The Complete 2004 Laws of Nigeria

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NATIONAL BOUNDARY COMMISSION (ESTABLISHMENT) ACT

ARRANGEMENT OF SECTIONS

PART I

Establishment and Composition of the National Boundary Commission, etc.

SECTION

I.    Repeal of Act, Cap. 238, L.F.N. 1990.

  1. Establishment of the Commission.
  2. Establishment of Zonal Liaison Offices, etc.
  3. Composition of the Commission, etc.
  4. Cessation of membership.
  5. Emoluments, etc.

PART 11

Functions of the Commission 
7. Functions of the Commission.

PART 1I1

Establishment and Functions of the Internal and International Boundary Technical
Committees

 

  1. Establishment of Internal Boundary Technical Committee.
  2. Functions of the Internal Boundary Technical Committee.
  3. Establishment and composition of the International Boundary Technical Committee.
  4. Functions of the International Boundary Technical Committee.

PART IV

Establishment and Functions of the State and Local Government Boundary Committees

 

  1. Establishment and composition of the State Boundary Committee.
  2. Functions of the State Boundary Committees.
  3. Establishment and composition of the Local Government Boundary Committee.
  4. Functions of the Local Government Boundary Committee.

PART V

Staff of the Commission

 

  1. The Director-General of the Commission.
  2. Directors and departments of the Commission.
  3. Other employees of the Commission.
  4. Staff regulations.
  5. Service in the Commission to be pensionable.
  6. Secrecy.

PART VI

Financial Provisions

SECTION

  1. Fund of the Commission.
  2. Expenditure of the Commission.
  3. Annual estimates and accounts.
  4. Annual reports.
  5. Power to accept gifts.
  6. Power to borrow.
  7. Trustee Investments Act, Cap. 449, L.F.N. 1990.

 

PART VII

Legal Proceedings

  1. Limitation of suit against the Commission, etc.
  2. Service of documents.
  3. Restriction on execution against property of the Commission.
  4. Indemnity of officer.

PART VIII

Miscellaneous

  1. Directives by the President, etc.
  2. Regulations.
  3. Transfer of rights, etc.
  4. Obligations and liabilities.
  5. Pending or existing proceedings or cause of action.
  6. Vesting of assets.
  7. Holders of office in the former Commission to continue in the Commission.
  8. Interpretation.
  9. Short title.

SCHEDULE

Supplementary Provisions relating 10 the Commission, etc.

 

An Act to repeal the National Boundary Commission, Act, Cap. 238, L.F.N., 1990
and among other things, to establish a new National Boundary Commission
charged with more powers and functions; and for related matters.

[22nd December, 2006]

[Commencement.]

PART I

Establishment, Composition, etc. of the National Boundary Commission

  1. Repeal of Act, Cap. 238, L.F.N. 1990

The National Boundary Commission Act, Cap. 238, Laws of the Federation, 1990 is
repealed.

  1. Establishment of the Commission

(1) There is established a body to be known as the National Boundary Commission

(in this Act referred to as "the Commission").

(2) The Commission-

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

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

       (c)        may acquire, hold or dispose of any property, movable or immovable for the purpose of carrying out any of its functions under this Act.                   

      

  1. Establishment of Zonal Liaison Offices, etc.

(1) There is established for the Commission, Zonal Liaison Offices.
(2) Each Zonal Liaison Office  shall-

       (a)              comprise of a number of States as may be determined, from time to time, by
the Commission;

       (b)              be headed by a member of staff of the Commission to be known and referred
to as the Zonal Liaison Officer; and

       (c)               co-ordinate the activities of the Commission in the zone in addition to such
other functions as may be assigned to it, from time to time, by the Commission.

  1. Composition of the Commission, etc.
    (1) The Commission consists of-

       (a)        the Vice-President of the Federation, who shall be the Chairman;

       (b)        the Attorney-General ofthe Federation and Minister of Justice;

       (c)        the Minister of-

                      (i)      Defence;

(ii)      Police Affairs;
(iii)     Foreign Affairs;
(iv)     Internal Affairs;
(v)       Works;

(vi)     Co-operation and Integration in Africa;

(vii)      Economic Planning or Presidential Adviser, National Planning Com-
      mission; and

  (viii)    Petroleum Resources;

       (d)       the National Security Adviser;

        (e)        the Inspector-General of Police;

        (f)        Director-General, National Boundary Commission who shall also be the Secretary to the Commission;

         (g)  six other members to be appointed by the President each representing a geopolitical zone from the public or private sector with recognised standing and
      who possess the requisite qualification, expertise and experience in boundary and border matters;

          (h)         the Governor or Governors, as the case may be, who may be eo-opted, when a  dispute involving the State or States arise; and
  

            (i)         any other Minister who may be eo-opted, from time to time, when matters affecting his area of operation arise.

 

(2)   The Chairman and other members shall be-

       (a)        part-time members of the Commission; and

       (b)       appointed by the President.

(3)    The members other than ex officio members of the Commission-

        (a)   shall each hold office for a period of four years on such terms and conditions as may be specified in their letters of appointment; and   
              

         (b)        may be re-appointed for one further period offour years and no more.

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

[Schedule.]

  1. Cessation of membership

(1) Notwithstanding the provisions of section 3 of this Act, a person shall cease to
hold office as a member of the Commission if-

(a)     he is declared bankrupt;

(b)     he is convicted of a felony or any offence involving dishonesty, fraud;

(c)     he becomes of unsound mind or incapable of carrying out his duties arising
         from infirmity of the body or mind;

(d)    he is guilty ofa serious misconduct in relation to his duties;

(e)    in the case of a person possessed of a professional qualification, he is disquali-
        fied or suspended from practising his profession in any part of the world by an
        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)  If a member of the Commission 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 Commission for the unexpired
term.

(3) A member of the Commission may be removed from office by the President ifhe
is satisfied that it is not in the interest of the public that the member continues in office.

  1. Emoluments, etc.

The members other than the ex officio members of the Commission shall be paid such
emoluments and allowances as may be determined by the Revenue Mobilisation, Alloca-
tion and Fiscal Commission.

PART 11

Functions of the Commission

  1. Functions of the Commission 
    The Commission shall-

             (a)        intervene, and deal with any boundary dispute that may arise between Nigeria
and any of her neighbours with a view to settling the dispute;

             (b)                    intervene, determine and deal with any boundary dispute that may arise among
States, Local Government areas or communities in the Federation with a view
to settling the disputes;

             (c)        define, and delimitate boundaries between States, Local Government Areas or
communities in the Federation and between Nigeria and her neighbours in ac-
cordance with delimitation instrument or document established for that purpose;

                             (d)       monitor trans-border relations between Nigeria and her neighbours with a view to detecting areas of tension and possible conflict;

          (e)         promote trans-border co-operation and border region development;

                              (f)        encourage negotiated settlement of border disputes in preference to litigation;

           (g)       facilitate equitable utilisation of shared border resources of land, water, games, forest resources, etc.;                     

                              (h)       co-ordinate all activities on international boundaries;

            (i)         formulate policies and programmes on internal and international boundaries including land and maritime;
 

                               (j)         liaise with other international boundary related bodies;

             (k)        advise the Federal Government on matters affecting Nigeria's border with any neighbouring country;
 

             (l)        consider recommendations from the technical committees or any other com-mittee set up by the Commission and advise the Federal Government on such
recommendations;
 

             (m)       take all necessary steps towards the implementation of resolutions on internal boundary disputes;
 

              (n)       disseminate information to educate the general public on the functions of the
Commission under this Act;

              (o)       organise, run, operate, conduct and participate in such training courses, lectures,
seminars, conferences, symposia and similar study groups which may enhance
the activities of the Commission or the efficiency of any of its officers and
employees;

              (p)       carry out such duties related to boundary and border matters as the President
may, from time to time, direct; and

              (q)       do such other things as may be considered by the Commission to be necessary,
desirable, expedient, supplementary or incidental to the performance of the
functions or the exercise of the powers conferred on the Commission under
this Act.

          PART III

Establishment and Functions of the Internal and International
Boundary Technical Committees

  1. Establishment of Internal Boundary Technical Committee

(1) There is established for the Commission a body to be known as the Internal

Boundary Technical Committee.

(2) The Internal Boundary Technical Committee consists of-

       (a)          the Minister of Works, who shall be the Chairman;

       (b)         a representative of the Inspector-General of Police not below the rank of a 

                    Commissioner of Police;

       (c)          the Permanent Secretary each from the-

(i)         National Planning Commission;

  (ii)        Political Affairs Office, the Presidency;
  (iii)       Ministry of Internal Affairs; and

  (vi)        States and Local Government Affairs, the Presidency;

       (d)        the Solicitor-General of the Federation and Permanent Secretary, Federal Min-

istry of Justice;

       (e)       the Surveyor-General of the Federation;

       (f)        the Comptroller-General of Immigration Services;

       (g)       three non ex officio members of the Commission;

      (h)       the Chairman of the State Boundary Committee and the Surveyor-General in the relevant States, who may be eo-opted when matters affecting their States
arise; and
       (i)         the Director-General of the Commission.

  1. Functions of the Internal Boundary Technical Committee
    The Internal Boundary Technical Committee shall-

       (a)         deal with any internal boundary dispute with the view to settling the dispute;

       (b)         define and delimit internal boundaries in accordance with the delimitation instrument or document established for that purpose;
       
        (c)         proffer solutions to any internal boundary problem;

        (d)         promote the development and effective management of internal boundaries; and

        (e)         make recommendations to the President through the Commission on boundary and border issues between States, Local Governments and communities where necessary.
      
  10. Establishment and composition of the Interational Boundary Technical
Committee

(l) There is established for the Commission a body to be known as the International

Boundary Technical Committee.

(2) The International Boundary Technical Committee consists of-

       (a)     the Minister of Foreign Affairs, who shall be the Chairman;

       (b)     a representative of the Inspector-General of Police not below the rank of a Commissioner of Police;
    

                 (c)    the Permanent Secretary each from the Ministry of-

(i)      Defence;

(ii)    Works;

(iii)     Petroleum Resources;
(iv)      Internal Affairs;

 (v)       Co-operation and Integration in Africa;
(vi)      National Planning Commission; and
(vii)     Political Affairs Office, the Presidency;

       (d)     the Solicitor-General of the Federation and Permanent Secretary, Federal Min-

     istry of Justice;

       (e)      the Director-General, National Intelligence Agency;

       (f)       the Surveyor-General of the Federation;

       (g)      the Controller-General of Immigration Services;

       (h)      three non ex officio members of the Commission; 

       (i)       the Chairman of the State Boundary Committee and the Surveyor-General in the relevant States, who may be eo-opted when matters affecting their States
       arise; and
      (j)        the Director-General of the Commission.

11. Functions of the International Boundary Technical Committee 
The International Boundary Technical Committee shall-

 (a)        deal with matters affecting Nigeria on its borders with neighbouring countries
       including land and maritime;

 (b)        participate, as may be required, in the delimitation of international boundaries in accordance with the delimitation instrument or document established for
        that purpose;

        (c)        proffer solutions to any international boundary problems;

       (d)        promote trans-border co-operation and border region development; and

       (e)        make appropriate recommendations to the Commission on the effective
                   boundaries and borderlands.

PART IV

Establishment and Functions of the State and Local Government
Boundary Committees

12. Establishment and composition of the State Boundary Committees

(1) There shall be established by each State of the Federation and the Federal Capital

Territory, Abuja a Boundary Committee.

(2) A State Boundary Committee shall consist of-

       (a)       the Deputy Governor of the State, who shall be the Chairman;

       (b)       Commissioners, each responsible for-

                      (i)      Survey;

(ii)     Finance and Economic Development;
(iii)    Information; and

(iv)     Local Governments;

       (c)          the Attorney-General of the State and Commissioner for Justice;

       (d)          the Commissioner of Police in the State;

       (e)          the Director, State Security Services in the State;

       (j)           the Surveyor-General of the State;

       (g)          the Comptroller of Immigration Services;

       (h)          the Chairman, Council of Chiefs or Traditional Rulers for the State;

       (i)        the Chairman or Chairmen of the Local Government Areas, who may be co-opted when matters affecting the Local Government Areas arise; and

        (j)        three other persons knowledgeable in boundary and border matters one repre-
                  senting each of the Senatorial Districts.

(3) The Federal Capital Territory Boundary Committee shall consist of-

                    (a)          the Permanent Secretary, Ministry of the Federal Capital Territory, Abuja who
      shall be Chairman;

       (b)       a representative of the Attorney-General of the Federation;

        (c)      the Director responsible for each of the following in the Federal Capital Development Authority, Abuja: 

         

(i)       Urban and Regional Planning;

 (ii)       Planning, Research and Statistics; and
(iii)      Survey, as the Secretary;

       (d)       the Commissioner of Police, Federal Capital Territory;

       (e)      the Director, Department of State Services, Federal Capital Territory;

        (f)       the Comptroller ofImmigration Services, Federal Capital Territory; and

        (g)       two other persons to be appointed by the Chairman, Federal Capital Territory
                 Administration.

13. Functions of the State Boundary Committees

The State and Federal Capital Territory Boundary Committees shall each-

      (a)              deal with inter- and intra-Local Government boundary disputes within the
State and the Federal Capital Territory;

      (b)              define and delimit inter- and intra-Local Government Area or Area Council
Boundaries in accordance with the delimitation instrument or document estab-
lished for that purpose;

      (c)              liaise with the Zonal Liaison Officer of the Commission in the State and the
Federal Capital Territory;

      (d)              identify and intervene in areas of potential disputes in the State and the Federal
Capital Territory, Abuja;

      (e)             hold meetings, at least once in every quarter, to ensure maintenance of peace
and order in the border areas;

      (j)               liaise with the State Boundary Committees of neighbouring States with
the view of taking joint measures that shall promote good inter-community
relationship;

      (g)              arrange with other State Boundary Committees for joint utilisation of shared
resources and facilities along their common borders;

      (h)              encourage and promote joint inter-community development ventures among
border dwellers;

      (i)                encourage and support peace organs within the State and the Federal Capital
Territory, Abuja as the case may be, for the purpose of promoting peace and
harmony between communities involved in boundary disputes;

      (j)               monitor the activities of Local Government Boundary Committees within the
                                                                                                                                                          State and the Federal Capital Territory, Abuja as the case may be, and deal
with disputes which cannot be settled by the Local Government Boundary
Committees;

      (k)              evolve measures for joint utilisation of amenities along Local Government
boundaries within the State and the Federal Capital Territory, Abuja as the
case may be;

      (l)               encourage negotiated settlement of boundary disputes in preference to litiga-
tion; and

      (m)             carry out awareness and enlightenment campaigns among the people in the
State and the Federal Capital Territory, Abuja as the case may be, on the es-
sence of boundaries in order to foster peace and harmony among the people
living along boundary lines.

14. Establishment and composition of the Local Government Boundary Committee 
(1) There shall be established by each Local Government Area in a State and each
Area Council in the Federal Capital Territory, a Local Government Boundary Committee.

 (2) A Local Government Boundary Committee shall consist of-

      (a)       the Vice-Chairman of the Local Government Area, who shall be the Chairman of the Committee;
 

      (b)       the Supervisory Councillor each for-

(i)       Works; and

(ii)       Finance;

       (c)         the Divisional Police Officer in the Local Government Area;

       (d)        a representative each of the-

(i)    State Security Services in the Local Government Area; and
(ii)   Surveyor-General of the State;

       (e)            a Local Government Council Officer of Immigration Services;

(f)        two--

(i)·    Traditional Rulers;

   (ii)      other persons knowledgeable in boundary and border matters,
appointed by the Chairman of the Local Government Area; and

       (g)        the Head of Department of Works.

15. Functions of the Local Government Boundary Committee 
A Local Government Boundary Committee shall-

                               (a)     deal with inter-community boundary disputes;

                  (b)      liaise with and keep the State or the Federal Capital Territory Boundary Committee, as the case may be, informed of all boundary problems within the Local
      Government Area or Area Council;
                  (c)        hold meetings, at least once quarterly, to identify areas of potential boundary
       disputes and alert the State or the Federal Capital Territory Boundary Commit-
       tee, as the case may be;

                 (d)       liaise with neighbouring Local Government Areas towards evolving joint pro-
      grammes that shall promote peace and harmony among border dwellers;

                 (e)       encourage negotiated settlement of boundary disputes in preference to litigation; and
     

                  (j)       carry out awareness and enlightenment campaigns with the view of fostering peaceful relationship with neighbouring communities.
                         

PART V

Staff of the Commission

16. The Director-General of the Commission

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

 (2) The Director-General shall be-

       (a)       the Secretary to the Commission and the Technical Committees set up by the
      Commission;

                     (b)       the Chief Executive and Accounting Officer of the Commission;

        (c)        responsible for the execution of the policies and day to day administration of
       the affairs of the Commission;

                     (d)        the Head of the Secretariat of the Commission; and

        (e)        a person who possesses the relevant and adequate professional qualification
       and shall have been so qualified for a period of not less than 20 years.

(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.

(4) The Director-General shall perform such other functions as may be determined by
the Commission.

17. Directors and Departments of the Commission

 

(1) The Commission shall appoint the following Directors:

      (a)         Director, Internal Boundaries;

       (b)         Director, international Boundaries;
      (c)         Director, Research and Policy Analysis;
      (d)         Director, Finance and Accounts;

      (e)         Director, Administration and Supplies; and
      (f)          Director, Legal Services.

(2) The Directors appointed under subsection (1) of this section shall each have the
requisite qualification and experience required for the effective performance of the func-
tions of their respective Departments and the Commission as specified under this Act.

(3) Notwithstanding the provisions of subsection (1) of this section, the Commission
shall have power to establish such additional departments as may be necessary to assist it
in the performance of its duties and functions under this Act.

18. Other employees of the Commission

(l) The Commission shall appoint such officers and other employees as it may deem
fit.

(2) The terms and conditions of service (including remuneration, allowances, benefits
and pensions) of officers and employees of the Commission shall be determined by the
Commission in conformity with the National Salaries, Income and Wages Commission.

(3) Without prejudice to the generality of subsection (1), the Commission shall have
power to appoint either on transfer or on secondment from any public service in the Fed-
eration, such number of employees as may, in the opinion of the Commission, be  

required to assist the Commission in the discharge of any of its functions under this Act and
shall have the power to pay to persons so employed such remuneration (including allow-
ances) as may be determined by the National Income, Salaries and Wages Commission.

19. Staff regulations

(1) The Commission may, subject to the provisions of this Act, make staff regula-
tions relating generally to the conditions of service of the employees of the Commission
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 Commission; 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 public service of the Federation shall be applicable.

(2) Staff regulations made under subsection (1) of this section shall not have effect
until approved by the Commission and when so approved they need not be published in
the Federal Gazette but the Commission shall cause them to be brought to the notice of
all affected persons in such manner as it may, from time to time, determine.

20. Service in the Commission to be pensionable

(1) Service in the Commission shall be approved service for the purposes of Pension
Reform Act, 2004 and accordingly, employees of the Commission shall be entitled to
pension, gratuities and other retirement benefits as are prescribed under the Pension Re-
form Act, 2004.- ..

[2004 No. 2.]

(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 the 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 the Pension Reform Act, any
power exercisable by a Minister or other authority of the Federal Government, other than
the power to make regulations under section 97 of the Pension Reform Act 2004, is vested
in and shall be exercisable by the Commission and not by any other person or authority.

21. Secrecy

(1) A member of the Commission or the Director-General or any other officer or em-
ployee of the Commission 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 Commission or as the Director-General,
officer or employee of the Commission;

            (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; and

             (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
be prescribed by the Commission, from time to time.

(2) Any person who contravenes the provisions of subsection (1) of this section com-
mits an offence and shall be liable to disciplinary action in accordance with the provisions
of the Public Service Rules.

PART VI

Financial Provisions

22. Fund of the Commission

There is established and maintained for the Commission a fund into which shall be
paid and credited-

       (a)            all subventions and budgetary allocations from the Federal Government;

      (b)          such monies as may, from time to time, be granted or lent to the Commission by the Federal, State or a Local Government;

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

      (d)           such other moneys as may be received by the Commission in the course of its operations or in relation to the exercise by the Commission of any of its functions under this Act.
        
         
23. Expenditure of the Commission

The Commission may, from time to time, apply the proceeds of the fund established
in pursuance of section 22 of this Act-

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

                    (b)          to the payment of the emoluments, allowances and benefits of members of the
         Commission and for reimbursing members of the Commission or any commit-
         tee of the Commission and for such expenses as may be expressly authorised
         by the Commission;

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

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

                                (e) to publicise and promote the activities of the Commission; and

                    (f) for undertaking such other activities as are connected with all or any of the
functions of the Commission under this Act.

24. Annual estimates and accounts

(1) The Commission shall, not later than 30th September in each year, submit to the
President an estimate of its expenditure and income (including payments to the Commis-
sion's fund) for the next succeeding year.

(2) The Commission shall keep proper accounts in respect of each year and proper
records 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 from the list and in accordance
with the guidelines supplied by the Auditor-General for the Federation.

25. Annual reports

The Commission shall prepare and submit to the Federal Executive Council, through
the President, not later than six months after the end of each year, a report in such form as
he may direct on the activities of the Commission during the immediately preceding year
and shall include in the report a copy of the audited accounts of the Commission for that
year and the auditor's report on the accounts.

26. Power to accept gifts

(1) The Commission 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 Commission shall not accept any gift if the condition attached by the person
or organisation making the gift is inconsistent with the functions of the Commission.

27. Power to borrow

(1) The Commission may, from time to time, borrow by way of overdraft or other-
wise such sums as it may require for the performance of its functions under this Act.

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

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

28. Trustee Investments Act, Cap. 449, L.F.N. 1990

The Commission 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 pre-
scribed by the Trustee Investments Act or in such other securities as may, from time to
time, be approved by the President.

[Cap. T22.]

PART VII

Legal Proceedings

29. Limitation of suit against the Commission, etc.

(1) Subject to the provisions of this Act, the provisions of the Public Officers Protec-
tion Act shall apply in relation to any suit instituted against any officer or employee of
the Commission.

[Cap. P41.]

(2) Notwithstanding anything contained in any other law or enactment, no suit shall lie
or be instituted in any court of law against any member of the Commission, the Director-
General or any other officer or employee of the Commission for any act done in pur-
suance or execution of any public duty or authority in respect of any alleged neglect or
default in the execution of this Act or such law or enactment, duty or authority unless-

       (a)              it is commenced within 3 months after the act, neglect or default complained
of; or

       (b)              in the case of a continuation of damage or injury, within 6 months after the
ceasing thereof.

(3) No suit shall be commenced against a member of the Commission, the Director-
General, officer or employee of the Commission before the expiration of one month after
written notice of the intention to commence the suit shall have been served upon the
Commission by the intending plaintiff or his agent.

(4) The notice referred to in subsection (3) of this section shall clearly and explicitly
state the cause of action, the particulars of the claim, the name and place of abode of the
intending plaintiff and the relief which he claims.

30. Service of documents

A notice, summons or other documents required or authorised 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 Director-General or by sending it by registered post and
addressed to the Director-General at the principal office of the Commission.

31. Restriction on execution against property of the Commission

(1) In any action or suit against the Commission, no execution or attachment of pro-
cess in any nature shall be issued against the Commission.

(2) Any sum of money which may by the judgment of any court be awarded against
the Commission shall, subject to any direction given by court where notice of appeal of
the said judgment has been given, be paid from the fund ofthe Commission.

32. Indemnity of officer

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

PART VIII

Miscellaneous

33. Directives by the President, etc.

The President may give to the Commission or the Director-General such directive of a
general nature or relating generally to matters of policy with regard to the exercise of its
or his functions as he may consider necessary and the Commission or the Director-
General shall comply therewith if they are not inconsistent with its functions as pre-
scribed under this Act.

34. Regulations

The Commission may, with the approval of the President, make such regulations as in
its opinion are necessary or expedient for giving full effect to the provisions of this Act
and for the due administration of its provisions.

35. Transfer of rights, etc.

(1) The statutory functions, rights, interests, obligations and liabilities of the Com-
mission, existing before the commencement of this Act under any contract or instrument,
or in law or equity shall by virtue of this Act be deemed to have been assigned to and
vested in the Commission established by this Act.

(2) Any such contract or instrument as is mentioned in subsection (1) of this section,
shall be of the same force and effect against or in favour of the Commissions established
by this Act and shall be enforceable as fully and effectively as if the Commission estab-
lished by this Act had been named therein or had been a party thereto.

36. Obligations and liabilities

(1) The Commission established by this Act shall be subject to all the obligations and
liabilities to which the Commission existing before the commencement of this Act was
subject to.

(2) All persons who had rights, powers and remedies against the Commission exist-
ing before the commencement of this Act, shall have same against the Commissions es-
tablished by this Act.

37. Pending or existing proceedings or cause of action

Any proceeding or cause of action pending or existing immediately before the com-
mencement of this Act by or against the Commission in respect of any right, interest,
obligation or liability of the Commission existing before the commencement of this Act
may be continued or, as the case may be, commenced and any determination of the court
of law, tribunal or other authority or person may be enforced by or against the Commis-
sion to the same extent that such proceeding or cause of action or determination might
have been continued, commenced or enforced by or against the Commission existing
before the commencement of this Act.

38. Vesting of assets

All assets, funds, resources and other movable or immovable property which immedi-
ately before the commencement of this Act were vested in the Commission existing
before the commencement of this Act shall, by virtue of this Act and without further as-
surance, be vested in the Commission established by this Act.

39. Holders of Office in the former Commission to continue in the Commission

Any person who immediately before the coming into force of this Act is the holder of
any Office in the Commission existing before the commencement of this Act shall on the
commencement of this Act continue in office and be deemed to have been appointed to
that Office by the Commission established by this Act, unless the authority by which the
person was appointed terminates the appointment.

40. Interpretation
In this Act-

"border" means the strip of land or maritime areas which straddles or lies along the
corridor of a boundary within a stipulated distance;

"boundary" means the line of demarcation which delimits the extent of administra-
tive jurisdiction of a State and its separate constituent units;

"communities" means body of people living near one another and sharing the same
environment and any common amenities;

"Local Government Boundary Committee" includes an Area Council Boundary
Committee;

"member" means a member of the Commission and includes the Chairman of the
Commission;

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

41. Short title

This Act may be cited as the National Boundary Commission (Establishment,) Act, 2006.

SCHEDULE

        [Section 3 (4).]

Supplementary Provisions relating to the Commission, etc.

Proceedings of the Commission

1.     (1) Subject to this Act and section 27 of the Interpretation Act, the Commission may
make standing orders regulating its proceedings or those of any of its committees.

[Cap. 123.]

(2) The quorum of the Commission shall be the Chairman or the person presiding at the
meeting and 7 other members of the Commission and the quorum of any committee of the
Commission shall be determined by the Commission.

2.     (1) The Commission shall meet not less than four times in each year and subject thereto,
the Commission 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 4 other members, he shall summon a
meeting of the Commission to be held within 28 days from the date on which the notice is
given.

(2) At any meeting of the Commission the Chairman shall preside but if he is absent, the
members present shall appoint one ofthem to preside at that meeting.

(3) Where the Commission desires to obtain the advice of any person on a particular
matter, the Commission may co-opthim for such period as it deems fit, but a person who is in
attendance by virtue of this subparagraph shall not be entitled to vote at any meeting of the
Commission and shall not count towards a quorum.

Committees

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

(2) A committee appointed under this paragraph shall consist of such number of persons
as may be determined by the Commission and a person shall hold office on the committee in
accordance with the terms of his appointment.

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

Miscellaneous

4.     (1) The fixing of the seal of the Commission shall be authenticated by the signature of the
Chairman, Director-General or any other person generally or specifically authorised by the
Commission to act for that purpose.

(2) At any meeting of the Commission, the Chairman shall preside but if he is absent,
the members present shall appoint one of them to preside at that meeting.

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

(4) The validity of any proceeding of the Commission or ofa committee shall not be ad-

versely affected by-

(a)         a vacancy in the membership of the Commission or committee;

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

              Commission or committee.

 

SUBSIDIARY LEGISLATION
No Subsidiary Legislation