INSTITUTE FOR PEACE AND CONFLICT RESOLUTION (ESTABLISHMENT) ACT

(1) There is established an Institute to be known as the Institute for Peace and Conflict Resolution (in this Act referred to as "the Institute").
(2) The Institute-
(a) shall be a body corporate with perpetual succession and a common seal; and
(b) may sue and be sued in its corporate name.

There is established for the Institute a Governing Council (in this Act referred to as "the Council").

(1) The Council shall consist of-
(a) a Chairman;
(b) a representative of the Ministry of Foreign Affairs;
(c) a representative of the Ministry of Defence;
(d) a representative who shall be a woman;
(e) a representative from each of the six geo-political zones;
(f) a representative of the University community;
(g) a representative of civil society organisations;
(h)
a representative of the Minister of lnternal Affairs;
(i) the Director-General of the Institute.
(2) The Chairman and other members of the Council shall be appointed by the President of the Federal Republic of Nigeria.
(3)
The supplementary provisions set out in the Schedule to this Act shall have effect with respect to the proceedings of the Council and the other matters contained therein.
[Schedule.]

The Chairman and other members of the Council, other than ex officio members-(a) shall hold Office for a period of 4 years on such terms and conditions as may be specified in their letter of appointment; and
(b) may be re-appointed for another period of 4 years and no more.

(1)
Notwithstanding the provisions of section 4 of this Act, a member of the Council may at any time be removed from Office by the President for inability to discharge the functions of his Office (whether arising from infirmity of mind or body or any other cause) or for misconduct.
(2) A member of the Council may resign his appointment by a notice in writing under his hand addressed to the President and that member shall, on the date of the receipt of the notice by the President cease to be a member of the Council.

The Chairman and members of the Council shall be paid emoluments, allowances as may be determined from time to time by the Revenue Mobilization, Allocation and Fiscal Commission.

(1) The Council shall be responsible for the determination of the overall policy of the Institute and the formulation of long-term plans and budget and ensuring the implementation of such policies and plans.
(2) Without prejudice to the generality of subsection (1) of this section, the Council shall-
(a) approve the research and training programmes of the Institute;
(b) determine the fees to be paid for research, consultations, training and any other services that may be offered by the Institute; and
(c) promote or undertake such other activities as are expedient or necessary in the opinion of the Council for the discharge of its responsibilities under this Act.

(1) The Institute shall be responsible for-
(a) promoting peace and security internally within Nigeria and externally in Africa;
(b) conducting research into the cause, patterns, dynamics, factors and forces behind conflicts and insecurity in Nigeria and Africa;
(c) publishing and disseminating case studies from its researches with a view to offering insights into the success or failure in conflict resolution and peace building;
(d)
identifying these Actors, issues, historical phases, capacities and the balance of power of different groups in a conflict situation;
(e) promoting a culture of transparent, credible and peaceful democratic succession as a mechanism for conflict prevention;
(f) getting practically involved in the task of mediation, conflict management and conflict resolution;
(g) encouraging the establishment of regional affiliates of the Institute in Africa and other parts of the world and fostering collaboration with those affiliates;
(h) designing strategies for funding people-centred development programmes to support peace;
(i) providing Government with relevant policy options on fundamental issues required in designing an effective and durable peace process;
(j)
initiating, encouraging, organising, hosting, arranging and conducting policy-relevant courses, national or international seminars, symposia, conferences, and workshops, training programmes and other actions that are incidental to peace making and peace building as part of its intensive effort in capacity building;
(k) carrying out other relevant activities that may be assigned to it by the President.
(2) Without prejudice to the generality of the functions specified in subsection (1) of this section, the Institute shall take over the functions, assets and liabilities of the body known and referred to as the Centre for Peace, Research and Conflict Resolution of the National War College established under section 5 of the National War College Act.

(1) There shall be for the Institute a Director-General who shall be appointed by the President.
(2) The Director-General shall be the chief executive, chief research and accounting officer of the Institute, the head of the secretariat of the Council and shall be responsible for the execution of the Policy and the day to day administration of the affairs of the Institute.
(3) The Director-General shall hold office-
(a) for a term of 4 years in the first instance and may be re-appointed for a further term of 4 years and no more; and
(b) on such terms and conditions as may be specified in his letter of appointment.

(1) The Institute shall have the following directorates-
(a) finance and administration;
(b) research and policy analysis;
(c) democracy and development studies;
(d) external conflict prevention and resolution;
(e) internal conflict prevention and resolution;
(f) defence and security studies;
(g) any such directorate as may be deemed necessary.
(2) A director shall hold office for a term of 4 years in the first instance and may be re-appointed for a further term of one year at a time but not more than 2 renewals on such terms and conditions as may be specified in his letter of appointment.

(1) The Council shall appoint for the Institute such officers and other employees as it may, from time to time, deem necessary for the purposes of the Institute.
(2) The terms and conditions of service (including remuneration, allowances, benefits and pensions) of officers and employees of the Institute shall be as determined by the Council.
(3) Without prejudice to the generality of subsection (1) of this section, the Council may appoint persons as employees of the Institute, either by way of transfer or secondment from any of the public services in the Federation or otherwise howsoever, as it considers necessary.

(1) It is hereby declared that service in the Institute shall be approved service for the purpose of the Pension Reform Act 2004. Accordingly, employees of the Institute shall be entitled to pensions, gratuities and other retirement benefits as are prescribed under the said Pension Reform Act.
(2) Notwithstanding the provisions of subsection (1) of this section, nothing in this Act shall prevent the appointment of a person to any office on terms which preclude the grant of a pension, gratuity or other retirement benefit in respect of that office.
(3) For the purposes of the application of the provisions of this Act, any power exercisable by the Council or any authority of the Federal Government, other than the power to make regulation under the relevant section of the Act, is hereby vested in and shall be exercisable by the Council and not by any other person or authority.

(1) There shall be established and maintained for the Institute a fund into which shall be paid and credited-
(a) all subventions and budgetary allocation from the Government of the Federation;
(b) the take off grant from the Federal Government;
(c) gifts, loans, grants-in-aid from national, bilateral and multilateral agencies;
(d) rent, fees and other internally generated revenues from service provided by the Institute; and
(e) all other sums accruing to the Institute from time to time.

The Institute may from time to time, apply the proceeds of the fund established in pursuance of section 14 of this Act-(a) to the cost of administration of the Institute;
(b) to the paying of the emoluments, allowances and benefits of members of the Council and for reimbursing members of the Council or of any committee of the Council for such expenses as may be expressly authorised by the Council;
(c) to the payment of the salaries, fees or other remuneration or allowances, gratuities and pension and other benefits payable to the officers and other employees of the Institute, so however that no payment of any kind under this paragraph (except such as may be expressly authorised by the Council) shall be made to any person who is in receipt of emoluments from the Federal or State Government;
(d) for the development and maintenance of any property vested in or owned by the Institute; and
(e) for and in connection with all or any of its functions under this Act.

(1) The Institute shall, in each year, submit to the Minister an estimate of its expenditure and income (including payments to the Institute's fund) for the next succeeding year.
(2) The Institute shall keep proper accounts in respect of each year and proper records in relation to those accounts and shall cause its accounts to be audited within six months after the end of each year by auditors appointed and in accordance with the guidelines supplied by the Auditor-General of the Federation.

The Institute shall prepare and submit to the Minister, not later than six months after the end of each year, a report on the activities of the Institute during the immediate preceding year, and shall include in such report a copy of the audited accounts of the Institute for the year and the auditor's report on the accounts.

(1) The Institute may accept any gift of land, money or other property on such terms and conditions, if any, as may be specified by the person or organisation making the gift.
(2) The Institute shall not accept any gift if the conditions attached by the person or organisation offering the gift are inconsistent with the functions and objectives of the Institute.

(1) The Institute may from time to time, borrow money by overdraft or otherwise as it may require for the performance of its functions under this Act.
(2) The Institute shall not without the approval of the Council, borrow money which exceeds, at any time, the amount set by the Council.
(3) Notwithstanding the provisions of subsection (1) of this section, where the sum to be borrowed is in foreign currency, the Institute shall not borrow the sum without the prior approval of the Federal Government of Nigeria.

The Institute may, subject to the provisions of this Act and the conditions of any trust created in respect of any property, invest all or any of its funds in any security prescribed by the Trustee Investments Act or in such other securities as may, from time to time, be approved by the Council.

(1) The Institute shall be exempted from payment of income tax or any income accruing from investments made by the Council for the Institute.
(2) The provisions of any enactment relating to the taxation of companies or trust funds shall not apply to the Institute or the Council.

Nothing in this Act shall be construed as conferring on the Institute or the Council the power to express on any aspect of peace and conflict resolution on behalf of the Federal Government.

Subject to the provisions of this Act, the provisions of the Public Officers Protection Act shall apply in relation to any suit instituted against an officer or employee of the Institute.

A notice, summons or other document required or authorised to be served on the Institute under the provision of this Act or any other enactment or law may be served by delivering it to the Director-General or by sending it by registered post addressed to the Director-General at the principal office of the Institute.

A member of the Council or the Director-General or any officer or employee of the Institute shall be indemnified out of the assets of the Institute against any liability incurred by him in defending any proceeding, whether civil or criminal, if the proceeding is brought against him in his capacity as a member, Director-General, officer or other employees of the Institute.

(1)
A member of the Council or the Director-General or any other officer or employee of the Institute shall-
(a) not, for his personal gain, make use of any information which has come to his knowledge in the exercise of his powers or is obtained by him in the ordinary course of his duty as a member of the Council or as the Director-General, officer or employee of the Institute;
(b) treat as confidential any information which has come to his knowledge in the exercise of his powers or is obtained by him in the performance of his duties under this Act
(c) not disclose any information referred to under paragraph (b) of this subsection, except when required to do so by a court or in such other circumstances as may from time to time be prescribed by the Council.
(2)
Any person who contravenes the provisions of subsection (1) of this section commits an offence and is liable on conviction to a fine of not less than one hundred thousand naira (N100,000) or imprisonment for a term not exceeding 2 years or both such fine and imprisonment.

(1) The Council may, subject to the provisions of this Act, make staff regulations relating generally to the conditions of service of the officers and employees as determined by the Council and without prejudice to the generality of the foregoing, such regulations may provide for-
(a) the appointment, promotion and disciplinary control (including dismissal) of the officers and employees of the Institutes;
(b) appeals by such officers and employees against dismissal or other disciplinary measures, and until such regulations are made any instrument relating to the conditions of service in the civil service of the Federation shall be applicable, with such modifications as may be necessary, to the officers and employees of the Institute.
(2) Staff regulations made under subsection (1) of this section, shall not have effect until approved by the Council, and when so approved they need not be published in the Federal Gazette but the Council shall cause them to be brought to the notice of all affected persons in such manner as it may, from time to time, be determined by the Council.

The Institute shall provide and maintain a library comprising such books and publications as may be provided by the Institute for the advancement of the knowledge of peace and conflict resolution, for research purposes, and for other purposes connected with the objectives and functions of the Institute.

The body known and referred to as "The Sani Abacha Foundation for Peace and Unity" (in this section referred to as "the Foundation") which had been voluntarily ceded to the Federal Government of Nigeria shall cease to exist and by this Act be replaced by the "Institute for Peace and Conflict Resolution".

(1) Accordingly, the functions, rights, interests, obligations and liabilities of the Foundation, existing before commencement of this Act under any contract or instrument, or in law or in equity shall by virtue of this Act be deemed to have been assigned to and vested in the Institute.
(2) Any such contract or instrument mentioned in subsection (1) of this section shall be of the same force and effect against or in favour of the Institute established by this Act and shall be enforceable as fully and effectively as if instead of the conditions existing before the commencement of this Act, the Institute established by this Act had been named therein or had been a party thereto.

The Institute established by this Act shall be subject to all the obligations and liabilities to which the Foundation was subject to immediately before the commencement of this Act and all other persons shall have the same rights, powers and remedies against the Institute as they had against the Foundation.

Any proceeding or cause of action pending immediately before the commencement of this Act by or against the Foundation in respect of any right, interest, obligation or liability of the Foundation may be continued or as the case may be commenced and any determination of the court of law, tribunal or other authority or person may be enforced by or against the Institute established by this Act to the same extent that such proceeding or cause of action or determination might have been continued, commenced or enforced by or against the Foundation.

All assets, funds, resources and other movable or immovable property which immediately before commencement of this Act were vested in the Foundation shall by virtue of this Act and without further assurance, be vested in the Institute.

Any person who immediately before the coming into force of this Act is the holder of an Office in the Foundation shall on the commencement of this Act continue in Office and be deemed to have been appointed to his Office by the Institute, unless the authority by which the person was appointed terminates the appointment.

The Minister may give such directives of a general nature or relating generally to matters of policy with regard to the exercise by the Council of its functions under this Act and the Council shall comply with the directives or cause them to be complied with.

The Institute may, with the approval of the Council, make such regulation as in its opinion are necessary or expedient to give full effect to the provisions of this Act and for the due administration of its provisions.

In this Act-
"Board of Trustees" means former Trustees of the Sani Abacha Foundation for Peace and Unity;
"Council" means the Governing Council of the Institute established pursuant to section 2 of this Act;
"Institute" means the Institute for Peace and Conflict Resolution established under section 1 of this Act;
"member" includes the Chairman of the Council;
"Minister" means the Minister charged with the responsibility for matters relating to Peace and Conflict Resolution;
"President" means the President of the Federal Republic of Nigeria.

This Act may be cited as the Institute for Peace and Conflict Resolution (Establishment) Act, 2007.