Delta State Development Administration and Committees Law

DELTA STATE DEVELOPMENT ADMINISTRATION AND COMMITTEES LAW

1. Citation and commencement. This Law may be cited as the Delta State Development Administration and Committee’s Law, 2004 and shall come into force on the 8th day of February, 2005.

2. Interpretation. In this Law- "Auditor-General" means the Auditor General for Local Government of the State; "Department"means Development Committee Department in the office of the Governor; "Development Committee" means the Development Committees established by the Governor from time to time under sections 3 arid 6 of this Law; "Director-General"means the head of the Development Committee Department; "ex officio member" means a representative of a recognised traditional ruler; "Federation" means the Federal Republic of Nigeria; "Government" means the Government of Delta State; "Governor" means the Governor of Delta State; "House of Assembly" means the Delta State House of Assembly; "Local Government Council" means the Council in which Community Development Committee(s) are located; "Local Government Service Commission" means Government Service Commission of the State; "Official Gazette" means the official Gazette of Delta State; "Review Committee" means a Committee set up by the Governor to consider representations in respect of Development Committees and to make recommendations to him for the purposes of section 17 of this Law; "recognised traditional ruler" means a gazetted traditional ruler; "State" means the Delta State of Nigeria.

3. Declaration of Community Development Committee. (1) The Governor, whenever he considers it desirable or expedient to deepen and extend the principle of participatory development for accelerated grass -root development throughout a Local Government Area, may by order- (a) apply the provisions of this Law to any area and declare such area a “Community Development Committee Area” for the purposes of this Law; and (b) appoint members of the Development Committee subject to confirmation by the House of Assembly. (2) An order applying the provisions of this Law to any area shall be made with the advice of persons belonging to the ethnic group of the place or community within the area to be declared a Community Development Committee Area. (3) The order declaring a place a "Community Development Committee Area" shall be in the instrument as prescribed in the First Schedule to this Law and shall be published in the official Gazette of the State. (4) Subsection (1) of this section notwithstanding, a community that desires to be declared, a Community Development Committee Area may apply to the Governor for declaration, stating reasons for the status, and where the Governor is satisfied after due consultation with other relevant interest groups he/she may declare the Community as a Community Development Committee Area. (5) For the avoidance of doubt, this Law does not define community boundaries or confer title to land in a Development Committee Area.

4. Establishment of Community Development Committees. Without prejudice to the provisions of section 3 of this Law, there is hereby established in the Local Government Council Areas mentioned in section 18 of this Law twelve Community Development Committees, the names, areas comprised and administrative headquarters of which are as set out in the first, second and third columns respectively of the Second Schedule to this Law.

5. Establishment of Department of Community Development. (1) There is hereby created in the office of the Governor a department to be known as the "community Development Department" (hereinafter called "the Department"), which shall be charged with responsibility for policy matters with regard to development committees in a Local Government Area, and be the administrative and a co-ordination link, between the Governor and the development Committees. (2) The Department shall be headed by an officer of the rank of Permanent Secretary who shall be responsible to the Governor. (3) The Department may from time to time give the Development Committee policy directions of a specific nature with respect to the, manner in which the Development Committees may discharge or perform any of their functions under this Law and such directions shall be complied with.

6. Inapplicability of s. 5(2) of Local Government Law, 2004. Section 5 (2) pf the Local Government Law, 2004 limiting the powers of Government to establish authorities for the purpose of local government shall not apply to Development Committees established under this Law.

7. Composition, tenure and remuneration of Development Committee. (1) A Development Committee shall comprise not less than five and not more than nine members including the Chairman and the Secretary to be appointed by the Governor and including- (a) a representative of a recognised traditional ruler in the area and where there is more than one traditional ruler in the area, then in rotation on an annual basis; (b) such number of fit and proper persons representing a variety of interests in such area as may be appointed by the Governor from each of the towns or communities or villages from each of the groups of such towns or communities or villages comprised in the area over which the Development Committee exercises jurisdiction. (2) The appointment of members to the Development Committee shall reflect the sectoral character of the area. (3) Members of a Development Committee other than ex officio members shall hold office for a period of three years but shall be eligible for reappointment for another term of three years. (4) Members of a Development Committee shall be paid such remuneration and allowances as the Department may from time to time determine subject to ratification by the House of Assembly.

8. Eligibility for membership of a Development Committee. A person shall be eligible to be appointed as a member of a Development Committee if- (a) he is qualified to be a Chairman of a Council in accordance with section 14 of the Local Government Law and is not in any way disqualified in accordance with section 16 (1), (2) and (4) of the same Law; (b) he or either of his parents is an indigene of any one of the towns or communities or villages comprised in the geographical area over which the Development Committee to which he is to be appointed as a member exercises jurisdiction; (c) he has resided in any of the said towns or communities or villages for a continuous period of twelve months immediately preceding the date of his appointment.

9. Dissolution of Committee for non-performance. Notwithstanding section 6 (3) of this Law, the Governor, when it appears to him that a Development Committee has failed to perform and observe its functions and duties as specified by this Law or for other reasons that the Governor considers inimical to the accomplishment of the objectives of this Law, may by order as contained in the Third Schedule to this Law, dissolve the Committee and notice of the dissolution shall be published in the official Gazette of the State.

10. Cessation of office. The office of the Chairman or Member of a Development Committee shall become vacant- (a) upon his death; (b) if he resigns by a letter addressed to the Governor; (c) if he has been convicted of any offence involving dishonesty while in office; (d) if under any Law in force in Nigeria he is found or declared to be of unsound mind or he is adjudged to be a lunatic; and (e) if he is removed following a dissolution under section 9 of this Law, or otherwise.

11. Staff of Development Committee. (1) A Development Committee shall have power to appoint or employ temporary, contract or permanent employees as it may require to carry out its functions subject to the approval of the department. (2) All employees of a Development Committee appointed pursuant to subsection (1) of the section, excluding employees appointed on a temporary or contract basis, shall have the same rights and obligations as members of the Public Service as defined by section 24 of the Pensions Act applicable to the Public Service of Delta State.

12. Functions of Development Committee. (1) A Development Committee shall be an interventionist agency of both, the State Government and the Parent Local Government Council and functions shall include- (a) mobilisation of the people for co-operative farming or other suitable occupations; (b) mass mobilisation of the people for development through self-help projects in the areas of education, health, social amenities, infra-structural development and maintenance; (c) youth and women empowerment programmes; (d) protection and improvement of the environment within its area; (e) protection, preservation and promotion of the cultural heritage; of the people; (f) development and enhancement of the cultural values of the people; (g) promotion of harmonious relationships among the people and their neighbours; (h) carrying out development programmes to establish the presence of local government administration in the area and generally bringing government to the grass-root; (i) participation in socio-economic planning and development of the State and participation in socio-economic planning and development of the State and Local Government Councils in matters assigned to Community Development Committees from time to time by the Governor and the Chairman of a Parent Local Government Council. (2) A Development Committee shall charge and retain all fees, rates or other levies as, may b; fixed by the Governor in respect of any of its functions.

13. Power to sue and be sued. A Development Committee may enter into any contract for the provision of any professional or other, services necessary for the effective performance of its functions under this Land may acquire hold and dispose of property, sue and be sued in its name.

14. Development Committee Account. (1) Each Development Committee shall establish an account to be called Development Committee Account into which shall be credited- (a) such sums of money as the Governor may, from time to time, determine as the contribution by a Parent Local Government Council to its Community Development Committee(s) provided such sum shall not exceed 40 percent of the net monthly allocation accruable to the Parent Local Government Council after deductions of personnel cost; (b) income arising from its fees, rates or levies; (c) forty percent of the sums due to the Parent Local Government Council from its share of the internally generated revenue of the State; (d) all receipts and other monies as a Development Committee may become entitled to receive from any other sources. (2) The contribution of a Local Government Council to its Development Committee pursuant to subsection (1) (a) above shall be a charge upon its share of the State Joint Local Government Account and may be debited therefrom and distributed to the Development Committees. (3) A Development Committee shall defray all its expenses incurred in performing its functions from the Development Committee Account.

15. Management of Development Committee Account. The Development Committee Account shall be managed in accordance with regulations approved by the Auditor-General and Shall include provisions- (a) specifying the manner in which the account is to be operated and regulating the making of payments to and from the account; (b) requiring the keeping of proper books of accounts and records in such form as may be specified in pursuance of the regulations; and (c) ensuring that the annual accounts and the auditors report thereon be furnished through the Department to the House of Assembly as soon as may be after the end of the period to which the accounts relate.

16. Meetings of Development Committee. (1) A Development Committee shall meet at the instance of the Chairman as often as circumstances demand for the transaction of its business, save that the Committee shall meet at least two times in every calendar month. (2) A Development Committee shall have power to make rules or standing orders to regulate its own proceedings for that purpose and, subject to such rules or standing orders, its proceedings shall remain valid notwithstanding any vacancy in its membership or the absence of any member at its meeting. (3) At every meeting of a Development Committee, one-third of members shall form a quorum. (4) The Chairman of a Development Committee shall preside at its meetings and in his absence, the other members present shall select one of their members to preside thereat.

17. Resolution of conflict involving Development Committee. (1) Whenever there is conflict between the decisions, policies of orders of a Local Government Council and that of a Development Committee, the conflict shall be referred to the Department for resolution. (2) Any resolution by the Department shall be final and can only be set aside by a competent Court of law.

18. Local Government Council Area. The Local Government Council Areas referred to in section 4 of this Law shall include the following- (a) Warri South Local Government Council Area: Warri; (b) South West Local Government Council Area: Warri; (c) North Local Government Council Area.

19. Repeal of Law No. 2 of 2004. The Development Administration Committees Law No. 2 of 2004 is hereby repealed. Schedule 1 DELTA STATE DEVELOPMENT ADMINISTRATION AND COMMITTEES LAW FIRST SCHEDULE [Section 3 (3).] LN.D S NO.:....................... The Community Development Committee (Application to-..................................................... Local Govemment Area) Order. Date of Commencement ...............................

1. This Order may be cited as the Development Administration Committees Law (Application to............ Local Government Area) Order No.: ..............................................

2. The provisions of the Development Administration Committees Law, 2004 are hereby made applicable to the................ Local Government Area of .......................... and shall comprise the places listed hereunder- (a)................................. (b)............................... (c)............................... (d).............................. (e)........................... (f)............................. (g)............................

3. The Chairman and members of the Committee for the Area are- (a)................................. (b)............................... (c)............................... (d).............................. (e)........................... (f)............................. (g)............................ MADE AND DATED THIS ................ DAY OF.................... 20 ...................... Schedule 2 DELTA STATE DEVELOPMENT ADMINISTRATION AND COMMITTEES LAW Warri North Local Government Council Areas S/No. NAME OF AREAS COMPRISED DEVELOPMENT COMMITTEES

1. EGBEMA Opuama, Tsekelewu, Ogbinbiri, Ogbudugbudu, Abadigbene, Okifamba, A DEVELOPMENT Opuekeuba, Asigborodo, Abidumu, Odibo, Ogbinbiri-Zion, Ogeuba, Uloluk COMMITTEES Kokotoru, Broagbene, Oyenke, Ikpotogbene, Polobubo, Lagose, Adokogb Bemokiri, Polobubor, Nanaghozion, Amuro, Ajagbene, Ugboeyen, Abilogb Nikigbene, Ebiororo, Awakmba, Dabiotubu, Agoduba, Seingbene, Ikpotog Okoye, Arigbegha, Agujere, Kokoye, Uyabebekorigha, Pinakiri Zion, Ajagb Kukugbene, Tubugbene, UroupaAma, Wekegbene, Ogono-Ama, Gbemigb Idebagbene, Isejegbene, Asisabubotie, Ubibrakui, Oyangbene, Ayonghon Ojudorgbene, Eko-ita (Logose Junction), Ikiyan, Opiagbene, Elume-Ugbo, Opuabo, Lagbogbene, Asantuagbene, Opuabo, Lagbogbene, Adagbarass Iteligbene, Majikigbene, Aririgbene, Ominigbene, Koropingbene, Thikagb Ajatiton, Jimmygbene, Kurukurugbene.

2. TORU-EBE Torokubuagbene, Binibirigbene, Tikpagbene, Awomugbene, Odogbo Zion DEVELOPMENT Isekegbene Jamesgbene, Opuba, Beinmorgbene, Ulolu, Ukulorgbene, Ogb COMMITTEES Korobapele, Akpasibeweigbene, Wobomene-Zion, Kalakakuba, Arigbegha Ikpekegbene Okofagbene, Kokodiagbene, Dagbbolobene, Beresigbene, O Ajamazion, Pepelegbene Ekrekongbene, Sakagbene, Ugbogbene, Oborog Ereghabene Atilabogbene, Igaramagbene, Jalagbene Okorogbene, Friday Okiri-Ugbo, Inakiri, lyanagho, Ekueba, Amafadegbene, Tomgbene, Borug

3. OKO/ABIGBOR ODO Koko, Weriu, Korobe, Ajabugbu, Makine, Aja-Amiabe, Aja-Kpenosen, Aja-E DEVELOPMENT Ologbo, Uton-Ekpo, Ibielegbe, Abiala-odo, Koko Beach, Abigborodo.Wba-a COMMITTEES Orogun, Uton-Ukukoro, Oro-Oke, Tisun, Kolokolo, Sahara-Tie, Urejusisin, Ofnughele, and Usor.

4. BENIN RIVER ITSEKIRIS Ogheye, Jakpa, Ugbeye, Eke-Kporo, Etetie, Ototo, Aja-makin, Oletition Ak DEVELOPMENT Dimigun, Uto-Nila, Ugogegin, Arunton, Ajakpa, Devieketa, Gbukoda, Ajam COMMITTEES Ugbèyim, Ukpepuru, Obaghoro, ArutonObaghoro, Uton-ejebu, Aja-peace, Obontegharedan (Oludu Town), Olumagada Adagbrasa, Tebu, Aruton, Te Eghetsi,Germam I and II and Jakpatie. Warri South Local Government Council Area 5 ODE-ITSEKIRI Obodo, Aghigho, Ajaigbedi Uwakeno, Okpoko, Upumami, Ajaofo, Ajakpam Ighieghie-Tie, Jelu, Ajadiden, Obitegbe, Isisan, Omadinor, Orere-Uluba, Ba Egbuakkporo, Esungbo-Ale, Eguatie, Eyinogbo, Monuko, Ugbogoro, Ubiko Ugbolaja,Ajarira, Orere, Uluba, Ajaogbe, Ugboritseduwa, Okokpooro, Oko Elumeobite, Ajaosolo, Obotie, Ajagbele, Ajaodokun, Ugogogin, Ajauma, O Ogbe, Oroke, Egolobite, Eghoroike Satuno, Orugbo, Aja-Okeje, Egoroko, A Ajamaku, Gray Inorin, Uba-Olesha, AtuInoririshaeye, Aja-Igba, Aja-Okuolo Enetsemi, Ajalyemiduokori, Ikpisan, Aja-Didiare, Ighodetni, Odogene, Aja Eyokoneogban, UbaFofogha, Uba-Ereku, Uba-Youngi, Ajangan.

6. OKERE Okere, Ugbori, Ekurede, G.R.A Pessu, Odion, Alders Town, Merogun, Fugb DEVELOPMENT Ekpen, Ugbuwangue, Ubeji, Ijalakporo, Ifietie, Ijalatie Ifiekporo, Egbokodo COMMITTEE

7. OKERE Otor-Okere, Uduvwu-Ogbe, UduvwuOghorogbo, Uduvwu-Ogherete, Udvw URHOBO Iye, Okukubribri, Ogodogo, Umuvwen, OkereUrhobo, Eboh, Okumagba La DEVELOPMENT Avenue, Iduvwun-Urun, Iduvwun-Ete, Kosini, Eboh, Idama, Ojabugbe, Igh COMMITTEE Otokere, Ivwori-Otete, Ivwori-Rode and Idiaregbe.

8. AGBARHA Ogunu, Edjeba, Okurode, Ekuredeurhobo, Obeghele, Ukpokiti, Ovwodo-A DEVELOPMENT Egbolo, Arira, Ogregwu, Bowen Avenue, Otovwodo-Agbarha, Igbudu, Dec COMMITTEES Ometan and Merogun, Ogboru, Guniwa, Igbudu Housing Estate, Marine Q Essi Layout, Eweinkiri, Ogbe-Ijoh, Milla Quarters (Perebiri), Mapele Swam Lotiebiri, Oturubiri, Alders Town, (Ijaw) Ogbefou (Ogbe-Ijoh Market Area), Road Area), Marchiver, Bowen, Market Road Area, etc. Warri South West Local Government Area

9. GBARAMATU Oporoza, Kunukkunuma, Okerenkoko, Kokodiagbene, Benikurukkuru, Aza DEVELOPMENT Igoba, Ubefan Kurutie, Opuede, Opuede-Bubor, Tebuzor, Adakagbene, Jo COMMITTEES Seitoru, Pepe-Ama, Kantu, Okpele-Ama, Sahara, Ogidadinar, Kenyaghene New Jerusalem Zion Ubabubor, Pere Ama, Olomuza, Afintibulubu, Olukkp Temeweigbene, Teimoghene, Ubabiri, Isanregbene, Agirigbene, Ikiobode Pdubolougbene, Obonbebe-Ama, Ugogbene, Okirigogbene, Fiyeweikiri, A Eprebogbene, Ogumagbene, Odudugbene, Wurutuogbene, Wurufebben, Tortorgbene, Debegbene, Kalabagbene, Arukawareigbene, Olugbene, lya Moneyingbene, Obokogbene, Sengbene, Ugbodubugbo, Osengbene, Pori Ogharanwgbene, Ikantu, Ebananagbangbene, Oweizibirgbene, Ikangbene Ojogbene, Boigbene, Iselemaweigbene, Etubogbene, Selemanigbene, Og Okologbegbene, Amaoftm, Efiogbene, Ikainkoro, Arukugbene, Ekpegbene Edelugbene, Ogioba, Urugbogbene, Ejohgbene, Binidiei, Tungbogbene, S Zion, Odonkiagbene, Konpenegbene, Ayongbe, Yoghogbene, Akpumakus Biabu-Ama, Urogbene, Poutubu, Daunimighan Ekpemu, Okogbene, Ayug Korowaregbene, Teiteipou, Agwagwakiriagha, Kokodiagbene, Ekpemu, E Ogidadinor, Biagbene, Daubriyo, Ebighabogbene,Teideg-Bene, KalaEdeu KalaOgidadinoti, Oborogbene, Pinikigbene, Kalanu, Ikokoligbene, Obirigb Ekpemububor, Pumogbene, Edeuba, Adurumokukumorghene, Oportogbe Isakukiri, Beinikujukuru, Kalalagwa, Opulagwa, Famfuagbene, Weneghag Kenghagbene, Padeigbene, Ogelegbanweigbene, Asikonugbene, Ivintolob Disegbene, Ekpemutagbene.

10. OGBE-1JOH/ISABA/DIE Ogbe-Ijoh, Batan, Ijansa, TekedorKusimi (Egwq II), Eresegbene, Ajuju, Jele BIRI Salvation City, Desmor Island, Ogbogbene, Egbemenegbene, Ibisnegben DEVELOPMENT Logbene, Salvation Zion, Bomobolou II, Otutfughagbene, Soroghagbene,T COMMITTEES Otugbene, Kebigbene, Diebiri; Isaba Kokologbene, Uwonmogbene, Bulob Dibigbene, Sebetugha, Oweiyegbene, Otomogbene, Lokiri Zion, Orufonig Eferesuwogbene, Doukiri Zion, Ugbanabobo, Bulou Ugbana, Oweikegben Siegbene, Eweregbene, Siegbene, Eweregbene, Ovwor Zion, Odidi I, Odid Ariboghagbene, Tekedorgbene, Ikeremor Zion, Okofa Izsanfoun II, Tamag Armadongbene, Ogisig-Bene, Izansa, Eniebogbene, Wilikigbene, Ofirikigb Brisibegbene Asesaghatorubobo, Ubateinghan, Igbelegbkegbene, Ibobi, O Aroutenghan, Ikenseibokorogha, Akpotudugha, Odogborgbene, Pere-Otu Areregbene, orotobo, Toweigbene Beribegbene, Toweigbene Asaramouro Arna, Pamiye, TubuAma, Orubeke, Hitlergbene, Longhene, Amaregbene, Okosugbene, Odingbene, Boyigbene, Segbelegbene, Pere-Ogbogbene, Ig

11. OGIDIGBEN/ Ogidigben, Madangho, Agudaibo, Akpakpa, Aja-Edede, Kpokpo, Ijaghala, UGBORODO Okorogbo, Orubu, Illesami, EgbeokataAja-Eloeo, Aja-Agbonekuya, Aja-Ch DEVELOPMENT Aja-Okoyuroh, LightHouse, Elolo-Kokiri, Aja-Udoko, Ugborodo-New Town, COMMITTEES Tseke, Uremure, Ajag-Boro, Arun-Utun, Remure, Aja-Egedege, Aja-Pirah, Tofasi, Okegbe, Oguuaka, Aja-Emami, AjaOmaretseosone, Ajegunle-Arun Ugborode, Ugbegungun, Ugbe-gungun Ale, Uba-Gbelmeji, Saghara, Ugbe Otumara, Uba-Gira, Olotie, Oguaa, Oguwa, Aja- Ufo, Aja-Okosun Ale, Okit Canan, Aja-Botosan, EyinUgba, Igodo, Sagara-Flow, AjaOmatsone, Aa-Kpe Eghrakpere, Aja-Koromimi, Aja Eloko . 12. Bateren, Utonoyibo, Tselu, Baterente, Ajibasa, bi-Etuwewe, Bobo, Orubu, OREREDEVELOPMENT Atsuran, Olobe, ObiOlobe, Degle, Orumegege, Aja-Usobo, Orere, Yanagho COMMITTEES Agogoro, Agokutu, Ugbogbodu, Takular, Orere-Zion, Uba Mangoro, Uba L Ajasobo. Schedule 3 DELTA STATE DEVELOPMENT ADMINISTRATION AND COMMITTEES LAW THIRD SCHEDULE [Section 8.] L.N.D.S NO.:................... In the exercise of the powers.vested in the Governor of Delta State by the Development Administration Committees Law and all other Laws in that behalf, I............................................ the Governor of Delta State hereby dissolve the................................................................................... ........................................ Development Committee of .................................. Local Government Area with effect from the...................... day of..............................