North Central Development Commission (Establishment) Act, 2024

1. Establishment of North Central Development Commission

2. Establishment of the Governing Board

3. Tenure of office

4. Rotation of office of Chairman

5. Resignation, cessation or removal from membership of the Board a

6. Allowances of members PART II — FUNCTIONS AND POWERS OF THE COMMISSION

7. Functions and powers of the Commission

8. Powers of the Board PART HI — STRUCTURE OF THE COMMISSION

9. Structure of the Commission

10. Management Committee

11. Establishment of the North Central Development Advisory Committee PART IV — STAFF OF THE COMMISSION '

12. Staff of the Commission

13. Pension PART V — FINANCIAL PROVISIONS

14. Fund of the Commission

15. Expenditure of the Commission cal

16. Gift to the Commission

17. Power to borrow

18. Annual estimates and expenditure 19, Quarterly report

20. Annual report PART VI — MISCELLANEOUS PROVISIONS

21. Monitoring Committee

22. Offices and premises of the Commission

23. Directives by the President

24. Public Officer Protection Act

25. Service of notices, summons and other documents

26. Restriction on execution of judgment debts

27. Indemnity of officers

28. Regulations

29. Interpretation

30. Citation Schedule a NORTH CENTRAL DEVELOPMENT COMMISSION (ESTABLISHMENT) ACT, 2024 A Bill For An Act to establish the North Central Development Commission charged with the responsibility among other things to receive and manage funds from allocation of the Federation Account for the reconstruction and rehabilitation of roads, houses and other infrastructural damages suffered by the region as a result of the effect of the communal crises as well as tackle the ecological problems and any other related environmental or developmental challenges in the North Central - States; and for related matters. [ ; ] Commencement ENACTED by the National Assembly of the Federal Republic of Nigeria — PART I— ESTABLISHMENT OF THE NORTH CENTRAL DEVELOPMENT COMMISSION AND THE GOVERNING BOARD

1. (1) There is established the North Central Development Commission (in this Act Establishment of referred to as "the Commission"). North Central Development i. . , Commission (2) The Commission shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name. (3) The Headquarters of the Commission shall be in Lafia,.Nasarawa State.

2. (1) There is established for the Commission, a Governing Board (in this Act referred Establishment of to as 'the Board") which shall consist of — = Serer Oar (a) the Chairman; (b) one person who shall be an indigene to represent the: Member States > — (1) Benue, (ii) FCT, (iii) Kogi, (iv) Kwara, (v) Nasarawa, (vi) Niger, and (vii) Plateau; (c) one person each to represent the following security organisations — (i) the Army, who shall not be below the rank of a Colonel, (ii) the Police, who shall not be below the rank of Superintendent of Police, and (iii) the Nigerian Civil Defence Corps, who shall not be below the rank of Deputy Commandant; (d) one representative of solid minerals extracting and mining producing companies in the North Central States nominated by those companies; (e) one person each to represent the Federal Ministries responsible for — (i) finance, and (ii) environment; (g) the Managing Director of the Commission; and (h) two executive Directors of the Commission. (2) The Chairman and other members of the Board shall be — (a) appointed by the President, subject to the confirmation of the Senate, in consultation with the House of Representatives; and (b) persons of proven integrity and ability. (3) The members of the Board referred to in subsection (1) (a) and (b) shall be part- time members. Schedule (4) The supplementary provisions set out in the Schedule to this Act shall have effect with respect to the proceedings of the Board and other matters contained in it. 32 Subject to the provisions of section 4 of this Act, a member of the Board, other than Tenure of office 4 an ex-officio member, shall hold office for a term of four years at the first instance and may be re-appointed for a further term of four years and no more.

4. The office of the Chairman shall rotate amongst the Member States of the Commission Rotation of office in alphabetical order — of Chairman (a) Benue; (b) FCT; (c) Kogi, (d) Kwara; (e) Nasarawa; (f) Niger; and (g) Plateau. r, may resign his appointment Resignation,

5. (1) A member of the Board, other than ex-officio membe nia ation shall take effect by a written notice addressed to the President and the resign member of only on the approval of the President. the Board the member — (2) A member of the Board may cease to be a member if his duties; (a) becomes of unsound mind, or incapable of discharging his creditors; (b) becomes bankrupt, suspends payment or compounds with esty or fraud; (c) is convicted of a felony or any offence involving dishon (d) is guilty of serious misconduct in relation to his duties; cations, is (e) in the case of a person possessed of professional qualifi practising disqualified or suspended, other than at his own request, from a compet ent his profession in any part of the world by an order of authority made in respect of that member; or \ (f) resigns his appointment under subsection (1). it shall be filled by (3) Where a vacancy occurs in the membership of the Board, the vacancy exists, to appointment of a person representing the area where essor and shall be complete the remainder of the term of office of the predec Senate in consultation appointed by the President subject to the confirmation of the with the House of Representatives. > remuneration, allowances and Allowances of

6. There shall be paid to every member of the Board such members +x expenses as the Federal Government may direct. ISSION PART Il — FUNCTIONS AND POWERS OF THE COMM Functions and

7. (1) The Commission shall — powers of the t of the North Commission (a) formulate policies and guidelines for the developmen Central States; conceive, plan and (b) in accordance with the set rules and regulations, opment implement projects and programmes for the sustainable devel of the North Central States in the field of transportation, including roads, health, education, employment, agriculture, industrialisation, housing and urban development, water supply, electricity and telecommunications; (c) cause the North Central States to be surveyed in order to ascertain measures which are necessary to promote its physical and socio- economic development; (d) prepare master plans and schemes designed to promote the physical development of the North Central States and the estimates of the costs of implementing such master plans and schemes; (e) implement all the measures approved by the Federal Government and the Member States of the Commission for the development of the North Central States; (f) identify factors inhibiting the development of the North Central States and assist in the formulation and implementation of policies to ensure sound and efficient management of their resources; (g) assess and report on any project being funded or carried out in the North Central States by mineral extracting and mining companies, oil and gas producing companies, and any other company, including non- governmental organisations, and ensure that funds released for such projects are properly utilised; (h) tackle ecological and environmental problems that arise from the extraction and mining of solid minerals, exploration of oil minerals in the North Central States and advise the Federal Government and the Member States on the prevention and control of oil spillages, gas flaring and environmental pollution; a (i) liaise with the various solid mineral extraction and mining companies and oil and gas prospecting and producing companies on al] matters of pollution prevention and control; and (j) execute such other works and perform such other functions which in the opinion of the Commission are required for the sustainable development of the North Central States and its peoples. ? (2) In exercising its functions and powers under this section, the Commission shall have regard to the varied and specific contributions of each member state of the Commission. " (3) The Commission shall be subject to the direction, control or supervision of the President in the performance of its functions under this Act. Powers of the

8. The Board shall have power to — Board (a) manage and superintend the affairs of the Commission; (b) make rules and regulations for carrying out the functions of the Commission; (c) enter and inspect premises, projects and such places as may be necessary for the purposes of performing its functions under this Act; (d) pay the staff of the Commission such remuneration and allowances as are payable to persons of equivalent grades in the civil service of the Federation; (e) enter into such contracts as may be necessary or expedient for the performance of its functions and ensure the efficient performance of the functions of the Commission; (f) employ, either directly or on secondment from any civil or public service in the Federation or a state, such number of employees as may, in the opinion of the Board, be required to assist the Board in the performance of its functions under this Act; (g) pay to persons so employed such remuneration, including allowances, as the Board may determine; and (h) do such other things as are necessary and expedient for the efficient performance of the functions of the Commission. PART III — STRUCTURE OF THE COMMISSION

9. (1) There shall be established in the head office of the Commission, the Directorates Structure of the of — . Commission (a) Administration and Human Resources; (b) Community and Rural Development; (c) Utilities, Infrastructural Development and Waterways; (d) Environmental Protection and Control; (e) Finance and Supply; > (f) Solid Minerals, Agriculture and Fisheries; (g) Planning, Research and Statistics and Management Information System; (h) Legal Services; , . (i) Education, Health and Social Services; (j) Commercial and Industrial Development; and (k) Projects Monitoring and Supervision. (2) The Board may increase the number of Directorates as it may deem necessary and expedient to facilitate the realisation of the objectives of the Commission.

10. There shall be for the Commission, a Management Committee which shall — Management Committee (a) consist of — (i) the Managing Director who shall be the Chairman, (ii) the Directors responsible for the Directorates established under section 9 of this Act, and (iii) such number of other members as may be détermined by the Board, and (b) be responsible to the Board and the Managing IE restor for the general administration of the Commission.

11. (1) There is established for the Commission, a North Central Development Advisory Establishment of the North Central Committee (in this Act referred to as “the Advisory Committee”) which shall Development consist of — Advisory Committee (a) the Governors of the Member States of the Commission; and (b) two persons as may be determined by the President. (2) The Advisory Committee is charged with the responsibility of advising the Board guiding and monitoring the activities of the Commission with a view to achieving the objectives of the Commission. (3) The Advisory Committee may make rules regulating its own proceedings. PART IV — STAFF OF THE COMMISSION

12. (1) There shall be for the Commission, a Managing Director, and two Executive Staff of the Commission Directors who shall be indigenes of a North Central States and shall rotate among the Member States. (2) The Managing Director and Executive Directors shall — (a) have such qualification and experience as are appropriate for a person required to perform the functions of that office under this Act; ’ (b) be appointed by the President and confirmed by the Senate, in consultation with the House of Representatives; and (d) hold office on such terms and conditions as to emolument and conditions of service as may be specified in the letter of appointment and subject to the provisions of section 3 of this Act. (3) The Managing Director shall be the chief executive and accounting officer of the Commission and, subject to the general direction of the Board, is responsible — (a) the administration of the Commission; (b) keeping the books and proper records of the proceedings of the Board; (c) the administration of the secretariat of the Board, and (d) the general direction and control of all other employees of the Commission. (4) The Board shall have power to — (a) employ either directly or on secondment from any civil or public service in the Federation or a State such number of employees as may, in the opinion of the Board, be required to assist the Board iin the performance of any of its functions under this Act; and (b) pay to persons so employed such remuneration, including allowances, as the Board 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 Pension Pension Reform Act. Act No. 4, 2014 (2) The staff and other persons employed in the Commission shall be entitled to pension, 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) 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. 2 (4) For the purposes of the application of the provisions of the Pensions Reform Act, any power exercisable under it by the Minister or. other authority of the Government of the Federation, other than the power to make regulations under _ section 28, is vested in and shall be exercisable by the Commission, and not by * any other person or authority. PART V — FINANCIAL PROVISIONS Fund of the

14. (1) The Commission shall establish and maintain a Fund from which shall be defrayed all expenditure incurred by the Commission. Com#nission of (2) There shall be paid and credited to the Fund established under subsection (1) this Act — (a) from the Federal Government, the equivalent of 15% of the total monthly statutory allocations due to Member States of the Commission from the Federation Account; (b) 3% of the total annual budget of any oil producing company operating, on shore and off shore, in the North Central States, including gas ‘processing companies; (c) 3% of the total annual budget of any solid mineral-extracting mining company operating in the North Central States; (d) 50% of money due to Member States of the Commission from the Ecological Fund; (e) such money as may be granted, lent to, or deposited with the Commission by the Federal or a State Government, any other body or institution whether local or foreign; (f) all money raised for the purposes of the Commission by way of gifts, loan, grants-in-aid, testamentary disposition or otherwise; and (g) proceeds from all other assets that may accrue to the Commission. (3) The Fund shall be managed in accordance with the rules made by the Board, 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 or the Fund of the Commission 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

15. The Commission shall apply the Fund established under section 14 of this Act to — the Commission (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 Board specified in section 6 of this Act or any committee of the Board and the employees of the Commission; (c) payment for all contracts, including mobilisation, fluctuations, variations, legal fees and cost on contract administration; (d) 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 accept gifts of land, money or other property on such terms Gift to the and conditions as may be specified by the person or organisation making the Commission 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, borrow, on such terms and Power to borrow conditions as the Commission may determine, such sums of money as the Commission may require in the performance of its functions under this Act.

18. (1) The Board shall, not later than 30 September in each year, submit to the President, Annual estimates an estimate of the expenditure and income of the Commission during the next andl pemcrHike succeeding year. (2) The Board shall cause to be kept proper accounts of the Commission in respect of each year and proper records in relation to the account and shall cause the accounts to be audited not later than six months after the end of each year by auditors appointed from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation.

19. The Commission shall, at the end of every quarter in each year, submit quarterly Quarterly report report to the President, a report on the activities and administration of the Commission.

20. (1) The Board shall prepare and submit to the President; not later than 30 June in Annual report each year a report, in such form as the President may direct, on the activities of the Commission during the immediate preceding year, and shall include in the report a copy of the audited accounts of the Commission for that year and the auditor's report on it; (2) The President shall, on receipt of the report referred to in subsection (1), cause a copy of the report and the audited accounts of the Commission and the auditor's report to be submitted to each House of the National Assembly. PART VI— MISCELLANEOUS PROVISIONS

21. (1) There is established for the Commission a Monitoring Committee which shall Monitoring Committee consist of such number of persons as the President may deem fit to appoint from the public or civil service of the Federation. (2) The Monitoring Committee shall — (a) monitor the management of the Fund of the Commission and the implementation of the projects of the Commission; (b) have access to the books of account and other records of the Commission at all times; and (c) submit periodical reports to the President.

22. For the purposes of providing offices and premises necessary for the performance of Offices and its functions under this Act, the Commission may, subject to the Land Use Act — premises of the Commission (a) purchase or take on lease any interest in land, or other property; Cap. LS, LFN, 2004 (b) construct offices and premises, equip and maintain them; and (c) sell or lease out any office or premises held by it, which office or premises is rio longer required for the performance of its functions under this Act. 7

23. Subject to the provisions of this Act, the President may give to the Commission Directives by the directives of a general nature or relating generally to matters of policy with regard President to the performance by the Commission of its functions and the Commission shall comply with the directives.

24. (1) Subject to the provisions of this Act, the provisions of the Public Officers Public Officers ? Protection Act shall apply in relation to any suit instituted against any officer or Protection Act employee of the Commission. Cap. P41, LFN, (2) Notwithstanding anything contained in any other Jaw or enactment, no suit shall 2004 lie or be instituted against any member of the Board, the Managing Director or - any other officer or employee of the Commission for any act done under or in 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, in any court unless — neglect or default (a) it is commenced within three months next after the act, complained of; or six months next (b) in the case of a continuation of damage or injury, within after the ceasing of it. ised to be served on the Service of

25. A notice, summons or other documents required or author notices, summons law or enactment may be Commission under the provisions of this Act or any other and other g it by registered post served by delivering it to the Managing Director or by sendin documents of the Commission. and addressed to the Managing Director at the principal office Restriction on , no execution or attachment of

26. (1) In any action or suit against the Commission execution of process shal] be issued against the Commission. judgment debts court be awarded against (2) Any sum of money which may, by the judgment of any where notice of the Commission shall, subject to any direction given by the court fund general reserve appeal of the said judgment has been given, be paid from the of the Commission. Indemnity of other officer or employee of 27, A member of the Board, the Managing Director, or any officers Commission against any the Commission shall be indemnified out of the assets of the is given in his favour, or in proceeding, whether civil or criminal, in which judgment against him in his capacity which he is acquitted, if any such proceeding is brought or employee of the as a member of the Board, the Managing Director, officer Commission. make regulations, Regulations

28. The Commission may, with the approval of the President, generally for the purposes of giving effect to this Act. Interpretation

29. In this Act — "Chairman" means the Chairman of the Board; established "Commission" means the North Central Development Commission in section 1 of this Act; Commission under "Board" means the Governing Board established for the section 2 (1) of this Act; gt an, Managing "member" means a member of the Board and includes the Chairm Director and Executive Directors; Benue, FCT, Kogi, Kwara, Nasarawa, Niger, and "Member States" means Plateau; and , Nigeria. “President” means the President of the Federal Republic of

30. This Act may be cited as the North Central Development Commission Citation (Establishment) Act, 2024. SCHEDULE Section 2 (4) SUPPLEMENTARY PROVISIONS RELATING TO THE BOARD

1. (1) Subject to this Act and section 27 of the Interpretation Act, Cap. 123, Laws of the Federation of Nigeria, 2004, the Board may make standing orders regulating its proceedings or those of any of its committees. (2) The quorum of the Board shall be the Chairman or the person presiding at the meeting, Managing Director or one Executive Director and one third of other members of the Board and the quorum of any committee of the Commission shall be as determined by the Board.

2. (1) The Board shall meet whenever it is summoned by the Chairman and if the Chairman is required to do so by notice given to him by not less than four other members, he shall summon a meeting of the Board to be held within 14 days from the date on which the notice is given. (2) At any meeting of the Board, the Chairman shall preside but if he is absent, the members present at the meeting shall appoint one of their members to preside at the meeting.

3. (1) The Board may appoint one or more committees to carry out on behalf of the Board, such functions as the Board may determine. (2) A committee appointed under this paragraph shall consist of such number of persons as may be determined by the Board 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 Board shall be of no effect until it is confirmed by the Board. Miscellaneous

4. (1) The affixing of the seal of the Commission shall be authenticated by the signatures of the Chairman or any other member of the Board generally or specifically eS authorised by the Board to act for the purpose and the Managing Director. (2) A document purporting to be a document duly executed under the seal of the Commission shail be received in evidence and shall, unless the contrary is proved, ‘be presumed to be so executed.

5. The validity of any proceedings of the Board or of a committee shall not be adversely affected by — (a) a vacancy in the membership of the Board or committee; or (b) a defect in the appointment of a member of the Board or committee; (c) reason that a person not entitled to do so took part in the proceedings of the Board or committee. I, CERTIFY, IN ACCORDANCE WITH SECTION 2 (1) OF THE ACTS AUTHENTICATION ACT, CAP. A2, LAWS OF THE FEDERATION OF NIGERIA, 2004, THAT THIS IS A TRUE COPY OF THE BILL PASSED BY BOTH HOUSES OF THE NATIONAL ASSEMBLY. SANI MAGAJI TAMBAWAL, fena CLERK TO THE NATIONAL ASSEMBLY 5406 —_— *K, DAY OKA! 29 as SCHEDULE TO THE NORTH CENTRAL DEVELOPMENT COMMISSION (ESTABLISHMENT) BILL, 2024 ! SHORT TITLE OF THE | LONG TITLE OF THE BILL SUMMARY OF THE CONTENTS DATE PASSED DATE PASSED BILL OF THE BILL BY THE SENATE |BY THE HOUSE OF REPRESENTATIVES North Central An Act to establish the North Central | This Bill establishes the North | 3rd December, 3rd December, Development Development Commission charged | Central Development Commission | 7924 2024 Commission with the responsibility among other | charged with the responsibility . . things to receive and manage funds | among other things to receive and (Establishment) Bill, from allocation of the Federation | manage funds from allocation of the 2024 Account for the reconstruction and | Federation Account for the rehabilitation of roads, houses and | reconstruction and rehabilitation of other infrastructural damages suffered | roads, houses and other by the region as a result of the effect | infrastructural damages suffered by of the communal crises as well as | the region as a result of the effect of tackle the ecological problems and | the communal crises as well as tackle any other related environmental or} the ecological problems and any developmental challenges in the| other related environmental or North Central States; and for related | developmental challenges in the matters North Central States. I certify that this Bill has been carefully compared by me with the decision reached by the National Assembly and found by me to be true and correct decision of the Houses and is in accordance with the provision s of the Acts Authentication Act Cap. A2, Laws of the Federation of Nigeria, 2004. SANI MAGAJI TAMBAWAL, fena Clerk to the National Assembly ..4. Day as > I ASSENT. BOLA ALIMED TINUBU, GCFR President of the Federal Republic of Nigeria > 22 Day of