NATIONAL COMMISSION FOR COLLEGES OF EDUCATION ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Establishment of National Commission for Colleges of Education.
2. Governing Board of the Commission.
3. Tenure of office.
4. Removal from office of member of the Board.
5. Functions of the Commission.
6. Supplementary functions of the Commission.
7. Executive secretary to the Commission.
8. Staff of the Commission.
9. Application of Pensions Act.
10. National Commission for Colleges of Education Fund.
11. Maintenance of separate fund by the Commission.
12. Expenditure of the Commission.
13. Annual estimates and accounts.
14. Annual reports.
15. Power to obtain information.
16. Power of Minister to give directives to the Commission.
17. Interpretation.
18. Short title.

SCHEDULE

Supplementary provisions relating to the proceedings of the Board

An Act to establish the National Commission for Colleges of Education to, amongst
other things, advise the Federal Government on all aspects of teacher education
falling outside the universities, and polytechnics and other matters ancillary
thereto.

[1989 No. 3.]

[13th January, 1989]

[Commencement.]

1. Establishment of National Commission for Colleges of Education

There is hereby established, a body to be known as the National Commission for
Colleges of Education (in this Act referred to as “the Commission”), which shall be a
body corporate with perpetual succession and a common seal and may sue and be sued in
its corporate name.

1. Governing Board of the Commission

(1) There shall be established for the Commission a governing Board which shall
consist of a chairman, who shall be appointed by the President, and the following other
members, that is-

(a)    one person to represent the Ministry responsible for Education;

(b)      one person to represent the Ministry responsible for Finance;

(c)     one person to represent the Nigerian Union of Teachers;

(d)     two persons to represent the universities, one of whom shall represent the universities of technology;

(e)     three persons to represent the colleges of education, one of whom shall represent technical teacher education;

(j)      one person to represent Ministries of Education of the States of the Federation;

(g)     one person to represent the Nigerian Academy for Education;

(h)     one person knowledgeable in teacher education, to represent the Ministry responsible for Women Affairs;

       (i)     three persons to be appointed on individual merit, on a nationwide basis, who should have wide experience of service in the public or private sector; and 

(j)     the executive secretary who shall be an ex-officio member of the Board, but shall not have the right to vote at the meetings of the Board.

[1993 No. 12.)

(2) Members of the Board, other than those appointed under paragraphs (a) and (b) of
subsection (1) of this section, shall be appointed by the President.

[1993 No. 12.)

3. Tenure of office

(1) Subject to the provisions of this Act, the chairman and other members who are
not public officers, shall serve for a period of three years from the date of their appoint-
ments and shall be eligible for re-appointment for another term of three years.

(2) Any member, not being a public officer, may resign his appointment by a notice
in writing under his hand, addressed to the Minister.

(3) Public officers shall be members of the Board at the pleasure of the Minister, of
the Ministry they represent.

(4) Members of the Board, not being public officers, shall be paid such remuneration
and allowances as the Federal Government may, from time to time, determine.

1. Removal from office of member of the Board

(1) The Minister may at any time remove any member of the Board from office, if
the Minister is of the opinion that it is not the best interest of the Commission for the
member to continue in office and shall inform the member in writing to that effect
through the chairman.

(2) Where the Board is satisfied that the continued presence on the Board of a mem-
ber is not in the national interest or the interest of the Commission, the Board may rec-
ommend to the Minister that the member concerned be removed from his office.

1. Functions of the Commission

The functions of the Commission shall be to-

(a)       advise the Federal Government through the Minister and co-ordinate all as pects of teacher education programmes below degree level;
[1993 No. 12.]

(b)        make recommendations on the national policy necessary for the full development of teacher education and the training of teachers;

(c)        lay down minimum standards for all programmes of teacher education and accredit their certificates and other academic awards after obtaining there for prior approval of the Minister;

(d)        approve guidelines setting out criteria for accreditation of all colleges of education in Nigeria;
(e)        determine, after consultation with the National Manpower Board and other bodies it considers appropriate, the qualified teachers’ needs of the country, for the purpose of planning training facilities and in  particular, prepare periodic master plans for the balanced and co-ordinated development of Colleges of Education and such plans shall include-

(i)    the general programmes to be pursued by colleges of education, in order to maximise the use of available facilities and avoid unnecessary duplication, while ensuring that they are adequate

to the manpower needs of the country;

(ii)    recommendation to the Minister for the establishment and location of new Colleges of Education, as and when considered necessary;

(iii)    recommendation to the Minister for upgrading of any college of education to or derecognition of any college of education, as a degree awarding institution;

(f)        inquire into and advise the Federal Government on the financial needs, both recurrent and capital, of colleges of education to enable them to meet the objective of producing the trained qualified teachers of the country;

(g)       receive block grants from the Federal Government, and allocate them to colleges of education in accordance with such formula as may be laid down, from time to time, by the President;

(h)       act as the agency for channelling all external aids to colleges of education in Nigeria;

(i)        advise on, and take steps to harmonise entry requirements and duration of courses at the colleges of education;
(j)       lay down standards to be attained and continually review such standards;

(k)      review methods of assessment of students and trainees and develop a scheme of national certification for the various products of colleges of education;
[1993 No. 12.]

               (l)        undertake periodic review of the terms and conditions of service of personnel in colleges of education and make recommendations thereon, through the Minister, to the Federal Government;

(m)    collate, analyse and publish any published information relating to teacher education in Nigeria;
(n)     recommend to the Visitor of a college that a visitation be made to the college as and when it considers it necessary;
(o)     consider any matter pertaining to teacher education as may be referred to it, from time to time, by the Minister; and
(p)     carry out such other activities as are conducive to the discharge of its functions under this Act.

1. Supplementary functions of the Commission

In its role of advising on all aspects of teacher education, the Commission shall make
recommendation as to how best to-

(a)       stimulate and encourage pre-vocational technical, agricultural, business and home economics education and such other additional subjects considered necessary by the authority, as the case may be, in   the primary schools and in junior and senior secondary schools, not only as a basis for creating early technological awareness, but also to provide suitable orientation for further education and training in technology and direct practical skills for earning a living;

(b)        advise on and take measures to improve the immediate and long-term prospects of technical and business education teachers with respect to status and remuneration;

(c) expand the facilities for the training of technical and business education teachers and ensure that these teachers are exposed, both during and after training, to practical experience;

(d)        involve experts both in government and industry, in the design of courses relevant for technical and prevocational courses; and
(e) provide encouragement for women to enter a wide range of pre-vocational courses in technical teacher education.

1. Executive secretary to the Commission

(1) There shall be appointed by the President, on the recommendation of the Minis-
ter, an executive secretary to the Commission, who shall have appropriate qualification
and experience in teacher education.

(2) The executive secretary shall be the chief executive of the Commission and shall
be responsible for the execution of the policy of the Commission and the day-to-day run-
ning of the affairs of the Commission.

(3) The executive secretary shall hold office in the first instance for a period of four
years and shall be eligible for re-appointment for one further term of four years or such
terms as the President may, from time to time, determine.

(4) Subject to this section, the executive secretary shall hold office on such terms as
to emolument and otherwise, as may be specified in the letter of appointment, as ap-
proved by the President.

8. Staff of the Commission

(1) The Commission may appoint other employees of the Commission to assist the
executive secretary in the exercise of his functions under this Act.

(2) The remuneration and tenure of office of the other employees of the Commission
shall be determined by the Commission after consultation with the Minister.

(3) Notwithstanding the provisions of subsection (l) of this section, employees of the
Commission may be appointed by the Commission by way of transfer or secondment
from any of the public services in the Federation.

1. Application of Pensions Act

(1) It is hereby declared that services in the Commission shall be pensionable under
the Pensions Act and, accordingly, employees of the Commission shall, in respect of their
services in the Commission, be entitled to pensions, gratuities and other retirement bene-
fits, as are prescribed thereunder.

[Cap. P4.)

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

(3) For the purposes of the application of the Pensions Act, any power exercisable
thereunder by the Minister or authority of the Federal Government (not being the power
to make regulations under section 23 thereof) is hereby vested in and shall be exercisable
by the Commission and not by any other person or authority.

[Cap. P4.)

(4) Subject to subsection (2) of this section, the Pensions Act shall in its application
by virtue of the subsection (3) of this section to any office, have effect as if the office
were in the civil service of the Federation, within the meaning of the Constitution of the
Federal Republic of Nigeria 1999.

[Cap. C23.)

10. National Commission for Colleges of Education Fund

(1) There shall be established by the Commission a fund to be known as the National
Commission for Colleges of Education Fund (in this section referred to as “the fund”).

(2) There shall be paid and credited to the fund established in pursuance of subsec-
tion (1) of this section-

(a)        such sums as may be made available to the Commission for allocation to colleges of education in pursuance of paragraph (g) of section 5 of this Act; and
(b)        such other sums as may, from time to time, be credited to the fund by way of payment of the principal and interest on and other charges in respect of any loan made out of the fund and also any interest from

investments made from the fund.

(3) The fund shall be managed in accordance with guidelines given by the Minister of
Finance and without prejudice to the generality of the power to give guidelines under this
subsection, the guidelines shall in particular contain provisions-

(a)              specifying the manner in which the assets of the fund are to be held, and regulating the making of payment into and out of the fund;
(b)              requiring the keeping of the proper accounts and records, for purposes of the fund, in such form as may be specified in the guidelines;
(c)               requiring copies of the accounts to be audited periodically by the Auditor General for the Federation; and
(d)               requiring copies of the accounts and of the auditor’s report on them to be furnished to the President, through the Minister.
11. Maintenance of separate fund by the Commission

(1) The Commission shall establish and maintain a separate fund from which shall be
defrayed all expenditure incurred by the Commission, other than such expenditure as may
be incurred pursuant to section 10 of this Act.

(2) There shall be paid and credited to the fund established in pursuance of subsec-
tion (1) of this section, such payments as may be made to the Commission by the Federal
Ministry of Education for the running expense of the Commission and all other payments
or monies, from time to time accruing to the Commission, otherwise than pursuant to
section 10 of this Act.

12. Expenditure of the Commission

The Commission may, from time to time, apply the proceeds of the fund established
in pursuance of section 11 (1) of this Act-

      (a)     to the cost of administration of the Commission;

(b)     to the payment of the salaries, fees or other remuneration or allowances and
pensions, superannuation, allowances and gratuities payable to members or
employees of the Commission, so however that no payment of any kind under
this paragraph shall be made to any person who is in receipt of emoluments
from the Government of the Federation or of a State;

(c)    for the maintenance of any property vested in the Commission; and

(d)    for and in connection with any of its functions under this Act.

13. Annual estimates and accounts

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

(2) The Board shall keep proper accounts in respect of each year (and proper records
in relation thereto) and shall cause the account to be audited by an auditor appointed from
the list, in accordance with the guidelines supplied by the Auditor-General for the Fed-
eration.

14. Annual reports

The Board shall prepare and submit to the President through the Minister, not later
than 30 June in each year, a report in such form as he may direct on the activities of the
Commission, on or during the immediate preceding year, and shall include in such report
a copy of the audited accounts of the Commission for that year and the Auditor-General’ s
report thereon.

15. Power to obtain information

(1) For the purposes of carrying out the functions conferred on the Commission un-
der this Act, the executive secretary or any other officer authorised in that behalf-

(a)              shall have a right of access to all the records of any institution to which this Act applies; and

(b)              may by notice in writing served on any person in charge of any such institution, require that person to furnish information on such matters as may be specified in that notice

.(2) It shall be the duty of any person required to furnish information pursuant to sub-
section (1) of this section, to comply with the notice within a reasonable period of time.

(3) In this section, the reference to an institution which this Act applies, is a reference
to any college of education or institution for the production of teachers.

16. Power of Minister to give directives to the Commission

Subject to the provisions of this Act, the Minister may give to the Commission direc-
tives of a general character or relating generally to matter of policy with regards to the
exercise by the Commission of its functions and it shall be the duty of the Commission to
comply with such directives.

17. Interpretation

In this Act, unless the context otherwise requires-

“chairman” means the chairman of the Commission;

“Commission” means the National Commission for Colleges of Education estab-
lished by section 1 of this Act;

“executive secretary” means the person appointed as the executive secretary to the
Commission, in pursuance of section 7 (1) of this Act;

“member” means a member of the Commission and includes the chairman;

“Minister” means the Minister charged with responsibility for education.

18. Short title

This Act may be cited as the National Commission for Colleges of Education Act.

SCHEDULE
[Section 2 (3).]

Supplementary provisions relating to the proceedings of the Board

1. Subject to this Act and section 27 of the Interpretation Act (which provides for decisions
of a statutory body to be taken by a majority of its members and for the chairman to have a
second or casting vote), the Board may make standing orders regulating the proceedings of the
Board or any committee thereof.

(Cap. 123.]

2. Every meeting of the Board shall be presided over by the chairman or if the chairman is
unable to attend a particular meeting, the members present at the meeting shall elect one of
their numbers to preside at the meeting.

3. The quorum at a meeting of the Board shall consist the chairman (or, in an appropriate
case, the person presiding at the meeting pursuant to paragraph 2 of this Schedule) and eight
other members.

4. Where upon any special occasion, the Board desires to obtain the advice of any person on
any particular matter, the Board may co-optthat person to be member for as many meetings as
may be necessary, and that person, while eo-opted, shall have all the rights and privileges of a
member, except that he shall not be entitled to vote or count towards a quorum.

5. (1) Subject to its standing orders, the Board may appoint such number of standing and ad-
hoc committees as it thinks fit, to consider and report on any matter with which the Board is
concerned.

(2) Every committee appointed under the provisions of sub-paragraph (1) of this para-
graph shall be presided over by a member of the Board and shall be made up of such number
of persons, not necessarily members of the Board, as the Board may determine in each case.

1. The decision of a committee shall be of no effect until confirmed by the Board.
2. The fixing of the seal of the Commission shall be authenticated by the signature of the
   chairman or of the executi ve secretary of the Commission.

8. Any contract or instrument which, if made by a person not being a body corporate, would
not be required to be under seal, may be made or executed on behalf of the Commission by
the executive secretary or by any other person generally or specifically authorised to act for
that purpose by the Commission.

9. Any document purporting to be a contract, instrument or other document signed or sealed
on behalf of the Commission shall be received in evidence and, unless the contrary is proved,
be presumed without further proof, to have been so signed or sealed.

10. The validity of any proceedings of the Board or a committee thereof shall not be ad-
versely affected-

(a)    by any vacancy in the membership of the Board or committee; or

(b)    by any defect in the appointment of a member of the Board or committee; or
(c)    by reason that a person not entitled to do so took part in the proceedings.

11. Any member of the Board or a committee thereof, who has a personal interest in any
contract or arrangement entered into or proposal to be considered by the Board or committee,
shall forthwith disclose his interest to the Board or committee and shall not vote on any ques-
tion relating to the contract or arrangement.

                                                       SUBSIDIARY LEGISLATION

No Subsidiary Legislation