CROSS RIVER – SPORTS COMMISSION LAW

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LAWS OF CROSS RIVER STATE

SPORTS COMMISSION LAW

ARRANGEMENT OF SECTIONS

PART I

CHAPTER S8

Establishment and composition of the Commission

SECTION

1. Establishment of Commission.
2. Membership of the Commission.
3. Appointment of Co-ordinators.
4. Tenure and Remuneration.

PART II

Functions and powers

5. Functions of Commission.
6. Powers.

PART III

Establishment of Governing Councils, memberships and functions

7. Establishment of Government Councils.
8. Functions of the Governing Councils.

PART IV

Establishment, membership, functions and powers of Local Government

Sports Committees and associations

9. Establishment of Local Government Sports Committee.

PART V

Funds and accounts

10. Funds.
11. Borrowing powers.
12. Investment.
13. Bank accounts.
14. Annual reports and estimates.
15. Accounts and Audit.

PART VI

Establishment of Sports Commission Reserve Fund

SECTION

16. Reserve Fund.

PART VII

Meetings of the Commission and powers to co-opt members

17. Co-opted Member.
18. Validity of proceedings.
19. Quorum.
20. Meetings.
21. Standing Orders.

PART VIII

Miscellaneous provisions

22. Authentication of documents.
23. Liability of members.
24. Representation in Court.
25. Directions by the Governor.
26. Award of contract.
27. Regulations.
28. Pension and gratuity.
29. Repeal of Cap. 111.
30. Interpretation.
31. Short title.

SCHEDULE

Supplementary provisions relating to the Commission, etc.

CHAPTER S8

SPORTS COMMISSION LAW

A Law to establish the Sports Commission for the State and for matters connected thereto and to repeal the Sports Council Law.

(23rd January, 2001)

[Commencement.]

PART I

Establishment and composition of the Commission

1. Establishment of Commission

(1)      There is hereby established a Commission to be known as the Sports Commission.

(2)      The Commission shall be a body corporate with perpetual succession and a common seal and shall have power to sue and be sued in its corporate name and to acquire, hold and dispose of movable and immovable property.

2. Membership of the Commission

(1)      The Commission shall consist of a Chairman and four other members who shall be appointed by the Governor subject to confirmation by the House of Assembly.

(2)      The Director of Sports in the Commission shall serve as the Executive Secretary of the Commission.

(3)      Members other than the Executive Secretary shall be on part time.

3. Appointment of Co-ordinators

The Commission shall upon nomination by each Local Government Council in the State, appoint Co-ordinators who shall liaise with the Commission to ensure effective implementation of sports programmes in the respective Local Government Area.

4. Tenure and Remuneration

The tenure of office of members and their remuneration and entitlements shall be as provided in the Schedule to this Law.

PART II

Functions and powers

5. Functions of Commission

The functions of the Commission shall be—

(a)      to co-ordinate the activities of ministries, parastatals, Local Government Councils, organisations and statutory bodies as relating to sporting matters and programmes;

(b)      to organise tournaments in various sporting events in the State;

(c)      to organise and maintain sports stadia, playing fields, buildings and sports arena in the State;

(d)      to establish and maintain training centres for sports organisers, sportsmen and sports instructors;

(e)      to facilitate the training and sponsorship of sports organisers, sportsmen and sports instructors within and outside Nigeria;

(f)      to establish necessary contacts and maintain relations and liaison with Authorities responsible for sporting activities in other States in the Federation and at the Federal level;

(g)      to collate, publish and disseminate information in sports within and outside the State;

(h)      to collect and disburse monies for funding of sporting activities;

(i)       to identify, encourage and promote recreational activities which aid the development of the new sports;

(j)      to manage all sports facilities and stadia under the Commission’s control with a view to generate revenue;

(k)      to conceptualise and implement revenue yielding programmes and activities;

(l)       to encourage activities that promote participation in sports; and

(m)     to lease or let part of the stadia facilities under their control.

6. Powers

(1)      The Commission may directly or acting through its agents, subject to the provisions of this Law, have power to carry out acts necessary for giving effect to the provisions of this Law, including—

(a)      the granting of financial assistance to any sports authority established or functioning under this Law;

(b)      the charging of fees for the use of any of its property or facilities; and

(c)      the determining of chargeable fees on admission to tournaments organised by it or held in any of the sports arenas under its control.

(2)      The Commission may enter into such contracts as may be necessary or expedient for giving effect to the provisions of this Law.

PART III

Establishment of Governing Councils, memberships and functions

7. Establishment of Government Councils

The Commission may establish Governing Councils for any sport in the State and shall determine the membership, remuneration and tenure of office of members of the Governing Councils.

8. Functions of the Governing Councils

The functions of the Governing Council shall be—

(a)      to organise or oversee the organisation of a particular sport and exercise control over tournaments relating thereto in the State within the limit allowed by the Commission in the instrument establishing it;

(b)      to select and train Local Government Council and State participants in national or inter-State tournaments; and

(c)      to generate, collect and disburse funds for the promotion of its appropriate sport.

PART IV

Establishment, membership, functions and powers of

Local Government Sports Committees and associations

9. Establishment of Local Government Sports Committee

(1)      There is hereby established in each Local Government Area, a Local Government Sports Committee which shall be responsible for—

(a)      the organisation and control of sporting activities within the Local Government Area, including the organisation and control of local inter-club tournaments and the selection of teams to represent the Local Government in tournaments at the State level; and

(b)      the generation, collection and disbursement of funds for the promotion of sports within the Local Government Area.

(2)      The Committee shall consist of the Local Government Sports Co-ordinators as Chairman and three other members.

(3)      The Committee members shall be appointed by the Chairman of the Local Government Council and shall have a tenure of 3 years which may be renewable for a further term of 3 years.

PART V

Funds and accounts

10. Funds

The funds of the Commission shall consist of—

(a)      such sums of money as may from time to time be provided by the Governor including—

(i)       1% deduction from the Statutory Allocation to the State; and

(ii)      5% deduction at source from Statutory Allocation to all Local Government Councils in the State as their counterpart funding for sports development in the State;

(b)      such revenue as the Commission may derive from its charges, investments and services; and

(c)      such sums of money which may accrue to the Commission from its assets or any other source whatsoever.

11. Borrowing powers

The Commission may, subject to such terms and conditions as may be approved by the Governor, borrow such monies as it may, from time to time, require for the performance of its functions under this Law.

12. Investment

The Commission may, subject to such terms and conditions as may be approved by the Governor—

(a)      invest any sums of money standing to its credit in viable securities; and

(b)      dispose of such securities as and when the need arises.

13. Bank accounts

(1)      The Commission shall, for its purposes, keep and operate bank accounts in reputable banks and all monies received on behalf of the Commission shall be paid into those bank accounts.

(2)      No withdrawal shall be made from the Commission’s account unless the cheque or other instrument in respect of such withdrawal made is signed by the Executive Secretary and the Chief Accountant and confirmed by the Chairman.

14. Annual reports and estimates

The Commission shall, not later than the 31st day of October in each year, submit to the Governor, estimates of its revenue and expenditure for the next succeeding financial year.

15. Accounts and Audit

(1)      The Commission shall keep proper books of accounts and records in relation to its income and expenditure and shall prepare in respect of each financial year a statement of accounts for the year.

(2)      The Commission shall not more than 90 days after the end of the financial year to which the accounts relate, cause its accounts to be audited by Auditors approved by the Auditor-General of the State in accordance with the guidelines issued by him.

(3)      The Commission shall not more than 90 days after the end of each financial year submit to the Governor—

(a)      a report of its activities for the immediate past financial year;

(b)      the profit and loss account of the Commission including its balance sheet for the financial year; and

(c)      the report of the Auditors on its account for the immediate preceding financial year.

PART VI

Establishment of Sports Commission Reserve Fund

16. Reserve Fund

(1)      There is hereby established a fund to be known as the Sports Commission Reserve Fund into which shall be deposited all monies received by the Commission in excess of its budgetary allocation or from other sources in accordance with sections 11 and 12 of this Law in which monies remain unexpended at the end of the financial year.

(2)      The Commission shall not disburse any money from the Sports Commission Reserve Fund without the approval of the Governor-in-Council.

PART VII

Meetings of the Commission and power to co-opt members

17. Co-opted member

Whenever the Commission desires to obtain the advice of any person on any matter, the Commission may co-opt such person to be a member for that meeting and the person so coopted shall have all the rights and privileges of a member except that he shall not vote on any question or count towards the quorum at such meeting.

18. Validity of proceedings

The validity of any proceedings of the Commission shall not be affected by the absence of any member or by any defect in the appointment of a member or any vacancy in the membership of the Commission or by reason that a person not so entitled has taken part in such proceedings.

19. Quorum

No meeting of the Commission shall proceed to business unless there is a quorum present and two-third members present at any meeting shall be the quorum.

20. Meetings

(1)      The Chairman shall preside at every meeting and in his absence, the members present at such meeting shall elect one of their numbers to preside.

(2)      The Secretary of the Commission may at such date, time and place as the Chairman may decide, hold any meeting for the transaction of its business.

(3)      The Chairman may at any time on his own motion, and shall upon the requisition of any 3 members, convene a meeting of the Commission to transact any business specified in the note of such meeting:

Provided that the Commission shall meet not less than once in every three months.

21. Standing orders

The Commission may make standing orders for the proper conduct of its business and the regulation of its proceedings or those of any of its Committees.

PART VIII

Miscellaneous provisions

22. Authentication of documents

(1)      The Common Seal of the Commission shall not be affixed to any document except in pursuance of a resolution duly passed at a meeting of the Commission and recorded in the minutes of such meeting.

(2)      The fixing of the Common Seal of the Commission shall be authenticated by the signature of the Chairman and the Director or such other person who is specifically authorised in that behalf by the Commission.

(3)      Any contract or instrument which would not be required to be under seal if entered into or executed by a person, may be entered into or executed as the case may be on behalf of the Commission by any person specifically authorised in that behalf by the Commission.

23. Liability of members

No member of the Commission shall be personally liable for any act or omission of the Commission done or made in good faith.

24. Representation in Court

In any civil action or proceedings, the Commission shall at any time be represented in Court by a State Counsel or a legal practitioner nominated by the State Attorney-General.

25. Directions by the Governor

The Governor may give the Commission directives of a specific or general nature with respect to the performance by the Commission of its functions under this Law.

26. Award of contract

(1)      The Commission shall have power to award contracts of not more than the sum of ₦1,000,000.00 (one million naira):

Provided that the Commission shall, for an award of a contract for any sum in excess of the authorised amount, require the approval in writing of the Governor.

(2)      Any member of the Commission or of a Committee thereof who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Commission or a Committee thereof shall disclose such interest and shall not vote on any question relating to such contract or arrangement.

27. Regulations

The Commission may, with the approval of the Governor, make regulations generally for the carrying into effect of the provisions of this Law and may without prejudice to the provisions of the Civil Service Rules and Financial Regulations, make rules on matters relating to the appointment, promotion, discipline and training of its staff.

28. Pension and gratuity

Service in the Commission is pensionable and scheduled service within the meaning of the Pensions Law, 1987.

29. Repeal of Cap. 111

(1)      The Cross River State Sports Council Law is hereby repealed.

(2)      All rights, interests, obligations, assets and liabilities which immediately before the commencement of this Law were vested in the Sports Council, shall on the commencement of this Law, be transferred to the Commission and shall by virtue of this Law and without any further assurance, vest in the Commission.

(3)      Any proceedings or cause of action pending or existing in Court immediately before the commencement of this Law for or against the Sports Council, may on the commencement of this Law be continued or commenced as the case may be, by or against the Commission instead to the same extent that the proceedings or cause of action ought to have been continued or commenced by or against the Sports Council if this Law had not been made.

30. Interpretation

In this Law—

“Chairman” means the Chairman of the Commission;

“club” means any body or number of persons howsoever associated for organising sports, and includes any school or other place of learning involved in organised sports;

“Commission” means the Sports Commission established in section 1 of this Law;

“Co-ordinator” means a person representing a Local Government;

“Department” means the Department charged with responsibility of sports;

“functions” include powers and duties;

“Governor” means the Governor of Cross River State;

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

“sports” includes athletics, football, any game or recreational activity approved by the Commission for the purpose of this Law;

“Sportsmen” includes “Sportswomen”;

“State” means the Cross River State;

“tournament” includes matches, contests and competition.

31. Short title

This Law may be cited as the Sports Commission Law.

SCHEDULE

Supplementary Provisions relating to the Commission, etc.

1. Tenure of office of members, etc.

(a)      Every member of the Commission shall hold office for a period of three years;

(b)      the remuneration, terms and conditions of service of the members shall be determined by the Governor;

(c)      every notice of appointment to, or change in the membership of the Commission shall be published in the State Gazette;

(d)      a member of the Commission other than the Chairman may by notice in writing addressed to the Governor through the Chairman, resign his office and that member shall, on the day of the receipt of the notice by the Chairman, cease to be a member;

(e)      the Chairman may resign his membership by notice in writing to the Governor;

(f)      any person ceasing to hold office as a member of the Commission other than by removal for misconduct or for inability to perform the functions of his office shall be eligible for re-appointment.

2. (a) Members of the Commission shall receive remuneration to be determined by the Governor and shall be paid such travelling and other allowances as may from time to time be approved by the Governor;

(b)      travelling expenses incurred by Co-ordinators travelling from their respective Local Government Councils to attend meetings or summons by the Commission shall be paid by the respective Local Government Councils; but all accommodation and local transport expenses incurred by Co-ordinators at the venue of the meeting shall be paid by the Commission.

3. (a) Where a vacancy occurs in the membership of the Commission, that vacancy shall be filled by the appointment of a successor to hold office for the remainder of the term of office of his predecessor:

Provided that any successor shall represent the same interest and shall be appointed by the same authority as his predecessor;

(b)      the Commission may notwithstanding any vacancy in its membership or any defect in the appointment of a member or the absence of a member, take valid decisions at properly convened meetings.

4. Committees

(a)      The Commission shall appoint Standing Committees which shall carry out such functions as the Commission may delegate to them and which shall be designated as follows—

(i)       the Finance and Establishment Committee;

(ii)      the Facilities (Structural and Equipment) Committee; and

(iii)     the Sports Development Committee;

and subject to the foregoing, the Commission may appoint such other Committees to advise it on the exercise and performance of its functions under this Law as it may from time to time consider necessary.

(b)      Every Committee shall consist of—

(i)       a Chairman who shall be appointed by the Commission from among the members of the Commission;

(ii)      not more than five other persons, three of whom shall be Co-ordinators of the Commissions:

Provided that any non-member of the Committee co-opted to serve on any Committee shall enjoy all the rights and privileges of a member except the right to vote and to count towards a quorum.

(c)      In this paragraph “Chairman” means Chairman of a Committee.

5. (a) Every decision made at a meeting of the Committee shall be by a majority of votes of the members present;

(b)      the Chairman shall at any meeting, have a vote and, in the case of an equality of votes, shall have a casting vote.

6. Subject to the provisions of this Law, the Commission may make standing orders with respect to the holding of meetings, the nature of notice to be given, the proceedings thereat, the keeping of minutes of such proceedings and the custody and the production for inspection of such minutes.

CHAPTER S8

SPORTS COMMISSION LAW

SUBSIDIARY LEGISLATION

No Subsidiary Legislation