NATIONAL SPORTS COMMISSION ACT, 2023

202319 sectionsFederal Republic of Nigeria

Section 1: Establishment of the National Sports Commission.

(1) There is established the National Sports Commission (in this Act referred to as "the Commission").
(2) The Commission-
(a) shall be a body corporate with perpetual succession and a common seal; and
(b) may sue and be sued in its corporate name.

Section 2: Membership of the Commission.

(1) The Commission shall consist of-
(a) the Chairman of the Commission;
(b) the Director-General of the Commission;
(c) the head of schools sports in the Federal Ministry responsible for education;
(d) the Permanent Secretary Federal Ministry of sports or his representative;
(e) representative of National Association of Physical Education, Recreational Sports and Dance;
(f) Chairman of State Directors of Sports Forum;
(g) two representatives from Organised Private Sector;
(h) the Director and chief executive officer of National Institute of Sports;
(i) representative of military and para military agencies;
(j) representative of institutional sports (NUGA, NIPOGA and NICEGA);
(k) Association of Retired Sports Men and Women;
(l) a representative of Nigerian Medical Association who shall be a sports medical expert;
(m) a representative of persons living with disability in sports;
(n) Nigerian Football Federation;
(o) a representative of Professional Footballers Association of Nigeria;
(p) Sports Writers Association of Nigeria; and
(q) six Chairmen of States Sports Councils representing the sports zones to serve on rotational basis of two years per State-
(i) zone 1 Ibadan;
(ii) zone 2 Benin;
(iii) zone 3 Enugu;
(iv) zone 4 Bauchi;
(v) zone 5 Jos; and
(vi) zone 6 Kaduna.
(2) The Chairman and Members of the Commission shall be appointed by the President.
(3) A member of the Commission shall hold office for a term of four years beginning from the date on which he was appointed and may be re-appointed for another term of four years subject to satisfactory performance.
(4) A member of the Commission other than the Chairman may by notice in writing addressed to the President through the Chairman, resign his office and that member shall, on the day of the receipt of the notice by the President, cease to be a member.
(5) The Chairman may resign his membership by notice in writing addressed to the President and unless the President rejects the notice, the Chairman shall, on the day of the receipt of the notice by the President, cease to be a member.
(6) Members of the Commission except the Chairman shall receive no remuneration but may be paid such travelling and other allowances as may be approved by the President.
(7) The provisions of the Schedule to this Act shall have effect with respect to the Constitution and procedure of the Commission and other matters mentioned in it. [Schedule]

Section 3: Functions of the Commission.

(1) The functions of the Commission are to-
(a) encourage the development and organisation of and participation in sports in Nigeria;
(b) co-ordinate and integrate efforts to raise the standard of performance in sports throughout Nigeria;
(c) maintain every stadium owned or controlled by the Federal Government and to direct all activities relative to it.
(2) The Commission shall, in all international relations affecting sports, have the sole right to make, on behalf of the States Sports Councils, any necessary arrangements for competitions, technical assistance, recruitment of coaches and for any such other matters as the Commission may deem fit.
(3) Without prejudice to the generality of subsection (1), the Commission shall-
(a) promote, in co-operation with other sports bodies or sports groups, the physical fitness and general well-being of all persons in Nigeria;
(b) organise, or assist financially or otherwise, the participation in sports at inter-State, national and international levels;
(c) train Nigerians to become sportsmen and instructors in sports;
(d) conduct and encourage research into all matters relating to sports;
(e) provide and maintain sports centres and facilities for the training of Nigerians as instructors and organisers of sports; and
(f) ensure the participation of all sportsmen where required in inter-State, national, or international competitions.

Section 4: Powers of the Commission to enter into contracts, to hold property or invest.

(1) The Commission may enter into such contracts as may be necessary or expedient for giving effect to the provisions of this Act.
(2) Subject to the approval of the President, the Commission may acquire and hold such movable or immovable property as may be necessary or expedient for giving effect to the provisions of this Act and may, for the same purpose, sell, lease, mortgage or otherwise alienate or dispose of any property so acquired and held.
(3) The Commission may invest its funds in such manner and to such extent as it thinks necessary or expedient.

Section 5: Powers of the Commission to borrow.

Subject to the approval of the President, the Commission may, for the purpose of giving effect to this Act, borrow such sums of money as it may require in the exercise of its functions under this Act.

Section 6: Office of the Director-General and Secretary to the Commission.

(1) There shall be a Director-General who shall also be the Secretary to the Commission.
(2) Notwithstanding subsection (1), the Director-General may designate any other member of the staff of the Commission to act as the Secretary to the Commission either generally or in any special case.
(3) The Director or any person appointed under subsection (2), to act as Secretary shall not be entitled to vote on any question before the Commission unless he is so entitled as a member.

Section 7: Appointment of Director-General and other staff.

(1) The Director-General who shall be the Chief Administrative Officer of the Commission, shall be appointed by the President, and shall be responsible for the day to day administration of the Commission.
(2) Subject to the approval of the President, the Commission may appoint such staff and agents as it may deem necessary for the efficient performance of the Commission's duties under this Act.

Section 8: Application of Pension Reform Act.

(1) It is hereby declared that the service in the Commission shall be Pensionable under the Pensions Act subject to the provisions of Pensions Reforms Act, and accordingly, employers of the Commission shall, in respect of their services in the Commission be entitled to pensions, gratuities and other retirement benefits as prescribed thereunder.
[Act No. 4, 2014]
(2) Nothing in the foregoing provisions shall prevent the appointment of a person to any office on terms which preclude the grant of a pension or gratuity in respect of service in that office.

Section 9: Removal from office of Members of the Commission.

(1) If it appears to the Commission that a member of the Commission should be removed from office on the ground of misconduct or inability to perform the functions of his office, the Commission shall after consultation with the interests, if any, represented by that member make a recommendation to that effect to the President, and if the President approves the recommendation he may declare, in writing, the office of that member vacant.
(2) Without prejudice to subsection (1) of this section-
(a) any member who is absent from two consecutive ordinary meetings of the Commission shall file his explanation in writing with the secretary for consideration by the Commission and if the explanation is not accepted by the Commission, the Commission shall recommend to the President that the member be removed from office and the President may declare, in writing, the office of that member vacant;
(b) where the Commission is satisfied that the continued presence in the Commission of any member is not in the interest of Nigeria or of sports or of the Commission, the Commission may recommend to the President that the member be removed, and the President may declare in writing, "the office of that member vacant".

Section 10: Annual Reports and Estimates.

The Commission shall keep proper accounts, in a form which conforms with accepted commercial standards, of its receipts, payments, assets and liabilities and shall submit the same but not less frequently than annually for auditing by auditors appointed from the list of auditors and in accordance with the guidelines supplied by the Auditor-General of the Federation.

Section 11: Accounts and Audit.

The Commission shall keep proper accounts, in a form which conforms with accepted commercial standards, of its receipts, payments, assets and liabilities and shall submit the same but not less frequently than annually for auditing by auditors appointed from the list of auditors and in accordance with the guidelines supplied by the Auditor- General of the Federation.

Section 12: Funds and resources of the Commission.

(1) The funds and resources of the Commission shall consist of-
(a) such funds as may be provided by the Federal Government;
(b) such funds as may be collected or received by the Commission from other sources either in the execution of its functions or in respect of any property vested in the Commission; and
(c) such interests as may accrue to the Commission from investments made by virtue of this Act.
(2) No funds shall be raised internationally by the Commission without the approval of the Minister.

Section 13: Non-liability of Members.

No member of the Commission shall be personally liable for any act or omission done or made in good faith while engaged on the business of the Commission.

Section 14: Powers to make Standing Orders.

(1) The Commission may, within the scope of its authority under this Act, make standing orders relating to any internal and domestic matters placed by this Act under its control and, particularly to the matters mentioned in paragraph 9 of the Schedule to this Act.
(2) All such standing orders shall be in writing and shall come into effect when sealed with the seal of the Commission, unless some other date for commencement be therein prescribed.
(3) Nothing in subsection (2) shall make it obligatory for the Commission to publish any or all of the said standing orders in the Federal Gazette.

Section 15: Powers of President to give directives.

(1) Subject to the provisions of this Act, the President may give general or specific directives to the Commission and the Commission shall comply with and give effect to any such directives.
(2) The Commission shall give to the President such information and returns relating to its activities actual or proposed as the President may from, time to time require.

Section 16: Commission relationship with National Sport Association.

(1) Subject to the provisions of this section, the Commission may set up national sports associations for each kind of sport and may appoint chairmen and other members thereof; accordingly all matters relating to the constitution, affiliation, recognition, of international competitions and to officers of national sports associations shall be submitted for approval to the Commission.
(2) Subject to the approval of the President, it shall be the duty of the Commission to supervise and, where in the opinion of the Commission it is necessary to do so, take over and manage for such a period as the Commission may deem fit the affairs of any national sports association.
(3) No Government financial assistance shall be given to national sports associations except through the Commission which shall determine the amount and the terms of the grant; and no new grants shall be made in any case until the audited accounts of the previous year, if any, have been submitted and accepted by the Commission.
(4) Without prejudice to subsection (2), the Commission shall not interfere with the general administration of national sports associations set up under this Act but may give directions when in its opinion it is necessary to do so.
(5) For the purposes of this section, "National Sports Association" means the body responsible for the administration and organisation of a particular sport on a national basis in Nigeria and recognised as such by the Commission.

Section 17: Quorum and procedure of bodies established by this Act.

Subject to the provisions of this Act and any standing orders made thereunder, the quorum and procedure of any body of persons established by this Act shall be as may be determined by that body.

Section 18: Interpretation.

In this Act-
"Chairman" means the Chairman of the Commission appointed in accordance with section 2(1) of this Act;
"Commission" means the National Sports Commission established by virtue of section 1 (1) of this Act;
"the Director-General" means the Director-General appointed under section 7(1) of this Act;
"functions" includes powers and duties;
"Member" means a member of the Commission;
"Minister" means the Minister responsible for sports;
"National Sports Association" has the meaning assigned to it by section 16(3) of this Act;
"Nigeria Olympic Association" means the Olympic Association of Nigeria recognised as such by the Commission;
"sports" includes any game or recreational activity approved by the Commission for the purposes of this Act;
"Secretary" means Secretary to the Commission appointed in accordance with section 7(1) of the Act;
"Zonal Sports Offices" means bodies established in each of the six geopolitical zones of the federation charged with responsibility for sports within each zone and recognised as such by the Commission;
"Universities Games Association" means the Games Association of the universities functioning in Nigeria and recognised as such by the Commission.

Section 19: Citation.

This Act may be cited as the National Sports Commission Act, 2023.