NIGERIANS IN DIASPORA COMMISSION (ESTABLISHMENT) ACT
CENTER FOR LAWS OF NIGERIA: FEDERAL LAWS
LAWS OF THE FEDERATION OF NIGERIA
ALPHABETICAL INDEX TO THE LAWS OF NIGERIA (UPDATED TO 2018)
NIGERIANS IN DIASPORA COMMISSION (ESTABLISHMENT) ACT5
EXPLANATORY MEMORANDUM
This Act establishes the Nigerians in Diaspora Commission to provide for the engagement of Nigerians in diaspora in the policies, projects and participation in the development of Nigeria for the purpose of utilising the human capital and material resources of Nigerians in Diaspora towards the overall socio-economic, cultural and political development of Nigeria
NIGERIANS IN DIASPORA COMMISSION (ESTABLISHMENT) ACT, 2017
ARRANGEMENT OF SECTIONS
PART 1 – ESTABLISHMENT OF THE NIGERIANS IN DIASPORA COMMISSION
1. Establishment of the Nigerians in Diaspora Commission.
2. Composition of the Board.
3. Tenure of Office
4. Functions of the Board.
5. Head office of the Commission.
6. Cessation of office.
7. Vacancy in membership.
PART II – FUNCTIONS OF THE COMMISSION
8. Powers of the Commission.
9. Departments of the Commission.
PART III — STAFF OF THE COMMISSION
10. Appointment of the Secretary and other staff of the Commission.
11. Staff regulations.
12. Pensionable service.
13. Training programme.
PART IV – FUNDS AND FINANCIAL PROVISIONS OF THE COMMISSION
14. Fund of the Commission.
15. Investment of moneys in the Fund.
16. Borrowing and investment power.
17. Accounts and audit.
18. Annual report.
19. Powers to accept gifts.
PART V — LEGAL PROCEEDINGS
20. Limitation of suit against the Commission.
21. Service of document.
22. Restriction on execution against property of the Commission.
PART VII — MISCELLANEOUS
23. Directives by the Minister, etc.
24. Indemnity of Commission’s officials.
25. Regulations.
26. Interpretation.
27. Citation.
Schedule
NIGERIANS IN DIASPORA COMMISSION (ESTABLISHMENT) ACT, 2017
An Act to establish the Nigerians in Diaspora Commission, provide for the engagement of Nigerians in diaspora in the policies, projects and participation in the development of Nigeria and for the purpose of utilising the human capital and material resources of Nigerians in diaspora towards the overall socio-economic, cultural and political development of Nigeria; and for related matters.
[Commencement] [21st DAY OF JUNE, 2017]
ENACTED by the National Assembly of the Federal Republic of Nigeria
PART 1 – ESTABLISHMENT OF THE NIGERIANS IN DIASPORA COMMISSION
Establishment of the Nigerians in Diaspora Commission
1(1) There is established for the Federation, the Nigerians in Diaspora Commission (in this Act referred to as the “Commission”) which shall —
(a) be under the Federal Ministry of Foreign Affairs; and
(b) be constituted in accordance with and have such powers and functions as conferred on it by this Act.
(2) The Commission —
(a) shall be a body corporate with perpetual succession and a common seal;
(b) may sue and be sued in its corporate name:
(c) may, for the purposes of its functions, acquire, hold or dispose of property (whether moveable or immovable); and
(d) is a designated Commission in Nigeria charged with the responsibility for coordinating and providing an organised system of collaborations of Nigerians in diaspora for their contributions by identifying, preserving and mobilising the human capital and material resources and expertise to the general development of Nigeria.
Composition of the Board.
2 (1) There shall be for the Commission a Governing Board (in this Act referred to as “the Board) which shall consist of
(a) a chairman who shall —-
(i) be the chief executive and accounting officer of the Commission,
(ii) be a person of high integrity, and
(iii) possess not less than 15 years experience in public service;
(b) a representative each from –
(i) the Ministry of Foreign Affairs, and
(ii) the Civil Service, not below the rank of a Director;
(c) 2 representatives each from Nigerians in Diaspora Organisations (NIDO) in –
(i) North America,
(ii) South America,
(iii) Asia,
(iv) Oceania,
(v) Africa, and
(vi) Europe;
(d) a legal practitioner at least 10 years post-call experience.
2) The Chairman and members of the Commission shall be appointed by the President subject to confirmation by the Senate.
(3) Notwithstanding the provision of this section, the appointment under subsection (1) shall be on recommendations made by the respective continental NIDO.
Schedule
4) The supplementary provisions set out in the Schedule to this Act shall have effect with respect to the proceedings of the Board and other matters contained therein.
Tenure of Office
3. The Chairman and members of the Commission shall hold office for a period of 4 years and may be re-appointed for a further term of 4 years and no more.
Functions of the Board.
4. The Board shall be responsible for the general administration of the Commission and, in particular, shall –
(a) formulate general policies for the regulation and development of the Commission and the achievement and exercise of the functions of the Commission;
(b) approve the audited and management accounts of the Commission;
(c) appoint auditors for the Commission;
(d) consider and approve the annual budget of the Commission as may be presented to it by the management;
(e) appoint, promote, terminate and exercise disciplinary control over the staff of the Commission;
(f) establish zonal offices of the Commission; and
(g) carry out such other activities as are necessary and expedient for the purpose of achieving the objectives of the Commission.
Head office of the Commission
5. The Commission shall have its head office in the Federal Capital Territory and other offices in any part of Nigeria as may be determined by the Board.
Cessation of office.
[EDITOR’S NOTE: “Section 4” referenced in opening line of section 6 should properly read “section 3”]
6. Notwithstanding the provisions of section 4, a member of the Board ceases to hold office if –
(a) becomes of unsound mind;
(b) becomes bankrupt or makes a compromise with creditors;
(c) is convicted of a felony or any offence involving dishonesty;
(d) is guilty of serious misconduct in relation to his duties, or
(e) is a person who has a professional qualification, and is disqualified or suspended, other than at his own request, from practicing his profession in any part of Nigeria by the order of any competent authority made in respect of him personally.
Vacancy in membership
7. Where a vacancy occurs in the membership of the Commission —
(a) it shall be filled by the appointment of a successor to hold office for the remaining term of office of his predecessor; and
(b) the successor so appointed shall represent the same geo-political zone or the continent as the case may be, and the interest of his predecessor.
PART II —- FUNCTIONS OF THE COMMISSION
Powers of the Commission
8. The Commission shall have power to –
(1) (a) manage the funds, with respect to the day-to-day running of the Commission;
(b) mobilise and execute programmes that will compliment and advise the Federal Government on major areas of accelerated development;
(c) formulate policies as the Commission may, from time to time, determine;
(d) co-ordinate and harmonise all continental Nigeria Diaspora Organisations;
(e) advise the Government at all levels on matters related to this Act;
(f) carry out trainings for the staff of the Commission:
(g) set-up a world-wide council (consisting of continental, regional and local leaderships);
(h) reach out to Nigerian communities abroad through their various groups, organisations and professionals bodies;
(i) articulate its mandate and that of the Government properly and widely;
(j) strengthen the existing administrative set-up of the NIDO;
(k) work in concert with the NIDO, professional sub-committees, sub-committees on the professional groups and the various socio-cultural groups; and
(l) design criteria for membership participation.
Departments of the Commission.
9. (1) There shall be established such Departments as the Board may deem fit.
(2) The functions of the Departments shall be determined by the Board.
PART III — STAFF OF THE COMMISSION
Appointment of the Secretary and other staff of the Commission
10. (1) There is established for the Commission a Secretariat which shall be headed by the Secretary and whose appointment shall be by the President.
(2) The Secretary shall be –
(a) the head of the Secretariat of the Commission;
(b) responsible for the administration of the Secretariat and the keeping of the books and records of the Commission;
(c) appointed for a term of 4 years in the first instance and may be reappointed for a further term of 4 years subject to satisfactory performance; and
(d) subject to the supervision and control of the Chairman and the Commission.
(3) The Commission may appoint such other staff or second officers from government ministries, embassy, mission or such other private or public service as it may deem necessary to assist the Commission in the performance of its functions under this Act.
(4) The staff of the Commission appointed under subsection (3) of this section shall be appointed upon such terms and conditions as the Commission may, after consultation with the Federal Civil Service Commission, determine.
Staff regulations.
11 (1) The Commission may, subject to the provisions of this Act, make staff regulations relating generally to the conditions of service of the employees of the Commission and without prejudice to the generality of the foregoing, the regulations may provide for
(a) the appointment, promotion and discipline of employees of the Commission; and
(b) appeals by such employees against disciplinary measures, and until the regulations are made, any instrument relating to the conditions of service of officers in the Civil Service of the Federation shall be applicable, with such modifications as may be necessary, to the employees of the Commission.
(2) Staff regulations made under subsection (1) of this section shall not have effect until approved by the Commission, and when so approved, the regulations may not be published in the Federal Government Gazette but the Commission shall cause them to be brought to the notice of all affected persons in such manner as it may determine.
Pensionable service Act, No.4, 2014.
12. Service in the Commission shall be public service for the purposes of the Pensions Reforms Act and, accordingly, officers and other persons employed in the Commission shall, in respect of their service in the Commission, be entitled to pension and gratuities.
Training programme
13. The Commission shall initiate, develop or improve specific training programmes for its officers and other personnel, charged with the responsibility for the implementation of the Commission’s programmes created by this Act and such programmes shall include –
(a) methods used in attending to and collecting information about the NIDO members, professional group members and socio cultural groups for the purpose of registration and storage of their proposals as specified and created under this Act;
(b) mobilisation framework and parameters that will articulate proposals of the NIDO members or organisations, professional groups and socio-eultural organisations;
(c) mobilisation clearly defined members;
(d) clear definition of goals;
(e) qualifying attributes for membership and participation;
(f) definition of settings for mobilisation activities:
(g) listing of tools needed to employ for effective mobilisation;
(h) funds for mobilisation;
(i) techniques to be used by persons involved in implementing the programmes created under this Act, including the offences thereto and appropriate counter-measure;
(j) detection and monitoring of the movement of funds and proceeds and property derived from Governments and endowment fund intended to be used by the Commission;
(k) methods used for the transfer, concealment or disguise of such proceeds, property or instruments;
(l) law enforcement techniques;
(m) custody of records;
(n) legal prosecution, representation and defence;
(0) dissemination of information on the NIDO members or its organisation.
(p) membership recruitment through regional conferences, individual contact, or special meetings with existing groups;
(q) improved administrative facilities at the NIDO Continental Headquarters in Washington DC area (NIDO America), London (NIDO Europe), Singapore (NIDO), Asia and Accra or Johannesburg (NIDO Africa);
(r) improved administrative facilities at the professional groups and socio-cultural groups headquarters all over the world, and
(s) creation of awareness through press and other media.
PART IV – FUNDS AND FINANCIAL PROVISIONS OF THE COMMISSION
Fund of the Commission.
14. (1) The Commission shall establish and maintain a fund from which all expenses incurred by the Commission shall be defrayed.
(2) The Fund shall consist of funds derived from but not limited to the following source
(a) such money as may be appropriated by the National Assembly or granted or contributed by a State, local government, statutory body, international body, international donor agency, non governmental organisation and membership dues;
(b) fees charged by the Commission under this Act;
(c) interests on investments made from the operation of the Commission; and
(d) all other assets that may accrue to the Commission.
Investment of money in the Fund.
15. Subject to section 14 of this Act, money in the Fund which may, at any time be surplus to le current needs of the Commission shall be invested in such securities as may be pproved by the Board.
Powers to borrow and invest.
16. (1) The Commission may, in accordance with the general guidelines or authority given by the Government of the Federation, borrow, by way of loan or overdraft, from any source, any money required by the Commission to meet its obligations and its functions under this Act.
(2) The Commission may, subject to the provisions of this Act and condition of trust in respect of funds held or any property owned by the Commission, invest some of the funds with the approval of the Federal Government.
(3) Without prejudice to the power of the Commission to set aside from the Fund appropriate amounts for replacements, contingencies or other purposes, the Commission may establish and maintain a general reserve.
(4) The management of the general reserve, the sums to be carried from time to time to the credit of the general reserve, the charges to be made against the general reserve and any other application of the funds of the Commission comprised therein, shall be as the Commission may, with the approval of the Minister, determine.
(5) No part of the money comprised in the general reserve shall be applied otherwise than for the purposes of this Act.
Accounts and audit.
17(1) The Commission shall keep proper records of its accounts and shall prepare in respect of each financial year a statement of accounts of the Commission as the Minister may direct.
(2) The accounts of the Commission shall be audited by auditors appointed from the list of auditors and in accordance with the guidelines laid down by the Auditor-General of the Federation.
(3) As soon as the accounts of the Commission have been audited, the Commission shall furnish a copy of the statement of accounts to the President and the National Assembly through the Minister, together with a copy of any report made by the auditors on their statement or on the accounts.
Annual report,
18 (1)The Commission shall prepare and submit to the Minister not later than the last day of May in each financial year a report in such form as the Minister may direct on the activities of the Commission during the last preceding financial year, and shall include in the report a copy of the audited accounts for the last preceding financial year and of the auditor’s report of those accounts.
(2) The Minister shall cause copies of each report made to him under this section to be laid before the President and each of the Houses of the National Assembly, respectively.
Powers to accept gifts.
19(1) The Commission may accept gifts of property (including interests in land) money and to a other assets upon such terms and conditions (if any) as may be specified by the person or organisation making the gift.
2) The Commission shall not accept any gift if the conditions attached by the donor are inconsistent with the functions and objectives of the Commission.
PART V – LEGAL PROCEEDINGS
Limitation of suit against the Commission (Cap. P41 LFN, 2004.)
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 member or officer or employee of the Commission.
(2) Notwithstanding anything contained in any other law or enactment, no suit against a member of the Board, the Executive 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 duties or authority or in respect of any alleged neglect or default in the execution of this Act or any other law or enactment, duties or authority, shall lie or be instituted in any court unless it is commenced —
(a) within 3 months after the act, neglect or default complained of; or
(b) within 6 months after ceasation, in the case of continuation of damage or injury
(3) No suit shall be commenced against a member of the Board, the Executive Secretary or any other officer or employee of the Commission before the expiration of a period of one month after written notice of the intention to commence the suit shall have been served on 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
(a) the cause of action;
(b) the particulars of the claim;
(c) the name and place of abode of the plaintiff, and
(d) the relief which he claims.
Service of document.
21. A notice, summons or other document required or authorised to be served on 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 addressed to the Executive 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 unless not less than 3 months’ notice of the intention to execute or attach has been given to the Commission
(2) Any sum of money which by the judgment of any court, has been awarded against the Commission shall, subject io any direction given by the court where no notice of appeal against the judgment has been given, be paid from the Account of the Commission.
PART VII – MISCELLANEOUS
Directives by Minister.
23. The Minster may give directives in writing to be served on a Director of a Department, etc. requiring the Director to furnish the Minister with all information within his power relating o such matters connected with any activity of the Department as may be specified in the directives and the Director shall comply with the requirements of the directives.
Indemnity of Commission’s officials.
24. An official or employee of the Commission shall be indemnified out of assets of the Commission against any liability incurred by him in defending any proceeding whether civil or criminal, if the proceeding is brought against him in his capacity as officer or employee of the Commission.
Regulations.
25. The Board may make regulations, rules or orders to give full effect to the provisions of this Act.
LAWS MADE BY THE NATIONAL ASSEMBLY OF NIGERIA [1999 – 2019]
