By Eric Teniola
2.(1)THERE is hereby established for the Commission a Governing Board (in this Act referred to as “the Board”), which shall consist of-(a) a Chairman
(b) one person who shall be an indigene of an oil producing area to represent each of the following member States, that is, (i) Abia State, (ii) Akwa lbom State, (iii) Bayelsa State, (iv) Cross River State, (v) Delta State, (vi) Edo State, (vii) Imo State, (viii) Ondo State, and (ix) Rivers State;
(c) three persons to represent non-Oil Mineral Producing States provided that such membership should be drawn from the remaining geo-political zones which are not represented in the Commission; (d) one representative of oil producing companies in the Niger Delta nominated by the oil producing companies; (e) one person to represent the Federal Ministry of Finance; (f) one person to represent Federal Ministry of Environment (g) the Managing Director of the Commission (h) two executive directors.
(2) The Chairman and other members of the Board shall (a) be appointed by the President, Commander-in-Chief of the Armed Forces, subject to the confirmation of the Senate, in consultation with the House of Representatives (b) be persons of proven integrity and ability. (3) The members of the Board referred to in paragraph (a – f) of sub-section (1) of this section shall be part-time members (4) The supplementary provisions set out in the Schedule to this Act shall have effect with respect to the proceedings of the Board and the other matters contained therein.
3 (1) Subject to the provisions of section 4 of this Act a member of the Board, other than an ex-officio member, shall hold office for a term of four years at the first instance and may be re-appointed for a further term of four years and no more. (2) A member of the Board other than ex-officio member, may resign his appointment by notice, in writing under his hand addressed to the President Commander-in-Chief of the Armed Forces, which resignation shall take effect only upon receipt by the President, Commander-in-Chief. 4 The office of the Chairman shall rotate amongst the member states of the Commission in the following alphabetical order (a) Abia State; (b) Akwa Ibom State; (c) Bayelsa State; (d) Cross River State; (e) Delta State; (f) Edo State; (g) Imo State; (h) Ondo State; and (i) Rivers State.
- (1) Notwithstanding the provisions of section 3 of this Act, a person shall cease to hold office as a member of the Board if- (a) he becomes bankrupt, suspends payment or compounds with his creditors; or (b) he is convicted of a felony or any offence involving dishonesty or fraud, or (c) he becomes of unsound mind, or incapable of carrying out his duties; or (d) he is guilty of a serious misconduct in relation to his duties; or (e) in the case of a person possessed of professional qualifications, he is disqualified or suspended, other than at his own request, from practising his profession in any part of the world by an order of a competent authority made in respect of that member: or (f)he resigns his appointment by a letter addressed to the President, Commander- in-Chief of the Armed Forces. (3) Where a vacancy occurs in the membership of the Board it shall be filled by the appointment of a successor to hold office for the remainder of the term of office of his predecessor, so however, that the successor shall represent the same interest and shall be appointed by the President, Commander-in-Chief of the Armed Forces subject to the confirmation of the Senate in consultation with the House of representatives. 6 There shall be paid to every member of the Board such remunerations, allowances and expenses as the Federal Government may, from time to time, direct.
Section 12 of the NDDC Acts states (1) there shall be for the Commission, a Managing Director, and two Executive Directors who shall be indigenes of oil producing areas starting with the member states of the Commission with the highest production quantum of oil and shall rotate amongst member states in the order of production. (a) have such qualification and experience as are appropriate for a person required to perform the functions of those offices under this Act; and (b) the Managing Director shall be the chief executive and accounting officer of the Commission (c) be appointed by the President, Commander-in-Chief of the Armed Forces and confirmed by the Senate in consultation with House of Representatives. (d) hold office on such terms and conditions as to emolument, conditions of service as may be specified in his letter of appointment and subject to the provision of section 3 of this Act.
(2) The Managing Director shall, subject to the general direction of the Board, be responsible – (a) for the day to day administration of the Commission; (b) for keeping the books and proper records of the proceedings of the Board, and (c) for -(i) the administration of the secretariat of the Board, and (ii) the general direction and control of all other employees of the Commission and Section 28. (1) The Oil Mineral Producing Areas Development Commission Decree 1998 is hereby repealed and accordingly, the Commission established under that Decree (in this section referred to as “the dissolved Commission”) is consequentially dissolved.
(2) By virtue of this Act, there shall be vested in the Commission immediately at the commencement of this Act, without further assurance, all assets, funds, resources and other movable and immovable property which immediately before the commencement of this Act were vested in the dissolved Commission. (3) As from the date of the commencement of this Act, all rights, interests, obligations and liabilities of the dissolved Commission existing before the commencement of this Act under any contract or instrument or in law or equity, shall by virtue of this Act be assigned to and vested in the Winding-up Committee to be established and funded by the Federal Government to verify and settle outstanding debt of the dissolved Commission.