NATIONAL PRIMARY EDUCATION COMMISSION, ETC. ACT

(1) There is hereby established a body to be known as the National Primary Education Commission (in this Act referred to as "the Commission").
(2) The Commission shall be based in and be supervised by the Federal Ministry of Education.

(1) The Commission shall consist of a part-time chairman who shall be a seasoned educationist and the following other members-
(a) one representative of the Federal Ministry of Education;
(b) five members representing the States and the Federal Capital Territory, Abuja in rotation;
(c) one representative of the Nigerian Educational Research and Development Council;
(d) one representative of the Federal Ministry of Finance and Economic Development;
(e) two other members appointed on personal merit representing a variety of interests;
(f) one representative of the Nigeria Union of Teachers;
(g) one representative of the National Teachers Institute; and
(h) the Executive Secretary of the Commission who shall be an ex officio member of the Commission.
(2) The chairman and other members of the body shall be appointed by the President on the recommendation of the Minister of Education.
(3)
The provisions contained in First Schedule to this Act shall have effect with respect to the tenure of office of members and the proceedings of the Commission and the other matters mentioned therein.
[First Schedule]

(1) The Commission shall-
(a) prescribe the minimum standards of primary education throughout Nigeria;
(b) inquire into and advise the Federal Government on the funding of primary education in Nigeria;
(c) receive the National Primary Education Fund as established by this Act from the Federal Government and allocate the fund to the Primary Education Board of each State and the Federal Capital Territory, Abuja and to any agency responsible for Federal Government sponsored special primary education projects in accordance with the formula prescribed in this Act as the President may, from time to time, prescribe;
(d) collate, after consultation with all the State Governments, periodic master plans for a balanced and co-ordinated development of primary education in Nigeria and such plans shall include-
(i) proposals to the Federal Government for equal and adequate primary education opportunity in Nigeria;
(ii) ensuring that the basic national curriculum and syllabus and other necessary instruction materials are in use in primary schools in Nigeria;
(e) collate, analyse and publish information relating to primary education in Nigeria;
(f) carrying out a regular personnel audit in each State of the Federation;
(g) carrying out such other activities that are relevant and conducive to the discharge of its functions under this Act and such other functions as the Minister may, from time to time, determine.

(1) The Executive Secretary shall be appointed by the President.
(2) The Executive Secretary shall be the chief executive of the Commission and shall be responsible for the execution of the policy, and the day-to-day running of the affairs of the Commission.
(3) The Executive Secretary shall hold office in the first instance for a period of five years and shall be eligible for re-appointment for a further period of five years or as the President may determine.

(1) The Commission may appoint a Deputy Executive Secretary and such other persons to be officers and servants of the Commission to assist the Executive Secretary in the exercise of his functions.
(2) The remuneration and tenure of office of the Deputy Executive Secretary and the other officers and servants of the Commission shall be determined by the Commission after consultation with the Federal Civil Service Commission.
(3) Notwithstanding the provisions of subsection (1) of this section, the Deputy Executive Secretary or any of the other officers and servants of the Commission may be appointed by the Commission by way of transfer or secondment from any of the public services in the Federation.

(1) There is hereby established a fund to be known as the National Primary Education Fund (in this Act referred to as "the National Fund") which shall be deducted directly from the Federation Account.
(2) The amount standing to the National Fund pursuant to subsection (1) of this section shall be disbursed as follows-
(a) fifty per cent on the basis of equality of States;
(b) thirty per cent on the basis of school enrolment;
(c)
twenty per cent to all the educationally disadvantaged States specified in the Second Schedule to this Act as may be determined, from time to time, by the Federal Government.
[Second Schedule.]
(3) The Commission shall be responsible for disbursing money from the National Fund and shall not, except on the direction of the Federal Government disburse money to-
(a) any State Primary Education Board; or
(b) through State Primary Education Board to any Local Education Authority, if it is not satisfied that the money earlier disbursed was applied in accordance with the provisions of this Act.

(1) There is hereby established for each State, a State Primary Education Board (in this Act referred to as "the Education Board") which shall be charged with the following functions-
(a) management of primary schools in the State;
(b) recruitment, appointment, promotion and discipline of teaching and non-teaching staff on grade level 07 and above;
(c) posting and deployment of staff including inter-State transfer;
(d) disbursement of funds provided to it from both Federal and State sources;
(e) setting up an effective functional supervisory unit;
(f) retirement and re-absorption of teachers;
(g) undertaking new capital projects;
(h) responsibility for the approval, training and retraining of teaching and non-teaching staff;
(i) assessment and funding of salaries and allowances of teaching and non-teaching staff based on the scheme of service drawn up by the State Government;
(j) ensuring that annual reports are rendered by heads of schools on teachers appointed to serve under them;
(k) preparing testimonials and certificates of service for teaching and non-teaching staff whenever necessary;
(l) dealing with leave matters including annual vacation;
(m) ensuring annual auditing of accounts; and
(n) performing such other functions as may be assigned to the Board by the Commissioner for Education or the Commission.
(2) Each Education Board shall establish and maintain a separate account into which has to be paid and credited all payment made to it from the Federal or State Governments or any other source.
(3) There shall be disbursed from the fund all expenses relating to the management of primary education in the State.

(1) The membership of the Education Board shall be as follows-
(a) a full-time chairman who shall be the chief executive and accounting officer of the Board and must be an experienced educationist;
(b) two other full-time members appointed by the Governor on the recommendation of the Commissioner for Education;
(c) one ex officio member to represent the Ministry of Education in the State;
(d) three ex officio members to represent the local governments on biennial rotational basis;
(e) one representative each of-
(i) the Parents/Teachers Association in the State;
(ii) the State wing of the Nigeria Union of Teachers;
(iii) the State women group to be appointed by the Governor;
(iv) the Federal Ministry of Education, Inspectorate Division; and
(f) the secretary to the Board who shall be an experienced educationist who shall be appointed by the Governor on the recommendation of the Commissioner for Education.
(2) The chairman and members of the Education Board who are not public officers shall be appointed by the Governor on the recommendation of the Commissioner for Education.

(1) There is hereby established, for each Local Government Area of a State, a Local Government Education Authority that shall be subject to the control of the State Primary Education Board.
(2) The Local Government Education Authority shall comprise-
(a) a part-time chairman who shall be a seasoned educationist appointed by the chairman of the local government;
(b) one representative of the Ministry of Education;
(c) one representative of the Nigeria Union of Teachers in the local government area;
(d) one representative of women group in the local government area;
(e) not more than two representatives of religious organisations in the local government area;
(f) one representative of Parents/Teachers Association in the local government area;
(g) one traditional ruler or District head;
(h) two eminent persons, who are normally domiciled in the local government area and who shall represent special interest and shall be appointed by the chairman of the local government;
(i) the secretary, who shall be a seasoned educationist shall be appointed by the chairman of the local government.
(3) The secretary shall hold office in the first instance for a period of five years and shall be eligible for a further period of five years.
(4) The chairman and members of the Local Government Education Authority who are not public officers shall be appointed by the chairman of the local government on the recommendation of the bodies they represent.

(1) The functions of the Local Government Education Authority, shall be carried out subject to the control of the Education Board.
(2) The functions of the Local Government Education Authority shall be-
(a) the day-to-day administration of the primary schools in its area of jurisdiction;
(b) the appointment, posting, transfer, promotion and discipline of staff on grade levels 01-06 in its area of jurisdiction;
(c) making recommendation to the Education Board on promotion and discipline of teaching and non-teaching staff on grade levels 07 and above in its area of jurisdiction;
(d) submission of annual estimates, annual accounts and monthly returns to the Board;
(e) payment of salaries, allowances and benefits to all the teaching and non-teaching staff in its area of jurisdiction;
(f) acquisition and distribution of materials and equipment to all primary schools in its area of jurisdiction;
(g) undertaking general maintenance of primary school buildings and infrastructure in its area of jurisdiction;
(h) stimulating, promoting and encouraging communal participation in the running of primary schools in its area of jurisdiction;
(i) taking all reasonable steps to ensure full enrolment and attendance in all primary schools in its area of jurisdiction;
(j) providing regular feedback to the Education Board on people's reaction to Government education measures in its area of jurisdiction;
(k) ensuring that annual reports are rendered to the Education Board on all activities of the Local Government Education Authority during the preceding year, especially on teaching and non-teaching staff in its area of jurisdiction;
(l) supervising all Education Committees in its area of jurisdiction; and
(m) performing such other functions as may be delegated to it by the Education Board.
(3) Each Local Government Education Authority shall establish and maintain a separate account into which shall be paid and credited such payment as may be made to it by the Education Board and the local government.

(1) There is hereby established in each District of the local government area of each State, a District Education Committee.
(2) The District Education Committee shall comprise not more than twelve members and shall include-
(a) a chairman who shall be a recognised community leader appointed by the chairman of the local government;
(b) two representatives of Parents/Teachers Association in the area;
(c) one representative of women group in the local government area;
(d) one representative of the Nigeria Union of Teachers;
(e) two religious leaders;
(f) one representative of the business community;
(g) two other members who are educationists and from the locality to be appointed by the chairman of the local government; and
(h) the secretary to the District Education Committee who shall be a senior head-teacher in the locality.
(3) The District Education Committee shall, subject to the control of the Local Government Education Authority of its local government area, have responsibility for-
(a) recommending to the Local Government Education Authority-
(i) necessary repairs and renovation to primary school buildings in the area;
(ii) the adequacy of teaching and non-teaching staff; and
(iii) adequacy of teaching equipment and materials required for the area;
(b) promoting and encouraging communal interest and participation in the running of primary education in the area;
(c) ensuring good enrolment and full attendance in all primary schools in the area;
(d) keeping the Local Government Education Authority informed of all educational problems in the area; and
(e) performing such other functions as the Local Government Education Authority may, from time to time, assign to it.

(1) It is hereby declared that service in the Commission shall be approved service for the purposes of the Pensions Act and, accordingly, officers and other persons employed in the Commission shall be entitled to pensions, gratuities and other retirement benefits as are prescribed thereunder, so however that 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.
(2) For the purposes of the application of the provisions of the Pensions Act, any power exercisable thereunder by a Minister or other authority of the Government of the Federation, other than the power to make regulations under section 23 thereof, is hereby vested in and shall be exercisable by the Commission and not by any other person or authority.

(1) The Commission shall establish and maintain a fund, separate from the National Fund as to both principal and interest, from which shall be defrayed all expenditure incurred by the Commission except such expenditure as may be incurred by it pursuant to section 6 of this Act.
(2) There shall be paid and credited to the fund established in pursuance of subsection (1) of this section such payments as may be made to it by the Federal Government for the running expenses of the Commission and all other assets accruing, from time to time, to the Commission otherwise than in pursuance of section 6 of this Act.

The Commission may, from time to time, apply the proceeds of the fund established in pursuance of section 13 (1) of this Act-(a) to the cost of administration of the Commission;
(b) for reimbursing members of the Commission or of any committee set up by the Commission for such expenses as may be expressly authorised by the Commission in accordance with the rates approved by the President;
(c) to the payment of the salaries, fees or other remuneration or allowances and pensions, allowances and gratuities payable to the officers and servants of the Commission, so however that no payment of any kind under this paragraph (except such as may be expressly authorised as aforesaid) shall be made to any person who is in receipt of emoluments from the Government of the Federation or of a State;
(d) for the maintenance of any property vested in the Commission; and
(e) for and in connection with all or any of its functions under this Act.

(1) The Commission shall, not later than 31 October in each year, submit to the Minister an estimate of its expenditure and income (including payments to the Commission fund during the next succeeding year).
(2) The Commission shall keep proper accounts in respect of each financial year (and proper records in relation thereto) and shall cause its accounts to be audited within six months after the end of each year by auditors appointed from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation.

The Commission shall prepare and submit to the President through the Minister, not later than 30 June in each year, a report in such form as he may direct on the activities of the Commission during the immediately preceding year, and shall include in such report a copy of the audited accounts of the Commission for that year and the Auditor-General's report thereon.

(1) For the purpose of carrying out the functions conferred on the Commission under this Act, the Executive Secretary or any other officer of the Commission authorised in that behalf-
(a) shall have a right of access to all the records of any institution or authority to which this Act applies for the specific purpose of discharging his duties under this Act;
(b) may, by notice in writing served on any person in charge of any such institution or authority, require that person or authority to furnish information on such matters as may be specified in the notice.
(2) It shall be the duty of any person or authority required to furnish information pursuant to subsection (1) of this section to comply with the notice within a reasonable period of time.
(3) In this section, the reference to an institution is a reference to a primary school or, as the case may be, any other institution in Nigeria recognised for that purpose by the Commission, the State Primary School Education Board, the Local Government Education Authority or District Education Committee, or any other authority benefiting from the National Primary Education Fund.

In this Act, unless the context otherwise requires-
"Commission" means the National Primary Education Commission established by section 1 of this Act;
"District" means District, Village, Community or Ward, as the case may be, to suit the requirement of each of the States;
"Executive Secretary" means the Executive Secretary of the Commission appointed by section 4 of this Act;
"functions" includes duties and powers;
"Governor" means Governor of the State concerned;
"Minister" means the Minister charged with responsibility for matters relating to education;
"National Fund" means the National Primary Education Fund established by section 6 (1) of this Act;

This Act may be cited as the National Primary Education Commission, etc., Act.