The Complete 2004 Laws of Nigeria

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NIGERIA SECURITY AND CIVIL DEFENCE CORPS ACT

ARRANGEMENT OF SECTIONS

PART I

Establishment and Governing Board of the Nigeria Security and Civil Defence Corps

SECTION

1.  Establishment of the Nigeria Security and Civil Defence Corps.
2.  Governing Board.

PART II

Functions of the Corps

  1. Functions of the Corps and its affiliation with international organisation.
  2. Powers of the Board.

PART III

Membership and Zonal Commands of the Corps

  1. Membership of the Corps.
  2. Zones and Zonal Commands of the Corps.
  3. State Command.

PART IV
Staff of the Corps

  1. Commandant-General of the Corps.
  2. Deputy Commandants-General, etc., and other employees of the Corps.
  3. Pensions.

PART V

Financial Provisions

11.   Funds of the Corps.

  1. Expenditure of the Corps.
  2. Annual estimates and accounts.
  3. Annual report.
  4. Power to accept gift.
  5. Power to borrow.
  6. Investment.
  7. Exemption from tax.

PART VI

Discipline

19. Discipline of Corps members.

PART VII

Legal Proceedings

  1. Limitation of suits against the Corps, etc.
  2. Service of documents.
  3. Restriction on execution against property of the Corps.
  4. Indemnity of officers.
  5. Secrecy.
  6. Power to obtain information.
  7. Dissolution of the existing Security and Civil Defence Corps and savings.
  8. Directives by the Minister, etc.
  9. Regulations.
  10. Interpretation.
  11. Citation.

SCHEDULE

Additional Supplementary Provisions relating to the Board, etc. 

NIGERIA SECURITY AND CIVIL DEFENCE CORPS ACT

An Act to establish the Nigeria Security and Civil Defence Corps; and for related purposes.

[2007 No. 73.]

[28th June, 2003]

[Commencement. ]

PART I

Establishment and Governing Board of the Nigeria Security and
                           Civil Defence Corps

  1. Establishment of the Nigeria Security and Civil Defence Corps

(1) There is established the Nigeria Security and Civil Defence Corps (in this Act referred to as "the Corps"), 
which shall consist of such number of volunteers and regular
members as may, from time to time, be recruited under the provisions of this Act.

(2) The Corps-

       (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)        shall have its headquarters in the Federal Capital Territory, Abuja.

  1. Governing Board

(1) The Immigration and Prisons Services Board established under the Immigration
and Prisons Services Board Act, 1986, as amended, shall be the Governing Board of the
Corps and shall, subject to this Act, have general control of the Corps.

[Cap. 12.]

(2) The supplementary provisions set out in the Schedule to this Act shall, in addition
to the provisions contained in the Immigration and Prisons Services Board Act, 1986,
have effect with respect to the proceedings of the Board under this Act and the other matters contained therein.

[Schedule.]

PART II

Functions of the Corps

  1. Functions of the Corps and its affiliation with international organisation
    (l) The Corps shall-

       (a)              assist in the maintenance of peace and order and in the protection and rescuing
                          of the civil population during the period of emergency;

       (b)              recommend to the Minister the registration of private guard companies;

      (c)               from time to time, inspect the premises of private guard companies, their training
                         facilities and approve same if it is up to standard

       (d)              supervise and monitor the activities of all private guard companies and keep a
                          register for that purpose-

                     (i)   periodically organise workshops and training courses for private guard companies, and

(ii) seal up any private guard company which operates without valid licence;

(e)        maintain twenty-four hours surveillance over infrastructures, sites and projects
for the Federal, States and Local Governments-

(i)     enter and search any premises and seize any material suspected to have
been used in vandalisation or suspected process of vandalisation;

(ii)     enter and search premises of any suspected illegal dealer in petroleum
products or material used by Power Holding Company of Nigeria,
Postal Services, Nigeria Telecommunication or for any other public
utility or infrastructure;

(f)        have power to arrest with or without a warrant, detain, investigate and institute
legal proceedings by or in the name of the Attorney-General of the Federation
in accordance with the provisions of the Constitution of the Federal Republic
of Nigeria against any person who is reasonably suspected to have committed
an offence under this Act or is involved in any-

(i)  criminal activity,
(ii)  chemical poisoning or oil spillage, nuclear waste, poisoning,
(iii)  industrial espionage or fraud, 
(iv)   activity aimed at frustrating any Government programme or policy,
(v)     riot, civil disorder, revolt, strike or religious unrest, or
(vi)    power transmission lines, or oil pipelines, NIPOST cables, equipment,
Water Board pipes or equipment vandalisation;

      (g)        monitor the activities of religious bodies and trade associations;

      (h)        monitor, investigate and take every necessary step to forestall any planned act
                   of terrorism particularly-

(i)     cult and ethnic militia activities,

(ii)     criminal activities aimed at depriving citizens of their properties or lives, or

(iii)     syndicate activity aimed at defrauding the Federal, State or Local Government;

      (i)         monitor, investigate and take every necessary step to forestall any act of terrorism
                   and report same to appropriate Federal security agency;

      (j)         provide necessary warning for the civilian population in times of danger;

      (k)        evacuate the civilian population from danger areas;

      (l)         provide and manage shelters for civilians during any period of emergency;

     (m)       assist in the decontamination and in the taking of precautionary measures during any period of emergency;

      (n)        carry out rescue operations and control volatile situations;

      (o)        assist in the provisions of emergency medical services, including first-aid, during any period of emergency;

      (p)        detect and demarcate any danger area;

      (q)        assist the Federal and State Fire Services in fire-fighting operations;

      (r)        assist in the distribution of emergency supplies;
 
      (s)         provide assistance to restore and maintain order in distressed areas in any period of emergency;

      (t)         assist in repairing indispensable public utilities during any period of emergency;

      (u)        provide intelligence information to the Ministry on any matter relating to-

 (i)  crime control generally,

(ii) riot, disorder, revolt, strike or religious unrest,

 (iii)  subversive activity by members of the public aimed at frustrating any

Government programme or policy,

 (iv)  Industrial action and strike aimed at paralysing Government activities,
 
 (v)    any other matter as may be directed by the Minister, and

(vi)   have power to arrange and mediate in the settlement of disputes among
willing members of the public.

[2007 No. 73, s. 1.]

 (2) The Corps shall change from present observer's status in the International Civil
Defence Organisation (I.C.D.O.) to full member immediately after the commencement of
this Act by fulfilling all conditions including payment of membership dues.

(3) For the purposes of efficiently carrying out the functions set out in section 3 of
this Act, the Corps shall maintain an armed squad which shall be entitled to bear firearms
and be deployed by the Office of the Commandant-General.

[2007 No. 73, s. 1.]

  1. Powers of the Board

(1) The Board shall be responsible for-

(a)      providing the general policies and guidelines relating to major expansion programmes of the Corps;

(b)       the supervision of management and general administration of the Corps;

[2007 No. 73, s. 2.]

 (c)       recruiting volunteers and regular members of the Corp

 (d)      organising basic development and refresher courses for members of the Corps;
and

  (e)       fixing, with the approval of the Minister, the terms and conditions of service of
members and employees of the Corps, including their remuneration.

(2) The Board shall have power to do such other things which in the opinion of the
Board are necessary to ensure the efficient performance of the functions of the Corps.

PART III

Membership and Zonal Commands of the Corps

  1. Membership of the Corps

(1) The Corps shall consist of such number of volunteers and regular members as
may, from time to time, be recruited by the Board to meet the requirements of the Corps.

(2) Members of the Corps shall be made up of such officers and other ranks as the
Board may, from time to time, determine.

  1. Zones and Zonal Commands of the Corps
    (1) The Board shall-

       (a)       divide Nigeria into such number of zones as it may, from time to time, 
                   determine for the effective organisation of the Corps; and

                             (b)       establish, in each zone, a Zonal Command.

(2) The Zonal Command shall, subject to the direction and overall command of the
Corps, be responsible for co-ordinating the activities of the Corps in the zone.

  1. State Command

(1) The Corps shall have a State Command in each state of the Federation and the
Federal Capital Territory, Abuja.

 (2) The State Command shall, subject to the direction and overall command of the
Corps and Zonal Command, be responsible for carrying out the functions of the Corps in
the State and the Federal Capital Territory, Abuja.

PART IV

Staff of the Corps

  1. Commandant-General of the Corps

(1) There shall be for the Corps a Commandant-General who shall be appointed by
the President, on the recommendation of the Minister.

(2) The Commandant-General shall hold Office-

       (a)       for a term of five years in the first instance and may be re-appointed for a further term of five years and no more; and

       (b)      on such terms and conditions as may be specified in his letter of appointment;
 
       (c)       the Commandant-General shall be the Chief Executive and Accounting Officer of the Corps.

[2007 No. 73, s. 3.]

  1. Deputy Commandants-General, etc., and other employees of the Corps

(1) The Board shall appoint for the Corps such number of Deputy Commandants-
General, Assistant Commandants-General, Commandants and such officers and other
ranks and employees as it may, from time to time, deem necessary for the purposes of the
Corps.

(2) The terms and conditions of service (including remuneration, allowances, benefits and 
pensions) of regular members and employees of the Corps shall be as determined
by the Board using same criteria as Immigration and Prisons Services with the approval
of the Minister.

(3) The volunteers of the Corps shall, for any period they are on duty for the Corps,
be paid such allowances and other benefits as may be approved by the Minister.

10. Pensions

(l) The service in the Corps shall be approved service for the purposes of the Pensions
Act and, accordingly, regular members and employees of the Corps shall be entitled
to pensions, gratuities and other retirement benefits as are prescribed under the Pensions Act.

[Cap. P4.]

(2) Notwithstanding the provisions of subsection (l) 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 the Pensions Act, any
power exercisable by the Minister or other authority of the Federal Government, other
than the power to make regulations under section 23 of the Act, is hereby vested in and
shall be exercisable by the Corps and not by any other person or authority.

PART V

Financial Provisions

11. Funds of the Corps 

The Corps shall establish and maintain a fund into which shall be paid and credited-

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

       (b)       all the sums accruing to the Corps, from time to time.

12. Expenditure of the Corps

The Commission may, from time to time, apply the proceeds of the Fund established
in section 11 of this Act-

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

(b)      to the payment of salaries, fees, or other remuneration or allowances, gratuities
payable to the officers and other employees of the Corps, so that no payment
of any kind under this paragraph (except such as may be expressly authorised)
shall be made to any person who is in receipt of emoluments from the Federal
or State Government;

 (c)       for the maintenance of any property vested in the Corps; and

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

 

13. Annual estimates and accounts

(1) The Corps shall, not later than 31st October in each year, submit to the Minister
an estimate of its expenditure and income (including payments to the Corps Fund) during
the next succeeding year.

(2) The Corps shall keep proper accounts 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 of the Federation.

14. Annual report

The Corps shall prepare and submit to the Federal Executive Council through the
Minister, 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 Corps during the immediately preceding year, and shall
include in such report a copy of the audited accounts of the Corps for that year and the
auditor's report on the accounts.

15. Power to accept gift

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

16. Power to borrow

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

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

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

17. Investment

The Corps 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 Minister.

[L.F.N. 2004 Cap. T22.]

18. Exemption from tax

(1) The Corps shall be exempted from the payment of any income tax on any income
accruing from investments made by the Board for the Corps.

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

 

PART VI

Discipline

19. Discipline of Corps members
A Corps member who-

       (a)       performs his duties in contravention of the objects of the Corps;

      (b)      takes part in any subversive activity, including mutiny and disturbance of public peace;

      (c)        abets, incites, conceals or condones the commission of any offence;

      (d)      takes part in an illegal assembly of persons with intention to breach public
      peace, destroy property or assault any person or group of persons;

      (e)       having knowledge that an offence or any illegal act is about to be committed,
      fails to inform his superior officer;

      (f )        takes part in a strike; and

       (g)       offers violent assault on his superior officer,commits an offence and is liable
      on conviction to imprisonment for a term of not less than one year.

PART VII

Legal Proceedings

20. Limitation of suits against Corps, etc.

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

[L.F.N. 2004 Cap. P41.]

(2) Notwithstanding anything contained in any other enactment, no suit against any
member of the Board or the Commandant-General or any other officer or employee of the
Corps for any act done in pursuance or execution of this Act or any other enactment or
law, or of any public duty or authority or in respect of any alleged neglect or default in
the execution of this Act or any other enactment or law, duty or authority, shall lie or be
instituted in any court unless it is commenced-

       (a)       within three months after the act, neglect or default complained of; or

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

(3) No suit shall be commenced against a member of the Board or the Commander-
General or any other officer or employee of the Corps before the expiration of a period of
one month after written notice of intention to commence the suit shall have been served
on the Corps by the intending plaintiff or his agent.

(4) The notice referred to in subsection (3) of this section shall clearly and explicitly

state-

       (a)       the cause of action;

       (b)       the particulars of claim;

      (c)        the name and place of abode of the intending plaintiff; and

       (d)       the relief which the plaintiff claims.

21. Service of documents

A notice, summons or other document required or authorised to be served on the
Corps under the provisions of this Act or any other enactment or law may be served by
delivering it to the Commandant-General or by sending it by registered post and addressed
to the Commandant-General at the principal office of the Corps.

22. Restriction on execution against property of the Corps

(1) In any action or suit against the Corps, no execution or attachment of process in
the nature thereof shall be issued against the Corps unless a notice of not less than three
months of the intention to execute or attach has been given to the Corps.

(2) Any sum of money, which may, by the judgment of any court, be awarded against
the Corps shall, subject to any directions given by the Court where notice of appeal
against the judgment has been given, be paid from the general reserve fund of the Corps.

23. Indemnity of officers

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

24. Secrecy

(1) A member of the Board or the Commandant-General or any other officer or employee of the Corps 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 Board as the Commandant-General, officer or employee of the Corps;

       (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; or

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

(2) A 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 N20,000 or imprisonment for a term not exceeding two years.

25. Power to obtain information

(1) For the purpose of carrying out the functions conferred on the Corps under this
Act, the Commandant-General or any other officer or employee of the Corps authorised
in that behalf-

       (a)              shall  have a right of access to all the records of any person or authority affected
by this Act for the specific purpose of discharging his duties under this Act; and

       (b)              may by notice in writing served on any person or premises, require that person
or authority to furnish information on such matters as may be specified in notice.

(2) The person or authority served with the notice under subsection (1) shall furnish
information as required under subsection (1) of this section and comply with the notice
within a reasonable time.

26. Dissolution of the existing Security and Civil Defence Corps and savings

(1) The body known as the Security Civil Defence Corps (in this section referred to
as the "Dissolved Corps") existing before the commencement ofthis Act is dissolved.

(2) Accordingly, there shall be vested in the Corps immediately at the commencement of this 
Act and without further assurance, all assets funds, resources and other movable or immovable 
property which immediately before the commencement of this Act were in the Dissolved Corps.

(3) As from the commencement of this Act-

       (a)              all rights, interests, obligations and liabilities of the Dissolved Corps existing
immediately before the commencement of this Act under any contract or instrument, or at law or in
equity, shall by virtue of this Act be assigned to and vested in the Corps;

       (b)              any contract or instrument as mentioned in paragraph (a) of this subsection
shall be of the same force and effect against or in favour of the Corps and shall
be enforceable as fully and effectively as if, instead of the Dissolved Corps, the
Corps had been named therein or had been a party thereto; and

      (c)               the Corps shall be subject to all obligations and liabilities to which the 
Dissolved Corps was subject immediately before the commencement of this Act,
and all other persons shall, as from the commencement of this Act have the
same rights, power and remedies against the Corps as they had against the 
Dissolved Corps immediately before the commencement of this Act.

(4) A proceeding or cause of action pending or existing immediately before the
commencement of this Act by or against the Dissolved Corps in respect of any right, 
interest, obligations or liability of the Dissolved Corps may be commenced, continued or
enforced by or against the Corps as if this Act has not been made.

(5) Notwithstanding the provisions of this Act, but subject to such directions as may
be issued by the Corps, a person who immediately before the commencement of this Act
was a volunteer or regular member of or held office in the Dissolved Corps shall be
deemed to have been transferred to the Corps on terms and conditions not less favourable
than those obtaining immediately before the commencement of this Act, and service in
the Dissolved Corps shall be deemed to be service in the Corps for purposes of pension.

(6) All regular officers of the Corps before dissolution shall retain their ranks and
positions immediately after this Act takes effect.

27. Directives by the Minister, etc.

(1) The Minister may give to the Corps or the Commandant-General such directives-

       (a)              of a general nature or relating generally to matters of policy with regard to the
exercise of its functions; or

       (b)              with respect to the maintenance and securing of public safety and order, as he
may consider necessary,and the Corps or the Commandant-General shall comply with the directives or cause
them to be complied with.

(2) Subject to the provisions of subsection (1) of this section, a Governor of a State may
give to a State Commandant such directives with respect to the maintenance and securing of
public safety and order in the State as he may consider necessary and it shall be the duty of
the State Commandant to comply with the directives or cause them to be complied with.

28. Regulations

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

29. Interpretation

In this Act-

"act of terrorism" means an act which-

       (a)      may seriously damage a country or an international organisation or is intended
to or can reasonably be regarded as having been intended to seriously intimidate a population;

                      (b)       involves or causes-

 (i)     attack upon a person's life which may cause death or upon the physical
integrity of a person or kidnapping of a person;

(ii)     extensive destruction to a Government or public facility or infrastructure or 
private property and likely to endanger human life or result in major economic loss;

        (iii)    seizure of aircraft, ship or other means of public or goods transport;

         (iv)     the manufacture, possession, acquisition of weapons, explosives of
          nuclear, biological or chemical effect without lawful authority;

                            (v)    the release of dangerous substances, or causing of fire explosions or
                             flood which endangers life, and

         (vi)    propagation of information or information materials whether true or
         false calculated to cause panic, evoke violence or intimidate a person;
                                    [2007 No. 73, s. 4.]

"Board" means the Immigration and Prisons Service Board established under the
Immigration and Prison Services Board Act, 1986;

[Cap. 12.]

"Corps" means the Nigeria Security and Civil Defence Corps established under section 1 of this Act;

"Minister" means the Minister charged with responsibility for matters relating to Internal Affairs;

"period of emergency" includes any period of disorder or unrest and environmental
or structural disaster.

30. Citation

This Act may be cited as the Nigeria Security and Civil Defence Corps Act, 2003.

 SCHEDULE
[Section 2 (2).]

Additional Supplementary Provisions relating to the Board, etc. 
1. Proceedings

(1) The Board shall, for the purpose of this Act, meet not less than three times in each year.

(2) The Board shall meet whenever it is summoned by the Chairman and if the Chair-
man is required to do so by a notice given to him by not less than five other members, he shall
summon a meeting of the Board to be held within fourteen days from the date on which the
notice is given.

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

2. Committees

(1) The Board may appoint one or more committees to carry out, on behalf of the Board,
its functions under this Act as the Board may determine.

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

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

3. Miscellaneous

(1) The fixing of the seal of the Corps shall be authenticated by the signature of the
Chairman or any other person authorised generally or specifically to act for that purpose by
the Board and the Commandant-General.

(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
Board by the Commandant-General or any person generally or specially authorised to act for
the purpose by the Board.

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

 

SUBSIDIARY LEGISLATION

No Subsidiary Legislation