NASARAWA AGRICULTURAL DEVELOPMENT PROGRAMME EDICT 1997

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ARRANGEMENT

Title and commencement
Interpretation
Establishment of the Programme
Constitution of the Programme
Establishment of management unit
Co-opted members
Further provision with respect to the Executive Committee
Power to give directions
Objective and functions
Funds and resources of the programme
Borrowing powers of the Programme
Guarantee of borrowing by Government
Application of sums received by the Government
Power to invest
Expenditure of Programme funds
Accounts
Audit
Annual report and estimate
Special provision for external loans
Preliminary investigation required by the programme
Notice of intention to enter land
Compensation for damage
Compulsory acquisition of land
Programme Manager
Appointment of Heads of Departments to the Programme
Power to engage staff etc
Secondment, transfer and attachment of employees
Power to make regulations with respect to the appointment of its staff
Power to make rules relating to retirement benefits
Performance of function by officers etc.
Power to enter into contract
Service of notice
Legal proceedings against the programme
Representation of the Project

NASARAWA AGRICULTURAL DEVELOPMENT PROGRAMME LAW

NASARAWA STATE OF NIGERIA

EDICT NO………………………………..OF 1997

COMMENCEMENT (……………………………………………………………….)

THE MILITARY ADMINISTRATOR OF NASARAWA STATE OF NIGERIA hereby makes the following Edict:-

Title and commencement

This Edict may be cited as the Nasarawa Agricultural Development Programme Edict, 1997 and shall be deemed to have come into operation on 1st day of October, 1996.

Interpretation

In this Edict, unless the context otherwise requires –

“Chairman” means the Chairman of the Executive Committee;

“Executive Committee” means the Agricultural Development Programme Executive Committee established under Section 4 of this Edict;

“the Government” means the Government of the State.

“Member” means the member of the Executive Committee and includes the Chairman or their representatives at a meeting;

“Military Administrator” means the Military Administrator of the State;

“Programme” means Nasarawa Agricultural Development Programme established under Section 3 of this Edict;

“State” means the Nasarawa State of Nigeria.

PART II – ESTABLISHMENT, FUNCTION, CONSTITUTION AND POWERS OF THE PROGRAMME

Establishment of the Programme

There is hereby established for the State a body called the Nasarawa Agricultural Development Programme which shall be a body corporate with perpetual succession and a common seal, and with power to sue and be sued in its corporate name, and to acquire, hold and dispose of movable and immovable property.

Constitution of the Programme

(1) There is hereby established a committee called the Agricultural Development Programme Executive Committee which shall consist of:

(a) the Commissioner of Ministry of Agriculture, Water Resources and Rural Development as the Chairman;

(b) the Commissioner of Local Government and Community Development;

(d) the Commissioner of Works, Housing and Transport;

(e) the Commissioner of Commerce and Industries;

(f) the Secretary to the State Government;

(g) the Director of the Federal Department of Agriculture and Rural Development;

(h) the Head of Federal Agricultural Co-ordinating Unit;

(i) the General Manager of Lower Benue River Basin and Rural Development Authority; and

(j) Programme Manager as the Secretary.

(2) The functions of the Committee established under this Section shall be:

(a) to deal with policy, financial and co-ordinating matters relating to the Programme;

(b) to approve the annual budget and work plans;

(d) to approve of appointments, promotion and disciplinary measure of senior staff and, of award of contracts estimated to cost more than five hundred thousand naira.

Establishment of management unit

(1) There is hereby established a unit to be known as the Agricultural Development Programme Management Unit composed of:-

(a) the Programme Manager as the Head of the Unit;

(b) the Director of Finance and Supplies;

(d) the Director of Commercial Services;

(e) the Director of Planning, Monitoring and Evaluation;

(f) the Director of Engineering Services;

(g) the Zonal Programme Managers; and

(i) the Director, Personnel and Human Resources Development as the Secretary.

(2) The Management unit established under this Section shall be primarily concerned with the execution of the Programme activities in particular:-

a) the implementation of agricultural development projects within the State;
b) the preparation of work plans annual budgets and cash flows approved by the Executive committee;
c) recruitment, promotion and discipline of the Programme staff on salary levels 08 and below;
d) procurement processes and contract awards;
e) the opening and operation of the Programme Bank accounts;
f) Preparation of reimbursement claims against programme expenditures for submission to the Federal Government or the World Bank where and when the Programme is being funded by the Federal Government and the World Bank under an agreement.

Co-opted members

Where on any special occasion, the Executive Committee desires to obtain the advice of any person upon any matter, the Chairman may co-opt such person to be a member of such meeting or meetings as may be required, and such person shall, when so co-opted, have all the rights and privileges of a member, save that be shall not be entitled to vote upon any question.

Further provision with respect to the Executive Committee

Schedule

The constitution and proceedings of the Executive shall be regulated in accordance with the provisions of the Schedule hereto.

Power to give directions

(1) The Military Administrator may give to the Executive Committee directions of a general or specific character as to the exercise and performances of their functions, and the Executive Committee shall give effect to such directions.

Objective and functions

(1) The objective of the Programme is to support increased agricultural production in the State and to raise the living standards of the rural population.

(2) The functions of the Programme shall be:

a) to construct roads, water supply and other rural infrastructural schemes associated with agricultural development;
b) to develop and manage seed multiplication farms;
c) to provide appropriate training for Project staff and farmers;
d) to provide village service centres and stores;
e) to provide extension, credit and marketing services to farmers;
f) to procure and sell farm inputs;
g) to conduct on farm adaptive research; and promote suitable improved technology covering crops, livestock, fisheries and agro-forestry for adoption by farmers;
h) to do any other thing necessary for the attainment of the objective of the Programme or incidental to the powers and functions of the programme, or any other activity as may be assigned by the Military Administrator or the Executive Committee.

Funds and resources of the programme

(1) The funds and resources of the Programme shall consist of:

(a) such monies as may from time to time be lent or granted to the programme by the Government of the State;

(b) such monies as may from time to time be lent or granted to the Programme by the federal Government of Nigeria;

(c) such monies or other property whatsoever as may from time to time be advanced by way of donations or gifts to the Programme directly or otherwise by any local authority, local government or statutory body in the State, any other government in Nigeria or any agency or institution of such Government, any international organization or any person whatsoever;

(d) all property and investments acquired by or vested in the programme, including all monies paid in respect of the purchase of stock and stores of the Programme and monies earned arising there from;

(e) all monies (whether fees, rates or charges or otherwise) or other property whatsoever which may in any manner become payable to or be vested in the Programme in respect of its powers and duties or of any matter incidental to its powers and duties or of any matter incidental thereto under this Edict or by virtue of the provisions of any law;

(f) any property which may from time to time received by the Programme or falling due to it;

(g) such monies as may from time to time be lent or granted to the Programme by any person.

(2) The Programme shall apply such funds as provided in subsection (1) of this section in accordance with this Edict and with the terms or conditions upon which such monies may be obtained, given or derived or upon such conditions as may be attached to its appropriation.

Borrowing powers of the Programme

(1) The Programme may, with the consent of the Military Administrator borrow, whether by way of mortgage or otherwise, and in such terms and conditions as the project, with the consent as aforesaid, such sums of money as may be required in the exercise of its functions under this Edict or any other written law.

(2) There may be attached to any consent to borrow under subsection (1) a condition that such money shall be utilized for a specific purpose or purposes.

(3) A person lending money to the Programme shall not be bound to enquire whether the borrowing of money is within the power of the Programme;

Guarantee of borrowing by Government

(1) The government may, by the undertaking of the State Commissioner for Finance in such manner and on such conditions as he may think fit, guarantee the repayment of the principal and the interest of any borrowings of the Programme under and in accordance with section 13 of this Edict and any such sum required for the fulfillment of any such guarantee shall be charged on and issued out of the Consolidated Revenue Fund of the State and shall be a statutory expenditure.

(2) As soon as practicable, after entering into any guarantee of the borrowing by the Programme, the State Commissioner for Finance shall lay a statement before the Executive Council of the State setting out the particulars of such guarantee, provided that no failure by the State Commissioner for Finance to lay such statement before the State Executive Council shall in any way invalidate a guarantee made under subsection (1).

Application of sums received by the Government

All sums received by the Programme shall be credited to the funds of the Programme.

Power to invest

The programme may, from time to time, invest monies standing to its credit, and not for the time being required for the purpose of its functions, in securities approved either generally or specifically by the Military Administrator and may from time to time vary or sell such investments.

Expenditure of Programme funds

(1) The Programme may apply funds at its disposal to its own expenses including the remuneration and expenses of its members in respect of their duties as members and the payment of salaries, allowances, pensions, gratuities and retiring benefits of its officers and servants.

(2) The Programme may incur expenditure necessary for or incidental to the carrying out of any functions or power conferred upon it under this Edict.

Accounts

The Programme shall keep proper accounts and maintain proper records in relation thereto and shall prepare in respect of each year an income and expenditure account and a balance sheet.

Audit

(1) The accounts of the Programme for each year shall be audited within six months or such longer period as the Military Administrator may in any particular case direct after the end of that year and shall be the subject of a report by the auditor appointed under subsection (2).

(2) The said annual statement of accounts shall be audited by an auditor or auditors to be appointed annually by the Executive Committee from a list of qualified Auditors provided by the Auditor General of the State, and the Programme shall pay to the auditor or auditors such remuneration as may be fixed by the Executive Committee as per guidelines from the Auditor General.

(3) As soon as the accounts of the programme have been audited as provided by subsection (1) above and approved by the Executive Committee, the Programme shall send to the Military Administrator and the Auditor General, a copy of the income and expenditure account and the balance sheet together with the report of the auditor or auditors on the activities of the programme and the Programme’s response thereto.

Annual report and estimate

(1) Not later than 3 months after the end of each financial year the programme shall forward to the Military Administrator a full report on the exercise and performance of its functions during that year;

(2) Every annual report made by the programme under subsection (1) above, shall contain particulars of all directions given under this Edict by the Military Administrator to the Programme during each financial year.

(3) The Military Administrator shall lay a copy of every such annual report, statement of accounts and auditors’ report before the Executive Council of the State.

Special provision for external loans

Where and whenever the programme or the Government of Nasarawa State shall enter into a loan agreement with the Federal Government of Nigeria, the World Bank, International Fund for Agricultural Development or any other external body for the purpose of funding the programme all the provisions under part III and V of this Edict shall be read and applied with necessary modifications as to conform with the terms of the loan agreement.

PART V – POWERS IN RELATION TO LAND

Preliminary investigation required by the programme

(1) Whenever it appears to the Programme that any land in the State is likely to be needed for the purpose of carrying out its functions and powers set out under Edict, the Programme may, by its servants or agents together with all necessary workmen, enter upon any such land and –

(a) (i) Survey the land;

(ii) dig or bore under the subsoil;

(iii) do all other acts necessary to ascertain whether the land is suitable for such purposes;

(b) Clear; mark and set out the boundaries of the land in respect of which it is proposed to make an application under subsection (1) of Section 28 below: Provided that no such agent or workmen shall enter any building or upon any enclosed court or garden attached to dwelling house (except at least seven days notice of the intended entry has been given to the occupier);

(c) Construct, place, maintain, examine, repair, alter or remove any installations belong to the Programme or all such trees and under wood as may interfere or to be likely to interfere with the construction or proper working of any installations.

(2) Save as otherwise specially provided by Section 28, the Programme shall, when practicable, give notice to the occupier of any land on which it is intended to enter.

(3) For all or any of the purpose aforesaid, such officers, agent, workmen or other servants may remain on any such land for such reasonable time as may be necessary.

(4) Any installations placed across, over or under any road shall be placed so as not to interfere with the passage along such road, and the Programme shall make good any road opened or broken up for the purpose referred to in subsection (1).

(5) As soon as convenient may be, after an entry made upon subsection (1) above, the Programme shall pay compensation for any damage arising out of the exercise of any power conferred by that subsection.

(6) In the case of any dispute as to the amount of any compensation payable under this Section, the amount may be determined in accordance with the provisions of the Land Use Act, 1978 and existing policy directives.

Notice of intention to enter land

(1) Before constructing any installations across any land or attaching any fixture to any building, the programme shall, when practicable, serve on the occupier of such land or building such notice as is preferred to in subsection (2) of section 25 which notice shall be in writing giving a description of the nature of the line or fixture and the manner in which it is intended to be constructed or attached.

(2) If within thirty days after the service of such notice the occupier fails to lodge an objection with the programme in writing to the work specified in the notice, the Programme may proceed with that work.

(3) If the owner of any land or building across or on which an installation of fixture has been instructed or attached requires the position of such installation to be altered, the Programme may alter the position subject to such conditions as it may deem fit.

Compensation for damage

In the exercise of the powers conferred by Section 25, the Programme, its officers and servants shall do as little damages as may be feasible and the Programme shall pay compensation for any damage done to any buildings, crops or economic trees.

Compulsory acquisition of land

(1) Whenever there is a need for an acquisition by the Programme ofany land required for the purposes of carrying out its function and powers as set out in this Edict, the State Commissioner for Lands or any person authorised by the Military Administrator may, upon the application of the Programme and after such enquiry as he may think fit, declare that Land is required for a public purpose for the service of the programme.

(2) Upon such declaration being made the land to which it relates shall be deemed to be required for public purposes within the State and within the meaning of the Land Use Act, 1978 and the Military Administrator may cause action to be taken under the Land Use Act, for acquiring the land for the Government.

(3) The compensation, if payable under the Land Use Act, 1978 for the acquisition of any land under this Section shall be paid by the programme.

PART VI – MISCELLANEOLUS

Programme Manager

(1) The Military Administrator through the Executive Committee shall appoint a fit and proper person as the Programme Manager upon such terms and conditions as to remuneration or otherwise as the Military Administrator may determine and the Programme Manager shall also be the Secretary of the Executive Committee as stipulated in Section 4 (1) of this Edict.

(2) The Programme Manager shall be the Chief Executive of the Programme and shall attend all the meetings of the Executive Committee and has the ultimate responsibility for carrying out the policies and decisions of the Programme in accordance with the provisions of this Edict.

Appointment of Heads of Departments to the Programme

The Executive Committee shall appoint suitable persons as heads of divisions or departments or units of the programme and all officers on salary Grade Levels 09 and above, on terms and conditions as the Executive Committee may deem fit.

Power to engage staff etc

(1) Subject to the provisions of this section the Programme shall have power to appoint and exercise disciplinary control over any of its officers, servant or agents for the due discharge of its functions under this Edict, and to determine their terms and conditions of service as to remuneration or otherwise.

(2) The Management Unit appointed under Section 5 of this Edict shall be charged with the responsibility of making appointments, promotions and disciplinary control over all the officers of the Programme, earning salary from grade level 01 to 08.

(3) The Programme, subject to directives from the Military Administrator, shall have power to grant pension, gratuities, or retiring allowances to its officers or servants and may require officers and servants to contribute to any pension contributory scheme.

Secondment, transfer and attachment of employees

The Programme may employ on secondment, transfer, posting, attachment or contract such officers of the public service of the State or in the State or in the service of any other State, Local Government, or Federal Government of Nigeria as may, with the agreement of such officer concerned in accordance with the procedure applicable to secondment, transfer, attachment and contract of such officers.

Power to make regulations with respect to the appointment of its staff

The Programme may with the approval of the Military Government subject to the provisions of this Edict, make regulations with respect to the appointment, promotion, transfer, attachment and dismissal of and exercise of disciplinary control over its employees, and without prejudice to the generality of the foregoing provisions, make regulations for any of the following matters:

(a) The qualifications to be required for any appointment;

(b) The method of appointment (including probation and confirmation);

(d) The terms and conditions of service including dismissal and termination of appointment of its employees;

(e) the procedure and requirements for promotion;

(f) the maintenance of discipline including dismissal and the termination of appointment;

(g) the transfer of employees between the Programme and the Government, the Government of any other State, Local Government or the Federal Government of Nigeria, or any other statutory body;

(h) such matters relating to departmental procedure and duties and responsibilities of employees as the programme considers can be best provided for by regulations.

Power to make rules relating to retirement benefits

The Programme may, with the approval of the Military Administrator, make rules, with respect to its employees, for:

(a) the pensions, gratuities and retirement allowances to be granted to pensionable employees of the Programme and their dependants;

(b) the gratuities and retirement allowances to be granted to non-pensionable employees of the Programme and their dependants;

Performance of function by officers etc.

The Programme may perform any of its functions through or by any of its officers, servants or agents duly authorized by it in that behalf.

Power to enter into contract

(1) The Programme may enter into such contracts as may be necessary or expedient for the carrying out of its functions under this Edict.

(2) Any contract or instrument which, if entered into or executed by a person not being a body corporate would not require to be under seal may be entered into or executed on behalf of the Programme by any person generally or specially authorized by Executive Committee for that purpose.

(3) Any document purporting to be a document duly executed or issued under the seal of the Programme shall, unless the contrary is proved, be deemed to be a document so executed or issued as the case may be.

Service of notice

Service upon the project of any notice, order or other documents may be effected by delivering it or sending it by registered post addressed to the Programme Manager at its Head Office in Lafia.

Legal proceedings against the programme

No suit shall be commenced against the Programme until one month, at least, after written notice of intention to commence the same shall have been served on the Programme by the intending Plaintiff or his agent and such notice shall clearly and explicitly state the cause of action, the particulars of the claims, the name and place of abode of the intending plaintiff and the relief which he claims.

Representation of the Project

(1) In any suit by or against the Programme, the programme may be represented in court at any stage of the proceedings by –

(a) a legal practitioner or

(b) a servant of the project authorised in that behalf by the Programme Manager.

(2) In this section, “suit” includes any action or any civil proceedings commenced by a writ of summons or by such other manner as may be prescribed by rule or court, but does not include criminal proceedings.

SCHEDULE

Meeting and proceedings

(1) The Executive Committee shall hold such and so many meetings Section 7 as may be necessary for the fulfillment of its functions, so however, that it shall hold at least four meetings in a year.

(2) At a meeting of the Executive Committee:

(a) The Chairman shall, if present, be Chairman of the meeting;

(b) If and so long as the Chairman is not present or if the Office of the Chairman is vacant the members who are present shall choose one of their members to be the Chairman of the meeting.

(3) Every question at a meeting of the Executive Committee shall be determined by a majority of the votes of the members present and voting on the question, and in the case of any equal division of votes, the Chairman of the meeting shall have a second or casting vote.

(4) The Executive Committee shall meet notwithstanding one or more vacancies among its members.

(5) Any three members of the Executive Committee may by notice in writing signed by them request the Chairman to call a special meeting of the Executive Committee for the purposes set out in

Quorum

A quorum at a meeting of the Project shall be three fifth of the number of the members, with the presence of at least one representative from the Federal Government. A fraction of the quorum required shall be deemed to be a full number.

Seal of the Project

(1) The programme shall, as soon as may be after the establishment, provide a common seal.

(2) The common seal of the Programme shall be authenticated by the signature of the Chairman or some other members of the Executive Committee or one or more officers of the Programme authorized by the Executive Committee to act in that behalf, subject to such conditions as the Committee may deem fit.

(3) Judicial notice shall be taken of the common seal of the Programme and every document purporting to be an instrument made by the Programme and to be authenticated in accordance with Section 3(2) of this Schedule shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.

Standing order

Subject to the provisions of this Edict, the Executive Committee may regulate its own proceedings and may make a standing order for that purpose.

Validation of acts and proceedings

No act or other proceedings of the Executive Committee shall be invalid by reason only that:

(a) there is some defect in the appointment of any person purporting to be a member of the

Delegation of powers

The Executive Committee may delegate to the Chairman or a staff of the Programme the affairs of the Programme, except the powers to –
a) approve or commit any development or capital loan.
b) make a standing order; or
c) do any act involving extraordinary expenditure.

DATED at Lafia this 10th day of December 1997

WING COMMANDER IBRAHIM ABDULLAHI
MILITARY ADMINISTRATOR
NASARAWA STATE OF NIGERIA

EXPLANATORY NOTE

(This note does not form part of this Edict and has no legal effect).

The purpose of the Edict is to establish the Nasarawa Agricultural Development Programme with Executive Committee and Management Unit as the controlling organs of the Programme.

The Powers and duties of the Programme are spelt out in Part II.

Part III contains provisions enabling the Programme to borrow with the consent of the Military Administrator, money required in the exercise of its functions under this Edict.

Part IV provides for the keeping of the Programme’s accounts and audit.

Part V contain provision enabling the programme to acquire land for the purpose of carrying out its functions under this Edict.

Part VI vests in the Military Administrator the Power to appoint the Programme Manager. This part also contains provisions for the appointment of the staff and for some other miscellaneous matters.

This printed impression has been carefully compared by me with the Bill, which has been passed by the Nasarawa State House of Assembly and is found by me to be a true and correct copy of the Bill.

Find other laws of Nasarawa State, Nigeria HERE