The Complete 2004 Laws of Nigeria

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1. Establishment of the National Library Board

(I) There is hereby established a body to be known as the National Library Board.

(2) The Board shall be a body corporate with perpetual succession and a common
seal.

(3) The provisions of the First Schedule to this Act shall have effect with respect to
the constitution and procedure of the Board and the other matters therein mentioned.

[First Schedule.]

2. Functions and powers

(I) The functions of the Board shall be-

       (a)        to establish and maintain, in accordance with this Act, the National Library of
Nigeria; and

       (b)              to provide in accordance with this Act such services as in the opinion of the
Board are usually provided by national libraries of the highest standing.

(2) For the purpose of carrying out the general functions imposed on the Board by
subsection (I) of this section, it shall be the duty of the Board, so far as its resources permit-

       (a)              to assemble, maintain and extend a collection of books, periodicals, pamphlets,
newspapers, maps, musical scores, films and recordings and such other matter
as the Board considers appropriate for a library of the highest standing;

       (b)        to establish and maintain a branch of the National Library in each State;

       (c)        to make the facilities of the National Library available to members of the public and
others on proper terms, which may include provision for-

                     (i)     the imposition of a scale of fees, subject to the approval of the
Minister, for services rendered to the public;

                    (ii) safeguarding the property of the Board; and

                      (iii)      specifying the categories of persons who may be admitted to premises
under the control of the Board;

       (d)        to make such arrangements as the Board considers appropriate with respect to-

(i) the exchange of matter included in the collection aforesaid;

(ii) the preparation and publication of catalogues, indexes and similar aids;

(iii) the provision of assistance to other persons in the organisation of libraries
and with respect to the manner of using facilities under the control of libraries;

       (e)        to make recommendations and give advice on library development or
organisation to any department or agency of government of the Federation or a State
or to any local government council;

       (f)         to be responsible for the development of the National Bibliography of Nigeria
and national bibliographical services, either in a national bibliographical centre
or elsewhere.

(3) The Board shall have such powers as may be necessary or desirable for the proper
exercise of its functions; and in particular, without prejudice to the generality of the fore-
going, the Board may-

     (a)       sue and be sued in its corporate name;

     (b)       acquire, hold and dispose of movable and immovable property in general, and
in particular-

                  (i)    acquire, construct, maintain or repair any property required for the
purposes of the National Library; and

                 (ii)    let on lease or otherwise dispose of any property which appears to the
Board to be unnecessary for the time being for the purposes of the Board;

     (c)        do anything for the purpose of advancing the skill of persons employed by the
Board or the efficiency of the equipment of the Board or of the manner in
which that equipment is operated (including the provision by the Board, and
the assistance of the provision by others, of facilities for training, education
and research);

     (d)              provide houses, hostels and other like accommodation for persons employed
by the Board-

                  (i)    for purposes specifically approved by the Board, as being likely to
increase the effectiveness of those persons in the service of the Board; or

(ii) otherwise for the purpose of exercising the functions of the Board;    

(e)  make loans to any person employed by the Board for the purpose of building a
house, purchase a plot of land on which a house for such a person may be built
or purchase a house for the residential use of any such person or his family;
and     

(f) otherwise promote the welfare of persons employed by the Board.

(4) Subject to this Act, the Minister may give the Board directions of a general character
or relating generally to particular matters (but not to any individual person or case),
with regard to the exercise by the Board of its functions and powers, and it shall be the
duty of the Board to comply with the directions.

3. The Director

(l) There shall be a Director of the National Library who, subject to subsection (2) of
this section, shall be appointed by the Board and shall be a person appearing to the Board
to have shown exceptional capacity in the organisation and administration of a library
and services comparable to those envisaged by this Act.

(2) A person shall not be appointed as the Director unless his appointment is approved by the Minister.

(3) The Director shall hold and vacate office in accordance with the terms of the instrument by which he is appointed.

(4) Subject to the Board's financial, operational and administrative policy programmes, the
Director shall have the general function of organising and managing the
National Library and the services provided in pursuance of this Act, and, in particular, the 
function of directing the activities of the officers and servants of the Board and managing
the Board's financial affairs.

(5) Subject to subsection (4) of this section, the Director shall be free to manage the
National Library as he thinks fit, in accordance with this Act, and the Board shall not
interfere with his methods or with the manner in which he deploys the material and
human resources of the Board in order to obtain results in accordance with this Act.

4. Deposit obligations

(I) The publisher of every book published in Nigeria shall, within one month after
the publication, deliver at his own expense to the National Library three copies of the
book, two of which shall be kept in the National Library for permanent preservation and
one of which shall be sent by the Director to the Ibadan University Library.

(2) The copies of the book delivered to the National Library under subsection (I) of
this section-

      (a)        shall be perfect copies of the whole book, with all maps and illustrations
belonging thereto, finished and coloured in the same manner as the best copies of
the book are published; and

       (b)               shall be bound, sewed or stitched together and in the best paper on which the
book is printed.

(3) Where any printed matter (other than matter of such descriptions as the Director
may specify from time to time) is published by or on behalf of any department of
Government of the Federation or of a State, it shall be the duty of the official in charge of the
department to deliver forthwith to the Director for the purposes of the National Library-

       (a)               25 copies of the publication, if it is published by or on behalf of a department
of Government of the Federation; or

      (b)        ten copies of the publication, if it is published by or on behalf of a department
of Government of a State,or such smaller numbers of copies as the Director may determine in any particular case.

(4) If a publisher fails to comply with any provision of subsection (I) or (2) of this
section, he shall be guilty of an offence and on conviction shall be liable to a fine not
exceeding N I 00; and the court before which he is convicted may in addition order him to
deliver to the Director three copies of the book in question or to pay to the Director the
value of those copies.

(5) The President may, by order in the Federal Gazette, exclude any publisher or
book, or any class of publisher or book, from the operation of subsections (I) and (2) of
this section.

(6) The obligations imposed by this section are additional to any similar obligations
which may be imposed by any law in force in a State other than this Act.

(7) In this section "book" includes-

     (a)        all literary works such as books, pamphlets, sheets of music, maps, charts,
plans, tables and compilations;

     (b)        dramatic works;

     (c)               collective works such as encyclopaedias, dictionaries, year books or similar
works, newspapers, magazines and similar periodicals;

     (d)        any work written in distinct parts by different authors or in which a part or
parts of work of different authors is or are incorporated, and every part or division of such a work; and

     (e)              all forms in which documentary or oral records are published; "publisher", in
relation to a book, means any person authorising or causing the book to be
printed and distributed in Nigeria, excluding the Federal Government and the
Governor of a State (or any person acting on its or his behalf), a public officer
acting in his capacity as such and any person distributing in Nigeria a book
published elsewhere.

5. General financial provisions

(1) The Board is hereby empowered-

     (a)               to receive all funds which may, from time to time, be granted to it by the Fed-
eral Government and to apply and administer those funds in accordance with
such terms and conditions as may be attached to the grant and in accordance
with this Act; and

     (b)              to receive all other monies otherwise obtained by the Board and to apply and
administer those monies in furtherance of the purpose of this Act and in accordance with
any terms and conditions upon which those monies may have been obtained.

(2) The Board shall submit to the Minister, not later than 31 October in each financial
year, an estimate of its expenditure and income during the next succeeding financial year;
and it shall be the duty of the Director to prepare for the consideration of the Board, the
estimate which in his opinion it would be proper for the Board to submit to the Minister
in pursuance of this subsection.

(3) The receipts of the Board on revenue account in any financial year shall be applied in payment of the following charges-

     (a)       the remuneration and allowances payable to members of the Board;

     (b)       the salaries, fees or other remuneration or allowances, and pensions, superannuation
allowances and gratuities, payable to the Director and officers of the Board;

     (c)       expenditure on the maintenance of any property vested in the Board;

     (d)     provision for the depreciation or the renewal of any assets vested in the Board;

     (e)        interest due on any debenture stock or other stock issued or any temporary loan
raised by the Board;

     (f)        the sums required to be transferred to a sinking fund or otherwise, set aside for
the purpose of making provision for the repayment of debenture stock or the
repayment of other borrowed monies;

     (g)       such allocation to any general reserve established under section 6 of this Act
and to contingencies or any other reserve as may in the opinion of the Board,
be appropriate;

      (h)        grants for purposes conducive to the welfare of persons employed by the Board;

      (i)         such contributions to such charitable objects as the Board, with the approval of
the Minister, may determine;

       (j)         the purchase of books, equipment and other related material; and

      (k)        such other charges as may be reasonably incurred in the exercise of the
Board's functions,and the balance, if any, shall be applied to such charitable or public purposes and in such
manner as the Minister may direct.

(4) The financial year of the Board shall coincide with that of the Federal Government.

6. General reserve

(I) Without prejudice to the power of the Board to set aside from revenue appropriate
amounts for replacements, contingencies or other purposes, the Board may establish and
maintain a general reserve.

(2) The management of the general reserve, the sums to be carried from time to time
to the credit of the general reserve, the charges to be made against the general reserve and
any other application of the monies comprised therein, shall be as the Board may with the
approval of the Minister determine:

Provided that no part of the monies comprised in the general reserve shall be applied otherwise
than for the purposes of the Board.

7. Power to borrow and invest

(I) The Board may, with the consent of or in accordance with any general authority
given by the President, borrow by way of loan from the Federal Government, or by way
of temporary overdraft approved by the Minister, sums required by the Board for meeting
its obligations and discharging its functions under this Act.

(2) The Board may invest all or any of its funds in such manner as may be approved
by the Minister.

(3) Subject to section 5 of this Act, the Minister may, with the approval of the President, issue to
the Board directives as to the disposal of surplus funds.

8. Accounts and audit

(I) The Board shall keep proper accounts and other records relating thereto and shall
prepare in respect of each financial year a statement of accounts in such form, as the
Minister may direct.

(2) The accounts of the Board shall be audited by auditors appointed from the list of
auditors and in accordance with the guidelines supplied by the Auditor-General for the
Federation.

(3) As soon as the accounts of the Board have been audited, the Board shall furnish a
copy of the statement of accounts to the Minister, together with a copy of any report
made by the auditors on their statement or on the accounts of the Board.

9. Annual report, etc.

(1) The Board shall prepare and submit to the Minister not later than 30 May in each
financial year, a report in such form as the Minister may direct on the activities of the
Board during the last preceding financial year, and shall include in the report a copy of
the audited accounts of the Board for the last preceding financial year and of the auditors'
report on those accounts.

(2) The Minister shall cause a copy of each report made to him under this section to
be laid before the Federal Government.

(3) The Minister may, by notice in writing served on the Director, require the Board
to furnish the Minister with all information within its power relating to such matters
connected with any activity of the Board as may be specified in the notice; and it shall be the
duty of the Board to comply with the requirements of the notice.

10. Legal proceedings, service of documents, etc.

(1) No suit against the Board, and no suit against any member, officer or servant of
the Board in his capacity as such, shall lie or be instituted in any court unless it is
commenced within the twelve months following the act, neglect or default complained of or,
in the case of a continuance of damage or injury, within the twelve months following the
cessation thereof.

(2) No suit shall be commenced against the Board or against any member, officer or
servant of the Board in his capacity as such, until one month at least after there has been
served on the Board by or on behalf of the intending plaintiff, written notice of intention
to commence the suit, stating-

     (a)        the cause of action;

     (b)       the particulars of the claim; and

     (c)      the name and place of abode of the intending plaintiff and the relief claimed.

(3) The notice referred to in subsection (2) of this section and any summons, notice
or other document required or authorised to be served on the Board may, except where
there is express provision to the contrary, be served-

     (a)       by delivering it to the chairman or the Director; or

     (b)        by sending it by registered post, addressed to the Director, at the principal office of the Board.

(4) In any suit, the Board, without prejudice to any other right of representation, may
be represented at any stage of the proceedings by any member, officer or servant of the
Board who is duly authorised in writing by the Board in that behalf.

(5) In any suit against the Board, no execution or attachment or process in the nature
thereof shall be issued against the Board, but any sums of money which may by the
judgment of the court be awarded against the Board shall (subject to any directions given
by the court where notice of appeal has been given by the Board in respect of the judgment),
be paid by the Board from the funds of the Board.

(6) In this section, "suit" means any civil proceedings however commenced.

11. Compulsory acquisition of land

(I) Whenever there is any hindrance to the acquisition by the Board of any land required
for any purpose of the Board under this Act (including any failure by the Board to
reach agreement as to the amount to be paid in respect of the acquisition), the Minister,
on the application of the Board and after such enquiry as he may think fit, may declare
that the land is required for the service of the Board.

(2) Where a declaration is made under subsection (I) of this section, the land to
which the declaration relates shall be deemed to be land required for a public purpose of
the Federation, within the meaning of the Land Use Act, and the President-

[Cap. LS.]

       (a)        may cause action to be taken under that Act for acquiring the land for the Federal Government; or

       (b)        if the land is customary land, may issue a requisition under section 28 (3) of
the Land Use Act for the revocation of any rights relating to the land.

(3) Where a declaration has been made under subsection (I) of this section in respect
of any land other than customary land and-

       (a)        the land has been acquired pursuant to subsection (2) (a) of this section; or

       (b)        the President is satisfied that there are no rights subsisting in respect of the
land,the President may vest the land in the Board by means of a certificate under the hand and
seal of the Registrar of Deeds.

(4) Where a declaration has been made under subsection (I) of this section in respect
of any customary land and-

       (a)        the rights relating thereto have been revoked pursuant to subsection (2) (b) of
this section; or

       (b)        the Governor of the State in which the land is situated is satisfied that there are
no rights subsisting in respect of the land,the Governor in question may grant to the Board a
right of occupancy of the land on such terms and conditions as he thinks fit.

(5) The compensation, if any, payable under the Land Use Act for the acquisition of
any land under this section or payable under the Land Use Act for the revocation of any
rights relating to the land, as the case may be, shall in the first instance be paid by the
Federal Government, but the Board shall refund to that Government any compensation so
paid and all incidental expenses incurred by that Government.

[Cap. LS.]

(6) A plan of any land referred to in subsection (I) of this section-

       (a)        containing measurements of the boundaries of the land;

     (b)       showing the relationship of the land to any sufficient identifying mark; and

     (c)        signed by the Director,shall be a sufficient description of the land for the purposes
of an application under that subsection.

(7) The Board shall not, without the approval in writing of-

     (a)       the President; or

     (b)       in the case of customary land, the Governor of the State in which the land is
situated,alienate, mortgage, charge or demise any immovable property which has been vested in
the Board under this section or in respect of which a right of occupancy has been so
granted to the Board.

(8) In this section "customary land" has the same meaning as in the Land Use Act.

12. Repeal, etc., of 1964 No.6

(1) The National Library Act 1964 is hereby repealed, and the National Library
Board established by that Act, is hereby dissolved.

(2) The transitional and saving provisions in the Second Schedule to this Act, shall
have effect notwithstanding any other provision of this Act.

[Second Schedule.]

13. Interpretation

In this Act, unless the context otherwise requires-

"Board" means the National Library Board, established by this Act;

"chairman" means the chairman of the Board;

"Director" means the Director of the National Library;

"Minister" means the Minister charged with responsibility for information;

"National Library" means the National Library of Nigeria, established and main-
tained by the Board;

"State" means a State of the Federation.

14. Short title

This Act may be cited as the National Library Act.

SCHEDULES

FIRST SCHEDULE
[Section I (3).]

Supplementary provisions relating to the Board

Membership 
[1987 No. 26.]

1. (I) Subject to this Schedule, the Board shall consist of twelve members, one of whom
shall be the Director and the others shall be appointed by the Minister with the prior approval
of the President and shall comprise-

                (a)     one member to represent each zone of States and the Federal Capital Territory,
Abuja as listed in sub-paragraph (2) of this paragraph, rotating every two years
within the zones in alphabetical order, who shall be appointed after consultation
with the Governors of the States in question and shall be a person appear-
ing to the Minister to have wide experience in at least one of the following
fields, that is to say-

(i) newspapers, broadcasting and other media of communication;

(ii) university education and research;

(iii) education other than university;

(iv) law;

(v) the activities of legislatures;

(vi) business and industry;

(vii) trade unions;

(viii) finance relating to the provision of public services;

(ix) science and technology;

(x) the creative arts; and

(xi) the book industry;

                (b)     one person appearing to the Minister to represent the interest of the Nigeria
Library Association or any other body or association of librarians established in
Nigeria and approved by the Minister;

                (c)     three persons (additional to those appointed under sub-paragraph (a) of this
paragraph), appearing to the Minister to have wide experience in at least one of
the fields mentioned in that paragraph, one of whom shall be a person appearing
to the Minister to have wide experience in the handling of financial matters;

               (d) the Permanent Secretary, Federal Ministry of Education or his representative;

                (e) one representative of the Armed Forces Education Corps; and

                                           (f) one representative of the Nigerian Association of University Librarians.

(2) The States in each zone referred to in sub-paragraph (I) of this paragraph are as Folows-

   Zone                                                                      States

   A              Adamawa, Benue, Kaduna, Katsina, Nasarawa, Plateau, Taraba.

   B              Bauchi, Borno, Gombe, Jigawa, Kana, Kebbi, Sakata, Yobe and Zamfara.                                                                    

 

zones                                states 

  C             Ekiti, Federal Capital Territory, Abuja, Kogi, Kwara, Niger, Ondo.

  D             Delta, Edo, Lagos, Ogun, Osun, Oyo.

  E             Abia, Akwa-Ibom, Anambra, Bayelsa, Cross River, Ebonyi, Enugu, Imo, Rivers.

2. The Minister shall, with the prior approval of the President, nominate one of the members
of the Board appointed by him to be the chairman of the Board.

Terms of service

3. (I) Subject to the provisions of this Act, a person appointed to be a member of the Board,
not being a public officer, shall hold office for a period of three years from the date of his
appointment and shall be eligible for reappointment for one further period of three years.

(2) Any member, not being a public officer, may resign his appointment by a letter addressed to the Minister.

4. (1) If it appears to the Minister that a member of the Board should be removed from office
on the ground of misconduct or inability to perform the functions of his office, the Minister shall,
after consultation with the interests, if any, represented by that member, make a
recommendation to that effect to the President and if the President approves the recommendation
the Minister shall declare, in writing, the office of that member vacant.

(2) Subject to sub-paragraph (1) of this paragraph-

                (a)     any member who is absent from two consecutive ordinary meetings of the
Board, shall file his explanation in writing with the secretary for consideration
by the Board and if the explanation is not accepted by the Board, the Board
may recommend to the Minister that the member be removed, and the Minister
may declare, in writing, the office of that member vacant;

                (b)     where the Board is satisfied that the continued presence on the Board of any
member is not in the national interest or the interest of the Board, the Board
may recommend to the Minister that the member be removed, and the Minister
may declare, in writing, the office of that member vacant.

5. There shall be paid to members of the Board out of monies at the disposal of the Board
such remuneration and such travelling and subsistence allowances in respect of any periods of
time spent on the business of the Board as the President may determine.

6. References in paragraphs 3, 4 and 5 to this Schedule to members of the Board do not include references to the Director.

[1979 No.6.]

Proceedings

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

8. The quorum of the Board shall be seven, and the quorum of any committee of the Board
shall be determined by the Board.

9. The Board shall elect a member of the Board to be the deputy chairman of the Board for
such period as the Board may determine, so however that a deputy chairman who ceases to be
a member shall cease to be deputy chairman.

                (b)     to pay to or in respect of the Director, and (subject to any regulations made
under sub-paragraph (c) of this paragraph), to or in respect of any officer or
servant of the Board, in whose case it may decide to do so, such pensions and
gratuities as the Board may determine;

                (c)      with the approval of the Minister, to make staff regulations (which need not be
published in the Federal Gazette), regulating the conditions of service of servants of the Board
and in particular, without prejudice to the generality of the
foregoing, providing for-

                        (i)     the appointment, dismissal, discipline, pay and leave of, and the security to
be given by, its servants;

(ii) appeals by its servants against dismissal or other disciplinary measures;

(iii) the grant of pensions, gratuities and other retiring allowances to its servants
and their dependants, and the grant of gratuities to the estates or dependants of
deceased servants of the Board; and

(iv)     the establishment and maintenance of medical benefit funds, superannuation
funds and provident funds, and the contributions payable thereto and
the benefits receivable therefrom.

22. In connection with any scheme for the payment of pensions or gratuities under paragraph 25 (b) 
of this Schedule or under any regulations made under paragraph 25 (c) of this
Schedule, the Minister may, by order in the Federal Gazette, declare service as the Director or
as an officer or servant of the Board (including service regarded as service under the Board by
virtue of an order made under paragraph 5 of the Second Schedule to this Act) to be public
service for the purposes of the Pensions Act.

[Cap. P4.]

Miscellaneous

24. The fixing of the seal of the Board shall be authenticated by the signature of the chairman
or of some other member of the Board authorised generally or specially by the Board to act
for that purpose.

25. Any contract or instrument which, if made or executed by a person not being a body cor-
porate, would not be required to be under seal, may be made or executed on behalf of the
Board by any person generally or specially authorised to act for that purpose by the Board.

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

27. The validity of any proceedings of the Board or a committee thereof shall not be affected-

(a) by any vacancy in the membership of the Board or committee; or
(b) by any defect in the appointment of a member of the Board; or

(c) by reason that a person not entitled to do so took part in the proceedings.

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

SECOND SCHEDULE
[Section 12 (2).]

Transitional and saving provisions

1. By virtue of this Act, there shall be vested in the Board (hereinafter referred to as "the new
Board") on the commencement of this Act, without any further assurance, all assets, funds,
resources and other movable or immovable property which immediately before the
commencement of this Act were vested in the National Library Board dissolved by this Act
(hereinafter referred to as "the former Board").

2. As from the commencement of this Act-

                (a)     the rights, interests, obligations and liabilities of the former Board exrstmg
immediately before the commencement of this Act under any contract or instrument, or at
law or in equity apart from any contract or instrument, shall by
virtue of this Act be assigned to and vested in the new Board;

                (b)     any such contract or instrument as is mentioned in sub-paragraph (a) of this
paragraph shall be of the same force and effect against or in favour of the new
Board and shall be enforceable as fully and effectively as if, instead of the former
Board, the new Board had been named therein or had been a party thereto;
and

                (c)      the new Board shall be subject to all the obligations and liabilities to which the
former Board 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, powers and remedies against the new Board as they had against
the former Board immediately before the commencement of this Act.

3. Any proceeding or cause of action pending or existing immediately before the
commencement of this Act by or against the former Board in respect of any right, interest,
obligation or liability of the former Board, may be commenced, continued or enforced, subject to
section 10 (5) of this Act, by or against the new Board as it might have been against the former
Board if this Act had not been made.

4. In this Act "financial year", in relation to the new Board, includes the financial year in
which this Act comes into force.

S. Within the twelve months next following the commencement of this Act, the Minister, if
he thinks fit, may by order in the Federal Gazette make additional transitional or saving
provisions not inconsistent with this Schedule; and, without prejudice to the generality of the
foregoing, any such order may provide for service under the former Board to be regarded as
service under the new Board for pensions purposes.

6. As part of its functions under section 2 (2) if) of this Act, the Board shall on the commencement of
this Act, in accordance with arrangements to be made between the Director and
the librarian of the Ibadan University Library, assume responsibility for continuing the
National Bibliography heretofore known as Nigerian Publications which, before the commencement
of this Act, was compiled in the lbadan University Library and published by the Ibadan University Press.