CHARTERED INSTITUTE OF LOCAL GOVERNMENT AND PUBLIC ADMINISTRATION ACT

201729 sectionsFederal Republic of Nigeria

Section 1: ESTABLISHMENT OF THE CHARTERED INSTITUTE OF LOCAL GOVERNMENT AND PUBLIC ADMINISTRATION OF NIGERIA

(1) There is established the Chartered Institute of Local Government and Public Administration of Nigeria (in this Act, referred to as "the Institute").
(2) The Institute-
(a) shall be a body corporate with perpetual succession and a common seal;
(b) may acquire, hold and dispose of moveable and immovable property; and
(c) may sue or be sued in its corporate name.

Section 2: FUNCTIONS OF THE INSTITUTE

The Institute shall-(a) determine the standards of knowledge and skills attained by persons seeking to become members of the Institute and improve those standards from time to time;
(b) secure a register of members of the institute;
(c) promote research and development mof curricula of training of local governmnet employees and public administrators;
(d) provide consultancy services in appopriate cases
(e) arrange conferences, seminars, symposia and meetings ; and
(f) carry out such functions that are intended to facilitate the achivement of the objects contained in this Act

Section 3: POWERS OF THE INSTITUTE

(1) The Institute has power to do all things necessary and convenient to be done in connection with the performance of its functions and in particular, may-
(a) enter into contracts ;
(b) charge fees for its services ;
(c) make regulations for the confernment of charter ; and
(d) make penal regulations.
(2) The Institute has the power to award honoraray membership of the Institute to persons it deems worthy of such honour on terms and conditions prescribed by the Council and approved by the Institute in a general meeting.

Section 4: ESTABLISHMENT AND COMPOSITION OF GOVERNING COUNCIL

(1) There is established for the Institute a Governing Council (in this Act referred to as "the Council") charged with the administration and management of the Institute, whose membership consists of-
(a) the President, elected by Council members amongst themselves ;
(b) the Vice-President, elected by Council members amongst themselves ;
(c) two persons appointed by the Minister ;
(d) 6 persons elected by the Institute ; and
(e) an immediate past President of the Institute who is entitled to serve for a further maximum term of three years from the expiration of his tenure as President.
(2) The President and the Vice-President shall hold office for a term of two years from the date of their elections.
(3) The President shall preside at meetings of the Council, and in his absence, the Vice-President shall preside.
(4) The provisions set out in the Schedule to this Act shall have effect with respect to operation, qualification, tenure of office of members of the Council and other matters mentioned in it.

Section 5: APPOINTMENT OF REGISTRAR AND PREPARATION OF REGISTER

(1) The Council shall appoint the Registrar who shall be the Chief Executive Officer of the Institute
(2) A person appointed as the Registrar shall have served the Institute for a period of at least two years preceding the date of his appointment.
(3) The Registrar shall prepare and maintain, in accordance with the rules and regulations made by the Council, a register of-
(a) names,
(b) addresses,
(c) approved qualifications, and
(d) other particulars,
of all persons who are entitled to be enrolled as fellows, members, associates or registered students and who, in the manner prescribed by such rules, apply to be so registered.

Section 6: FUNCTIONS OF THE REGISTRAR

(1) The Registrar shall be the Secretary to the Council and shall keep minutes of proceedings at all meetings of the Council.
(2) The Registrar shall-
(a) in accordance with the directions of the Council, correct any entry in the register which the Council directs him to correct as being in the opinion of the Council, an entry which was incorrectly made ;
(b) from time to time, make any necessary alteration to the particulars of registered members ;
(c) record the names of the registered members who are in default for more than six months in the payment ofannual subscriptions ; and
(d) remove the names of defaulters from the register as the Council may direct or require.

Section 7: OTHER STAFF

(1) The Council may, on the recommendation of the Registrar, appoint such other staff as it may consider necessary to assist the Registrar in the discharge of his duties.
(2) The appointment of the Registrar and other staff shall be pensionable in accordance with the terms and conditions of service in the Public Service of the Federation of Nigeria.

Section 8: CONTENT OF THE REGISTER

The register shall be in four parts-(a) fellows ;
(b) members ;
(c) associates ; and
(d) registered students.

Section 9: REGULATIONS

The Council may, by regulations, provide for the-(a) manner of making entries in the Register ;
(b) manner of application for enrolment or registration in the Register ; and
(c) fees, including annual subscriptions payable to the lnstitute.

Section 10: PUBLICATION OF THE REGISTER AND LIST OF CORRECTION

The Registrar shall-(a) cause the register to be printed and published not later than two years from the coming into force of this Act ;
(b) thereafter in each year after the register is first published under paragraph (a) cause to be printed, published and put on sale a corrected edition of the register ;
(c) cause a print of each edition of the register and of each list of corrections to be deposited at the principal ofice of the Institute ; and
(d) make the register and lists so deposited available at all reasonable times for inspection by members of the public.

Section 11: EVIDENCE OF REGISTRATION

A print of an edition of the register published under this section by the registrar (without prejudice to any other mode of proof) shall be admissible in any proceeding as evidence that any specifed in the register was so registered at the date of the edition, and that any person not so speecified was not so registered.

Section 12: QUALIFICATION FOR MEMBERSHIP

(1) A person is entitled to be registered as a member of the Institute if he-
(a) passes the qualifying professional examination conducted by the Council and completes the practical training prescribed
(b) holds a qualification accepted by the Council as sufficient practical experience in local government and public administration ; or
(c) holds a qualification granted outside Nigeria which is recognised by the Council and he is by law entitled to practise the profession for all purpose in the country in which the qualification was granted.
(2) An applicant for registration shall, in addition to evidence or qualification, satisfy the Council that he-
(a) is of good character ;
(b) had attained the age of 18 years ; and
(c) has not been convicted in Nigeria or elsewhere of an offence involving dishonesty.
(3) The Council may provisionally accept a qualification produced in respect of an application for registration under this section, or direct that the application be renewed within such period as may be specified in the direction.
(4) An entry made under subsection (3), shall show that the registration is provisional and such entry may only be convened to full registration with the consent of the Council signified in writing.

Section 13: PUBLICATION IN THE GAZETTE

The Council shall periodically publish in the Federal Government Gazette particulars of qualifications acceptable for registration.

Section 14: DESIGNATION OF MEMBERS

(1) Members admitted to the Institute shall be registered as Chartered Local Government and Public Administrators in the categories of-
(a) fellows ;
(b) members ;
(c) associate ;
(d) registered students.
(2) Persons accorded by the Council, the status of Chartered Local Government and Public Administrators are entitled to the use of that name and shall be enrolled as-
(a) fellows, if they are at least 35 years of age and-
(i) have 10 years relevant working experience in a public organisation,
(ii) have, for at least three years in the past l0 years, held in relevent senior appointments in a public organisation,
(iii) are holders of the professional qualifying certificate of the Institute,
and
(iv) are otherwise considered by the Council to be fit to be so enrolled ;
(b) members, if they are at least 30 years and-
(i) have passed a professional qualifying examination of the Institute or
(ii) have at least eight years relevant working experience in a public organisation ;
(c) associates if they are at least 21 years and- (i) have passed the professional qualifying examination of the lnstitute or any equivalent examination recognised by the Institute, or
(ii) have at least five years relevant working experience in a public organisation ; and
(d) registered students, if they are at least 18 years and have passed with credits in West African School Cerificate or General Certificate
Examination Ordinary Level or Senior Secondary Certificate Examination in five papers at no more than two sittings.

Section 15: DESIGNATORY LETTERS

The designatory letters of the-(a) fellows of the Institute shall be "FCPA"
(b) members of the Institute shall be "MCPA", and
(c) associates of the Institute shall be "ACPA".

Section 16: APPROVAL FOR QUALIFIACTION

The Council may approve any course of training at any approved Insitute which is intended for persons seeking to become or are already engaged in local govemment and public administration and which the Council
considers as being designed to confer on persons completing it sufficient knowledge and skill for admission into the Institute.

Section 17: SUPERVISION OF INSTRUCTIONS

(1) The Council shall keep itself informed of the nature of-
(a) instructions given at approved institutions to persons attending approved courses of training ; and
(b) examination, the result of which qualifications are granted, and for the purpose of discharging that duty, the Council may appoint, either from among its own members or otherwise, persons to visit approved institutions to observe such instructions to observe such instructions or examinations.
(2) Persons appointed under subsection (1) shall report to the Council on the sufficiency or otherwise of the instructions given to persons attending approved courses of training at institutions visited by them.

Section 18: SIGNATORY TO CERTIFICATES

The President and Registrar shall be the joint signatory to certificates awarded by the Institute.

Section 19: FUND OF THE INSTITUTE

(1) The Council shall establish and maintain a fund (in this Act referred to as "the Fund") to be applied for the functions of the lnstitute.
(2) The Institute shall, not later than 1st October in each financial year or soon thereafter, submit to the Council for approval its estimate of revenue and expenditure in respect of each year.
(3) The Council may borrow money for the purposes of the Institute.
(4) There shall be paid and credited into the Fund-
(a) all fees and other money payable to the Institute ;
(b) all grants, aids and solicited funds received for the Institute ; and
(c) proceeds from programme and activities.

Section 20: EXPENDITURE

(1) There shall be defrayed from the Fund-
(a) the remuneration and allowances of the Registrar and other employees of the Institute ;
(b) such reasonable traveling allowance (as determined by the Council
and its Committees) incurred in the business or official functions of the lnstitute; and
(c) any expenses incurrcd by the Council in the discharge of its duties.

Section 21: AUDITING OF ACCOUNTS

(1) The Council shall keep proper records of the annual accounts of the Institute in each financial year.
(2) The accounts of the Institute shall be audited within six months after the end of each financial year by auditors appointed from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation
(3) The fees of the auditors and the expenses of audit shall be paid from the Fund of the Institute.
(4) The audited annual accounts and report shall be submited by the Council to the Members of the Institute at the annual general meeting.

Section 22: PUBLICATION OF REGULATIONS

Any regulation made under this Act shall be published in the Federal Government Gazette as soon as they are made and the Minister shall lay a copy of any such regulation before the National Assembly for consideration and passage into law.

Section 23: ESTABLISHMNET OF INVESTIGATING PANEL

(1) There is established an Investigating Panel (in this Act referred to as "the Panel") consisting of three members and two non-members of the Council who shall be appointed by the Council charged with the duty of-
(a) conducting preliminary investigation into allegations that a registered member has misconducted himself in his capacity as a
registered member ; and
(b) deciding whether the allegations should be referred to the Disciplinary Commtttee or not

Section 24: ESTABLISHMENT OF DISCIPLINARY COMMITTEES

There is established a Disciplinary Committee (in this Act referred to as "the Committee") consisting of seven members one of whom shall be the Chairman appointed by the Council, charged with the duty of investigating and determining any case referred to it by the Panel.

Section 25: PENALTIES FOR UNPROFESSIONAL CONDUCT

(1) Where-
(a) a registered person is adjudged by the Committee to be guilty of infamous misconduct in any professional respect,
(b) a registered person is convicted in Nigeria or elsewhere by any court of competent jurisdiction, or
(c) the Committee determines that the name of any person has been fraudulently registered, the Committee may give a direction reprimanding that person or ordering the Registrar to strike the person's name out of the relevant part of the Register.
(2) The Committee may defer or further defer its decision as to the giving of a direction under subsection (1) until a subsequent meeting of the Committee.
(3) The Committee may not defer its decision under subsection (2) for a period exceeding one year.
(4) When the Committee gives a direction under subsection (1), the Committee shall cause notice of the direction to be served on the person to whom it relates.
(5) The person to whom a direction under subsection (1) relates may, at any time within 28 days from the date of service on him, appeal against the direction to the Federal High Court.
(6) A person whose name is removed from the register under a direction of the Committee may not be registered again except under a direction in that respect given by the Committee on the application of that person.
(7) A direction for the removal of a person's name from the register may prohibit an application under subsection (1) of this section by that person until the expirarion of such period from the date of the direction.

Section 26: OFFENCES AND PENALTIES

(1) A person commits an offence who-
(a) holds himself out as a Chartered Local Government and Public Administrator ; or
(b) willfully makes falsification in any matter relating to the register.
(2) A person who contravenes subsection (1) is liable on-
(a) summary conviction, to a fine not exceeding N1,000 ; or
(b) conviction on indictment, to a fine not exceeding N 5,000 or to a term of imprisonment not exceeding two years or both.

Section 27: LIMITATION OF SUITS AGAINST THE COUNCIL AND ITS STAFF

(1) Notwithstanding anything to the contrary contained in any other enactment, no suit shall lie or be instituted in any court against the Institute, a member or any employee of the Institute for an act done in pursuance or execution of any enactment or law, or of any public duty or authority, or in respect of an alleged negligence or default in the execution of such enactment or law, duty or authority, unless it is commenced within 12 months next after the act or neglect complained of or in the case of a continuing damage or injury, within 12 months next after the ceasing of damage or injury.
(2) No suit shall be commenced against the Institute before the expiration
of a period of one month notice of intention to commence the suit shall have
been served upon the Institute by the intending plaintiff or his authorised agent
and the notice shall clearly state-
(a) the cause of action ;
(b) the particulars of the claim ;
(c) the name and place of abode of the intending plaintiff ; and
(d) the relief which he claims
(3) The notice referred to in subsections (1) and (2) and any summons, notice or other document required or authorised to be served upon the Institute under the provisions of this Act or any other enactment or law may be served by delivering the same to the President, Chairman, Council or the Registrar of the Institute or by sending it by registered post to the principal office of the Institute.

Section 28: INTERPRETATION

ln this Act-
"lnstitute" means the lnstitute of Chartered Local Government and Public Administration established under section 1(1) of this Act ;
"Minister" means the Minister charged with the responsibility of matters relating to education ; and
" registered" means enrolled.

Section 29: CITATION

This Act may be cited as the Chartered lnstitute of Local Government and Public Administration of Nigeria Act, 20I7.