NIGERIANS IN DIASPORA COMMISSION (ESTABLISHMENT) ACT

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NIGERIANS IN DIASPORA COMMISSION (ESTABLISHMENT) ACT5

NIGERIANS IN DIASPORA COMMISSION (ESTABLISHMENT) ACT, 2017

EXPLANATORY MEMORANDUM

This Act establishes the Nigerians in Diaspora Commission to provide for the engagement of Nigerians in diaspora in the policies, projects and participation in the development of Nigeria for the purpose of utilising the human capital and material resources of Nigerians in Diaspora towards the overall socio-economic, cultural and political development of Nigeria

NIGERIANS IN DIASPORA COMMISSION (ESTABLISHMENT) ACT, 2017

ARRANGEMENT OF SECTIONS

Section:

PART 1 – ESTABLISHMENT OF THE NIGERIANS IN DIASPORA COMMISSION

1.     Establishment of the Nigerians in Diaspora Commission.

2.     Composition of the Board.

3.     Tenure of Office

4.     Functions of the Board.

5.     Head office of the Commission.

6.     Cessation of office.

7.     Vacancy in membership.

PART II – FUNCTIONS OF THE COMMISSION

8.     Powers of the Commission.

9.     Departments of the Commission.

PART III — STAFF OF THE COMMISSION

10.   Appointment of the Secretary and other staff of the Commission.

11.   Staff regulations.

12.   Pensionable service.

13.   Training programme.

PART IV – FUNDS AND FINANCIAL PROVISIONS OF THE COMMISSION

14.   Fund of the Commission.

15.   Investment of moneys in the Fund.

16.   Borrowing and investment power.

17.   Accounts and audit.

18.   Annual report.

19.   Powers to accept gifts.

PART V — LEGAL PROCEEDINGS

20.   Limitation of suit against the Commission.

21.   Service of document.

22.   Restriction on execution against property of the Commission.

PART VII — MISCELLANEOUS

23.   Directives by the Minister, etc.

24.   Indemnity of Commission’s officials.

25.   Regulations.

26.   Interpretation.

27.   Citation.

Schedule

NIGERIANS IN DIASPORA COMMISSION (ESTABLISHMENT) ACT, 2017

An Act to establish the Nigerians in Diaspora Commission, provide for the engagement of Nigerians in diaspora in the policies, projects and participation in the development of Nigeria and for the purpose of utilising the human capital and material resources of Nigerians in diaspora towards the overall socio-economic, cultural and political development of Nigeria; and for related matters.

[Commencement]                [21^st DAY OF JUNE, 2017]

ENACTED by the National Assembly of the Federal Republic of Nigeria

PART 1 – ESTABLISHMENT OF THE NIGERIANS IN DIASPORA COMMISSION

Establishment of the Nigerians in Diaspora Commission

1(1) There is established for the Federation, the Nigerians in Diaspora Commission (in this Act referred to as the “Commission”) which shall —

(a)    be under the Federal Ministry of Foreign Affairs; and

(b)    be constituted in accordance with and have such powers and functions as conferred on it by this Act.

(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:

(c)    may, for the purposes of its functions, acquire, hold or dispose of property (whether moveable or immovable); and

(d)    is a designated Commission in Nigeria charged with the responsibility for coordinating and providing an organised system of collaborations of Nigerians in diaspora for their contributions by identifying, preserving and mobilising the human capital and material resources and expertise to the general development of Nigeria.

Composition of the Board.

2 (1) There shall be for the Commission a Governing Board (in this Act referred to as “the Board) which shall consist of

(a)    a chairman who shall —-

        (i)     be the chief executive and accounting officer of the Commission,

        (ii)    be a person of high integrity, and

        (iii)   possess not less than 15 years experience in public service;

(b)    a representative each from –

        (i)     the Ministry of Foreign Affairs, and

        (ii)    the Civil Service, not below the rank of a Director;

(c)    2 representatives each from Nigerians in Diaspora Organisations (NIDO) in –

        (i)     North America,

        (ii)    South America,

        (iii)   Asia,

        (iv)   Oceania,

        (v)    Africa, and

        (vi)   Europe;

(d)    a legal practitioner at least 10 years post-call experience.

2)     The Chairman and members of the Commission shall be appointed by the President subject to confirmation by the Senate.

(3)    Notwithstanding the provision of this section, the appointment under subsection (1) shall be on recommendations made by the respective continental NIDO.

Schedule

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

LAWS MADE BY THE NATIONAL ASSEMBLY OF NIGERIA [1999 – 2019]