The Complete 2004 Laws of Nigeria

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MARITIME ACADEMY OF NIGERIA ACT

ARRANGEMENT OF SECTIONS                                                                            

Establishment of the Maritime Academy of Nigeria

SECTION

  1. Establishment of the Maritime Academy of Nigeria.
  2. Governing Council of the Academy and membership.
  3. Functions of the Academy.
  4. Powers of the Council.
  5. Powers of the Academy.
  6. Establishment of Academic Board.

Staff of the Academy

    7.   Appointment of the Rector.

    8.   Appointment of other staff of the Academy.

    9.   Pensions.

Financial provisions

   10.  Establishment of fund of the Academy.

   11.  Power to accept gifts.

   12.  Borrowing power.

   13.  Annual estimates, accounts and audit.

Miscellaneous and supplementary

   14.  Annual reports.

   15.  Staff Regulations.

   16.  Discipline of students.

   17.  Exclusion of discrimination on account of race, religion, etc.

   18.  Interpretation.

   19.  Short title.

SCHEDULE

Supplementary provisions relating to the Council

 

MARITIME ACADEMY OF NIGERIA ACT

An Act, amongst other things, to establish the Maritime Academy of Nigeria to pro-
vide courses of instruction and training, inter alia, in marine technology, applied
research in maritime technology and other relevant fields of applied maritime
sciences.

[1988 No. 16.]

[20th April, 1988]

[Commencement.)

Establishment of the Maritime Academy of Nigeria

  1. Establishment of the Maritime Academy of Nigeria

(1) There is hereby established a body to be known as the Maritime Academy of Ni-
geria (in this Act referred to as "the Academy") which shall have the functions assigned
to it by this Act.

(2) The Academy shall be a body corporate with perpetual succession and a common
seal and shall have power to acquire and dispose of interests in movable and immovable
property and may sue and be sued in its corporate name.

(3) The Academy shall consist of-

      (a)          the nautical department;

      (b)         the marine engineering department;

       (c)         the radio and electronics department;

      (d)         the maritime studies department;

       (e)         the general studies department;

       (f)         the research institute;

      (g)        the specialised seamen training centre;

      (h)        the cadets regiment; and

       (i)         such other educational units or departments or variations of the above as may,

                   subject to this Act, be established from time to time by the Governing Council.

       2.  Governing Council of the Academy and membership

       (1) The affairs and running of the Academy shall vest in the Governing Council of
the Academy (in this Act referred to as "the Council").

(2) Without prejudice to the generality of subsection (1) of this section, it shall be the
responsibility of the Council to consider and approve-

      (a)         the objectives and the plan of activities of the Academy;

     (b)         the programme of studies, courses and research to be undertaken by the Academy;

     (c)         the annual estimates of the Academy; and

      (d)         the investment plans of the Academy.

(3) The Council shall consist of a chairman to be appointed by the President, on the
recommendation of the Minister and the following other members, that is-

      (a)         one representative of the Ministry charged with responsibility for matters relating to the Academy;

      (b)         one representative of the Nigerian Navy;

      (c)         one representative of the Academic Board of the Academy;

      (d)         the Rector of the Academy;

      (e)         one representative of the Federal Ministry of Education;

      (f)          one representative of the Federal Ministry of Communications;

      (g)          one representative of the Nigerian National Shipping Line Limited;

      (h)         one representative of the Nigerian Ports Authority;

       (i)          one representative of the Institute of Oceanography; and

      (j)         three other persons to be appointed by the President, on the recommendation of the Minister.

(4) The President, may terminate the appointment of a member of the Council (not
being an ex-officio member) if he is satisfied that it is not in the interest of the Academy
that the person concerned should continue in office.

(5) The supplementary provisions contained in the Schedule to this Act shall have ef-
fect with respect to the proceedings of the Council and the other matters therein men-
tioned.

[Schedule.]

  1. Functions of the Academy

The functions of the Academy shall be-

      (a)              to admit and train the various levels of personnel required for running and op-
erating ships of the merchant navy;

      (b)              to train technical manpower for ports, marine engineering, workshops, piloting
and navigation, marine insurance, hydrography and other related services; and

      (c)              to provide such other forms of instructions as the Academy may, from time to
time, decide to undertake.

  1. Powers of the Council

(1) For the carrying out of the functions of the Academy as specified in this Act, the
Council shall have power to--

      (a)              establish such campuses, departments, divisions, institutes, schools, extra-
mural departments and other teaching and research units within the Academy
as may from time to time seem to the Council to be necessary or desirable;

       (b)             institute lectureships and other posts and offices and make appointments
thereto;

      (c)              institute and award scholarship, and bursaries, on the advice of the Academic
Board;

      (d)              provide for the discipline and welfare of members of the Academy including
the cadet regiment;

      (e)              erect, provide, equip and maintain libraries, laboratories, lecture halls, halls of
residence, refectories, sports grounds, playing fields and other buildings or structures necessary for the Academy;

      (f)              carry out such other activities as are necessary and expedient for the full discharge of any of its functions under or pursuant to this Act.

(2) Notwithstanding any other provision of this Act, the Council may only establish
additional educational units within the Academy with the prior approval of the Minister.

  1. Powers of the Academy

(1) For the carrying out of its functions as specified in this Act the Academy shall
have power-

      (a)              to provide courses of instruction and training-

                                       (i)              in marine technology, including marine engineering, navigation, ap-
plied maritime sciences, shipping business and the management thereof and any other courses as may be approved by the Council from time to time;

                                      (ii)             in maritime sciences related to the needs and development of Nigeria in
areas associated with maritime affairs; and

                                                                       (iii)             in applied research in maritime technology and related activities;

      (b)             to arrange conferences and seminars;

      (c)             to encourage and promote in-service training and study groups;

      (d)              to hold examinations and grant or award diplomas, and other distinctions to
persons who have pursued a course of study approved by the Council and have
satisfied such other requirements as the Council may lay down;

      (e)             to demand and receive from any student or any other person attending the
Academy for the purpose of instruction such fees as the Council may, with the
prior approval of the Minister, from to time to time, determine;

                               (f)              to hold public lectures and undertake printing, publishing and bookselling;

                               (g)             to make gifts for any charitable purpose;

      (h)              to undertake any other activity appropriate for a maritime academy of the
highest standard.

  1. Establishment of Academic Board

(1) There shall be established an Academic Board which shall be responsible for the
general direction and management of academic matters and other subjects referred to it
from time to time by the Council.

(2) Membership of the Board shall consist of-

       (a)              the Rector as the chairman;

       (b)              the Director of Education;

       (c)                the Heads of the Academic Departments; and

       (d)                 such other members of the teaching staff as may be approved from time to time by the Council.
 

   Staff of the Academy

  1. Appointment of the Rector

(1) There shall be an officer of the Academy to be known as the Rector, who shall be
appointed by the President, Commander-in-Chief of the Armed Forces, on the recom-
mendation of the Minister.

(2) The Rector shall be the chief executive of the Academy and shall be responsible
to the Council for the day-to-day management of the affairs of the Academy.

(3) The Rector shall hold office for four years in the first instance and shall be eligi-
ble for reappointment for only one further term of four years subject to the approval of
the President, Commander-in-Chief of the Armed Forces on the recommendation of the
Minister.

  1. Appointment of other staff of the Academy

(1) There shall be appointed by the Council the following officers of the Academy,

that is-

      (a)          the Registrar;

      (b)         the Director of Education and Planning;

       (c)         the Director of Research;

      (d)         the Bursar;

       (e)         the Director of Works and Services; and

       (f)         the Regimental Unit Commander who shall be a serving officer in the Nigerian
Navy.

(2) The Registrar shall be responsible to the Rector for the day-to-day administration
of the Academy and shall be the Secretary to the Council and the Academic Board.

(3) The Director of Education and Planning shall be responsible to the Rector for
educational and physical planing, organising, co-ordinating and conducting the courses
and other studies undertaken by the Academy including collation and publication of
course materials and other written matters relating thereto.

(4) The Director of Research shall be responsible to the Rector for co-ordinating the
research staff and research projects of the Academy including collation and publication of
research materials.

(5) The Bursar shall be responsible to the Rector for the finances and accounts of the
Academy.

(6) The Director of Works and Services shall be responsible to the Rector for the
general maintenance and repairs of the assets and properties of the Academy.

 (7) The Regimental Unit Commander shall be responsible to the Rector for the disci-
pline, welfare and extra-curricular activities of the cadet regiment.

(8) There may be appointed from time to time by the Council such other staff as may
be required for the purposes of the efficient performance of the functions conferred on the
Academy under or pursuant to this Act.

9. Pensions

(1) It is hereby declared that service in the Academy shall be approved service for
the purposes of the Pensions Act and, accordingly, officers and other persons employed
in the Academy shall in respect of their service in the Academy be entitled to pensions,
gratuities and other retirement benefits as are prescribed thereunder, so however, that
nothing in this Act shall prevent the appointment of a person to any office on terms which
preclude the grant of a pension and gratuity in respect of that office.

[Cap. P4.)

(2) For the purpose of the application of the provisions of the Pensions Act, any
power exercisable thereunder by a Minister or other authority of the Government of the
Federation (not being the power to make regulations under section 23 thereof), is hereby
vested in and shall be exercisable by the Council and not by any other person or authority.

Financial provisions

10. Establishment of fund of the Academy

(1) The Academy shall establish and maintain a fund which shall be appl ied towards
the promotion of the objectives specified in this Act.

(2) There shall be paid and credited to the fund established pursuant to subsection (l)
of this section-

      (a)              such sums as may be provided by the Government of the Federation for pay-
ment into the fund;

                               (b)             any fees charged for services rendered by the Academy; and

      (c)              all other sums accruing to the Academy by way of gifts, testamentary disposition and endowments or contributions from philanthropic persons or organisa-
tions or otherwise howsoever.

11. Power to accept gifts

(1) The Academy may accept gifts of land, money or other property upon such terms
and conditions, if any, as may be specified by the person or organisation making the gift.

(2) The Academy shall not accept any gift if the conditions attached by the person or
organisation making the gift to the acceptance thereof are inconsistent with the aims and
objecti ves of the Academy.

12. Borrowing power

(1) The Council may with the consent or in accordance with any general authority
given by the Minister borrow by way of loan or overdraft from any source any moneys

required by the Academy for meeting its obligations and discharging its functions under
this Act.

(2) The Council 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.

(3) The Council may invest any surplus funds of the Academy in securities pre-
scribed by the Trustee Investment Act or such other securities as may from time to time
be approved by the Minister.

[Cap. T22.]

13. Annual estimates, accounts and audit

(1) The Council shall cause to be prepared not later than six months before the end of
each financial year or such other time as the Minister may direct, an estimate of the ex-
penditure and income of the Academy during the next succeeding financial year and
when prepared they shall be submitted through the Minister for approval by the President.

(2) The Council shall cause to be kept proper accounts and proper records in relation
thereto and when certified by the Council such accounts shall be audited as provided in
subsection (3) of this section.

(3) The accounts of the Academy shall be audited within six months after the end of
each financial year by auditors appointed by the Council from the list of qualified audi-
tors to be provided by the Auditor-General for the Federation and the fee of the auditors
and expenses for the audit generally shall be paid from the funds of the Academy in ac-
cordance with the guidelines on the level of fees to be paid to the external auditors as
provided by the Auditor-General of the Federation.

(4) The Auditor-General for the Federation shall comment on the annual accounts of
the Academy and the auditors' report there on and thereafter shall submit his report to the
National Assembly.

Miscellaneous and supplementary

14. Annual reports

The Council shall, not later than six months after the end of each financial year, sub-
mit through the Minister to the President, a report on the activities of the Academy and its
administration during the immediately preceding year and shall include in such report the
audited accounts of the Academy and the auditor's comments thereon.

15. Staff regulations

(1) The Academy may, subject to the provisions of this Act, make staff regulations
relating generally to the conditions of service of the employees of the Academy and,
without prejudice to the generality of the foregoing, such regulations may provide for-

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

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

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

(2) There shall be established an Accounting Manual for the Academy.

(3) Staff regulations and the Accounting Manual made under subsections (I) and (2)
of this section shall not have effect until approved by the Minister, and when so approved
they need not be published in the Federal Gazette but the Council shall cause them to be
brought to the notice of all affected persons in such manner as it may from time to time
determine.

16. Discipline of students

(1) Subject to the provisions of this section, where it appears to the Rector that any
student of the Academy has been guilty of misconduct, the Rector may, without prejudice
to any other disciplinary powers conferred on him by rules made pursuant to this Act,
direct-

      (a)              that the student shall not, during such period as may be specified in the direc-
tion, participate in such activities of the Academy; or

      (b)              that the activities of the student shall, during such period as may be specified
in the direction, be restricted in such manner as he may deem fit; or

      (c)              that the student be rusticated for such period as may be specified in the direc-
tion; or

      (d)              that the student be expelled from the Academy on the advice of a disciplinary
board.

(2) No student shall be expelled from the Academy in accordance with the provisions
of subsection (1) (d) of this section without him being given a fair hearing and allowed to
put forward his representations.

(3) Where a direction is given under subsection (1) of this section in respect of any
student, the student may, within the prescribed period and in the prescribed manner, ap-
peal from the direction to the Council; and where such an appeal is brought, the Council
shall, after causing such inquiry to be made in the matter as the Council considers just,
either confirm or set aside the direction or modify it in such manner as the Council thinks
fit.

(4) The fact that an appeal from a direction is brought in pursuance of subsection (3)
of this section shall not affect the operation of the direction while the appeal is pending.

(5) The Rector may delegate his powers under this section to a disciplinary board
consisting of such members of the Academy as he may nominate.

(6) Nothing in this section shall be construed as preventing the restriction or termina-
tion of a student's activities at the Academy otherwise than on the ground of misconduct.

(7) It is hereby declared that a direction under subsection (1) (a) of this section may
be combined with a direction under subsection (1) (b) of this section.

17. Restriction on disposal of land by Academy

Without prejudice to the provisions of the Land Use Act, the Academy shall not dis-
pose of or charge any interest vested in it relating to any land except with the prior writ-
ten consent, either general or special, of the Minister charged with responsibility for
matters relating to Federal lands.

[Cap. L5.]

18. Interpretation

In this Act, unless the context otherwise requires-

"Academy" means the Maritime Academy of Nigeria established by section I of this
Act;

"Council" means the Governing Council of the Academy established for the Acad-
emy by section 2 of this Act;

"member" means a member of the Council including the chairman;

"Minister" means the Minister of the Government of the Federation for the time be-
ing charged with responsibility for matters relating to the Academy;

"notice" means a notice in writing;

"prescribed" means prescribed by statute or regulations;

"property" includes rights, liabilities and obligations;

"student" means a person in statu pupillari at the Academy and includes a cadet.

19. Short title

This Act may be cited as the Maritime Academy of Nigeria Act.

SCHEDULE

Supplementary provisions relating to the Council

Proceedings of the Council

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

(2) The quorum at any meeting of the Council shall be five and the quorum of any
committee of the Council shall be determined by the Council.

2. (1) The Council shall meet not less than four times in each year and, subject thereto, 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 five other members, he shall summon a meet-
ing of the Council to be held within fourteen days from the date on which the notice is given.

(2) At any meeting of the Council the chairman shall preside but if he is absent, the
members present at the meeting shall appoint one of their number to preside at that meeting.

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

(4) Notwithstanding anything in the foregoing provisions of this paragraph, the first
meeting of the Council shall be summoned by the Minister.

(5) The validity of any proceedings of the Council or of a committee thereof shall not be
affected by any vacancy in the membership of the Council or committee, or by any defect in
the appointment of a member of the Council or committee, or by reason that a person not en-
titled to do so took part in the proceedings.

Committees

3. (1) The Council may appoint one or more committees to carry out, on behalf of the Council, such of its functions as the Council may determine.

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

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

Miscellaneous

4. (1) The fixing of the seal of the Academy shall be authenticated by the signature of the
chairman and of some other member authorised generally or specially to act for the purpose
by the Council.

(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
Academy by the Rector or any person generally or specially authorised to act for that purpose
by the Council.

(3) Any document purporting to be a document duly executed under the seal of the
Academy shall be received in evidence and shall, unless the contrary is proved, be presumed
to be so executed.

S. Members of the Council who are not public officers shall be paid out of moneys at the
disposal of the Council such remuneration, fees or allowances in accordance with such scales
as may be approved from time to time by the President.

6. Any member of the Council or a committee thereof who has a personal interest in any
contract or arrangement entered into or proposed to be considered by the Council or a com-
mittee thereof shall forthwith disclose his interest to the Council and shall not vote on any
question relating to such contract or arrangement.

 

                                                              MARITIME ACADEMY OF NIGERIA ACT

                                                             SUBSIDIARY LEGISLATION

                                                        NSubsidiarLegislation