NIGERIAN DEFENCE ACADEMY ACT

The Nigerian Defence Academy (in this Act referred to as "the Academy") shall continue to be a military institution and shall have powers to award its own degrees in accordance with the highest academic standards as may be prescribed by the National Universities Commission.

The Academy shall provide each officer cadet with the knowledge, skills and values necessary to meet the requirements of a military officer through military, academic and character development.

The objects of the Academy shall be to-(a) provide each officer cadet with a broad, balanced curriculum, consisting of military and academic training, general and professional military education, designed to serve as a foundation for his progressive development as an officer in the Armed Forces of Nigeria;
(b) develop in each officer cadet, a commitment to those moral qualities required for leadership that are defined by the ideals of unity, honour and service to the country;
(c) provide the necessary leadership training opportunities for the officer cadet to help his capabilities and skills as a leader;
(d) develop in each officer cadet, the physical attributes and skill necessary to meet the requirements of a commissioned officer;
(e) encourage the advancement of learning and hold out the opportunity of acquiring higher education in liberal, scientific, engineering and any other discipline to officer cadets of the Armed Forces of Nigeria and those of any other nations that the Federal Government of Nigeria, may, from time to time, decide;
(f) prepare officer cadets to earn degrees in those disciplines which are of special interest to the needs and aspirations of the Armed Forces of Nigeria.

There is hereby established for the Academy a Council to be known as the Nigerian Defence Academy Council (in this Act referred to as "the Council") which shall, for all or any of the purposes of this Act, initiate or approve the policy of the Academy, and accordingly the Council may give to the Academy directions of a general or specific nature .

The Council shall consist of-(a) the Minister of Defence who shall be the chairman;
(b) the Chief of Defence Staff;
(c) the Chief of Army Staff;
(d) the Chief of Naval Staff;
(e) the Chief of Air Staff;
(f) the Commandant of the Academy;
(g) the Permanent Secretary of the Ministry of Defence who shall be a member and Secretary to the Council.

The Council shall meet as and when necessary for the performance of its functions under this Act, and shall meet at least once a year in accordance with the provisions of the First Schedule to this Act.

(1) No policy initiated in any way other than as provided for in section 4 of this Act shall be implemented without prior reference to and approval of the Council.
(2) The deliberations of the Council shall not be inquired into by any court of law.

There is hereby established for the Academy, the boards, committees and other bodies whose composition and functions shall be as provided in the Second Schedule to this Act

(1) There shall be appointed for the Academy, a Commandant, whose appointment and removal from office shall be in accordance with military posting, and who shall be responsible to the Council for-
(a) giving to the Council such information as to the activities of the Academy as the chairman of the Council may require;
(b) authorising programmes and plans for giving effect to policy approved by the Council or to any direction of the Council, subject to all or any of the powers in this section as may be delegated to him by the Council.
(2) The fact that any power has been delegated to the Commandant pursuant to subsection (1) of this section shall not preclude the Council itself from exercising them in any special case.
(3) The powers referred to in subsection (2) of this section shall include-
(a) the executive control over the military and civilian staff of the Academy;
(b) the supervision of accounts and records;
(c) the preparation for approval of programmes and plans necessary to carry into effect approved policy or any directive of the Council;
(d) the interpretation of such policy to other staff of the Academy;
(e) the making of any staff recommendations to the Council; and
(f) the establishment of organisational structures, committees and definitions of duties:
Provided that nothing in this Act shall be deemed to detract from the military powers of command of the Commandant.

There shall be appointed for the Academy a Deputy Commandant, whose appointment and removal from office shall be in accordance with military posting, and who shall assist the Commandant in the running of the Academy in accordance with the provisions of this Act.

There shall be appointed for the Academy, other members of staff, in accordance with the provisions of the Third Schedule to this Act.

Notwithstanding the provisions of the Third Schedule to this Act, the Council shall have power to create any office or department, necessary for the efficient running of the Academy.

(1) The Nigerian Army, Navy and Airforce may post officers. soldiers, rating and airmen, from time to time, to fill administrative, teaching and other military or academic vacancies in the Academy.
(2) The Council may appoint such persons as civilian members of the academic staff of the Academy for teaching, research, academic and administration as it considers necessary and may approve terms and conditions of service including provision for the payment of pensions.
(3) Newly appointed members of staff of the Academy shall, unless exempted by the Minister, take such oaths as to secrecy and other members as the Minister may, from time to time, direct.

(1) A cadet shall be commissioned by the Order of the President after satisfying all military and academic requirements as provided in this Act.
(2) Any cadet withdrawn before commissioning on disciplinary grounds or such other grounds except on medical or compassionate reasons shall not be granted the use of the Academy degree certificate or transcript, as the case may be.

(1) No civilian personnel employed in any capacity, whether or not a member of a trade union, shall engage or take part in any union activities.
(2) Any civilian personnel who contravenes the provisions of subsection (1) of this section, is guilty of an offence and liable on conviction to a fine of not less than N5,000 or more than N120,000 or to imprisonment for a term of not less than six months or to both such fine and imprisonment.

In this Act, unless the context otherwise requires-
"Academy" means the Nigerian Defence Academy established under section 1 of this Act;
"Council" means the Nigerian Defence Academy Council established under section 4 of this Act;
"Minister" means Minister charged with responsibility for defence matters.

This Act may be cited as the Nigerian Defence Academy Act.