DOWNLOAD OF A COPY OF THIS LAW IS AVAILABLE [N1,500 (PDF)] CLICK HERE FOR ONLINE PAYMENT. PDF COMPENDIUMS OF ALL THE LAWS OF NIGERIA, LAGOS AND OTHER STATES ARE ALSO AVAILABLE. EMAIL: firstname.lastname@example.org or info@lawnigeria or Text/WhatsApp +23407067102097
INSTITUTE FOR PEACE AND CONFLICT RESOLUTION (ESTABLISHMENT) ACT, 2007
This Act establishes the Institute for Peace and Conflict Resolution with responsibility to promote research and facilitate conflict prevention, management and resolution within Nigeria and Africa.
ARRANGEMENT OF SECTIONS
PART 1—ESTABLISHMENT OF THE INSTITUTE FOR PEACE AND CONFLICT RESOLUTION (IPCR).
PART II—FUNCTIONS OF THE COUNCIL
PART III—FUNCTIONS OF THE INSTITUTE
PART IV—STAFF OF THE INSTITUTE
PART V—FINANCIAL PROVISIONS.
PART VI—LEGAL PROCEEDINGS.
AN ACT TO ESTABLISH THE INSTITUTE FOR PEACE AND CONFLICT RESOLUTION; AND FOR RELATED MATTERS.
[Commencement – 20/05/2007]
ENACTED by the National Assembly of the Federal Republic of Nigeria—
PART 1—ESTABLISHMENT OF THE INSTITUTE FOR PEACE AND CONFLICT RESOLUTION (IPCR).
Establishment of the Institute for Peace and Conflict Resolution.
(2) The Institute:
(a) shall be a body corporate with perpetual succession and a common seal; and
(b) may sue and be sued in its corporate name.
Establishment of the Governing Council.
Membership of the Council.
(a) a Chairman;
(b) a representative of the Ministry of Foreign Affairs;
(c) a representative of the Ministry of Defence;
(d) a representative who shall be a woman;
(e) a representative from each of the six geopolitical zones;
(f) a representative of the University community;
(g) a representative of civil society Organisation;
(h) a representative of the Minister of Internal Affairs;
(i) the Director-General of the Institute.
(2) The Chairman and other members of the council shall be appointed by the President of the federal Republic of Nigeria.
(3) The supplementary provisions set out in the schedule to this Act shall have effect with respect to the proceedings of the Council and the other matters contained therein.
Tenure of Office, etc.
(a) shall hold office for a period of 4 years on such terms and conditions as may be specified in their letter of appointment, and
(b) may be re-appointed for another period of 4 years and no more.
Removal from office.
(2) A member of the Council may resign his appointment by a notice in writing under his hand addressed to the President and that member shall, on the date of the receipt of the notice by the President cease to be a member of the Council.
PART 11—FUNCTIONS OF THE COUNCIL
Functions of the Council.
(2) Without prejudice to the generality of subsection (1) of this section, the Council shall—
(a) approve the research and training programmes of the Institute;
(b) determine the fees to be paid for research, consultations, training and any other services that may be offered by the Institute; and
(c) promote or undertake such other activities as are expedient or necessary in the opinion of the Council for the discharge of its responsibilities under this Act.
PART III—FUNCTIONS OF THE INSTITUTE.
Functions of the Institute.
(a) promoting peace and security internally within Nigeria and externally in Africa.
(b) conducting research into the cause, patterns, dynamics, actors and forces behind conflicts and insecurity in Nigeria and Africa;
(c) publishing and disseminating case studies from its researches with a view to offering insights into the success or failure in conflict resolution and peace building;
(d) identifying these Actors, issues, historical phases, capacities and the balance of power of different groups in a conflict situation;
(f) getting practically involved in the task of mediation, conflict management and conflict resolution;
(g) encouraging the establishment of regional affiliates of the Institute in Africa and other parts of the world and fostering collaboration with those affiliates;
(h) designing strategies for funding people centred development programmes to support peace;
(i) providing Government with relevant policy options on fundamental issues required in designing an effective and durable peace process;
(j) initiating, encouraging, organising, hosting, arranging and conducting policy-relevant courses, national or international seminars, symposia, conferences, and workshops, training programmes and other actions that are incidental to peace making and peace building as part of its intensive effort in capacity building;
(k) carrying out other relevant activities that may be assigned to it by the President.
(2) Without prejudice to the generality of the functions specified in subsection (1) of this section, the Institute shall take over the functions, assets and liabilities of the body known and referred to as the Centre for Peace, Research and Conflict Resolution of the National War College established under section 5 of the National War College Act.
PART IV—STAFF OF THE INSTITUTE
Director-General of the Institute.
(2) The Director-General shall, be the chief executive, chief research and accounting officer of the Institute, the head of the secretariat of the council and shall be responsible for the execution of the Policy and the day to day administration of the affairs of the Institute.
(3) The Director-General shall hold office:
(a) for a term of 4 years in the first instance and may be reappointed for a further term of 4 years and no more; and
(b) on such terms and conditions as may be specified in his letter of appointment.
(a) finance and administration;
(b) research and policy analysis;
(c) democracy and development studies;
(d) external conflict prevention and resolution;
(e) internal conflict prevention and resolution;
(f) defence and security studies;
(g) any such directorate as may be deemed necessary.
Other employees of the Institute.
(2) The terms and conditions of service (including remuneration, allowances, benefits and pensions) of officers and employees of the Institute shall be as determined by Council.
(3) Without prejudice to the generality of Subsection (1) of this section, the Council may appoint persons as employees of the Institute, either by way of transfer or secondment from any f the public services in the Federation or otherwise howsoever, as it considers necessary.
Cap. 346 LFN.
(2) Notwithstanding the provisions of Subsection (1) of this section, nothing in this Act shall prevent the appointment of a person to any office on terms which preclude the grant of a pension, gratuity or other retirement benefit in respect of that office.
(3) For the purposes of the application of the provisions of this Act, any power exercisable by the Council or any authority of the Federal Government, other that the power to make regulation under the relevant Section of the Act, is hereby vested in and shall be exercisable by the Council and not by any other person or authority.
PART V—FINANCIAL PROVISIONS
(a) all subventions and budgetary allocation from the Government of the Federation;
(b) the take off grant from the Federal Government;
(c) gifts, loans, grants-in-aid from national, bilateral and multilateral agencies;
(d) rent, fees and other internally generated revenues from service provided by the Institute and
(e) all other sums accruing to the Institute from time to time
Expenditure of the Institute.
(a) to the cost of administration of the Institute;
(b) to the paying of the emoluments, allowances and benefits of members of the council and for reimbursing members of the Council or of any committee of the Council for such expenses as may be expressly authorized by the Council;
(c) to the payment of the salaries, fees or other remuneration or allowances, gratuities and pension and other benefits payable to the officers and other employees of the Institute, so however that no payment of any kind under this paragraph (except such as may be expressly authorized by the Council) shall be made to any person who is in receipt of emoluments from the Federal or State Government.
(d) for the development and maintenance of any property vested in or owned by the Institute; and
(e) for and in connection with all or any of its functions under this Act.
Annual estimates and accounts.
(2) The Institute shall keep proper accounts in respect of each year and proper records in relation to those accounts and shall cause its accounts to be audited within six months after the end of each ear by auditors appointed and in accordance with the guidelines supplied by the Auditor-General of the Federation.
Power to accept gifts.
Power to borrow.
(2) The Institute shall not without the approval of the Council, borrow money which exceeds, at any time, the amount set by the Council.
(3) Notwithstanding the provisions o subsection (1) of this section, where the sum to be borrowed is in foreign currency, the Institute shall not borrow the sum without the prior approval of the Federal Government of Nigeria.
Ca; 449. LFN.
Exemption from Tax.
(2) The provisions of any enactment relating to the taxation of companies or trust funds shall not apply to the Institute or the Council
PART VI—LEGAL PROCEEDINGS
General restrictions as to power of the Institute.
Limitation of suit against the Institute Cap 379. LFN.
Service of documents.
Indemnity of officer.
(a) not, for his personal gain, make use of any information which has come to his knowledge in the exercise of his powers or is obtained by him in the ordinary course of his duty as a member of the Council or as the Director-General, officer or employee of the Institute;
(b) treat as confidential any information which has come to his knowledge in the exercise of his powers or is obtained by him in the performance of his duties under this Act;
(2) Any person who contravenes the provisions of Subsection (1) of this section commits an offence and is liable on conviction to a fine of not less than One Hundred Thousand Naira (N 100, 000) or imprisonment for a term not exceeding 2 years or both such fine and imprisonment.
(a) the appointment, promotion and disciplinary control (including dismissal) of the officers and employees of the Institutes.
(b) appeals by such officers and employees against dismissal or other disciplinary measures, and until such regulations are made any instrument relating to the conditions of service in the civil service of the Federation shall be applicable, with such modifications as may be necessary, to the officers and employees of the Institute.
(2) The Institute shall provide and maintain a library comprising such books and publications as may be provided by th institute for the advancement of the knowledge of peace and conflict resolution, for research purposes, and for other purposes connected with the objectives and functions of the institute.
Provision of Library facilities.
Dissolution of Sani Abacha Foundation for Peace and Unity
Transfer of rights, etc.
(2) Any such contract or Instrument mentioned in subsection (1) of this section shall be of the same force and effect against or in favour of the Institute established by this Act and shall be enforceable as fully and effectively as if instead of the conditions existing before the commencement of this Act, the Institute established by this Act had been named therein or had been a party thereto.
Obligations and liabilities.
Pending or existing proceedings or cause of action.
Vesting of assets.
Holders of office in the Foundation to continue in the Institute.
Directives by the Council, etc.
“Board of Trustees” means former Trustees of the Sani Abacha Foundation for Peace and Unity;
“ Council” means the Governing Council of the Institute established pursuant to section 2 of this Act;
“member” includes the Chairman of the Council;
“Minister” means the Minister charged with the responsibility for matters relating to Peace and Conflict Resolution;
SUPPLIMENTARY PROVISIONS RELATING TO THE COUNCIL, ETC.
Proceedings of the Council.
(a) not, after the disclosure, take part in any deliberation or decision of the Council; and
(b) be excluded for the purpose of constituting a quorum of any meeting of the Council for any deliberation or decision, with regard to the subject matter in respect of which his interest is so disclosed.
(2) A committee appointed under this paragraph shall consist of such number of persons (not necessarily members of the Council as may be determined by the Council ) and a person, other than a member of the Council shall hold office on the committee shall be presided over by a member of the Council.
(3) The quorum of any committee set up by the Council shall be as may be determined by the Council.
(4) A decision of a committee of the Council shall be of no of effect until it is confirmed by the Council.
9 The fixing of the seal of the Institute shall b authenticated by the signature of the Chairman or any other person generally or specifically authorized by the Council, to act for that purpose and that of the Director-General
(a) any vacancy in the membership of the Council, or committee;
(b) any defect in the appointment of a member, of the Council or committee; or
(c) reason that any person not entitled to do so took part in the proceedings of the Council or committee.
I CERTIFY, IN ACCORDANC WITH SECTION2 (1) OF THE ACTS AUTHENTICATION ACT, CAP.4, LAWS OF THE FEDERATION OF NIGERIA 1990, THAT THIS IS A TRUE COPY OF THE BILL PASSED BY BOTH HOUSES OF THE NATIONAL ASSEMBLY.
NASIRY IBRAHIM ARAB,
CLERK TO THE NATIONAL ASSEMBLY
24TH DAY OF MAY, 2007
INSTITUTE FOR PEACE AND CONFLICT RESOLUTION (ESTABLISHMENT ) ACT, 2007
SHORT TITLE OF THE BILL
LONG TITLE OF THE BILL
SUMMARY OF THE CONTENTS OF THE BILLL
DATE PASSED BY THE SENATE
DATE PASSED BY THE HOUSE OF REPRESENTATIVES
|INSTITUTE FOR Peace and Conflict Resolution (Establishment) Act 2007||An Act to establish the Institute for Peace and Conflict Resolution; and for related matters.||This Bill establishes the Institute for Peace and Conflict Resolution; and for related matters.||7th February 2007||1st June,2005|
I certify that this Bill has been carefully compared by me with the decision reached by the National Assembly and found by me tobe true and correct decision of the Houses and is in accordance with the provisions of the Acts Authentication Act Cap 4, the Laws of the Federation of Nigeria, 1990.
NASIRY IBRAHIM ARAB,
Clerk to the National Assembly
24th Day of May, 2007
CHIEF OLUSEGUN OBASANJO, GCFR;
President of the Federal Republic of Nigeria
20th Day of May, 2007.