Nigerian Centre For Disease Control And Prevention (Establishment) Act, 2018

Published by Law Nigeria Admin at 2nd April 2019

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NIGERIA CENTER FOR DISEASE CONTROL AND PREVENTION ESTABLISHMENT ACT, 2018

EXPLANATORY MEMORANDUM

This Act establishes the Nigeria Centre for Disease Control and Prevention to promote,, coordinate and facilitate the prevention, detection and control of communicable diseases in Nigeria and other events of public health importance.

NIGERIA CENTRE FOR DISEASE CONTROL AND PREVENTION (ESTABLISHMENT) ACT, 2018

ARRANGEMENT OF SECTIONS

PART 1 – OBJECTIVES AND ADMINISTRATION

Objectives.

PART II – ESTABLISHMENT AND FUNCTIONS OF THE CENTRE

Establishment of Nigeria Centre for Disease Control and Prevention.
Functions of the Centre.
Powers of the Centre.

PART III – ESTABLISHMENT AND FUNCTIONS OF THE GOVERNING BOARD

Establishment of Governing Board of the Centre.
Tenure of office.
Remunerations
Cessation of membership.
Functions and powers of the Board.

PART IV – MANAGEMENT AND STAFF OF THE CENTRE

Operational structure of the Centre.
Appointment of the Director General.
Other staff of the Centre.
Conditions of service.

PART V – FINANCIAL PROVISIONS

Fund of the Centre.
Expenditure of the Centre.
Acceptance of gifts.
Annual estimates.
Audit of accounts.
Annual reports.
Investments.

PART VI – NATIONAL ADVISORY COUNCIL AND ITS FUNCTIONS

Establishment of the National Advisory Council.
Functions of the National Advisory Council.

PART VII – MISCELLANEOUS

Promise and offices.
Power of the Minister to give directives.
Regulations.
Legal proceedings.
Interpretation.
Citation.

Schedule.

NIGERIA CENTRE FOR DISEASE CONTROL AND PREVENTION (ESTABLISHMENT) ACT, 2018

An Act to establish the Nigeria Centre for Disease Control and Prevention for the prevention, detection, investigation, monitoring and control of communicable diseases in Nigeria; and for related matters.

Commencement [5^TH OCTOBER, 2018]

ENACTED by the National Assembly of the Federal Republic of Nigeria:

PART II – ESTABLISHMENT AND FUNCTIONS OF THE CENTRE

Objectives.

objective of this Act is to establish a Centre with the responsibility to:

(a) protect Nigerians from the impact of communicable diseases of public health importance;

(b) maintain the highest stat of alertness to detect and respond to disease outbreaks, public health disasters, mass morbidity and mortality due to pathogenic chemical or biological agents;

(c) develop and coordinate capabilities, measures and activities to control outbreaks and mitigate the health impact of public health disasters;

(d) develop and coordinate an information network for the reporting and notification of communicable diseases;

(e) develop and make accessible guidelines and standards for relevant public health activities at all levels in the country;

(f) communicate information to the public on the need to protect themselves from public health threats as well as health professionals on the need to safely manage their patients and protect themselves; and

(g) lead Nigeria’s Implementation of International Health Regulations and coordinate its participation in international disease, prevention and control activities by establishing and maintaining close communication and collaboration with relevant international health organisations as well as other countries of the world.

PART III – ESTABLISHMENT AND FUNCTIONS OF THE GOVERNING BOARD

Establishment of Nigeria Centre for Disease Control and Prevention.

2.(1) There is established the Nigeria Centre for Disease Control and Prevention (in this Act referred to as “the Centre”)

(2) The Centre:

(a) is a body corporate with perpetual succession and a common seal;

(b) may sue and be sued in its corporate name;

(d) may enter into contracts and incure obligation.

Functions of the Centre.

3.(1) The Centre shall:

(a) prevent, detect, monitor and control diseases of national and international public health importance, including emerging and re-emerging diseases;

(b) develop, maintain and coordinate surveillance systems to collect, analyse and interpret data on diseases of public health importance, in order to detect public health threats, guide health interventions and set public health priorities;

(c) lead the response to disease outbreaks, public health emergencies and disasters in order to minimise the impact on health;

(d) develop and maintain a network of reference and specialised laboratories for pathogen detection, disease surveillance and outbreak response;

(e) develop and maintain guidelines and processes for specimen collection and transportation to reference laboratories including the World Health Organization (WHO) standard reference laboratories in Nigeria;

(f) conduct, collate, synthesise and disseminate public health research to inform policy and guideline on diseases of public health importance, and put in place a national public health research agenda and database;

(g) strengthen national health information systems to support prevention and control measures of communicable diseases;

(h) provide information to the public through multiple platforms on diseases and public health events;

(i) coordinate the operationalisation of, and ongoing international health regulations, including trans-border disease surveillance and control activities and lead the collaboration with global health agencies;

(j) provide support and coordinate the control of national and transborder responses to mass public health emergencies, such as mass casualties, floods, nuclear, biological and chemical terrorism, disease outbreaks and heavy metals poisoning;

(k) develop and maintain a communication network with all public health institutions, with roles in mitigating the impact of diseases;

(l) provide scientific guidance for local production of vaccines and other biological agents such as diagnostic kits, sera and anti-sera, food science and nutritional products, and other related substances useful for the health services, through locally developed technology or technology transfer;

(m) provide support to the Federal Ministry of Health for the development of evidence based guidelines and policies as well as the implementation of programmes relating to disease prevention and control, in line with international guidelines and recommendations;

(n) provide guidance, technical and logistic support to the States and Local Governments for the planning, implementation and management of diseases of public health importance and on activities to reduce health risk and impact from public health events;

(o) provide technical support to relevant government institutions on environmental health activities, as it relates to disease prevention, control and emergency disaster response;

(p) provide technical support for health disaster risk-reduction and management in collaboration with other major stakeholders in the country;

(q) implement relevant decisions of National Council on Health as regards disease control, prevention and disaster management;

(r) serve as the Secretariat to the National Health Emergency Preparedness and Response Committee;

(s) lead on the training of field epidemiologists through the Nigeria Field Epidemiology Training Programme; and

(t) carry out such activities as may be necessary or expedient for the performance of its functions under this Act.

(2) The Centre shall submit annual costed work plans relating to its functions to the Minister for approval

Powers of the Centre.

The Centre has powers to:

(a) demand and obtain relevant information, data, clinical samples and report on diseases of public health relevance and control of public health events, including communicable diseases, emergencies and disasters occurring within Nigeria;

(b) develop and enforce the use of standards, protocols and guidelines for disease prevention and control including diagnostics, disease detection and reporting in compliance with international best practices;

(c) collaborate with Port-Health Services to operate quarantine services including inspection, isolation, detection and management of quarantine stations at points of entry into Nigeria;

(d) implement and coordinate disease detection, prevention and control activities including international health regulations, surveillance, disease preparedness and response, capacity building for health workers, research and ethical standards as it relates to diseases of public health importance;

(e) coordinate relevant health sectors on the preparation and response to public health emergencies and disasters in the country including networking and liaising with relevant establishments within and outside Nigeria in pursuance of the functions of the Centre; and

(f) do all such things as may be necessary for or incidental to the performance and discharge of its functions and duties under this Act.

PART III – ESTABLISHMENT AND FUNCTIONS OF THE GOVERNING BOARD

Establishment of Governing Board of the Centre.

5.-(1) There is established a Governing Board for the Centre (in this Act referred to as “the Board”) which shall consist of:

(a) a chairman, who shall be:

(i) appointed by the President, on the recommendation of the Minister, and

(ii) a renowned health professional of at least 15 years cognate experience;

(b) a Director-General and Chief Executive Officer who is also the Secretary to the Board;

(d) a representative each, not below the rank of a Director and with relevant experience, from the Federal Ministry of:

(i) Health

(ii) Finance,

(iii) Science and Technology,

(v) Agriculture and Rural Development, and

(vi) Environment;

(e) a representative each, not below the rank of a Director and with relevant experience, from:

(i) National Primary Health Care Development Agency, and

(ii) Armed Forces Medical Services;

(f) a person from the private sector with at least 10 years cognitive experience and knowledge in the field of public health; and

(g) a representative of the Civil society Organisations.

(2) The members of the Board other than the ex-officio members shall be appointed by the President on the recommendation of the Minister, and shall be persons of proven integrity, ability and with cognate experience in disciplines relevant to the objectives of this Act.

Schedule

(3) The supplementary provisions set out in the Schedule to this Act shall have effect with respect to the proceedings fo the Board and other matters contained in the Schedule.

Tenure of office.

(1) The Chairman and the members of the Board, who are not e Tenure of office.-officio members, shall hold office:

(a) for a term of four years and no more; and

(b) on such terms and conditions as may be specified in their letters of appointment.

(2) Notwithstanding the provisions of subsection (1) (a), the Chairman or any member of the Board, may, at any time be removed from office by the President, for inability to discharge the duty of his office, whether arising from infirmity of mind or body or any other cause, or misconduct, or in the public interest.

Remunerations

A member of the Board shall be paid such emoluments, allowances and benefits in line with what is obtainable in other Board as the President may approve.

Cessation of membership.

(1) The office of the Chairman, the Director-General or a member of the Board becomes vacant where:

(a) his term of office expires;

(b) he resigns by a notice in writing addressed to the President;

(d) he has been absent from the Board meetings for four consecutive times without the permission of the Board;

(e) he becomes of unsound mind or incapable of carrying out his duties due to physical or mental illness;

(f) he has been declared bankrupt or makes compromise with his creditors;

(g) he has been convicted of a felony or any offence involving dishonesty;

(h) he is guilty of gross misconduct of relating to his duties;

(i) the President directs the removal of the member upon being satisfied that it is not in the interest of the Centre or of the public for the person to continue in office as a member of the Board; or

(j) in the case of an ex-officio member, he ceases to hold the office on the basis of which he became a member of the Board.

(2) Where a vacancy occurs in the membership of the Board, it shall be filled by an appointment by the President of a successor to hold office for the remainder of the term of office of his predecessor and the successor shall represent the same interest as that member whose exit created the vacancy.

Functions and powers of the Board.

The Board shall:

(a) provide supervisory functions on the affairs of the Centre;

(b) formulate the overall policy of the Centre and act in the name of the Centre;

(d) provide support for engaging the States of the Federation, another relevant partners for effective surveillance and disease prevention and control;

(e) supervise the strategic repositioning of the public health system to enable it respond to and put in place an emergency and pandemic preparedness system, and to efficiently and effectively respond to disease outbreaks and other public health events;

(f) ensure that adequate technical systems are in place for the Centre to perform its functions;

(g) establish committees as may be expedient to be charged with specific functions delegated by the Board;

(h) set the terms and conditions of service including appointment, remuneration, promotion and discipline of employees of the Centre after consultation with the Ministry and other relevant authorities; and

(i) do such other things of a policy nature as may be necessary for successful performance of its functions under this Act.

Operational structure of the Centre.

(1) The Centre shall:

(a) have its corporate office situate at the Federal Capital Territory, Abuja;

(b) seven Departments headed by Directors:

(i) Ourbreak Preparedness and Response,

(ii) Health Emergencies Preparedness and Response,

(iii) Epidemiology and Surveillance,

(iv) Planning, Research and Statistics,

(v) Laboratory and Diagnostic Services,

(vi) Finance and Accounts, and

(vii) Human Resources and Administration; and

PART IV – MANAGEMENT AND STAFF OF THE CENTRE

Appointment of the Director General.

11.(1) The President shall, on the recommendation of the Minister, appoint a Director-General for the Centre who shall be a health professional with at least 15 years postgraduate qualification experience in relevant fiels of medicine or public health.

(2) The Director-General shall be:

(a) the Chief Executive Officer of the Centre and responsible for the administration of the Centre; and

(b) subject to the supervision of the Board and the Minister.

(3) The Director-General shall hold office for a term of four years on such terms and conditions as may be specified in his letter of appointment and be eligible for reappointment for another term of 4 years and no-more on such terms and conditions as may be determined by the President on the recommendation of the Minister.

Other staff of the Centre.

12(1) The Board may appoint such other persons as it considers necessary as staff of the Centre and may engage experts to render consultancy services to the Centre, subject to extant Public Service Rules.

(2) The staff of the Centre shall be public servants as defined in the Constitution of the Federal Republic of Nigeria, 1999.

(3) The employment of the staff of the Centre shall be subject to such terms and conditions as may be stipulated by the Board and contained in the respective staff employment contracts.

Conditions of service.

13.(1) The Centre shall develop and implement appropriate conditions of service for its staff with particular regard to the issues of remuneration, pension scheme and other service fringe benefits, sufficient for the Centre to attract and retain quality and high calibre manpower.

(2) Service in the Centre shall be approved service for the purpose of the Pensions Reform Act and accordingly employees of the Centre shall in respect of their services be entitled to pensions, gratuities and other retirement benefits as are prescribed in the Act.

(3) Notwithstanding subsection (2), nothing in this Act shall prevent the appointment of a person to any office on terms which preclude the grant of a pension, gratuity or other retirement benefits.

(4) For the purpose of the application of the Pensions Reform Act, any power exercisable by the Minister or other authority of the Government of the Federation, other than the power to make Regulations under section e or 3 of the Act is vested and exercisable by the Board.

PART V – FINANCIAL PROVISIONS

Fund of the Centre.

14.(1) The Centre shall establish and maintain a fund (in this Act referred to as “the Fund”) from which shall be defrayed all expenditure incurred by the Centre for the purpose of this Act.

(2) There shall be credited to the Fund:

(a) such sums as may be appropriated to the Centre by the Federal Government;

(b) fees and charges for service rendered by the Centre;

(d) such sums accruing to the Centre by way of gifts, grants, endowments, bequests, conations or voluntary contributions by persons or organisations;

(e) foreign aid and assistance from multilateral and bilateral organisations or agencies;

(f) subventions and extra budgetary allocations accruable from the Federal Government or any other institution; and

(g) 2¹/₂⁰/₀of the 50% Basic Health Care Provision Fund established under section 11 (1) of the National Health Act.

Act No. 8, 2014.

Expenditure of the Centre.

The Centre shall apply the proceeds of the Fund at its disposal to:

(a) the cost of administration of the Centre;

(b) perform the functions of the Centre under this Act;

(c) pay members of the Board or any committee set up by the Board for such expenses as may be expressly authorised by the Board in accordance with the approved rates;

(d) the payment of salaries, fees or other remuneration, allowances, pensions and benefits payable to employees of the Centre;

(e) publicise and promote the activities of the Centre;

(f) build the capacity of staff of the Centre;

(g) conduct and support research activities;

(h) publish scientific findings, health education material, protocols, guidelines and public health rules and regulations;

(i) support membership of national or international scientific and professional organisations, working on Disease Control and Prevention and pay annual dues and other contributions to such organisations;

(j) support and encourage national non-governmental organisations, nationwide in the effort to mitigate the impact of communicable and non-communicable diseases;

(k) build, acquire and maintain any property vested in the Centre;

(i) implement rapid response to public health emergencies and disasters; and

(m) conduct any other activities relevant to the performance of its functions under this Act.

Acceptance of gifts.

(1) The Centre may accept gifts of land and money or other property on such terms and conditions, as may be specified by the person or organisation offering the gift.

(2) The Centre shall not accept any gift if the conditions attached by the person or organisation offering the gift are inconsistent with the functions of the Centre.

Annual estimates.

The Board shall cause to be prepared and submitted to the Minister, not later than #0^th September of each year, an estimate of the expenditure and income of the Centre for the following year.

Audit of accounts.

The Board shall keep proper accounts of the Centre in respect of each year and proper accords in relation thereto and shall cause the account to be audited not later than six months after the end of each year by auditors appointed in accordance with the guidelines provided by the Auditor-General for the Federation.

Annual reports.

The Board shall, not later than 30th June in each year, prepare and submit to the Minister a report on the activities and administration of the Centre during the preceding year and shall include in the report a copy of the audited accounts of the Centre for the year and the auditor’s report on the accounts.

Investments.

20.(1) The Centre may, subject to the provisions of this Act and the conditions of any trust created in respect of any property, invest any of its funds in any security as may be recommended by the Board and approved by the Minister.

(2) The Centre is exempted from the payment of income tax on any incomes derived by it under this Act or accruing to it from any investment.

(3) The Centre is exempted from payment of custom excise ad duties for health commodities (medicines, equipment, etc) for the purpose of public health events and disasters.

PART VI – NATIONAL ADVISORY COUNCIL

Establishment of the National Advisory Council.

21.(1) There is established for the Centre the National Advisory Council.

(2) The National Advisory Council shall consist of nine members with requisite expertise in public health and social science and shall be appointed by the Minister.

(3) The Council shall be chaired by a public health professional.

Functions of the National Advisory Council.

The National Advisory Council shall:

(a) provide high quality scientific and technical advice and guidance to the Centre and assist in its mentoring;

(b) advise on community engagement as it relates to the activities of the Centre;

(d) support resource mobilisation activities of the Centre.

PART VII – MISCELLANEOUS

Promise and offices.

For the purpose of providing office premises necessary for the performance of its functions, the Centre may, subject to the Land Use Act:

(a) purchase or take on lease any land, building or property;

(b) build, equip and maintain offices and premises; or

(c) let, sell or lease out any office or premises held by it, which is no longer required for the performance of its functions under this Act.

Power of the Minister to give directives.

Subject to the provisions of this Act, the Minister may give the Board such directives of a general or special nature relating to the performance by the Centre of any or all of its functions under this Act, and the Board shall comply with such directives.

Regulations.

The Centre may, with the approval of the Minister, make regulations and issue guidelines generally for the purpose of giving effect to the provisions of this Act.

Legal proceedings.

26.(1) No suit shall be commenced against the Centre before the expiration of a period of one month after written notice of intention to commence the suit has been served upon the Centre by the intending plaintiff or his agent and the notice shall clearly state the:

(a) cause of action;

(b) particulars of the claim;

(2) The notice referred to in subsection (1) and any summons or other document required or authorised to be serve upon the Centre under this Act or any other enactment or law may be served by:

(a) delivering it to the Director General; and

(b) sending it by registered post addresses to the Director-General at the Head Office of the Centre.

(3) In any action or suit against the Centre, no execution or attachment process in that nature shall be issued against the Centre without the consent of the Attorney-General of the Federation.

(4) Notwithstanding the provision of subsection (3), any sum of money which may, be the judgment of the court be award against the Centre, shall, subject to any direction given by the Centre, be aid from the general reserve of the Centre.

Interpretation.

In this Act:

“Board” means the Governing Board of the Centre;

“function” includes duties and powers;

“Member” means a member of the Governing Board and includes the Chairman;

“Minister” means the Minister charge with the responsibility for health;

“Ministry” means the Ministry charged with the responbility for health matter; and

“President” means the President of the Federal Republic of Nigeria.

Citation.

This Act may be cited as the Nigeria Centre for Disease Control and Prevention (Establishment) Act, 2018.

Schedule section 5 (3)

SUPPLEMENTARY PROVISIONS RELATING TO THE BOARD

Proceedings of the Board

Subject to this Act and section 27 of the Interpretation Act, the Board may regulate its proceedings and make standing orders with respect to the holding of its meetings, and those of its committees, notices to be given, the keeping of minutes of its proceedings, the custody and production for inspection of such minutes and such other matters as the Board may determine.
There shall be at least four meetings of the Board in evry calendar year but the Board shall meet whenever it is convened by the Chairman, and if the Chairman is requested to do so by notice given to him by not less than six other members, he shall convene a meeting of the Board to be held within 30 days from the date on which the notice was given.
Every meeting of the Board shall be presided over by the Chairman and, if he is unable to attend a particular meeting, the members present shall elect one of them to preside at the meeting.
The quorum of any meeting of the Board shall be the Chairman (or in an appropriate case, the person presiding under paragraph 2) and six other members.
A question put before the Board at a meeting shall be decided by consensus and where this is not possible, by a majority of the votes members present and voting.
The Chairman shall, in the case of an equality of votes, have a casting vote.
Where the Board seeks the advice of any person on a particular matter, the Board may invite that person to attend for such period as it deems fit, but the person is not entitled to vote at any meeting of the Board and does not count towards the quorum.