Boundary Commission Law

1. Citation This Act may be cited as the Boundary Commission Law.

2. Interpretation In this Law unless the context otherwise requires - "Commission" means the State Boundary Commission established by section 1 of this Law; "Member" includes the Chairman and excludes the Secretary to the Commission; "Technical Committee" means the Inter-Local Government Council Boundary Technical Committee established by section 8 (11) of this Law.

3. Establishment of the State Boundary Commission There is hereby establish a body to be known as the Boundary Commission for the State and Boundary Committee in each Local Government Council of the State (hereinafter referred to as the Committee).

4. Composition of the Commission etc. (1) The Commission shall consist of the following members, that is- (i) The Governor as Chairman; (ii) The Deputy Governor as alternate Chairman; (iii) the Attorney-General and Commissioner for Justice; (iv) the Commissioner responsible for Local Government Matters; (v) the Commissioner responsible for Survey/Surveyor-General; (vi) the Commissioner for Works; (vii) the Commissioner for Finance and Economic Development; (viii) the Commissioner for Information; (ix) Traditional Rulers; (x) the Commissioner of Police in the State or his representative; (xi) the Representative of State Security Services in the State; (xii) the Commissioner for Boundaries who shall be the permanent secretary in charge of the Local Government and Chieftaincy Affairs; (xiii) the Boundary and or Border experts or scholars; (2) The non-official members shall be appointed by the Governor on such terms as to tenure and remuneration as the Governor may stipulate in their appointment letters but shall not exceed three years in the first instance.

5. Functions of the Commission The functions of the Commission shall be- (a) To deal with inter-Local Government Boundary Dispute within their States. (b) To interact with the Zonal Liaison Officer of the National Boundary Commission in the area. (c) To hold meetings at least once every month to ensure maintenance of peace and order in the border Areas and to identify areas of potential disputes. (d) To liaise with the Boundary Committees of neighboring States with a view to taking joint measures to promote Inter-Community relationships as well as arrange for the joint utilization of shared resources and facilities along their common boundaries. (e) To encourage and promote joint Inter-Community development ventures among border dwellers. (f) To encourage and support peace organs, such as “Peace Committees” for the purposes of promoting harmony between Communities involved in boundary disputes. (g) To monitor the activities of Local Government Boundary Committees within the State and deal with disputes beyond the competence of Local Government Committees to resolve. (h) To evo1ve measures for the joint Boundaries within the State. (i) To encourage negotiated settlement of boundary disputes in preference to court action. (j) Through appropriate enlightenment campaigns, to cultivate a general awareness among their people that boundary lines are meant for administrative convenience, to serve as bridges rather than barriers between neighboring communities.

6. Membership and function of the Committee (1) The Local Government Boundary Committees shall consist of the following members, that is - (i) Chairman, Local Government Council. (ii) Councilor for Works (iii) Councilor for Finance. (iv) The Divisional Police Officer in the Local Government (v) The Representative of State Security Services in the Local Government. (vi) One Representative of the Traditional Rulers Council and the Local Government Council but where there are more than one traditional Rulers in the Council they shall rotate the post amongst themselves in alphabetic order. (vii) Two other persons with relevant experience of the traditional history of the Communities and their immediate neighbours circuit surveyor at Local Government level of the Surveyor General’s office. (2) The non-official members shall be appointed by the Local Government Council Boundary Committees on such terms as to tenure and remuneration as the Local Government Council may stipulate in their appointment letters but shall not exceed three years in the first instance. (3) The function of the Local Government Boundary Committees shall be - (i) To deal with Inter-Community boundary disputes within their Local Governments. (ii) To liaise with and keep their State Boundary Committees informed about all boundary problems within or involving the Local Government. (iii) To hold meetings at least once every month to identify areas of potential boundary disputes and alert the State Boundary Committee. (iv) To interact with the Zonal Liaison Officer of the National Boundary Commission in the area. (v) To take appropriate measures to promote Intercommunity harmony within the Local Government. (vi) To liaise with neighboring Local Governments with a view to evolving joint programmes to promote peace and harmony among the border dwellers. (vii) To encourage negotiated settlement of boundary disputes in preference to court action; and (viii) To carry out enlightenment campaigns with a view to creating a general awareness among their people that boundaries are meant for administrative conveniences to serve as bridges rather than barriers between neighboring communities.

7. Quorum and procedure Subject to any direction that may be given by the Chief of General Staff, the Commission shall fix its own quorum and otherwise regulate its procedure.

8. Establishment and constitution of the Inter-Local Government Boundary Technical Committee (1) There shall be a body to be known as the Inter-Local Government Boundary Technical Committee (hereafter in this Law referred to as “the Technical Committee”), which shall be part of the Commission. (2) The Technical Committee shall consist of- (a) Commission for Lands and Survey, who shall be the Chairman. (b) a representative of the Commissioner of Police (c) the Permanent Secretary Ministry of Budget and Planning (d) the Permanent Secretary, Governor’s Office (e) the Solicitor-General and Permanent Secretary Delta State Ministry of Justice (f) Permanent Secretary, Ministry of Land and Survey, Delta State (g) The Surveyor-General Delta State (h) the Commissioner responsible for Local Government.

9. Functions of the Technical Committee The Technical Committee shall have the following functions, that is- (a) dealing with any inter-boundary disputes with a view to settling such disputes (b) finding solutions to any inter-local government boundary problems; and (c) making recommendations to the governor through the Commission, as regards borders and boundary adjustments where necessary between local government areas.

10. Power to set up other committees In addition to the Technical Committee, the Commission may set up other committees to deal with matters affecting Local Government Councils borders with neighboring councils either on matters affecting political, economic or legal affairs or matters relating to development and security of border areas.

11. Secretary and other employees of the Commission. (1) There shall be appointed by the Commission a Secretary who shall also be the Secretary to the Commission and the Technical Committee and who shall carry out such duties as may be directed by the Commission from time to time. (2) The Commission may appoint such number of other persons to be employees of the commission as may be required. (3) The salary scale of the employees shall be as determined by the Commission and shall be subject to approval by the Governor.

12. Establishment of Fund of the Commission (1) The Commission shall establish and maintain a fund consisting of such monies as may in each year be approved by the State Government for the purposes of the Commission. (2) The Commission shall defray from the fund- (a) amounts payable to the non-ex-officio members; (b) expenses incurred by the Technical Committee; (c) cost of employment of employees; any other payment for anything incidental to any other functions of the Commission under or pursuant to this.

13. Regulations The Governor may make regulations for the purposes of carrying out or giving full effect to the provisions of this Law.