NIGERIA NATURAL MEDICINE DEVELOPMENT AGENCY (ESTABLISHMENT) ACT, 2019.

1 There is established the Nigeria Natural Medicine Development Agency (NNMDA) (In this Act referred to as "the Agency")

2 The Agency:
a shall be body corporate with perpetual succession and common seal;
b may sue or be sued in its corporate name; and
c may acquire, hold and dispose of property, whether moveable or immovable.

1 There is established for the Agency, a Governing Board (in this Act referred to as "the Board") which shall consist of:
a a chairman who shall be a professional with adequate professional qualification and experience in the physical and life sciences or pharmaceutical sciences or science technology and innovation management;
b A representative of the Federal Ministry:
(i) Ministry of Science and Technology,
(ii) Health,
(iii) Agriculture and Rural Development,
(iv) Environment,
(v) Trade and Investment;

c Chairman of the Pharmaceutical Manufacturers Group of the Manufacturers Association of Nigeria (PMG-MAN) or his representative;
d Chairman and one representative of the National Association of Nigeria Traditional Medicine Practitioners (National President and one representative of the National Association of Nigeria Traditional Medicine Practitioners (NANTMP); and
(i) the Director-General and Chief Executive Officer of the Agency, who shall be the Secretary of Board.


2 The President shall, on the recommendation of the Minister, appoint the chairman and other members of the Board.

3 The supplementary provisions set out in the Schedule to this Act shall have effect with respect to the proceedings of the Board and other matters contained in the Schedule.

The Chairman and members of the Board shall:
a hold office for four years and may be re-appointed for another four years and no more; and
b on such terms and conditions as may be specified in their letters of appointment.

1 A member of the Board ceases to hold office as member, if the member:
a resigns his appointment as member of the Board by notice under his hand addressed to the President;
b becomes of unsound mind;
c becomes bankrupt;
d is convicted of a felony or any other offence involving fraud, dishonesty or corruption;
e becomes incapable of performing the functions of his office either arising from an infirmity of body or mind; office either arising from an infirmity of body or mind;
f is certified by the President that it is not in the interest of the agency or of the public for the person to continue in that office;
g has been found guilty under the Code of Conduct or serious misconduct in relation to his duties;
h in the case of person who becomes a member by virtue of the office he occupies, cases to hold such office, or;
i in the case of a person who possesses professional qualification, is disqualified or suspended from practising his profession in any part of the world by an order of competent authority or court.

2 Where a member of the Board ceases to hold office for any reason, before expiration of his tenure, another person representing the same interest he represents shall be appointed to the Board for the unexpired tenure.

The Chairman and other members of the Board shall be paid such allowances and expenses in accordance with such rate as may be approved by the Federal Government of Nigeria.

The Agency shall:
a research, develop, promote, collate, document, and preserve Nigeria's indigenous (traditional) healthcare systems, medications and non-medication healing arts, sciences, technologies and bio resources and facilitate their integration into the national healthcare delivery system;
b conduct ethno-medical and ethno-veterinary surveys, with a view to developing a comprehensive inventory of Medical, Aromatic and Pesticidal Plants (MAPPs) and animal and animal parts and minerals and other bio diversities of Nigeria used as natural medicine;
c promote the active cultivation of medicinal, aromatic, pesticidal plants and other raw materials through the development of appropriate species identification, good agricultural and collection practices and technologies for adoption by farmers;
d develop and disseminate MAPPS post harvest processing technologies and techniques, to ensure good quality raw materials, value addition, herbal therapies formulation and production;
e cultivate and grow medicinal, aromatic and pesticidal plants and ensure proper identification of active substances used in natural medicine practice and translation of relevant information into Nigeria languages;
f establish model experimental farms and activity centers in each of the six geo political zones of the country;
g establish and maintain a virtual and digital library and national databank, information references center on Nigeria's indigenous (traditional) health systems, medication and non-medication healing arts, sciences and technologies;
h research, collate, document and disseminate all published and unpublished research works and findings on all aspects of traditional medicine, products and practices including medicinal, aromatic and pesticidal plants indigenous health sciences and technology;
i support, facilitate and promote the conduct of safety assessment, observational studies and clinical trials of Nigeria traditional therapies;
j stimulate, support, and facilitate, the development of policies and legal instruments for the protection and preservations of the nation's intellectual property rights, traditional medicines knowledge and biodiversity;
k facilitate and support the development of appropriate benefit sharing regimes and promote awareness about issues of intellectual property right with regards to traditional medicines knowledge, biodiversity and prevent bio piracy;
l educate practitioners of traditional medicine to improve their products development and practice skills and encourage the documentation of their traditional medicine knowledge through sensitisation and interactive workshops and training;
m demystify and increase public awareness and interest in the development, promotion and rational utilisation of appropriate natural medicines, products and services;
n collaborate with other stakeholders to explore and promote the establishment of model natural medicine clinics attached to existing hospitals in all zones of the country;
o promote interaction and collaborations between Nigeria practitioners of natural medicines and conventional health practitioners and their counterparts of the world;
p encourage the active participation and involvement of Nigerian traditional medicine practitioners in the activities of international, bilateral, multilateral, and non-governmental organisations;
q establish a model school of natural medicine, as training arms of agency and seek accreditation and affiliation with appropriate bodies and higher institutions, to carry out man power development and training of interested individuals and entrepreneurs;
r publish and maintain a discovery of Nigeria traditional medicine practitioners for collaborative research and development purposes; and
s perform such functions and deemed necessary or expedient for the actualisation of the objectives under this Act

The Board shall:
a formulate policies and advise the Federal Government on strategies and best practices to achieve the mandates, objectives and functions of the Agency;
b receive and consider proposals, recommendations and suggestions by Committees, other bodies and persons on subjects relating to functions of the Agency;
c consider and approve the work plans, estimates, financial statements, audited accounts and development plans of the Agency;
d consider and approve changes in the location of offices of the Agency and the management structure;
e approve the appointment of principal officers of the Agency that are necessary for proper discharge of its functions mandate;
f devise strategies for attracting funds and contributions to the Agency in line with the existing financial regulations;
g enter into research and production partnership with companies, firms and organisations or individuals as may be necessary for the performance of the functions of the Agency in line with existing financial regulations with the approval of the Board and consent of the Minister;
h submit to the Minister, through the Board, the annual report and audit of the Agency;
i discharge any other duty as the board may with the consent of the Minister, direct; and
j constitute committees as may be necessary and charged with specific functions delegated by the Board.

1 The President shall, on the recommendation of the Minister, appoint the Director- General for the Agency.

2 The Director General shall be:
a a person who possesses at least 15 years post qualification and research experience in physical and life sciences, or pharmaceutical sciences or technology and innovation management;
b the Chief Executive and Accounting Officer of the Agency; and
c responsible for the execution of policies and the administration of the Agency.

3 The Director General shall:
a be the head of the Secretariat and Secretary to the Board;
b keep and secure the records of the Board;
c issue notices of meetings of the Board;
d be responsible for the taking and preparation of the minutes of the Board; and
e perform such other functions as may be assigned by the Board.

4 The Director-General shall:
a hold office for four years in the first instance and may be reappointed for another four years and no more; and
b on such terms and condition as may be specified in his letter of appointment.

1 The agency shall appoint:
a Zonal Activity Centres Coordinator not below the rank of Chief Research Officer who shall be in charge of the Activity Center in the six geopolitical zones; and
b such other number of employees as may, in the opinion of the Agency, be expedient and necessary for the proper and efficient performance of the functions of the Agency.

2 The Zonal Activity Centers Coordinators shall:
a be professionals with adequate qualifications and experience in relevant fields;
b be head of the zones that they coordinate;
c assist the Director-General in the management of the Agency;
d execute and implement the policies of the Agency as they apply to their zones;
e supervise the work of research officers and support staff under his center and submit regular reports as may be required by the Director-General;
f prepare annual projects, programmes and expenditure estimates for their centres; and
g perform such other functions as may be assigned by the Director-General.

3 Appointment of senior and junior staff of the Agency shall be in accordance with approved guidelines of the Federal Government as contained in the Scheme of Service in the Federal Public Service.

4 The terms and conditions of services (including remuneration, allowances, benefits and pension) of the employees of the Agency shall be in accordance with the terms and conditions of service in the Federal Public Service as may be approved by the Public Service of the Federation.

5 The Board shall have powers to:
a appoint such number of employees as may, in the opinion of the Board, be required to assist the Agency in the performance of any of its functions under this Act; and
b pay persons so employed, such remuneration (including allowances) as applicable in the Public Service of the Federation.

1 The Agency shall, with the approval of the Minister through the Board, have its head office in Abuja.

2 The Agency shall consist of:
a Research Policy, and Innovation Planning;
b Products Development and Quality Assurance;
c Bio-resources Development and Conservation;
d Digital Library and ICT,
e Administration and Supplies;
f Finance and Accounts;
g Legal Unit;
h Protocol and Public Relations;
i Procurement;
j Zonal Activity Coordinators; and
k Staff Clinic.

3 The Agency shall have power to establish such other departments or units as may be required for actualisation of its objectives under this Act.

4 The Agency shall with approval of the Board and consent of the Minister establish Zonal Activity Centres in the six geopolitical zones to coordinate the execution of the functions of the Agency.

The Board shall promote within the Agency well qualified and experienced persons as Directors, to be in charge of the Departments and such other members of staff as may be considered necessary for the performance of the functions set out in this Act.

1 There is established for the Agency a fund (in this Act referred to as "the Fund") from which shall be defrayed all expenditure incurred by the Agency.


2 There shall be paid and credited to the Fund:
a any allocation to the Agency from the Consolidated Revenue Fund of the Federation;
b any subvention or money as may be granted or lent to the Agency by the Federal, State or a Local Government;
c special grant of 0.1% of import duties collected on all imported herbal therapies and devices;
d contributions from the organized private sector, donor agencies, non-governmental organisations (NGO) and international organisations;
e money accruing from fees, awards and charges for services rendered by the Agency;
f all money raised for purposes of the Agency by way of gifts, grants, testamentary disposition or otherwise;
g such other money or assets as may accrue to the Agency.

The Agency shall, subject to the extant financial regulations, apply the proceeds of the Fund to:
a the cost of establishing and maintaining the head office of the Agency at Abuja;
b research, development, documentation, planning, and production activities necessary for the achievement of the objectives of the Agency;
c human capacity building, training and provision of scholarship and awards for specialised training of the employees of the Agency;
d publication and promotion of research results and locally manufactured medicinal, indigenous medication and non-medication products;
e payment of all patent acquisition expenses, consultancies, contracts, fluctuation, variations, legal fees and cost on contract administration;
f undertaking of such other activities as are connected with all or any of the functions of the Agency; and
g payment of allowances of members of the Board committees constituted by the Agency.

1 The Board shall submit to the Minister, not later than 31 October of each year, its progamme of work and estimates of its income and expenditure for the following year.

2 The Board shall cause to be kept proper accounts and records of the Agency in respect of each financial year in relation to the accounts.

The Agency shall, not later than 30 of June of each financial year, submit its accounts to the auditors appointed from the list of qualified auditors in accordance with guidelines laid down by Auditor-General for the Federation, and the auditors' fees and expenses shall be paid from the Funds of the Agency.

1
The Agency shall prepare and submit to the Minister, through the Board an annual report of its activities, not later than 30 June of each year and such report shall include a copy of the audited accounts and the auditor's report of the Agency.

2 The Agency shall, not later than the 30 September of each year, submit to the Minister through the Board, an annual report of each of its subsidiary institutions for the preceding year.

The Board may invest any surplus fund of the Agency on profit yielding ventures and notwithstanding the power of the Agency, the President may issue to the Agency directives as he thinks necessary to the disposal of any surplus fund for the Agency.

1 The Agency may, with the approval of the Board and consent of the Minister and in line with financial regulations, borrow by overdraft or otherwise, such sums as it may require for the performance of its functions under this Act.

2 The Agency shall not, without any approval of the Board and consent of the Minister, borrow money which exceeds, at any time, the financial regulations.

3 The Agency shall not borrow in foreign currency, without the prior approval of the President.

4 For the purpose of this section, any money borrowed by the Agency from any of its affiliated units shall be disregarded.

1 Subject to the approval of the Board and consent of the Minister and in line with investment and partnership regulations of the country, the Agency may invest in the profitable production of capital goods by joint-ventures, partnerships, fund. shareholding or as sole proprietors, as the case may be, and the net income so generated shall be paid into the Fund of the Agency.

2 The Agency may invest any surplus fund in profit yielding venture, and notwithstanding that power, the Board may, with the consent of the Minister and in line with extant financial regulations, issue to the Agency directives as he may think necessary with regard to the disposal of any surplus Fund of the Agency.

1 Service in the employment of the Agency shall be approved service under the Pensions Reform Act, and, employees of the Agency are, in respect of their services, entitled to pension and other retirement benefits as are prescribed in the Act.

2 Notwithstanding the provisions of subsection (1), nothing in this Act prevents the appointment of a person to any office on terms, which preclude the grant of pension and gratuity in respect of that office

3
For the purpose of the application of the Pensions Reform Act, any power exercisable thereunder by the President or authority other than the Federal Government (not being the power to make regulations under section 11 of the Act) shall be vested in, and exercisable by, the Agency.

4 Subject to subsection (2), the Pensions Reform Act, shall in its application of subsection (3), have effect as if the office were in the Public Service of the Federation within the meaning of the Constitution.

1 The Board may make staff regulations relating generally to the terms and conditions of service of the employees of the Agency in line with the conditions in the Federal Public Service and such regulations may provide for:
a remuneration and tenure of office of members of staff of the Agency;
b appointment, promotion, fringe benefits and productivity incentive for members of staff of the Agency; and

c appeal procedure for members of staff of the Agency against dismissal or other disciplinary measures.

2 Staff regulations made under subsection (1) shall not have effect until they are approved by the Minister and published in the Federal Government official Gazette.

1 The Agency may accept gifts of land, money or property on such terms and conditions, if any, as may be specified by the person or organisation making gift.

2 The Agency shall not accept any gift if the conditions attached by the person or organisation making the gift are inconsistent with the objectives and functions of the Agency.

The Minister may give to the Agency directives of a general character relating to the policies and functions of the Agency, and the Agency shall comply with any directive given.

1 No suit shall be commenced against the Agency before the expiration of one month after written notice of intention to commence the suit has been served upon the Agency

2 The notice shall specify the plaintiff or his agent and clearly state:
a cause of action;
b particulars of claims;
c name and place of abode of the intending plaintiff; and
d relief which he claims.

3 The notice referred to in subsection (l) and any summons or other documents required or authorised to be served on the Agency under the provision of this Act or any other enactment or law, may be served by:
a delivering same to the Director-General.
b sending it by registered post addressed to the Executive Vice Chairman at the head office of the Agency.

4 In any action or suit against the Agency, no execution or attachment or process of any nature thereof shall be issued against the Agency, but any sum of money which may, by the judgment of the court, be paid from the general reserve of the Agency

The Board may, with the approval of the Minister, make regulations for the operation of this Act, including the prescription of:
a methods of payment into the Fund of the Agency by private sector;
b fees to be paid for services rendered by the Agency; and
c such other fees and charges as may be imposed for the services rendered by the Agency.

1 For the purpose of providing offices and premises necessary for the performance of its function, the Agency may, subject to the Land Use Act;
a purchase or take on lease any interest in land, farms, building or property; and
b build, equip and maintain offices and premises.

2 The Agency may, subject to the Land Use Act, sell out any land or office premises held by it, which is no longer required for the performance of its function under this Act.

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

2
No suit shall lie or be instituted in any court against the Agency, a member of the board or any principal officer or employee of the Agency for the action carried out in pursuance to the execution of this Act or any enactment, or of any public duty in respect of any alleged neglect or default in the execution of this Act or duty or authority, unless it is commenced:
a within three months of such act, neglect or default complained of; or
b in the case of continuation of damage or injury, within six months after the ceasing of the act, neglect or default.

3 No suit shall be commenced against the Agency, a member of the Board or any principal officer or employee of the Agency before the expiration of a month after written notice of the intention to commence the suite has been served on the Agency by intending plaintiff or his agent.

4 The notice referred to in subsection (3) shall clearly state:
a the cause of action;
b particulars of the claim;
c the name and place of abode of the intending plaintiff; and
d the relief sought.

1 Any notice or other document required or authorised to be served on or given to any person for the purposes of those act, may be served or given by delivering it to that person, or by leaving it at his usual or last known place of residence or business or at the address specified by him in the notice, application or other documents made, given or tendered to the Agency under this Act, or by posting it by registered mail to him at that place of residence or business or at that address.

2 Where any notice or other document is sent by registered mail, unless the contrary is proved, it is deemed to have been delivered to him when it would have been delivered in the ordinary course of posting a mail unless the contrary is established and in proving the delivery, it shall be sufficient to prove that there is return post office slip showing actual delivery.

3 Where a notice or document is required to be served on a firm or company, the notice or document may be served on the secretary, executive officer or other officer holding a similar position in the organisation, and the service, unless otherwise directed by the Agency, is deemed to be served on all persons who are members of the organisation.

4 Any service of notice or process on the Agency shall be registered post or by personal service on any of the principal officers of the Agency.

1 In any action or suit against the Agency, no execution or attachment of process shall be issued against the Agency, unless, at least three months' notice of the intention to execute or attach has been given to the Agency.

2 Any sum of money which, by the judgment of any court, has been awarded against the Agency shall, subject to any direction given by the court where notice of appeal against the judgment has been given, be paid from the Fund of the Agency.

A members of the Board, Director-General or employee of the Agency shall be indemnified out of the assets of the Agency against any proceedings brought against him in his capacity as member of the Board, Director-General, officer or employee of the Agency, where the act complained of is not ultra vires to his power.

1 A member of the Board, Director-General or any other officer of the Agency shall:
a not, for his personal gain, make use of any information which has come to his knowledge in the exercise of this power or is obtained by him in the ordinary course of his duty as a member of the Board, Director-General or officer of the Agency;
b treat as confidential any information which has come to his knowledge in the exercise of his power or is obtained by him in the discharge of his duties under this Act; and (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 be prescribed by the Board.


2 A person who contravenes the provisions of subsection (l), commits an offence and is liable on conviction to a fine of at least N100,000 or imprisonment not exceeding two years or both.

In this Act:
"Agency" means Nigeria Natural Medicine Development Agency established under section 1 (1) of this Act;
"Board" means the Governing Board of the Agency established under section 2 (1) of this Act;
"Chairman" means the Chairman of the Board;
"Fund" means the Fund of the Agency established under section 12 of this Act;
"Member" means member of the Board;
"Minister" means Minister charged with the responsibility for science and technology; and
"President" means President of the Federal Republic of Nigeria.

This Act may be cited as the Nigeria Natural Medicine Development Agency (Establishment) Act, 2019.