THE NIGERIAN INSTITUTE OF MANAGEMENT (ESTABLISHMENT) ACT

(1) There shall be established a body to be known as the Nigerian Institute of Management (in this Act referred to as " the Institute") which shall be a body corporate under that name and be charged with the general duty of-
(a) determining what standards of knowledge and skill are to be attained by persons seeking to become members of the management profession and raising those standards from time to time as circumstances may permit ;
(b) securing in accordance with the provisions of this Act the establishment and maintenance of registers of members and the publication from time to time, of a list of those members ;
(c) regulating and controlling the profession of management in all its aspects and ramifications; and
(d) performing through the Council under this Act the functions conferred on it by this Act.
(2) The institute shall have perpetual succession and a common seal which shall be kept in such custody as the Council under this Act may from time to time authorise.
(3) The institute may sue and be sued in its corporate name and may, hold, acquire and dispose of any property, movable and immovable.
(4) Subject to the provisions of this Act, members admitted to the institute shall possess adequate knowledge and experience as managers and be enrolled in the category of:
(a) companions;
(b fellows;
(c) members ; and
(d) associates.
(5) Persons accorded status as professional managers by the Council shall be entitled to the use of that name and shall be recorded as :
(a) companions;
(b) fellows;
(c) members; and
(d) associates;
Provided they satisfy all the criteria as stipulated by the Council from time to time as applicable to each grade of membership and as contained in the bye-laws of the Institute.
(6) Every professional member excluding companions are required to attend a number of mandatory continuing professional education programme ( MCPEP)-as specified by the Council and as contained in the bye-laws as a prerequisite to upgrading.
(7) All newly elected members into the grades of Associates and Members shall undergo Membership Induction Programme (MIP) before the confirmation of their election into these grades.
(8) The following are the designated letters for-
(a) Companions of the Nigerian Institute of Management shall be CNIM ;
(b) Fellows of the Nigerian Institute of Management shall be FNIM ;
(c) Members of the Nigerian Institute of Management shall be MNIM ; and
(d) Associates of the Nigerian Institute of Management shall be AMNIM.
(9) Graduates and students registered for training shall become professional members only after satisfying requirements for membership as stipulated in the bye-laws.
(10) Affiliates are companies or individuals with functional working relationship with the Institute.
(11) Corporate members, firm, company, association, institution or other corporate or incorporated body may at the discretion of the Council, be admitted as a Corporate Member and admission as a corporate member shall not confer professional membership of the institute on any member of the company or organisation.

(1) The principal officers of the Institute shall be the President, Deputy President and a National Treasurer who shall be financial members in the grades of Associates, Members and Fellows of the Institute, to be elected annually at the first Council meeting after the annual general meeting and hold the same office for not more than 2 years continuously.
(2) The President shall be the Chairman at the meetings of the Institute. But in the event of the death, incapacity or inability for any reason of the President, the Deputy President shall act in his stead for the unexpired portion of the term of office.
(3) The President, Deputy President and the National Treasurer shall respectively be Chairman, Deputy Chairman and the Treasurer of the Council.
(4) If the President or the Deputy President or the National Treasurer ceases to be a member of the Institute, he shall cease to hold any of the offices designated under this section.

(1) There shall be, as the governing body of the Institute, a Council charged with the administration and general management of the Institute.
(2) The Council shall consist of the following members-
(a) the President of the Institute who shall be the Chairman;
(b) the Deputy President of the Institute who shall be the Vice-Chairman;
(c) the Treasurer;
(d) four Vice-Presidents;
(e) one person representing the Federal Ministry or other Federal Office in charge of Establishment or Management Matters;
(f) six zonal Chairmen elected every two (2) years from the six geo-political zones;
(g) 12 others (beside the officers in (a) to (c) above who are individual members of Council elected at the annual general meeting;
(h) seven corporate members nominated by Council;
(i) three representatives from educational and training institutions nominated by the Council;
(j) a Chairman Board of Fellows ;
(k) chairmen of Committees of Council (who are elected Council members) ;
(l) past Presidents of the Institute and Chairmen of Councils; and
(m) any co-opted member(s) up to a maximum of ten.
(3) The provisions of the First Schedule to this Act shall have effect with respect to the qualifications and tenure of office of members of the Council and the other matters therein mentioned.

(1) There shall be appointed annually by the Council, a Board of Fellows, to co-ordinate the activities of fellows of the Institute and to recommend to the Council on yearly basis admission of members to the fellowship and companionship grades.
(2) The Board of Fellows shall consist of persons who have been duly elected as Fellows of the Institute.

(1) The Council shall establish and maintain a fund, the management and control of which shall be in the hands of the Council and into which shall be paid-
(a) all monies received by the Council in pursuance of this Act;
(b) all fees and other monies payable to the Council by its members, individuals and corporate bodies; and
(c) such monies as may be provided by the Federal, State and Local Governments or individuals or corporate bodies, national or international to the Council by way of grant, subvention or by way of loan or otherwise.
(2) There shall be paid out of the Fund of the Institute-
(a) all expenditure incurred by the Council in the discharge of its functions under this Act;
(b) the remunerations and allowances of the Registrar and other staff of the Institute ; and
(c) such reasonable travelling and subsistence allowances of members of the Council in respect of the time spent on the duties of the Council as the Council may determine.
(3) The Council may invest money of the Fund in any security created or issued by or on behalf of the Government of the Federation or in any other securities in Nigeria approved by Council.
(4) The Council may, from time to time, borrow money for the purposes of the Institute and any interest payable on moneys so borrowed shall be paid out of the Fund.
(5) The Council shall keep proper accounts on behalf of the Institute in respect of each year and proper record in relation to those accounts and the Council shall cause the account to be audited by an auditor appointed from the list and in accordance with the guidelines supplied by the Auditor-General of the Federation.
(6) The auditor appointed for the purposes of this section, shall not be a member of the Council.

(1) It shall be the duty of the Council to appoint a fit person to be the Registrar for the purposes of this Act.
(2) The Registrar shall be the Head of Administration of the Institute and Secretary to the Council.
(3) The Registrar shall prepare and maintain, in accordance with the rules made by the Council, a register of the names, addresses, approved qualifications and other relevant particulars as may be specified in the rules, of all persons who are entitled to be enrolled as companions, fellows, members or associates.
(4) The Register shall consist of five parts of which one part shall be in respect of companions, the second part shall be in respect of fellows, the third part shall be in respect of members, the fourth shall be in respect of associates and the fifth part shall be in respect of graduates and students.
(5) Subject to the following provisions of this section, the Council may make rules with respect to the form and keeping of the Register and making of entries therein and in particular-
(a) the making of applications for enrolment;
(b) providing for notification to the Registrar, by the person to whom registered particulars relate, of any change in those particulars;
(c) authorising a registered person to have any qualification which is in relation to the relevant division of the profession, either an approved qualification or an accepted qualification for the purpose of this Act registered in relation to his name in addition to or, as he may elect, in substitution for any other qualifications so registered ;
(d) specifying the fees including subscription to be paid to the Institute in respect of the entry of names on the Register authorizing the Registrar to refuse to enter a name on the Register until the fee specified for the entry has been paid;
(e) specifying anything failing to be specified under this section, but rules made for the purposes of subsection (4) of this section shall not come into force until they are confirmed at a special meeting of the Institute convened for that purpose or at the next annual general meeting as the case may be.
(6) The Registrar shall-
(a) correct, in accordance with the Council's directions, any entry in the Register which the Council directs him to correct as being in the Council's opinion an entry which was incorrectly made;
(b) make, from time to time, any necessary alterations in the registered particulars of registered persons;
(c) remove from the Register the name of any registered person who has died;
(d) record the names of members of the Institute who are in default for more than twelve months in the payment of annual subscriptions, and take such action in relation there to ( including removal of the names of the defaulters from the Register) as the Council may direct or require.
(7) If the Registrar-
(a) sends by post to any registered person a letter addressed to him at his address on the Register enquiring whether the registered particulars relating to him are correct and receives no reply to the letter within the period of six months from the date of posting ; and
(b) upon the expiration of that period sends in the like manner to the person in question a second similar letter and receives no reply to that letter within three months from the date of posting it ;
the Registrar may remove the particulars relating to the person in question from the Register and the Council may direct the Registrar to restore to the appropriate part of the Register any particulars removed there from under this subsection.

(1) The Registrar shall-
(a) cause the Register to be printed, published and put on sale to members of the public not later than two months from the appointed day;
(b) in each year after that, in which the Register is first published cause to be printed, published and put on sale as either a corrected edition of the Register or a list of alterations made to the Register since it was last printed; and
(c) cause a print of each edition of the Register and of each list of correction to be deposited at the principal offices of the Institute and the Council shall keep the Register and list so deposited available at all reasonable times for inspection by members of the Institute.
(2) A document purporting to be a print of an edition of the Register published under this section by authority of the Registrar, or documents purporting to be prints of an edition so published, shall (without prejudice to any other mode of proof) be admissible in any proceeding as evidence that any person specified in the document, for the documents read together, as being registered was so registered at the date of the edition or of the list of corrections, as the case may be, and that any person not so specified was not so registered.
(3) Where in accordance with subsection (2) of this section, a person is, in any proceeding, shown to have been, or not to have been, registered at a particular date, he shall, unless the contrary is proved, be taken for the purposes of those proceedings as having at all material times thereafter continued to be, or not to be, so registered.

(1) Subject to rules made under Section 7 of this Act, a person shall be entitled to be enrolled or registered as a management practitioner if-
(a) he passes the qualifying examination accepted by the Council and completes the practical training prescribed by the Institute under this Act; or
(b) he holds any other qualification accepted by the Institute for the time being; or
(c) he qualifies for enrolment as member in any of the categories specified under Subsection 4 (a) to (d) of Section 1 of this Act.
(2) An applicant for registration shall, in addition to evidences of qualification, satisfy the Council that-
(a) he is of good character;
(b) he has attained the age as prescribed in the by-Laws of the Institute; and
(c) he has not been convicted in Nigeria or elsewhere of an offence involving fraud or dishonesty.
(3) The Council shall, from time to time, publish particulars of qualification for the time being accepted by the Council for registration.

(1) The Council may approve any institution for the purposes of this Act, and may for those purposes approve-
(a) any course of training at an approved institution which is intended for persons who are seeking to become or are already management practitioners and which the Council considers is designed to confer on persons completing it sufficient knowledge and skills for admission to the Institute;
(b) any qualification which, as a result of an examination taken in conjunction with a course of training approved by the Council under this section, is granted to candidates reaching a standard at the examination indicating in the opinion of the members of the Council that the candidates have sufficient knowledge and skill to practise the profession.
(2) The Council may, if it thinks fit , withdraw any approval given under this section in respect of any course, qualification or institution but before withdrawing such an approval the Council shall-
(a) give notice that it proposes to withdraw such approval to each person in Nigeria appearing to the Council to be a person by whom the course is conducted or the qualification is granted or the institution is controlled, as the case may be;
(b) give each such person an opportunity of making to the Council representation with regard to the proposal; and
(c) take into consideration any representations made in respect of the proposal.
(3) Any period during which the approval of the Council under this section for a course, qualification or institution is withdrawn, the course, qualification or institution shall not be treated as approved under this section, but the withdrawal of such an approval shall not prejudice the registration or eligibility for registration of any person who by virtue of the approval was registered or eligible for registration immediately before the approval was withdrawn.
(4) The giving or withdrawal of an approval under this section shall have effect from such date, either before or after the execution of the instrument signifying the giving or withdrawal of the approval; as the Council may specify in that instrument, and the Council shall-
(a) publish as soon as possible a copy of every such instrument in the print media; and
(b) not later than seven days before its publication, send a copy of the instrument to the Minister.

(1) It shall be the duty of the members of the Council to keep themselves informed of the nature of-
(a) the instruction given at approved institution to persons attending approved courses of training; and
(b) the examinations as a result of which approved qualifications are granted, and for the purposes of performing that duty the Council may appoint, either from among its own members or otherwise, persons to visit approved institutions, or to attend such examinations.
(2) It shall be the duty of a visitor appointed under this section to report to the Council on-
(a) the sufficiency of the instruction given to persons attending approved courses of training at institutions visited by him;
(b) the sufficiency of the examination attended by him; and
(c) any other matters relating to the institution or examination on which the Council may, either generally or in a particular case, request him to report, but no Visitor shall interfere with the giving of any instruction or the holding of any examination.
(3) On receiving a report made in pursuance of this section, the Council may, if it thinks fit, and shall if so required by the Institute, send a copy of the report to the person appearing to the Council to be in charge of the Institution or responsible for examination to which the report relates requesting that person to make observation on the report to the Council within such period as may be specified in the request, not being less than one month beginning with the date of the request.

(1) There is established a tribunal to be known as the Professional Management Disciplinary Tribunal (in this Act hereafter referred to as "the Tribunal" ), which shall be charged with the duty of considering and determining any case referred to it by the Panel established by subsection (3) of this section, and any other case of which the tribunal has cognisance under this Act.
(2) The Tribunal shall consist of a Chairman of the Council and six other members appointed by the Council.
(3) There shall be a body, to be known as the Professional Management Investigation Panel (in this Act referred to as "the Panel"), which shall be charged with the duty of-
(a) conducting a preliminary investigation into any case where it is alleged that a member has misbehaved in his capacity as a professional management practitioner, or should for any other reason be the subject of proceedings before the tribunal; and
(b) deciding whether the case should be referred to the Tribunal.
(4) The Panel shall be appointed by the Council and shall consist of two members of the Council and three registered members who are not members of the Council.
(5) The provisions of the Third Schedule to this Act, shall, so far as applicable to the Tribunal and Panel respectively, have effects with respect to those bodies.
(6) The Council may make rules or by-laws not contained in this Act as to acts which constitute professional misconduct.

(1) Where-
(a) a member is judged by the Tribunal to be guilty of infamous conduct in any professional respect;
(b) a member is convicted, by any Court in Nigeria or elsewhere having power to award imprisonment, of an offence (whether or not punishable with imprisonment) which in the opinion of the Tribunal is incompatible with the status of a professional management practitioner;or
(c) the Tribunal is satisfied that the name of any person has been fraudulently registered; the tribunal may, if it thinks fit, give a direction reprimanding that person or ordering the Registrar to strike his name off the relevant part of the Register.
(2) The Tribunal may, if it thinks fit, defer its decision as to the giving of a direction until a subsequent meeting of the Tribunal; but-
(a) no decision shall be deferred under this subsection for periods exceeding two years in the aggregate; and
(b) no person shall be a member of the Tribunal for purposes of reaching a decision which has been deferred or further deferred unless he was present as a member of the Tribunal when the decision was deferred.
(3) For the purposes of subsection (1) (b) of this section, a person shall not be treated as convicted unless the conviction stands at a time when no appeal or further appeal is pending or may (without extension of time ) be brought in connection with the conviction.
(4) When the Tribunal gives a direction under subsection (1) of this section the Tribunal shall cause notice of direction to be served on the person to whom it relates.
(5) The person to whom such a direction relates may, at any time within three months from the date of service on him of notice of the direction, appeal against the direction to the Court of Appeal and the Tribunal may appear as respondent to the appeal and for the purpose of enabling direction to be given as to the costs of the appeal and of proceedings before the Tribunal, shall be deemed to be a party thereto whether or not appears on the hearing of the appeal.
(6) A direction of the Tribunal under subsection (1) of this section shall take effect-
(a) where no appeal under this section is brought against the direction within the time limited for such an appeal, on the expiration of that time;
(b) where such an appeal is brought and is withdrawn or struck out for want of prosecution on the withdrawal or striking out of the appeal;
(c) where such an appeal is brought and is not withdrawn or struck out if and when the appeal is dismissed and shall not take effect except in accordance with the provisions of this subsection.
(7) A person whose name is removed from the Register in pursuance of a direction of theTribunal under this section shall not be entitled to be registered again except in pursuance of a direction in that behalf given by the Tribunal on the application of that person; and a direction under this section for the removal of a person's name from the register may prohibit an application under this subsection by that person until the expiration of such period from the date of the direction ( and where he has duly made such an application, from the date of his last application) as may be specified in the direction.

At the commencement of this Act, any person not a member of the former institute who, but for this Act, would have been qualified to apply for and obtain membership of the profession may, within the period of three months beginning with the date of commencement of this Act, apply for membership of the Institute in such manner as may be prescribed by rules made by the Council and if approved, he shall be enrolled or registered, as the case may be, according to his qualifications.

A person shall be deemed as a professional management practitioner if, for consideration of remuneration received or to be received, and whether by himself or in partnership with any other person-(a) he engages himself in the practice of management ;
(b) he renders professional service or assistance in or about matters of principle or detail relating to management or data; or
(c) he renders any other service which may by rules or by-Laws made by the Council designated as service constituting practice as a professional management practitioner.

(1) The Council may make rules for-
(a) the training of suitable persons in management;
(b) the licensing of people to be employed in management positions;
(c) the fees to be paid by management practitioners; and
(d) restrictions on the right to practise when all prescribed conditions have not been met.
(2) The Council may also make rules prescribing the amount and due date for payment of the annual subscription and for such purpose different amounts may be prescribed by the rules according to the grades of membership.
(3) Rules when made shall, if the Chairman of the Council so directs, be published in the print media.

The Council shall be free to award honorary membership of the Institute to persons whom it considers worthy of such honour, on terms and conditions prescribed by the Council and approved by the Institute in the general meeting.

The Institute shall-(a) provide and maintain a library comprising books and publications for the advancement of knowledge in management, and such other books and publications as the Council may think necessary for the purpose;
(b) encourage research into management methods and allied subjects to the extent that the Council may, from time to time consider necessary ;
(c) undertake regular study of the existing Management Information Services including the library system, internet and electronic mail services and related operations and evolve a state of the art technology driven Research, Publication and Management Information Services Centre; and
(d) engage in the production and sale of materials, books and journals arising from its research and consultancy activities.

(1) Any regulation made under this Act shall be published in the print media as soon as possible.
(2) Rules made for the purposes of this Act shall be subject to confirmation by the Institute at its next annual general meeting or at any special meeting of the Institute convened for the purpose, and if then annulled shall cease to have effect on the day after the date of annulment, but without prejudice to anything done in pursuance or intended pursuance of any such rules.

(1) On the commencement of this Act-
(a) all property held on immediately before that day by or on behalf of the former institute shall, by virtue of this subsection and without further assurance, vest in the Institute and be held by it for the purposes of the Institute ;
(b) the former institute shall cease to exist; and
(c) subject to subsection (2) any act, matter or thing made or done by the former institute shall continue to have effect.
(2) The provisions of the Second Schedule to this Act shall have effect with respect to, and to matters arising from, the transfer by this section to the Institute of the property of the former institute, and with respect to the other matters mentioned in that Schedule.

(1) If any person for the purposes of procuring the registration of any name, qualification or other matter-
(a) makes a statement which he believes to be false in a material particular; or
(b) recklessly makes a statement which is false in a material particular, that person is guilty of an offence.
(2) If, on or after the commencement of this Act, any person not a member of the Institute practises as a registered member of profession of management for or in expectation of reward, or takes or uses any name, title, addition or description implying that he is in practice as a registered member of the profession of management, he is guilty of an offence:
Provided that, in the case of a person falling within Section 4 of this Act-
(a) this subsection shall not apply in respect of anything done by him during the period of three months mentioned in that subsection;
(b) if within that period he duly applies for membership of the Institute, then, unless within that period he is notified that his application has not been approved, this subsection shall not apply in respect of anything done by him between the end of that period and the date on which he is enrolled or registered or is notified.
(3) If, on or after the commencement of this Act, a registered member of the Institute holds himself out as, or takes or uses any name, title, addition or description implying that he is, a management practitioner, he is guilty of an offence.
(4) If the Registrar or any other person employed on behalf of the Institute wilfully makes any falsification in any matter relating to the Register, he is guilty of an offence.
(5) A person guilty of an offence under this section shall be liable-
(a) to summary conviction to a fine of an amount not exceeding N250,000;
(b) on conviction or indictment to a fine of an amount not exceeding N250,000 or to imprisonment for a term not exceeding two years, or both.
(6) Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person purporting to act in any such capacity, he as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

In this Act-
"Board" means the Board of Fellows ;
"Council" means the Council established as the governing body of the Institute under Section 3 of this Act ;
"enrolled" in relation to a fellow, a member, an associate member or an affiliate means registered in the part of the Register to fellow, member, associate member or affiliate as the case may be ;
"Fees" includes annual subscriptions ;
"Institute" means the Nigerian Institute of Management established under section 1 of this Act;
"Member" means the member of the Institute;
"Minister" means the Minister or other Federal Officer in charge of Establishment and Management Matters ;
"President" and "Deputy President" means respectively the office holders under those names in the Institute ;
"Register" means the Register maintained in pursuance of section 6 of this Act;
"Registrar" means the Registrar of the Nigerian Institute of Management appointed under section 6 (1) of this Act;
"Tribunal" has the meaning assigned to it by section 11 of this Act.

This Act may be cited as the Nigerian Institute of Management (Establishment) Act, 2003.