C7
A BILL
FOR
AN ACT TO REGULATE CONFIRMATION BY THE SENATE OF NOMINATIONS OR
APPOINTMENTS TO ADMINISTRATIVE POSITIONS OF AUTHORITY IN THE PUBLIC SERVICE
OF THE FEDERATION AND FOR OTHER MATTERS CONNECTED THEREWITH
Sponsored by SENATOR IKE NWACHUKWU, GCMG, CFR, mni
Commencement.
BE IT ENACTED by the National Assembly of the Federal Republic of Nigeria
and by Authority of same as follows—
1
1.—(1) As from the commencement of this Act, nominations or
2
appointments made by the Federal Government to any administrative position
3
of authority in the public service of the Federation, which position is not under
4
Civil Service or any other merit system shall be subject to scrutiny and
5
confirmation by the Senate (hereinafter in this Act referred to as "Confirmation
6
by the Senate") of the Federal Republic of Nigeria, with a simple majority vote.
7
(2) accordingly therefore, any nomination or appointment made by the
8
Federal Government to any administrative position of authority in the public
9
service of the Federation without recourse to or compliance with the provisions
10
of this Act shall be of no effect and shall, to that extent, be null and void.
11
(3) The powers exercisable by the Senate under Sub-section (1) of this
12
Section shall be subject to the restriction under Sub-section (2) of Section 154 of
13
the Constitution.
14
2.—(1) Subject to Section 154 (2) of the Constitution, nominations or Administrative
15
appointments made by the Federal Government to administrative positions of authority in
16
authority in the public service of the Federation, which shall require confirmation service of the
positions of
the public
•
17
by the Senate shall include—
18
(a) the Chairman, Managing Directors, Directors-General, Directors and
19
members of the governing council or board of any Commission or authority
20
or extra-ministerial departments or parastatals established for the Federation
Federation.
C8 2000 No.
Confirmation by the Senate of Federal Government Appointments
{Special Provisions, etc.)
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by the Constitution or by an Act of the National Assembly ;
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(b) the Chairman, Managing Directors, Directors-General, Directors and
3
General Managers and other administrative positions under whatsoever title
4
designated or known of any statutory corporation established by an Act of
5
the National Assembly ;
6
(c) the Chairman, Managing Directors, Directors-General, Directors, General
7
Managers and other administrative positions under whatsoever title
8
designated or known of any company or enterprise in which the Government
9
of the Federation or its agency owns controlling shares or interest, or in
10
which the government is, empowered by law to appoint a representative to
11
any position of authority in such company or enterprise ; and
12
13
(d) the Ministers, Special Advisers to the President and Ambassadors of
the Federal Republic of Nigeria.
14
(2) Notwithstanding, the provisions of any law or enactment, and without
15
prejudice or derogation to the generality of the administrative positions under
16
Sub-section (1) of this Section, other nominations or appointments made by the
17
government to administrative positions of authority in the public service of the
18
Federation which shall require confirmation by the Senate shall include—
19
20
21
22
(a) the Chairman and Electoral Commissioners of the Independent National
Electoral Commission;
(A) the Inspector-General of the Nigeria Police Force and Commissioners
of Police for each State;
23
(c) the Governor of the Central Bank of Nigeria;
24
(d) the Auditor-General of the Federation;
25
(e) the Chief of Defence Staff, the Chief of Army Staff, the Chief of Naval
26
Staff, the Chief of Air Staff of the Armed Forces of the Federation,
27
respectively ;
28
{f) the following judicial officers, that is—
29
(;) the Chief Justice of Nigeria;
30
(//) the Justices of the Supreme Court;
Confirmation by the Senate of Federal Government Appointments
{Special Provisions, etc.)
1
(///) the President of the Federal Court of Appeal;
2
(iv) the Justices of the Federal Court of Appeal;
3
(v) the Chief Judge of the Federal High Court;
4
(vi) the Chief Judge of the Federal High Court;
5
(v/i) the Chief Judge of the High Court of Federal Capital Territory,
6
2000 No. C9
Abuja;
7
(v/ii) the Judges of the High Court of Federal Capital Territory, Abuja;
8
(be) the Grand Kadi of the Sharia Court of Appeal of the Federal Capital
9
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12
13
14
15
Territory, Abuja;
(x) the Kadis of the Sharia Court of Appeal of the Federal Capital
Territory, Abuja;
(xi) the President of the Customary Court of Appeal of the Federal
Capital Territory, Abuja;
"
(xii) the Judges of the Customary Court of Appeal of the Federal
Capital Territory, Abuja;
16
(xiii) the Chairman and members of other Courts or Arbitration Boards
17
or Boards of Inquiry or Tribunal established "for the Federation by the
18
Constitution and by an Act of the National Assembly ;
19
(xiv) the Chairman and Members of the National Assembly Election
20
Tribunal;
21
(g) the National Security Adviser, the Director-General of the State Security
22
Service, and the Director-General of the National Intelligence Agency,
23
respectively ;
24
25
(h) the Clerk of the National Assembly, and Chairman and members of the
National Assembly Service Commission;
26
(/) the Secretary to the Government of the Federation ; and
27
(/) the Head of Civil Service of the Federation.
28
3.—(1) Subject to the provisions of this Act, and the relevant provisions
Objectives
and special
29
of the Constitution thereof, nominations or appointments made by the Federal
30
Government to administrative positions of authority in the public Service of the
provisions
C10 2000 No.
Confirmation by the Senate of Federal Government Appointments
{Special Provisions, etc.)
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Federation shall, among other things—
2
(a) be occupied by persons who posses requisite qualification and
3
experience, unquestionable integrity and sound political judgment with regard
4
to the position offered, and as specified by the relevant provisions of the
5
Constitution and by an Act of the national Assembly ;
6
7
(6) not be dominated by persons from any particular geo-political zone of
the Federation,
8
9
(c) be evenly spread to reflect the federal character of Nigeria pursuant to
the provisions of Section 14 (3) of the Constitution;
10
(d) afford the Senate the privilege to meet and scrutinize persons who are
11
to be charged with positions of authority, to wit, disbursing funds to which
12
the National Assembly has powers to control and legislate upon, pursuant to
13
item 1 of the Exclusive Legislative List, Part I of the Second Schedule to the
14
Constitution ;
15
(e) not be limited to certain persons or sectional group of persons who
16
may be predominantly favoured to occupy certain administrative positions in
17
the public service of the Federation ;
18
(/) be limited to any person to serve two terms in office in any administrative
19
position in the public service of the Federation and which person, thereafter,
20
shall not be eligible for any other appointment, to any other administrative
21
position, specified under Section 2 of this Act;
22
(g) generally ensure an equitable participation by the people in their
23
government and to foster a feeling of belonging and of involvement among
24
The various people of the Federation in the affairs of government.
25
(2) In order to give effect to the objectives and special provisions
26
aforementioned the Senate shall have powers to device or set standards or rules
27
or procedure or guidelines for the scrutiny and confirmation of appointments or
28
nominations to administrative positions of authority in the public service of the
29
Federation, brought before that legislative house, by government from time to
30
time.
Confirmation by the Senate of Federal Government Appointments
(Special Provisions, etc.) .-'■
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2000 No. C11
(3) The special provisions of paragraph (/) of Sub-section (1) of this Section
shall be subject to the provisions of Section 155 of the Constitution.
3
(4) Notwithstanding the provisions of any other law or enactment in the
4
Federation, the President shall confer with Senate leaders before nominating an
5
individual for a ministerial position, to determine in advance that he is persona
6
grata. .
7
4.—(1) without prejudice or derogation to any other enactment or statute Qualifications.
etc. required
or law relating to the nomination or appointment by government of any person
8
confirmation
9
to any administrative position of authority in the public service of the Federation,
10
and pursuant to the provisions of Section 2 of this Act, any person appointed or
11
nominated by government to any administrative position of authority in the
12
public service of the Federation shall not be qualified for confirmation by the
13
Senate if—
14
15
16
(a) he is not qualified or if he is disqualified for election as a member of
House of Representatives;
(6) within the preceding ten years, he has been removed from any
17
administrative position in the public service of the Federation to which section
18
2 of this Act applies or removed from a registered private company or concern
19
in the Federation, for misconduct or abuse of office ;
20
(c) he has previously served two terms of office in any administrative
21
position of authority in the public service of the Federation specified under
22
section 2 of this Act;
23
24
(d) he has been adjudged or declared bankrupt by any court or tribunal or
Board of Inquiry in the Federation or in any part of the world ;
25
(e) he is proved to be financially indebted to government or any commercial
26
bank or enterprise or company, or to any group of persons on or before the
27
date of his nomination or appointment to any administrative position of
28
authority in the public service of the federation ;
29
(/) he is disqualified or suspended from practice by any recognized
30
professional bodies in the Federation or in any country which maintains
C12 2000 No.
Confirmation by the Senate of Federal Government Appointments
{Special Provisions, etc.)
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(g) he is adjudged to be a lunatic or declared to be a person of unsound
mind;
(h) he has been found guilty of contravening any of the provisions of the
Code of Conduct of the Federal Republic of Nigeria;
(/) he has been indicted for embezzlement or found guilty of any offence
7
by and Arbitration Board or court or tribunal of inquiry and which indictment
g
has been accepted by the Federal or State Government, respectively.
9
Removal of
diplomatic relationship with Nigeria;
(2) For the avoidance of any doubt, and without prejudice to the generality
10
of the provisions of this Act, any person nominated or appointed by the
11
government to any administrative position of authority in the public service of
12
the Federation, which position requires the knowledge and application of
13
professional skills and experience in that office, shall, to that extent, be a person
14
with post qualification experience of not less than ten years in a discipline which
15
is related to that office for which he is nominated or appointed.
16
(3) Any person employed in the public service of the Federation shall not
17
be disqualified for appointment to any administrative position under Section 2
18
of this Act:
19
Provided that where such person has been duly nominated or appointed
20
he shall on his appointment be deemed to have resigned from the former office
21
as from the date of the appointment, and provided also that such person satisfies
22
provisions for qualification and confirmation by the, Senate to any
23
administrative position of authority in the public service of the Federation, as
24
Set out in this Act.
25
5.—(1) Subject to the provisions of Section 157 of the Constitution, a
26
people holding any of the administrative positions to which this Act applies
appointees
from office.
27
28
29
30
may be removed from office by—
(a) the President, acting on an address supported by a simple majority of
the Senate; or
(b) the Senate, acting on an address supported by two-thirds majority of
2000 No. C13
Confirmation by the Senate of Federal Government Appointments
{Special Provisions, etc.)
1
its number, following the consideration of a public petition or complaint or
2
allegation of the contravention by any public officer appointed to the said
3
administrative position, of the provisions of this Act, presented to that
4
legislative house by a Senator :
5
Praying that the person be so removed for inability to discharge the
6
functions of the office held (whether arising from infirmity of mind or body or
7
any other cause) or for misconduct or abuse of office.
8
(2) A person so removed pursuant to Sub-section (1) of this Section shall
9
not be eligible to be nominated or appointed by government to any administrative
10
position of authority in the public service to which the provisions of this Act
11
applies, or if nominated or appointed shall not be confirmed by the Senate of the
12
Federal Republic of Nigeria, when such nomination or appointment is brought
13
Before that legislative house.
14
6.—(1) As from the commencement of this Act, any nomination or
offences and
Penalties.
15
appointment made by government to administrative positions of authority in the
16
public service of the Federation, to which the provisions of this Act applies,
17
without obtaining confirmation by the Senate, with respect to the said appointment
18
shall be an offence against the provisions of this Act.
19
(2) If the offence committed under Sub-section (1) of this Section is brought
20
to the notice of the Senate by any Senator, the Senate shall immediately cause a
21
publication to be made in the Federal Republic of Nigeria Official Gazette in
22
respect of that appointment, directing an immediate compliance with the
23
provisions of this Act while at the same time declaring such appointment null
24
and void and of no effect.
25
(3) If the offence in Sub-section (1) of this Section is continued two weeks
26
after the publication required under Sub-section (2) of this Section had been
27
made, the Senate shall seek an explanation from the President or the public
28
officer charged with the responsibility of making that appointment, which
29
explanation shall be presented to the Senate within seven days of the receipt of
30
that directive.
C14 2000 No.
Confirmation by the Senate of Federal Government Appointments
(Special Provisions, etc.)
j
(4) And if the explanation demanded under Sub-section (3) of
2 this Section
3 is made or not made, or it is made and ruled to be unsatisfactory by a simple
4 majority vote of the Senate, and the offence continues thereafter such ruling has
5 been made, the procedure for—
6
(a) the removal of that President from office shall
7
commence in accordance
8
with the provisions of Section 143 of the Constitution ;
9
or
10
Senate to
keep records
and make
regulations.
(b) the removable of the public officer charged with
11
the responsibility of
12
making that nomination or appointment under Sub-
13
section (1) of this Section
14
shall commence in the Senate in accordance with the
15
provisions of Section 5
16
(l)()of this Act.
17
7.—(l) The Clerk of the Senate shall, under supervision of the President of
18 the Senate, keep and maintain proper records of all nominations or appointments
19 made by government to administrative positions of authority in the public service of
20 the Federation, and which nomination or appointment were confirmed or
21 rejected by that legislative house during the period for which that house was
22 elected.
23
(2) The Senate may, by regulations made by its number, prescribe anything
24 falling to be prescribed for the purposes of this Act.
Access to
records, etc.
25
8.—(1) Subject to the powers conferred on the National Assembly by the
26 Constitution, and in furtherance of the provisions of Section 7 (1) and the
27 functions expressed in this Act, the Senate shall through any of its Standing
28 Committees or any Senator authorized in that behalf—
29 (a) have a right of access to all the records of any—
30
(0 commission or authority or extra-ministerial department or parastatal
Established for the Federation ;
(//) statutory corporation established by an Act of the National Assembly;
(Hi) any company or enterprise in which the Government of the
Federation or its agency owns controlling shares or interest, or in which
the government is empowered by law to appoint a representative to any
position of authority in such company or enterprise ; and
Confirmation by the Senate of Federal Government Appointments
(Special Provisions, etc.)
1
(; v) other government establishments to which the provisions of this
2
Act relates ;
3
(b) by notice, in writing served on a person in charge of any government
4
establishment described under paragraph (a) of this Sub-section, to supply
5
Information on such matters as may be specified in such notice.
6
(2) It shall be the duty of any person or authority required to supply
7
information pursuant to Sub-section (1) of this Section to comply with the notice
8
Within a reasonable period of time.
9
10
9.—(1) In this Act, unless it is otherwise expressly provided or the context Interpretation.
otherwise requires—
11
"Act" or "Act of the National Assembly" means any law made by the
12
National Assembly and includes any law which takes effect under the
13
provisions of the Constitution as an Act of the National Assembly ;
14
"Authority" includes government;
15
"Code of Conduct" refers to the Code of Conduct contained in the Fifth
16
Schedule of the Constitution;
17
"Confirmation by the Senate" means scrutiny and confirmation by the
18
Senate of nominations or appointments made to administrative positions in
19
the public service of the Federation, and as defined under Section 1 of this
20
Act;
21
22
2QQ NQ. C15
"Constitution" means the Constitution of the Federal Republic of Nigeria,
1999;
"Exclusive Legislative List" means the list in Part I of the Second Schedule
23
24
25
of the Constitution;
"Existing Laws" has the meaning assigned to it in Section 315 of the
Constitution;
26
"Federal Character of Nigeria" refers to the distinctive desire of the peoples
27
of Nigeria to promote national unity, foster national loyalty and give every
28
citizen of Nigeria a sense of belonging to the nation as expressed in Section
29
14 (3) of the Constitution ;
C16 2000 No.
Confirmation by the Senate of Federal Government Appointments
{Special Provisions, etc.)
1
"Federation" means the Federal Republic of Nigeria ;
2
"functions" includes powers and duties ;
3
'government" when used with regard to this Act, includes Government of
4
the Federation or any person who exercise power or authority on its behalf;
5
"judicial officer" is a reference to the holder of any judicial office; -
6
"legislative house" used in this Act, means the Senate ;
7
"Misconduct" means a breach of the Oath of Allegiance or oath of office
8
of any person in public service of the Federation, or a breach of the provisions
9
of the Constitution or bribery or corruption or false declaration of assets and
10
11
"nominations or appointments includes nominations or appointments
12
made by government to administrative positions of authority in the public
13
service of the Federation, pursuant to Section 2 of this Act;
14
"powers" includes functions and duties ;
15
"prescribed" means prescribed by or under this Act or any other law ;
16
"President" means the President of the Federal Republic of Nigeria ;
17
"Public Service of the Federation" means the service of the Federation in
18
any capacity in respect of the Government of the Federation and includes
19
service as specified under Section 318(1) of the Constitution.
20
21
22 ,
23
Citation.
liabilities or conviction for treason or treasonable felony;
24
25
26
(2) In this Act, reference to a person holding an office shall include
reference to person acting in such office.
(3) The interpretation Act 1964 shall apply for the purpose of interpreting
the provisions of this Act.
10.—(1) This Act may be cited as Confirmation by the Senate of Federal
Government Appointments (Special Provisions, etc.) Act, 1999.
(2) the provisions of this Act are in addition to and not in derogation or
27
prejudice to the provisions of the Constitution or any other enactment or existing
28
law relating to government appointment to positions of authority in the
29
Federation.
Confirmation by the Senate of Federal Government Appointments
(Special Provisions, etc.)
EXPLANATORY NOTE
The Bill seeks to ensure that persons nominated or appointed to
administrative positions of authority in the public service of the Federation are
scrutinized and confirmed by the Senate, and that such persons so nominated or
appointed are of unquestionable integrity and impeccable character and are
indeed qualified to occupy the positions offered..
Furthermore, the provisions of the Bill strives to impel a strict adherence
to the principles of the Federal Character of Nigeria and to ensure adequate
participation by the people in their government, and foster a feeling of belonging
and of involvement among the various peoples of the Federation in the affairs of
government.
{Signed) SENATOR
IKENWACHUKWU, GCMC, CFR, mni
2000 No. Cl 7