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THE POLICE SERVICE COMMISSION (ESTABLISHMENT) ACT [NO. 1 OF 2001]
This Act Establishes the Police Service Commission, which is charge with responsibility, among other things to appoint persons to offices (Other than the office of the Inspector-General of Police) in Nigeria Police Force and to dismiss and exercise disciplinary control over any person holding office in the Nigeria Police Force (other than the Inspector –General of Police).
[Published as supplement to the Federal Republic of Nigeria Official Gazette No 15, Vol. 87 of 14th March 2001 as Act No 1 of 2001.]
ARRANGEMENT OF CLAUSES
POLICE SERVICE COMMISSION (ESTABLISHMENT) ACT 2001, 2001 No. 1
An act to establish the Police Service Commission, which shall be charged with responsibility, among other things to appoint persons to offices (other than the office of the Inspector-General of Police) in Nigeria Police Force and to dismiss and exercise disciplinary control over any person holding office in the Nigeria Police Force (other than the Inspector-General of Police); and for related purpose
[(4th January, 2001) Commencement]
ENACTED BY THE NATIONAL ASSEMBLY OF THE FEDERAL REPUBLIC OF NIGERIA –
PART I-ESTABLISHMENT, ETC OF THE POLICE SERVICE COMMISSION
Police Service Commission
(2) The Commission-
(a) shall be a body corporate with perpetual succession and a common seal; and
(b) may sue or be sued in its corporate name.
(3) The headquarters of the Commission shall be at the Federal Capital Territory, Abuja.
(a) a Chairman who shall be the Chief Executive of the Commission;
(b) a retired Justice of the Supreme Court or Court of Appeal;
(c) a retired Police Officer not below the rank of Commissioner of Police;
(d) one representative each of –
(i) Women interest;
(ii) the Nigerian Press;
(iii) Non-Governmental human rights organisations in Nigeria
(iv) organized Private Sector;
(v) the Secretary to the Commission.
(2) The Chairman and other members of the Commission shall-
(a) be appointed by the President subject to the confirmation by the Senate;
(b) be persons of proven Integrity and ability.
(3) The members of the Commission referred to in paragraph (d) of Subsection (1) of this section shall be part-time members.
(4) The supplementary provisions set out in the Schedule to this Act shall have effect with respect to the proceedings of the Commission and the other matters contained therein.
3.-(1) Subject to the provisions of Section 4 of this Act, a member of the Commission, other than ex-officio members shall each hold office-
(a) for a term of four years and no more; and
(b) on such terms as to remuneration; salaries and allowances as may be prescribed by the National Assembly but not exceeding the amount as shall have been determined by the National Revenue Mobilization Allocation and Fiscal Commission.
(a) he becomes bankrupt, suspends payment or compounds with his creditors; or
(b) he is convicted of a felony or any offence involving dishonesty of fraud; or
(c) he becomes of unsound mind, or is incapable of carrying out his duties; or
(d) he is guilty of serious misconduct in relation to his duties; or
(e) in the case of a person possessed of professional qualifications, he is disqualified or suspended, other than at his own request, from practicing his profession in any part of the world by an order of a competent authority made in respect of that member.
(2) A member of the Commission may be removed by the President if he is satisfied that it is not in the interest of the Commission or the interest of the public that the member should continue in Office.
(3) Where a vacancy occurs in the membership of the Commission, 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 subject to confirmation by the Senate.
5.-(1) Notwithstanding the provisions of Section 4 of this Act, the Chairman and any other member, may at any time be removed from that office by the President acting on an address supported by two-thirds majority of the Senate praying that he be removed for inability to discharge the functions of the Office (whether arising from infirmity of mind or body or any other cause of misconduct).
(2) A member 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 Commission.
PART II – FUNCTIONS AND POWERS OF THE COMMISSION
Functions of the Commission
6.-(1) The Commission shall-
(a) be responsible for the appointment and promotion of persons to offices (other than the office of the Inspector-General of Police) in the Nigeria Police Force:
(b) dismiss and exercise disciplinary control over persons (other than the Inspector-General of Police) in the Nigerian Police Force;
(c) formulate policies and guidelines for the appointment, promotion, discipline and dismissal of officers of the Nigerian Police Force;
(d) Identify factors inhibiting or undermining discipline in the Nigeria Police Force;
(e) formulate and implement policies aimed at the efficiency and discipline to the Nigeria Police Force;
(f) perform such other functions which in the opinion of the Commission are required to ensure the optimal efficiency of the Nigeria Police Force; and
(g) carry out such other functions as the President may, from time to time, direct.
(2) The Commission shall not be subject to the direction, control or supervision of any other authority or person in performance of its functions other than as is prescribed in this Act.
Powers of the Commission
(a) pay the staff of the Commission such remuneration and allowances as are payable to persons of equivalent grades in the Civil Service of the Federation;
(b) enter into such contracts as may be necessary or expedient for the discharge of its functions and ensure the efficient performance of the functions of the Commission; and
(c) do such other things as are necessary and expedient for the efficient performance of the functions of the Commission.
Powers of the delegation
(a) to any officer in the service of the Nigeria Police Force; or
(b) to a Committee consisting of such number of persons, one of whom shall be named as Chairman, as may be prescribed by the Commission .
PART III-STRUCTURE OF THE COMMISSION
9.-(1) There shall be establishment in the headquarters of the Establishment of Commission the following Departments-
(a) the Department of Administration and Personnel Management;
(b) the Department of Investigation;
(c) the Department of Finance and Supply;
(d) the Department of Planning, Research and Statistics; and
(e) the Department of Legal Services.
(2) The Commission may, with the approval of the President, Increase the number of Departments as it may deem necessary and expedient to facilitate the realization of the objectives of the Commission.
Appointment of Secretary to the Commission etc.
10.-(1) There shall be for the Commission, a Secretary to the Commission who shall-
(a) be an officer in the Civil Service of the Federation not below the rank of a Permanent Secretary;
(b) have such qualification and experience as are appropriate for a person required to perform the functions of that office under this Act;
(c) be accounting officer of the Commission;
(d) be appointed by the President subject to the confirmation by the Senate; and
(e) hold office on such terms and conditions as to emolument, conditions of service as are applicable to the Civil Service of the Federation.
(2) The Secretary shall subject to the general direction of the Commission through the Chairman be responsible-
(a) for the day to day administration of the Commission;
(b) for keeping the books and proper records of the proceedings of the Commission; and
(i) the administration of the secretariat of the Commission; and
(ii) the general direction and control of all other employees of the Commission subject to the directives of the Commission.
(3) The Commission shall have power to-
(a) employ either directly or on secondment from any civil or public service in the Federation or a State such number of employees as may, in the opinion of the Commission, be required to assist the Commission in the discharge of any of its functions under this Act; and
(b) pay to persons so employed such remuneration (including allowances) as are applicable to other officers of equivalent rank in the Civil Service of the Federation.
Service in the Commission to be Pensionable,
11 – (1) Service in the Commission shall be approved service for the purposes of the Pensions Act.
(2) The officers and other persons employed in the Commission shall be entitled to pensions, gratuities and other retirement benefits as are enjoyed by persons holding equivalent grades in the Civil Service of the Federation.
(3) Nothing in Subsections (1) and (2) of this section shall prevent the appointment of a person to any office on terms which preclude the grant of pension and gratuity in respect of that office.
(4) For the purposes of the application of the provisions of the Pensions Act, any power exercisable there under by the Minister or other authority of the Government of the Federation, other than the power to make regulations under Section 23 thereof, is hereby vested in and shall be exercisable by the Commission and not by any other person or authority.
PART V-FINANCIAL PROVISIONS.
Funds of the Commission
12.-(1) The Commission shall establish and maintain a fund from which shall be defrayed all expenditure incurred by the Commission.
(2) There shall be paid and credited to the fund established pursuant to Subsection (1) of this section-
(a) such monies as may, from time to time, be granted or lent to or deposited with the Commission by the Federal or State Government or any other body or institution whether local or foreign;
(b) all monies raised for the purposes of the Commission by way of gifts, loan, grants-in-aid, testamentary dispositions or otherwise; and
(c) proceeds from all other assets that may, from time to time, accrue to the Commission.
(3) The fund shall be managed in accordance with the rules made by the Commission, and without prejudice to the generality of the power to make rules under this subsection, the rules shall in particular contain provisions-
(a) specifying the manner in which the assets or the fund of the Commission are to be held, and regulating the making of payments into and out of the Fund; and
(b) requiring the keeping of proper accounts and records for the purpose of the Fund in such form as may be specified in the rules.
Expenditure of the Commission
(a) the cost of administration of the Commission;
(b) the payment of salaries, allowances and benefits of members of the Commission or any Committee of the Commission;
(c) the payment of salaries, remuneration, allowances, benefits, pensions and gratuities payable to officers and employees of the Commission;
(d) the payment for all contracts, including mobilization, fluctuations, variations, Legal fees and cost on contract administration;
(e) the payment for all purchases; and
(f) undertake such other activities as are connected with all or any of the functions of the Commission under this Act.
Gifts to the Commission
14.-(1) The Commission may accept gifts of land, money or other property on such terms and conditions, if any, as may be specified by the person or organization making the gift.
(2) The Commission shall not accept any gift if the conditions attached thereto are inconsistent with the functions of the Commission under this act.
Annual Estimates and expenditure
(2) The Commission shall cause to be kept proper accounts of the Commission in respect of each year and proper records in relation thereto and shall cause the accounts to be audited not later than 6 months after the end of each year by auditors appointed from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation.
17.-(1) The Commission shall prepare and submit to the President, not later than 30th June in each year, a report in such form as the President may direct on the activities of the Commission during the immediately preceding year, and shall include in the report a copy of the audited accounts of the Commission for that year and the auditor’s report thereon
(2) The President, upon receipt of the report referred to in subsection (1) of this section, cause a copy of the report and the audited accounts of the Commission and the auditor’s report thereon to be submitted to each House of the National Assembly.
PART VI MISCELLANEOUS
Offices and the Commission
(a) purchase or take on lease any interest in land, or other property; and
(b) construct offices and premises and equip and maintain same.
(2) The Commission may, subject to the Land Use Act, sell or lease out any office or premises held by it, which office or premises is no longer required for the performance of its functions under this Act.
Directives by the President
Limitations of Suits against the Commission
20.-(1) Subject to the provisions of this Act, the provisions of the Public Officers Protection Act shall apply in relation to any suit instituted against any officer or employee of the Commission.
(2) Notwithstanding anything contained in any other law or enactment, no suit shall lie against any member of the Commission, the Secretary or any other officer or employee of the Commission for any act done in pursuance or execution of this Act or any other law or enactment, or of any public duty or authority or in respect of any alleged neglect or default in the execution of this Act or such law or enactment, duty or authority, shall lie or be instituted in any Court unless-
(a) it is commenced within three months next after the Act, neglect or default complained of; or
(b) in the case of a continuation of damage or injury, within six months next after the ceasing thereof.
(3) No suit shall be commenced against a member of the Commission, the Secretary, officer or employee of the Commission before the expiration of a period of one month after written notice of intention to commence the suit shall have been served upon the Commission by the intending plaintiff or his agent.
(4) the notice referred to in Subsection(3) of this section shall clearly and explicitly state the cause of action, the particulars of the claim, the name and place of abode of the intending plaintiff and the relief, which he claims.
Service of Documents.
21.- A notice, summons or other document required or authorized to be served upon the Commission under the provisions of this Act or any other law or enactment may be served by delivering it to the Secretary or by sending it by registered post and addressed to the Secretary at the principal office of the Commission.
Restriction on execution against property of the Commission
22.- (1) In any action or suit against the Commission, no execution or attachment of process in the nature thereof shall be issued against the Commission.
(2) Any sum of money which may by the judgement of any court be awarded against property of the Commission shall, subject to any direction given by court where notice of appeal of the said judgement has been given, be paid from the general reserve fund of the Commission.
Indemnity of Officers.
“ Commission” means the Police Service Commission established by Section 1 of this Act;
“ member” means a member of the Commission and includes the Chairman.
“President” means the President, Commander-in-Chief of the Armed Forces.
“ Secretary” means Secretary to the Commission appointed pursuant to Section 10 of this Act.
SCHEDULE – Section 2 (4)
SUPPLEMENTARY PROVISIONS RELATING TO THE COMMISSION, ETC.
Proceedings of the Commission
(2) The quorum of the Commission shall be the Chairman or the person presiding at the meeting and 4 other members of the Commission and the quorum of any Committee of the Commission shall be as determined by the Commission.
2-(1) The Commission 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 4 other Members, he shall summon a meeting of the Commission to be held within 14 days from the date on which the notice is given.
(2) At any meeting of the Commission, the Chairman shall preside but if he is absent, the members present at the meeting shall appoint one of their number to preside at the meeting.
(3) when the Commission desires to obtain the advice of any person on a particular matter, the Commission may co-opt him to the Commission for such period as it deems fit, but a person who is in attendance by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the Commission and shall not count towards a quorum.
3.- (1) The Commission may appoint one or more Committees to carryout, on behalf of the Commission, such functions as the Commission may determine.
(2) A Committee appointed under this paragraph shall consist of such number of persons as may be determined by the Commission and a person shall hold office on the Committee in accordance with the terms of his appointment.
(3) A decision of a Committee of the Commission shall be of no effect until it is confirmed by the Commission.
4.-(1) The fixing of the seal of the Commission shall be authenticated by the signatures of the Chairman or any other member of the Commission generally or specifically authorized by the Commission to act for that purpose and the Secretary.
(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 Commission by the Secretary or any person generally or specifically authorized by the Commission to act for that purpose.
(3) A document purporting to be duly executed under the seal of the Commission shall be received in evidence and shall, unless and until the contrary is proved, be presumed to be so executed.
(a) a vacancy in the membership of the Commission or Committee; or
(b) a defect in the appointment of a member of the Commission or Committee; or
(c) reason that a person not entitled to do so took part in the proceedings of the Commission or Committee.