The Complete 2004 Laws of Nigeria

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INSTITUTE FOR PEACE AND CONFLICT RESOLUTION (ESTABLISHMENT) ACT

ARRANGEMENT OF SECTIONS

PART I

Establishment of the Institute for Peace and Conflict Resolution (I PCR)

SECTION

1.  Establishment of the Institute for Peace and Conflict Resolution.

      2.  Establishment of the Governing Council.

      3.  Membership of the Council.

      4.  Tenure of Office, etc.

      5.  Removal from Office.

      6.  Emolument, etc.

PART II

Functions of the Council

7.  Functions of the Council.

PART III

Functions of the Institute

8.  Functions of the Institute.

PART IV

Staff of the Institute

     9.  Director-General of the Institute.

   10.  Directorates, etc.

   11.  Other employees of the Institute.

   12.  Pensions.

PARTV

Financial Provisions

   13.  Financial provisions.

   14.  Expenditure of the Institute.

   15.  Annual estimates and accounts.

   16.  Annual reports.

   17.  Power to accept gifts.

   18.  Power to borrow.

   19.  Investment.

   20.  Exemption from tax.

 

Institute for Peace and Conflict Resolution (Establishment) Act

PART VI

Legal Proceedings

SECTION

   21.  General restrictions as to power of the Institute.

   22.  Limitation of suit against the Institute.

   23.  Service of documents.

   24.  Indemnity of officers.

   25.  Secrecy.

   26.  Staff regulations.

PART VII

General

27.  Provision of library facilities.

PART VIII

Miscellaneous

   28.  Dissolution of Sani Abacha Foundation for Peace and Unity.

   29.  Transfer of rights, etc.

   30.  Obligations and liabilities.

   31.  Pending or existing proceedings or cause of action.

   32.  Vesting of assets.

   33.  Holders of office in the Foundation to continue in the Institute.

   34.  Directives by the Council, etc.

   35.  Regulations.

   36.  Interpretation.

   37.  Short title.

SCHEDULE

Supplementary Provisions relating to the Council, etc.

INSTITUTE FOR PEACE AND CONFLICT RESOLUTION (ESTABLISHMENT) ACT
                                   

An Act to establish the Institute for Peace and Conflict Resolution; and for related
matters.

[2007 No. 75.]

[25th May, 2007]

[Commencement.]

ENACTED by the National Assembly of the Federal Republic of Nigeria.

PART I

Establishment of the Institute for Peace and Conflict Resolution (lPCR)

  1. Establishment of the Institute for Peace and Conflict Resolution

(1) There is established an Institute to be known as the Institute for Peace and Conflict Resolution (in this Act referred to as "the Institute").

(2) The Institute-

      (a) shall be a body corporate with perpetual succession and a common seal; and

      (b) may sue and be sued in its corporate name.

  1. Establishment of the Governing Council

There is established for the Institute a Governing Council (in this Act referred to as
"the Council").

  1. Membership of the Council

(1) The Council shall consist of-

      (a)     a Chairman;

      (b)     a representative of the Ministry of Foreign Affairs;

      (c)     a representative of the Ministry of Defence;

      (d)     a representative who shall be a woman;

      (e)     a representative from each of the six geo-political zones;

      (f)      a representative of the University community;

      (g)     a representative of civil society organisations;

      (h)      a representative ofthe Minister of lnternal Affairs;

       (i)        the Director-General of the Institute.

(2) The Chairman and other members of the Council shall be appointed by the Presi-
dent of the Federal Republic of Nigeria.

(3) The supplementary provisions set out in the Schedule to this Act shall have effect
with respect to the proceedings of the Council and the other matters contained therein.
[Schedule.]

  1. Tenure of Office, etc.

The Chairman and other members of the Council, other than ex officio members-

      (a)             shall hold Office for a period of 4 years on such terms and conditions as may
be specified in their letter of appointment; and

      (b)             may be re-appointed for another period of 4 years and no more.

5. Removal from Office

(1) Notwithstanding the provisions of section 4 of this Act, a member of the Council
may at any time be removed from Office by the President for inability to discharge the
functions of his Office (whether arising from infmnity of mind or body or any other
cause) or for misconduct.

(2) A member of the Council may resign his appointment by a notice in writing un-
der his hand addressed to the President and that member shall, on the date of the receipt
ofthe notice by the President cease to be a member of the Council.

6.Emolument, etc.

The Chairman and members of the Council shall be paid emoluments, allowances as
may be determined from time to time by the Revenue Mobilisation, Allocation and Fiscal
Commission.

PART II

Functions of the Council

7. Functions of the Council

(1) The Council shall be responsible for the determination of the overall policy of the
Institute and the formulation of long-term plans and budget and ensuring the implementa-
tion of such policies and plans.

(2) Without prejudice to the generality of subsection (1) of this section, the Council
shall-

                                (a)            approve the research and training programmes of the Institute;

      (b)              determine the fees to be paid for research, consultations, training and any other
services that may be offered by the Institute; and

      (c)              promote or undertake such other activities as are expedient or necessary in the
opinion of the Council for the discharge of its responsibilities under this Act.

PART III

Functions of the Institute

  1. Functions of the Institute

(1) The Institute shall be responsible for-

                                (a)            promoting peace and security internally within Nigeria and externally in Africa;

      (b)              conducting research into the cause, patterns, dynamics, factors and forces be-
hind conflicts and insecurity in Nigeria and Africa;

      (c)              publishing and disseminating case studies from its researches with a view to
offering insights into the success or failure in conflict resolution and peace
building;

      (d)              identifying these factors, issues, historical phases, capacities and the balance
of power of different groups in a conflict situation;

      (e)              promoting a culture of transparent, credible and peaceful democratic succes-
sion as a mechanism for conflict prevention;

      (f)              getting practically involved in the task of mediation, conflict management and
conflict resolution;

      (g)              encouraging the establishment of regional affiliates of the Institute in Africa
and other parts of the world and fostering collaboration with those affiliates;

      (h)              designing strategies for funding people-centred development programmes to
support peace;

      (i)               providing Government with relevant policy options on fundamental issues
required in designing an effective and durable peace process;

      (j)               initiating, encouraging, organising, hosting, arranging and conducting policy-
relevant courses, national or international seminars, symposia, conferences, and
workshops, training programmes and other actions that are incidental to peace
making and peace building as part of its intensive effort in capacity building;

                              (k)             carrying out other relevant activities that may be assigned to it by the President.

(2) Without prejudice to the generality of the functions specified in subsection (1) of
this section, the Institute shall take over the functions, assets and liabilities of the body
known and referred to as the Centre for Peace, Research and Conflict Resolution of the
National War College established under section 5 of the National War College Act.

PART IV

Staff of the Institute

  1. Director-General ofthe Institute

(1) There shall be for the Institute a Director-General who shall be appointed by the
President.

(2) The Director-General shall be the chief executive, chief research and accounting of-
ficer of the Institute, the head of the secretariat of the Council and shall be responsible for
the execution of the Policy and the day to day administration of the affairs of the Institute.

(3) The Director-General shall hold office-

      (a)              for a term of 4 years in the first instance 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 his letter of appointment.

10. Directorates, etc.

(1) The Institute shall have the following directorates-

      (a)            finance and administration;

      (b)            research and policy analysis;

      (c)             democracy and development studies;

      (d)             external conflict prevention and resolution;

      (e)              internal conflict prevention and resolution;

      (f)              defence and security studies;

      (g)              any such directorate as may be deemed necessary.

(2) A director shall hold office for a term of 4 years in the first instance and may be
re-appointed for a further term of one year at a time but not more than 2 renewals on
such terms and conditions as may be specified in his letter of appointment.

11. Other employees of the Institute

(1) The Council shall appoint for the Institute such officers and other employees as it
may, from time to time, deem necessary for the purposes of the Institute.

(2) The terms and conditions of service (including remuneration, allowances, bene-
fits and pensions) of officers and employees of the Institute shall be as determined by the
Council.

(3) Without prejudice to the generality of subsection (1) of this section, the Council
may appoint persons as employees of the Institute, either by way of transfer or second-
ment from any of the public services in the Federation or otherwise howsoever, as it con-
siders necessary.

12. Pensions

(1) It is hereby declared that service in the Institute shall be approved service for the
purpose of the Pension Reform Act 2004. Accordingly, employees of the Institute shall
be entitled to pensions, gratuities and other retirement benefits as are prescribed under
the said Pension Reform Act.

[Cap. P4.]

(2) Notwithstanding the provisions of subsection (1) of this section, nothing in this
Act shall prevent the appointment of a person to any office on terms which preclude the
grant of a pension, gratuity or other retirement benefit in respect of that office.

(3) For the purposes of the application of the provisions of this Act, any power exer-
cisable by the Council or any authority of the Federal Government, other than the power
to make regulation under the relevant section of the Act, is hereby vested in and shall be
exercisable by the Council and not by any other person or authority.

PART V

Financial Provisions

13. Financial provisions

(1) There shall be established and maintained for the Institute a fund into which shall

be paid and credited-

      (a)            all subventions and budgetary allocation from the Government of the Federation;

      (b)            the take off grant from the Federal Government;

      (c)             gifts, loans, grants-in-aid from national, bilateral and multilateral agencies;

      (d)              rent, fees and other internally generated revenues from service provided by the
Institute; and

      (e)             all other sums accruing to the Institute from time to time.

14. Expenditure oftbe Institute

The Institute may from time to time, apply the proceeds of the fund established in
pursuance of section 14 of this Act-

      (a)            to the cost of administration of the Institute;

      (b)             to the paying of the emoluments, allowances and benefits of members of the
Council and for reimbursing members of the Council or of any committee of
the Council for such expenses as may be expressly authorised by the Council;

      (c)              to the payment of the salaries, fees or other remuneration or allowances, gratui-
ties and pension and other benefits payable to the officers and other employees
of the Institute, so however that no payment of any kind under this paragraph
(except such as may be expressly authorised by the Council) shall be made to
any person who is in receipt of emoluments from the Federal or State Govern-
ment;

      (d)              for the development and maintenance of any property vested in or owned by
the Institute; and

      (e)              for and in connection with all or any of its functions under this Act.

15. Annual estimates and accounts

(1) The Institute shall, in each year, submit to the Minister an estimate of its expendi-
ture and income (including payments to the Institute's fund) for the next succeeding year.

(2) The Institute shall keep proper accounts in respect of each year and proper re-
cords in relation to those accounts and shall cause its accounts to be audited within six
months after the end of each year by auditors appointed and in accordance with the
guidelines supplied by the Auditor-General of the Federation.

16. Annual reports

The Institute shall prepare and submit to the Minister, not later than six months after
the end of each year, a report on the activities of the Institute during the immediate pre-
ceding year, and shall include in such report a copy of the audited accounts of the Insti-
tute for the year and the auditor's report on the accounts.

17. Power to accept gifts

(1) The Institute may accept any gift 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 Institute shall not accept any gift if the conditions attached by the person
or organisation offering the gift are inconsistent with the functions and objectives of the
Institute.

18. Power to borrow

(1) The Institute may from time to time, borrow money by overdraft or otherwise as
it may require for the performance of its functions under this Act.

 (2) The Institute shall not without the approval of the Council, borrow money which
exceeds, at any time, the amount set by the Council.

(3) Notwithstanding the provisions of subsection (1) of this section, where the sum to
be borrowed is in foreign currency, the Institute shall not borrow the sum without the
prior approval of the Federal Government of Nigeria.

19. Investment

The Institute may, subject to the provisions of this Act and the conditions of any trust
created in respect of any property, invest all or any of its funds in any security prescribed
by the Trustee Investments Act or in such other securities as may, from time to time, be
approved by the Council.

[Cap. T22.]

20. Exemption from tax

(1) The Institute shall be exempted from payment of income tax or any income ac-
cruing from investments made by the Council for the Institute.

(2) The provisions of any enactment relating to the taxation of companies or trust
funds shall not apply to the Institute or the Council.

PART VI

Legal Proceedings

21. General restrictions as to power of the Institute

Nothing in this Act shall be construed as conferring on the Institute or the Council the
power to express on any aspect of peace and conflict resolution on behalf of the Federal
Government.

22. Limitation of suit against the Institute

Subject to the provisions of this Act, the provisions of the Public Officers Protection Act
shall apply in relation to any suit instituted against an officer or employee of the Institute.
[Cap. P41.]

23. Service of documents

A notice, summons or other document required or authorised to be served on the Insti-
tute under the provision of this Act or any other enactment or law may be served by delivering it to the Director-General or by sending it by registered post addressed to the Director-
General at the principal office of the Institute.

24. Indemnity of officers

A member of the Council or the Director-General or any officer or employee of the
Institute shall be indemnified out of the assets of the Institute against any liability in-
curred by him in defending any proceeding, whether civil or criminal, if the proceeding
is brought against him in his capacity as a member, Director-General, officer or other
employees of the Institute.

25. Secrecy

(1) A member of the Council or the Director-General or any other officer or em-
ployee ofthe Institute shall-

      (a)             not, for his personal gain, make use of any information which has come to his
knowledge in the exercise of his powers or is obtained by him in the ordinary
course of his duty as a member of the Council or as the Director-General, offi-
cer or employee of the Institute;

      (b)              treat as confidential any information which has come to his knowledge in the
exercise of his powers or is obtained by him in the performance of his duties
under this Act;

      (c)              not disclose any information referred to under paragraph (b) of this subsection,
except when required to do so by a court or in such other circumstances as
may from time to time be prescribed by the Council.

(2) Any person who contravenes the provisions of subsection (1) of this section
commits an offence and is liable on conviction to a fine of not less than one hundred
thousand naira (N100,000) or imprisonment for a term not exceeding 2 years or both
such fme and imprisonment.

26. StafT regulations

(1) The Council may, subject to the provisions of this Act, make staff regulations re-
lating generally to the conditions of service of the officers and employees as determined
by the Council and without prejudice to the generality of the foregoing, such regulations
may provide for-

      (a)             the appointment, promotion and disciplinary control (including dismissal) of
the officers and employees of the Institutes;

      (b)              appeals by such officers and employees against dismissal or other disciplinary
measures,

and until such regulations are made any instrument relating to the conditions of service in
the civil service of the Federation shall be applicable, with such modifications as may be
necessary, to the officers and employees of the Institute.

(2) Staff regulations made under subsection (1) of this section, shall not have effect un-
til approved by the Council, and when so approved they need not be published in the Fed-
eral Gazette but the Council shall cause them to be brought to the notice of all affected per-
sons in such manner as it may, from time to time, be determined by the Council.

PART VII

General

27. Provision of library facilities

The Institute shall provide and maintain a library comprising such books and publica-
tions as may be provided by the Institute for the advancement of the knowledge of peace
and conflict resolution, for research purposes, and for other purposes connected with the
objectives and functions of the Institute.

PART VIII

Miscellaneous

28. Dissolution ofSani Abacha Foundation for Peace and Unity

The body known and referred to as "The Sani Abacha Foundation for Peace and
Unity" (in this section referred to as "the Foundation") which had been voluntarily ceded
to the Federal Government of Nigeria shall cease to exist and by this Act be replaced by
the "Institute for Peace and Conflict Resolution".

29. Transfer of rights, etc.

(1) Accordingly, the functions, rights, interests, obligations and liabilities of the
Foundation, existing before commencement of this Act under any contract or instrument,
or in law or in equity shall by virtue of this Act be deemed to have been assigned to and
vested in the Institute.

(2) Any such contract or instrument mentioned in subsection (1) of this section shall
be of the same force and effect against or in favour of the Institute established by this Act
and shall be enforceable as fully and effectively as if instead of the conditions existing
before the commencement of this Act, the Institute established by this Act had been
named therein or had been a party thereto.

30. Obligations and liabilities

The Institute established by this Act shall be subject to all the obligations and liabili-
ties to which the Foundation was subject to immediately before the commencement of
this Act and all other persons shall have the same rights, powers and remedies against the
Institute as they had against the Foundation.

31. Pending or existing proceedings or cause of action

Any proceeding or cause of action pending immediately before the commencement of
this Act by or against the Foundation in respect of any right, interest, obligation or liabil-
ity of the Foundation may be continued or as the case may be commenced and any de-
termination of the court of law, tribunal or other authority or person may be enforced by
or against the Institute established by this Act to the same extent that such proceeding or
cause of action or determination might have been continued, commenced or enforced by
or against the Foundation.

32. Vesting of assets

All assets, funds, resources and other movable or immovable property which immedi-
ately before commencement of this Act were vested in the Foundation shall by virtue of
this Act and without further assurance, be vested in the Institute.

33. Holders of Office in the Foundation to continue in the Institute

Any person who immediately before the coming into force of this Act is the holder of
an Office in the Foundation shall on the commencement of this Act continue in Office
and be deemed to have been appointed to his Office by the Institute, unless the authority
by which the person was appointed terminates the appointment.

34. Directives by the Council, etc.

The Minister may give such directives of a general nature or relating generally to
matters of policy with regard to the exercise by the Council of its functions under this
Act and the Council shall comply with the directives or cause them to be complied with.

35. Regulations

The Institute may, with the approval of the Council, make such regulation as in its
opinion are necessary or expedient to give full effect to the provisions of this Act and for
the due administration of its provisions.

36. Interpretation 
In this Act-

"Board of Trustees" means former Trustees of the Sani Abacha Foundation for
Peace and Unity;

"Council" means the Governing Council of the Institute established pursuant to sec-
tion 2 of this Act;

"Institute" means the Institute for Peace and Conflict Resolution established under
section 1 of this Act;

"member" includes the Chairman of the Council;

"Minister" means the Minister charged with the responsibility for matters relating to
Peace and Conflict Resolution;

"President" means the President of the Federal Republic of Nigeria.

37. Short title

This Act may be cited as the Institute for Peace and Conflict Resolution (Establish-
ment) Act, 2007.

SCHEDULE
[Section 3 (3).]

Supplementary Provisions relating to the Council, etc.

Proceedings of the Council

1. Subject to this Act and section 27 of the Interpretation Act (which provides for decisions
of a statutory body to be taken by majority of its members and for the person presiding at any
meeting, when a vote is ordered, to have a second or casting vote), the Council may make
standing orders regulating its proceedings or that of any of its committees.

[Cap. 123.]

2. At every meeting of the Council, the Chairman shall preside and in his absence the mem-
bers present at the meeting shall appoint one of their members to preside at the meeting.

3. The quorum at a meeting of the Council shall consist of the Chairman (or, in an appropri-
ate case, the person presiding at the meeting) and 5 other members.

4. The Council shall for the purposes of this Act, meet not less than three times in each year
and subject, thereto, the Council shall meet whenever it is summoned by the Chairman, and if
required to do so, by notice given to him by not less than 8 other members, he shall summon a
meeting of the Council to be held within 14 days from the date on which the notice is given.

5. Where the Council desires to obtain the advice of any person on a particular matter, the
Council may eo-opt him to the Council for such period as it thinks fit, but a person who is a
member by virtue of this paragraph shall not be entitled to vote at any meeting of the Council
and shall not count towards a quorum.

6. A member of the Council who is directly or indirectly interested in any matter being delib-
erated on by the Council, or is interested in any contract made or proposed to be made by the
Institute shall, as soon as possible after the relevant facts have come to his knowledge disclose
the nature of his interest at a meeting of the Council.

7. A disclosure under this paragraph shall be recorded in the Minutes of Meetings of the
Council and the member concerned shall-

                (a)                    not, after the disclosure, take part in any deliberation or decision of the Coun-
cil; and

                (b)                    be excluded for the purpose of constituting a quorum of any meeting of the
Council for any deliberation or decision, with regard to the subject-matter in
respect of which his interest is so disclosed.

8. Committees

(1) Subject to its standing orders, the Council may appoint such number of standing and
ad hoc committees as it thinks fit to consider and report on any matter with which the Institute
is concerned.

(2) A committee appointed under this paragraph shall consist of such number of persons
(not necessarily members of the Council as may be determined by the Council) and a person,
other than a member of the Council shall hold office on the committee in accordance with the
terms of his appointment and the committee shall be presided over by a member ofthe Council.

(3) The quorum of any committee set up by the Council shall be as may be determined
by the Council.

(4) A decision ofa committee of the Council shall be of no of effect until it is confirmed
by the Council.

9. Miscellaneous

The fixing of the seal of the Institute shall be authenticated by the signature of the Chair-
man or any other person-generally or specifically authorised by the Council, to act for that
purpose and that of the Director-General.

10. Any contract or instrument which, if made 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 Institute by the
Director-General or by any other person generally or specially authorised by the Council to
act for that purpose.

11. Any document purporting to be a contract, instrument or other document duly signed or
sealed on behalf of the Institute shall be received in evidence and shall, unless the contrary is
proved, be presumed without further proof to have been so signed or sealed.

12. The validity of any proceedings of the Council or of any of its committees shall not be
affected by-

(a)           any vacancy in the membership of the Council, or committee;

(b)           any defect in the appointment of a member, of the Council or committee; or
(c)            reason that any person not entitled to do so took part in the proceedings of the
                Council or committee.

13. A member of a committee who has a personal interest in any contract or arrangement
entered into or proposed to be considered by the committee shall not vote on any question
relating to the contract or arrangement.

14. No member of the Council shall be personally liable for any act or omission done or
made in good faith while engaged in the business of the Institute.                                                                  

                   INSTITUTE FOR PEACE AND CONFUCT RESOLUTION (EST ABUSHMENT) ACT
                                                                       

                                                         SUBSIDIARY LEGISLATION

                                                           No Subsidiary Legislation