RECORDS AND ARCHIVES LAW OF LAGOS STATE

DOWNLOAD OF A COPY OF THIS LAW IS AVAILABLE [N1,500 (PDF) AND N3000 (WORD)] CLICK HERE FOR ONLINE PAYMENT OR TRANSFER TO TREE & TREES, 0013401871, GTBANK. ALL THE LAWS OF LAGOS STATE IS ALSO AVAILABLE AS A COMPENDIUM. EMAIL: lawnigeria@gmail.com or info@gmail.com or Text/WhatsApp +23407067102097

LIST OF LAWS OF LAGOS, [ALPHABETICAL]  
A- C G – K M – I R – T
D – F L – L P – P U – Z

RECORDS AND ARCHIVES LAW

ARRANGEMENT OF SECTIONS

1.       Establishment of the Records and Archives Bureau

2.       Functions of the Bureau

3.       Establishment of the Records and Archives Advisory Board

4.       Proceedings and meetings

5.       Membership of the Advisory Board

6.       Tenure of office

7.       Functions of the Advisory Board

8.       Director-General of the Bureau

9.       Functions of the Director General

10.     Duties of the Director

11.     Public records

12.     Responsibility of heads of public office of records

13.     Responsibility for local records

14.     Places of deposit

15.     Commissioner on the advice of the Director-General and the Advisory Board

16.     Regulations

17.     Transitional provisions for records and archives

18.     Deferment of transfer

19.     Inheritance of public records

20.     Interpretation

21.     Citation and Commencement

SCHEDULE

RECORDS AND ARCHIVES LAW

A LAW TO PROVIDE FOR THE ESTABLISHMENT OF THE LAGOS STATE RECORDS AND ARCHIVES BUREAU AND FOR CONNECTED PURPOSES

[Commencement]                                                                              [18th May, 2007]

[Commencement]                                                                              [18th May, 2007]

1.      Establishment of the Records and Archives Bureau

(1)     There is established the Lagos State Records and Archives Bureau (referred to in this Law as “the Bureau”).

(2)     The Bureau will be responsible to the Commissioner, who will be advised by the Records and Archives Board (referred to in this Law as “the Advisory Board”).

(3)     The Bureau is a body corporate with perpetual succession and a common seal.

(4)     The Bureau can sue and be sued in its corporate name.

(5)     The Bureau may have such number of branches or repositories as may be necessary.

2.      Functions of the Bureau

The Bureau will-

(1)     ensure that public offices follow standard record keeping practices;

(2)     establish standards and advise on best practices on records and archives management in the State;

(3)     establish and implement procedures for the control and management of public records of enduring value;

(4)     establish and implement procedures for the transfer of public records of enduring value, for preservation and management in the State archives or such archival repository as may be established under this Law;

(5)     undertake research and disseminate knowledge on the preservation and management of public, private and historical records;

(6)     preserve, manage and make available for consultation, public records selected for preservation or kept in its custody and care at the State Archives or any other archival repository under the control of the Director-General;

(7)     be responsible for the permanent custody, regulation and control of all archives of the State such other archives or historical records of entities operating within or outside the State as may be acquired by the State.

3.      Establishment of the Records and Archives Advisory Board

There will be established a State Records and Archives Advisory Board (referred to in this Law as the “Advisory Board”) whose members will be appointed by the State Governor on the advice of the Commissioner.

4.       Proceedings and Meetings

(1)     The Advisory Board will meet as it considers necessary, but not less than twice a year, and will regulate its own proceedings.

(2)     Every meeting of the Board will be presided over by the Chairman or any other person appointed by the members present at the meeting.

(3)     The quorum for a meeting of the Advisory Board will consist of the person presiding over the meeting and four (4) members.

5.      Membership of the Advisory Board

(1)     The Advisory Board will consist of-

(a)     the Chairman who shall be a retired Permanent Secretary or a media practitioner who is versed in records and archives;

(b)     a representative of the Head of Service;

(c)     a representative each of the following ministries-

(i)      Finance;

(ii)     Justice;

(iii)    Local Government and Chieftaincy Affairs;

(iv)    Economic Planning and Budget;

(v)     Science and Technology.

(d)     a representative of the Organised Private Sector;

(e)     two (2) representative of Professional Archivist or Records Administrators; and

(f)      the Director-General of Records and Archives;

(2)     These representatives must be of management cadre and must not be lower than salary Grade Level 13 officers.

6.      Tenure of office

The Chairman and members of the Advisory Board will be appointed on part-time basis and will hold office for a term of three (3) years from the date of their inauguration.

7.      Functions of the Advisory Board

(1)     The Advisory Board will be responsible for—

(a)     advising the Commissioner on matters relating to the preservation and management of public records and archives of Lagos State;

(b)     advising and assisting the Director-General of Records and Archives on how to achieve the Bureau’s objectives and goals; and

(c)     furthering the cause of public records and archives or such other related information and documentation of matters as may be incidental to the Bureau’s objectives under the Commissioner’s directives.

(2)     The Bureau will operate as the Secretariat of the Advisory Board.

(3)     Members of the Advisory Board will be paid such allowances as may be determined by the Governor.

8.      Director-General of the Bureau

(1)     There will be a Director-General of the Lagos State Records and Archives Bureau referred to in section 5 of this Law.

(2)     The Director-General will be responsible for-

(a)     implementing the general policy of the Board on records and archives management;

(b)     the overall coordination and management of the day-to-day activities of the Bureau pursuant to this Law;

(c)     the promotion and advancement of records and archives content and practice; and

(d)     such other matters as this Law may specifically assign, or incidental to the achievement of the objectives of this Law or as the Commissioner may direct.

(3)     Within three (3) months after the expiration of each fiscal year, the Director-General will submit to the Commissioner a report on the activities of the Bureau during the preceding year, which shall be published.

(4)     The Director-General and any person(s) authorised to act in that behalf or on directives, including persons who normally have access to the public records, will have access to such public records which are prohibited or classified as confidential or secret.

(5)     The Director-General or any person authorised will have access to information contained in records which are not confidential or secret and will be the responsibility of any public officer in whose custody the records are kept.

9.      Functions of the Director-General

(1)     The Director-General will be responsible for overseeing record-keeping practices within public offices-

(a)     providing professional assistance, advice and guidance on the establishment and management of filing and registering system;

(b)     establishing and ensuring compliance with standards for the management of public records;

(c)     making arrangements for necessary training of records’ staff in public offices;

(d)     drawing up general retention and disposal schedules for approval by the Commissioner and such schedules will be sufficient authority for taking the action specified at the due date;

(e)     drawing up retention and disposal schedules relating to records specified to each of such office for approval of the Commissioner, such schedules shall be sufficient authority for taking the action specified at the due date;

(f)      ensuring that the provisions of retention and disposal schedules are implemented; and

(g)     authorising the disposal of public records other than the ones as provided for by the retention and disposal schedules.

(2)     The Director-General will have custody of semi-current records, which have been scheduled for further retention and will—

(a)     maintain such records within the record centre and provide-

(i)      separate and secure storage accommodation for the safekeeping of such semi-current records which are classified as confidential or secret,

(ii)     facilities for the consultation of semi-current records by duly authorised officers of relevant public office;

(b)     provide forward semi-current records temporarily from the Bureau to relevant public office;

(c)     be responsible for the implementation and disposal schedules in respect of semi-current records in the Bureau;

(d)     appraise and dispose appropriately semi-current records which are in the Bureau and are not covered by retention and disposal schedule;

(e)     arrange for the transfer of records of enduring value to the Bureau or to such other place of deposit as may be appropriate under the provisions of Section 13 of this Law not later than fifteen (15) years from the date of its creation.

10.    Duties of the Director

(1)     The Director will be responsible for the preservation of all of the public records of enduring value except, where transfer may have been deferred under the provisions of Section 12(d) of this Law or which are kept in a place of deposit appointed under Section 14 of this Law and in particular—

(a)     take charge of the State archives;

(b)     provide suitable conditions for the preservation and consultation in any other archival repositories;

(c)     arrange and describe those holdings and provide appropriate guides, lists, indexes and other finding aids to facilitate access to records;

(d)     ensure availability of reasonable facilities to the public for inspecting and obtaining copies of public records in the State Archives or any other archival repository under the control of the Director where such records are open to inspection under the provisions of this Law;

(e)     ensure that reasonable facilities are available to duly authorised officers of the public office or its successor in function for inspecting and obtaining copies of public records, the State archives or any other archival repository under the control of the Director.

11.    Public records

Heads of public office will be responsible for creating and maintaining adequate documentation of the functions and activities of their respective public office through the maintenance of good record-keeping practices, including-

(a)     creating and managing current records, with appropriate filing and registry system;

(b)     maintaining of a department or local records centre for the management of semi-current records;

(c)     implementing, retention and disposal of schedules issued in accordance with the provisions of Section 10(d) of this Law;

(d)     transferring semi-current records to the office of the Director-General except where such records are classified as confidential or secret on grounds of—

(i)      State security,

(ii)     maintenance of public order,

(iii)    safeguarding the State revenue, or

(iv)    protection of personal privacy:

Provided the deferment of such transfer has been approved by the Commissioner to a further specified date.

12.    Responsibility of heads of public office of records

(1)     Heads of public offices will co-operate with the Director-General in the management of semi-current records and in particular, for-

(a)     maintaining the integrity of all semi-current records returned temporarily under Section 11(b) of this Law;

(b)     approving access by third parties, other than authorised personnel of the Bureau and of public offices or as provided under the provisions of this Law, to semi-current records in the custody of the Director;

(c)     maintaining semi-current records which has been deferred under the provisions of Section 11(d) of this Law in compliance with conditions provided by the Director-General of records centre under the Bureau’s control;

(d)     implementing retention and disposal schedules relating to semi-current records which has been deferred under the provisions of Section 11(d) of this Law and transferring records of enduring value to the Director-General or to such other place of deposit as may be appropriate under Section 14 of this Law not later than twenty (20) years from their creation,  except where further deferment has been approved by regulation made in accordance with this Law to a specified date.

(2)     The Director-General may do such things that may be deemed necessary or expedient for the maintenance of the utility of the State Archives and any other archival repository under the Bureau’s control, and may-

(a)     prepare publications, and other materials or objects related to the public records;

(b)     prescribe rules to be observed by those wishing to consult public records in the State Archives or any other archival repository under his control;

(c)     arrange exhibitions and lend public records for exhibitions elsewhere subject to conditions which may be specified, except that loans outside Lagos State may not be made without the prior written consent of the Commissioner on the advice of the Advisory Board;

(d)     dispose of public records in their custody that are not of enduring value, subject to the consent of the Commissioner and the advice of the Advisory Board;

(e)     accept private records for safe-keeping and acquire private records by gifts, purchase request or deposit;

(f)      enter into agreement with other institutions for the joint management of conservation and heritage restoration, reprographic or other technical facilities.

13.    Responsibility for local records

(1)     The Director-General must establish branch offices of the Bureau in each of the Local Government Areas or Administrative Divisions of Lagos State.

(2)     The head of each such branch office will be responsible to the Director-General for the implementation of the general policy of public records in the Local Government Area/Divisions of Lagos State, which such branch office serves.

(3)     In respect of public records created, received and maintained in public offices in the division, the responsibilities set out under Sections 11 and 9 of this Law will be that of the heads of such public offices and the responsibilities set out under Sections 12, 11 and 10 will be that of the head of the branch office of the Bureau.

(4)     Records centres and archival repositories established in the Local Government Areas/Divisions of the State will be regarded as being under the control of the Director-General of the Bureau and the public records as being in the Director-General’s custody for the purposes of this Law.

(5)     Where there is no archival repository within the Local Government Areas/Divisions of Lagos State served by a branch office of the Bureau, the Director may direct the transfer of archives to the State Archives or to any other archival repository under the control of the Bureau until such time as an archival repository to serve those Local Government Areas/Divisions of Lagos State is established.

14.    Places of deposit

(1)     Where it appears to the Commissioner on the advice of the Advisory Board that a place other than the State Archives or another archival repository under the control of the Director-General-

(a)     affords suitable facilities for the safe-keeping and preservation of public records of permanent value and for their consultation by the public; and

(b)     is adequately and independently funded for those purposes, the Commissioner may appoint it as a place of deposit for specified public records.

(2)     Before the Commissioner makes such an appointment, the Director-General will inspect the proposed place of deposit and report to the Commissioner and the Advisory Board on its suitability.

(3)     The Authority responsible for the public records in a place of deposit will prepare findings aids to those records and submit copies to the Director-General.

(4)     If a place of deposit fails to maintain suitable facilities or to submit copies of its finding aids or ceases to be adequately funded, the Director on the advice of the Advisory Board and the approval of the Commissioner may revoke its appointment.

15.    Commissioner on the advice of the Director-General and the Advisory Board

(1)     Subject to any written law prohibiting or limiting the disclosure of information in any private or public records in the State Archives, or in any other archival repository under the control of the Director-General or in a place of deposit appointed under Section 13 of this Law shall be available for public inspection after the expiration of a period of twenty-five (25) years from the date of their creation.

(2)     For the purposes of this section, the Director-General may establish a register of private records and archives within the State Archives.

16.    Regulations

All regulations prescribed under this Law will be made by the Commissioner on the advice of the Director-General and the Advisory Board subject to the Regulations Approval Law.

17.    Transitional provisions for records and archives

Records or private repositories and other materials of informative relevance and heritage value to the State, which are in the custody of the Director-General of the National Archives or Private Repositories before the coming into operation of this Law are transferred to the custody of the Director-General of the State Records and Archives from the day this Law comes into operation.

18.    Deferment of transfer

The Director-General may defer the acceptance of transfers of semi-current records and archives into their custody if accommodation for them is not available or other arrangement for their reception cannot be made.

19.    Inheritance of public records

On the coming into force of this Law, the Bureau will inherit all non-current records regardless of physical form or characteristics in the custody of public officers in the State.

20.    Interpretation

Under this Law, unless the context otherwise refers—

“Advisory Board” means the Lagos State Records and Archives Advisory Board;

“archival repository” means a building or part of a building in which archives are preserved and made available for consultation;

“archives” means records of enduring value selected for permanent custody and preservation in an archival establishment;

“Commissioner” means the Commissioner with responsibility for records and archives;

“current records” means records regularly used for the conduct of the current business of a public office or individual;

“Non-current records” means records that have attained the thirty-year rule;

“Director-General” means the Head of the State Records and Archives Bureau who shall be an officer in the Lagos State Civil Service appointed in accordance with this Law;

“heads of public offices” means the heads of establishment or other persons responsible for directing or managing public offices or entities;

“Lagos State Records and Archives Bureau (LASRAB) Archives” means the central records centre and archival repository of the Lagos State Government and its Local Government Authority established under this Law and charged with the permanent custody, care and control of records and archives and their access to the public upon certain conditions;

“private records” means records other than public records as specified in the Schedule to this Law and it includes records of Non-Governmental (NGO) or other groupings of people, a family or chieftaincy or companies established under the Companies and Allied Matters Act and domiciled in, or operating from Lagos State;

“public office” means the records specified in the Schedule to this Law;

“records” means recorded information or documentary materials regardless of form or medium created, received and maintained by any institution or individual in the pursuance of its legal obligation or in transaction of its business and providing evidence of the performance of those obligations or that business;

“records centre” means a building designated for low-cost storage of and provision of official access to semi-current records pending their eventual disposal;

“retention and disposal schedule” means a document describing the recurring records of an institution or an administrative unit thereof, specifying which records should be preserved permanently as having enduring value as archives and authorising on a continuing basis and after the lapse of retention periods or the occurrence of specified actions or events, the disposal by destruction or other means of the remaining records;

“semi-current records” means records required frequently for the conduct of the assemblies of records on which no action has been recorded for five (5) years will be regarded as semi-current records.

21.    Citation and Commencement

This Law will be cited as the Records and Archives Law and will come into force on the 18th day of May 2007.

SCHEDULE

The following are public records—

1.       The records and archives of an official nature belonging to the Government of the old Lagos Colony and the successor of Lagos State, created, received and maintained-

(a)     in the offices of the Governor or Administrator of the State Executive Council;

(b)     by any ministry, department, commission, committee, Corporation, Council Board, Bureau, office or other body under the Government of Lagos State or Commissioner or any other officer or employee thereof;

(c)     by any person or entity representing the Government of Lagos State within or outside the country or any officer serving in such a post;

(d)     by any State formation or unit of the Armed Forces, Police Service or Federal Government establishment and any officer of such a formation or unit operating or domiciled within the State;

(e)     by the defunct Federal Parliament, House of Assembly or Electoral Commission or any committee or officer;

(f)      by the Supreme Court, Appeal Court, High Court or any other Court or Tribunal in jurisdiction in Lagos State or by any judge, magistrate or other officer of such a court;

(g)     by any Regional, Divisional, Municipal or Local Authority or Officer ;

(h)     by any Traditional Authority, Chieftaincy or Customary title holder.

READ MOREDOWNLOAD (PDF-N1500/WORD-2000)

LAWS OF LAGOS STATE

Alphabetical List 1999-2015 2015 Republication
By Subject Areas Latest Repealed

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA

By YearsBy AlphabetsBy Areas of Practice
The Constitution National Legislations Treaties of the Federation
State Laws State Court Rules Court Judgments
Food & Agriculture Energy & Environment Healthcare
Transport (Road, Rail, Air, Water) Education Housing & Infrastructure
Security & Law Enforcement Science & Technology Family, Youth & Child
Government & Elections Taxation & Revenue Economic & Commercial
MDA Regulations SON Standards Executive Orders
Nig. Nuclear Reg. Auth., NNRA NAFDAC NESREA
Dept of Pet. Res. DPR Securities & Exchange Comm., SEC NERC
Fed. Inland Rev. Service, FIRS Fed. Road Safety Corps., FRSC Central Bank of Nigeria, FBN
Nig. Communications Comm., NCC1 Nig. Broadcasting Comm., NBC Nig. Copyright Comm., NCC2
Bio-Chemical and Bio-Safety Service & Quality Other Standards

error: Our Content is protected!! Contact us to get the resources...

Subscribe To Our Newsletter

Subscribe!