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NASARAWA BROADCASTING SERVICE EDICT, 1998
EDICT No. 19 of 1998
ARRANGEMENT OF SECTIONS
PART II – ESTABLISHMENT, FUNCTION, CONSTITUTION AND POWER OF THE CORPORATION
PART III – FINANCIAL PROVISION
PART IV – ACCOUNTS AND REPORTS
PART V – POWERS IN RELATION TO LAND
PART VI – APPOINTMENT OF N.B.S MANAGEMENT
NASARAWA BROADCASTING SERVICE EDICT, 1998
THE MILITARY ADMINISTRATOR OF NASARAWA STATE OF NIGERIA hereby makes the following Edict
Title and commencement
“Broadcasting Services” means services by which matter is sent by wireless telegraphy for general reception either in sound or in visual images with sound;
“Chairman” means the Chairman of the Board of the Corporation;
“Commissioner” means the Nasarawa State Commissioner for Information;
“Corporation” means the Nasarawa Broadcasting Service established under Section 3 of this Edict;
“Distribution Services” means services by means of which matter received from radio and television stations, or other matter, is distributed to receiving station for general reception over wires or waves to the premises of subscribers;
“Installations” means aerials, mast, overhead wires, underground cables and fixed apparatus for wireless telegraphy and electrical generation, transmitters, microwave links and studio electronic equipment;
“The Government” means the Government of the State;
“Member” means the member of the Board including the Chairman;
“The Military Administrator” means the Military Administrator of Nasarawa State;
“Programme” means a radio or television programme broadcast under the authority of this Edict, and includes documentary, educational, entertainment, enlightenment, commercial advertising, special programme and news;
“Radio” means the transmission or receipt by wireless telegraphy of sound signals;
“Special Programme” means a programme for a class of interest to the public in general or a section or class of the public;
“Sponsored Programme” means matter provided at the expense of a sponsor, being a person other than the Corporation or its agents or the performers, for the purpose of being broadcast, and is the subject of a broadcast announcement mentioning the sponsor or his goods or services;
“The State” means Nasarawa State of Nigeria;
“Station” means a radio/television station for the transmission or receipt of sound or visual images with sound by means of wireless telegraphy;
“Television” means the transmission or receipt of wireless telegraphy of sound and visual images of objects in movement or at rest;
“Transmitting Station” means a station for the transmission by wireless telegraphy, of sound and of visua images or other matter;
“Wireless telegraphy” means a system of communication (including transmission and reception) by telegraphy, as defined in the Telegraphy Act, without the aid of any wire connecting the points from and at which the messages or other matter, including matter sent by radio or television, are sent and received.
PART II – ESTABLISHMENT, FUNCTION, CONSTITUTION AND POWER OF THE CORPORATION
Establishment of the Corporation
(2) Subject to the provisions of this Edict, the Corporation shall provide radio and television services on behalf of the State Government on commercial basis so as to derive revenue for the State.
Constitution of the Board of the Corporation
(a) A part-time Chairman;
(b) General Manager of the Corporation referred to in Section 31 of this Edict;
(c) Permanent Secretary of the Ministry of Information;
(d) The Permanent Secretary in-charge of Parastatals in the State or his representative;
(e) Permanent Secretary of the Ministry of Justice,
(f) Two other members who shall be persons with sound educational, business and broadcasting background;
(g) The Secretary of the Corporation shall serve as Secretary to the Board.
(2) The Military Administrator shall appoint all the members on part-time basis.
(3) No act or other proceedings of the Corporation shall be invalid by reason only of any vacancy among its members or by reasons of any defect in the appointment of any member.
Tenure of office of members
Eligibility for reappointment
Removal of member
(a) has been absent from three consecutive meetings of the Corporation without the permission of the Chairman or Military Administrator, in the case of the Chairman; or
(b) is otherwise unable or unfit to discharge his functions, the Military Administrator may declare his office to be vacant and there upon his office shall become vacant.
(2) Notwithstanding the provision of Subsection (1), the Military Administrator may at any time remove the Chairman or a member from office for a good reason.
Other matters relating to members
(2) Where the Chairman or a member is temporarily incapacitated by illness from performing the functions of his office, or is temporarily absent from the State, the Military Administrator may appoint any capable persons to hold temporarily the office held by such incapacitated or absent member during the period of such incapacity or absence and all the function of a member shall devolve upon the person so temporarily appointed.
Power to co-opt
Further provision with respect to the Corporation’s schedule
Powers and functions of the Corporation
(a) Erect, maintain and operate transmitting and receiving stations;
(b) Enter into arrangements with any persons or any authority for the purpose of obtaining concessions, license, privileges and other rights;
(c) Manufacture, produce, purchase, or otherwise acquire films, gramophones, video cassette recorders, or other mechanical records and materials and apparatus for use in connection with broadcasting services;
(d) Produce features or documentary films whether on its own or in collaboration with other person, films or companies;
(e) Provide other persons with and receive from them matter to be broadcast;
(f) Organise, provide and subsidize for the purpose of broadcasting educational activities and public entertainment;
(g) Deal with films distribution inside and outside Nigeria for the dual purpose of distributing is production and or hire films transmission.
(h) Collect in any part of the world, and in any manner that may be thought fit, both news and information and to establish and subscribe to news agencies;
(i) Acquire copyrights;
(j) Publish printed matter that may be conducive to the performance of any of its function;
(k) Install and operate radio distribution services;
(j) Do anything for purpose of advancing the skill of person employed in the broadcasting services or the efficiency of the equipment used in the broadcasting services, in the manner in which that equipment is operated, including the provision of facilities for training, education and research by it or by others on its behalf;
(m) Manufacture, assemble and distribute video films, recorders, television sets and spare parts for electronic equipment;
(n) Subject to the Military Administrator approving the memorandum and articles of association of a company to:-
(i) Participate in the formation of a company limited by shares and incorporated under the Companies and Allied Matters Act.
(ii) Nominate persons (including any member) to the directors of any such company.
(iii) Provide capital and other money for any such company out of its funds in accordance with the terms and conditions attached to the grant of the funds.
(iv) Enter into partnership or agency agreements with other parties for the furtherance of its powers and duties; and
(v) Make arrangements and enter into agreements with any person for the exercise, performance or provisions by such person as its agent for the purpose of performing any of its functions.
Duties of the Corporation relating to programmes, news etc.
(a) That nothing is included in the programmes which is likely to offend against good taste, or decency or likely to encourage or incite crime or lead to disorder or offensive to public feeling or to contain any offensive representation of or reference to any person living or dead.
(b) That the programmes maintain a proper balance in their subject matter and a general high standard or quality.
(c) That any news given in whatever form, is presented with due accuracy, impartiality and objectivity.
(d) That due impartiality is preserved in respect of matters of affair, political or industrial, controversy or relating to current public issue and
(e) That subject to the provisions of Subsection (2) no matter designed to serve the interest of political parties is included in the programme.
(2) Nothing in paragraph (c) of Subsection (1) shall prevent the inclusion in the programmes of political party broadcast which seek to explain the views and policies of the various political parties in accordance with a scheme of such broadcasts which apportion the facilities and time allowed between the representatives of the political parties in such manner as appears to the Corporation equitably to represent their respective claims to the interest of the public of the State.
(3) The Corporation shall secure the exclusion from any publication which may be issued by it, or on its behalf and without prejudice to the generality of the provision of this Section, from the programmes broadcast by it or on its behalf of all expression of its own opinion as to the matters of any of its members or offices or of the opinion as to any such matters of any director or officer or agent of any company owned by the Corporation.
(4) Subject to the provision of this Section, the Corporation shall provide such facilities as may be deemed desirable in the public interest for the broadcasting of:
(a) Speeches of the members of the Executive Council of the State which consist of statements of facts or which explain the policy and actions of the State Government; and
(b) Matters of any kind (including religious services or ceremonies) representing of the main streams of religious thought or beliefs in the State provided that the religious programmes do not provide or attack on any other religious thought or belief.
(5) (a) The programmes broadcast by the Corporation or on its behalf may be sponsored and may include advertisement and announcements broadcast before, inside or after in consideration of payments by persons requiring such sponsored programmes, advertisements and announcements to be broadcast.
(b) Special programme shall not be interrupted by advertisement or sponsored announcement, but advertisements or sponsored announcements may immediately precede or follow the special programme.
(c) A special programme shall not be broadcast if so directed by the Commissioner in any particular case.
(6) For the avoidance of doubt, it is hereby declared that the preceding provisions of Section 26-27 relate only to the capacity of the Corporation as a statutory Corporation and nothing in the said provisions shall be construed as authorizing the disregard by the Corporation of any written Edict or rule of Edict.
Power to give direction
(2) The power conferred by Subsection (1) on the Commissioner shall include power to give directions in writing, prohibiting or limiting any expenditure proposed to be incurred by the Corporation which appears to the Commissioner to be excessive or unnecessary.
(3) The Corporation shall afford to the Commissioner facilities for obtaining information relating to the assets and liabilities and functions of the Corporation and shall furnish him with the returns, accounts and other information relating thereto, and shall afford to him facilities for verification of information furnished in such times as he may require in writing.
Broadcasting of announcements during emergency
(2) The Corporation or any duly authorized agent of the Corporation shall give effect free of charge to any notice under this Section.
(3) Where the Corporation or any duly authorized agent of the Corporation broadcasts announcement in pursuance of a notice under this Section, the Corporation or its agent as the case may be, shall announce that it is done in pursuance of such notice.
PART III – FINANCIAL PROVISION
Funds and resources of the Corporation
(a) Such monies as may from time to time be lent or granted to the Corporation by the Government of the State.
(b) Such monies or other property whatsoever as may from time to time be advanced by way of loan granted to the Corporation or statutory corporations in the State by any other Government in Nigeria or any Agency or institution of such Government, any international organization, any private foundation or any person whatsoever.
(c) All property and investments acquired by or vested in the Corporation, including all monies paid in respect of the purchase of stock of the Corporation and all monies earned arising therefrom.
(d) All monies (whether as radio or television rates or charges or otherwise) or other property whatsoever which may in any manner become payable to or vested in the Corporation in respect of its powers and duties or of any matter incidental to 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 provision of any Edict.
(e) Any property which may from time to time be received by or falling due to the Corporation or the interest payable in respect of any such loan.
(f) Such monies as may from time to time be lent or granted to the Corporation by any person.
(2) The Corporation shall apply such funds as provided in Subsection (1) of this Section in accordance with this Edict and with the terms and conditions upon which such monies may be obtained, given or derived or upon such conditions a may be attached to its appropriation.
Borrowing powers of the Corporation
(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.
Guarantee of borrowing by Government
(2) As soon as practicable after entering into any guarantee of the borrowing by the Corporation, 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).
Repayment of interest on sums issued to meet guarantee
(2) The Board shall repay such sums and interest thereon to the Government at such time, in such amounts and in such manner as the State Commissioner for Finance may from time to time direct.
Application of sums received by the Corporation
Power to invest
20.(1) The Corporation 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 the Corporation’s funds
21.(1) The Corporation 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 in accordance with the provisions of Section 24.
(2) The Corporation may incur expenditure necessary for or incidental to the carrying out of any function or power conferred upon it under this Edict.
Power of the Corporation relating to making of loans etc
22.(1) When making a loan under the provision of this Edict, the Corporation may:
(a) Charge such rate of interest as it may deem fit in any particular case, so however that such rate of interest shall unless the Military Administrator otherwise directs, not be less than the average rate of interest payable by the Corporation at the time of making the loan on the monies borrowed by it; and
(b) Require and accept such security for the loan as it may think fit.
(2) In relation to any loan made by the Corporation may:-
(a) Accept payment of the whole or any part of the principal and interest thereon before the time when such repayment is due upon such terms and conditions as the Corporation may deem fit; and
(b) Subject to the provision of paragraph (a) of Subsection (1) above, reduce the rate of interest payable in respect of the loan.
PART IV – ACCOUNTS AND REPORTS
(2) The said Annual Statement of Accounts shall be audited by an auditor or auditors to be appointed annually by the Corporation after consultation with the Auditor General of the State and the Corporation shall pay to the Auditor or Auditors such remuneration as may be fixed by the Corporation.
(3) As soon as the accounts of the Corporation have been audited as provided by Subsection (1) above, the Corporation shall send to the Military Administrator 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 Corporation.
Annual reports and estimate
(2) Every annual report made by the Corporation under Subsection (1) above shall contain particulars of all directions given under this Edict by the Military Administrator to the Corporation during each financial year.
(3) The Military Administrator shall lay a copy of every such annual report, statement of accounts an auditor’s report before the Executive Council of the State.
(4) Before the commencement of each financial year, the Corporation shall prepare an estimate of its revenue and expenditure for that financial year and submit the same to the Military Administrator for his approval and the Military Administrator shall have power to disallow or reduce any provisions under any item in the estimate as he may consider necessary.
PART V – POWERS IN RELATION TO LAND
Preliminary investment required by the Corporation
27.(1) Whenever it appears to the Corporation that any land in the State is likely to be needed for the purposes of carrying out its functions and powers set out under this Edict, the Corporation may by its servants or agents together with all necessary workmen enter upon any such land and:-
(a) (i) Survey and take levels of the land;
(ii) Dig or bore under the sub-soil;
(iii) Do all other acts necessary to ascertain whether the land is suitable for such purpose.
(b) Clear, mark and set out the boundaries of the land in respect of which it is proposed to make an application under Sub-section (1) of Section 45 below. Provided that no such agent or workman shall enter any building or upon any enclosed court or garden attached to any dwelling house (except with the consent of the occupier) unless at least seven days notice of intended entry has been given to the occupier.
(c) Construct, place, maintain, examine, repair alter or remove any installations belonging to the Corporation or all such tree and under-wood as may interfere or to be likely to interfere with the construction or proper working of any installations.
(2) Save as it otherwise specially provided by Section 45, the Corporation 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 purposes aforesaid, such officers, agents 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 Corporation shall make good any road opened or broken up for the purposes referred to in Subsection (1).
(5) As soon as conveniently may be after an entry made under-section (1) above, the Corporation 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 provision of the Land Use Act, 1978.
Notice of intention to enter land
(2) If within thirty days after the service of such notice, the occupier fails to lodge an objection with the Corporation in writing to the work specified in the notice, the Corporation may proceed with that work.
(3) If the owner of any land or building across or on which an installation or fixture has been installed or attached requires the position of such installation to be altered, the Corporation may alter the position subject to such conditions as it may deem fit.
Compensation for damages
Compulsory acquisition of land
30.(1) Whenever there is any hindrance to an acquisition by the Corporation of any land required for the purposes of carrying out its function and powers as set out in this Edict including any failure by the Corporation to reach agreement as to the amount to be paid in respect of the acquisition, the State Commissioner for Lands, may upon the application of the Corporation and other such enquiry as he may think fit, declare that the land is required for the service of the Corporation.
(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 any, payable under the Land Use Act, 1978 for the acquisition of any land under this Section shall, in the first instance, be paid by the Government but the Corporation shall refund to the Government any compensation to paid and all incidental expenses incurred by the Government in connection with the such acquisition.
PART VI – APPOINTMENT OF N.B.S MANAGEMENT
Appointment of General Manager
(2) The General Manager shall be the Chief Executive Officer of the Corporation and he shall attend all the meetings of the Corporation and has ultimate responsibility in carrying out its policies and decisions in accordance with the provisions of the Edict.
Secretary of the Corporation
32.(1) The Corporation shall appoint a fit and proper person who shall be a Legal Practitioner of not less than seven years post call experience for a single term of five years upon such terms and conditions as the Military Administrator may deem fit.
(2) The Secretary shall be the Head of Administration and Secretary to the Board of the Corporation and it shall be his duties in addition to:-
(a) Render legal services to the Corporation.
(b) Act as Secretary at the Corporation’s meetings.
(c) Keep all the records of the Corporation.
(d) Subject to the direction of the Corporation, arrange the business for and case to be recorded and kept minutes of meetings of the Corporation.
(e) Handle all correspondences of the Corporation.
(f) Have custody of the common seal of the Corporation.
Powers to engage staff etc
(2) There shall be a management committee which shall comprise of all departmental heads to be chaired by the General Manager and shall be charged with the responsibility of making appointments, promotions and disciplinary control over the officers of the Corporation earning salary from Grade Level 01 – 06.
(3) The Military Administrator may be order determine the prescribed salary for the purposes of Subsection (2).
(4) The Corporation shall have power to grant pension, gratuities or retiring benefit to its officers or servants and may require officers and servants to contribute to any pension contributory.
Secondment, transfer and attachment of employers
Powers to make rules relating to retirement benefits.
(a) The qualification to be required for any appointment.
(b) The method of appointment (including) probation and confirmation).
(c) The form of any agreement to be entered into between the Corporation and its employees.
(d) The terms and conditions of services (including dismissal and termination of appointments) 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 Corporation and the Government, the Government of any other State, Local Government or the Federal Government of Nigeria or any other statutory corporation.
(h) Such matters relating to departmental procedure and duties and responsibilities of employees as the Corporation considers can be best provided for by regulations.
(a) The pension, gratuities and retirement allowance to be granted to pensionable employees of the Corporation and their dependants.
(b) The gratuities and retirement allowances to be granted to non-pensionable employees of the Corporation and their dependants. (c) All matters ancillary or the matter mentioned in paragraph (a) and (c).
Performance of functions by officers etc.
Personal immunity of members, agent etc.
Powers of the Corporation to surcharge officers
(a) any sum due to the Corporation has not been duly brought to account by any person by whom such sum ought to have been brought into account; or
(b) Any loss of or deficiency in the monies or loss or destruction of any other property of the Corporation has occurred by an act of any person, the Corporation may surcharge the amount of such sum, loss or deficiency, or other aforesaid whether he be a member of the Corporation or an officer or other employee or agent of the Corporation.
(2) Before exercising its powers under Subsection (1) the Corporation may authorize any person to conduct an inquiry for the purposes of this Section and to take evidence and examine witnesses upon oath or affirmation (which oath or affirmation that person is empowered to administer) under his hand, require all such persons he may deem fit to appear summons under his hand and may require all such books records, accounts, and other documents and materials as he may consider necessary to be produced for the purposes of the inquiry.
(3) If the Corporation decides to surcharge any amount upon any person under Subsection (1) it shall cause a notice to be served upon him or on his legal representative, if any, to pay the amount surcharged within such period from the date of the service of the notice as may be specified therein.
(4) Notwithstanding the provisions of Subsection (3) no liability to surcharge shall be incurred by any officer, other employee or agent of the Corporation who can prove to the satisfaction of the Corporation that he acted in pursuance of and in accordance with the terms of a resolution of the Corporation of a Committee duly appointed under this Edict or on the written instructions of any officer, other employee or agent of the Corporation to whose orders in relation to the matter in question he was subject; provided that nothing in this Subsection shall exempt any person from a liability to surcharge in accordance with the provision of this Section where that person knew or ought to know that the terms of any resolution or nay written instructions as aforesaid were not in accordance with the provisions of this Edict or rules made or directions given hereunder.
Recovery of surcharges.
Appeals against surcharges.
(2) The Board shall have power to confirm, vary or quash the decision and give such directions as the Board may deem fit in the matter.
Powers to enter into contracts
(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 Corporation by any person general or specially authorized by the Corporation for that purpose.
(3) Any document purporting to be a document duly executed or issued under the seal of the Corporation on behalf of the Corporation shall unless the contrary is proved, be deemed to be a document so executed or issued as the case may be.
Restrictions on suit against the Corporation
Secondment, transfer and attachment of employers
(2) A notice under Subsection (1) shall state:
(a) the cause of action;
(b) the relief being sought; and
(c) the name and place of abode of the complainant.
(3) Without prejudice to the general effect of Section 12 of the Interpretation Edict (Cap 52) the repeal of the Edict shall not affect any obligation or penalty incurred by any person before the repeal.
(4) Notwithstanding the repeal of the Edict, any statutory instrument made thereunder and in force immediately before the commencement of this Edict shall continue in force as if they were regulations made under Section 35 of this Edict and shall accordingly be amended or revoked under this Section.
Restrictions on execution against the Corporation
Service of notices.
Exemption from stamp duty and fees Cap. 128 & Cap 58.
Legal proceedings against the Corporation.
Representation of the Corporation
(a) Secretary/Legal Adviser of the Corporation.
(b) The Servant authorized in that behalf by the General Manager.
(2) In this Section, “suit” includes any action or any civil proceeding commenced by a writ of summons or by such other manner as may be prescribed by rule of court but does not include criminal proceedings.
(2) At a meeting of the Corporation:-
(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 chairman of the meeting.
(3) Every question at a meeting of the Corporation shall be determined by a majority of the votes of members present and voting on the question and in the case of any equal division or votes, the Chairman of the meeting shall have a second or casting vote.
(2) The Common Seal of the Corporation shall be authenticated by the signature of the Chairman or some other member thereof and the signature of the Secretary of the Corporation.
(3) Judicial notice shall be taken of the Common Seal of the Corporation and every document purporting to be an instrument made by the Corporation and to be sealed with the Common Seal (purporting 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.
(a) There is some defect in the appointment of any person purporting to be a member of the Corporation or;
(b) There is any vacancy amongst its members.
(a) Approve or make any development or capital loan;
(b) Make a standing order; or
(c) Do any act involving extra-ordinary expenditure.
Dated at Lafia this 7th day November,1998.
Lt Col. Bala Mohammed MANDE
(This note does not form part of this Edict and has no legal effect)
The purpose of this Edict is to establish the Nasarawa Broadcasting Service which will consist of a Chairman and four other members. The Chairman and two of the other five members are to be appointed by the Military Administrator.
The main function of the Corporation is to provide Radio and Television broadcasting services for the State and to operate commercially with the part of its programmes oriented to yield revenue to the State.
The powers and duties of the Corporation are spelt out in Part II.
Part III contain provision enabling the Corporation to borrow, with the consent of the Executive Military Administrator, 25 money required in the exercise of its functions under this Edict.
Part IV provides for the keeping of the Corporation‟s account and audit.
Part V contains provision enabling the Corporation‟s to acquire land for the purpose of carrying out its function under this Edict.
Part VI vests in the Executive Military Administrator the power to appoint the General Manager of the Corporation who shall be an officer and not a member of the Corporation. This part also contains provisions for the appointment of the Secretary by the Corporation and for dealing with the Corporation‟s staff and some other miscellaneous matters.