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  • A99

    NIGER-DELTA DEVELOPMENT COMMISSION (F,SfABLlSHMENT,ETC.)ACf, 2000

    ARRANGEMENT OF SECTIONS

    SECTION:

    PART 1-EsTABLISHMENT, ETC., THE NIGER-DELTA DEVELOPMENT COMMISSION AND THE

    GOVERNING BOARD

    l. Establishment of the Niger-DeltaDevelopment Commission; etc.

    2 Establishment ofthe Governing Board ofthe Commission.

    3. Tenure of office of the Board members.

    4. Rotation of office of Chairman of theCommission.

    5. Cessation of membership of the Board, etc.

    6. Allowances of members.

    PART II - FUNCTIONS AND POWERS OF THECOMMISSION, ETC.

    7. Functions and powers of the Commission.

    S. Powers of the Board.

    PART 111- STRUcnJRE OF THE COMMISSION

    9. Establishment of Directorates.

    10. Establishment of the ManagementCommittee.

    II. Establishment of the Niger-DeltaDevelopment Advisory Committee.

    PARTlY -STAFF

    12. Appointment of Managing Director, etc.

    13. Service in the Commission to bepensionabie.

    PARTY - FINANCIAL PROVISIONS

    14. Fund of the Commission.

    IS. Expenditure.

    16. Gifts to the Commission.

    17. Powers to borrow.

    IS. Annual estimates and expenditure.

    19. Quarterly report.

    20. Annual report.

    PART YI- MISCELLANEOUS

    21. Establishment of Monitoring Committee.

    zz. Offices and premises of the Commission.23. Directives by the President, Commander-

    in-Chief oft~e Armed Forces.

    24. Limitation of suit against the Commission,etc.

    25. Service of documents.

    26. Restriction on execution against propertyof the Commission.

    27. Indemnity of officers.

    28. Repeal of 1998 No. 41, and savingsprovision, etc.

    29. Regulations.

    30. Interpretation.

    31. Citation.

  • AN ACT TOPROVIDEFORTHEREPEALQFTHEOn..,.MINERALPROQUCINGAREA&, .. ).'.. ',-! "', ' .' -,,' -', ' ", .. .' -" .':~ ....', ",.)', .", .' ,:':,-:, .',',' :'.'.': j " ,>' .- ,:, ".

    COMMISSIONDECREE1998, ANDAMONGOTHER;(THINGS,EST..\BLIsH'f,. NEW CbMMISSIONWITHA RE-ORGANISEDMANA~NT AND A~STRATI{ifSnut:fuRE Fott.'MoRE

    EFFECTIVENESS;ANDFORTHEUSEOFTHESUMSRECEIVEIYAAOMtHE AL1:.OCA:TIONOf.THEFEDERATIONACCOUNTFORTACKLINGE,cOLOGICAL,PROBJ,.EMS\VHICHAlUSEFROM,mE

    EXPLORATIONOFOIL M~s INTHENIGER~i:>ELTAAREAAND "ORCONNECTIDPURPOSEs."

    2000 Act, No.6[ 12th July,2QOO ]

    ',' -, "; ',"

    ENACTEDby the National Assembly of the Federal Republic of Nigeria- ,, .'.'.'" -' ' .' .'" , :, ' :;": .'.' .~-i

    PARTI-ESTABLISHMENT,ETC.OFTHENIGER-Dm:..iADEVELOPMENTCOMMlSSION,ANDTHEGQVERNING}30A~

    1.-(1) There is hereby establish-'da body 'to beknov.nas Niger-DeltaDevelopment Commission (in this Act referred to as "the Commission"). ~l, "

    (2) The Commission-(a) shall be a body corporate with perpetual succession'andli commoriseal,;(b) may sue and be sued in its corporate name.

    (3) The Commission, shallhave its h~adoftipe'inpdrtBarcourt,R'iv~rs State andshall establish an office in each member State offhe Commission. ',. ,', '

    ~ - .'; , ,: - " " ; :" ,- '.;.'.' , '- , .'. r ~. -.', ~ :~ -- , .'.' .', - , .' I " '

    2.-,{ I ) Thert' is hereby establisbed for the Commission agoverning: Beard (inthis Act referred to as "the Bo~f),~hich sb,all consist of -

    (a) aChairrnan;.(b) one person who shall be an indigene of an oil producingareatq represent

    each of the following members States, that is -(i) Abia State;(ii)Akwa lbom State ;(iii) Bayelsa State;(iv) Cross River State;(v) Delta State;(vi) Edo State;(vii) Imo State;(viii) Ondo State ;,,~nd(ix) Rivers State ; ,

    (c) three persons to represent non-Oil mineral prodl,lcing States provided thatsuch membership should be drawn from the remaining geo-political zones whichare not represented in the Commission; ,.. . ,>

    (d)On~ representative of Oil produ~ing,companies in the Niger-Delta nominatedby the Oil producing companies; " .

    (e)onepersQn to re,present the FederaI'Ministry ~fFin,ance;'

    AIOl

    .Cornmence-ment.

    Establisn-ment of theNiger-DeltaDevelopment,ommisslon;etc.

    Establish-ment ofGQverning.Board of !beCommission .

  • Z 2000 No.6 Niger-Delta Development Commission (Establishment, etc) Act.

    Schedule.

    Tenure ofOffice.

    Rotation ofOffice ofChairman ofthe Commis-sion.

    Cessation 0.1'membershipof the Board.etc.

    (f) one person to represent Federal Ministry of Environment ;(g)theManaging Director of the Commission; and(h)two executive Directors .

    . (2) The Chairman and other members of the Board shall-(a)be appointed by the President, Commander-in-Chief of the Anned Forces, subject

    to the confirmation of the Senate, in consultation with the House of Representatives;and

    (b)be persons of proven integrity and ability.

    (3) The members of the Board 'referred to in paragraphs (1)-(1) of sub-section (I) ofthis section shall be part-time members.

    (4) The Supplementary provisions set out in the Schedule to this Act shall haveeffect with respect to the proceedings of the Board and the other matters containedtherein.

    3.-(1) Subject to the provisions of section 4 of this Act.a member of the Board,other than an ex-officio member, shall hold office for a term of 4 years at the first instanceand may be re-appointed for a further term of 4 years and no more.

    (2) A member of the Board other than ex-officio member, may resign his appointmentby notice, in writing under his hand addressed to the President, Commander-in-Chief ofthe Armed Forces, which resignation shall take effect only upon receipt by the President,Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria.

    4; The office of the Chairman sh{lll rotate amongst the member States of theCommission in the following alphabetical order-

    (a) Abia State;(b) Akwa-Ibom State;(c) Bayelsa State;(d) Cross River State;(e) Delta State;(I) Edo State;(g) Imo State;(h) Ondo State; and(i) Rivers State.

    5. (I) Notwithstanding the provisions of section 3 of this Act, a person shall cease tohold office as a member of the Board if-

    (a)he becomes bankrupt, suspends payment or compounds with his creditors;

    (b)he is convicted ofa felony or any offence involving dishonesty or fraud;(c)he becomes of unsound mind, or incapable of carrying out his duties; ......(d) he is guilty of serious misconduct in relation to his duties;(e) in the case of a person possessed of professional qualifications, he is disqualified

    or suspended, other than at his own request, from practising his profession in any part

  • Niger-De/tfJ Pewd,opment CO!'f'!lission (Ert(lblishmenJ, etc) Jet. 1000~ . : _ . .;. ,_ . L ,.:. . _ " . . _ ",., .' " ' _. - , ," I. '( ".' ~ ,- ,\' .. .. j

    of the world by an ordefofacompetehtauthority made irirespect Qftbat meit!bet: or(/). he resignsltis.apppintpteJ1t by a letter\~adres~to th~Presiae~t, Comman

  • AI04 2000 No.6 Niger-Delta Development Commission (&tablishment, etc) Act.

    Powers of theBoard.

    Establish-ment ofDirectorates.

    (2) In exercising its functions and powers under this section, the Commissionshall have regard to the varied and specific contributions of each member State of theCommission to the total national production of oil and gas.

    (3)The Commission shall be subject to the direction, control or supervision inthe performance of its functions under this 'Act by the President,Commander-in-Chief of'the Armed Forces of the Federal Republic of'Nigeria,

    8. The Board shall have power to-

    (d) manage and supervise affairs of the Commission;(b) make rules and regulations for carrying out the functions of the Commission;

    (c) enter and inspect premises, projects and such places as may be necessary forthe purposes of carrying out its functions under this Act;

    (d)pay the staff of the Commission such remuneration and allowances asappropriate ;

    (e) enter into such contracts as may be necessary or expedient for the dischargeof its functions and ensure the efficient performance of the functions of theCommission; and

    if> do such other things as are necessary and expedient for the efficientperformance of the functions ofthe Commission.

    PART III-STRUCTURE OF THE COMMISSION

    9.-( I) There shall be established in the head office of the Commission, thefollowing Directorates-

    (a)the Directorate of Administration and Human Resources;

    (b)the Directorate of Community and Rural Development;

    (cjthe Directorate of Utilities Infrastructural Development and Waterw~ys ;(d)the Directorate of Environmental Protection ane Control;

    (e) the Directorate of Finance and Supply;

    if> the Directorate of Agriculture and Fisheries;(g)the Directorate of Planning, Research, Statistics and Management Information

    System;

    (h) the Directorate of Legal Services;(i) the Directorate of Education, Health and Social Services;V) the Directorate of Commercial and Industrial Development; and(k)the Directorate of Projects Monitoring and Supervision.

    (2) The Board may with the approval of the President, Commander-in-Chief ofthe Armed Forces of the Federal Republic of Nigeria increase the number ofdirectorates as it may deem necessary and expedient to facilitate the realisation of theobjectives of the Commission.

  • Niger-Delta Development ((:ommission (Establirhment, etc)Act '2000 No.6 AIOS

    10.There shall be for the Commission a Managemenf Committeewhichshall+-(a)consist of a Chairman who shall be the ManagingDitector,two Executive

    Directors, the Directors responsible for the Directorates established undersection 9 of this Act and suchnumlSer of other mebibers as may be determinedfrom time to time by the Board.

    (b)be responsible to the Board fOrthe g~neral administration of the Commission., '

    II