Agriculture (control of importation) Act

An Act to make provisions for regulating the importation of articles for the purpose of controlling plant diseases and pests.
[Commencement] [31st March, 1964]

1. Short title

This Act may be cited as the Agriculture (Control of Importation) Act.

2. Interpretation

In this Act, unless the context otherwise requires-
“Act” includes regulations made under this Act;
“authorised officer” means a person designated as an authorised officer under section 3 of this Act;
“imports” means to bring or cause to be brought into Nigeria; and “importation” shall be construed accordingly;
“Minister” means the Minister charged with responsibility for matters relating to agricultural research;
“pest” means any insect or other animal injurious to agricultural or horticultural crops;
“plant” means any plant or parts of a plant such as cuttings, suckers, bulbs, tubers, roots, haulms, and fruits; but does not include the manufactured or processed products of plants;
“plant disease” means any disease caused by fungus, bacterium, virus, or any other organism injurious to agricultural or horticultural crops.

3. Authorised officers

The Minister may designate any officer in the public service of the Federation as an authorised officer for the purposes of this Act.

4. Minister may make regulations

(1) The Minister may make regulations prohibiting, restricting or laying down conditions for the importation from any or all countries of plants, seeds, soil, containers, straw and other packing materials, artificial fertilisers, and any other similar goods or things, and without prejudice to the generality of the foregoing any such regulations may prescribe or provide for-
(a) the places at which such goods or things may or may not be imported;
(b) the detention and examination of such goods and things on arrival;
(c) the charging of fees in respect of matters to which the regulations relate;
(d) carrying into effect the provisions of this Act generally.

(2) Regulations made under this section may provide that a contravention of any specified regulations shall be an offence and may provide penalties in respect thereof:
Provided that, the penalties provided in respect of any such offence shall not exceed a fine of N200 and imprisonment for a term of six months.

5. Regulations to be laid before the National Assembly

(1) All regulations made under section 4 shall be laid before both Houses of the National Assembly as soon as may be after the date of their making.

(2) Either House may, by resolution, approve, amend or revoke any regulations laid before the House in pursuance of this section, but any such amendment or revocation shall be without prejudice to anything lawfully done thereunder or to the making of further regulations.

6. Diseases and pests

Where plants, seeds, soil, containers, straw or other packing materials or any other similar goods or things are on importation found or suspected to be infected with any plant disease or pest, an authorised officer may order them to be destroyed or may direct that they shall not be imported until they have been treated to his satisfaction for the removal of the plant disease or pest.

7. Furnishing of information

(1) An authorised officer may call upon any person to furnish him with any information he may reasonably require for the purpose of investigating any offence against this Act.

(2) No person who obtains any information by virtue of this section shall, otherwise than in the execution of his duties or powers under this Act, disclose that information except with the permission of the Minister.

8. Offences

(1) Any person who –
(a) hinders or molests any authorised officer in the exercise of any of his duties or powers under this Act; or
(b) without lawful excuse, fails to comply with any order lawfully given under this Act; or
(c) without lawful excuse, fails to furnish any information lawfully demanded under this Act or furnishes information which he knows to be false in a material particular or does not believe to be true, shall be guilty of an offence and liable on conviction to a fine of N400 and imprisonment for a term of one year.

(2) In any prosecution for an offence against this section, the onus of proving the existence of a lawful excuse shall lie on the person charged

9. Prosecution

(1) No prosecution for an offence against this Act shall be commenced except with the consent of the Director of the Federal Department of Agricultural Research.

(2) Nothing in this section shall prevent the institution of proceedings for an offence against this Act by or in the name of the Attorney-General of the Federation in accordance with the provisions of the Constitution of the Federal Republic of Nigeria in any case in which he thinks it proper that proceedings should be so instituted.

[Cap. C23.]

10. Defence in civil and criminal proceedings

Where any proceedings, whether civil or criminal, are brought against any public officer in respect of any act done in pursuance of any of the provisions of this Act, it shall be a good defence to show that there was reasonable and probable cause for the act in respect of which such proceedings are brought.

11. Power to sue for fees, etc.

Any expenses or fees due under this Act may be recovered by the Director of the Federal Department of Agricultural Research as a civil debt.

12. Transitional provisions

Any regulations made under the Agriculture Act, 1950, relating to matters in respect of which the Minister has power to make regulations under this Act and in force immediately before the commencement of this Act shall remain in force, as if made under this Act, until replaced by regulations made under this Act.

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CHAPTER A13
AGRICULTURE (CONTROL OF IMPORTATION) ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

1. Plants, etc. (Control of Importation) Regulations.

PLANTS, ETC. (CONTROL OF IMPORTATION) REGULATIONS

under section 4
[Commencement.] l22nd January, 1970]

1. Authorised officers
(1) The person for the time being holding office as Federal Director of Agricultural Research (in these Regulations referred to as “the Director”) shall be an authorised officer for the purposes of these Regulations; and in addition all officers under his control (not below the rank or grade of assistant technical officer) designated by the
Director, from time to time, in writing under his hand shall likewise be authorised officers for the purposes aforesaid.

(2) The persons holding office as authorised officers under any regulations hereby revoked shall, on the commencement of these Regulations, be deemed to have been duly appointed as authorised officers under these Regulations.

2. Control of import of plants etc.

(1) Where in respect of plants, seeds, or things mentioned in subparagraph (2) of this Regulation the item is marked in the First Schedule to these Regulations, as –

[First Schedule.]

(a) “prohibited”, it shall not in any circumstances be imported into Nigeria and if
found there it may be destroyed by any authorised officer or, if he thinks fit, he may treat the item or cause it to be exported to the country of origin;

(b) “permit”, it may be imported on a permit issued by an authorised officer (subject to quarantine thereafter where necessary) if accompanied by a phytosanitary certificate together with a special certificate or additional declaration as the case may require.

(2) The plants, seeds or things to which subparagraph (1) of this regulation applies are-
(a) plants living or dead (and whether or not used as or forming part of packing materials);
(b) seeds of plants of any description;
(c) soil (other than sterilised peat and special rooting compost);
(d) material mixed with soil (save where the material and the soil or either of them comply or complies with the requirements of a permit issued by an authorised officer for its importation).

3. Application for permit

Application for a permit shall be made in writing to the Plant Quarantine Service of the Federal Department of Agricultural Research, lbadan (in these Regulations referred to as “the Service”) stating –
(a) the full name, residence and postal address of the applicant;
(b) the name and address of the person from whom it is proposed to obtain the plants, seed or soil;
(c) the botanical name and the generally accepted popular name and variety of plants or seeds and the quantity of each variety it is desired to import;
(d) the locality in Nigeria in which it is proposed to grow or utilise the plants, seeds or soil, as the case may be;
(e) the port of entry and estimated date of arrival and the means of transportation of the consignment.

4. Conditions of permit

(1) The issue of any permit for the purposes of these Regulations shall be at the discretion of an authorised officer and be subject to such conditions as he thinks fit not inconsistent with these Regulations (including but without prejudice to the generality hereof a condition that each consignment shall be accompanied by a
phytosanitary certificate duly completed and signed in the country of origin by or on behalf of a competent authority acceptable to the Director and where necessary by a special certificate or additional declaration under these Regulations).

(2) An authorised officer shall, when considering an application for a permit to import, have regard to the requirements specified in the First Schedule to these Regulations so far as they relate to the proposed importation.

[First Schedule.]
(3) If he thinks fit, the director may in any case where importation is restricted, stipulate the technique of disinfestation or, as the case may be, of disinfection to be employed in treating plants, seeds, soil, containers or other items whatsoever in that category, as a condition precedent to importation.
(4) A permit for the purposes of this regulation shall be in the form set out in the Second Schedule to these Regulations.

[Second Schedule.]

5. Plants, etc., contaminated or imported illegally

(1) Where it is necessary to treat any plant, seed, soil or material imported without permit and container thereof of any description whatsoever, or a carrier in either case requiring to be treated by way of disinfestation or disinfection, the treatment given shall be at the cost in all things of the importer and be given under the supervision and control of an authorised officer.

(2) Notice of the action to be taken by the Service shall be given to the importer, not less in any event than seven days after the Service is aware of the importation and the time and action in respect thereof shall be carried out as soon as may be thereafter, so however that in the case of commercial consignments the action to be taken shall be performed at a time to be fixed by the Director.

(3) It shall be an offence where an importer when required by an authorised officer so to do fails to destroy or export any plants, seeds or soil imported in contravention of these Regulations; and any authorised officer may destroy or export them to the country of origin, and the expenses of so doing shall be recoverable as hereinafter
provided.

6. Examination and sampling

(1) Subject to the production of his authority to act, in that behalf, any authorised officer may-
(a) enter into any premises or carrier at all reasonable times to examine and take samples of any consignment or part of a consignment of plants, seeds, soil, containers or other item whatsoever suspected of harbouring pests, plant diseases, or noxious weeds imported, or suspected by him of having been imported into Nigeria and for the purpose of such examination may open or require the importer to open any packages in the consignment;

(b) search or detain any person, container, carrier, or other item whatsoever imported, offered for import or suspected of having been imported into Nigeria to ascertain whether or not plants, seeds, or soil suspected of harbouring pests, or diseases or noxious weeds are being carried.

(2) The failure to permit or allow entry or search under, or generally to comply with any of the requirements of this regulation, shall be an offence under these Regulations.

7. Penalties for offences

Any person guilty of an offence under these Regulations shall be liable on conviction to a fine not exceeding one hundred naira or imprisonment for a term not exceeding six months, or to both such fine and imprisonment; and in addition whether or not a fine is imposed, judgment shall be entered against the person guilty of an offence for all costs incurred by an authorised officer in providing necessary treatment or in the destruction or exportation of any plant, seed, soil, or any thing whatsoever imported in contravention of these Regulations.

8. Interpretation

(1) In these Regulations, unless the context otherwise requires-
“carrier” includes any mode of conveyance however operated or controlled, and any container in, on or attached to a carrier;
“container” means anything capable of or designed for the holding of plants or plant material whether or not to be brought into Nigeria by individual means or by a carrier;
“director” has the meaning assigned in regulation 1;
“importer” means the person bringing into Nigeria anything to which these Regulations apply and includes the owner, consignor, consignee, agent or broker, in possession of, or in any way entitled to, the custody thereof;
“noxious weeds” any plants or seeds or plant species, the importation of which is considered by the director to be undesirable or deleterious in the interest of the economy of Nigeria;
“pest” includes any animal or insect injurious to or in the opinion of an authorised officer likely to be harmful to agricultural or horticultural or viticultural crops;
“phytosanitary certificate” means a document issued by the recognised plant protection authority or organisation of the country of origin certifying that the plants or plant products indicated therein have been thoroughly examined before dispatch and found to be substantially free from pests and disease;
“plant” means any plant or parts of a plant other than any manufactured or processed product of plants;
“plant disease” means any disease carried by fungus, bacterium, virus or other organism injurious to agricultural, horticultural or viticultural crops;

“quarantine” means the culture under general conditions of isolation, immediately after introduction into Nigeria under and subject to the control of the director and in accordance generally with any recommendations of the Inter-African Phytosanitary Commission;
“Service” has the meaning assigned in regulation 3;
“treatment” means fumigation or any other process involving the application of gas, chemical, moist or dry heat, low temperature, excision of infected parts or any other processing of plants, seeds or soil or other materials that is designed to eliminate or control any infestation or infection by a plant pest or disease.

(2) References in these Regulations to-
(a) “prohibit” and grammatical variations thereof means the refusal in accordance with Article 6 of the Inter-African Phytosanitary Convention to permit importation of plants or plant products, so however that importation may be undertaken by or on behalf of the Service itself as a matter of urgency for scientific purposes and thereupon or thereafter-
(i) notice of and reason for the decision to import is given by the director to the Scientific Secretary of the Inter-African Phytosanitary Commission; and
(ii) the maximum necessary precautionary measures (including phytosanitary certificate inspection, treatment and quarantine) are taken by the director;
(b) “special certificate” or “additional declaration” means a certificate or declaration, as the case may be, endorsed or annexed to a phytosanitary certificate-
(i) as proof of freedom from disease when inspected during active growth; or
(ii) to ensure safeguard against disease or pests specially mentioned;
(c) “vegetable material” means any living organ or a plant (other than the seed).

9. Short title

These Regulations may be cited as the Plants, etc. (Control of Importation) Regulations.

Schedules

(Content not available).

Download PDF file

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See also:

– Agricultural Credit Guarantee Scheme Fund Act, 1977

– Agricultural Research Council of Nigeria Act, 1999

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Credit: Policy and Legal Advocacy Centre (PLAC)

Agricultural Research Council of Nigeria Act

An Act to establish the Agricultural Research Council of Nigeria and to provide for the establishment of research institutes by the Council.

[Commencement]     [26th May, 1999]

PART I

Establishment, etc., of the Agricultural Research Council of Nigeria

1. Establishment of the Council

There is hereby established a body to be known as the Agricultural Research Council of Nigeria (in this Act referred to as “the Council”) which under that name shall be a body corporate with perpetual succession and a common seal, and may sue or be sued in its corporate name.

2. Governing Board of the Council

(1) There is hereby established for the Council a governing board which shall consist of the following members to be appointed by the President-

     (a) the Chairman who shall be a person with wide knowledge and distinction in one or more fields of the agricultural sciences;

       (b) the Vice-Chancellor of one of the Universities of Agriculture on rotation for 2 years at a time;

      (c) the Chairman of the Committee of Deans of the Faculties of Agriculture of the Universities in Nigeria;

     (d) the Chairman of the Committee of Deans of the Faculties of Veterinary Medicine of the Universities in Nigeria;

      (e) the Chairmen of the Governing Boards of Research Institutes established under section 14 of this Act;

      (f) the Chairman of the Committee of Directors of Research Institutes established under section 14 of this Act;

     (g) the Directors of the Departments of Agriculture, Fisheries, Forestry and Live-stock of the Federal Ministry of Agriculture and Rural Development;

      (h) one representative of the Federal Ministry of Science and Technology, not below the rank of Director;

      (i) one representative of the Federal Ministry of Water Resources, not below the rank of Director;

      (j) four persons from the private sector with wide knowledge and experience of crops, livestock, fisheries and forestry, respectively; and

      (k) the Executive Secretary of the Council who shall be an ex-officio member with no voting right.

(2) The supplementary provisions set out in the First Schedule to this Act shall have effect with respect to the proceedings of the Board and the other matters contained therein.

[First Schedule.]

3. Tenure of office

(1) A member of the Board, other than an ex-officio member, shall hold office for a term of four years in the first instance and may be re-appointed for a further term of four years and no more.

(2) The office of a member of the Board shall become vacant if –

       (a) he resigns his office by a letter addressed by him to the Minister; or

      (b) the Minister is satisfied that it is not in the interest of the Council for the person to continue in office as a member, in which case, the Minister shall, with the approval of the President, notify the member to that effect.

(3) Where a vacancy occurs in the membership of the Board, 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 that the successor shall represent the same interest and shall be appointed by the President.

4. Remuneration and allowances

The members of the Board shall be paid such remunerations and allowances as the Federal Government may, from time to time, determine for the chairmen and members of statutory boards generally.

PART II

Functions

5. Functions of the Council

The functions of the Council shall be to –

       (a)  advise the Federal Government on national policies and priorities in agricultural research, training and extension activities;

       (b) prepare periodic master plans for agricultural research, training and extension and advise the Federal Government on the financial requirement for the implementation of such plans;

       (c)  ensure the implementation of the approved master plans by the appropriate research institutes, universities and other bodies;

       (d) supervise and co-ordinate the research, training and extension activities of research institutes established under section 14 of this Act;

       (e) prepare the annual budget for agricultural research, training and extension programmes of the institutes under its aegis and receive grants for allocation to the institutes for the implementation of the annual programmes and to universities and other bodies for special research or training projects;

       (f)  maintain an up-to-date record of all existing facilities for research, training and extension in the agricultural sciences in Nigeria and advise the Federal Government on their adequacy and efficient utilisation;

       (g)  advise the Federal Government on the re-organisation of existing institutes, including the creation of new ones, as are required to implement or further the efficiency of research, training and extension in the agricultural sciences;

       (h) promote collaboration between scientists engaged in research in the agricultural sciences in Nigeria and their counterparts in other countries or international bodies;

      (i) establish and maintain a National Agricultural Science Library and Documentation Centre and publish or sponsor the publication of the research results in the agricultural sciences; and

      (j)  carry out such activities as may, in the opinion of the Council, further the advancement of research, training and extension in the agricultural sciences.

PART III

Staff of the Council

6. Executive Secretary and other staff of the Council

(1) There shall be appointed by the President, on the recommendation of the Minister, an Executive Secretary.

(2) The Executive Secretary shall-

               (a) be a person with relevant qualification and experience;

               (b) be the chief executive and accounting officer of the Council;

               (c) hold office-

              (i) for a period of five years in the first instance and may be re-appointed for a further term of five years and no more; and

              (ii) on such terms and conditions as may be specified in his letter of appointment.

(3) The Executive Secretary shall, subject to the general direction of the Council, be responsible for-

                  (a) the day-to-day administration of the Council;

                  (b) keeping the books and proper records of the proceedings of the Council;

                  (c) the administration of the secretariat of the Council; and

                  (d) the general direction and control of all other employees of the Council.

(4) The Council shall –

       (a) appoint such number of directors and other 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 appointed such remuneration (including allowances) as the Council may, after consultation with the Federal Civil Service Commission, determine.

(5) Notwithstanding subsection (4) of this section, the staff of the Agricultural Sciences Department of the Federal Ministry of Agriculture and Rural Development shall be deemed to have transferred to the employment of the Council on the commencement of this Act.

(6) Any staff mentioned in subsection (5) of this section who does not wish to transfer to the employment of the Council shall remain with the Ministry.

(7) The Council shall have the power to make, with the approval of the Minister, staff regulations governing conditions of service of its employees.

7. Application of Pensions Act

(1) Service in the Council shall be approved service for purposes of the Pensions Act.
(2) Employees of the Council 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 or in this Act 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 a Minister or other authority of the Government of the Federation, other than the power to make regulations under section 23 of the Act, is hereby vested in and shall be exercisable by the Council and not by any other person or authority.

[Cap. P4.]

PART  IV

Financial and related Provisions

8. Establishment of the National Agricultural Research and Extension Endowment Fund

(1) There is hereby established a fund to be known as the National Agricultural Research and Extension Endowment Fund (in this Act referred to as the “Endowment Fund”).

(2) The Council shall invest such monies as may be made available to the Endowment Fund by the Federal Government or by other donors and apply the proceeds to finance research in pursuance of paragraph (e) of section 5 of this Act.

9. Fund of the Council

(I) The Board shall establish and maintain for the Council a fund from which shall be
defrayed all expenditure incurred for the purposes of the Council.

(2) There shall be paid and credited to the fund established in pursuance of subsection (1) of this section-

       (a) such money as may be made available by the Federal Government for the running expenses of the Council;

             and

       (b) all other money which may, from time to time, accrue to the Council.

(3) The Council shall, from time to time, apply the funds at its disposal-

       (a) to the cost of the administration of the Council;

       (b) to the payment of fees, allowances and benefits of members of the Board;

       (c) to the payment of salaries, allowances and benefits of officers and employees of the Council;

        (d) for the maintenance of any property vested in the Council or under its administration; and     

         (e) for and in connection with the functions of the Council under this Act.

(4) The Council shall invest any money not immediately required by it in Federal Government securities or in such other securities as the Council may, with the approval of the Minister, from time to time, determine.

10. Power to borrow

(1) The Council may, with the consent of the Minister in accordance with the general authority given by the Federal Government, borrow by way of loan or overdraft from any source any money required by the Council to meet its obligations and its functions under this Act.

(2) No consent or authority shall be required under subsection (1) of this section if the sum or the aggregate of the sums involved at any time does not exceed such amount as is for the time being specified in relation to the Council by the Federal Government.

11. Power to accept gifts

(1) The Council may accept 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 Council shall not accept any gift if the conditions attached by the person or organisation offering the gift are inconsistent with the objectives and functions of the Council under this Act.

12. Annual estimate, accounts and audit

(1) The Board shall cause to be prepared, not later than 30 September in each year, an estimate of the expenditure and income of the Council during the next succeeding year and when prepared, they shall be submitted to the Minister for approval.

(2) The Board shall cause to be kept proper accounts of the Council and proper records in relation thereto and when certified by the Board, the accounts shall be audited by auditors appointed by the Council from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation.

(3) Any member, agent or employee of the Council who fails, without reasonable cause, to comply with a requirement of an auditor under subsection (2) of this section, commits an offence and is liable on conviction to a tine not exceeding N10,000.00 or imprisonment for a term not exceeding three months or to both such fine and imprisonment.

13. Annual report

The Council shall, not later than six months immediately following the end of a year, submit to the Minister a report on the activities and the administration of the Council and the research institutes under its administration during the immediately preceding year and shall include in the report the audited accounts of the Council and the auditor’s report on the accounts.

PART V

Establishment of Research Institutes

14. Power of the Minister to establish research institutes

(1) The Minister may, with the approval of the President, by order published in the Gazette, establish research institutes, and the provisions of the Second Schedule to this Act shall apply in relation to any institute so established.

[Second Schedule.]

(2) An order establishing a research institute under this Act may contain supplementary or incidental provisions, including provisions for-

(a)  the designation of the institute;

(b)  the matter or matters on which the institute is to conduct research, including training and extension where appropriate;

(c) the transfer to the institute of the assets and liabilities of any existing Federal research establishment;

(d)  the establishment, constitution and proceeding of a governing board to manage the affairs of the institute;

(e)  a suitable association or other forms of relationship of the institute with any university or institution of higher learning in Nigeria.

PART VI

Miscellaneous Provisions

15. Offices and premises

(1) For the purpose of providing residential accommodation for its staff and such offices and premises as may be considered necessary for the performance of its functions under this Act, the Council may-

(a)  purchase or take on lease any interest in land; and

(b) build, furnish, equip and maintain residential quarters, offices and premises.

(2) Subject to the Land Use Act, the Council may, with the approval of the Minister, sell or lease any residential quarters, land, offices or premises held by it and no longer required for the performance of its functions.

[Cap. L5.]

16. Directives by the Minister

Subject to this Act, the Minister may give to the Council directives of a general nature or relating generally to particular matters, but not to any particular individual or case with regard to performance by the Council of its functions under this Act and it shall be the duty of the Council to comply with the directives.

17. Saving of certain research institutes

(1) Any research institute established for the agricultural science sector under the National Agency for Science and Engineering Infrastructure Act shall be deemed to be established under this Act.

[Cap. N3.]

18. Regulations

The Council may, with the approval of the Minister, make regulations for giving effect to the provisions of this Act.

19.  Interpretation

In this Act, unless the context otherwise requires-

“agricultural sciences” includes crop science, fisheries, forestry and veterinary science;

“Board” means the Governing Board of the Council;

“chairman” means the chairman of the Board;

“Council” means the Agricultural Research Council of Nigeria established under section 1 of this Act;

“Endowment Fund” means the National Agricultural Research and Extension Endowment Fund established under section 8 of this Act;

“Executive Secretary” means the Executive Secretary appointed for the Council under section 6 of this Act;

“member of the Board” includes the chairman;

“Minister” means the Minister charged with responsibility for Agriculture.

20. Short title

This Act may be cited as the Agricultural Research Council of Nigeria Act.

SCHEDULES

FIRST SCHEDULE [Section 2 (2).]

Supplementary Provisions relating to the Board, etc.

Proceedings of the Board

1. (1) Subject to this Act and section 27 of the Interpretation Act, the Board may make standing orders regulating its proceedings and those of any of its committees.

[Cap. 123.]

(2) The quorum of the Board shall be the Chairman or the member presiding at the meeting and not less than one-third of all the members of the Board and the quorum of any committee of the Board shall be determined by the Board.

2. (1) The Board shall meet not less than three times in each year and subject thereto, 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 one-third of all the members of the Board, he shall summon a meeting of the Board to be held within fourteen 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 number to preside at that meeting.

(3) Where the Board desires to obtain the advice of any person on a particular matter, the Board may co-opt him to the Board for such period as it thinks 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 Board and shall not count towards a quorum.

Committees

3.  (1) The Board may appoint one or more committees to carry out, on behalf of the Board, such of its functions as the Board may determine.

(2) A committee appointed under this paragraph shall consist of such number of persons (not necessarily members of the Board) as may be determined by the Board and a person other than a member of the Board 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 fixing of the seal of the Council shall be authenticated by the signature of the Chairman, the Executive Secretary or of any other person authorised generally or specifically to act for that purpose by the Board.

(2) Any contract 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 Council by the Chairman or any person generally or specially authorised to act for the purpose by the Board.

(3) Any document purporting to be a document duly executed under the seal of the Council 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 proceeding of the Board or of a committee thereof shall not be adversely affected by any vacancy in the membership of the Board or committee, or by any defect in the appointment of a member of the Board or of a committee, or by reason that a person not entitled to do so took part in the proceedings of the Board or committee.

SECOND SCHEDULE [Section 14 (1).]

Provisions relating to Research Institutes

1. Governing boards

(1) Any research institute established under this Act shall have a governing board and shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

(2) The members of the governing board of each institute shall be appointed by the Minister with the approval of the President on the advice of the Council.

2. Powers

(1) Subject to the provisions of this Act, each institute shall have power to –

      (a)    prepare a programme of research within the field for which the institute is responsible, under the approved master plan prepared by the Council in pursuance of section 5 (b) of this Act, together with detailed estimates of the expenditure which will be required for carrying out the programme;

        (b)   review and, if necessary revise, each year the programme approved under sub-paragraph (1) (a) of this paragraph for the following year, together with the estimated budget for that year;

        (c)    carry out the programmes of research approved by the Council;

       (d)    make suitable arrangement for the application of the results of the research work of the institute by Federal and State Ministries, agencies and the private sector to development activities; and

            (e)     do anything and enter into any transaction which in its opinion ought to be done in the proper discharge of its functions.

(2) Each institute shall, in particular, and without prejudice to the generality of the foregoing power, have power to acquire and hold immovable property.

(3) For the purpose of the Land Use Act, the purposes of an institute shall be public purposes of the Federation within the meaning of that Act.

[Cap. L5.]

3. Committees

The Board of each institute may appoint such number of standing and ad hoc committees as it thinks fit to consider and report on any matter with which the Board is concerned.

4. Director

(1) There shall be for each institute a Director to be appointed by the Minister on the advice of the Council.

(2) The Director shall be-

    (a)  a person with wide experience of the matter with which the institute is concerned;

   (b)  charged with the day to day management of the affairs of the institute in accordance with such instruction as may from time to time be given to him by the Governing Board of the institute; and

      (c)  appointed in accordance with the regulations and conditions of service approved by the Council.

5. Other staff

The Board of each Institute may appoint such employees as are deemed necessary for the proper discharge of the functions of the Institute under this Act and pay such employees such remuneration and allowances as are payable to persons of equivalent grades in the service of the Council.

6. Fund

(1) Each Institute shall establish and maintain a fund from which shall be defrayed all expenditures incurred by the institute.

(2) There shall be paid into the fund such sums as may be made available to the Institute by the Council and such other assets as may accrue to the Institute from time to time.

(3) The fund shall be managed in accordance with rules made by the Federal Minister of Finance, and without prejudice to the generality of the power to make rules conferred by this section, the rules shall include provisions –

 (a)  specifying the manner in which the assets and the fund are to be held and regulating the making of payments to and from the fund;

   b) requiring the keeping of proper accounts and records for the fund in such form as may be specified by the rules;

 (c)  for ensuring that the accounts are audited annually by an auditor approved by the Council.

7. Annual estimate

Each Institute shall prepare and submit its programme and estimated budget and any annual revision for approval by the Council.

8. Annual report

The Board of each Institute shall prepare and submit to the Council an annual report on the activities of the Institute.

9. Power to borrow money

Each Institute may borrow or lend money only with the approval of the Council.

---

1. Governing boards

(1) Any research institute established under this Act shall have a governing board and shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

(2) The members of the governing board of each institute shall be appointed by the Minister with the approval of the President on the advice of the Council.

2. Powers

(1) Subject to the provisions of this Act, each institute shall have power to –

             (a)    prepare a programme of research within the field for which the institute is responsible, under the approved master plan prepared by the Council in pursuance of section 5 (b) of this Act, together with detailed estimates of the expenditure which will be required for carrying out the programme;

             (b)     review and, if necessary revise, each year the programme approved under sub-paragraph (1) (a) of this paragraph for the following year, together with the estimated budget for that year;

                      (c)    carry out the programmes of research approved by the Council;

            (d)    make suitable arrangement for the application of the results of the research work of the institute by Federal and State Ministries, agencies and the private sector to development activities; and

            (e)     do anything and enter into any transaction which in its opinion ought to be done in the proper discharge of its functions.

(2) Each institute shall, in particular, and without prejudice to the generality of the foregoing power, have power to acquire and hold immovable property.

(3) For the purpose of the Land Use Act, the purposes of an institute shall be public purposes of the Federation within the meaning of that Act.

[Cap. L5.]

3. Committees

The Board of each institute may appoint such number of standing and ad hoc committees as it thinks fit to consider and report on any matter with which the Board is concerned.

4. Director

(1) There shall be for each institute a Director to be appointed by the Minister on the advice of the Council.

(2) The Director shall be-

                (a)     a person with wide experience of the matter with which the institute is concerned;

                                 (b)   charged with the day to day management of the affairs of the institute in accordance with such instruction as may from time to time be given to him by the Governing Board of the institute; and

                (c)     appointed in accordance with the regulations and conditions of service approved by the Council.

5. Other staff

The Board of each Institute may appoint such employees as are deemed necessary for the proper discharge of the functions of the Institute under this Act and pay such employees such remuneration and allowances as are payable to persons of equivalent grades in the service of the Council.

6. Fund

(1) Each Institute shall establish and maintain a fund from which shall be defrayed all expenditures incurred by the institute.

(2) There shall be paid into the fund such sums as may be made available to the Institute by the Council and such other assets as may accrue to the Institute from time to time.

(3) The fund shall be managed in accordance with rules made by the Federal Minister of Finance, and without prejudice to the generality of the power to make rules conferred by this section, the rules shall include provisions –

                (a)     specifying the manner in which the assets and the fund are to be held and regulating the making of payments to and from the fund;

                (b)     requiring the keeping of proper accounts and records for the fund in such form as may be specified by the rules;

 (c)     for ensuring that the accounts are audited annually by an auditor approved by the Council.

7. Annual estimate

Each Institute shall prepare and submit its programme and estimated budget and any annual revision for approval by the Council.

8. Annual report

The Board of each Institute shall prepare and submit to the Council an annual report on the activities of the Institute.

9. Power to borrow money

Each Institute may borrow or lend money only with the approval of the Council.

---

See also:

– Agricultural Credit Guarantee Scheme Fund Act, 1977

– Agricultural and Rural Management Training Institute Act, 1980

---

Credit: Policy and Legal Advocacy Centre (PLAC)

Agricultural Credit Guarantee Scheme Fund Act

An Act to establish an Agricultural Credit Guarantee Scheme Fund into which shall be subscribed a certain sum to provide guarantees for loans granted for agricultural purposes by any bank. 
 [Commencement.]               [8th March, 1977]

Establishment and Management of the Fund 

1. Establishment of the Fund, etc. 

(1) There shall be established a fund to be known as the Agricultural Credit Guarantee Scheme Fund (in this Act referred to as “the Fund”) for the purpose of providing guarantees in respect of loans granted for agricultural purposes by any bank in accordance with the provisions of this Act.
(2) The guarantees to which subsection (1) of this section relates are guarantees in relation to the payment of the interest and principal of the loan.
(3) The reference in this section to agricultural purposes is a reference to any of the purposes set out in the Schedule to this Act.
[Schedule.]
(4) The Minister may by order published in the Federal Gazette add to, delete from, or otherwise vary the provisions of the Schedule to this Act.

2. Establishment of the Board 

(1) The Fund shall, subject to section 4 or this Act, be managed by a body to be known as the Agricultural Credit Guarantee Scheme Fund Board (in this Act referred to as “the Board”) which shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.
(2) The Board shall comprise-
(a)       four persons appointed by the Minister, one or whom shall be designated chairman;
(b)      two representatives of the Central Bank; and
(c)      one representative of the Bankers Committee.

(3) The quorum for meetings of the Board shall be four of whom at least one shall be a representative of the Central Bank.
(4) The Board shall meet not less than four times in each year and on such other occasions as the Board may consider necessary.
(5) 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 numbers to preside at that meeting.

(6) Subject to section 27 of the Interpretation Act (which provides for decisions of a statutory body to be taken by a majority of its members and for the person presiding to have a casting vote), the Board may make standing orders regulating its proceedings or any sub-committee thereof.
[Cap. 123]

(7) Where the Board desires to obtain the advice of any person on a particular matter, the Board may co-opt him as a member for such period as it thinks fit; but a person who is a member by virtue of this subsection shall not be entitled to vote at any meeting of the Board and shall not count towards a quorum.

(8) There shall be a secretary to the Board who shall be an official of the Central Bank designated as such and the secretariat of the Board shall be located in the Central Bank.
(9) The administrative expenses of the Board shall be borne by the Federal Government.

3. Functions of the Board, etc. 

(1) Notwithstanding any other provisions of this Act, the functions of the Board shall include the general power of-
        (a) monitor the operation and evaluate the progress of the Scheme;
       (b) advise the Minister as to changes required to improve the operation of the Fund;
       (c) receive and consider the report of the management agent of the Fund and advise the Minister thereon;
         (d) determine the remuneration of external auditors and solicitors;
       (e) perform such other duties relating to the Fund as may be referred to it by the Minister;
      (f)  publish names of defaulters of loans granted under this Act in the national newspapers;
       (g) approve the operational budget of the Fund; and
      (h) solicit the assistance of government loan machineries in the recovery of loans granted under this Act.

(2) The Minister may give the Board directions of a general character or relating generally to particular matters with regard to the exercise by the Board of its functions under this Act and it shall be the duty of the Board to comply with such directions.

4. Appointment of managing agent 

(1) The Minister may appoint for such period as he may deem fit any person (whether corporate or unincorporate) as the managing agent for the administration of the Fund and any person so appointed shall act in accordance with any general or special directions as may, from time to time, be given by the Board.
(2) The Central Bank shall he deemed to have been appointed as the managing agent for the purposes of subsection (1) of this section and the appointment shall have effect for such period as the Minister may direct.
(3) Any person appointed as the managing agent pursuant to this section shall be remunerated from moneys provided for that purpose by the Federal Government upon such terms as the Board may, with the approval of the Minister, determine.

Financial Provisions 

5. Amount to be paid into the Fund 

The Fund shall consist of the sum of one hundred million naira which shall be paid as soon as may be after the establishment of the Fund and shall be contributed-
       (a) as to sixty per cent, by the Federal Government; and
        (b) as to forty per cent, by the Central Bank.

6. Limits of liability of the Fund in respect of guarantees 

(1) The maximum liability of the Fund in respect of any guarantee given pursuant to this Act shall not exceed seventy-five per cent of the specified loan, being-
       (a)        in the case of a loan granted to any individual, any sum up to but not exceeding N100,000.00; and
             (b)        in the case of a loan granted to a co-operative society or a corporate body, any sum up to but not exceeding N1,000,000.00.
(2) For the purposes of this section, loan means the principal loan and the interest thereon.

7. Applications for loans and for guarantees, etc. 

(1) Applications for guarantees under this Act shall be made to the Board by the hank concerned following a request for a loan made to that bank and such applications shall be in such form as the Minister may prescribe.
(2) Where for any reason any request for a loan for the purposes of this Act is rejected by any bank, the bank shall give reasons therefore to the person making the request and shall specify what steps should be taken by the person to enable him to comply with the bank’s requirements.

8.  Form and terms of loan agreement 

Every agreement for a loan in respect of which a guarantee is to be given under this Act shall be in such form and upon such terms and conditions as the Minister may approve.

9. Rate of interest

The rate of interest payable on a loan granted pursuant to this Act shall be as may be directed by the Minister.

10. Forms of security 

(1) Security required by a bank for the purpose of any loan under this Act may be one or more of the following that is to say-
(a)    a charge on land in which the borrower holds a legal interest or a right to farm, or a charge on the crops on such land;
(b)    a charge on the movable property of the borrower;
(c)     a life assurance policy, a promissory note or other negotiable security;
  (d)    stocks and shares;
(e)     a personal guarantee;
  (f)     any other security acceptable to the bank;

(2) The requirement of security for a loan specified under the provisions of subsection (1) of this section may be waived in the case of a loan of the sum of N5,000.00 or below granted to a small scale farmer.

11. Safeguard in respect of certain loans 

Where a loan or any portion thereof, in respect or which a guarantee is to be given under this Act, is to be applied to the purchase of livestock, machinery or farming equipment, the loan or portion thereof, as the case may be, shall not be paid to the borrower but shall instead be paid by the bank directly to the supplier who shall furnish the bank with a copy of the delivery note or other document in evidence of the delivery of the livestock, machinery or farming equipment to the borrower.

12. Recovery of outstanding loan, etc. 

(1) Where there has been a default in the repayment of the interest or principal of any loan guaranteed under this Act, the bank concerned shall in the first instance endeavour to recover the amount outstanding from the borrower or his sureties, if any, and may for that purpose dispose of any security obtained in respect of the loan.

(2) Where any part of the interest or principal remains outstanding after the steps specified in subsection (1) of this section have been taken, or where the recovery of any amount outstanding is impracticable, the bank may apply, in the prescribed form, to the Board for payment and the Board shall, in accordance with the terms of the guarantee, settle the claim.

13. Loans to be applied for purposes for which made, and offences 

(1) No loan granted pursuant to this Act shall be applied to any purpose other than that for which the loan was granted.
(2) Any person who applies any loan granted pursuant to this Act in contravention of subsection (1) of this section shall be guilty of an offence and shall be liable on conviction to a fine of an amount not less than the amount of the loan in respect of which the offence was committed or to imprisonment for not less than five years.

(3) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate (or any person purporting to act in any such capacity) he as well as the body corporate shall be deemed to be guilty of the offence and may be proceeded against and punished accordingly.

Miscellaneous and Supplementary 

14. Rules and publication thereof

(1 ) The Minister may make rules with respect to any of the following matters, that is to say-
     (a)  form of application for loans and for guarantee of loans under this Act;
      (b)  terms, conditions, rates of interest, fees or administrative charges in respect of loans;
     (c) form of application for repayment of outstanding loans under any guarantee and other matters connected therewith;
      (d)  any other matter that may be incidental or supplemental to any of the above matters.

(2) It shall not be necessary for any rules made by the Minister under this section to be published in the Federal Gazette but where the provisions of any rules may affect the interest of any person the Board shall bring any information contained thereunder to the notice of the person affected in such manner (including publication thereof in the Federal Gazette) as the Board may deem necessary.

15. Banks to establish Agricultural Finance Departments

A lending bank shall establish at its head office, a department to be known as the Agricultural Finance Department which shall be responsible for-
       (a) the agricultural credit administration in the bank;
       (b) the formulation and implementation of agricultural credit policies of the bank;
      (c) the co-ordination of the activities of the Agricultural Credit Units in its zonal or area offices and branches.

16. Return by banks

(1) A lending bank shall prepare and submit to the Fund, in such form and within such period as the Minister may determine a return on its activities with regard to loans granted by the bank for the purposes of this Act.
(2) The Board may impose on any bank that fails to submit a return under subsection (l) of this section the following penalties, that is-
      (a) N500 for each day on which the bank fails to submit the return, for a maximum of 30 days; and
    (b) thereafter N1,000 for each day the failure persists.

17. Legal proceedings

All legal proceedings of a civil nature arising-
              (a) from the failure of any borrower to repay a loan granted by a bank and guaranteed under this Act, shall be instituted and conducted by or against the bank;
              (b) from any matter pertaining to any guarantee given pursuant to this Act, shall be instituted and conducted by or against the Board.

18. Investment of surplus moneys in the Fund

Moneys in the Fund which may at any time be surplus to the current needs of the Fund may be invested in such securities as may, from time to time, be approved by the Minister.

19. Accounts and audit 

(1) The managing agent shall keep separate accounts in respect of monies forming part of the Fund and proper records in relation thereto and shall prepare annually a statement of account in such form as the Minister may direct.
(2) For the purposes of subsection (1) of this section, the financial year of the Fund shall be from 1 January to 31 December of every year or such other period as may be determined by the Board with the approval of the Minister.
(3) The accounts of the Fund shall be audited annually by external auditors appointed by the Board from the list and in accordance with guidelines supplied by the Auditor-General for the Federation.

20. Annual reports

(1) It shall be the duty of the managing agent to prepare and submit through the Board to the Minister, not later than three months after the end of each financial year, a report which shall be in such form as the Minister may direct.
(2) The report shall include the audited accounts of the Fund in respect of the period in question together with the auditor’s report on the accounts and shall be presented by the Minister to the President so soon after receipt thereof as may be convenient.

21. Regulations 

The Board may, with the approval of the Minister, make regulations generally for carrying into effect the provisions of this Act and, in particular-
(a) to vary-

(i) the penalties which the Board may impose for failure to submit a return under section 16 of this Act;
(ii) the agricultural purposes set out in the Schedule to this Act;
                                       [Schedule.]
(iii) the maximum liability of the Fund in respect of guarantees;
(iv) the amount of unsecured loans that may be granted to a small scale farmer;
(v)  the amount of loans guaranteed to individuals and corporate bodies; and
(b)  to require a farmer, who receives a loan under this Act for insurable crops, to take an agricultural insurance.

22.  Interpretation 

In this Act, unless the context otherwise requires-
“Bank” has the same meaning as in the Bank and Other Financial Institutions Act;
                                                     [Cap. B3.]
“Board” means the Agricultural Credit Guarantee Scheme Fund Board established by section 2 of this Act;
“Central Bank” means the Central Bank of Nigeria established by the Central Bank of Nigeria Act;
[Cap. C4.]
“Fund” means the Agricultural Credit Guarantee Scheme Fund established by section 1 of this Act;
“Lending bank” means a bank concerned with the granting of loans under this Act;
[1993 No. 32.]
“Loan” includes advances, overdrafts and any credit facility;
“Minister” means the Minister charged with responsibility for Finance.

23. Short title

This Act may be cited as the Agricultural Credit Guarantee Scheme Fund Act.

SCHEDULE

[Section 1 (3).]
Agricultural purposes 
1. Any purpose connected with-
(a) the establishment or management of plantations for the production of rubber, oil palm, cocoa, coffee and similar crops;
(b) the cultivation or production of cereal crops, tubers, fruits of all kinds, cotton, beans, groundnuts, sheanuts, beniseed, vegetables, pineapples, bananas and plantains;
(c) livestock production including cattle ranching, piggery, poultry, and fish culture, fish captures and storage;
(d)   farm machinery and hire services.

2.  Notwithstanding the provisions of sub-paragraphs (a), (b) and (c) of paragraph 1 of this Schedule, agricultural purposes shall include integrated agricultural projects, incorporating production and processing, provided that the primary production element accounts for not less than forty per cent of the raw material required by the factory.

---

See also:

– African Charter on Human and People’s Rights (Ratification and Enforcement) Act, 1983

– Agricultural and Rural Management Training Institute Act, 1980

---

Credit: Policy and Legal Advocacy Centre (PLAC)

Agricultural and Rural Management Training Institute Act

An Act to establish a training organisation known as the Agricultural and Rural Management Training Institute to provide, among other things, detailed identification of management training needs in agricultural and rural development organisations throughout Nigeria, and to develop and implement training programmes to meet the needs of managers in the agricultural and rural development sector of the economy.

 [Commencement.]            [1st February, 1980]

1. Establishment of the Agricultural and Rural Management Training Institute

(1) There is hereby established at Ilorin a training institute to be known as the Agricultural and Rural Management Training Institute (in this Act referred to as “the Institute”) which shall have the functions assigned to it by this Act.

(2) The Institute shall be a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.

2. Governing Board of the Institute, etc.

(1) The government of the Institute and the direction of its affairs shall vest in the Board of Governors of the Institute (in this Act referred to as “the Board”).

(2) The Board shall consist of–

       (a) a chairman and two other members to be appointed by the President;

       (b) the Director of the Institute;

       (c) the Federal Director of Agriculture and Rural Development;

      (d) one representative to be chosen from the University of Ilorin, Ahmadu Bello University or University of Nigeria, Nsukka, in rotation by the National Universities Commission;

      (e) a representative of the Kwara State Polytechnic.

(3) Subject to subsection (4) of this section, a person appointed as a member of the Board (not being an ex-officio member) shall hold office for three years and shall be eligible for re-appointment for one further period of three years.

(4) The President may terminate the appointment of a member of the Board (not being an ex-officio member) if satisfied that it is not in the interest of the Institute that the person concerned should continue in office.

(5) Any member of the Board (not being an ex-officio member) may by notice in writing under his hand addressed to the Minister resign his office.

(6) The supplementary provisions contained in the Schedule to this Act shall have effect with respect to the proceedings of the Board and the other matters therein mentioned.

[Schedule.]

3. Functions of the Institute

(1) The functions of the Institute shall be to-

           (a)  provide detailed identification of management training needs in agricultural organisations and of technical employees in the rural sector of the economy and develop training programmes to meet these needs;

      (b) carry out training of students in areas identified in paragraph (a) of this subsection;

      (c) establish a residential campus at Ilorin and such other place as may be decided by the Board;

      (d) establish an audio-visual production unit which shall produce suitable teaching support materials;

             (e) promote or undertake any other activity that in the opinion of the Board is calculated to help achieve the      purposes of the Institute.

(2) The Institute shall ensure that the training approach to be followed at the Institute shall be highly job-specific and practical and shall utilise modern methods of management skills development usually utilised by similar establishments in order to attain the highest standards.

4. The Director of the Institute and other staff

(1) There shall be an officer of the Institute to be known as the Director who shall be appointed by the President.

(2) The Director shall be the chief executive of the Institute and shall be responsible to the Board for the day-to-day management of the affairs of the Institute.

(3) The Director shall hold office for a fixed term of four years, subject to renewal by the President for only one more term of the same duration.

(4) There may be appointed, from time to time, by the Board such other staff as may be required for the purpose of the efficient performance of the functions conferred on the Institute under or pursuant to this Act.

5. Service in the Institute to be pensionable

Service in the Institute shall be approved service for the purposes of the Pensions Act and, accordingly, officers and other persons employed in the Institute shall in respect of their services in the Institute be entitled to pensions, gratuities and other retirement benefits as are enjoyed by persons holding equivalent grades in the civil service of the Federation.

[Cap. P4]

6. Financial provisions

(1) The Institute shall establish and maintain a fund which shall be applied towards the promotion of the objectives specified in this Act.

(2) There shall be paid and credited to the fund established pursuant to subsection (1) of this section-

           (a) such sums as may be provided by the Government of the Federation;

           (b) fees charged for services rendered by the Institute; and

(c) all sums accruing to the Institute by way of gifts, testamentary disposition and endowments or contributions from philanthropic persons or organisations or otherwise howsoever.

7. Power to accept gifts

(1) The Institute may accept gifts of land, money or other property upon such terms and conditions, if any, as may be specified by the person or organisation making the gifts.

(2) The Institute shall not accept any gift if the conditions attached by the person or organisation making the gift to the acceptance thereof are inconsistent with the functions of the Institute.

8. Borrowing power

(1) The Institute may, with the consent of the Minister or in accordance with the general guidelines approved by the President, borrow by way of loan or overdraft from any source any moneys required by the Institute for meeting its obligations and discharging its functions under this Act so however that where the sum or the aggregate of the sums involved at any one time does not exceed N100,000.00 such consent or authority shall not be required.

(2) The Institute may, subject to the provisions of this Act and the conditions of any trust created in respect of any property, invest all or any of its funds with the like consent or general authority.

(3) The Board may invest any surplus funds of the Institute in such securities as may be approved by the President.

9. Annual estimates, accounts and audit

(1) The Board shall cause to be prepared not later than 30 June in each year an estimate of the expenditure and income of the Institute during the next succeeding year and when prepared they shall be submitted to the Minister.

(2) The Board shall cause to be kept proper accounts of the Institute and proper records in relation thereto and when certified by the Board such accounts shall be audited as provided in subsection (3) of this section.

(3) The accounts of the Institute shall be audited as soon as may be after the end of each year.

10. Annual report

The Board shall, not later than 30 September in each year, submit to the Minister a report on the activities of the Institute and its administration during the immediately preceding year and shall include in such report the audited accounts of the Institute.

11. Staff regulations

(1) The Board may, subject to the provisions of this Act, make staff regulations relating generally to the conditions of service of the employees of the Institute and without prejudice to the generality of the foregoing, such regulations may provide for-

(a) the appointment, promotion and disciplinary control (including dismissal) of employees of the Institute; and

                    (b) appeals by such employees against dismissal or other disciplinary measure,

and until such regulations are made, any instrument relating to the conditions of service of officers in the civil service of the Federation shall be applicable, with such modifications as may be necessary, to the employees of the Institute.

(2) Staff regulations made under subsection (1) or this section, shall not have effect until approved by the Minister and when so approved they need not be published in the Federal Gazette but the Board shall cause them to be brought to the notice of all affected persons in such manner as it may, from time to time, determine.

12. Procedure in respect of suits against the Institute, etc.

No suit shall be commenced against the Institute before the expiration of a period of one month after written notice of intention to commence the suit shall have been served upon the Institute by the intending plaintiff or his agent; and the notice shall clearly and explicitly state-

(a) the cause of action;
(b) the particulars of the claim;
(c) the name and place of abode of the intending plaintiff; and
(d) the relief which he claims.

13. Service of documents

The notice referred to in section 12 of this Act and any summons, notice or other document required or authorised to be served upon the Institute under the provisions of this Act or any other enactment or law may be served by delivering the same to the chairman or the Director of the Institute, or by sending it by registered post addressed to the Director at the principal office of the Institute.

14. Restriction on execution against the property of the Institute

In any action or suit against the Institute, no execution or attachment or process in the nature thereof shall be issued against the Institute, but any sums of money which may, by the judgment of the court, be awarded against the Institute shall subject to any directions given by the Institute, be paid from the general reserve fund of the Institute.

15. Power to give directions

The Minister may give the Board directions of a general character or relating generally to particular matters (but not to any individual or case) with regard to the exercise by the Board of its functions under this Act, and it shall be the duty of the Board to comply with such directions.

16. Interpretation

In this Act, unless the context otherwise requires-

“Board” means the Board of Governors of the Institute constituted as provided in section 2(1) of this Act;

“Chairman” means the chairman of the Board;

“Director” means the Director of the Institute;

“Institute” means the Agricultural and Rural Management Training Institute established by section 1 of this Act;

“member” means any member of the Board and includes the chairman;

“Minister” means the Minister charged with responsibility for Agriculture.

17. Short title

This Act may be cited as the Agricultural and Rural Management Training Institute Act.

SCHEDULE

[Section 2 (6.]

PROCEEDINGS OFTHE BOARD

Meetings

1.     (1) Subject to this Act and to section 27 of the Interpretation Act (which provides for the decisions of a statutory body to be taken by a majority of the members of the body and for the person presiding to have a second or casting vote) the Board may make standing orders regulating the proceedings of the Board or of any committee thereof.

[Cap. 123.]

(2) The quorum of the Board shall be the chairman and four other members, and the quorum of any committee of the Board shall be determined by the Board.

2.     (1) The Board shall meet not less than four times in each year and, subject thereto, 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 three other members, he shall summon a meeting of the Board to be held within fourteen 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 that meeting.

(3) Where the Board desires to obtain the advice of any person on a particular matter, the Board may co-opt him as a member for such period but such person shall not be entitled to vote at any meeting of the Board and shall not count towards the quorum.

Committees

3.      (1) The Board may appoint one or more committees to carry out on behalf of the Board such of its functions as the Board may determine.

(2) A committee appointed under this paragraph shall consist of such number of persons (not necessarily all members of the Board) as may be determined by the Board; and a person other than a member of the Board shall hold office on the committee in accordance with the terms of his appointment.

Supplementary

4.      (1) The fixing of the seal of the Institute shall be authenticated by the signature of the Chairman or of some other member authorised generally or specifically to act for that purpose by the Board.

(2) Any contract 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 Institute by the Director or any person generally or specially authorised to act for that purpose by the Board.

(3) Any document purporting to be a document duly executed under the seal of the Institute shall be received in evidence and shall, unless the contrary is proved, be presumed to be so executed.

5. Members of the Board who are not public officers shall be paid out of moneys at the disposal of the Board such remuneration, fees or allowances in accordance with such scales as may be approved, from time to time, by the Minister.

6. The validity of any proceedings of the Board or of a committee thereof shall not be affected by any vacancy in the membership of the Board or of a committee, or by reason that a person not entitled to do so took part in the proceedings.

7. Any member of the Board, and any person holding office on a committee of the Board, who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Board or a committee thereof shall forthwith disclose his interest to the Board and shall not vote on any question relating to the contract or arrangement.

---

See also:

– African Charter on Human and People’s Rights (Ratification and Enforcement) Act, 1983

– Advisory Council on Religious Affairs Act, 1987

---

Credit: Policy and Legal Advocacy Centre (PLAC)

African Charter on Human and People’s Rights (Ratification and Enforcement) Act

An Act to enable effect to be given in the Federal Republic of Nigeria to the African Charter on Human and Peoples’ Rights made in Banjul on the 19th day of January, 1981 and for purposes connected therewith.

[Commencement.]                              [17th March, 1983]

WHEREAS a Charter entitled the “African Charter on Human and Peoples’ Rights” has been duly adopted by diverse States in Africa and Nigeria is desirous of adhering to the said Charter;

AND WHEREAS it is necessary and expedient to make legislative provision for the enforcement in Nigeria of the said Charter by way of an Act of the National Assembly:

1. Enforcement of provisions of African Charter on Human and Peoples’ Rights

As from the commencement of this Act, the provisions of the African Charter on Human and Peoples’ Rights which are set out in the Schedule to this Act shall, subject as thereunder provided, have force of law in Nigeria and shall be given full recognition and effect and be applied by all authorities and persons exercising legislative, executive or judicial powers in Nigeria.

[Schedule.]

2. Short title

This Act may be cited as the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act.

SCHEDULE

               [Section I.]

TEXT OF AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS

African Charter on Human and Peoples’ Rights

Preamble

The African States members of the Organisation of African Unity, parties to the present convention entitled “African Charter on Human and Peoples’ Rights”.

Recalling Decision 115 (XVI) of the Assembly of Heads of State and Government at its Sixteenth Ordinary Session held in Monrovia, Liberia, from 17 to 20 July, 1979 on the preparation of a “a preliminary draft on an African Charter on Human and Peoples’ Rights providing inter alia for the establishment of bodies to promote and protect human and peoples’ rights”;

Considering the Charter of the Organisation of African Unity, which stipulates that “freedom, equality, justice and dignity are essential objectives for the achievement of the legitimate aspirations of the African peoples”;

Reaffirming the pledge they solemnly made in Articles 2 of the said Charter to eradicate all forms of colonialism from Africa, to co-ordinate and intensify their co-operation and efforts to achieve a better life for the peoples of Africa and to promote international co-operation having due regards to the Charter of the United Nations and the Universal Declaration of Human Rights;

Taking into consideration the virtues of their historical tradition and the values of African civilisation which should inspire and characterise their reflection on the concept of human and peoples’ rights;

Recognising on the one hand, that fundamental human rights stem from the attributes of human beings, which justifies their international protection and on the other hand that the reality and respect of peoples’ rights should necessarily guarantee human rights;

Considering that the enjoyment of rights and freedoms also inspires the performance of duties on the part of everyone;

Convinced that it is henceforth essential to pay particular attention to the right to development and that civil and political rights cannot be dissociated from economic, social and cultural rights in their conception as well as universality and that the satisfaction of economic, social and cultural rights is a guarantee for the enjoyment of civil and political rights;

Conscious of their duty to achieve the total liberation of Africa, the peoples of which are still struggling for their dignity and genuine independence, and undertaking to eliminate colonialism, neo-colonialism, apartheid, Zionism and to dismantle aggressive foreign military bases and all forms of discrimination, particularly those based on race, ethnic group, colour, sex, language, religion or political opinion;

Reaffirming their adherence to the principles of human and peoples’ rights and freedoms contained in the declarations, conventions and other instruments adopted by the Organisation of African Unity, the Movement of Non-Aligned Countries and the United Nations;

Firmly Convinced of their duty to promote and protect human and peoples’ rights and freedom taking into account the importance traditionally attached to these rights and freedoms in Africa;

Have agreed as follows:

PART I

Rights and Duties

CHAPTER I

Human and Peoples’ Rights

Article 1

The Member States of the Organisation of African Unity parties to the present Charter shall recognise the rights, duties and freedoms enshrined in this Charter and shall undertake to adopt legislative or other measures to give effect to them.

Article 2

Every individual shall be entitled to the enjoyment of the rights and freedoms recognised and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

Article 3

1. Every individual shall be equal before the law.
2. Every individual shall be entitled to equal protection of the law.

Article 4

Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Article 5

Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Article 6

Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular no one may be arbitrarily arrested or detained.

Article 7

1. Every individual shall have the right to have his cause heard. This comprises:

                               (a)     the right to an appeal to competent national organs against acts of violating his fundamental rights as recognised and guaranteed by conventions, laws, regulations and customs in force;

                (b)     the right to be presumed innocent until proved guilty by a competent court or tribunal;

                (c)     the right to defence, including the right to be defended by counsel of his choice;

                                          (d)    the right to be tried within a reasonable time by an impartial court or tribunal.

2. No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Article 8

Freedom of conscience, the profession and free practice of religion shall be guaranteed.

         No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms.

Article 9

1. Every individual shall have the right to receive information.
2.    Every individual shall have the right to express and disseminate his opinions within the law.

Article 10

1. Every individual shall have the right to free association provided that he abides by the law.
2.    Subject to the obligation of solidarity provided for in Article 29, no one may be compelled to join an association.

Article 11

Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restriction provided for by law, in particular those enacted in the interest of national security, the safety, health, ethics, rights and freedom of others.

Article 12

1. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law.

2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions provided for by law for the protection of national security, law and order, public health or morality.

3. Every individual shall have the light, when persecuted, to seek and obtain asylum in other countries in accordance with the laws of those countries and international conventions.

4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law.

5. The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious groups.

Article 13

1. Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with provisions of the law.
2. Every citizen shall have the right of equal access to the public services of his country.
3. Every individual shall have the right of access to public property and services in strict
   equality of all persons before the law.

Article 14

The right to property shall be guaranteed: It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

Article 15

Every individual shall have the right to work under equitable and satisfactory conditions and shall receive equal pay for equal work.

Article 16

1. Every individual shall have the right to enjoy the best attainable state of physical and mental health.

2. State Parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.

Article 17

1. Every individual shall have the right to education.
2. Every individual may freely, take part in the cultural life of his community.
3.   The promotion and protection of morals and traditional values recognised by the community shall be the duty of the State.

Article 18

1. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and morals.

2. The State shall have the duty to assist the family which is the custodian of morals and traditional values recognised by the community.

3. The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions.

4. The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs.

Article 19

All people shall be equal. They shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.

Article 20

1. All peoples shall have right to existence. They shall have the unquestionable and inalienable right to self-determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.

2. Colonised or oppressed people shall have the right to free themselves from the bonds of domination by resorting to any means recognised by the international community.

3. All peoples shall have the right to the assistance of the States Parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural.

Article 21

1. All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it.

2. In case of spoliation the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation.

3. The free disposal of wealth and natural resources shall be exercised without prejudice to the obligation of promoting international economic co-operation based on mutual respect, equitable exchange and the principle of international law.

4. States Parties to the present Charter shall individually and collectively exercise the rights to free disposal of their wealth and natural resources with a view to strengthening African Unity and solidarity.

5. States Parties to the present Charter shall undertake to eliminate all forms of foreign economic exploitation particularly that practised by international monopolies so as to enable their peoples to fully benefit from the advantage derived from their national resources.

Article 22

1. All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind.

2. States shall have the duty, individually or collectively to ensure the exercise of the right to development.

Article 23

1. All peoples shall have the right to national and international peace and security. The principles of solidarity and friendly relations implicitly affirmed by the Charter of the United Nations and reaffirmed by that of the Organisation of African Unity shall govern relations between States.

2. For the purpose of strengthening peace, solidarity and friendly relations, States Parties to the present Charter shall ensure that-

                               (a)     any individual enjoying the right of asylum under Article 12 of the present Charter shall not engage in subversive activities against his country of origin or any other State Party to the present Charter;

                               (b)    their territories shall not be used as bases for subversive or terrorist activities against the people or any other State Party to the present Charter.

Article 24

All peoples shall have the right to a general satisfactory environment favourable to their development.

Article 25

States Parties to the present Charter shall have the duty to promote and ensure through teaching, education and publication, the respect of the rights and freedoms contained in the present Charter and to see to it that these freedoms and rights as well as corresponding obligations and duties are understood.

Article 26

States Parties to the present Charter shall have the duty to guarantee the independence of the courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter.

Article 27

1. Every individual shall have duties towards his family and society, the State and other legally recognised communities and the international community.

2. The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.

Article 28

Every individual shall have the duty to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance.

Article 29 
The individual shall also have the duty-

1. to preserve the harmonious development of the family and to work for the cohesion and respect of the family; to respect his parents at all times, to maintain them in case of need;
2. to serve his national community by placing his physical and intellectual abilities at its service;
3. not to compromise the security of the State whose national or resident he is;
4. to preserve and strengthen social and national solidarity, particularly when the latter is threatened;
5. to preserve and strengthen the national independence and the territorial integrity of his country and to contribute to its defence in accordance with the law;
6. to work to the best of his abilities and competence, and to pay taxes imposed by law in the interest of the society;
7. to preserve and strengthen positive African cultural values in his relations with other members of the society, in the spirit of tolerance, dialogue and consultation and, in general, to contribute to the promotion of the moral well-being of society;
8. to contribute to the best of his abilities, at all times and at all levels, to the promotion and achievement of African Unity.

PART II

Measures of Safeguard

CHAPTER 1

Establishment and Organisation of the African Commission of Human and Peoples’ Rights

Article 30

An African Commission on Human and Peoples’ Rights, hereinafter called “the Commission”, shall be established with the Organisation of African Unity to promote human and peoples’ rights and ensure their protection in Africa.

Article 31

1. The Commission shall consist of eleven members chosen from amongst African personalities of the highest reputation, known for their high morality, integrity, impartiality and competence in matters of human and peoples’ rights; particular consideration being given to persons having legal experience.

2. The members of the Commission shall serve in their personal capacity.

Article 32

The Commission shall not include more than one national of the same State.

Article 33

The members of the Commission shall be elected by secret ballot by the Assembly of Heads of State and Government, from a list of persons nominated by the States Parties to the present Charter.

Article 34

Each State Party to the present Charter may not nominate more than two candidates. The candidate must have the nationality of one of the States Parties to the present Charter. When two candidates are nominated by a State, one of them may not be a national of that State.

Article 35

1. The Secretary-General of the Organisation of African Unity shall invite States Parties to the present Charter at least four months before the elections to nominate candidates.

2. The Secretary-General of the Organisation of African Unity shall make an alphabetical list of the persons thus nominated and communicate it to the Heads of State and Government at least one month before the elections.

Article 36

The members of the Commission shall be elected for a six-year-period and shall be eligible for re-election. However, the term of office of four of the members elected at the first election shall terminate after two years and the term of office of three others, at the end of four years.

Article 37

Immediately after the first election, the Chairman of the Assembly of Heads of State and Government of the Organisation of African Unity shall draw lots to decide the names of those members referred to in Article 36.

Article 38

After their election, the members of the Commission shall make a solemn declaration to discharge their duties impartially and faithfully.

Article 39

1. In case of death or resignation of a member of the Commission, the Chairman of the Commission shall immediately inform the Secretary-General of the Organisation of African Unity, who shall declare the seat vacant from the date of death or from the date on which the resignation takes effect.

2. If, in the unanimous opinion of other members of the Commission, a member has stopped discharging his duties for any reason other than a temporary absence, the chairman of the Commission shall inform the Secretary-General of the Organisation of African Unity, who shall then declare the seat vacant.

3. In each of the cases anticipated above, the Assembly of Heads of State and Government shall replace the member whose seat became vacant for the remaining period of his term unless the period is less than six months.

Article 40

Every member of the Commission shall be in office until the date his successor assumes office.

Article 41

The Secretary-General of the Organisation of African Unity shall appoint the Secretary of the Commission. He shall also provide the staff and services.

Article 42

1. The Commission shall elect its Chairman and Vice-Chairman for a two-year-period. They shall be eligible for re-election.

2. The Commission shall lay down its rules of procedure.

3. Seven members shall form the quorum.

4. In case of an equality of votes, the Chairman shall have a casting vote.

5. The Secretary-General may attend the meetings of the Commission. He shall neither participate in deliberations nor shall he be entitled to vote. The Chairman of the Commission may, however, invite him to speak.

Article 43

In discharging their duties, members of the Commission shall enjoy diplomatic privileges and immunities provided for in the General Convention on the Privileges and Immunities of the Organisation of African Unity.

Article 44

Provision shall be made for the emoluments and allowances of the members of the Commission in the Regular Budget or the Organisation of African Unity.

CHAPTER 11

Mandate of the Commission

Article 45

The functions of the Commission shall be –

1. to promote human and peoples’ rights and in particular-

2. to collect documents, undertake studies and researches on African problems in the field of human and peoples’ rights. organise seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples’ rights, and should the case arise, give its views or make recommendations to governments;

3. to formulate and lay down principles and rules aimed at solving legal problems relating to human and peoples’ rights and fundamental freedoms upon which African governments may base their legislation;

4. co-operate with other African and international institutions concerned with promotion and protection of human and peoples’ rights;

5. ensure the protection of human and peoples’ rights under conditions laid down by the present Charter;

6. interpret all the provisions of the present Charter at the request of a State Party, an institution of the OAU or an African organisation recognised by the OAU;

7. perform any other tasks which may be entrusted to it by the Assembly of Heads of State and Government.

CHAPTER 111

Procedure of the Commission

Article 46

The Commission may resort to any appropriate method of investigation; it may hear from the Secretary-General of the Organisation of African Unity or any other person capable of enlightening it.

COMMUNICATION FROM STATES

Article 47

If a State Party to the present Charter has good reasons to believe that another State Party to this Charter has violated the provisions of the Charter, it may draw, by written communication, the attention of that State to the matter. This communication shall also be addressed to the Secretary-General of the OAU and to the Chairman of the Commission. Within three months of the receipt of the communication, the State to which the communication is addressed shall give the enquiring State written explanation or statement elucidating the matter. This should include as much as possible relevant information relating to the laws and rules of procedure applied and applicable and the redress already given or course of action available.

Article 48

If within three months from the date on which the original communication is received by the State to which it is addressed, the issue is not settled to the satisfaction of the two States involved through bi-lateral negotiation or by any other peaceful procedure, either State shall have the right to submit the matter to the Commission through the Chairman and shall notify the other State involved.

Article 49

Notwithstanding the provisions of Article 47, if a State Party to the present Charter considers that another State Party has violated the provisions of the Charter, it may refer the matter directly to the Commission by addressing a communication to the Chairman, the Secretary-General of the Organisation of African Unity and the State concerned.

Article 50

The Commission can only deal with a matter submitted to it after making sure that all local remedies, if they exist, have been exhausted, unless it is obvious to the Commission that the procedure of achieving these remedies would be unduly prolonged.

Article 51

1. The Commission may ask the States concerned to provide it with all relevant information.
2.    When the Commission is considering the matter, States concerned may be represented before it and submit written or oral representations.

Article 52

After having obtained from the States concerned and from other sources all the information it deems necessary and after having tried all appropriate means to reach an amicable solution based on the respect for human and peoples’ rights, the Commission shall prepare, within a reasonable period of time from the notification referred to in Article 48, a report stating the facts and its findings. This report shall be sent to the States concerned and communicated to the Assembly of Heads of State and Government.

Article 53

While transmitting its report, the Commission may make to the Assembly of Heads of State and Government such recommendations as it deems useful.

Article 54

The Commission shall submit to each Ordinary Session of the Assembly of Heads of State and Government a report on its activities.

Other Communications

Article 55

1. Before each session, the Secretary of the Commission shall make a list of the communications other than those of States Parties to the present Charter and transmit them to the members of the Commission, who shall indicate which communications should be considered by the Commission.

2. A communication shall be considered by the Commission if a simple majority of its members so decide.

Article 56

Communications relating to human and peoples’ rights referred to in Article 55 received by the Commission shall be considered if they:

1.   indicate their authors even if the latter request anonymity;     

2. are compatible with the Charter of the Organisation of African Unity or with the present Charter;

3. are not written in disparaging or insulting language directed against the State concerned and its institution or to the Organisation of African Unity;

4. are not based exclusively on news disseminated through the mass media;

5. are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged;

6. are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter; and

7. do not deal with cases which have been settled by the State involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organisation of African Unity or the provisions of the present Charter.

Article 57

Prior to any substantive consideration, all communications shall be brought to the knowledge of the State concerned by the Chairman of the Commission.

Article 58

1. When it appears after deliberations of the Commission that one or more communications apparently relate to special cases which reveal the existence of a series of serious or massive violations of human and peoples’ rights, the Commission shall draw the attention of the Assembly of Heads of State and Government to these special cases.

2. The Assembly of Heads of State and Government may then request the Commission to undertake an in-depth study of these cases and make a factual report, accompanied by its finding and recommendations.

3. A case of emergency duly noticed by the Commission shall be submitted by the latter to the Chairman of the Assembly of Heads of State and Government who may request an in- depth study.

Article 59

1. All measures taken within the provisions of the present Charter shall remain confidential until such a time as the Assembly of Heads of State and Government shall otherwise decide.

2. However, the report shall be published by the Chairman of the Commission upon the decision of the Assembly of Heads of State and Government.

3. The report on the activities of the Commission shall be published by its chairman after it has been considered by the Assembly of Heads of State and Government.

CHAPTER IV

Applicable Principles

Article 60

The Commission shall draw inspiration from international law on human and peoples’ rights, particularly from the provisions of various African instruments on human and peoples’ rights, the Charter of the United Nations, the Charter of the Organisation of African Unity, Universal Declaration of Human Rights, other instruments adopted by the United Nations and by African countries in the field of human and peoples’ rights as well as from the provisions

of various instruments adopted within the specialised agencies of the United Nations of which the Parties to the present Charter are members.

Article 61

The Commission shall also take into consideration, as subsidiary measures to determine the principles of law, other general or special international conventions, laying down rules expressly recognised by member States of the Organisation of African Unity, African practices consistent with international norms on human and peoples’ rights, customs generally accepted as law, general principles of law recognised by African States as well as legal precedents and doctrine.

Article 62

Each State Party shall undertake to submit every two years, from the date the present Charter comes into force, a report on the legislative or other measures taken with a view to giving effect to the rights and freedoms recognised and guaranteed by the present Charter.

Article 63

1. The present Charter shall be open to signature, ratification or adherence of the member States of the Organisation of African Unity.

2. The instruments of ratification or adherence to the present Charter shall be deposited with the Secretary-General of the Organisation of African Unity.

3. The present Charter shall come into force three months after the reception by the Secretary-General of the instruments of ratification or adherence of a simple majority of the member States of the Organisation of African Unity.

PART 1l1

General Provisions

Article 64

1. After the coming into force of the present Charter, members of the Commission shall be elected in accordance with the relevant Articles of the present Charter.

2. The Secretary-General of the Organisation of African Unity shall convene the first meeting of the Commission at the headquarters of the Organisation within three months of the constitution of the Commission. Thereafter, the Commission shall be convened by its chairman whenever necessary, but at least once a year.

Article 65

For each of the States that will ratify or adhere to the present Charter after its coming into force, the Charter shall take effect three months after the date of the deposit by the State of its instrument of ratification or adherence.

Article 66

Special protocols or agreements may, if necessary, supplement the provisions of the present Charter.

Article 67

The Secretary-General of the Organisation of African Unity shall inform member States of the Organisation of the deposit of each instrument of ratification or adherence.

Article 68

The present Charter may be amended if a State Party makes a written request to that effect to the Secretary-General of the Organisation of African Unity. The Assembly of Heads of State and Government may only consider the draft amendment after all the States Parties have been duly informed of it and the Commission has given its opinion on it at the request of the sponsoring State. The amendment shall be approved by a simple majority of the States Parties. It shall come into force for each State which has accepted it in accordance with its constitutional procedure three months after the Secretary-General has received notice of the acceptance.

---

See also:

– Advisory Council on Religious Affairs Act, 1987

– Advertising Practitioner’s (Registration, etc.) Act, 1988

---

Credit: Policy and Legal Advocacy Centre (PLAC)

Advisory Council on Religious Affairs Act

An Act to provide for the establishment of an Advisory Council on Religious Affairs charged with responsibility for fostering religious harmony in the Country.

 [Commencement.]             [2nd October, 1987]

1. Establishment of the Advisory Council on Religious Affairs

There is hereby established a body to be known as the Advisory Council on Religious Affairs (in this Act referred to as “the Council”) which shall perform such functions as may be assigned to it under this Act.

2. Membership of the Council

(1) The Council shall consist of 12 members to represent the Christian groups and 12 members to represent the Muslim groups to be appointed by the President.

(2) The President, may vary, increase or reduce the membership of the Council by an order published in the Federal Gazette.

(3) The Council shall appoint from amongst its members on rotational basis a member to be the Chairman of the Council and another member as the Secretary, provided that both the Chairman and Secretary shall not be members of the same group.

3. Functions of the Council

The Council shall be charged with the following functions, that is-

                                 (a) promoting and inculcating moral values in the Nigerian society;

                   (b) serving as an avenue for articulating cordial relationship amongst the various religious groups and between them and the Federal Government;

                  (c) assisting the Federal and State Governments of Nigeria and the populace by stressing and accentuating the position and roles religion should play in national development;

                   (d) serving as a forum for harnessing religion to serve national goals towards economic recovery, consolidation of national unity and the promotion of political cohesion and stability;

                   (e)   considering and making recommendations to the Federal Government on matters that may assist in fostering the spiritual development of Nigeria in a manner acceptable to all religious groups;

                   (f)   making recommendations on such other matters as the Federal Government may from time to time refer to the Council.

4. Secretariat of the Council

(1) There shall be established a Secretariat for the Council to be situated at the Federal Ministry of Internal Affairs, Abuja.

 (2) Subject to the provisions of this Act, the Council shall operate as an autonomous body and the Ministry of Internal Affairs shall provide it with all reasonable facilities for its Secretarial.

5. Proceedings of the Council

(1) The Council shall have power to regulate its proceedings and may make standing orders for that purpose and subject to any standing orders and to subsection (2) or this section, may function notwithstanding-

       (a) any vacancy in its membership; or

       (b) any defect in the appointment of a member; or

       (c) that a person not entitled to do so took part in its proceedings.

(2) The quorum at any meeting of the Council shall be eight, consisting of four members from each group.

(3) Where standing orders made under subsection (1) of this section provide for the Council to co-opt persons who are not members of the Council, such persons may attend the meetings of the Council and advise the Council on any matter referred to them by the Council but shall not count towards a quorum and shall not be entitled to vote at any meeting of the Council.

6. Committees

(1) Subject to its standing orders, the Council may appoint such number of standing and ad hoc committees as it thinks fit to consider and report on any matter with which the Council is concerned.

(2) Every committee set up under this section shall be presided over by a member of the Council and shall be made up of such number of members as the Council may determine in each case.

(3) The quorum of any committee set up by the Council shall be as may be determined by the Council.

7. Financial provisions and audit

(1) The Council shall establish and maintain a fund from which shall be defrayed all expenditure incurred by the Council.

(2) There shall be paid or credited to the fund established in pursuance of this section-

      (a) such moneys as may be granted in each year to the Council by the Federal Government;

      (b) all other moneys accruing to the Council from any other source.

(3) The Secretary to the Council shall prepare not later than 31 August in each year an estimate of the expenditure and income of the Council during the next succeeding year and when so prepared shall be submitted to the Vice-President for approval.

(4) The Secretary to the Council shall be the accounting officer for the purpose of controlling and disbursing amounts from the fund established by this section.

(5) The accounts of the Council shall be audited by an auditor appointed by the Council from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation.

8. Annual report

The Council shall prepare and submit to the President in December of each year a report of the activities of the Council during the year.

9. Interpretation

 In this Act, unless the context otherwise requires-

“Council” means the Advisory Council on Religious Affairs established by section of this Act;

“members” includes the chairman and the secretary of the Council;  

         “Minister” means the Minister charged with responsibility for Internal Affairs; and
     

         “Ministry” shall be construed accordingly.

10. Short title

This Act may be cited as the Advisory Council on Religious Affairs Act.

---

See also:

– Advertising Practitioner’s (Registration, etc.) Act, 1988

– Advance Fee Fraud and Other Fraud Related Offences Act, 2006

---

Credit: Policy and Legal Advocacy Centre (PLAC)

Advertising Practitioner’s (Registration, etc.) Act

An Act to establish a council for advertising practitioners and to make provisions for the control of the practice of the profession of advertising.

[Commencement.]        [27th December, 1988]

PART I

Establishment of the Advertising Practitioners Council of Nigeria, etc.

1. Establishment of the Advertising Practitioners Council of Nigeria, etc.

There is hereby established for advertising practitioners a body to be known as the Advertising Practitioners Council of Nigeria (in this Act referred to as “the Council”) which shall be charged with the general duty of-

              (a) determining who are advertising practitioners;

                    (b) determining what standards of knowledge and skill are to be attained by persons seeking to become registered as members of the advertising profession and reviewing those standards from time to time;

                    (c) securing in accordance with the provisions of this Act, the establishment and maintenance of a register of persons entitled to practise as advertising practitioners and the publication, from time to time, of lists of those persons;

                    (d) regulating and controlling the practice of advertising subject to the approval of the Minister of Health, where the advertisement relates to matters of foods, cosmetics, beverages and drugs;

                    (e) conducting examinations in the profession and awarding certificates or diplomas to successful candidates as and when appropriate and for such purpose the Council shall prescribe fees to be paid in respect thereof;

      (f) performing the other functions conferred on the Council by this Act.

2. Membership of the Council

(1) The Council shall consist of-

      (a) a chairman who shall be a distinguished fellow of the profession to be appointed by the President;

       (b) seven persons to be appointed by the Minister one of whom shall be from the Ministry and others from amongst other interests in the field of advertising which in the opinion of the Minister ought to be adequately represented;

      (c) ten persons to be elected by the Association of Advertising Practitioners of Nigeria (in this Act referred to as “the Association”) in the manner for the time being provided by its constitution; and

       (d) two persons to represent institutions of higher learning in Nigeria offering courses leading to an approved qualification, to be appointed by the Minister in rotation, so however that the two persons shall not come from the same institution.

(2) The provisions set out in the First Schedule to this Act shall have effect with respect to the qualification, tenure of office of members of the Council and the other matters therein mentioned.

[First Schedule.]

3. Power of the Council

(1) Subject to subsection (2) of this section and to any directions of the Minister under this Act, the Council shall have power to do anything which in its opinion is calculated to facilitate the carrying out of its functions under this Act.

(2) The Council shall not have power to borrow or dispose of any property except with the prior consent of the Minister and shall not have power to pay remuneration (including pensions), allowances or expenses to any employee of the Council or any other person except in accordance with scales approved by the Minister.

4. Power to bestow honorary fellowship

The Council may if it deems it fit bestow an honorary fellowship on any deserving person who has distinguished himself in his calling and whose contribution is such that it is in the interest of the Council to be associated with such person. 

5. Fund of the Council

(1) The Council shall establish and maintain a fund for the purposes of this Act.
(2) There shall-

       (a) be paid into the fund of the Council-

                        (i)     all fees and other moneys payable to the Council in pursuance of this Act;

                                                 (ii)     such moneys as may be payable to the Council, whether in the course of the discharge of its functions or not; and

       (b) be paid out of the fund of the Council-

                        (i) the remuneration and allowances of the Registrar and other employees of the Council;

                                               (ii) such reasonable travelling and subsistence allowance of members of the Council in respect of the time spent on the business of the Council as    the Council, may, with the approval of the Minister, determine; and

                          (iii) any other expenses incurred by the Council in the discharge of its functions under this Act.

6. Financial provisions

(1) The Council shall prepare and submit to the Minister not later than the 30th day of September of each year (so however that the Minister may, if he considers it necessary, extend the period in the year in which this Act comes into force) an estimate of the income and expenditure of the Council during the next succeeding year.

(2) The Council shall keep proper accounts in respect of each year and proper records in relation to those accounts and shall cause the accounts to be audited within six months after the end of the year to which the accounts relate by auditors appointed from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation.

7. Directives of the Minister to the Council

The Minister may give to the Council directives or a general character or relating generally to particular matters but not to any individual person or case with regard to the exercise by the Council of its functions under this Act and it shall be the duty or the Council to comply with the directives.

8. Registrar and other staff of the Council

(1) It shall be the duty of the Council to appoint a fit and proper person to be the Registrar for the purposes or this Act.

(2) The Registrar shall, in addition to his other functions under this Act, be the Secretary to the Council and shall, on the instructions of the Chairman of the Council, convene and keep minutes of the proceedings at all meetings of the Council and committees thereof, as the case may be.

(3) The Council may appoint such other persons to be employees of the Council as the Council may determine to assist the Registrar in the exercise or his functions under this Act.

(4) The Council may, whenever the Registrar is absent, or for any other reason is unable to discharge the functions of his office, appoint an acting Registrar to discharge his functions.

(5) The Registrar and other employees of the Council shall hold office on such terms and conditions as the Council may, with the approval of the Minister, determine.

PART II

Registration

9. Preparation and maintenance of register

(1) It shall be the duty of the Registrar to prepare and maintain, in accordance with rules made by the Council under this section, a register of the names, addresses, approved qualifications and of such other particulars as may be specified of all persons who are entitled in accordance with the provisions of this Act to be registered as fellows, full
members, associates or students of the profession and who apply in the specified manner to be so registered.

(2) Subject to the provisions of this section, the Council shall make rules with respect to the form of keeping of the register and the making of entries therein, and in particular-

            (a) regulating the making of applications for registration and providing for the evidence to be produced in support of applications;

            (b) providing for the notification to the Registrar by the person to whom any registered particulars relate, of any change in those particulars;

            (c) authorising a registered person to have any qualification which is, in relation to his profession, an approved qualification or an accepted qualification under section 12 (2) of this Act, registered in relation to his name in addition to or, as he may elect in substitution for any other qualifications so registered;

      (d) specifying anything falling to be specified under the foregoing provisions of this section;

              (e) specifying the fees to be paid to the Council in respect of the entry of names on the register and authorising the Registrar to refuse to enter a name on the register until any fees specified for entry has been paid.

(3) It shall be the duty of the Registrar-

       (a) to correct, in accordance with the directions of the Council, any entry in the register which the Council directs him to correct as being in the opinion of the Council an entry which was incorrectly made;

       (b) to make, from time to time, any necessary alterations to the registered particulars or registered persons;

      (c) to remove from the register the name of any registered person who has died, has become insane or has committed an act of gross misconduct.

(4) If the Registrar-

                     (a) should send by post to any registered person a registered letter addressed to him at his address on the register enquiring whether the registered particulars relating to him are correct and receives no reply to that letter within three months from the date of posting it; and

                    (b) upon the expiration of the period sends in like manner to the persons in question a second letter and receives no reply to that letter within three months from the date of posting,

the Registrar may remove the particulars relating to the person in question from the register but the Council may direct the Registrar to restore to the register any particulars removed therefrom under this subsection.

10. Publication of register and lists of correction

(1) It shall be the duty of the Registrar-

       (a) to cause the register to be printed, published and put on sale to members of the public not later than two years from the beginning of the year in which this Act comes into force;

       (b) in each year after that in which a register is first published under paragraph (a) of this subsection, to cause to be printed, published and put on sale as aforesaid either a corrected edition of the register or a list of alterations made to each register since it was last printed; and

      (c) to cause a print of each edition or the register and of each list of corrections to be deposited at the principal office to the Council, and it shall be the duty of the Council to keep each register and lists so deposited open at all reasonable times for inspection by members of the public.

    (2) A document purporting to be a print of an edition of a register published under this section by authority of the Registrar in the current year or documents purporting to be prints of an edition of a register so published in the current year, shall (without prejudice to any other mode of proof) be admissible in any proceedings as evidence that any person specified in the document, or the documents read together, as being registered is so registered and that any person not so specified is not so registered.

11. Division of register

The register maintained under section 9 of this Act shall consist of three parts-

       (a) one part in respect of fellows;

       (b) one part in respect of full members;

        (c) one part in respect of associate members.

12. Registration

(1) A person shall be entitled to be registered as a student member of the profession and being so registered to receive a certificate of registration if he satisfies the Council that he is undergoing a course of studies recognised by the Council leading to a qualification in the profession in an institution approved by the Council.

(2) A person shall be entitled to be registered as an associate member of the profession and being so registered to receive a certificate of registration if –

       (a) he holds a University Degree or Higher National Diploma in mass communication or other professional qualification recognised by the Council and he is employed in a recognised organisation where he can acquire professional experience;

                                 (b) he is of good character;

      (c) he has not been convicted in Nigeria or elsewhere of an offence involving fraud or dishonesty; and

                                (d) he has attained the age of 21 years.

(3) A person shall be entitled to be registered as a full member of the profession and being so registered to receive a certificate of registration if-

       (a) he fulfils the conditions for registration under subsection (2) of this section;
and

      (b) he satisfies the Council that in the five years immediately preceding the date of his application, he has been in continuous active practice as an advertising practitioner either alone or in partnership with other advertising practitioners.

(4) A person shall be entitled to be registered as a fellow of the profession and being so registered to receive a certificate of registration if –

      (a) he fulfils the conditions for registration under subsection (2) or (3) of this section; and

            (b) he satisfies the Council that in the fifteen years immediately preceding the date of his application, he has been in continuous active practice with other advertising practitioners, and has in the opinion of the Council made significant contributions to the advertising profession.

(5) The Council may in its absolute discretion provisionally accept a qualification produced in respect of an application for registration under this section or direct that the application be received within such period as may be specified in the direction.

(6) The Council shall, from time to time, publish in the Federal Gazette particulars of the qualifications for the time being accepted for registration.

PART III

Training

13. Approval of courses

(1) The Council may approve for the purpose of section 12 of this Act-

       (a)  any course of training which is intended for persons seeking to become members of the profession under this Act and which the Council considers is designed to confer on persons completing it sufficient knowledge and skill for the practice of the profession;

       (b) any institution either in Nigeria or elsewhere which the Council considers is properly organised and equipped for conducting the whole or any part of the course of training approved by the Council under this section; or

      (c) any qualification which, as a result of examination taken in conjunction with the course of training approved by the Council under this section, is granted to candidates reaching a standard at the examination indicating, in the opinion of the Council, that they have sufficient knowledge and skill to practise the profession.

(2) The Council may, if it thinks fit, withdraw any approval given under this section in respect of any course, qualification or institution but before withdrawing such an approval, the Council shall-

              (a) give notice that it proposes to do so to persons by whom the course is conducted or the qualification is granted or the institution is controlled, as the case may be;

              (b) afford each such person an opportunity of making to the Council representation with regard to the proposal; and

              (c) take into consideration any representations made in respect of the proposal in pursuance of paragraph (b) of this subsection.

(3) In respect of any period during which the approval of the Council under this section for a course, institution or qualification is withdrawn, the course, institution or qualification shall not be treated as approved under this section but the withdrawal of such an approval shall not prejudice the registration or eligibility for registration of any person who by virtue of the approval was registered or eligible for registration immediately before the approval was withdrawn.

(4) The giving or withdrawal of an approval under this section shall have effect from such date, after the execution of the instrument signifying the giving or withdrawal of the approval, as the Council may specify in the instrument, and the Council shall-

             (a) as soon as may be, publish a copy of every instrument in the Federal Gazette; 
and

       (b) not later than seven days before its publication as aforesaid send a copy of the instrument to the Minister.

14. Supervision of institution and examination leading to qualifications

(1) It shall be the duty of the Council to keep itself informed of the nature of-

       (a) the instruction given at approved institutions to persons attending approved courses of training; and

                                  (b) the examinations as a result of which approved qualifications are granted,

and for the purpose of performing that duty, the Council may appoint, either from among its own members or otherwise, persons to visit approved institutions or attend such examinations.

(2) It ‘shall be the duty of a Visitor appointed under subsection (1) of this section to report to the Council on-

            (a) the adequacy of the instruction given to persons attending approved courses of training at institutions visited by him;

                                (b) the adequacy of the examination attended by him; and

              (c) any other matter relating to the institutions or examinations which the Council may, either generally or in a particular case, request him to report,

but no Visitor shall interfere with the giving of any instruction or the holding of any examination.

(3) On receiving a report made in pursuance of this section, the Council shall, as soon as may be, send a copy of the report to the person appearing to the Council to be in charge of the institution or responsible for the examinations to which the report relates requesting that person to make representations to the Council within such time as may be specified in the request not being more than one month beginning with the date of the
request.

15. Power of the Council to consider matters relating to training, etc.

(1) The Council may, if it thinks fit, consider and report to the Minister upon all matters relating to the professional training and other qualifications required for admission to the profession under this Act and the conditions of practice after registration.

(2) The Minister may require the Council to advise him on any matter referred to in subsection (1) of this section.

PART IV

Privileges of Registered Persons and Offences by Unregistered Persons

16. Certificate invalid if given by unregistered person

A certificate required by any enactment from any class of persons for whom a register is maintained under this Act shall not be valid, unless the person signing it is registered in accordance with this Act.

17. Appointment not to be held by unregistered person

(1) Subject to the provisions of this Act, no person, not being registered in accordance with this Act, shall be entitled to hold any appointment in the public service of the Federation or of a State or in any public or private establishment, body or institution, if the holding of such appointment involves the performance by him in Nigeria of any act pertaining to the profession for gain.

(2) Nothing in this section or in any other provisions of this Part of this Act shall prevent a person from holding any appointment referred to in subsection (1) of this section while he is undergoing training for the purpose of becoming qualified for registration under this Act under the supervision of persons who are registered in accordance with this Act.

18. Prohibition of a person falsely professing to be a registered person

Any person, not being registered in any register established under section 11 of this Act, who holds himself out to be so registered or uses any name, title, description or symbol calculated to lead any person to infer that he is so registered, shall be guilty of an offence and liable on conviction for a first offence to a maximum time of one thousand naira or to imprisonment for a term of six months or to both such fine and imprisonment, and on conviction for a second or any subsequent offence to imprisonment for a term of not less than one year or more than three years.

19. Recovery of fees

No remuneration shall be recoverable by legal proceedings in respect of any act pertaining to the profession of a registered person when performed by a person who is prohibited from performing such act for gain.

20. Offences

(1) If any person for the purpose of procuring the registration of any name, qualification or other matter-

       (a) makes a statement which he believes to be false in a material particular; or

       (b) recklessly makes a statement which is false in a material particular,

he shall be guilty of an offence under this section.

(2) If the Registrar or any other person employed by the Council wilfully makes any falsification in any matter relating to any register maintained under this Act, he shall be guilty of an offence under this section.

(3) A person guilty of an offence under this section shall be liable-

      (a) on conviction in a court of inferior jurisdiction, to a fine not exceeding five hundred naira; or

            (b) on conviction in a High Court or the Federal High Court to a fine not exceeding one thousand naira or to a term of imprisonment not exceeding two years, or to both such fine and imprisonment.

(4) Where an offence under this Part of this Act which has been committed by a body corporate is proved to have been committed with the connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person purporting to act in any such capacity, he, as well as the body corporate, shall be deemed to be guilty of that offence and punished accordingly.

21. Burden of proof

In any criminal proceedings against any person upon a charge of having performed an act which constitutes an offence if performed by an unregistered person, the person charged shall be deemed to be unregistered unless he proves the contrary.

PART V

Discipline

22. Establishment of the Disciplinary Committee and Investigating Panel

(1) There shall be established a disciplinary committee to be known as the Advertising Practitioners Disciplinary Committee (in this Act referred to as “the Disciplinary Committee”) which shall be charged with the duty of considering and determining any case referred to it by the panel established by the following provision of this Act.

(2) The Disciplinary Committee shall consist of seven members of the Council at least three of whom shall be members holding office by virtue of paragraph (c) of subsection (1) of section 2 of this Act.

(3) There shall be established a body to be known as the Advertising Practitioners Investigating Panel (hereafter in this Act referred to as “the Investigating Panel”) which shall be charged with the duty of-

                    (a) conducting preliminary investigation into any case where it is alleged that a registered person has misbehaved in his capacity as such, or should for any other reason be the subject of proceedings before the Disciplinary Committee; and

                                (b) deciding whether the case should be referred to the Disciplinary Committee.

(4) The Investigating Panel shall be appointed by the Council and shall consist of five members of the Council.

(5) The provisions of the Second Schedule to this Act shall, in so far as is applicable to the Disciplinary Committee and the Investigating Panel respectively, have effect with respect to those bodies.

[Second Schedule.]

23. Establishment of Advertising Standards Panel

(1) There shall be established by the Council, a panel to be known as the Advertising Standards Panel (in this Act referred to as “the Standards Panel”) which shall be charged with the duty of ensuring that advertisements conform with the prevailing Laws of the Federation as well as the codes of ethics of the advertising profession.

(2) The Standards Panel shall consist of not less than three members of the Council and the following other members, that is-

          (a) two representatives each of the following associations namely-

    (i) the Association of Advertising Practitioners of Nigeria;
    (ii) the Newspapers Proprietors Association of Nigeria;

(iii) the Consumers Association;

(iv) the Outdoor Advertising Association;

(b) three representatives of the Food and Drug Unit of the Federal Ministry of Health;

                 (c) two representatives each of-

          (i) advertisers;
(ii) National Council of Women Societies;
          (iii) the electronic media;
(iv) the Central Bank of Nigeria and other financial institutions.

(3) A member of the Standards Panel other than a member of the Council shall hold office on such terms and conditions as may be contained in his letter of appointment.

(4) A decision of the Standards Panel shall have effect except when nullified by the Council on appeal.

24. Proceedings of Disciplinary Committee

(1) At any meeting of the Disciplinary Committee five members shall form a quorum.

 (2) The Chairman shall preside at any meeting of the Disciplinary Committee or in his absence the members present at the meeting shall appoint one of the members to preside at the meeting.

(3) Any question proposed for decision by the Disciplinary Committee shall be determined by the majority of the members present and voting at a meeting of the Disciplinary Committee at which a quorum is present.

(4) At all meetings of the Disciplinary Committee each member present shall have one vote on a question proposed for decision by the Disciplinary Committee, and in the event of an equality of votes, the chairman shall have, in addition to a deliberative vote, a casting vote.

25. Penalties for unprofessional conduct

(1) Where-

                    (a) a person registered under this Act is convicted by any court or tribunal in Nigeria or elsewhere having power to award punishment for an offence (whether or not an offence punishable with imprisonment) which in the opinion of the Disciplinary Committee is incompatible with the status of such professional; or

                    (b) a registered person is judged by the Disciplinary Committee to be guilty of infamous conduct in a professional respect; or

      (c) the Disciplinary Committee is satisfied that the name of any person has been fraudulently registered,

the Disciplinary Committee may give any of the directions mentioned in subsection (2) of this section.

(2) The Disciplinary Committee may give a direction under subsection (1) of this section-

       (a) ordering the Registrar to strike the person’s name off the relevant part of the register;

        (b) suspending the person from practice for such period as may be specified in the direction;

                                  (c) reprimanding the person;

                      (d) ordering the person to pay to the Council any costs of and incidental to the proceedings or any other sums of money whatsoever incurred by the Council; or

                      (e) cautioning the person and postponing for a period not exceeding one year any further action against him on one or more conditions as to his conduct during that period,

and any such direction may, where appropriate, include provisions requiring the refund of moneys paid or the handing over of documents or any other thing, as the case may require.

(3) For the purposes of subsection (1) of this section, a person shall not be treated as convicted unless the conviction stands at a time when no appeal or further appeal is pending or may (without extension of time) be brought in connection with the conviction.

(4) In any inquiry under this section, any finding of fact which is shown to have been made in-

       (a) any criminal proceedings in a court in Nigeria; or

       (b) any civil proceedings in a court in Nigeria,

shall be conclusive evidence of the fact found.

(5) If, after due inquiry, the Disciplinary Committee is satisfied that during the period of any postponement under paragraph (e) of subsection (2) of this section, a person has not complied with the conditions imposed thereunder, the Disciplinary Committee may, if it thinks fit, impose anyone or more of the penalties mentioned in paragraphs (a), (b), (c) or (d) of that subsection.

(6) A certificate under the hand of the Chairman that any costs have been ordered to be paid by a person under

this section shall be conclusive evidence thereof.

26. Restoration of registration

(1) Where the name of a person has been struck off the register in pursuance of a direction given under section 23 of this Act, the Disciplinary Committee, may if it thinks fit, at any time direct the restoration of his name to the register.

(2) An application for the restoration of a name to a register under subsection (1) of this section shall not be made to the Disciplinary Committee before the expiration of such period from the date of the striking off (and where he has made such an application, from the date of his last application) as may be specified in the direction.

(3) There shall be payable to the Council by any person on the restoration of his name to a register in pursuance of a direction given under this section the like fees as would be payable by that person on first becoming registered on that register.

27. Striking off entries from register on grounds of fraud or error

(1) If it is proved to the satisfaction of the Disciplinary Committee that any entry made in a register had been fraudulently or incorrectly made, the Disciplinary Committee may direct that the entry shall be struck off from the register.

(2) A person may be registered in pursuance of any provisions of this Act notwithstanding that his name had been struck off in pursuance of a direction given under subsection (1) of this section, but if it was so struck off on the ground of fraud, he shall not be registered except if an application in that behalf is made to the Disciplinary Committee and on any such application the Disciplinary Committee may, if it thinks fit, direct that he
shall be registered or shall not be registered until the expiration of such period as may be specified in the direction.

(3) Any reference in this Act to the striking off from or the restoration to a register of the name of a person shall be construed as including a reference to the striking off from or the restoration to the register of any other registrable particulars relating to that person.

28. Appeal to the Court of Appeal

(1) Where the Disciplinary Committee-

       (a) makes a finding and imposes a penalty on a registered person under section 25 of this Act; or

       (b) rejects an application for restoration of a name to a register under section 26 (1) of this Act; or

                                 (c) directs the striking off of an entry from a register under section 27 (1) of this Act,

the Registrar shall give the person to whom the proceedings relate notice in writing thereof and such person may, within 28 days from the date of service on him of the notice, appeal to the Court of Appeal.

(2) On any appeal under this section, the Council shall be the respondent.

(3) No direction for the striking off of the name of a registered person from a register under section 25 of this Act shall take effect until the expiration of the time for appealing or if an appeal is brought, until such time as the appeal is disposed of, withdrawn or struck out for want of prosecution, as the case may be.

(4) The Court of Appeal may, on an appeal under this section-

                     (a) confirm, vary or set aside any finding of fact, penalty imposed or direction given by the Disciplinary Committee;

                     (b) confirm the rejection of the Disciplinary Committee of the application for restoration or direct the restoration of the name to the register;

                                 (c) remit the matter to the Disciplinary Committee for further consideration; or

                    (d) make such other order as to costs or otherwise as may to it seem just, but no proceedings before the Disciplinary Committee shall be set aside by reason only of informality in those proceedings which did not embarrass or prejudice the appellant.

PART VI

Supplementary

29. Regulations

(1) The Minister may make regulations as may in his opinion be necessary or expedient for giving full effect to the provisions of this Act and for the administration thereof.

(2) Any power to make regulations, rules or orders conferred under this Act shall include-

                    (a) the power to make provisions for such incidental and supplementary matters as the authority making the instrument considers expedient for the purposes of the instruments; and

                                (b) the power to make different provisions for different circumstances.

30. Interpretation

In this Act, unless the context otherwise requires-

“Association” means the Association of Advertising Practitioners of Nigeria;

“Council” means the Advertising Practitioners Council of Nigeria established under section 1 of this Act;

“member” means a member of the Board and includes the Chairman;

“Minister” means the Minister charged with the responsibility for matters relating to information and “Ministry” shall be construed accordingly;

“profession” means the advertising profession;

      “register” means the register maintained in pursuance of section 9 of this Act;
 

“registered” means registered as a fellow, member, associate or student member or the profession in the part of the register relating to fellows, members, associates or students, as the case may be;

“Registrar” means the Registrar appointed under section 8 of this Act.

31. Short title

This Act may be cited as the Advertising Practitioners (Registration, etc.) Act.

SCHEDULES

FIRST SCHEDULE [Section 2 (2).]

Qualification and Tenure of Office of Members

1. (1) A person, other than a person appointed under section 2 (1) (d) of this Act, shall not be a member of the Council unless he is a citizen of Nigeria and is registered as a member of the profession.

(2) In exercise of his power under section 2 (1) (b) of this Act, the Minister shall take into consideration representatives of print media, commercial radio and television broadcasting, outdoor advertising and the advertisers.

(3) Subject to section 2 (2) of this Act, the Chairman shall hold office for a period not exceeding three years beginning with the date of his appointment and shall not be immediately eligible to be re-appointed as Chairman, except for the first Chairman who may be re-appointed for one more term only.

 (4) A person who has ceased to be a chairman of the Council shall be eligible to become a member of the Council.

(5) Subject to the provisions of this paragraph, a member of the Council other than a public officer shall hold office for a period not exceeding three years beginning with the date of his appointment or election, as the case may be.

(6) Any member of the Council may by notice to the Council, resign his membership.
(7) Subject to section 2 of this Act, a person who has ceased to be a member of the Council shall be eligible for re-appointment or re-election, as the case may be.

(8) Where a member of the Council ceases to hold office before the date when his term of office would have expired by effluxion of time, the body or person by whom he was appointed or elected shall as soon as may be, appoint or elect a person to fill the vacancy for the residue of the term.

Proceedings of the Council

2. Subject to the provisions of this Act and section 27 of the Interpretation Act (which provides for decisions of a body to be taken by a majority of the members of the body and for the Chairman to have a second or casting vote) the Council may make standing orders regulating the proceedings of the Council or of any committee thereof or elect a temporary Vice-Chairman in the absence of the Chairman for the conduct of the affairs of the Council.

[Cap. 123.)

3. The quorum of the Council shall be seven and the quorum of any committee of the Council shall be as determined by the Council.

4. At any time while the office of the Chairman is vacant or the Chairman is in the opinion of the Council temporarily or permanently unable to perform the functions of his office, the Vice-Chairman shall perform those functions and references in this Schedule to the Chairman shall be construed accordingly.

5.     (1) Subject to the provisions of any applicable standing orders, the Council shall meet whenever summoned by the Chairman and if the Chairman is required so to do by notice given to him by not less than six other members, he shall summon a meeting of the Council to be held within twenty-one days from the date on which the notice is given.

(2) At any meeting of the Council, the Chairman or in his absence, the Vice-Chairman shall preside, but if both are absent the members present at the meeting shall appoint one of their members to preside at that meeting.

(3) Where the Council wishes to obtain the advice of any person on a particular matter, the Council may co-opt him as a member for such period as it thinks fit, but a person who is a member 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.

(4) Notwithstanding anything to the contrary, the first meeting of the Council shall be summoned by the Minister who may give such directions as to the procedure to be followed at that meeting as he may deem fit.

Committees

6.     (1) The Council may appoint one or more committees to carry out, on behalf of the Council, such of its functions as the Council may determine.

(2) A committee appointed under this paragraph shall consist of the number of persons determined by the Council and not more than one-third of those persons may be persons who are not members of the Council.

(3) A person other than a member of the Council shall hold office on a committee in accordance with the term of the letter by which he is appointed.

(4) A decision of a committee of the Council shall be of no effect until it is confirmed by the Council.

Miscellaneous

7.     (1) The fixing of the seal of the Council shall be authenticated by the signature of the chairman or of some other member authorised generally or specially by the Council to act for that purpose.

(2) Any contract 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 Council by any person generally or specially authorised by the Council for that purpose.

SECOND SCHEDULE [Section 22 (5).]

Supplementary Provisions relating to the Disciplinary Committee, the Investigating Panel and the Standards Panel

The Disciplinary Committee

1. (1) The Chief Justice of Nigeria shall make rules as to the procedure to be followed and the rules of evidence to be observed in proceedings before the Disciplinary Committee.

     (2) The rules shall in particular provide-

                                (a)     for securing that notice of proceedings shall be given at such time, and in such manner as may be specified by the rules, to the person who is the subject of the proceedings;

                (b)     for determining who, in addition to the person aforesaid, shall be a party to the proceedings;

                               (c)     for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the Disciplinary Committee;

                (d)     for enabling any party to the proceedings to be represented by a legal practitioner;

                               (e)     subject to the provisions of section 25 (2) (d) of this Act, as to the costs of proceedings before the Disciplinary Committee;

                               (f)     for requiring in a case where it is alleged that the person who is the subject of the proceedings is guilty of infamous conduct in any professional respect, that where the Disciplinary Committee judges that the allegation has not been proved, it shall record a finding that the person is not guilty of such conduct in respect of the matter to which the allegation relates;

                              (g)     for publishing in the Federal Gazette of notice of any direction of the Disciplinary Committee which has taken effect, providing that, a person’s name shall be struck off from the register. 

2.     (1) For the purpose of advising the Disciplinary Committee on questions of law arising in proceedings before it, there shall in such proceedings be an assessor to the Disciplinary Committee who shall be appointed by the Council on the recommendation of the Attorney-General of the Federation and shall be a legal practitioner of not less than seven years’ standing.

(2) The Attorney-General of the Federation shall make rules as to the functions of assessors appointed under this paragraph, and in particular such rules shall contain provisions for securing-

                                (a) that where an assessor advises the Disciplinary Committee on any question of law as to evidence, procedure or any other matter specified by the rules, he shall do so in the presence of every party or person representing a party to the proceedings who appears thereat or, if the advice is tendered while the Disciplinary Committee is deliberating in private, that every such party or person as aforesaid shall be informed as to what advice the assessor has tendered;

                                (b) that every party or person as aforesaid shall be informed if in any case the Disciplinary Committee does not accept the advice of the assessor on such a question as aforesaid.

(3) An assessor may be appointed under this paragraph either generally or for any particular proceedings or class of proceedings, and shall hold and vacate office in accordance with the terms of the instrument by which he is appointed.

The Investigating Panel

1. The quorum of the Investigating Panel shall be three.
2.   The Investigating Panel may, at any of its meetings attended by not less than five members of the Investigating Panel, make standing orders with respect to the Investigating Panel and subject to the provisions of any such standing orders, the Investigating Panel may regulate its own procedure.

5. No member of the Investigating Panel shall sit as a member of the Disciplinary Committee.

Miscellaneous

6. A person ceasing to be a member of the Disciplinary Committee, the Investigating Panel or the Standards Panel shall be eligible for re-appointment as a member of that body.

7. The Disciplinary Committee, the Investigating Panel or the Standards Panel may act notwithstanding any vacancy in the membership of any of the said bodies and the proceedings of any of such bodies shall not be invalidated by any irregularity in the appointment of a member of such bodies (or subject to paragraph I of this Schedule) or by reason of the fact that any person who was not entitled to do so took part in the proceedings of any of such bodies.

8. The Disciplinary Committee, the Investigating Panel or the Standards Panel may each sit in two or more places.

9. Any document authorised or required by virtue of this Act to be served on the Disciplinary Committee, the Investigating Panel or the Standards Panel shall be served on the Registrar.
10. Any expenses of the Disciplinary Committee, the Investigating Panel or the Standards Panel shall be defrayed by the Council.

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation 
1. Advertising Practitioners (Disciplinary Committee) Rules.

ADVERTISING PRACTITIONERS (DISCIPLINARY COMMITTEE) RULES

[S.1. 2 of 1999]

ARRANGEMENT OF RULES

RULE

1. Reference of case to Committee.
2. Parties and appearance.
3. Notice of hearing and service.
4. Witnesses and evidence.
5. Amendment of charges.
6. Proceedings to be in public.
7. Adjournment of hearing.
8. False evidence.
9. Findings and costs.
10. Publication of Committee’s findings.
11. Records of proceedings.
12. Power to dispense with certain requirements.
13. Interpretation.
14. Citation.

ADVERTISING PRACTITIONERS (DISCIPLINARY COMMITTEE) RULES

under paragraph 1, Second Schedule
             [S.1. 2 of 1999.]

 [Commencement.]             [21st May, 1998]

Proceedings before the Committee

1. Reference of case to Committee

In any case where in pursuance of section 21 (3) of the Act the Panel is of the opinion that a prima facie case is made against an advertising practitioner, the Panel shall prepare a report of the case and formulate any appropriate charge or charges and forward them to the Secretary together with all the documents considered by the Panel.

2. Parties and appearance

(1) The parties to proceedings before the Committee shall be-

                         (a)        the complainant;

                         (b)        the respondent;

(c)       any other person required by the Committee to be joined or joined by leave of the Committee.

(2) Any party to the proceedings may appear in person or be represented by a legal practitioner, so however that the Committee may order a party to the proceedings to appear in person if it is of opinion that it is necessary in the interest of justice but without prejudice to his right to counsel.

3. Notice of hearing and service

(1) On the direction of the Chairman, the Secretary shall fix a day for the hearing of the case and forthwith thereafter shall, in the form set out in the Schedule to these rules, serve notice thereof on each party to the proceedings.

[Schedule.]

(2) The Secretary shall serve on each party, other than the complainant, copies of the report and all the charges prepared by the Panel and all documents considered by the Panel.

(3) It shall be sufficient compliance with this rule if any process required to be served is handed to the party concerned or effected personally or is sent by registered post to the last known place of residence or abode of the party.

(4) Any party to the proceedings before the Committee who fails to appear or be represented, or who has previously appeared before the Committee but subsequently fails to appear or be represented, may apply within 30 days after the date when the pronouncement of the findings and directions of the Committee were given for a re-hearing on the grounds of want of notice or other good and sufficient reason; and the Committee may, in appropriate cases, grant the application upon such terms as to costs or otherwise as it thinks fit.

4.   Witnesses and evidence

 The Committee may in the course of its proceedings hear such witnesses and receive such documentary evidence as in its opinion may assist in arriving at a conclusion as to the truth or otherwise of the charge or charges referred to it by the Panel; and in the application of this rule, the provisions of the Evidence Act shall apply to any such proceedings.

[Cap. E.14.]

5. Amendment of charges

If in the course of the proceedings it appears to the Committee that the charge or charges referred to it by the Panel require to be amended in any respect, the Committee may permit such amendment as it thinks fit.

6. Proceedings to be in public

The proceedings of the Committee shall be held, and its findings and direction shall be pronounced, in public.

7. Adjournment of hearing

The Committee may, of its own motion, or upon application of any party, adjourn the hearing on such terms as to costs or otherwise as the Committee may think fit.

8. False evidence

If any person wilfully gives false evidence on oath before the Committee during the course of any proceedings, or wilfully makes a false statement in any affidavit sworn for the purpose of any such proceedings, the Committee may refer the matter to the Attorney-General of the Federation for any action he may deem fit.

Findings, etc.

9. Findings and costs

If after the hearing, the Committee adjudges that the charge of professional misconduct has not been proved, the Committee-

              (a)       shall record a finding that the respondent is not guilty of such conduct in respect of the matters to which the charge relates;

                 (b)      may, nevertheless, order any party (except the complainant) to pay the costs of the proceedings if, having     regard to his conduct and to all the circumstances of the case, the Committee thinks fit so to order.

10. Publication of Committee’s findings

Subject to section 23 (3) of the Act (which relates to appeals), any direction given by the Committee shall be published in the Federal Gazetteas soon as may be after the direction takes effect.

11. Records of proceedings

(1) Notes of the proceedings may be taken by a person appointed by the Committee and any party who appeared at the proceedings shall be entitled to inspect the record thereof.

(2) The Secretary shall supply to any person entitled to be heard upon an appeal against the direction of the Committee, and to the Advertising Practitioners Council of Nigeria, but to no other persons, a copy of such notes on payment of such charges as may be determined by the Secretary.

(3) If no notes are taken, the Chairman shall take a note of the proceedings and, accordingly, the provisions of these rules as to inspection and supplying of copies shall apply to such notes.

12. Power to dispense with certain requirements

The Committee may dispense with any requirement of these rules respecting notices, affidavits, documents, service or time in any case where it appears to the Committee to be just to do so; and the Committee may in any appropriate case extend the time to do anything under these rules.

Supplementary

13. Interpretation

In these rules, unless the context otherwise requires-

“chairman” means the chairman of the Advertising Practitioners Disciplinary Committee;

“complainant” means the Advertising Practitioners Investigating Panel or any member thereof;

“respondent” means the person required to answer any charge of professional misconduct;

“Secretary” means a person appointed to act as the Registrar under section 7 of the Act.

14. Citation

These rules may be cited as the Advertising Practitioners (Disciplinary Committee) Rules 1998.

SCHEDULE
[Rule 3.]

Notice of Hearing by the Advertising Practitioners Disciplinary Committee 
In the matter of the Advertising Practitioners (Registration, etc.) Act, (Cap. A 7)

and

In the matter of A.B, a registered Advertising Practitioner

TAKE NOTICE that the report and charges prepared by the Advertising Practitioners Investigating Panel in the above matter are fixed for hearing by the Advertising Practitioners Disciplinary Committee

at……………………………………….on the…………day of……………………… ….  20 ………………………………….

Copies of:

(a) the report;

(b) the charges; and

 (c)               ……………………………………………………………………………………………. are annexed hereto.

DATED the …………………………day of …………………………………………………….20 ……………………………..

…………………………………..

                                        Secretary to the Committee

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See also:

– Advance Fee Fraud and Other Fraud Related Offences Act, 2006

– Admiralty Jurisdiction Act, 1991

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Credit: Policy and Legal Advocacy Centre (PLAC)