SOUTH-SOUTH DEVELOPMENT COMMISSION (ESTABLISHMENT) ACT, 2025

1 There is established the South-South Development Commission (in this Act referred to as "the Commission").

2 The Commission shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name.

There is established for the Commission, a Governing Board (in this Act referred to as "the Board") which shall consist of -
a the Chairman;
b the Managing Director;
c one person each who shall be an indigene to represent the following member States -

(i) Akwa Ibom,

(ii) Bayelsa,

(iii) Cross River,

(iv) Delta,

(v) Edo, and

(vi) Rivers;
d one person each to represent the other five geopolitical zones of the country listed below -

(i) North Central,

(ii) North West,

(iii) South East,

(iv) North East, and

(v) South West;
e five Executive Directors; and
f one person representing each of the States who are not members of the Management:

Provided that no State shall have the position of the Managing Director and an Executive Director at the same time.

1 The Chairman, the Managing Director, Executive Directors and other members of the Board shall be appointed by the President, subject to the confirmation of the Senate, and must be persons of proven integrity and ability.

2 The members of the Board referred to in section 2 (1) (c)-(f) of this Act shall be part-time members.

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

Subject to the provisions of section 3 of this Act, a member of the Board, other than an ex-officio member, shall hold office for a term of four years at the first instance and may be re-appointed for a further term of four years and no more.

The office of the Chairman and the Managing Director shall rotate among the member States of the Commission where every member State shall be given equal opportunity.

1 A member of the Board other than ex-officio member, may resign his or her appointment by notice in writing addressed to the President, which resignation shall take effect only upon receipt and approval by the President.

2 A member of the Board may cease membership if the member -
a becomes of unsound mind, or incapable of discharging his duties;
b becomes bankrupt, suspends payment or compounds with his creditors;
c is convicted of a felony or any offence involving dishonesty or fraud;
d is guilty of serious misconduct in relation to his duties;
e in the case of a person possessed of professional qualifications, he is disqualified or suspended, other than at his own request, from practicing his profession in any part of the world by an order of a competent authority made in respect of that member; or
f resigns his appointment by a letter addressed to the President.

3 Where a vacancy occurs in the membership of the Board, it shall be filled by appointment of a person representing the area where the vacancy exists, to complete the remainder of the term of office of the predecessor and shall be appointed by the President subject to the confirmation of the Senate in consultation with the House of Representatives.

There shall be paid to every member of the Board such remuneration, allowances and expenses as the Federal Government may direct.

1 The Commission shall have powers to -
a formulate policies and guidelines for the development of the South-South States;
b conceive, plan and implement, in accordance with the set rules and regulations, projects and programmes for sustainable development of the South-South States in the field of transportation including roads, health, education, employment, agriculture, industrialisation, housing and urban development, water supply, electricity and telecommunications;
c cause the South-South States to be surveyed in order to ascertain measures which are necessary to promote its physical and socioeconomic development;
d prepare master plans and schemes designed to promote the physical development of the South-South States and the estimates of the costs of implementing such master plans and schemes;
e implement all the measures approved for the development of the South-South States by the Federal Government and the member States of the Commission;
f identify factors inhibiting the development of the South-South States and assist the member States in the formulation and implementation of policies to ensure sound and efficient management of the resources of the South-South States;
g assess and report on any project being funded or carried out in the South-South States by mineral extracting and mining companies, oil and gas producing companies, and any other company including nongovernmental organisations and ensure that funds released for such projects are properly utilised;
h tackle ecological and environmental problems that arise from the extraction and mining of solid minerals, exploration of oil mineral in the South-South States and advise the Federal Government and the member States on the prevention and control of oil spillages, gas flaring and environmental pollution;
i lialse with the various solid mineral extraction and mining companies and oil and gas prospecting and producing companies on all matters of pollution prevention and control; and
j execute such other works and perform such other functions which in the opinion of the Commission are required for the sustainable development of the South-South States and its people.

2 In exercising its functions and powers under this section, the Commission shall have regard to the varied and specific contributions of each member State of the Commission.

3 The Commission shall be subject to the direction, control or supervision in the performance of its functions under this Act by the President.

The Board shall have power to -
a manage and superintend the affairs of the Commission;
b makes rules and regulations for the performance of the functions of the Commission;
c enter and inspect premises, projects and such places as may be necessary for the purposes of performance of its functions under this Act;
d pay the staff of the Commission such remuneration and allowances as are payable to persons of equivalent grades in the civil service of the Federation;
e enter into such contracts as may be necessary or expedient for the performance of its functions and ensure the efficient performance of the functions of the Commission;
f employ either directly or on secondment from any civil or public service in the Federation or a State such number of employees as may be in the opinion of the Board, be required to assist the Board in the performance of any of its functions under this Act;
g pay to persons so employed such remuneration, including allowances, as the Board may determine; and
h do such other things as are necessary and expedient for the efficient performance of the functions of the Commission.

1 The head office of the Commission shall be situated in Uyo, Akwa Ibom State.

2 There shall be established in the head office of the Commission, the Directorates of-
a Administration and Human Resources;
b Community and Rural Development;
c Utilities, Infrastructural Development and Waterways;
d Environmental Protection and Control;
e Finance and Supply;
f Solid Minerals, Agriculture, Fisheries and Forestry;
g Planning, Research and Statistics and Management Information System;
h Legal Services;
i Education, Health and Social Services;
j Commercial and Industrial Development;
k Projects Monitoring and Supervision; and
l Youth and Women Affairs Development.

3 The Board may increase the number of Directorates as it may deem necessary and expedient to facilitate the realisation of the objectives of the Commission.

4 The Commission shall establish an office in each member State of the South-South zone.

There shall be for the Commission, a Management Committee which shall -
a consist of the Managing Director as the head;
b the Directors responsible for the Directorates established under section 10 of this Act and such number of other members as may be determined by the Board; and
c be responsible to the Board and the Managing Director for the general administration of the Commission.

1 There is established for the Commission, a South-South Development Advisory Committee (in this Act referred to as "the Advisory Committee") which shall consist of -
a the Governors of the member States of the Commission; and
b two persons as may be determined by the President, who shall be indigenes of the member States, one of whom shall serve as Secretary of the Commission.

2 The Advisory Committee shall be charged with the responsibility of advising the Board, guiding and monitoring the activities of the Commission with a view to achieving the objectives of the Commission.

3 The Advisory Committee may make rules regulating its own proceedings.

1 There shall be for the Commission, a Managing Director and five Executive Directors who shall be indigenes of the South-South States and shall rotate amongst the member States and shall -
a have such qualification and experience as are appropriate for a person required to perform the functions of that office under this Act;
b be appointed by the President and confirmed by the Senate;
c hold office on such terms and conditions as to emolument, conditions of service as may be specified in his letter of appointment and subject to the provision of section 3 of this Act.

2 The Managing Director shall be the chief executive and accounting officer of the Commission;

3 The Managing Director shall, subject to the general direction of the Board, be responsible for -
a the administration of the Commission;
b keeping the books and proper records of the proceedings of the Board;
c the administration of the secretariat of the Board; and
d the general direction and control of all other employees of the Commission.

4 The Board shall have power to -
a employ either directly or on secondment from any civil or public service in the Federation or a State such number of employees as may, in the opinion of the Board, be required to assist the Board in the performance of any of its functions under this Act; and
b pay to persons so employed such remuneration (including allowances) as the Board may, after consultation with the Federal Civil Service Commission, determine.

1 Service in the Commission shall be as approved for the purposes of the Pension Reform Act.
[Act No. 4 of 2014]

2 The officers and other persons employed in the Commission shall be entitled to pensions, gratuities and other retirement benefits as are enjoyed by persons holding equivalent grades in the civil service of the Federation.

3 Nothing in subsections (1) and (2) shall prevent the appointment of a person to any office on terms which prelude the grant of pension and gratuity in respect of that office.

4 For the purposes of the application of the provisions of the Pensions Reform Act, any power exercisable by the Minister or other authority of the Government of the Federation, other than the power to make regulations under section 13 (1), is 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 from which shall be defrayed all expenditure incurred by the commission.

2 There shall be paid from the Consolidated Revenue Fund of the Federation and credited to the Fund established in subsection (1) -
a from the Federal Government, the equivalent of 15% of the total monthly statutory allocations due to member States of the Commission from the Federation Account;
b such money as may be granted or lent to or deposited with the Commission by the Federal or a State Government, any other body or institution whether local or foreign;
c all money raised for the purposes of the Commission by way of gifts, loan, grants-in-aid, testamentary disposition or otherwise; and
d proceeds from all other assets that may accrue to the Commission.

3 The Fund shall be managed in accordance with the rules made by the Board, and without prejudice to the power to make rules under this subsection, the rules shall in particular contain provisions -
a specifying the manner in which the assets or the Fund of the Commission are to be held, and regulating the making of payments into and out of the Fund; and
b requiring the keeping of proper accounts and records for the purpose of the Fund in such form as may be specified in the rules.

The Commission shall apply the proceeds of the fund established under section 15 of this Act to ?
a the cost of administration of the Commission;
b the payment of salaries, fees, remuneration, allowances, pension and gratuities payable to the members of the Board specified in section 2 of this Act or any committee of the Board and the employees of the Commission;
c the payment for all contracts, including mobilization, fluctuations, variations, legal fees and cost of contract administration;
d the payment for all purchases; and
e undertaking such other activities as are connected with all or any of the functions of the Commission under this Act.

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

2 The Commission shall not accept any gift if the condition attached by the person or organisation making the gift are inconsistent with the functions of the Commission under this Act.

The Commission may, with the consent of the President, borrow, on such terms and conditions as the Commission may determine, such sums of money as the Commission may require in the performance of its functions under this Act.

1 The Board shall, not later than 30 September in each year submit to the President, an estimate of the expenditure and income of the Commission during the next succeeding year.

2 The Board shall cause to be kept proper accounts of the Commission in respect of each year and proper records in relation to it and shall cause the accounts to be audited not later than 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, at the end of every quarter in each year, submit quarterly report to the President, a report on the activities and administration of the Commission.

1 The Board shall prepare and submit to the President, not later than 30 June in each year, a report in such form as the President may direct on the activities of the Commission during the immediate preceding year, and shall include in the report a copy of the audited accounts of the Commission for that year and the auditor's report on it;

2 The President of the Federal Republic of Nigeria shall, upon receipt of the report referred to in subsection (1), cause a copy of the report and the audited accounts of the Commission and the auditor's report thereon to be submitted to each House of the National Assembly.

1 For the purposes of providing offices and premises necessary for the performance of its functions under this Act, the Commission may, subject to the Land Use Act -
a purchase or take on lease any interest in land, or other property; and
[Cap. L5, LFN, 2004]
b construct offices and premises and equip and maintain them.

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

Subject to the provision of this Act, the provisions of the Public Officers Protection Act Shall apply in relation to any suit instituted against any officer or employee of the Commission.

A notice, summons or other documents required or authorised to be served on the Commission under the provisions of this Act or any other law or enactment, may be served by delivering it to the Managing Director or by sending it by registered post and addressed to the Managing Director at the principal office of the Commission.

Any sum of money which is the judgment of any court awarded against the Commission shall, subject to any direction given by the court where notice of appeal judgment debts of the judgment has been given, be paid from the general reserve fund of the Commission.

A member of the Board, the Managing Director, any other officer or employee of the Commission shall be indemnified out of the assets of the Commission against any proceeding, whether civil or criminal, in which judgment is given in his favor, or in which he is acquitted, if any such proceeding is brought against him in his capacity as a member of the Board, the Managing Director, officer or employee of the Commission.

In this Act -

"Chairman" means the Chairman of the Board;

"Commission" means the South-South Development Commission established under section 1 of this Act;

"Board" means the Goverfung Board established for the Commission under section 2(1) of this Act;

"Managing Director" means the head of management;

"member" means a member of the Board and includes the Chairman, Managing Director and Executive Directors;

"member States" include Akwa Ibom, Bayelsa, Cross River, Delta, Edo, and Rivers; and

"President" means the President of the Federal Republic of Nigeria.

This Act may be cited as the South-South Development commission (Establishment) Act, 2025