CENTER FOR LAWS OF NIGERIA: FEDERAL LAWS
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NATIONAL ASSEMBLY SERVICE COMMISSION ACT, 2011 [REPEALED BY THE NATIONAL ASSEMBLY SERVICE COMMISSION, 2014]
Arrangement of Sections
1. | Repeal of cap. 236 LFN | 2. | Establishment of National Assembly Service Commission. | 3. | Membership of the Commission. |
4 | Qualification for Membership. | 5. | Removal from office. | 6. | Appointment of Secretary to the Commission. |
7. | Functions of the Commission. | 8. | Power of delegation and certain restriction thereon. | 9. | Staff of National Assembly Prescribed. |
10. | Appointment of Acting Clerk to the National Assembly. | 11. | Tenure of Office of the Clerk to the National Assembly. | 12. | Pensions. |
13. | Staff regulations. | 14. | Fund of the Commission. | 15. | Annual Estimates and Expenditures. |
16. | Borrowing. | 17. | Offices and Premises of the Commission. | 18. | Interpretation. |
19. | Short Title. |
National Assembly Service Commission Act
CITATION
An Act to Repeal the National Assembly Service Commission Act Cap, 236 Laws of the Federation of Nigeria 1990, to Provide for a New Commission to Reflect the Current Structure of the National Assembly; and for Connected Purposes
[COMMENCEMENT] [30th day of October 2000]
Enacted by the National Assembly of the Federal Republic of Nigeria –
National Assembly Service Commission
(2) The Commission shall be body corporate with perpetual succession and shall have power to sue and be sued.
(2) The Chairman shall be the chief Executive of the Commission
(3) The President of the Senate shall, upon consultation with the Speaker of the House of Representatives, submit to the President of’ the Federal Republic of Nigeria a propose list out of which the President of the Federal Republic of Nigeria shall nominate for appointment a Chairman and members of the Commission.
(4) The President of the Federal Republic of Nigeria shall appoint the Chairman and Members the Commission from the list submitted to him in accordance with the provision of Subsection (3) of this section subject to the confirmation of the Senate.
(5) At least 2 members of the Commission shall be drawn from each of the six-geo-political zones of Nigeria.
(6) A member or the Commission shall hold office for a period of five years from the date of his appointment and he may be re-appointed for another one term only.
(7) The provision in First Schedule to this Act shall have effect with respect to the proceedings of the Commission or its Committees and other matters.
(8) Where a vacancy occurs in the membership of the Commission, it shall be filled by the appointment of a successor in accordance with the provisions of section 3(4) of this Act to hold office for the remainder of the term of office of his predecessor and such a successor shall represent the same geo-political interest.
(9) The composition of the Commission, the staffing and the conduct of its affairs shall reflect the federal character of Nigeria as enshrined in section 14 (3) of the Constitution of the Federal Republic of Nigeria.
(a) he is not qualified or if he is disqualified for election as a member of the House of Representatives
(b) within the preceding 10 years, he has been removed as a member of any of the bodies established by section 153 of the Constitution of the Federal Republic Constitution of Nigeria, or as the holder of any other office on the ground of misconduct.
(2) Any person employed in the Public Service of the Federation or of a State shall not be disqualified for appointment as a Chairman or member of the Commission.
(3) Where such person has been duly appointed on full-time basis, he shall, on his appointment, be deemed to have resigned or retired from his former office as from the date of his appointment.
(2) Notwithstanding the provision of subsection (1) of this section, the Chairman or any member of the Commission shall be removed from office by the National Assembly upon a resolution by two thirds majority of the members of each House for inability to discharge the function of the office or for misconduct.
(3) A member of the Commission shall cease to be a member if any circumstances arise that, if he were not a member of the Commission, would cause him to be disqualified for appointment as such a member
(4) Upon the coming into force of this Act, or upon the expiration of the life of the Commission at any time or upon a vacancy occurring in the membership of the Commission, the President shall send the appropriate nominations to the National Assembly within thirty days of being requested so to do.
(a) be a senior officer not below the rank of a Director in the Federal Civil Service;
(b) be the accounting officer of the Commission ; and
(c) hold office on such terms and conditions as to emoluments and other conditions of service as approved by the National Assembly
(2) The Secretary shall, subject to the general direction of the Commission, be responsible
(a) for the day to day administration of the Commission ; and
(b) for keeping the books and proper records of proceedings of the Commission.
(a) formulate and implement guidelines for its functions;
(b) appoint person to hold or act in the office of –
(i) the Clerk to the National Assembly,
(ii) the Deputy Clerk to the National Assembly,
(iii) the Clerk of the Senate,
(iv) the Clerk of the House of Representatives,
(v) the Deputy Clerk of the Senate,
(vi) the Deputy Clerk of the House of Representatives, and
(vii) all other offices in the service of the National Assembly;
(2) The Commission may
(a) make appointments on promotion and transfer and confirm such appointments ; and
(b) dismiss and exercise disciplinary control over persons holding or acting in such offices.
(3) Where the Commission thinks it expedient that any vacancy in the staff of the National Assembly should be filled by a person holding office in the Civil Service of the Federation or of a State, it shall notify the appropriate Civil Service Commission to that effect and the Commission may, after consultation with the Civil Service Commission concerned, cause such vacancy to be filled by way of secondment or transfer.
(4) Where any member of a Civil Service is seconded under Subsection (3) of this section, he shall be notified of the terms and conditions of the secondment and the secondment shall be without prejudice to any pension rights which, but for the secondment, would still accrue to him.
(5) A person seconded pursuant to subsection (3) of this section, may elect subject to the approval of the Commission to be transferred to the service of the National Assembly in which case any previous service in the Civil Service concerned shall count as service for the purposes of pension subsequently payable by the Commission.
(6) Any member of staff of the National Assembly may elect to transfer or be seconded to any other Public Service of the Federation and such right of transfer or secondment shall not operate to the disadvantage of the officer concerned.
(7) In exercising its powers to make appointments or exercise disciplinary control over persons, the Commission shall not be subject to the direction or control of any authority or person.
(8) The Commission shall have power to pay its staff such remunerations as are approved by the National Assembly.
(a) any of its members ; or
(b) a committee consisting of such persons (one of whom shall be named as Chairman) as may be prescribed by the Commission or
(c) the Clerk of the National Assembly or to any other officer in the service of the National Assembly; but no such delegation shall prevent the exercise by the Commission of any power vested in it by this Act.
(2) Notwithstanding subsection (1) of this section or any other provision of this Act, the Commission shall not delegate any of its powers in respect of offices of the Clerk to the National Assembly, the Deputy Clerk to the National Assembly, the Clerk of the Senate, the Clerk of the House of Representatives, Deputy Clerk of the Senate, the Deputy Clerk of the House of Representatives and such other staff not below Grade Level 08.
Staff of the National Assembly
(a) the Clerk to the National Assembly;
(b) the Deputy Clerk to the National Assembly;
(c) the Clerk of the Senate;
(d) the Clerk of the House of Representatives,
(e) the Deputy Clerk of the Senate;
(f) the Deputy Clerk of the House of Representatives and
(g) holders of the offices set out in Second Schedule to this Act.
(2) For the purposes of the application of the provisions of the Pensions Act, any Power exercisable by a Minister or other authority of the Government of the Federation (not being the Power to make regulations under section 23 of that Act) are hereby vested in and shall be exercisable by the Commission and not by any other person or authority.
(3) Nothing in the foregoing provisions of this section shall Prevent the appointment of a person to any office in the National Assembly on terms which preclude the grant of a pension or gratuity in respect of service in that office.
(a) the composition of membership of the committee referred to in section 8 of this Act,
(b) the appointment, Promotion, and disciplinary control (including dismissal) of staff of the National Assembly; and
(c) appeals by such staff against dismissal or other disciplinary measures and until such regulation are made, any instruments relating to the conditions of service of persons in the service of the Federation shall, with such modifications as may be necessary, be applicable to the staff of the National Assembly.
(2) Any regulations made under Subsection (1) of this section, need not be published in the Federal Gazette but the Commission shall cause them to be laid before each Mouse of the National Assembly and to be brought to the notice of all affected persons through publications in the House Journal of either the Senate or the House of Representatives or in such manner as it may from time to time, determine.
Fund of 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 deposited with the Commission by the National Assembly or any body or institution within the country
(b) all monies raised for the purposes of the Commission by way of gifts loans, grants -in-aid, testamentary dispositions or otherwise; and
(c) proceeds from all other assets that may from time to time accrue to the
(3) The Commission shall defray from the fund all expenditures incurred by it and shall include –
(a) the cost of administration
(b) the payment of salaries, fees or other remunerations or allowances and pensions and gratuities payable to members and employees of the Commission ; and
(c) anything done in connection with any of its functions 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 of such accounts which shall be audited not later than six months after the end of each year by auditors appointed by the National Assembly from the list and in accordance with the guidelines supplied by the Auditor-General of the Federation.
(a) purchase or take on lease any interest in land, or other property ; and
(b) equip and maintain same subject to the approval of the National Assembly.
Supplementary
“The Chairman” means the Chairman of the Commission;
“The Commission” means the National Assembly Service Commission established by section 2 of this Act;
“The Member” means any member of the Commission appointed under section 3 of this Act, including the Chairman ; and
“The Secretary” means the Secretary to the Commission appointed pursuant to section 6 of this Act.
19 This Act may be cited as the National Assembly Service Commission Act, 2000.
First Schedule
Section 3 (7)
Proceedings of the Commission
Second Schedule
Section 9 (g)
Staff of the National Assembly
(i) Clerk to the National Assembly
(ii) Deputy Clerk to the National Assembly
Divisions and Heads
(i) Medical……………………….. Director, Medical Services
(ii) Internal Audit……………… Deputy Director
(iii) Sergeant-at-Arms…….. Sergeant-at-Arms
(iv) Protocol….. …………………. Deputy Director
(a) Senate Protocol…. ……………….Assistant Director
(b) House of Representatives Protocol ………………………………Assistant Director
(v) National Secretariat of Nigerian Legislature ……………………………….Deputy Director
(vi) Lagos Liaison Office…………………. Assistant Director
(i) Clerk of Senate
(ii) Deputy Clerk of Senate
Divisions and Heads
(i) Chamber ………………………….Principal Clerk Assistant
(ii) Committee ……………………..Principal Clerk Assistant
III. Office of the Clerk, House of Representatives
(i) Clerk of the House of Representatives
(ii) Deputy Clerk, House of Representatives
Divisions and Heads
(i) Chamber ………………….Principal Clerk Assistant
(ii) Committee.. ……. ………….Principal Clerk Assistant
1. | Personnel Department | Director |
i. Appointments, Promotion and Discipline | Deputy Director | |
ii. Training and Staff Welfare | Deputy Director | |
2. | Finance and Supplies department | Director |
i. Supplies | Deputy Director | |
ii. Accounts | Deputy Director | |
iii. Budget | Deputy Director | |
3. | Legislative Budget and Planning Department | Director |
i. Legislative Budget | Deputy Director | |
ii. Planning | Deputy Director | |
4. | Library, Research and Computer Service Department | Director |
i. Library and Research | Deputy Director | |
ii. Statistics and Computer | Deputy Director | |
5. | Information and Publication department | Director |
i. Information | Deputy Director | |
ii. Official Report | Deputy Director | |
iii. Printing and Publication | Deputy Director | |
6. | Legal Services Department | Director |
i. Legal Drafting | Deputy Director | |
ii. Litigations and counselling | Deputy Director | |
8. | Estate and Works Department | Director |
i. Electrical and Mechanical | Deputy Director | |
ii. Building and Civil | Deputy Director | |
iii. Transport | Deputy Director | |
iv. Maintenance | Deputy Director |
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ALPHABETICAL INDEX TO THE LAWS OF NIGERIA (UPDATED)
LAWS MADE BY THE NATIONAL ASSEMBLY OF NIGERIA [1999 – 2019]