Delta State House of Assembly Fund Management (financial Autonomy) Law

DELTA STATE HOUSE OF ASSEMBLY FUND MANAGEMENT (FINANCIAL AUTONOMY) LAW

1. Short title and Commencement. This law may be cited as the Delta State House of Assembly Fund Management (Financial Autonomy) Law and shall come into force on the 11th day of December, 2018.

2. Interpretation. "Accountant-General" means the Accountant-General of Delta State; "Auditor-General" means the Auditor-General of Delta State; "Board" means Statutory Funds Management Board established under this Law; "Clerk" means the Clerk of the Delta State House of Assembly; "Committee" means the Departmental Fund Management Committee established under this Law; "Government" means the Delta State Government; "Governor" means the Governor of Delta State of Nigeria; "House Account" means the Statutory House Account of the Delta State House of Assembly established under this Law; "House" means Delta State House of Assembly; "Monetary Threshold" means the value limit in naira set by the Board for the Organs for the award of procurement contracts; "Organs" include the Speaker, Board, Delta State House of Assembly Service Commission and any other relevant body created by the House; "Principal Officers" means members who are Principal Officers of the House; "Speaker" means the Speaker of the House; "State" means Delta State of Nigeria.

3. Establishment and Composition of the Funds Management Board. (1) There shall be established a body to be known as the Funds Management Board. (2) The Board shall consist of: (a) the Speaker of the House who shall be the Chairman; (b) Principal Officers of the House; (c) the Clerk of the House who shall be the Secretary; and (d) Director Finance & Accounts.

4. Functions of the Board. The Board shall: (a) consider the manner in which funds in the House Account are applied for the services and administration of the House; (b) submit quarterly reports in respect of paragraph (a) to the House; (c) set, approve and amend monetary threshold for the House; and (d) approve and award all contracts, procurements and services above N10,000,000.00 (Ten Million Naira).

5. Power to Co-opt. The Board may co-opt any person to be a member at its meeting, but such person shall not be entitled to vote at the meeting of the Board or any of its committees or for the purpose of quorum.

6. Management of Funds. The House shall have the power to manage its capital and recurrent expenditure in accordance with the provisions of this Law.

7. The Accounting Officer of the House/duties of the Accounting Officer. (1) The Clerk of the House shall be the Accounting Officer of the House. (2) The Accounting Officer shall: (a) set up for the House adequate mechanism to enhance efficient management of funds; (b) establish and maintain an account to be known as the Delta State House of Assembly Statutory Account after due consultation with the Speaker and the Board; (c) maintain the House Account with such bank(s) in the State as may be considered viable, after due consultation with the Speaker and the Board; (d) administer the House Account and apply the funds to the services and administration of the House in accordance with applicable financial regulations in the State; (e) maintain proper books of account and records in such form that shall conform to standard financial practice; and (f) be responsible for the preparation of quarterly financial statement of accounts which shall be submitted to the Auditor-General of the State.

8. Establishment of Departmental Funds Management Committee. (1) There shall be established a Committee to be known as the Departmental Funds Management Committee. (2) The Committee shall consist of: (a) Clerk of the House who shall be the Chairman; and (b) Directors of the following departments and divisions: (i) Administration; (ii) Finance and Accounts; (iii) Planning and Research; (iv) Legal; (v) Procurement/Secretary; and (vi) The department whose project is being considered. (3) The Committee shall perform functions relating to all contracts, works, services and procurements in the House up to the sum of Five Million Naira subject to the ratification of the Speaker.

9. 9. Power to Invite. The Committee shall have the power to invite any person or group of persons to its meetings.

10. Quorum. The quorum of the Board and Committee established under Section 3 and 8 of this Law shall not be less than two-third of all the members of the Board or the Committee.

11. Approval Limits of the Speaker and Clerk of the House. (1) The Speaker shall approve capital or recurrent expenditure up to the sum of Ten Million Naira. (2) The Clerk shall approve capital or recurrent expenditure up to the sum of Five Hundred Thousand Naira subject to the ratification of the Speaker.

12. Establishment and Functions of Due Process Unit. (1) There shall be established a Due Process Unit which shall report to the Clerk. (2) The Due Process Unit shall: (a) prepare and update standard bidding and contract document; (b) prevent fraudulent and unfair procurement and where necessary, apply administrative sanctions; (c) ensure the attainment of competitiveness, transparency, cost effectiveness and professionalism in the House procurement system; (d) issue certificate of “NO OBJECTION” for contract award within the threshold of approval under this Law; and (e) perform procurements audits and submit such reports to the House.

13. Preparation of Estimates. The Clerk shall in the last quarter of every year, after due consultation with relevant organs and committees, prepare annual estimates of all income and expenditure for the services and administration of the House for the next financial year and such estimates shall be forwarded to the Governor for inclusion in the Appropriation Law or Supplementary Appropriation Law for that year.

14. Payment into Statutory House Accounts. The Governor shall in pursuance of Section 121(3) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) cause funds in the Consolidated Revenue Fund due to the House for capital and recurrent expenditure be released monthly by the Accountant-General into the House Statutory Account.

15. Audit. The accounts of the House shall be audited by the Auditor-General of the State, or any person authorized by him in that behalf.

16. Power to make Regulations. The House shall make general regulations to give effects to be provisions of this Law.