CHARTERED INSTITUTE OF PUBLIC ADMINISTRATION OF NIGERIA (ESTABLISHMENT) ACT, 2022

202222 sectionsFederal Republic of Nigeria

Section 1: Establishment of the Chartered Institute of Public Administration of Nigeria

(1) There is established the Chartered Institute of Public Administration of Nigeria (in this Act referred to as "the Institute") which —
(a) shall be a body corporate with perpetual succession, and a common seal which shall be kept in such custody as the Council may direct;
(b) may sue and be sued in its corporate name; and
(c) may acquire, hold and dispose of any property, moveable or immovable.
(2) The Institute shall —
(a) establish and maintain a register of members and publish the register in line with the provisions of this Act;
(b) promote the practice of public administration in Nigeria; and
(c) perform all other functions conferred on the Council under this Act.

Section 2: Membership of the Institute

(1) Subject to section 12 of this Act, a person admitted to membership of the Institute shall be registered as a member of the profession in the category of —
(a) Fellows;
(b) Full Members;
(c) Associate Members;
(d) Graduate Members;
(e) Student Members; or
(f) Corporate or Institutional Members.
(2) Every member of the Institute in all the categories listed in subsection (1) shall attend Mandatory Continuous Professional Training Program (MCPTP) as specified by the Council for reorientation and development processes.

Section 3: Membership privileges

(1) A member of the Institute is entitled to receive from the Council, a certificate in such form as the Council may approve for that purpose.
(2) A member is entitled to use such letters after his name as may be authorised by the Council and, if registered into the category of –
(a) Fellows, he shall use the initials, "FCIPA";
(b) Full Members, he shall use the initials, "MCIPA"; and
(c) Associate Members, he shall use the initials, "ACIPA".

Section 4: Principal officers of the Institute and their responsibilities

(1) The principal officers of the Institute are the —
(a) President;
(b) Vice President; and
(c) National Treasurer.
(2) The principal officers shall —
(a) be members of the Institute;
(b) be elected at the Annual General Meeting (AGM) of the Institute; and
(c) hold office each for a term of two years and may be eligible for re- election for one further term of two years and no more.
(3) The President shall be the Chairman at the meetings of the Institute and, in the event of the death, incapacitation or inability for any reason of the President to perform the functions of his office, the Vice President shall act in his place for the unexpired period of the term of office or as the case may require, and any reference in this Act to the President shall be construed accordingly.
(4) The President, Vice President, and the National Treasurer shall be the Chairman, Deputy Chairman and the Treasurer of Council respectively.
(5) If the President, the Vice President, or the National Treasurer ceases to be a member of the Institute, they shall cease to hold any office designated under this section.

Section 5: Establishment of the Governing Council

(1) There is established for the Institute a Governing Council (in this Act referred to as "the Council") charged with responsibility for the administration and general management of the Institute.
(2) The Council shall consist of –
(a) the President of the Institute as Chairman;
(b) the Vice President of the Institute as Vice-Chairman;
(c) the Treasurer;
(d) the Registrar as Secretary;
(e) one person, representing the Federal Ministry of Education;
(f) one person, representing the Office of the Head of the Civil Service of the Federation;
(g) two members who are Heads of Service of State and nominated by the Council for two years;
(h) one member from educational institutions nominated by the Council for two years;
(i) Chairman, Board of Fellows; and
(j) the immediate past President of the Institute and Chairman of the Council.
(3) The provisions of the First Schedule to this Act shall have effect with respect to the qualifications and tenure of office of members of the Council and other matters mentioned in the First Schedule. [First Schedule]

Section 6: Board of Fellows

(1) There shall be appointed bi-annually by the Council a Board of Fellows to coordinate the activities of Fellows of the Institute and to recommend to the Council on a yearly basis admission of members to the membership category of Fellows.
(2) The Board of Fellows shall consist of persons who have been duly elected as Fellows of the Institute.

Section 7: Fund of the Institute

(1) There is established a fund of the Institute (in this Act referred to as "the Fund") into which shall be paid all —
(a) fees and other money payable to the Institute under this Act; and
(b) revenue from other sources both local and international.
(2) There shall be paid out of the Fund –
(a) all expenditure incurred by the Council in the discharge of its functions under this Act;
(b) the remuneration and other allowances of the Registrar and other staff of the Institute; and
(c) such reasonable traveling and subsistence allowances of members of the Council in respect of the time spent on the duties of the Council as the Council may determine.
(3) The Institute may invest money in any bond or other security created, issued by, or guaranteed on behalf of the Federal Government or in any other securities in Nigeria approved by the Council.

Section 8: Power to borrow

The Institute may borrow money subject to the approval of the Governing Council for the purpose of the Institute and any interest payable on the money borrowed shall be paid out of the Fund of the Institute.

Section 9: Accounts and audit

(1) The Council shall —
(a) keep proper accounts on behalf of the Institute in respect of each year and proper records in relation to those accounts; and
(b) cause the accounts to be audited by an auditor appointed from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation.
(2)
The report of the audited accounts shall be submitted to the members of the Institute for their approval at a meeting of the Institute.
(3) The auditor appointed for the purpose of this section shall not be a member of the Council.

Section 10: Appointment, duties and responsibility of the Registrar

(1) The Council shall appoint a fit and proper person as the Registrar of the Institute for the purpose of this Act.
(2) The Registrar shall be a –
(a) financial member of the Institute; and
(b) Fellow of the Institute.
(3) The Registrar shall be the chief executive officer of the Institute and Secretary to the Council.
(4) The Registrar shall prepare and maintain, in accordance with the rules made by the Council under subsection (5), a register of names, addresses, approved qualifications and other relevant requirements as may be specified, for all persons who are enrolled as Fellows, Full Members, Associate Members, Graduate Members and Student Members of the Institute.
(5) The Council shall make rules as to the form and keeping of the register and the making of entries, in particular for
(a) application for enrolment;
(b) determining the qualification of persons seeking to be members of the Institute; and
(c) specifying the fees and subscription to be paid to the Institute in respect of the entry of names into the register and authorising the Registrar to refuse to enter any name until a specified fee is paid.

Section 11: Publication of register and list of corrections

(1) The Registrar shall —
(a) correct in accordance with the Council's direction, any entry in the register which the Council directs him to correct as being in the Council's opinion an entry which is incorrectly made;
(b) make any alterations in the registered particulars of registered members;
(c) remove from the register, the name of a registered member who has died or a person whose name is directed to be struck off as a result of disciplinary action;
(d) record the names of members of the Institute who are in default for more than four years in the payment of annual subscription and to take such actions as may be deemed fit under this Act;
(e) cause the register to be printed, published and put on sale to members of the public not later than two months from the commencement of this Act;
(f) subsequently, in each year after the year in which the register is first published under paragraph (e), cause to be printed, published and put on sale either a corrected edition of the register or a list of corrections made to the register since it was last printed;
(g) cause a print of each edition of the register and of its list of corrections to be deposited at the principal office of the Institute; and
(h) keep the register and list so deposited and make the register and list available, at all reasonable times, for inspection by members of the public, either physically or virtually through an internet portal.
(2) A document purporting to be a print of an edition of the register published under this section by authority of the Registrar, or document purporting to be print of an edition so published, shall without prejudice to any other mode of proof, be admissible in any proceeding as evidence that any person specified in the documents read together, as being registered was so registered at the date of the edition or of the list of corrections as the case may be, and that any person not so specified was not so registered.
(3) Where a person is, in any proceeding, shown to have been or not to have been registered at a particular date, he shall, unless the contrary is proved, be taken for the purpose of those proceedings as having at all material times thereafter continued to be, or not to be, so registered.

Section 12: Qualification for membership

(1) Subject to this Act, an individual is eligible to be registered as a public administrator if he –
(a) passes the qualifying examination accepted by the Council;
(b) completes the practical training prescribed by the Institute under this Act;
(c) holds any other qualification accepted by the Institute; or
(d) qualifies for enrolment as a member in any of the categories specified for the purpose of this Act.
(2)
An applicant shall, in addition to evidence of qualification, satisfy the Council that he –
(a) is of good character;
(b) has attained the age of 21 years; and
(c) has not been convicted by any court of law in Nigeria or elsewhere for an offence involving fraud or dishonesty.

Section 13: Establishment of the Investigating Panel and Disciplinary Tribunal

(1) There is established the Chartered Institute of Public Administration of Nigeria Investigating Panel (in this Act referred to as "the Panel"), charged with the duty of —
(a) conducting preliminary investigation into any case where it is alleged that a person registered has misbehaved in that person's capacity as member or shall for any other reason, be subject of proceedings before the Tribunal; and
(b) deciding whether the case may be referred to the Tribunal.
(2) The members of the Panel shall be appointed by the Council and shall consist of two members of the Council and three registered members who are not members of the Council.
(3) There is established the Chartered Institute of Public Administration of Nigeria Disciplinary Tribunal (in this Act referred to as "the Tribunal") charged with the duty of considering and determining any case referred to it by the Panel established under subsection (1).
(4) The Tribunal shall consist of the Chairman of the Council and six other members appointed by the Council, one of whom shall be a legal practitioner with at least 10 years post call experience.
(5) The provisions of the Third Schedule to this Act shall, so far as applicable to the Tribunal and Panel respectively, have effect with respect to those bodies. [Third Schedule ]

Section 14: Penalties for unprofessional conduct

(1) Where –
(a) a member is adjudged by the Tribunal to be guilty of infamous conduct in any professional respect,
(b) a member is convicted by any court of law in Nigeria or elsewhere, having powers to award imprisonment for an offence, whether or not punishable with imprisonment, which, in the opinion of the Tribunal, is incompatible with the status of a professional public administration consultant, or
(c) the Tribunal is satisfied that the name of any person has been fraudulently registered,
the Tribunal may, if it deems fit, give a direction reprimanding that person or ordering the Registrar to strike his name off the Register.
(2) The Tribunal may, if it deems fit, defer its decision as to the action taken under subsection (1) until a subsequent meeting of the Tribunal, but no –
(a) decision shall be deferred under this provision for a period exceeding one year; and
(b) person shall be a member of the Tribunal for the purpose of reaching a verdict on a deferred or further deferred decision unless he was present as a member of the Tribunal when the decision was deferred.
(3) For the purpose of subsection (1) (b), a person shall not be treated as a convict unless the conviction stands at a point where no appeal or further appeal is pending or may, without extension of time, be brought in connection with the conviction.
(4) When the Tribunal gives a directive for the purpose of effecting penalties for unprofessional conduct, the Tribunal shall cause notice of the directive to be served on the person to whom it relates.
(5) The person to whom such a directive relates, at any time within 28 days from the date of service on him of notice of the directive, may appeal against the directive to the Federal High Court and the Tribunal may appear as respondent to the appeal and, for the purpose of enabling directive to be given as to the costs of the appeal and proceeding before the Federal High Court, the Tribunal shall be deemed to be a party to the appeal whether or not it appears on the hearing of the appeal.
(6) A directive of the Tribunal under subsection (1) shall take effect where –
(a) no appeal under this section is brought against the directive within the time limited for such an appeal, or at the expiration of the time; or
(b) the appeal is brought and is withdrawn or struck out for want of prosecution, or dismissed for lack of merit.
(7) A person whose name is removed from the register following a directive of the Tribunal under this section is not entitled to be registered again except under a direction in that behalf given by the Tribunal on the application of that person and a directive under this section for the removal of a person's name from the register may prohibit an application under this subsection by that person until the expiration of that period from the date of the direction, and where he has duly made an application, from the date of his last application, as may be specified in the direction.

Section 15: Persons is deemed to practice as professional public administrators of Nigeria

(1) From the commencement of this Act, any person who was not a member of the Institute and who under this Act, is qualified to apply for and obtain membership of the profession may, within the period of three months beginning with the date of the commencement of this Act, apply for membership of the Institute in the manner prescribed by the Council and if approved, he shall be enrolled or registered, as the case may be, according to the person's qualification.
(2) A person is deemed to be a professional public administration of Nigeria practitioner if, for consideration of remuneration to be received whether by himself or in partnership with any other person –
(a) he engages in the practice of public administration in Nigeria or holds himself out to the public as a professional public administration of Nigeria consultant;
(b) he renders professional service or assistance in or about matters of principle or detail relating to public administration in Nigeria or data; or
(c) renders any other service that may, by regulations made by the Council, be designated as service constituting practice as a professional public administration of Nigeria practitioner or consultant.

Section 16: Rules of practice

(1) The Council may make rules for the –
(a) licensing of persons seeking to be members of the Institute;
(b) prescribing the fees to be paid by their members; and
(c) restriction of right of practice where conditions are not met.
(2) The Council may also make rules prescribing the amount and due date for payment for membership of annual subscription and for such purposes, different amounts may be prescribed by the rules according to the category of membership of the Institute.
(3) Rules made under this section shall, if the Chairman of the Council directs, be published in the print media.

Section 17: Honourary membership

The Council may award honorary membership of the Institute to persons it considers worthy of such honour, on terms and conditions prescribed by the Council and approved by the Institute in its general meeting.

Section 18: Library facilities

The Institute shall – (a) provide and maintain a library comprising books and publications for the advancement of knowledge in public administration in Nigeria and such other books and publications as the Council may consider necessary for that purpose;
(b) encourage research into public administration in Nigeria, methods and allied subjects to the extent that the Council may consider necessary; and
(c) encourage the production and sale of materials, books and journals arising from its research and consultancy activities.

Section 19: Rules and regulations

Rules and regulations made under this Act shall be subject to confirmation by the Institute at its next AGM or at a special meeting of the Institute convened for the purpose, and if annulled, shall cease to have effect on the day after the date of annulment, but without prejudice to anything done under any such rules.

Section 20: Transfer of property

(1) From the commencement of this Act –
(a) all properties held by or on behalf of the Incorporated Institute before this Act, by virtue of this section shall be vested on the Institute; and
(b) subject to subsection (2), any act, or matter made or done by the Incorporated Institute before this Act shall continue to have effect.
(2) The provisions of this Act shall have effect with respect to matters arising from the transfer by this section to the Institute of the property of the Incorporated Institute before this Act, and with respect to the other matters mentioned in the Second Schedule to this Act. [Second Schedule]

Section 21: Interpretation

In this Act –
"Board" means the Board of Fellows;
"Council" means the Governing Council of the Institute established under section 5 (1) of this Act;
"fees" includes annual subscription;
"Fund" means Fund of the Institute established under section 7 of this Act;
"Minister" means the Minister charged with the responsibility for education;
"President" and "Vice President" respectively mean the office holders as specified under section 4 of this Act; and
'register" means the register prepared and maintained under section 10 (4) of this Act.

Section 22: Citation

This Act may be cited as the Chartered Institute of Public Administration of Nigeria (Establishment) Act, 2022.