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NATIONAL INSTITUTE FOR LEGISLATIVE STUDIES ACT, 2011
This Act repeals the Institute for Democratic and Legislative Studies Act, 2007 and enacts the National Institute for Legislative Studies Act, 2011.
[EDITOR’S NOTE: This Act has been amended by the National Institute for Legislative Studies Act, 2018]
ARRANGEMENT OF SECTIONS
I3. Funds of the Institute
I5. Estimate of Income and expenditure of the Institute
NATIONAL INSTITUTE FOR LEGISLATIVE STUDIES ACT
An Act to repeal the Institute for Democratic and Legislative Studies Act, 2007 and enact the National Institute for Legislative Studies Act, 2011
Enacted by the National Assembly of the Federal Republic of Nigeria:
Establishment of the Institute
(2) The Institute shall be a body corporate with perpetual succession and a common seal.
(3) The Institute shall be located in the Federal Capital Territory (FCT).
Functions and objectives of the Institute
(2) The Institute shall have powers to:
(a) Act as a centre of excellence for research and publication on democratic governance and legislative practice and procedures;
(b) Act as a centre for continuing education on democracy and legislation;
(b) Promote and disseminate among legislative assemblies in Nigeria the practice of science based methodologies of law-making;
(d) Promote and protect constitutional due process in legislative practices;
(e) Promote critical research material and policy insights as background materials for committees of the National Assembly;
(f) Improve the capacity of legislators to sustain and consolidate democratic governance through deliberation and policy formulation;
(g) Improve the technical capacity of legislative staff, committee secretaries and political aids to process appropriation bills and policy oversight of the executive;
(h) Document and publish for public use the history and politics of the legislature in governance in Nigeria from colonial period to the present;
(i) conduct periodic training on democratic principles for members of the Armed Forces;
(j) Monitor elections;
(k) Provide interface between democratic institutions and the civil societies;
(l) Sensitize the Nigerian public to imbibe, support and defend democratic and legislative ethics; and
(m) Undertake such other incidental responsibilities relating to the development, consolidation and advancement of legislative independence.
(3) The institute shall also have powers to:
(a) Conduct periodic short and refresher courses for National and State legislators, staff, committee secretaries and political aides on democracy and good governance;
(b) Provide research reports for legislation for the National Assembly, their committees or the Legal Services Department of the National Assembly;
(c) Produce independent policy responses to legislation or policies pending before either Chamber of the National Assembly;
(d) Initiate and encourage legislative drafting courses tertiary institutions in Nigeria and abroad;
(e) Encourage private sector participation and collaborate with national and international organizations on research and training on issues relevant to its mandate;
(f) Run and maintain quality and world class libraries and database on the legislative system and democratic governance;
(g) Be involved in teaching, training and research on political culture and political development among others;
(h) Develop training curricula for schools and tertiary institutions on democratic, legislative practice and procedures, political culture, civics, ethics and political development;
(i) Provide training courses on democracy, legislative practice and procedures, political culture and development;
(j) Engage visiting scholars and fellows to participate in its academic research programs;
(k) Provide endowments to enhance the training and teaching offered to its clients;
(l) Initiate and execute any project that would help to generate ideas and policies for good governance; and
(m) Award appropriate professional certificates and testimonials according to the training and teaching offered to its clients.
(4) The Institute shall not through its program or policies endorse any candidate or any political party for elective office or campaign on behalf of any religious, ethnic or cultural organization.
Establishment of Governing Council for the Institute
(2) The Council is vested with the power to make decisions and formulate general policies for the guidance of the Institute.
(3) The Council shall consist of:
(a) President of the Senate as Chairman or at his instance the Deputy Senate President;
(b) Speaker of the House of Representatives as Alternate Chairman or at his instance the Deputy Speaker;
(c) 6 serving Senators (one from each geo-political zone from relevant Committees) nominated by the President of the Senate;
(d) 6 serving members of the House of Representatives (one from each geo-political zone from relevant Committees) nominated by the Speaker;
(e) The Chairman, National Assembly Service Commission;
(f) Clerk to the National Assembly; and
(g) Director -General of the Institute as a Member/Secretary.
(4) The supplementary provisions contained in the Schedule to this Schedule Act shall have effect with respect to the proceedings of the Council and the other matters.
Tenure of office
(2) The office of the Chairman or any member of the Council shall become vacant if:
(a) He resigns his office by notice in writing under his hand addressed to the office of the President of the Senate;
(b) The President of the Senate, in consultation with the Speaker of the House of Representatives on the recommendation of the Chairman of the Council is satisfied that it is not in the interest of the Institute for the person to continue in office and notifies the member in writing to that effect; or
(c) He is incapable of performing the functions of his office by reason of disease or infirmity and has been so declared by a medical practitioner.
Allowances of members of the Council
Powers of the Council
(a) Determine the general policy of the Institute;
(b) Provide for the discipline and welfare of members of staff of the Institute;
(c) Erect, provide equip and maintain libraries, lecture halls, halls of residence and other buildings or structures necessary for the Institute; and
(d) Constitute relevant committees to assist in executing specific assignments for the Institute.
Director-General of the Institute
(2) The Director-General shall be appointed by the President of the Senate in consultation with the Speaker of the House of Representatives.
(3) The Director-General shall hold office for a period of 4 years and may be reappointed for another term of 4 years.
(4) The Director-General shall be the Chief Executive and Academic Officer of the Institute and shall be charged with the general responsibility for matters relating to the day-to-day management and operations of the Institute.
(5) The Director-General shall be responsible to the Council.
The structure of the Institute
(2) Each Department shall be headed by a Director who shall be a professionally qualified person appointed through a competitive process.
(3) Subject to the approval of the Council, the Management Committee may create additional departments, divisions and units as it may deem necessary to achieve the objectives of the Institute.
Establishment of the Management Committee
(2) The Director-General shall be a Chairman of the Management Committee.
(3) The Management Committee shall be responsible for the general administration of the Institute particularly recruitment, discipline and promotion of staff.
Staff of the Institute
(2) The staff of the Institute shall be entitled to benefits under the Pension Reform Act. No2, 2004
(3) Nothing in subsections (1) and (2) of this section shall prevent the employment of a person to any office on temporary or permanent basis on terms which preclude the grant of pension.
(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 measures, and until such regulations are made; any instrument relating to the conditions of service of public officers shall be applicable, with such modification as may be necessary, to the employees of the Institute.
(2) The staff regulations made under subsection (1) of this section, shall not have effect until they are approved by the Council of the Institute and when so approved, shall be officially gazette, but the Council shall cause them to be brought to the notice of all affected persons in such manner as it may, from time to time determine.
Establishment of fund for the Institute
(2) At the beginning of every budget year, the Federal Government shall approve a budget for the Institute.
(3) There shall be paid and credited to the Fund established for the Institute:
(a) Sums appropriated from the Federal budget for the fiscal year;
(b) Gifts and donations and contributions from national and international institutions and philanthropic persons and organizations; and
(c) Fees charge for service rendered by the Institute.
Funds of the Institute
(a) The manner in which assets or funds of the Institute are to be held; and
(b) The keeping of proper accounts and records for the purpose of the fund in such manner as may be safe and effective.
Application of funds of the Institute
Estimate of income and expenditure of the Institute
Annual budget of the Institute
Power to accept gifts
Power to borrow
Procedure for suit against the Institute
Service of summons
Indemnity for members etc
(2) For the purpose of its administrative and business activities, the provisions of the Public Officer Protection Act shall apply with such modification as necessary to promote the effective realization of the objectives of the Institute.
(3) Subject to the provisions of this Act, the Council shall have powers to issue subsidiary rules relating to legal liabilities and indemnities of officials and staff of the Institute.
Acquisition of property by the Institute Cap L10 LFN 2004
23 The Institute may, subject to the provision of the Land Use Act and any other applicable law, lease, rent or acquire an interest in land and other properties, build and maintain offices and premises for its activities.
“Chairman” means the Chairman of the Governing Council;
“Director-General” means the Chief Executive of the Institute;
“Institute” means the National Institute for Legislative Studies.
SCHEDULE Section 3(4)
Supplementary Provisions Relating to the Institute
Proceedings of the Council
(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-General or any person generally or specially authorized to act for that purpose by the Management Committee ..
ALPHABETICAL INDEX TO THE LAWS OF NIGERIA (UPDATED)
LAWS MADE BY THE NATIONAL ASSEMBLY OF NIGERIA [1999 – 2019]