Delta State Community Security Corps Agency Law

DELTA STATE COMMUNITY SECURITY CORPS AGENCY LAW

1. Short Title and Commencement. This Law may be cited as the Delta State Community Security Corps Agency Law and shall cone into force on the 22nd day of July, 2020.

2. Interpretation. In this Law, unless the context otherwise requires: ?"Agency?" means the Delta State Corps Agency established by Law; "Arms" means firearms properly licensed by the Police; "Attorney-General" means the Honourable Attorney-General and Commissioner for Justice of Delta State; ?Board? means the Delta State Community Security Corps Agency Board; "CS Corps" means officials engaged under the Delta State Community Security Corps established by this Law; "Complaints Board" means Independent Community Corps Complaints Board; "Governor" means the Governor of Delta State; "House" means the Delta State House of Assembly; "Police" has the same meaning as provided in the Nigeria Police Act; "State" means Delta State of Nigeria: and "Tag" means a badge which includes the name and identification number of a member of the Delta State Community Security Corps.

3. Establishment of the Agency. (1) There is hereby established for the State, a body to be known as the Delta State Community Security Corps Agency. (2) The Agency shall: (a) be a body corporate with perpetual succession and common seal; (b) have power to sue and be sued in its corporate name; and (c) be capable of acquiring. holding, managing and disposing of properties movable or immovable, for the purpose of exercising the objectives and functions specified in this Law. (3) The Agency shall have such powers and duties as are conferred on it by this Law or by any other enactment made by the House.

4. Objectives of the Agency. Objectives of the Agency are to assist the police and Other Security Agencies to carry out any other lawful activity for maintaining law and order in the State.

5. Functions of the Agency. The functions of the Agency are to: (a) collaborate with and assist the Police and other Security Agencies in gathering information about crime, crime Investigation, arrest and prosecution of persons suspected or involved in kidnapping, terrorism, cattle rustling, cultism, highway robbery and other criminal activities; (b) collaborate with and assist the police and other Security Agencies in maintaining law and order within the State by: (i) making available relevant information on crime, crime in progress, crime related activities, suspicious activities and criminal suspects: (ii) undertaking routine day and night patrol within their respective Communities; (iii) ensuring that offenders are identified, arrested, registered and promptly handed Over to the nearest police station or post; (iv) giving timely report of suspicious activities and crimes in progress to aid in the effective crime fighting in the State; (c) disarm unauthorized in possession of arms and other dangerous weapons; (d) render prompt assistance to crime and accident victims; (e) undertake joint operations with the police and other Security Agencies in furtherance of the Objects of the Agency; (f) react and respond promptly and strategically to distress calls; (g) prevent highway crimes within their respective Communities and any other criminal activities by way of local intelligence gathering and use of technology; and (h) carry out such other directives as the Governor may expressly give to the Agency in relation to security and the maintenance of public order and safety in the State.

6. Establishment and Composition of the Board. (1) There is established for the Agency a part time Board known as the Delta State Community Security Corps Board. (2) The Board shall comprise: (a) A Chairman, who shall be a person of proven integrity with experience in security matters and shall be a retired Law Enforcement or Military Officer not below the rank of a Major or its equivalent in the oilier Security Services; (b) The representative of the Commissioner of police; (c) One member representing the Armed Forces of Nigeria operating in the State; (d) The representative of the State Director of the Department of State Services; (e) The representative of the Commandant of the Nigerian Security and Civil Defence Corps in the State; (f) The Honourable Attorney-General and Commissioner for Justice or his representative; (g) The Chairman of the Association of Local Government of Nigeria (ALGON), Delta State or his representative; (h) The Executive Secretary, Delta State Security Trust Fund or his representative; (i) The Chairman, Delta State Council of Traditional Rulers or his representative; (j) The Director-General Security Matters who shall the State Corps Commander; and (k) The Director of Security in the Directorate of Political and Security Matters who shall be the Secretary of the Board. (3) The Chairman and Members of the Board shall be appointed by the Governor.

7. Powers of Board. The powers of the Board shall include: (a) setting general policy guidelines for the management of the Agency; (b) setting the administrative guidelines for the conditions and welfare of staff of the Agency; (c) making recommendations to the Governor on the terms and conditions or employment and remuneration of staff of the Agency; (d) approving programmes of training for Members of the Agency for effectiveness and efficiency in the performance of their functions under this Law; (e) providing a graded Command structure for the Delta State Community Security Corps; (f) designing and approving the uniform of the different grades of the Delta State Community Security Corps; (g) recruiting suitable persons as CS Corps of the Delta State Community Security Corps; (h) promoting and disciplining the staff of the Agency; (i) removing or deleting from the register, the name of a CS Corp if; (i) he is unfit to discharge the functions of the Delta State Community Security Corps by reason of infirmity or misconduct; or (ii) he withdraws in writing, from being a member of the Delta State Community Security Corps; and (j) doing such other things as the Board may consider appropriate for the overall development and growth of the Agency.

8. Tenure of Office. The Chairman and Members of the Board. with the exception of the Ex-officio members, shall hold office On part-time basis for four (4) years and be eligible for re-appointment at the discretion of the Governor, for one further term of four (4) years and no more; Provided that the Governor shall have power to dissolve the Board at any time during its tenure.

9. Remuneration. The Chairman and Members of the Board shall be paid such remuneration as the Governor may determine.

10. Cessation of Membership. (1) A Member of the Board shall cease to hold office if such person: (a) resigns his appointment by giving one (1) month notice in writing to the Governor; (b) is declared unfit or unable to discharge the functions of his office either by reason of infirmity or mental incapacity; (c) becomes bankrupt; (d) is convicted of a felony or any offence involving dishonesty; or (e) is guilty of serious misconduct or dereliction of duty. (2) The Chairman and any Member of the Board may be removed from office by tie Governor if the Governor is satisfied that it is not in the interest of the public that such n Member should continue in office.

11. Meetings and proceedings of the Board. (1) The Board may make standing Orders regulating its proceedings. (2) Meetings of the Board shall be held quarterly except in situations where additional meeting may be caned by the Secretary of the Board after approval is obtained from the Chairman. (3) At any meeting of the Board, the Chairman or, in his absence, any Member duly appointed by Members present shall preside.

12. Quorum. The quorum at any meeting of the Board shall be eight (8) Members, including the Presiding Officer.

13. Voting. (1) All Resolutions at a meeting of the Board shall be determined by a majority of votes of the Members of the Board present and voting. (2) At any meeting of the Board each Member shall have one vote, and if there is a tie of votes, the Chairman of the meeting shall have a second or Casting vote.

14. The State Corps Commander. (1) The Director-General of Security Matters shall be the State Corps Commander for the Agency and shall hold office at the discretion of the Governor. (2) The State Corps Commander shall: (a) have general supervision und control of all employees of the Delta State Community Security Corps; (b) draw up programmes of training for members or the Delta State Community Security Corps for effectiveness and efficiency in the performance of their functions under this Law; (c) brief the State Security Council at least once every month on the activities of the Agency; and (d) generally, perform all other duties affecting the Agency as may be specifically assigned by the Board. (3) The Director of Security in the Directorate of Political and Security Services shall be responsible for the day-to-day running of the affairs of the Agency and implementation of the decisions of the Board and shall report directly to the State Corps Commander.

15. Secretary/Staff of the Agency. (1) There shall a Secretary for the Agency who shall also be the Secretary to the Board. (2) The Secretary shall be responsible for the following matters: (a) arranging meetings, preparing agenda and minutes of meetings; (b) conveying decisions of the Board to its members; (c) arranging for the payment of allowances to members of the Board and other related matters; and (d) generally perform other duties affecting the Agency as may be assigned by the State Corps Commander. (3) The Agency may, subject to the approval of the Governor engage such other staff as may be necessary for the proper execution of its functions under this Law Mid pay to such persons so employed such remuneration and allowances as may be determined by the Board, subject to the extant policies of the State Government.

16. Command Structure. (1) There shall be appointed for the Agency three (3) Zonal Corps Commanders who shall be in charge of the operations of the Agency in the three Senatorial Zones of the State. (2) There shall be established in each Local Government Area, a Local Government Corps office of the Agency to be headed by a District Corps Commander. The District Corps Commander shall perform shall perform such duties as may be assigned to him by the Zonal Commander in his Senatorial Zone to whom he shall report. In addition, the District Corps Commander shall be responsible for coordinating the activities of the CS Corps in Communities within the Local Government Area of the State.

17. Establishment of the Delta State Community Security Corps. (1) There is established for the Agency a Body to be known as the Delta State Community Security Corps; (a) The CS Corps shall be responsible for carrying out the functions of the Agency as set out under the provisions of the Law; and (b) The State Corps Commander shall be the head of the CS Corps. (2) The Zonal Corps Commander and District Corps Commanders shall give monthly briefings to the State Corps Commander as may be prescribed by Regulations. (3) The Zonal Corps Commander and District Corps Commanders shall be members of the Local Government Security Council and shall render a monthly briefing of the activities of the CS Corps to the meeting. (4) Members of the existing Community Vigilante Groups operating in the Local Government Area of the State may be absorbed into the CS Corps subject to successful and satisfying the conditions at Section 19 of this Law.

18. Scope of Operation and Powers of the CS Corps. (1) The CS Corps shall operate within their respective shall Communities and shall only extend their into other Communities with the express permission of the State Corps Commander or the Zonal Corps Commander responsible for their Senatorial Zone. (2) The CS Corps shall, subject to the approval or the Commissioner or Police have the power to bear licensed arms in the performance of its duties and as may be incidental to the operation of its objectives as under this Law.

19. Criteria for enlistment into the CS Corps. A person may qualify to enlist with the CS Corps if the person: (a) has applied in writing to the Agency; (b) is an indigene by birth of the Community where he intends to work as CS Corps with verifiable accommodation; (c) is recommended by the Traditional Ruler or President-General of his Community; (d) has no criminal record; (e) is not a member of any cult(s) group/society or a drug addict; (f) has received clearance from the Divisional Police Officer in charge of his Community and the Head of the Department of State Services from his Local Government of origin that he/she is of proven character and integrity and has no criminal records; (g) has been endorsed by the Chairman of his/her Local Government Area of residence or the traditional ruler of the community where such a person resides; and (h) is medically, mentally and physically fit.

20. Identification of the CS Corps. (1) Every member of the CS Corps shall be allocated an identification number. (2) An identification tug bearing the name and identification number of a CS Corps member shall be issued by the Board and when on duty. the tag must be worn at all times by the CS Corps member. (3) An identification card issued under this Section shall be valid for one (1) year only after the date of issuance. (4) A uniformed member of the CS Corps shall be in uniform whenever on duty.

21. Register of CS Corps. (1) On fulfillment of the criteria for membership of the CS Corps provided under this Law, the Agency shall capture the biometric information of all intending personnel for the CS Corps. (2) The Agency shall maintain a register of the CS Corps containing the names, addresses, thumb impressions, photographs and other biometric information of all the personnel of the CS Corps. (3) The identification number issued to every CS Corps shall be prefixed against his or her name in the register for personnel.

22. Internal Audit and Investigations Unit. (1) There shall be an Internal Audit and Investigations Unit within the CS Corps to be entrusted with the internal supervision of the workings and operations of the CS Corps to ensure its accountability. (2) The Internal Audit and Investigations Unit is responsible for checking processes and internal procedures as well as investigating any complaint against CS Corps Officers made by members of the Public or the Corps. (3) Upon receipt of a complaint, the internal Audit and Investigations Unit shall, as soon as possible, inform the Independent CS Corps Complaints Board. (4) The Internal Audit and Investigations Unit shall, as soon as practicable, after concluding an investigation On a complaint, transmit a report and recommendations thereof to the Independent CS Corps Complaints Board and forward a copy of the report and recommendations to the State Corps Commander.

23. Establishment of Independent Community Complaints Board. (1) There is established an Independent CS Corps Complaints Board composed of three (3) members, one of whom shall be the Chairman, to be appointed by the State Corps Commander. (2) The Complaints Board shall be constituted on an ad hoc basis whenever a complaint requiring consideration is brought to the attention of the State Corps Commander. (3) The functions of the Complaints Board are to: (a) expeditiously inquire into and report on any matter regarding the conduct of the CS Corps or any of its members on any matter referred by the State Corps Commander, or on any complaint; (b) request if necessary at any stage, the collaboration or assistance of the Internal Audit and Investigations Unit; (c) recommend in its decisions, any such action deemed fit and send its recommendations to the State Corps Commander in respect of every complaint received.

24. Power to arrest and Duty to hand over suspects to the Police. (1) The CS Corps shall have power to arrest and conduct searches on anyone that commits a crime or involved in crime or crime in progress or suspected of criminal activities. (2) A person arrested by a CS Corps member shall be handed to the Police forthwith for investigation and prosecution.

25. Records of Arrest. A written record shall be made of any intervention involving the arrest of a person and Shall include: (a) the grounds on which the arrest was made; (b) the name of the corps member who effected the arrest; (c) the name of the person arrested; (d) the date and time of the arrest; (e) the location of the Police station or post the person was handed over to; (f) the name, rank and signature of the Officer within the Police station or post to whom the person arrested was handed over; (g) the date and time the person arrested was handed to the Police; and (h) any other information pertaining to the arrest.

26. Conflicts of interest. A CS Corps member shall not put himself in a position where personal interest conflicts with the duties and responsibilities assigned to him and shall be obligated to declare interest in any assignment he is involved in.

27. Prohibition of inducements. A person shall not offer CS Corps member gift or benefit of any kind and a CS Corps member shall not accept any such gift as an inducement or bribe for the granting of any favour in the discharge of his duties.

28. Conduct inconsistent with Regulations. (1) CS Corps members shall themselves in a manner that is inconsistent with the Regulations, Guidelines and Policies of the Agency. (2) A CS Corps member shall operate at all times within the framework of this Law.

29. Funds of the Agency. The funds and resources of the Agency shall consist of: (a) subventions from the State; (b) and donations from individuals and corporate bodies; and (c) any other money or property which may in any way become payable to or vested in the Agency.

30. Gifts, donations, grants and endowments. The Agency may accept money, grants. gifts, endowments, donations and testamentary dispositions or other property in aid or its objectives on the condition that such are not inconsistent with its functions, policies and objectives.

31. Audit. The Agency shall prepare at the end of each financial year statements of its accounts which shall be audited by a firm of Auditors appointed by the Board from the list of Auditors provided from time to by the Auditor-General of the State.

32. Annual report and estimates. (1) The Agency shall, in accordance with the State Administrative Guidelines and within such periods as may be indicated, prepare and submit to the Governor a report of its activities and operations with a certified copy of the audited accounts of the Agency and the Auditor's report on same. (2) The Agency shall through the State Corps Commander prepare and submit to the Ministry charged with the responsibility for budget and planning for the Governor's approval, its annual estimates of and expenditure for the period commencing on the 1st day of January and on ending 31st day of December of each year in accordance with extant directives on budget preparation.

33. Acts done in the day. Any member of the Board, stuff of the Agency or office of the CS Corps is hereby excluded from liability and shall not be sued in his or her personal capacity for any lawful act done in the course or duty.

34. Pre-Actions Notice. A suit shall not commence against the Agency unless thirty (30) days written notice of intention to commence an action is issued to the Agency and it must include the particulars of the intending Claimant, details of the complaint and reliefs sought.

35. Obstruction of CS Corps member in the performance of his duty. Any person who willfully hinders, delays. obstructs or assaults a member of the CS Corps in the course of' the exercise of his lawful duties under this Law shall be guilty of an offence and liable on conviction to imprisonment for a term of six (6) months or to a fine not exceeding (Two Hundred and Fifty Thousand Naira) or both.

36. Application of the Pension Law. (1) The Pension Law shall, in its application to any office under this Law, have effect as if the office were in the Civil Service of the State. (2) Nothing in this Section shall prevent the appointment of a person to any office on terms, which preclude she grant of a pension or gratuity in respect of service in that office.

37. Power to make Regulations. (1) The Board may make Regulations generally for carrying into effect provisions of this Law. including any necessary Regulations to guide the operations or the Agency and ensure the maintenance of discipline among its Officers and Operatives. (2) Until such Regulations are made, extant Regulations applicable in the Civil Service of the Delta State shall continue to apply to the Officers and Operatives of the Agency.

38. Repeal of the Delta State Peace and Vigilante Commission Law, 2013. The Delta State Peace and Vigilante Commission Law, 2013 is hereby repealed.