CENTER FOR LAWS OF NIGERIA: FEDERAL LAWS
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: lawnigeria@gmail.com or info@lawnigeria or Text/WhatsApp +23407067102097
Laws of the Nigerian Federation
NIGERIAN INSTITUTE OF INTERNATIONAL AFFAIRS ACT
ARRANGEMENT OF SECTIONS
Establishment, objects and functions of the Institute
Financial provisions, etc.
Supplemental
SCHEDULES
FIRST SCHEDULE
Membership of the Council, etc.
SECOND SCHEDULE
Transitional provisions as to property
NIGERIAN INSTITUTE OF INTERNATIONAL AFFAIRS ACT
An Act to establish the Nigerian Institute of International Affairs as a corporate body to encourage and facilitate the understanding of international affairs, circumstances, conditions, and attitudes of people of other countries and for matters connected therewith and other related matters.
[1971 No. 35.]
[18th August 1971] [Commencement.]
Establishment, objects and functions of the Institute
(1) There is hereby established a body to be known as the Nigerian Institute of International Affairs (in this Act referred to as “the Institute”) which shall have the functions assigned to it by this Act.
(2) The Institute shall be a body corporate with perpetual succession and a common seal.
(3) Subject to paragraph 13 of the First Schedule to this Act the government of the Institute and the management of its affairs shall vest in the Council of the Institute (in this Act referred to as “the Council”).
(4) The provisions of the First Schedule to this Act relating to-
(a) the membership, powers and the proceedings of the Council;
(b) the committees of the Council; and
(c) the other matters there mentioned, shall have effect as therein prescribed.
(5) The Institute shall be exempted from stamp duties.
The objects of the Institute shall be to—
(a) encourage and facilitate the understanding of international affairs and of the circumstances, conditions, and attitudes of foreign countries and their peoples;
(b) provide and maintain means of information upon international questions and promote the study and investigation of international question by means of conferences, lectures, and discussions, and by the preparation and publication of books, records, reports, or otherwise as may seem desirable so as to develop a body of informed opinions on world affairs;
(c) establish contacts with other organizations with similar objects.
Subject to the provisions of this Act, the Institute is hereby charged with the general function of promoting the scientific study of international politics, economics, and jurisprudence and without prejudice to the generality of the foregoing provisions, the Institute shall-
(a) provide such information to the Government of the Federation and members of the public as respects matters concerning international relations;
(b) provide facilities for the training of Nigerian diplomats and personnel and those of other countries whose vocations relate to international affairs;
(c) promote and encourage the study of and research into all aspects of international affairs;
(d) from time to time arrange international seminars and conferences on any matter relating to its objects;
(e) promote and undertake such other things and carry out such other activities as may in the opinion of the Institute be deemed necessary
for the attainment of the objects of the Institute.
(1) Subject to sections 5 and 6 of this Act, there shall be in the employment of the Institute, such number of officers and servants as may appear expedient and necessary to the Council, for the proper and efficient conduct of the functions of the Council.
(2) Unless otherwise precluded by this Act, the Institute may exercise any of the powers and perform any of the functions and duties conferred and imposed on the Institute by this Act through or by any of its officers and servants duly authorized by the Council in that behalf.
(3) Appointment of officers and servants of the Institute, other than those referred to in sections 5 and 6 of this Act, shall be made by an Appointments and Promotion Committee, which shall be set up by the Council after consultation with the Director-General.
(4) The Appointments and Promotion Committee shall be presided over by the Director-General and shall comprise the following members-
(a) a Professor of political science;
(b) a Professor of history;
(c) a Professor of law;
(d) a Professor of Economics, to be drawn from Nigerian universities; and
(e) a member of the Council, other than the Director-General, to be appointed by the chairman.
(5) Officers and servants of the Institute shall be answerable directly to the Director-General who may, after due consultation with the Appointments and Promotion Committee, terminate the appointment of any such officer or servant of the Institute.
(1) There shall be an officer of the Institute to be known as the Director-General who shall be appointed by the President.
(2) The Director-General shall be the chief executive of the Institute.
(1) There shall be appointed by the Council, the following officers of the Institute-
(a) the secretary and Director of Administration, who shall be responsible to the Director-General for the day-to-day administration and for the finances of the Institute and shall act as secretary to the Council;
(b) the Director of Research and Studies, who shall be selected from within or outside the Institute and-
(i) be responsible to the Director-General for coordinating the research staff and research projects of the Institute and the collection and publication of research materials; and
(ii) hold office for one term of five years only;
(c) the Director of Library and Documentation Services, who shall be responsible to the Director-General for the activities and maintenance of the library of the Institute.
(2) The power to discipline, suspend, reprimand and interdict any officer or servant above grade level 07 shall be exercised by the Appointments and Promotion Committee:
Provided that any officer or servant who is aggrieved by the decision of the Appointments and Promotion Committee may appeal to the Council through the Director-General.
(3) The power to appoint and discipline junior officers of grade level 07 and below shall be exercised by the Director-General.
(1) It is hereby declared, that service in the Institute shall be public service for the purposes of the Pensions Act and accordingly, officers and other persons employed in the Institute shall in respect of their service in the Institute, be entitled to pensions, gratuities, and other retirement benefits as are prescribed thereunder, 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 and 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 a Minister or other authority of the Government of the Federation (not being the power to make regulations under section 23 thereof), is hereby vested in and shall be exercisable by the Council and not by any other person or authority.
(3) Nothing in subsection (2) of this section shall prevent a person from being appointed to any office declared to be pensionable under subsection (1) of this section on terms which preclude, or will, if he is not confirmed in that office, preclude the grant of a pension or gratuity under the Pensions Act to him, in respect of his service in that office.
(1) Membership of the Institute shall be open only to persons who are citizens of Nigeria and to non-Nigerians on the recommendations of the Council and approval of the President and it shall be the duty of members of the Institute generally, to promote and undertake such things as may be deemed necessary for the attainment of the objects of the Institute.
(2) Subject to any regulations made under section 15 of this Act, any person who immediately before the appointed day was a member of the Institute shall on that day become a member of the Institute under this Act.
Financial provisions, etc.
(1) The Institute shall establish and maintain a fund, which shall be applied towards the promotion of the objects of the Institute.
(2) There shall be paid and credited to the fund established pursuant to subsection (1) of this section-
(a) such moneys as may be supplied to the Institute by the Federal Government or a State Government;
(b) all moneys as may be raised for the purposes of the Institute, by way of gifts, loans, grants in aid, testamentary disposition or otherwise;
(c) all interests received in respect of moneys invested by the Institute; and
(d) all other assets, from time to time, accruing to the Institute.
(3) The fund shall be managed in accordance with rules made by the Minister of Finance 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 of the fund are to be held, and regulating the making of payments into and out of the fund;
(b) requiring the keeping of proper accounts and records for the purposes of the fund in such form as may be specified in the rules;
(c) for ensuring that the accounts are audited periodically by auditors appointed from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation; and
(d) requiring copies of the accounts and of the auditor’s report on them to be furnished to the President through the Ministry of Foreign Affairs.
(1) Subject to subsection (2) of this section, the Institute may accept gifts of land, money or other property, upon such terms and conditions, if any, as may be specified by the person making the gifts and the Institute shall not pay tax on any such gift or donation; and corporate
bodies who give gifts or donations shall be exempted from tax on the gift or donations.
(2) The Institute shall not accept any gift if the conditions attached to such gift by the person proposing to make the gift are inconsistent with the functions of the Institute.
(1) The Institute may, from time to time, as the Council may direct, apply the funds at its disposal-
(a) to the cost of the administration of the Institute and for the purposes of any research under its administration;
(b) the provision of fellowships and other awards, for the training of persons in international relations;
(c) for reimbursing members of the Institute or members of any committee set up by the Council or the Director-General;
(d) to the payment of the salaries, fees or other remuneration or allowances payable to the officers and servants of the Institute, so however that no payment of any kind under this paragraph (except such as may be expressly authorised by the Minister) shall be made to any person who is in receipt of emoluments from the Federal or a State Government;
(e) for the maintenance of any property vested in the Institute or under its administration; and
(f) for and in connection with all or any of the functions of the Institute under this Act or any other enactment.
(2) Except as provided for in subsection (1) of this section, no other remuneration shall be paid to any member of the Council or of any committee.
(1) The Council may, with the consent or in accordance with the general authority given by the President, borrow by way of loan from any source any moneys required by the Council for meeting its obligations and discharging the functions of the Institute under this Act.
(2) The Council may, subject to the provisions of this Act and the conditions of any trust created in respect of any property, invest all or any of its funds as may be approved by the President.
(3) The Minister may, with the approval of the President, issue directives to the Council as to the disposal of surplus funds of the Institute.
The Institute shall within six months after the end of each financial year, submit to the President, a report on the activities of the Institute and its administration during the last preceding year.
Supplemental
(1) The Institute shall provide and maintain a library comprising such books and publications as may be provided by the Council for the advancement of knowledge of international affairs and relations, for research purposes, and for other purposes concerned with the objects and functions of the Institute.
(2) A certified true copy of every treaty entered into by the Federal Republic of Nigeria shall be deposited at the library of the Institute.
(1) The Council may, subject to the provisions of this Act, make regulations generally for the purposes of this Act; and without prejudice to the generality of the foregoing
regulations may provide for-
(a) the functions and responsibilities of the Director-General and the secretary;
(b) the disciplinary control of all officers and servants of the Institute;
(c) matters concerning-
(i) membership of the Institute;
(ii) annual subscriptions;
(iii) annual general meetings and extraordinary general meetings of the
members of the Institute, the regulations of the conduct of the meetings, and matters which may be dealt with at such meetings; and
(iv) appointment to the offices of Patron and Vice Patrons of the Institute; and
(d) such other matters as the Minister may approve.
(2) Notwithstanding anything in the foregoing provisions of this section, the first meeting of the Council shall be summoned by the Minister, on such day after the appointed day, as he may think fit.
(3) Regulations made under subsection (1) of this section shall not have effect until they are approved by the President, and when so approved they shall be published in the Federal Gazette.
(1) The trustees appointed by the Institute who for the purposes of the Companies and Allied Matters Act became an incorporated body under that Act with powers to accept, acquire and hold in trust all land belonging to the Institute shall, as from the appointed day, cease to be an incorporated body and to have or to exercise such power, and accordingly-
(a) the certificate of registration of the said trustees granted under that Act shall as from that appointed day become null and void;
(b) the constitution and bye-laws and other instruments which may be in operation immediately before the appointed day and which, among
other things, relate to the aims and objects of the Institute and deal with the appointment and powers of the trustees, membership of the
Institute and the proceedings of its annual general meetings shall no longer have effect; and
(c) any holder of an office of the Institute who was or became by virtue of the said constitution and bye-laws, an officer of the Institute before the appointed day shall, as from that appointed day, vacate his office which shall thereupon become vacant.
(2) Nothing in this section shall affect the appointment under this Act of any servant or other member of the staff of the Institute or his tenure of office.
(1) All property which immediately before the appointed day was held by the trustees of the Institute (hereby dissolved) or by some other body or person on behalf of or in trust for the Institute, shall on that appointed date, by virtue of this section and without further assurance vest in the Institute and be held by it on behalf of or, as the case may be, on the like trust for the benefit of the Institute.
(2) The transitional provisions set out in the Second Schedule to this Act relating to the rights, liabilities, and obligations arising out of any contract or other arrangement and other matters therein mentioned shall apply accordingly.
Nothing in this Act shall be construed as permitting the Institute to express an opinion on any aspect of international affairs on behalf of the Federal Government.
In this Act, unless the context otherwise requires-“appointed day” means the 18th day of August 1971;
“Council” has the meaning given to it in section 1 of this Act;
“Institute” means the Nigerian Institute of International Affairs established by this Act;
“Minister” means the Minister of Foreign Affairs; and
“trustees” means the former trustees of the Institute incorporated before the appointed day under the Companies and Allied Matters Act.
This Act may be cited as the Nigerian Institute of International Affairs Act.
SCHEDULES
FIRST SCHEDULE
[Section 1(3).]
Membership of the Council
(a) a chairman;
(b) the Director-General;
(c) a representative of the Presidency;
(d) three persons from the Federal Universities in the Federation, so however that no two persons shall be appointed from the same University;
(e) six persons with special interest in international affairs.
Proceedings of the Council
Terms of service of members of the Council
Committees of the Council
Meetings and membership of the Institute etc.
(2) Anyone third of members of the Council may, in writing, demand a Council meeting and the chairman shall cause such a meeting to be summoned.
(3) Anyone third of the members of the Institute may, in writing, demand a general meeting and the chairman shall cause such a meeting to be summoned.
(4) The chairman shall preside over any joint meeting of the Council and members of the Institute.
(5) The chairman shall preside over any meeting of the members including the annual general meeting.
(2) The chairman shall preside over any joint meeting of the Council and members of the Institute or any meeting of the members, including the annual general meeting.
Miscellaneous
(a) by any vacancy in the membership of the Institute, Council or of any such committee; or
(b) by any defect in the appointment of any member; or
(c) by reason that a person not entitled to do so, took part in the proceedings.
SECOND SCHEDULE
[Section 17 (2).)
Transitional provisions as to property
Transfer of property
(a) the Institute has been a party to the agreement;
(b) for any reference (however worded and whether express or implied) to the trustees there were substituted, as respects anything failing to be done on or after the appointed day, a reference to the Institute; and
(c) for any reference (however worded and whether express or implied) to a member of the Institute or an officer thereof, there were substituted, as respects anything failing to be done on or after the appointed day,
a reference to a member or an officer of the Institute, as may be to the member or officer in question of the Institute, as established by this Act.
NIGERIAN INSTITUTE OF INTERNATIONAL AFFAIRS ACT
SUBSIDIARY LEGISLATION
No Subsidiary Legislation