The Complete 2004 Laws of Nigeria

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NATIONAL ASSEMBLY SERVICE COMMISSION ACT

ARRANGEMENT OF SECTIONS

SECTION

I.    Repeal of Cap. 236 L.F.N. 1990.

  1. Establishment of the National Assembly Service Commission.
  2. Membership of the Commission.
  3. Qualification for Membership.
  4. Removal from office.
  5. Appointment of secretary to the Commission.
  6. Functions of the Commission.
  7. Power of delegation and certain restrictions thereon.
  8. Staff of the National Assembly Prescribed.
  9. Appointment of Acting Clerk to the National Assembly.
  10. Removal from office of the Clerk to the National Assembly.
  11. Pension.
  12. Staffregulations.
  13. Fund of the Commission.
  14. Annual estimates and expenditures.
  15. Borrowing.
  16. Offices and premises of the Commission.
  17. Interpretation.
  18. Short title.

 

SCHEDULES

FIRST SCHEDULE

Proceedings of the Commission

SECOND SCHEDULE

Staff of the National Assembly

 

An Act to repeal the National Assembly Service Commission Act and provide for
the establishment of a new Commission; and for matters connected therewith.
[2000 No. 7.]

[30th October, 2000]

[Commencement.]

Establishment of the National Assembly Service Commission

  1. Repeal of Cap. 236 L.F.N. 1990

The National Assembly Service Commission Act is hereby repealed.

  1. Establishment of National Assembly Service Commission

(1) There is established a body to be known as the National Assembly Service Com-
mission (in this Act referred to as "the Commission").

(2) The Commission shall be a body corporate with perpetual succession and shall
have power to sue and be sued.

  1. Membership of the Commission

(1) The Commission shall comprise a chairman and twelve other members.
(2) The chairman shall be the chief executive of the Commission.

(3) The President of the Senate shall, upon consultation with the Speaker of the
House of Representatives, submit to the President a proposed list out of which the Presi-
dent shall nominate for appointment a chairman and members of the Commission.

(4) The President shall appoint the chairman and members of the Commission from
the list submitted to him in accordance with the provision of subsection (3) of this section
subject to the confirmation of such appointment by the Senate.

(5) At least two members of the Commission shall be drawn from each of the six
geo-political zones of Nigeria.

(6) A member of the Commission shall hold office for a period of five years from the
date of his appointment and he may be re-appointed for another one term only.

(7) The provisions of the First Schedule to this Act shall have effect with respect to
the proceedings of the Commission or any of its committees and other matters.

[First Schedule.]

(8) Where a vacancy occurs in the membership of the Commission, it shall be filled
by the appointment of a successor in accordance with the provisions of subsection (4) of
section 3 to hold office for the remainder of the term of office of his predecessor and such
a successor shall represent the same geo-political interest.

(9) The composition of the Commission, the staff and the conduct of its affairs shall
reflect the federal character of Nigeria as enshrined in section 14 (3) of the Constitution
of the Federal Republic of Nigeria 1999.

[Cap. C23.]

  1. Qualification for membership

(1) No person shall be qualified for appointment as a member of the Commission,
if-

 (a)        he is not quali fied or if he is disqualified for election as a member of the House
of Representatives;

     (b)       within the preceding ten years, he has been removed as a member of any of the bodies established by section 153 of the Constitution of the Federal Republic
      of Nigeria 1999, or as the holder of any other office on the ground of misconduct.
    
                      

[Cap. C23.]

(2) Any person employed in the public service of the Federation or of a State shall
not be disqualified for appointment as a chairman or member of the Commission.

(3) Where such person has been duly appointed on a full-time basis, he shall, on his
appointment, be deemed to have resigned or retired from his former office as from the
date of his appointment.

5. Removal from office

(1) The chairman or any member of the Commission shall be removed from that of-
fice by the President acting upon an address supported by two-thirds majority of each
House of the National Assembly praying that he be so removed for inability to discharge
the functions of the office (whether arising from infirmity of mind or body or any other
cause) or for misconduct.

(2) Notwithstanding the provisions of subsection (1) of this section, the chairman or
any member of the Commission shall be removed from office by the National Assembly
upon a resolution by two-thirds majority of the members of each House of the National
Assembly praying that he be so removed for inability to discharge the functions of the
office or for misconduct.

(3) A member of the Commission shall cease to be a member if any circumstances
arise that, if he were not a member of the Commission, would cause him to be disquali-
fied for appointment as such a member.

(4) Upon the coming into force of this Act, or upon the expiration of the life of the
Commission at any time or upon a vacancy occurring in the membership of the Commis-
sion, the President shall send the appropriate nominations to the National Assembly
within thirty days of being requested so to do.

  1. Appointment of secretary to the Commission

(1) There shall be a secretary to the Commission who shall be appointed by the
Commission and shall-

               (a)        be a senior officer not below the rank of a Director in the civil service of theFederation;
              (b)         be the accounting officer of the Commission; and

 (c)          hold office on such terms and conditions as to emoluments and other condi-  tions of service as may be approved by the National Assembly.
      

(2) The secretary shall, subject to the general direction of the Commission, be re-
sponsible-

            (a)           for the day-to-day administration of the Commission; and

            (b)           for keeping the books and proper records of proceedings of the Commission.

7. Functions of the Commission

(1) The Commission shall-

       (a)      formulate and implement guidelines for its functions;

       (b)      appoint persons to hold or act in the office of-

(i)     the Clerk to the National Assembly;

   (ii)   the Deputy Clerk to the National Assembly;
  (iii)   the Clerk of the Senate;

  (iv)    the Clerk of the House of Representatives;
  (v)     the Deputy Clerk of the Senate;

  (vi)      the Deputy Clerk of the House of Representatives; and
  (vii)     all other offices in the service of the National Assembly.

(2) The Commission may-

       (a)       make appointments on promotion and transfer and confirm such appointments; and
      (b)       dismiss and exercise disciplinary control over persons holding or acting in such offices.
 

(3) Where the Commission thinks it expedient that any vacancy in the staff of the
National Assembly should be filled by a person holding office in the civil service of the
Federation or of a State, it shall notify the appropriate Civil Service Commission to that
effect and the Commission may, after consultation with the Civil Service Commission
concerned, cause such vacancy to be filled by way of secondment or transfer.

(4) Where any member of a civil service is seconded under subsection (3) of this
section, he shall be notified of the terms and conditions of the secondment and the sec-
ondment shall be without prejudice to any pension rights which, but for the secondment,
would have accrued to him.

(5) A person seconded pursuant to subsection (3) of this section, may elect, subject to
the approval of the Commission, to be transferred to the service of the National Assem-
bly, in which case any previous service in the Civil Service concerned shall count as
service for the purposes of pension subsequently payable by the Commission.

(6) A member of staff of the National Assembly may elect to transfer or be seconded
to any other public service of the Federation and such right of transfer or secondment
shall not operate to the disadvantage of the officer concerned.

(7) In exercising its powers to make appointments or exercise disciplinary control
over persons, the Commission shall not be subject to the direction or control of any other
authority or person.

(8) The Commission shall have power to pay its staff such remunerations as may be
approved by the National Assembly.

  1. Power of delegation and certain restrictions thereon

(1) The Commission may, subject to such conditions as it may think fit, delegate any
of its powers under section 7 of this Act to-

      (a)        any of its members; or

      (b)        a committee consisting of such persons (one of whom shall be named as
                   chairman) as may be prescribed by the Commission; or

     (c)        the Clerk of the National Assembly or to any other officer in the service of the National Assembly, but no such delegation shall preclude the exercise by the Commission of any power
vested in it by this Act.

(2) Notwithstanding subsection (1) of this section or any other provision of this Act,
the Commission shall not delegate any of its powers in respect of offices of the Clerk to
the National Assembly, the Deputy Clerk to the National Assembly, the Clerk of the Sen-
ate, the Clerk of the House of Representatives, the Deputy Clerk of the Senate, the Dep-
uty Clerk of the House of Representatives and such other staff below Grade Level 08.

  1. Staff of the National Assembly prescribed

The staff of the National Assembly shall comprise-

       (a)        the Clerk to the National Assembly;

       (b)       the Deputy Clerk to the National Assembly;

       (c)        the Clerk of the Senate;

       (d)       the Clerk of the House of Representatives;

       (e)        the Deputy Clerk of the Senate;

       (j)        the Deputy Clerk of the House of Representati ves; and

       (g)       holders of the offices set out in the Second Schedule to this Act.

[Second Schedule.]

10. Appointment of Acting Clerk to the National Assembly

Except by a resolution of each House of the National Assembly, no person shall act in
the office of the Clerk to the National Assembly for a period exceeding six months.

11. Removal from office of the Clerk to the National Assembly

Notwithstanding the provisions of section 7 (2) (b) of this Act, a person holding the
office of the Clerk to the National Assembly shall only be removed by the Commission
acting on an address supported by a simple majority of each House of the National As-
sembly praying that he be so removed for inability to discharge the functions of his office
due to infirmity of the mind or body or any other cause or for misconduct.

12. Pension

(1) Notwithstanding the provisions of the Pensions Act, it is hereby declared that
service in the National Assembly shall be approved service in the public service of the
Federation for the purposes of that Act and, accordingly, officers and other staff of the
National Assembly shall in respect of their services in the National Assembly be entitled
to such pensions, gratuities and other retirement benefits as are prescribed in that Act.

[Cap. P4.]

(2) For the purposes of the application of the provisions of the Pensions Act, any
power exercisable by a Minister or other authority of the Government of the Federation

 (not being the power to make regulations under section 23 of that Act) are hereby vested
in and shall be exercisable by the Commission and not by any other person or authority.

(3) Nothing in the foregoing provisions of this section shall prevent the appointment
of a person to any office in the National Assembly on terms which preclude the grant of a
pension or gratuity in respect of service in that office.

13. Staff regulations

(1) Subject to the provisions of this Act, the Commission may make regulations re-
lating generally to the conditions of service, including the power to fix salaries and al-
lowances, of the staff of the National Assembly and, without prejudice to the generality
of the foregoing, such regulations may provide for-

              (a)        the composition of membership of the committee referred to in section 8 of this Act;
             (b)        the appointment, promotion, and disciplinary control (including dismissal) of staff of the National Assembly; and
             (c)        appeals by such staff against dismissal or other disciplinary measures and until such regulations are made, any instruments relating to the conditions of service
of persons in the service of the Federation shall, with such modifications as may be necessary, be applicable to the staff of the National Assembly.

(2) Any regulation made under subsection (l) of this section need not be published in
the Federal Gazette but the Commission shall cause them to be laid before each House of
the National Assembly and to be brought to the notice of all affected persons through
publications in the House Journal of either the Senate or the House of Representatives or
in such manner as it may, from time to time, determine.

14. Fund of the Commission

(1) The National Assembly shall establish a fund for the Commission and provision
for the fund shall be made in the annual budget of the National Assembly.

(2) There shall be paid and credited to the Fund established pursuant to subsection (1)
of this section-

      (a)        such monies as may, from time to time, be granted or deposited with the
Commission by the National Assembly or any body or institution within Nige-
na;

      (b)        all monies raised for the purposes of the Commission by way of gifts loans,
grants-in-aid, testamentary dispositions or otherwise; and

     (c)        proceeds from all other assets that may, from time to time, accrue to the Corn-
nussion.

(3) The Commission shall defray from the fund all expenditure incurred by it and
shall include-

 

      (a) the cost of administration;

(b) the payment of salaries, fees or other remuneration or allowances and pensions
and gratuities payable to members and employees of the Commission; and

(c) anything done in connection with any of its functions under this Act

15. Annual estimates and expenditures

(1) The Commission shall not later than 30 September in each year, submit to the
National Assembly an estimate of its income and expenditure of the Commission during
the next succeeding year.

(2) The Commission shall cause to be kept proper accounts of the Commission in re-
spect of each year and proper records of such accounts which shall be audited not later
than six months after the end of each year by auditors appointed by the National Assem-
bly from the list and in accordance with the guidelines supplied by the Auditor-General
for the Federation.

16. Borrowing

The Commission may, subject to the approval of each House of the National Assem-
bly, borrow by way of loan or overdraft from any source within Nigeria any sums re-
quired by the Commission for meeting its obligations and discharging its functions under
this Act.

17. Offices and premises of the Commission

For the purpose of providing offices and premises necessary for the performance of its
functions under this Act, the Commission may, subject to the Land Use Act-

[Cap. L5.]

       (a) purchase or take on lease any interest in land, or other property; and

       (b) equip and maintain same subject to the approval of the National Assembly.

Supplementary

18. Interpretation

In this Act, unless the context otherwise requires-

"chairman" means the chairman of the Commission;

"Commission" means the National Assembly Service Commission established by
section 2 of this Act;

"member" means any member of the Commission appointed under section 3 of this
Act, and includes the chairman;

"President" means the President of the Federal Republic of Nigeria; and

"secretary" means the secretary to the Commission appointed pursuant to section 6
of this Act.

19. Short title

This Act may be cited as the National Assembly Service Commission Act.

 SCHEDULES

FIRST SCHEDULE
    [Section 3 (7).]

Proceedings of the Commission

1. At any meeting of the Commission, the chairman shall preside and in his absence such
member of the Commission as the other members may elect from among themselves for that
purpose, shall preside.

  1. The quorum for meetings of the Commission shall be five.
  2. The Commission shall have power to regulate its own proceedings and may make standing
    orders for that purpose and subject to such standing orders and paragraph (2) of this Schedule,
    may function notwithstanding any vacancy in its membership or the absence of any member.

4. The Commission may appoint one or more committees to carry out on behalf of the
Commission, such of its functions as the Commission may determine but no decision of any
such committee shall have effect unless ratified by the Commission.

5. The Commission may co-optpersons who are not members of the Commission to any
meeting of the Commission or any committee and such persons may take part in the delibera-
tions of the Commission or any committee but shall not be entitled to vote.

SECOND SCHEDULE
     [Section 9 (g).]

Staff of the National Assembly

 

1. OFFICE OFTHE CLERK TO THE NATIONAL ASSEMBLY

                          

     (a)    Medical                                             Director, Medical Services

(b)    Internal Audit                                    Deputy Director               
(c)    Sergeant-at – Arms                         Sergeant-at-Arms
(d)    Protocol                                             Deputy Director

                    (i)     Senate Protocol                            Assistant Director

                    (ii)    House of Representatives           Protocol Assistant Director

(e)     National Secretariat of Nigerian      Legislature Deputy Director
(f)      Lagos Liaison Office                        Assistant Director

 

II. OFFICE OF THE CLERK OFTHE SENATE

(a)    Clerk of Senate

(b)    Deputy Clerk of Senate

                       DIVISIONS AND HEADS

 

(c)     Chamber                                                Principal Clerk Assistant
(d)    Committee                                             Principal Clerk Assistant

 

III. OFFICE OF THE CLERK, HOUSE OF REPRESENTATIVES

 (a )   Clerk of the House of Representatives

 (b)    Deputy Clerk, House of Representatives

DIVISIONS AND HEADS

 

 

(c) Chamber                                     Principal Clerk Assistant          
(d) Committee                                 Principal Clerk Assistant

 

IV. DEPARTMENTS OF THE N ATIONAL ASSEMBLY
 

1. Personnel department

(a)    Director

DIVISIONS AND HEADS

 

(b)    Appointments, Promotion and Discipline     Deputy Director

(c)     Training and Staff Welfare                            Deputy Director

2. Finance and Supplies department

(a)      Director

DIVISIONS AND HEADS

(b)     Supplies                                                         Deputy Director
(c)     Accounts                                                        Deputy Director
(d)     Budget                                                           Deputy Director

3. Legislative Budget and Planning department
(a)     Director

DIVISIONS AND HEADS

                (b)      Legislative Budget                                        Deputy Director

                (c)      Planning                                                          Deputy Director

4. Library, Research and Computer Services department

(a)     Director

DIVISIONS AND HEADS

 

(b)     Library and Research                                         Deputy Director
(c)     Statistics and Computer                                     Deputy Director

5Information and Publications department
(a)    Director

DIVISIONS AND HEADS

(b)    Information                                                       Deputy Director     

(c)    Official Report                                                  Deputy Director                                                 

(d)    Printing and Publication                                   Deputy Director

 

6. Legal Services department
               (a)    Director

DIVISIONS AND HEADS

 

(b)    Legal Drafting                                                  Deputy Director

(c)    Litigations and Counselling                              Deputy Director

7. Estate and Works department

(a)    Director

 

DIVISIONS AND HEADS

                (b)   Electrical and Mechanical                              Deputy Director

                (c)    Building and Civil                                            Deputy Director

                (d)    Transport                                                          Deputy Director

                (e)    Maintenance                                                    Deputy Director

8. Such other staff as may be necessary for running the affairs of the National Assembly.

SUBSIDIARY LEGISLATION

No Subsidiary Legislation