FACILITIES MANAGEMENT AND MAINTENANCE LAW OF LAGOS STATE
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FACILITIES MANAGEMENT AND MAINTENANCE LAW
ARRANGEMENT OF SECTIONS
1. Interpretation
2. Establishment of Agency
3. Objectives of the Law
4. Function of the Agency
5. Establishment and Composition of the Governing Board
6. Function of the Board
7. Tenure of Office of the Board
8. Remuneration and Allowances
9. Cessation and Removal from Office of Members of the Board
10. Secretary/Legal Adviser of the Agency
11. Appointment of Consultants
12. Meeting and Proceedings of the Board
13. Quorum
14. Voting Members
15. Appointment of the General Manager
16. Functions of the General Manager
17. Power to Co-opt
18. Staff of the Agency
19. Seal of the Agency
20. Prohibition of unauthorized of disclosure of Information
21. Disclosure of Interests
22. Principles of Asset Management
23. Designation of User and Custodian of Assets
24. Minimum contents of Asset Management Plan
25. Preparation of Management Plan
26. Minimum Contents of User Asset Management Plan
27. User to give effect to Management Plan
28. Submission of Management Plan
29. Approval of Management Plan
30. Status of Asset Management Plan
31. Annual Report of the Agency
32. Offences and Penalties
33. Defence of due Diligence
34. Convicted Persons liable for Costs Expenses of Proceedings
35. Summary Trial of Persons Indicted
36. Proceedings for Offences
37. Agency Guidelines and Regulations
38. Citation and Commencement
THE FACILITIES MANAGEMENT AND MAINTENANCE LAW
A LAW TO ESTABLISH THE LAGOS STATE INFRASTRUCTURE ASSET MANAGEMENT AGENCY AND FOR CONNECTED PURPOSES
THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:
1. Interpretation
In this Law unless the context otherwise requires—
‘‘State Asset’’ means any property, whether movable or immovable acquired or owned by the State government located within or outside Lagos State;
‘‘Commissioner’’ means the Commissioner for Works and Infrastructure or any other public officer for the time being charged with the responsibility for Works and Infrastructure in the State;
‘‘Custodian’’ means a Ministry, Department or Agency of government who acquired and is in control of an asset;
‘‘Infrastructural Asset’’ means any real property owned, leased or otherwise managed by the Lagos State Government both within and outside the State;
‘‘Financial Year’’ means a period of 12 months ending on 31st December or any other date as may be adopted by the State Government in any year and, in the case of the first financial year of the Agency, means the period commencing on the establishment day and ending on 31st December in the year in which the establishment falls;
‘‘Governor’’ means the Governor of Lagos State;
‘‘Law Officer’’ means a lawyer with the Lagos State Government under the Attorney General of the State;
‘‘Portfolio Strategy’’ means management plans used by the Agency in achieving its goals and objectives;
‘‘State’’ means Lagos State of Nigeria;
‘‘User of Asset’’ means every Ministry, Department or Agency of Lagos State.
2. Establishment of the Agency
(1) There is established the Lagos State Infrastructure Asset Management Agency (referred to in this Law as ‘‘the Agency’’).
(2) The Agency—
(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, manage and dispose of any property or interest in property, moveable or immoveable for the purposes of carrying out its functions under this Law.
3. Objectives of the Law
The objectives of this Law are to—
(a) provide for the effective preservation and maintenance of assets owned or controlled by the State Government;
(b) provide a uniform management framework for sustainability, efficiency and accountability in the use and management of such assets;
(c) ensure coordination in the use of assets within the service delivery objectives of the State Government;
(d) optimise the cost of service delivery by—
(i) ensuring proper monitoring and accountability for capital and recurrent works;
(ii) establishing a system for regular maintenance and refurbishment of assets;
(iii) undertaking proper disposal of used assets;
(iv) improving health and safety in the working environment.
4. Functions of the Agency
(1) The functions of the Agency are to—
(a) develop a consistent approach to Asset Management across all Ministries, Departments and Agencies (MDAs) of government with the exemption of assets concessioned to an operator under a Public-Private Partnership Agreement;
(b) create an Asset Register that meets international standards;
(c) draw up master plan towards management and maintenance of assets in the State;
(d) create performance benchmarks;
(e) determine service levels for each asset class;
(f) establish assessment procedure for State assets;
(g) act as consultant in conjunction with the MDAs of government in facility management and maintenance;
(h) ensure compliance with relevant statutory provisions;
(i) monitor and co-ordinate outsourced facility management services;
(j) plan, implement and monitor all private and State owned asset;
(k) supervise all aspects of facilities management and maintenance with a view to ensuring that all public assets, facilities and installations are operating at optimal capacity;
(l) approve and register facility Managers;
(m) perform periodic audit of State-owned infrastructure and assets and advise on the maintenance or disposal of such assets;
(n) co-ordinate the performance of outsourcing of management scheduled and unscheduled maintenance works, including but not limited to general cleaning, fumigation, painting, furniture works and fixtures, mechanical and electrical maintenance, replacement of spare parts, maintenance of sewage and drainage systems and horticultural requirements of all and any other State owned premises; and
(o) any other function that may be necessary for the attainment of the objectives of this Law.
(2) Without prejudice to the generality of subsection (1) of this section in performing its functions under this Law, the Agency shall—
(a) advise and make recommendations as may be appropriate to the Governor, the Commissioner, any MDA or Body of the State, in relation to any policy matter, legislative proposal or other matters concerning or likely to affect asset management in the State;
(b) foster and promote contracts, co-operation and exchange of information with MDAs of government on asset management;
(c) co-operate with other competent authorities, organizations or persons whether in the State or elsewhere charged with the responsibilities for asset management;
(d) promote public awareness and publicity campaigns for the purpose of educating all concerned on the use and management of public infrastructure and facilities; and
(e) acquire adequate information on all new infrastructure projects in the State.
5. Establishment and Composition of the Governing Board
(1) The affairs of the Agency shall be administered by a Governing Board (referred to in this Law as ‘‘the Board’’) which shall set guidelines for the management of the Agency and ensure compliance with the provisions of this Law and regulations made under it.
(2) The Board shall consist of—
(a) a Chairman, who shall be the Commissioner in charge of Works and Infrastructure in the State;
(b) three members; and
(c) the General Manager of the Agency.
(3) The members of the Board shall be persons knowledgeable and experienced in matters relevant to the functions of the agency and shall be appointed by the Governor.
6. Functions of the Board
The functions of the Board shall be to—
(a) set guidelines for the management of the Agency and ensure compliance with the provisions of this Law and Regulations made under it;
(b) provide general policy guidelines for the functions of the Agency and supervise the implementation of such policies;
(c) ensure the effective and optimum performance of the Agency;
(d) approve the drawn up master plan towards management and maintenance of asset in the State;
(e) ensure that all assets currently in use are operational, efficient and also meets the standard set by the Agency;
(f) administer the fund of the Agency;
(g) work with the Agency towards the attainment of its objectives and perform such other functions as are in the opinion of the Board necessary to ensure efficient performance of the Agency.
7. Tenure of Office of the Board
Subject to the provisions of this Law, the members so appointed under Section 5(2) shall hold office for a period of three (3) years and may be re-appointed for one further term.
8. Remuneration and Allowances
The members of the Board who are not public officers shall be paid such remuneration and allowances as may be determined and approved by the Governor.
9. Cessation and Removal from Office of Members of the Board
(1) A person shall cease to hold office as a member of the Board if he—
(a) is adjudged bankrupt;
(b) is convicted of an offence involving fraud or dishonesty; or
(c) has a conflict of interest that, in the opinion of the Governor, requires that the person should cease to hold such office.
(2) A member of the Board may at any time resign from office by a letter addressed to the Governor and the resignation shall take effect on the date specified in the letter or the date the letter is received by the Governor.
(3) The Governor may at any time remove a member of the Board from office, if, in his opinion—
(a) the member has become incapable through ill-health to effectively perform the duties of the office;
(b) the removal appears to be necessary for the effective performance of the functions of the Board.
(4) The Board may act notwithstanding any vacancy or vacancies in its membership.
10. Secretary /Legal Adviser of the Agency
The Agency shall appoint a Secretary/Legal Adviser who shall—
(a) be a Legal practitioner with a minimum of ten years post-call experience and not be below Grade Level 14;
(b) be responsible to the Board;
(c) issue notices of its meetings as may be directed by the Chairman and serve as its Secretary;
(d) keep records of the proceedings of the Board; and
(e) carry out such other duties as may be assigned to him by the General Manager or the Board.
11. Appointment of Consultants
The Agency may appoint consultants, contractors or other service providers for the purpose of assets management and maintenance in the State and shall be bound by any concession agreement entered into by the State Government in relation to any public asset.
12. Meetings and Proceedings of the Board
(1) The Board shall hold its meetings as frequently as may be necessary for the performance of its functions but not less than six times in a year.
(2) Subject to the provisions of this Law, the proceedings of the Board shall be regulated by standing orders.
13. Quorum
(1) The quorum for a meeting of the Board shall be three members.
(2) The Chairman shall preside at every meeting of the Board and in his absence any member so appointed except the General Manager.
14. Voting Members
(1) The decision of the Board shall be by majority votes of the members present at the meeting and each member shall be entitled to only one vote.
(2) Where there is equality of votes at a meeting, the Chairman or any member presiding at such meeting shall have a casting vote.
15. Appointment of the General Manager
(1) There shall be for the Agency a General Manager who shall be the Chief Executive Officer of the Agency.
(2) The General Manager shall, subject to the approval of the House of Assembly be appointed by the Governor.
(3) The General Manager—
(a) shall hold office under a written contract of service for a term of four years, and on such other terms and conditions as are specified in the contract of service; and
(b) may serve a second term of four years if re-appointed.
(4) The General Manager shall not hold any other office or occupy any other position or carry on any other business in respect of which emoluments are payable.
(5) The General Manager may be removed from office by the Governor if in his opinion such removal is in the interest of the State or the Agency.
(6) The General Manager shall be subject to the supervision and authority of the State Government through the Board.
16. Functions of the General Manager
(1) The General Manager shall manage and control—
(a) staff, administration and business of the Agency;
(b) the establishment and development of a management structure with appropriate departments and units.
(2) The General Manager shall be responsible for the day to day administration of the Agency.
(3) The General Manager may perform such other functions as may be conferred on him under this Law or as may be determined by the Board with the approval of the Governor.
(4) The General Manager shall advise the Board in relation to the performance of the functions of the Agency and shall make proposals to the Board on any matter relating to the activities of the Agency.
(5) The General Manager may do such acts that are expedient or necessary for the purpose of exercising his functions under this Law.
17. Power to Co-opt
Where the Agency desires to obtain the advice of any person(s) on any matter, the Agency may co-opt such person(s) to attend any of its meetings for that purpose and the co-opted person(s) shall not be entitled to vote or count towards a quorum.
18. Staff of the Agency
(1) The Agency may, with the approval of the Governor employ or seek deployment from the State Civil Service such number of persons as it may determine to be members of the staff of the Agency.
(2) The terms and conditions of service, including terms and conditions of employment in the Agency shall be as applicable in the State Civil Service.
19. Seal of the Agency
(1) There shall be a common seal of the Agency.
(2) The seal of the Agency shall be authenticated by the signature of the Chairman or any member of the Board authorised in that behalf.
3) Judicial notice shall be taken of the seal of the Agency and an instrument purporting to be an instrument made by the Agency and to be sealed with its seal shall be received in evidence and shall be deemed to be such instrument without further proof unless the contrary is shown.
(4) Any contract or instrument which does not require to be under seal may be entered into or executed by any person duly authorised in that behalf by the Agency.
20. Prohibition of Unauthorised Disclosure of Information
(1) A person shall not, unless authorised by the Agency or by a member of staff of the Agency duly authorised in that behalf, disclose confidential information obtained by him or her in his/her official capacity, or while performing duties as—
(a) a member of the Board or of a committee set up by the Agency;
(b) the General Manager;
(c) a member of staff of the Agency;
(d) a consultant or adviser engaged by the Agency or an employee of such a consultant or adviser;
(e) an inspection officer; or
(f) a person engaged by the Agency in any other capacity.
(2) The provisions of subs.(1) above shall not apply to—
(a) a communication made by a member of the Board, the General Manager, a member of staff of the Agency or any other authorised person, in the performance of any of the functions under this Law, being a communication the making of which was necessary for the performance of any such function; or
(b) the disclosure by a member of the Board or the General Manager, a member of staff of the Agency or any other authorised person to any member of the Nigerian Police of Information which in his opinion, may relate to the commission of an offence under this or any other Law.
(3) Nothing in subs.(1) of this section shall prevent the disclosure of information by means of a report made—
(a) to the Board or a committee, as the case may be; or
(b) by or on behalf of the Board or a committee to the Governor.
21. Disclosure of Interests
Where the General Manager, a member of the Board, a member of staff of the Agency, a consultant, adviser or any other person engaged by the Agency has a pecuniary interest or other beneficial interest in, or material to, any matter which is to be considered by the Board, the person shall—
(a) disclose to the Board the nature of the interest in advance before consideration of the matter;
(b) neither influence nor seek to influence a decision relating to the matter;
(c) not take part in the consideration of the matter; and
(d) withdraw from the meeting as long as the matter is being discussed or considered and neither vote nor otherwise act in consideration of the matter.
22. Principles of Asset Management
(1) The Agency shall enforce the following principles of asset management—
(a) an asset must be used efficiently and becomes surplus to a user if it no longer supports its service delivery objectives at an efficient level and if it cannot be upgraded to that level;
(b) minimise the demand for assets, alternative service delivery methods that do not require asset acquisition must be identified and considered;
(c) in relation to acquisition, it must be considered whether—
(i) an asset currently used by the State is adequate to meet a change in its delivery objectives; and
(ii) the cost of the asset as well as its operational and maintenance costs throughout its life cycle justifies its acquisition in relation to the value of the device to be delivered.
(d) assets that are currently in use must be kept operational to function in a manner that supports efficient service delivery;
(e) when an asset is acquired or disposed of, best value for money must be obtained or realised in accordance with the Public Procurement Law;
(f) in relation to disposal, the custodian must consider whether the asset concerned can be used—
(i) by another user or jointly by different users;
(ii) in relation to social development initiatives of government; and
(iii) in relation to government’s socio-economic objectives.
23. Designation of User and Custodian of Assets
(1) As from the commencement of this Law, every Ministry, Department or Agency of government is declared User of Assets.
(2) A Custodian shall—
(a) act as the caretaker in relation to assets of which it is the custodian;
(b) be responsible for the performance of the functions assigned under the provisions of this Law or any agreement with the Agency;
(c) be liable for any action or omission in relation to asset of which it is the custodian, excluding an act or omission in good faith.
24. Minimum Contents of Asset Management Plan
An Asset Management Plan must consist of at least—
(a) a portfolio strategy and management plan;
(b) a management plan for each asset throughout its life cycle;
(c) a performance assessment of the asset;
(d) a condition assessment of the asset;
(e) the maintenance activities required and the total and true copy of the maintenance activities identified; and
(f) a disposal strategy if need be.
25. Preparation of Management Plans
(1) A Custodian shall—
(a) prepare an Asset Management Plan in such a manner as may be prescribed by the Agency in relation to all the assets in custody at the end of every calendar year;
(b) prepare a User Management Plan, which relates to all the assets which the Custodian uses or intends to use in support of its activities. (2) When preparing an Asset Management Plan, the Accounting Officer of the Custodian shall—
(a) meet the objectives of this Law;
(b) adhere to any principles of asset management as stated in Section 22;
(c) adhere to any guideline, regulation and standard made by the Agency in accordance with the provisions of this Law.
26. Minimum Contents of User Management Plan
A User Management Plan must consist of at least—
(a) a strategy needs assessment;
(b) an acquisition plan;
(c) an operation plan;
(d) an asset surrender plan; and
(e) user to give effect.
27. User to Give Effect to Management Plan
A user must give effect to its User Management Plan and conduct regular assessments in a manner which is consistent with the provision of this Law and its accepted plan.
28. Submission of Management Plan
The Accounting Officer of a Custodian shall submit his Asset Management Plan and User Management Plan to the Agency on or before June 30th of every year.
29. Approval of Management Plan
(1) The Agency shall within twenty one days consider the Custodian Asset Management Plan and User Management Plan submitted to it.
(2) The Agency may—
(a) approve the management plan;
(b) reject the management plan.
(3) Where a management plan is rejected, the Custodian shall submit a fresh plan within fourteen days of being informed of the decision of the Agency.
30. Status of Asset Management Plan
An Asset Management Plan approved by the Agency shall—
(a) be the principal asset strategic planning instrument which guides and informs all asset management decision by the user;
(b) bind the user in the exercise of its executive authority, except to the extent of any inconsistency between an Asset Management Plan and this Law, in which case this Law prevails.
31. Annual Report of the Agency
(1) The Agency shall, not later than five months to the end of the fiscal year, submit to the Governor a report of the assets of the State.
(2) The report must contain at least—
(a) standardized information about all assets of the State;
(b) the last valuation of the assets;
(c) factual and quantitative information of the performance of the assets in meeting delivery needs;
(d) strategies for management of assets of the State.
32. Offences and Penalties
(1) It is an offence to willfully contravene or fail to comply with any provision of this Law.
(2) If an offence under this Law is committed by a user and is proved to have been 0attributed with the consent, connivance or approval of, or to have been attributable to any neglect on the part of any person being a Custodian, Director, Manager, Secretary or any other officer of the user or a person purporting to act in any such capacity, that person commits an offence.
(3) If a User commits an offence under this Law, an employee, officer, Director or agent of the user who authorizes, permits or aids in the commission of the offence also commits an offence.
(4) A person guilty of an offence under the provisions of this Law is liable on conviction to a fine not exceeding N=500,000.00 (Five Hundred Thousand naira), or imprisonment for a term not exceeding one year or both.
33. Defence of Due Diligence
(1) In proceedings for an offence under this Law, it is a defence for the defendant to prove the following—
(a) that the commission of the offence was due to a mistake or reliance on information supplied to the defendant or due to the act or default of another person, or an accident or some other cause beyond the defendant’s control; and
(b) the defendant exercised due diligence and took all reasonable precautions to avoid commission of the offence.
(2) If the defence provided by subs.(1) involves the allegation that the commission of the offence was due to reliance on information supplied by another person or to the actor default of another person, the defendant shall not, without leave of the court, be entitled to rely on that defence unless—
(a) not less than seven working days before the hearing;
(b) the defendant has served on the prosecution a written notice providing information identifying or assisting in the identification of that other person.
34. Convicted Persons Liable for Costs Expenses of Proceedings On conviction of a person for an offence, the Court shall, unless satisfied that there are special and substantial reasons for not so doing—
(a) order the person to pay the cost and expenses of investigation, detection and prosecution of the offence incurred by the Agency as calculated by the Court.
(b) an order for costs and expenses under Section (1) is in addition to any fine or penalty the Court may impose.
35. Summary Trial of Persons Indicted
A person charged with an offence under this Law may be tried summarily as provided under the Administration of Criminal Justice Law of Lagos State.
36. Proceedings for Offences
Any proceedings for an offence under this Law may be filed and prosecuted by any law officer in the State.
37. Agency Guidelines and Regulations
(1) Subject to the Regulations Approval Law, the Agency may prepare, issue and publish guidelines and regulations not inconsistent with this Law with regard to any matter that is required or permitted to be prescribed in terms of this Law and any other incidental or administrative matter necessary for the proper administration and implementation of this Law.
(2) Before issuing and publishing guidelines and regulations under this section, the Agency may prepare and circulate draft guidelines and regulations and consult with any person, persons or organization as the Agency considers appropriate.
38. Citation and Commencement
This Law may be cited as the Facilities Management and Maintenance Law 2014 and shall come into force on the 1st day of December 2014.
LAWS OF LAGOS STATE
LAWS OF THE FEDERAL REPUBLIC OF NIGERIA
