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NATIONAL INFORMATION TECHNOLOGY DEVELOPMENT AGENCY ACT
ARRANGEMENT OF SECTIONS
PART I
Establishment of the Agency
SECTION
1. Establishment of the Agency.
PART II
Composition of the Governing Board, Powers and Functions
- Establishment and membership of the Governing Board.
- Tenure of Office.
- Cessation of membership.
- Emoluments, etc. of members.
- Functions of the Agency.
- Powers of the Board.
PART III
Staff and Structure of the Agency
- Director-General, Secretary and other staff of the Agency.
- Pensions Reform Act 2004 No.4.
- Staff regulations.
- Removal from Office of the Director-General, etc.
PART IV
Establishment of the National Information Technology Development Fund
- Establishment, etc., of the National Information Technology Development Fund.
- Exempted from tax.
- Investments.
- Accounts and report of the fund.
- Federal Inland Revenue Service to collect levy and pay into the Fund.
- Offences.
- Offences relating to body corporate.
PART V
Information Technology Parks
19. Information technology parks.
PART VI
Financial Provisions
SECTION
- Accounts of the Agency.
- Expenditure of the Board.
- Annual estimates and accounts.
- Annual reports.
- Power to accept gifts.
- Power to borrow.
- Exemption from tax.
PART VII
Legal Proceedings
- Limitation of suits against the Agency.
- Service of documents.
- Restriction on execution against property of the Agency.
- Indemnity.
PART VIII
Miscellaneous
- Directives by the Minister, etc.
- Regulations by the Board.
- Transitional provisions.
- Interpretation.
- Short title.
SCHEDULES
FIRST SCHEDULE
Supplementary Provisions relating to the Board, etc.
SECOND SCHEDULE
Supplementary Provisions relating to the Supervision of the Management of the
Country Code Top Level Domain (.ng) on the Internet
THIRD SCHEDULE
NATIONAL INFORMATION TECHNOLOGY DEVELOPMENT AGENCY ACT
An Act to provide for the establishment of the National Information Technology
Development Agency; and for related matters.
[2007 No. 60.]
[24th April, 2007]
[Commencement. ]
ENACTED by the National Assembly of the Federal Republic of Nigeria.
PART I
Establishment of the Agency
- Establishment of the Agency
(1) There is established a body to be known as the National Information Technology
Development Agency (hereinafter in this Act referred to as “the Agency”).
(2) The Agency shall be a body corporate with perpetual succession and a common
seal and may sue and be sued in its corporate name.
PART II
Composition of the Governing Board, Powers and Functions
- Establishment and membership of the Governing Board
(1) There is established for the Agency, a Governing Board (in this Act, referred to as “the Board”)
which shall have overall control of the Agency.
(2) The Board shall consist of-
(a) a chairman;
(b) a representative each of:
(i) the Federal Ministry of Science and Technology;
(ii) the Ministry of Communication;
(iii) the Federal Ministry of Education;
(iv) the Standards Organisation of Nigeria;
(v) the Nigerian Society of Engineers;
(c) four persons to represent the affiliate bodies of the Computer Professionals’
Registration Council of Nigeria;
(d) two persons with cognate experience in Information Technology to represent
the Academic Staff Union of Universities, and the Academic Staff Union of Polytechnics;
(e) six persons who are experts in the area of Information Technology appointed
by the President from each of the six geo-political zones of Nigeria; and
(f) the Director-General of the Agency who shall be the Secretary of the Board;
(g) the Director-General of the Agency who shall be the Secretary of the Board.
(3) The Chairman and members of the Board, other than the ex officio members,
shall be appointed by the President, on the recommendation of the Minister.
(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 mentioned
therein.
[First Schedule.]
- Tenure of Office
The Chairman and other members of the Board, other than ex officio members shall
each hold Office-
(a) for a term of 4 years in the first instance and may be re-appointed for a further
term of 4 years and no more; and
(b) on such terms and conditions as may be specified in his letter of appointment.
- Cessation of membership
(1) Notwithstanding the provisions of section 3 of this Act, a member of the Board
shall cease to hold Office if-
(a) he resigns his appointment as a member of the Board by notice, under his
hand, addressed to the President;
(b) he becomes of unsound mind;
(c) becomes bankrupt or makes a compromise with his creditors;
(d) he is convicted of a felony or of any offence involving dishonesty or corruption;
(e) he becomes incapable of carrying out the functions of his office either arising
from an infirmity of the mind or of the body; or
(f) the President is satisfied that it is not in the interest of the Agency or of the
public for the person to continue in Office and notifies the member in writing
to that effect.
(2) When a vacancy occurs in the membership of the Board, it shall be filled by the
appointment of a successor to hold Office for the remainder of the term of Office of his
predecessor provided that the successor shall represent the same interest as his predecessor.
- Emoluments, etc. of members
The Chairman and members of the Board shall be paid such emoluments, allowances
and benefits as the Federal Government may, from time to time, direct.
- Functions ofthe Agency
The Agency shall-(a) create a framework for the planning, research, development, standardisation,
application, co-ordination, monitoring, evaluation and regulation of information technology
practices, activities and systems in Nigeria and all matters
related thereto and for that purpose, and which without detracting from the
generality of the foregoing shall include providing universal access for information technology
and systems penetration including rural, urban and underserved areas;
(b) provide guidelines to facilitate the establishment and maintenance of appropri-
ate infrastructure for information technology and systems application and de-
velopment in Nigeria for public and private sectors, urban-rural development,
the economy and the Government;
(c) develop guidelines for electronic governance and monitor the use of electronic
data interchange and other forms of electronic communication transactions as
an alternative to paper-based methods in Government, commerce, education,
the private and public sectors, labour, and other fields, where the use of elec-
tronic communication may improve the exchange of data and information;
(d) develop guidelines for the networking of public and private sector establishments;
(e) develop guidelines for the standardisation and certification of Information
Technology Escrow Source Code and Object Code Domiciliation, Application
and Delivery Systems in Nigeria;
(f) render advisory services in all information technology matters to the public
and private sectors;
(g) create incentives to promote the use of information technology in all spheres
of life in Nigeria including the setting up of information technology parks;
(h) create incentives to promote the use of information technology in all spheres
of life in Nigeria including the development of guidelines for setting up of information
technology systems and knowledge parks;
(i) introduce appropriate regulatory policies and incentives to encourage private
sector investment in the information technology industry;
(j) collaborate with any Local or State Government, company, firm or person in
any activity which in the opinion of the Agency is intended to facilitate the attainment of the objectives of this Act;
(k) determine critical areas in information technology requiring research intervention and
facilitate research and development in those areas;
(l) advise the Government on ways of promoting the development of information
technology in Nigeria including introducing appropriate information technology legislations,
to enhance national security and the vibrancy of the industry;
(m) accelerate internet and intranet penetration in Nigeria and promote sound
internet governance by giving effect to the Second Schedule of this Act; and
[Second Schedule.]
(n) perform such other duties which, in the opinion of the Agency, are necessary
or expedient to ensure the efficient performance of the functions of the Agency under this Act.
| 7. Powers of the Board |
| The Board shall have power to-(a) formulate overall policy for the management of the affairs of the Agency;(b) manage the National Information Technology Development Fund established under section 12 of this Act; and(c) appoint, promote, terminate, dismiss and exercise disciplinary control over the principal officers and senior staff of the Agency;(d) structure the Agency into such number of departments as it deems fit for the effective discharge of the functions of the Agency; and(e) exercise such powers as are necessary or expedient for giving effect to the provisions of this Act. |
| PART III |
| Staff and Structure of the Agency |
| 8. Director-General and other staff of the Agency |
| (1) There shall be for the Agency a Director-General who shall-(a) be appointed by the President;(b) be the chief executive and accounting officer of the Agency;(c) be responsible for the execution of policy and the day to day administration of the affairs of the Agency; and(d) perform such other duties as the Board may, from time to time, assign to him. |
| (2) The Director-General shall hold office for a term of 4 years in the first instance and may be re-appointed for a further term of 4 years and no more and on such terms and conditions as may be specified in his letter of appointment. |
| (3) The Agency may, subject to the approval of the Board, appoint such other staff as it may deem necessary and expedient, from time to time, for the proper and efficient per- formance of the functions of the Agency.(4) The terms and conditions of service including remuneration, allowances, benefits and pensions of the staff and employees of the Agency shall be determined by the Board in such a manner as to attract and retain quality and high calibre manpower.(5) The Board shall consider and in consultation with the National Income and Wages Commission determine and review from time to time the remunerations and allowances payable to the Agency’s staff. |
| Pensions Reform Act 2004 No.4(1) Service in the Agency shall be approved service for the purpose of the Pensions Act, and accordingly, officers and employees of the Agency shall be entitled to pensions, gratuities and other retirement benefits as are prescribed under the Pension Act.[Cap. P4.] |
(2) Without prejudice to the provisions of subsection (I) of this section, nothing in
this Act shall prevent the appointment of a person to any Office on terms and conditions
which preclude the grant of a pension, gratuity or other retirement benefits in respect of
that Office.
(3) For the purpose of the application of the provisions of the Pensions Act, any
power exercisable by a Minister or other authority of the Federal Government, other than
the power to make regulations, under section 23 thereof, is hereby vested in and shall be
exercisable by the Board and not by any other person or authority.
10. Staff regulations
(I) Subject to the provisions of this Act, the Agency may make staff regulations relating
generally to the conditions of service of the staff and without prejudice to the generality
of the foregoing, such regulations may provide for-
(a) the appointment, promotion, termination, dismissal and disciplinary control of
staff or employees of the Agency; and
(b) appeals by staff or employees against dismissal or other disciplinary measures
and until such regulations are made any instrument relating to conditions of
service in the Public Service of the Federation shall be applicable, with such
modifications as may be necessary, to the employees of the Agency.
(2) The staff regulations made under subsection (I) of this section shall not have effect until
approved by the Board, and when so approved the Agency shall cause a notice
of the staff regulations to be issued to all affected staff in such manner as it may, from
time to time, determine.
11. Removal from Office of the Director-General, etc.
Notwithstanding the provisions of sections 7 (c) and 9 of this Act, the Director-
General of the Agency may be removed by the President on the recommendation of the
Minister.
PARTlY
Establishment of the National Information Technology Development Fund
12. Establishment, etc. ofthe National Information Technology Development Fund
(I) There is established a fund, which shall be known as the National Information
Technology Development Fund (in this Act referred to as “the Fund”).
(2) There shall be paid and credited into the Fund established under subsection (I) of
this section-
(a) a levy of one percent of the profit before tax of companies and enterprises
enumerated in the Third Schedule to this Act with an annual turnover of
N1OO,OOO,OOO and above and such paid by the companies shall be tax deductible;
[Third Schedule.]
(b) grants-in-aid and assistance from bilateral and multilateral agencies;
(c) all other sums accruing to the Fund by way of gifts, endowments, bequest or
other voluntary contributions by persons and organisations:
Provided that the terms and conditions attached to such gifts, endowments,
bequest or contributions will notjeopardise the functions of the Agency;
(d) such monies as may be appropriated for the Fund by the National Assembly; and
(e) all other monies or assets that may, from time to time accrue to the Fund.
13. Exempted from tax
All monies accruing to the Fund and accounts of the Agency from the sources specified
in sections 12 and 19 of this Act respectively shall be exempted from income tax and
all contributions to the Fund and the accounts of the Agency shall be tax deductible.
14. Investments
The Board may, in accordance with the Trustee Investments Act, invest any surplus
funds in profit yielding ventures and the net incomes so generated shall be paid into the
treasury.
[Cap. T22.]
15. Accounts and report of the Fund
(1) The Director-General of the Agency shall keep proper records of the accounts,
sources and use of the monies and assets of the Fund and shall render accounts to the
Board, from time to time.
(2) The account of the Fund shall be audited not later than 3 months after the end of
the year to which it relates by auditors appointed by the Board from the list and in accordance
with the guidelines supplied by the Auditor-General for the Federation.
16. Federal Inland Revenue Service to collect levy and pay into the Fund
(1) The Federal Inland Revenue Service shall assess and collect the levy imposed
under section 12 of this Act.
(2) The Federal Inland Revenue Service shall, while assessing any company for either
company income tax or petroleum profit tax for an accounting period of the company,
also assess such company for the levy or tax due under this Act.
(3) The levy imposed under section 12 of this Act shall be due and payable within
60 days after the Federal Inland Revenue Service has served notice of the assessment on
a company in such form as the Federal Inland Revenue Service may, from time to time,
determine.
(4) Where a levy due under section 12 of this Act is not paid within the time specified
in that section, the Federal Inland Revenue Service shall serve on the company, a
demand note for the unpaid tax plus a sum which is equal to 2 percent of the levy.
(5) Any company, agency or organisation that fails within two months after a demand note,
to pay the levy or the import duty imposed under section II of this Act commits an offence
and is liable on conviction to a fine of not less than N 1,000,000.00 and the chief executive
officer of the company, agency or organisation shall be liable to be
prosecuted and punished for the offence in like manner as if he had himself committed
the offence, unless he proves that the act or omission constituting the offence took place
without his knowledge, consent or connivance.
(6) The institution of proceedings or imposition of a penalty under this Act shall not
relieve a company or organisation from liability to pay to the Federal Inland Revenue
Service such levy or levies that may become due under this Act.
17. Offences
(1) Except as otherwise provided in this Act, any person or corporate body who contravenes
or fails to comply with the provisions of this Act commits an offence.
(2) Where a body corporate fails to make payment within two months after a demand
note for unpaid levy plus a sum which is equal to 2 percent of this levy has been served
on the body corporate, the body corporate commits an offence under this Act.
(3) Where an offence under this Act is committed by a body corporate or firm or
other association of individuals-
(a) every chief executive officer ofthe body corporate or any officer acting in that
capacity or on his behalf; and
(b) every person purporting to act in any capacity mentioned under paragraph (a)
of this subsection commits an offence, unless he proves that the act or omission constituting
the offence took place without his knowledge, consent or connivance.
(4) Where a person or body corporate fails to comply with the guidelines and standards prescribed by the
Agency in the discharge of its duties under this Act, such person or body corporate commits an offence.
(5) The Agency shall collaborate with the Standards Organisation of Nigeria to enforce
the guidelines and standards formulated by the Agency in the discharge of its duties
under the Act.
18. Offences relating to body corporate
(l) Except as otherwise provided in this Act, any body corporate or person who commits
an offence under this Act where no specific penalty is provided is liable on
conviction-
(a) for a first offence, to a fine of N200,000 or imprisonment for a term of 1 year
or to both such fme or imprisonment; and
(b) for a second and subsequent offences, to a fine of N500, 000 or to imprisonment
for a term of 3 years or to both such fine and imprisonment.
(2) The institution of proceedings or imposition of a penalty under this Act shall not
relieve a body corporate from liability to pay to the Federal Inland Revenue Service such
levy or tax which or may become due under this Act.
PART V
Information Technology Parks
19. Information technology parks
(1) Subject to this Act, the Minister shall by Order, designate and facilitate the establishment
of Information Technology Parks (in this Act referred to as “the Parks”) all over
the country.
(2) Upon application made in that behalf by the Minister, through the Board charged
with responsibility for matters relating to Commerce, the President may by Order designate
the Parks as Free Zones and may specify in the Order such incentives and/or tax
holidays that enterprises engaged in the Parks may enjoy.
PART VI
Financial Provisions
20. Accounts of the Agency
The Agency shall establish and maintain an account into which shall be paid and
credited-
(a) all subventions and budgetary allocations from the Federal Government;
(b) gifts, loans, grants-in-aid from national, bilateral and multilateral organisations
and agencies;
(c) rents, fees and other internally generated revenues from services provided by
the Agency; and
(d) all other sums accruing to the Agency from time to time.
21. Expenditure of the Board
The Agency may, from time to time, apply the proceeds of the Fund established under
section 12 of this Act-
(a) to the cost of administration of the Agency;
(b) to the payment of the emoluments, allowances and benefits of members of the
Board and for reimbursing members of the Board or of any committee set up
by the Board and for such expenses as may be expressly authorised by the Boards;
(c) to the payment of the salaries, fees or other remuneration or allowances, gratuities
and pensions, and other benefits payable to the staff and other employees of the Agency,
so however that no payment of any kind under this paragraph (except such as may be expressly
authorised by the Board) shall be made to any person who is in receipt of emoluments from the
Government of the Federation or of a State;
(d) for the development and maintenance of any property vested in or owned by the Agency;
(e) for maintaining general financial reserves subject to general or special directive that may
be given in that behalf by the Minister in accordance with the provisions of this Act; and
(f) to any other expenditure in connection with all or any of its functions under this Act.
(2) Proceeds from the Fund established under section 12 (b) shall be applied for the
purpose which such gifts, loans or grants-in-aid were made.
(3) Proceeds from the Funds established under section 12 (c) shall be remitted to the
Treasury of the Federal Government.
22. Annual estimates and accounts
(1) The Agency shall, not later than 30th September in each year, submit to the Minister an estimate
of its expenditure and income (including payments to the Agency’s
Fund) for the next succeeding year.
(2) The Agency shall keep proper accounts in respect of each year and proper records in relation to those
accounts and shall cause its accounts to be audited within 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.
23. Annual reports
The Agency shall prepare and submit to the Minister not later than 30th June in each
year a report in such form as prescribed in this Act on the activities of the Agency during
the immediately preceding year, and shall include in the report a copy of the audited accounts
of the Agency for that year and of the auditor’s report thereon.
24. Power to accept gifts
(1) The Agency may accept gift 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 Agency shall not accept any gift if the conditions attached by the person or
organisation making the gift are inconsistent with the functions of the Agency under this Act.
25. Power to borrow
The Agency may, in accordance with the general authority of the Minister, borrow
such sums of money as the Agency may require in the exercise of its functions under this
Act or its subsidiary legislation.
26. Exemption from tax
(1) The Agency shall be exempted from the payment of income tax on any income
accruing from investments made by the Board or otherwise howsoever.
(2) The provisions of any enactment relating to the taxation of companies or trust
funds shall not apply to the Agency or the Board.
PART VII
Legal Proceedings
27. Limitation of suits against the Agency
(1) Subject to the provisions of this Act, the provisions of the Public Officers Protection
Act shall apply in relation to any suit instituted against any member or officer or
employee of the Agency.
[Cap. P41.]
(2) Notwithstanding anything contained in any other law or enactment, no suit
against a member of the Board, the Director-General or any other officer or employee of
the Board, for any act done in pursuance or execution of this Act or any other law or enactment,
or of any public duties or authority or in respect of any alleged neglect or default in the execution
of this Act or any other law or enactment, duties or authority, shall
lie or be instituted in any court unless it is commenced-
(a) within three months next after the act, neglect or default complained of; or
(b) in the case of a continuation of damage or injury, within six months after the
ceasing thereof.
(3) No suit shall be commenced against a member of the Board, the Director-General
or any other officer or employee of the Agency before the expiration of a period of one
month after written notice of the intention to commence the suit shall have been served
on the Agency by the intending plaintiff or his agent.
(4) The notice referred to in subsection (3) of this section shall clearly and explicitly state-
(a) the cause of action;
(b) the particulars of the claim;
(c) the name and place of abode of the intending plaintiff; and
(d) the relief which he claims.
28. Service of documents
A notice, summons or other document required or authorised to be served on the
Agency under the provisions of this Act or any other law or enactment may be served by
delivering it to the Director-General or by sending it by registered post addressed to the
Director-General at the principal office of the Agency.
29. Restriction on execution against property of the Agency
(1) In any action or suit against the Agency, no execution or attachment of process in
the nature thereof shall be issued against the Agency unless not less than three months
notice of the intention to execute or attach has been given to the Agency.
(2) Any sum of money which by the judgment of any court has been awarded against
the Agency shall, subject to any direction given by the court, where no notice of appeal
against the judgment has been given, be paid from the Fund of the Agency.
30. Indemnity
A member of the Board, the Director-General or any officer or employee of the
Agency shall be indemnified out of the assets of the Agency against any liability incurred
by him in defending any proceeding, whether civil or criminal, if the proceeding is
brought against him in his capacity as a member, Director-General, officer or other employee of the Agency.
PART VIII
Miscellaneous
31. Directives by the Minister, etc.
The Minister may give to the Agency or the Director-General such directives of a
general nature or relating generally to matters of policy with regards to the exercise of its
or his functions as he may consider necessary and it shall be the duty of the Agency or
the Director-General to comply with the directives or cause them to be complied with.
32. Regulations by the Board
The Board may make such regulations as in its opinion are necessary or expedient
for giving full effect to the provisions of this Act and for the due administration of its provisions.
33. Transitional provisions
The National Information Technology Development Agency is the successor-in-title
in every way to the powers, duties and functions of the former National Information
Technology Development Agency-
(a) all existing contracts, agreements and compacts currently in effect by the National
Information Technology Development Agency continue in effect;
(b) all existing contracts currently in effect by the National Information Technology
Development Agency continue in effect;
(c) any positions authorised and allocated subject to the personnel laws of the
former National Information Technology Development Agency are transferred
to the National Information Technology Development Agency;
(d) all records, property and equipment previously belonging to or allocated for
use of the former National Information Technology Development Agency become on the
effective date of this Act, part of the property of the National Information Technology Development Agency;
(e) all existing forms, licences, letterheads and similar items bearing the name of
or referring to the “National Information Technology Development Agency”
may be utilised by the National Information Technology Development Agency
until existing supplies of those items are exhausted.
34. Interpretation
In this Act-
“Agency” means the National Information Technology Development Agency established under section 1 of this Act;
“Board” means the Governing Board of the Agency established under this Act;
“computer” means any electronic device or computational machinery using programmed
instructions which has one or more of the capabilities of storage, retrieval,
memory, logic, arithmetic or communication and includes all input, output, processing,
storage, software, or communication facilities which are connected or related to such a
device in a system or network or control functions by the manipulation of signals, including
electronic, magnetic or optical, and shall include any input, output, data storage, pro-
cessing or communication facilities directly related to or operating in conjunction with
any such device or system or computer network;
“computer network” means the interconnection of one or more computers;
“computer system” means a device or collection of device, including input and output
support devices and excluding calculators which are not programmable and capable
of being used in conjunction with external files, which contain computer programmes,
electronic instructions, input data and output data, that performs logic arithmetic, data
storage and retrieval, communication control and other functions;
“data” means a representation of information, knowledge, facts, concepts or instruction which
are being prepared or have been prepared in a formalised manner, and is intended to be processed,
is being processed or has been processed in a computer system or
computer network, and may be in any form (including computer printout, magnetic or
optical storage media, punched cards, punched tapes) or stored internally in the memory
of the computers;
“Director-General” means the Director-General of the Agency appointed under section 8 of this Act;
“electronic form” with reference to information means any information generated,
sent, received or stored in media, magnetic, optical, computer memory, micro film, computer
generated, micro fiche or similar device;
“electronic record” means data, record or data generated, image or sound stored, received
or sent in an electronic for or micro film or computer generated micro fiche;
“Government” means the Federal Government of Nigeria;
“information technology” encompasses all forms of technology used to create,
store, exchange and use information in its various forms (business data, voice, conversa-
tion, still images, motion pictures, multimedia presentations and other forms including
those not yet conceived);
“Minister” means the Minister charged with the responsibility of matters relating to
Science and Technology;
“President” means the President of the Federal Republic of Nigeria;
“software” includes any program, procedure and associated documentation concerned with the operation of a computer system.
35. Short title
This Act may be cited as the National Information Technology Development Agency
Act, 2007.
SCHEDULES
FIRST SCHEDULE
[Section 2 (4).]
Supplementary Provisions relating to the Board, etc.
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 person presiding at
any meeting, when a vote is ordered, to have a second or casting vote), the Board may make
standing orders regulating its proceedings or that of any of its committees.
2. At every meeting of the Board, the Chairman shall preside and in his absence the members
present at that meeting shall appoint one of their numbers to preside at that meeting.
3. The quorum at a meeting of the Board shall be not less than one-third of the total number
of the Board members at the date of the meeting.
4. The Board shall for the purposes of this Act, meet not less than four times in each year and
subject, thereto, the Board shall meet whenever it is summoned by the Chairman, and if required
to do so by notice given to him by not less than 13 of members, he shall summon a
meeting of the Board to be held within fourteen days from the date in which the notice is
given.
5. Where the Board desires to obtain of any person on any particular matter, the Board may
co-opt him to the Board for such as it thinks fit, but a person who is a member by virtue of this
paragraph shall not be entitled to vote at any meeting of the Board and shall not count towards
a quorum.
Committees
6. (1) Subject to its standing orders, the Board may appoint such number of standing or ad
hoc committees as it thinks fit to consider and report on any matter with which the Board is
concerned.
(2) A committee appointed under this paragraph shall-
(a) consist of such number of persons (not necessarily members of the Board as
may be determined by the Board) and a person, other than a member of the
Board, shall hold Office on the committee in accordance with the terms of his
appointment; and
(b) be presided over by a member of the Board.
(3) The quorum of any committee set up by the Board shall be its quorum as provided
under paragraph 3 of this Schedule.
(4) The decision of any committee of the Board shall constitute a recommendation to the
Board.
Miscellaneous
7. The fixing of the Seal of the Agency shall be authenticated by the signature of the Chairman
or any other person generally or specifically authorised by the Board to act for that purpose and
that of the Director-General.
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 Board by the Director-
General or any other person generally or specifically authorised by the Board to Act for that purpose.
9. Any document purporting to be contract, instrument or other document duly signed or
sealed on behalf of the Agency shall be received in evidence and shall, 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 any of its committees shall not be affected by-
(a) any vacancy in the membership of the Board, or committee; or
(b) any defect in the appointment of a member of the Board or committee; or
(c) reason that any person not entitled to do so took part in the proceedings of the
Board or committee.
11. A member of the Board or committee who has a personal interest in any contract or arrangement
entered into or proposed to be considered by the Board or committee shall forth-
with disclose his interest to the Board or committee and shall not vote on any question relating
to the contract or arrangement.
12. No member of the Board shall be personally liable for any act or omission done or made
in good faith while engaged in the business of the Board.
SECOND SCHEDULE
[Section 6 (m).]
Supplementary Provisions relating to the Supervision of the Management of the
Country Code Top Level Domain (ng) on the Internet
1. Subject to the provisions of this Act, the Agency shall advise the Federal Government
generally on matters and issues that are related to the management and administration of Nigeria’s
country code top level domain (.ng).
2. The Agency shall have supervisory authority over organisations incorporated under the
laws of Nigeria to manage and administer Nigeria’s country code top level domain (.ng) including but not limited to the following-
(a) approve the constitution of the management of any such organisation created to
carry out the acts mentioned in paragraph 2 (1) of this Schedule;
(b) lay down standards which shall ensure that the membership of the organisation
when viewed collectively is broadly representative of the stakeholders of ICT
community in the country;
(c) outline an operational rule for the organisation which shall include but not limited to the following-
(i) the creation of any departments of the organisation to perform specialised functions;
(ii) the establishment and functioning of committees including a management board;
(iii) the preparation by the organisation of an annual business plan in
terms of which the activities of the organisation are planned annually;
(iv) the determination through arbitration of any dispute concerning the
interpretation of the memorandum and articles of association of the
organisation;
(v) the procedures and criteria for the establishment of second level
domains and for delegations to such domains;
(vi) the domain name dispute resolution and related appeal mechanisms;
(vii) criteria for the qualification of and appointment of Domain Name
Registrars and Domain Name Hosts.
3. The Agency shall ensure that the activities of the organisation comply with international
best practice in the administration of country code top level domains.
THIRD SCHEDULE
[Section 12 (2) (a).]
Businesses which section 12 (2) (a) refers to-
(i) GSM service providers and all telecommunications companies;
(ii) cyber companies and internet providers;
(iii) pensions managers and pension related companies;
(iv) banks and other financial institutions;
(v) insurance companies.
SUBSIDIARY LEGISLATION
No Subsidiary Legislation