A BILL
FOR
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE EROSION
CONTROL PREVENTION COMMISSION AND VEST IT WITH THE RESPONSIBILITY FOR THE
PREVENTION CONTROL, MANAGEMENT AND REDRESS OF EROSION AND FOR RELATED MATTERS,
2017 (HB.1019)
Sponsored by: Hon.
Obinna Chidoka
Provisions of the Bill
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Committee’s Recommendation
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PART I - ESTABLISHMENT OF THE
EROSION CONTROL AND PREVENTION COMMISSION
Establishment of the Commission.
1. (1) There is established a body to be known as Gully Erosion
Control and Prevention Commission (in this Bill referred to as "the
Commission").
(2) The Commission shall be a
body corporate with perpetual succession and a common seal and may sue and be
sued in its corporate name.
Head office of the Commission.
(3) The Head office of the
Commission shall be in Abuja with operational Offices in Imo, Anambra, Abia,
Enugu, Ebonyi, Edo, Akwa Ibom, Bayelsa, Delta Cross River, Rivers, Ekiti,
Lagos, Ogun, Ondo, Osun, Oyo and Benue.
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Establishment and membership of the Governing Council.
2. (1) There is established a Governing Council for the
Commission (in this Bill referred to as "the Council") which shall
be responsible for the discharge of the functions of the Commission.
(2) The Council shall consist
of:
(a) a chairman;
(b) a representative each from
the states set out in section 1 (3);
(c) A representative of the
Federal Ministries in charge of:
(i) Environment;
(ii) Transportation;
(iii) Works;
(iv) Agriculture and Rural
Development;
(v) Finance;
(vi) Mines and Steel, and
(vii) National Planning.
(d) The Executive Secretary of
the Commission.
(e) Two representatives of
recognised professional associations of environmentalists in Nigeria.
(3) The Chairman and members of
the Council of the Commission shall be:
(a) Appointed by the President
on the recommendation of the Minister subject to the confirmation by the
Senate;
(b) Persons of proven
integrity, honour and ability; and
(c) Part-time members except
the Executive Secretary who shall be a full-time member.
Schedule.
(4) The supplementary
provisions set out in the Schedule to this Bill shall have effect with
respect to the proceedings of the Council and other matters contained
therein.
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Tenure of Office.
3. The Chairman and members of the Council other than the
Executive Secretary shall each hold office:
(a) for a term of 4 years and
may be re-appointed for a further term of 4 years and no more; and
(b) on such terms and
conditions as may be specified in their letters of appointment.
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Cessation of Membership.
4. (1) A person shall cease to hold office as a member of the
Council on the occurrence of any of the following:
(a) he becomes bankrupt,
suspends payment or compounds with his creditors;
(b) he is convicted of a felony
or any offence involving dishonesty or fraud;
(c) he becomes of unsound mind
or is incapable of carrying out his duties;
(d) he is guilty of a serious
misconduct in relation to his duties;
(e) in the case of a person who
possesses any professional qualification and he is disqualified or suspended,
other than at his own request from practicing his profession in any part of
the world by any order of a competent authority made in respect of that
member; or
(f) he resigns his appointment
by a letter addressed to the President.
(2) Where a member of the
council ceases to hold office for any reason whatsoever, before the
expiration of the term for which he is appointed another person representing
the same interest as that member shall be appointed to the Council for the
expired term.
(3) A member of the Council may
be removed by the President on the recommendation of the Minister if he is
satisfied that it is not in the interest of the Commission or the public that
the member continues in office.
(4) Where a vacancy occurs in the
membership of the Council, it shall be filled by the appointment of a
successor to hold office for the remainder of the term of office of his
predecessor.
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Allowances of members.
5. Members of the Council shall be paid such allowances and
expenses as the Government may direct from time to time.
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Powers of the Council.
6. The Council shall have power to:
(a) manage and superintend over
the affairs of the Commission;
(b) make, alter and revoke
rules and regulations for the effective running of the Commission;
(c) employ and pay the staff of
the Commission such remunerations and allowances as payable to persons in
similar organization in the country;
(d) enter into contracts and do
such other things as may be necessary or expedient for the discharge of its
functions and ensure the efficient performance of the functions of the
Commission; and
(e) receive, disburse and
account for funds of the Commission.
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P ART II -
FUNCTIONS AND POWERS OF THE COMMISSION
Functions of the Commission.
7. The Commission shall:
(a) carry out an extensive
survey of the extent of gully erosion in the country;
(b) manage, control redress and
prevent gully erosion in the country;
(c) formulate policies and
guidelines for the prevention, control and management of gully erosion in the
country;
(d) advise on balanced and
responsible use of land in the country;
(e) conceive, plan and
implement in accordance with set rules and regulations projects and
programmes for gully erosion prevention, control and management;
(f) co-ordinate and promote
research activities relating to gully erosion control, management and
prevention;
(g) adopt an integrated
approach addressing the physical, biological and socio-economic aspects of
the process of gully erosion;
(h) monitor the state of
preparedness of all organisations or agencies which may contribute to the
control of gully erosion;
(i) integrate strategies for
poverty eradication into the process with participation of affected local
communities;
(j) educate and inform the
public on gully erosion prevention and control measures.
(k) examine and implement
innovative ways of promoting alternative livelihoods including training in
new skills;
(i) collate data from relevant
agencies so as to enhance planning and field operation of gully erosion
prevention, management and control.
(m) cooperate with relevant
inter-governmental organisations;
(n) facilitate through
International cooperation the transfer of technology knowledge and know how
on the prevention, control and management of gully erosion;
(o) ensure sound and efficient
management of the resources available to the Commission from the Federation
Account;
(p) receive financial and
technical aid from international organisations and non- governmental agencies
for the purpose of prevention management and control of gully erosion;
(q) carry out such other
functions as the President may from time to time direct.
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Powers of the Commission.
8. (1) The Commission shall have power to do anything which will
facilitate the carrying out of its functions and in particular may:
(a) sue and be sued in its
corporate name;
(b) acquire, hold, manage and
alienate movable and immovable property;
(c) monitor and control gully
erosion in the affected areas;
(d) enter into contracts for
the prevention, control and management of ali gully erosion problems;
(e) purchase or acquire any
asset, business or property considered necessary for the proper conduct of
its functions;
(f) sell, let, lease or dispose
of any of its property;
(g) undertake or sponsor
research where necessary for the performance of its functions; and
(h) train managerial, technical
or other category of staff for the purpose of running the affairs of the
Commission;
(i) enter into partnerships,
combines, relationships, understandings, agreements and joint ventures for
the purpose I carrying out any of the functions.
(2) The powers conferred on the
Commission may be exercised by it or through any of its officers, employees,
agents authorized in that behalf by the Commission.
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PART III -
APPOINMENT OF EXECUTIVE SECRETARY AXD OTHER STAFF OF THE COMMISSION
Appointment and duties of the Executive Secretary of the Commission.
9. (1) There shall be an Executive Secretary of the Commission
who shall be appointed by the President.
(2) The Executive Secretary
shall:
(a) be the chief executive and
accounting officer of the Commission and
(b) be responsible to the
Council for the execution of the policies and the administration of the daily
affairs of the Commission.
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Tenure of and office Term of remuneration of the Executive Secretary.
10. (1) The Executive Secretary shall be appointed for a term of
5 years in the first instance and may be r appointed for a further term of 5
years and no more, subject to satisfactory performance.
(2) The Executive Secretary
shall:
(a) be paid such remuneration
as may be prescribed in his letter of appointment; and
(b) ensure compliance with the
provision of section 21 of this Act relating to power to borrow.
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Executive Secretary.
11. The Executive Secretary shall hold office on such terms and
conditions as are specified in his letter of appointment, and may resign his
appointment by writing under his hand delivered to the Minister.
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Appointment and duties of Administrative Secretary.
12. The Council shall appoint for the Commission an
Administrative Secretary who shall:
(a) be a legal practitioner and
is so qualified for a period of not less than 10 years;
(b) keep the records of
transactions and correspondence of the Commission; and
(c) perform such other
functions as the Councilor Executive Secretary may direct.
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Staff of the Commission and their functions and remuneration.
13. The Council shall appoint for the Commission such number of
employees as may in the opinion of the Council be expedient and necessary for
the proper and efficient performance of the Commission and pay them
remuneration and allowances as it determines.
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Appointment and secondment from Public service.
14. (1) Notwithstanding the provisions of sections 12 and 13 of
this Act, the Council shall have power to appoint for the Commission either
directly or on secondment from any public service in the Federation, of
employees may, in the opinion of the Council be required to assist the
Commission in the discharge of any of its function under this Act.
(2) The person seconded under
this section may elect to be transferred to the service of the Commission,
and al previous service he may render in the public service shall count as
service to the Commission for the purpose of al pension subsequently payable
by the Commission.
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Engagement of Consultants and Advisers.
15. Without prejudice to the provisions of sections 13 and 14 of
this Act, the Council may engage such consultant and advisers as it may
require for the effective discharge of the functions of the Commission.
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The structure of the Commission.
16. (1) There shall be established in the Head Office of the
Commission, the following Departments:
(a) Administration and Finance;
(b) Education and Public
Awareness;
(c) Works and Services;
(d) Planning, Research and
Statistics;
(e) Monitoring and Evaluation;
and
(f) Legal Services.
(2) The Council shall set up
its own monitoring panel to monitor the projects being executed by the
Commission.
(3) The Council, may with the
approval of the President, increase the number of Departments as it may deem
necessary and expedient to facilitate the realization of the objectives of
the Commission.
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PART IV - FINANCIAL
PROVISIONS AND AUDIT
Pensions and Gratuity.
17. The staff of the Commission shall be entitled to pensions,
gratuities and other retirement benefits as are enjoyed by persons holding
equivalent grade in the Civil Service of the Federation.
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Provision of Superannuation.
18. The Commission shall pay gratuities or provide and maintain
superannuation scheme (whether contributory or not) for the employees.
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Funds of the Commission.
19. (1) The Commission shall establish and maintain a fund into
which all moneys accruable to the Commission shall be paid and from which all
the activities of the Commission shall be funded.
(2) There shall be paid and
credited to the fund:
(a) all moneys in the accounts
of the Ecological Fund relating to the states affected by erosion;
(b) Federal Government
contribution to the Fund of the Commission equivalent of 100 percent of the
total money due to member state of the Commission from the Ecology Fund;
(c) donations, gifts, grants
and testamentary disposition from individuals or corporate organisations at
home or abroad; .
(d) all other assets that may,
from time to time, accrue to the Commission.
(3) The funds of the Commission
shall be disbursed according to the approved formula.
(4) The Commission shall apply
the proceeds ofthe Fund established pursuant to section 19 (1) of this Act
to:
(a) the cost of administration
of the Commission;
(b) the payment of salaries,
fees, remuneration, allowances, pensions and gratuities payable to the
members of the Governing Council and the employees of the Commission;
(c) the payment of all
contracts, including mobilisation, fluctuations Variations, legal fees and
cost on contract Administration;
(d) the payment for all
purchases; and
(e) undertaking such other
activities as are connected with all or any of the functions of the
Commission under this Act.
(5) The Council shall cause the
accounts of the Commission to be audited quarterly and shall be externally
audited once every year.
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Power to accept gifts.
20. (1) The Commission may accept gifts of land, money or other
property on such terms and conditions, if any, as may be specified by the
person or organisation making the gift.
(2) The Commission shall not
accept any gift if the conditions attached are inconsistent with the
functions of the Commission under this Act.
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Power to borrow.
21. (1) The Commission may, from time to time, borrow money as it
may require to execute or complete some special projects of the Commission.
(2) The Commission shall not,
without the approval of the President, borrow money which exceeds
Nl,000,000.00 at anyone time.
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Annual estimates and expenditure.
22. (1) The Council shall not later than 30th September, of each
year, submit to the National Assembly through the Minister an estimate of the
expenditure of the Commission during the next succeeding year.
(2) The Council shall approve
all expenditure of the Commission.
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Proper account to be kept by Commission.
23. The Commission shall:
(a) cause to be kept proper
accounts and records of the transactions and affairs of the Commission and
ensure that all payments out of its moneys are correctly made and properly
authorized;
(b) ensure that adequate
control is maintained over the assets belonging to or in the custody of the
Commission and over its incurring of liabilities;
(c) prepare in respect of each
financial year a statement of accounts in such forms as the Auditor-General
may direct.
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Audit.
24. (1) The Auditor-General of the Federation shall:
(a) inspect and audit the
accounts and records of financial transaction of the Commission;
(b) inspect records relating to
assets of the Commission; and
(c) draw the attention of the
Minister to any irregularity revealed and disclosed by the inspection and
audit.
(2) The Auditor-General may
dispense with all or any part of detailed inspection and audit of any account
or record referred to in subsection.
(3) The Auditor-General or any
officer authorized by him is entitled at all reasonable time to a full and
free access to all accounts, records, documents and papers of the Commission
relating directly or indirectly to the receipt or payment of money by the
Commission or to the acquisition, receipt, custody or disposal of assets by
the Commission.
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Annual Report.
25. The Commission shall submit to the President through the
Minister not later than 30th June, of each financial year, a report of its
activities during the preceding financial year and it shall include a copy of
the audited accounts of the Commission for that year and a copy of Auditors
Report on it.
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Power to acquire land. Cap. 202 LFN.
26. (1) For the purposes of providing offices and premises
necessary for the performance of its functions under this Act, the Commission
may, subject to the Land Use Act:
(a) purchase or take on lease
any interest in land, or other property; and
(b) construct offices and
premises and equip and maintain same.
(2) The Commission may, subject
to the Land Use Act, sell or lease out any office or premises held by it,
which office or premises is no longer required for the performance of its
functions under this act.
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PART V -
MISCELLANEOUS PROVISIONS
Limitation of Suits against the Commission. Cap. 379 LFN.
27. (1) The provisions of the Public Officers Protection Act
shall apply in relation to any suit instituted against the Commission or any
of the officers or employees of the Commission.
(2) No suit shall be commenced
against a member of the Council, the Executive Secretary, officer or employee
of the Commission before the expiration of a period of one month after
written notice of intention to commence the suit shall have been served upon
the Commission by the intending plaintiff or his agent.
(3) The notice referred to in
subsection (2) shall 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.
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Service of Documents.
28. A notice, summons or other document required or authorized to
be served upon the Commission under the provisions of this Act or any other
Law or enactment may be served by delivering it to the Executive Secretary or
by sending it by registered post and addressed to the Executive Secretary at
the principal office of the Commission.
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Restriction on Execution against Property of the Commission.
29. (1) No execution or attachment of process shall be issued
against the Commission or its properties in any action or suit without the
consent of the Attorney-General of the Federation.
(2) Notwithstanding the
provisions of subsection (1) of this section, in any action or suit against
the Commission, no execution or attachment of process in the nature thereof
shall be issued against the Commission unless not less than three months’
notice in writing of the intention to execute or attach has been given to the
Commission.
(3) Any sum of money which by
the judgment of any Court is awarded against the Commission shall, subject to
any direction given by the Court where notice of appeal of the said judgement
has been given, be paid from the general reserve fund of the Commission.
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Indemnity of Officers.
30. A member of the Council, the Executive Secretary, any officer
or employee of the Commission shall be indemnified out of the assets of the
Commission against any proceedings, whether civil or criminal, in which
judgement is given in his favour, or in which he is acquitted, if any such
proceeding is bought against him in his capacity as a member of the Council,
the Executive Secretary, officer or employee of the Commission.
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Engagement of Professionals other than staff.
31. The Executive Secretary may with the approval of the Council
engage persons with knowledge or experience in gully erosion control and
prevention or in matters relevant to the functions of the Commission to
assist otherwise than on the basis of full - time employment.
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Power of the Minister to give direction.
32. The Minister may give to the Commission directives of a
general or special nature with respect to any of its functions.
Regulations.
33. The Council may, with the approval of the Minister, make
Regulations for the purpose of carrying out or giving full effect to the
provisions of this Bill.
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Interpretation.
34. In this Bill unless the context otherwise requires:
"Chairman" means the
Chairman of the Governing Council of the Commission;
"Commission" means
Erosion Control and Prevention Commission;
"Council" means a
Governing Council of the Commission;
"Gully Erosion" means
land degradation and destruction resulting from various factors including
natural causes (activities of rivers, rain, weathering) and human activities
creating thereby gullies, ravines, craters, landslides and mudslide;
"Member" means a
member of the Council and includes the Chairman;
"Minister" means the
Minister in charge of matters relating to the Environment;
"Power" includes
functions and duty; and
"President" means the
President of the Federal Republic of Nigeria.
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Citation.
35. This Bill may be cited as the Erosion Control and Prevention
Commission Bill, 2017.
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SCHEDULE
SUPPLEMENTARY
PROVISIONS RELATING TO THE COUNCIL, ETC.
Cap. 192 LFN.
1. (1) Subject to this Act and
section 27 of the Interpretation Act, the Council may make standing orders
regulating its proceedings or those of any of its Committees.
(2) The quorum of the Council
shall be the Chairman or the person presiding at the meeting and five other
members of the Council, one of whom shall be ex-officio member and the quorum
of any Committee of the Council shall be as determined by the Council.
2. (1) The Council shall meet
whenever it is summoned by the Chairman and if the Chairman is required to do
so by notice given to him by not less than eight other members, he shall
summon a meeting of the Council to be held within fourteen days from the date
on which the notice is given.
(2) Where the Council desires
to obtain the advice of any person on a particular matter, the Council may
co-opt him to the Council for such a period as it deems fit, but a person who
is in attendance by virtue of this sub-paragraph shall not be entitled to vote
at any meeting of the Council and shall not count towards a quorum.
Committees
3. (1) The Council may appoint
one or more Committees to carry out, on behalf of the Council such functions
as the Council may determine.
(2) A Committee appointed under
this paragraph shall consist of such number of persons as may be determined
by the Council and a person shall hold office in the Committee in accordance
with the terms of his appointment.
Miscellaneous
4. (1) The fixing of the seal
of the Commission shall be authenticated by the signatures of the Chairman or
any other member of the Council generally or specifically authorized by the
Council to act for that purpose and the Executive Secretary.
(2) Any contract or instrument
which if made or executed by a person not being a body corporate, would not
be required to be under seal may be made or executed on behalf of the
Commission by the Executive Secretary or any person generally or specifically
authorized by the Council to act for that purpose.
(3) A document purporting to be
a document duly executed under the seal of the Commission shall be received
in evidence and shall unless and until contrary is proved, be presumed to be
so executed.
5. The validity of any
proceedings of the Councilor of a Committee shall not be adversely affected
by:
(a) a vacancy in the membership
of the Councilor Committee; or
(b) a defect in the appointment
of a member of the Councilor Committee;
(c) reason that a person not
entitled to do so took part in the proceedings of the Councilor Committee.
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EXPLANATORY
MEMORANDUM
This Bill seeks to provide for
the establishment of the Erosion Control and Prevention Commission as a
statutory body and to vest it with the responsibility to prevent, manage,
control and redress erosion in the affected States.
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