes the Chairman. 25. This Decree may be cited as the National Emergency Management Agency (Establishment, etc.) Decree 1999. SCHEDULE Section 2(4) SUPPLEMENTARY PROVISIONS RELATING TO THE COUNCIL, ETC. Proceedings of the Council 1.-(1) Subject to this Decree and section 27 of the Citation. Interpretation Act, the Council may make standing orders Cap. !92 LFN. 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 5 other members of the Council, and the quorum of any committee of the Council shall be as determined by the Council. 2. -( 1) The Council shall meet whenever it is summoned by the Chairman and if the Chairman is rt!quired to do so by notice given to him by not less than 8 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. A 554 1999 No. 12 National Emergency Management Agency (Establishment, etc.) Committees 3. -(1) 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 the committee in accordance with the terms of his appointment. (3) A decision of a committee of the Council shall be of no effect until it is confirmed by the Council. Miscellaneous 4. -( 1) The fixing of the seal of the Agency shall be authenticated by the signatures of the Chairman, the · Director General or any person generally or specifically authorised by the Council to act for that purpose. (~) Any contr~ct or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the Agency by the Director-General or any person generally or specifically authorised by the Council to act for that purpose. (3) A document purporting to be a document duly executed under the seal of the Agency shall be received in evidence and shall, unless and until the contrary is proved, be presumed to be so executed. 5. The validity of any proceedings of the Council or of a committee shall not be adversely affected by (a) a vacancy in the membership of the Council or committee; or (b) a defect in the appointment of a member of the Council or .committee; or National Emergency Management Agency (&tablishment, etc.) )999 No. 12 A 555 ( c) reason that a person not entitled to do so took part in the proceedings of the Council or committee. MADE at Abuja this 23rd day of March 1999. GENERAL ABDlJLSALAMI ALHAJI ABUBAKAR, Head of State, Commander-in-Chief of the Armed Forces, Federal, Republic of Nigeria. EXPLANATORY NOTE (This note does not form part of the above Decree but is intended to explain its purport) This Decree provides, among other things, for (a) the repeal of the National Emergency Relief Agency Act; (b) the establishment of a new National Emergen;;y Management Agency which sfoul be charged with responsibility for disaster ~nagement in Nigeria. PUBLISHED BY A1.1THORITY OF THE FEDERAL Mu.JTARY GoVER~!MENT OF NCOERIA AND PRINTED BY THE MINISTRY OF INFORMATION AND CULTURE, PR!NTlNO DEPAKTMEN1. LAOOS