Section 5: Establishment of the Governing Board, and its membership

(1) There is established for the Commission a Governing Board (in this Act referred to as "the Board") charged with the administration of the affairs of the Commission.
(2) The Board consists of 9 Commissioners made up of-
(a) a chairman,
(b) a chief executive who shall also be the Executive Vice-Chairman,
(c) 2 Executive Commissioners, and
(d) 5 non-executive Commissioners, who shall be appointed by the President of the Federal Republic of Nigeria.
(3) Notwithstanding any other provision of this Act, the President shall ensure at all times that there is a duly constituted Board of Commissioners and that there are a minimum of 6 serving Commissioners on the Board at any and all times, made up of -
(a) the Chief Executive ;
(b) 2 Executive Commissioners; and
(c) 3 non-executive Commissioners.
(4) The supplementary provisions set out in the First Schedule to this Act shall have effect with respect to the proceedings of the Board and the other matters contained therein.
(5) Subject to Subsection (4) of this section, the Board shall have capacity to make standing orders for the regulation of its proceedings and meetings howsoever and acts of the Board shall be deemed to be acts of the Commission.