CENTER FOR LAWS OF NIGERIA: FEDERAL LAWS
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NATIONAL ORIENTATION AGENCY ACT
ARRANGEMENT OF SECTIONS
PART I
Establishment of the National Orientation Agency, etc.
PART II
Staff of the Agency
PART Ill
Relationship with other bodies
PART lV
Establishment of State Directorates of the Agency, etc.
PART V
Financial provisions
SECTION
PART VI
Miscellaneous
SCHEDULE
Proceedings of the Board
NATIONAL ORIENTATION AGENCY ACT
An Act to establish the National Orientation Agency to, among other things, re-orientate and encourage Nigerians to take part actively and freely in discussions and decisions affecting their general and collective welfare and for matters connected therewith.
[1993 No. 100.]
[23rd August, 1993] [Commencement.]
PART I
Establishment of the National Orientation Agency, etc.
(1) There is hereby established a body to be known as the National Orientation Agency (in this Act referred to as “the Agency”) which shall have the functions assigned to it by this Act.
(2) The Agency-
(a) shall be a body corporate with perpetual succession and a common seal; and
(b) may sue and be sued in its corporate name.
(3) The Agency shall be organised as a parastatal under the Federal Ministry of Information and National Orientation.
(1) The Agency shall have a governing board (in this Act referred to as “the Board”) which shall comprise the following-
(a) a chairman who shall be appointed by the President and who shall be a retired practitioner in education or law or media or general management and administration and be a person of proven integrity, ability and character-
(b) one representative each of the following bodies and Ministries, that is
(i) the National Council of Women Societies;
(ii) the Nigeria Labour Congress;
(iii) the Nigerian Employers Consultative Association;
(iv) the Nigerian Association of Chambers of Commerce, Industries, Mines and Agriculture;
(v) the Nigerian Universities;
(vi) the Christian Association of Nigeria;
(vii) the Supreme Council for Islamic Affairs;
(viii) the Nigerian Bar Association;
(ix) the Federal Ministry of Information and National Orientation;
(x) the Federal Ministry of Education;
(xi) the Broadcasting Organisation of Nigeria;
(xii) the Nigerian Union of Journalists;
(xiii) the Nigerian Institute for Cultural Orientation; and
(c) the Director-General.
(2) The other members of the Board shall be appointed by the President on the recommendation of the Minister and shall be persons of proven integrity and with considerable experience in the private or public sector.
(3) The supplementary provisions contained in the Schedule to this Act shall have effect with respect to the proceedings of the Board and other matters contained therein.
(1) The Agency shall-
(a) enlighten the general public on Federal Government policies, programmes and activities;
(b) mobilise favourable public opinion and support for Federal Government policies, programmes and activities;
(c) collect, collate, analyse and provide a source of feedback from the public to the Federal Government on its policies, programmes and activities;
(d) establish social institutions and framework for deliberate exposure of Nigerians to democratic norms and values for virtue, peaceful, united, progressive and disciplined society;
(e) energise the conscience of all categories of Nigerians to their rights and privileges, responsibilities and obligations as citizens of Nigeria;
(f) propagate and promote the spirit of dignity of labour, honesty and commitment of qualitative production, promotion and consumption of home-produced commodities and services;
(g) re-orientate Nigerians to shed their general attitudes to wastage, variety and pretences of affluence in their lifestyles;
(h) orientate the populace about power, its use and the proper role of the Federal Government in serving the collective interest of Nigerians;
(i) propagate the need to eschew all vices in public life including corruption, dishonesty, electoral and census malpractice, ethnic, parochial and religious bigotry; propagate the virtue of hard work, honesty, loyalty, self-reliance, commitment to and the promotion of national integration;
(k) mobilise Nigerians for positive patriotic participation in and identification with national affairs and issues; and
(l) sensitise, induct and equip all Nigerians to fight against all forms of internal and external domination of resources by a few individuals or groups.
It shall be the objectives of the Agency to—
(a) ensure that Federal Government programmes and policies are better understood by the general public;
(b) mobilise favourable opinions for such programmes and policies;
(c) encourage informal education through public enlightenment activities and publication;
(d) establish a feedback channel to the Federal Government on all aspects of Nigerian national life;
(e) establish appropriate national framework for educating, orientating and indoctrinating Nigerians towards developing socially desirable attitudes, values and culture which will project individual national pride and position national image for Nigeria;
(f) develop among Nigerians of all ages and sex, social and cultural values and awareness which will inculcate the spirit of patriotism, nationalism, self-discipline and self-reliance;
(g) awaken the consciousness of Nigerians to their civic responsibilities to the promotion of national unity, citizen’s commitment to their human rights to build a free, just and progressive society;
(h) encourage the people to take part actively and freely in discussions and decisions affecting their general welfare;
(i) promote new sets of attitudes and culture for the attainment of the goals and objectives of a united Nigerian State;
(j) restore and sustain discipline in Nigerians national life;
(k) instil in the populace a sense of absolute loyalty to their fatherland;
(l) ensure and uphold leadership by example; and
(m) foster respect for constituted authority.
(1) The chairman and members of the Board shall be part-time members and shall each hold office for a period of three years renewable for a further period of three years
only.
(2) A member of the Board, who is not an ex-officio member, may resign his appointment at any time by notice in writing under his hand addressed to the President.
(3) The office of a member of the Board shall become vacant if-
(a) he dies; or
(b) he resigns his appointment on the Board; or
(c) he is removed from office by the President, if he is of the opinion that it is not in the interest of the Agency or the public that the member should continue in office.
(4) Where a member shall be removed before the expiration of his tenure on the Board, the President may appoint such other member for the remainder of the term of office of that member in so far as the new member represents the same interest for which the first member was appointed.
PART II
Staff of the Agency
(1) There shall be appointed for the Agency, a Director-General who shall be responsible for the execution of the policies of the Agency and its day-to-day administration.
(2) The Director-General, who shall be an experienced and tested administrator, non-partisan and with a wide knowledge of Nigeria, her people and culture, to be appointed
by the President on the recommendation of the Minister.
(3) The Director-General shall hold office in the first instance for a period of five years and shall be eligible for re-appointment for such further period as the President may, from time to time, determine.
(4) Subject to this section, the Director-General shall hold office on such terms as to emolument and otherwise as may be specified in his letter of appointment and as may, from time to time, be approved by the President.
(1) The Board may, subject to subsection (2) of this section, appoint a secretary to the Board, who shall be a member of the Board, keep proper record of the Board, conduct the correspondence of the Board and perform such other duties of a similar nature as the Board or the Director-General may, from time to time, direct.
(2) The Board may appoint such other employees to assist the Director-General in the exercise of his functions under this Act,
The Board shall develop and submit to the President appropriate conditions of service covering remuneration, fringe benefits, pensions scheme and other benefits which would enable it attract and retain high quality manpower.
(1) Notwithstanding the provisions of the Pensions Act, service in the Agency shall be approved services for the purpose of that Act and accordingly, officers and other persons employed in the Agency shall in respect of their service in the Agency be entitled to pensions, gratuities and other retirement benefits as are enjoyed by persons holding equivalent grades in the civil service of the Federation, so however that nothing in this Act shall prevent the appointment of a person to any office on terms which preclude the grant of a pension or gratuity in respect of that office.
(2) For the purposes of the application of the provisions of the Pensions Act, any power exercisable thereunder 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 Board and not by any other person or authority.
PART III
Relationship with other bodies
The Agency shall have power to-
(a) establish with the approval of the Minister, National Orientation camps as social institutions for orientating Nigerians towards developing socially desirable attitudes, behaviours, values and culture; and
(b) establish for the purposes of carrying out its functions under this Act, a National Orientation brigade.
Subject to the provisions of this Act, the Minister may give the Board directives of a special or general character relating 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 directives.
PART IV
Establishment of State Directorates of the Agency, etc.
There is hereby established in each State of the Federation and the Federal Capital Territory, Abuja, a State Directorate of the Agency (in this Act referred to as “the State Directorate”) which shall be headed by a State Director who shall be appointed by the Board on the recommendation of the Director-General and after due consultation and approval of the Minister.
Subject to this Act, the State Directorates shall be responsible for-
(a) the provision of operational guidelines and policies for regularising implementation strategies in all the local government areas of the State;
(b) the development of effective and consistent strategies and tactics for implementing the Board’s directives and plans;
(c) the review of operational performance results and devising plans and strategies for better performance;
(d) initiating and recommending to the Board through the Director-General desirable changes in policies, systems and procedures as well as major action plans;
(e) the monitoring of social and economic developments and trends in each local government area of the State and formulating a systematic approach for the survival and growth of the Agency in the State;
(f) the identification of common areas of programme needs, characteristics and development of economic and efficient strategies of implementing them in the
State;
(g) the identification of development activities which can be jointly promoted, financed and organised to ensure maximum mobilisation of the citizens in the local government area;
(h) the promotion of cooperative and integrative activities which will sensitise positive moblisation of the people in the State;
(i) the co-ordination, control and monitoring of on-going Agency programmes in the State and the field staff of the Agency;
(j) promoting and building of supportive relationships with relevant bodies and institutions which will ensure understanding and cooperation with the Agency;
(k) offering all kinds of liaison services with the Agency and local government formations to promote smooth, rapid and efficient communication;
(l) formulating appropriate policies, systems and procedures consistent with national policies which will enhance smooth implementation of programmes and providing guidelines for this purpose; and
(m) planning and co-ordinating the training and development programmes of the Agency’s staff and community leaders in the State.
For the purposes of enhancing participation at grassroots levels through consultation with interest groups in the community, there is hereby established in each local government headquarters of the Federation, a Local Government Formation of the Agency (in this Act referred to as “the Local Government Formation”) which shall be manned by a Principal National Orientation Officer who shall be appointed by the State Director after
consultation with the Director-General.
Subject to this Act, the Local Government Formation shall be responsible for-
(a) co-ordinating and consolidating the Agency’s activities in the local government area;
(b) the provision of advisory and leadership services to interest groups;
(c) maintaining appropriate relationship with the local government agencies and interest groups to ensure local understanding and co-operation on orientation programmes;
(d) assisting the programme officers from the State Directorate to obtain valuable data and information on all matters which affect or infringe on orientation programmes at urban and rural level; and
(e) the provision of advice on major issues affecting or relevant to the implementation of the Agency’s programmes at the grassroots level.
PART V
Financial provisions
(1) The Board shall establish and maintain a fund from which shall be defrayed all expenditure incurred by the Agency.
(2) There shall be paid and credited to the fund established pursuant to subsection (1) of this section-
(a) such sums as may, from time to time, be lent or granted to the Agency by the Government of the Federation, a State or local government for the running expenses of the Agency and all other assets from time to time accruing to the Agency in the cause of discharging its functions under or pursuant to this Act; and
(b) such sums as may be collected or received by the Agency from other sources, either in the execution of its functions or in respect of any property vested in the Agency or otherwise howsoever.
The Board may, from time to time, apply the proceeds of the fund established pursuant to section 16 of this Act-
(a) to the cost of administration of the Agency;
(b) for reimbursing members of the Board or any committee set up by the Board for such expenses as may be authorised by the Board in accordance with the rates approved by the Federal Government;
(c) for the payment of salaries, fees or other remuneration or allowances, pensions, gratuities and other retiring benefits, payable to the employees of the Agency;
(d) for the maintenance of any property acquired or vested in the Agency; and
(e) for and in connection with all or any of the functions of the Agency under this Act.
(1) The Board may accept any gift, grant or donation from any person upon such terms and conditions, if any, as may be specified by the person making the gift, grant or donation.
(2) The Board shall not accept any gift, grant or donation under subsection (1) of this section if the conditions attached thereto are inconsistent with the functions of the Board under this Act.
The Board may, with the consent of the Minister, borrow on such terms and conditions as the Board may determine, such sums of money as the Board may require in the exercise of the functions conferred on it by this Act.
(1) The Board shall not later than 31 October in each year submit to the Minister an estimate of its expenditure and income during the next succeeding year.
(2) The Board shall keep proper accounts in respect of each year and proper records in relation thereto and shall cause its accounts to be audited not less than six months after
the end of each year by auditors appointed by the Board from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation.
The Board shall prepare and submit to the Minister not later than 30 June in each year, a report in such form as he may direct on the activities of the Agency during the immediate preceding year, and shall include in such report a copy of the audited accounts of the Agency for that year and the Auditor-General’s report thereon.
PART VI
Miscellaneous
The Directorate for Social Mobilisation Act is hereby repealed.
[Cap. 101 L.F.N. 1990.]
(1) Accordingly, the statutory functions, rights, interests, obligations and liabilities of the Directorate for Social Mobilisation established under the Directorate for Social Mobilisation Act, the Public Enlightenment and National Orientation Movement Divisionsof the Federal Ministry of Information and National Orientation (in the Act referred to as the Directorate and Divisions) existing before the commencement of this Act under any contract or instrument shall, by virtue of this Act, be deemed to have been assigned to and vested in the Agency established by this Act.
(2) Any such contract or instrument as is mentioned in subsection (I) of this section, shall be of the same force and effect against or in favour of the Agency established by this Act and shall be enforceable as fully and effectively as if instead of the Directorate and Divisions existing before the commencement of this Act, the Agency established by this Act has been named therein or had been a party thereto.
(3) The Agency established by this Act shall be subject to all the obligations and liabilities to which the Directorate and Divisions existing before the commencement of this Act were subject immediately before the commencement of this Act and all other persons shall have the same rights, powers and remedies against the Agency established by this Act as they had against the Directorate and Division existing before the commencement of this Act.
(4) Any proceeding or cause of action pending or existing immediately before the commencement of this Act by or against the Directorate and Divisions existing before the commencement of this Act in respect of any right, interest, obligation or liability of the Directorate and Divisions existing before the commencement of this Act may be continued or as the case may be commenced, and any determination of a court of law, tribunal or other authority or person may be enforced by or against the Agency established by this Act to the same extent that such proceeding or cause of action or determination might have been continued, commenced or enforced by or against the Directorate and Divisions existing before the commencement of this Act.
(5) All assets, funds, resources and other movable or immovable property which immediately before the commencement of this Act were vested in the Directorate and Divisions existing before the commencement of this Act shall, by virtue of this Act and without further assurance, be vested in the Agency established by this Act.
(6) Any person who immediately before the coming into effect of this Act is the holder of any office in the Directorate and Divisions existing before commencement of this Act shall, on the commencement of this Act, continue in office and be deemed to have been appointed to his office by the Agency established by this Act unless the authority by which the person was appointed terminates the appointment.
(7) The Minister may, if he thinks fit, within twelve months after the commencement of this Act by order published in the Federal Gazette make additional transitional or savings provisions for better carrying out of the objectives of this section.
(1) The Agency may, with the approval of the Minister, make staff regulations relating generally to the conditions of service of the employees of the Agency and without prejudice to the generality of the foregoing, such regulations may provide for-
(a) the appointment, promotion and disciplinary control of all employees of the Agency; 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 employees of the Directorate and Divisions dissolved or affected by this Act immediately before the making of this Act, shall continue in force and have the same effect as if made under this Act.
(2) Regulations made under subsection (1) of this section need not be published in the Federal Gazette but the Agency shall bring them to the notice of all affected persons in such manner as it may, from time to time, determine.
In this Act, unless the context otherwise requires-
“Agency” means the National Orientation Agency established under section 1 of this Act;
“chairman” means the chairman of the Board;
“Director-General” means the Director-General of the Agency appointed pursuant to section 6 of this Act;
“Local Government Formation” means any of the local government offices of the Agency established in each local government area of the Federation by section 14 of this Act;
“member” means a member of the Board and includes the chairman;
“Minister” means the Minister charged with the responsibility for information and national orientation;
“State Directorate” means any of the State offices of the Agency established in each State of the Federation and the Federal Capital Territory, Abuja by section 12 of this Act.
This Act may be cited as the National Orientation Agency Act.
SCHEDULE
[Section 2 (3).]
Proceedings of the Board
(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 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 Board and shall not count towards a quorum.
Committees
(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.
(3) A decision of a committee of the Board shall be of no effect until it is confirmed 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 Agency by the Director-General 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 Agency shall be received in evidence and shall, unless and until the contrary is proved, be presumed to be so executed.
SUBSIDIARY LEGISLATION
No Subsidiary Legislation