Delta State Merit Award Law

1. Citation. This Law shall be cited as the Delta State Merit Award Law.

2. Interpretation. "award" means the prize designated as the Delta State Merit Award to be bestowed annually upon indigenes of Delta State as specified in section 9 of this Law; "Board of Trustees" or "Board" means the Board of Trustees of the Delta State Merit Award Endowment Fund established under section 4 of this Law; "Endowment Fund" means the Delta State Merit Award Endowment Fund established under section 3 of this Law; "Governor" means the Governor of Delta State; "State" means the Delta State of Nigeria.

3. Establishment of Endowment Fund. (1) There is hereby established for the State an annual award to be known as the Delta State Merit Award. (2) There shall be established a Fund to be known as the Delta State Merit Award Endowment Fund for the purpose of awarding annually prizes to be known as the Delta State Merit Award to indigenes of the State for exceptional contributions to the State, particularly in the areas of academics, discoveries, inventions and innovations in science, technology, medicine, law, the humanities, arts and culture and any other field, save politics, as may be considered deserving by the Board of Trustees. (3) The Endowment Fund shall comprise - (a) monies from time to time granted to the Board by the State Government, its agencies, individuals and organisations; (b) subject to subsection (4) of this section, all sums accruing to the Board by way of gifts, testamentary dispositions, contributions from persons or philanthropic organisations or otherwise; and (c) interest on investments made by the Board. (4) The Board may accept gifts or property (including interest in land), money or other assets upon such trusts and conditions (if any) as may be specified by the person or organisation making the gift but the Board shall not accept any gift if - (a) the conditions attached by the person or organisation making the gift to the acceptance thereof are inconsistent with the objectives of this Law; (b) such gift is made by any person or organisation not being a citizen of Nigeria or an organisation established by or pursuant to any law in force in Nigeria.

4. Establishment of Board of Trustees. (1) There shall be established a body to be known as the Board of Trustees of the Delta State Merit Award Endowment Fund which shall be a body corporate with perpetual succession and common Seal and may sue and be sued in its corporate name. (2) The Board of Trustees shall consist of a Chairman and not less than four or more than eight other members who shall be indigenes of the State to be appointed by the Governor. (3) Persons appointed to be members of the Board of Trustees shall be persons appearing to the Governor to be suitably qualified by reason of professional academic or administrative qualifications in any field of human endeavour. (4) Subject to subsection (5) of this section, a person appointed as a member of the Board of Trustees shall hold office for three years and may be eligible for re-appointment for one further period of three years. (5) The Governor may terminate the appointment of a member on grounds of misbehavior or inability to discharge the duties of his office by reason of physical or mental incapacity or for any other reason he deems fit.

5. Proceedings. (1) The Board of Trustees shall have power to regulate its proceedings and may make standing orders for the purpose and, subject to any such standing orders and subsection (2) of this section, may function notwithstanding - (a) any vacancy in its membership or the absence of any member; (b) any defect in the appointment of a member; or (c) that a person not entitled to do so took part in its proceedings. (2) Notwithstanding its standing orders the quorum at any meeting of the Board of Trustees shall be the Chairman and two other members, but in the absence of the Chairman, the members present at any such meeting shall elect one of their number to preside and reference herein to Chairman shall be construed accordingly.

6. Functions of the Board of Trustees. (1) The Board of Trustees shall be responsible for the management of the Endowment Fund, the income from which shall be used by the Board - (a) in organising the Delta State Merit Award annually; and (b) for the administrative expenses of the Board. (2) The Board of Trustees may, if it considers it necessary for the due and proper execution of its functions under this Law, appoint a secretary and such other staff as it deems fit. (3) The Board of Trustees, in relation to any employees thereof, shall have the power - (a) to exercise disciplinary control (including dismissal) over such employees; and (b) with the prior approval of the Civil Service Commission, to determine the remuneration and allowances (and in appropriate cases, pensions, gratuities and other terminal benefits) to be paid to such employees and such other conditions of service of the employees as it deems appropriate.

7. Procedure for making nominations. (1) The nomination for consideration of a person by the Board of Trustees for an award may be made by any indigene of the State to the Board of Trustees and any person may by himself, where not sponsored by another person, apply to the Board for this purpose. (2) Every nomination under this section shall be in writing addressed to the Board of Trustees and shall set forth in respect of each person nominated - (a) his full names, address and his brief biographical data; (b) his personal attainments and specific contributions to science, technology, medicine, law, the humanities or arts and culture and any other field which the Board may select generally or specifically in each year; and (c) such other particulars as would in the opinion of the person, making the nomination, assist the Board of Trustees in arriving at a determination, in respect of each nomination.

8. Committees of assessors. (1) In order to enable the Board of Trustees to arrive at a proper determination in respect of nominations made pursuant to section 7 of this Law, the Governor shall appoint ad hoc specialised advisory committees of assessors to assist the Board in the selection of candidates proposed for any award under this Law and, subject thereto and to its standing orders, the Governor may appoint such number of other ad hoc committees as he thinks fit, to consider and report on any other matter with which the Board is concerned. (2) The Board of Trustees shall have power to regulate the proceedings of-any committed set up by, the Governor and the quorum of any such committee shall be as may be determined by the Board in each case. (3) Every committee of assessors set up under this section shall be made up of such persons (who shall not be members of the Board of Trustees) appearing to the Governor to be suitably qualified by reason of professional or academic or administrative qualifications by their attainment in any field of human endeavour, not having a direct connection or relationship with the particular nominee under consideration.

9. Making of awards. (1) Where the Board of Trustees, after consideration of the report of the committee of assessors mentioned in section 8 (1) of this Law is of the opinion that the circumstances are such as to render it expedient that an award be made to a particular person or that a joint award should be made to two persons in the field concerned, it shall transmit its decision to the Secretary of the State Government not later than July in each year so as to enable the Governor to make the award to the recipient or recipients concerned in August each year: Provided that where the Board of Trustees is, by reason that none of the persons nominated should be given an award or for any other sufficient reason, of the opinion that an award should not be made in a particular year, then there shall be no obligation on the Board to make an award in the year concerned. (2) Each award shall be a cash prize of not less than N100,000 and shall be evidenced by the issuance of a certificate or medal to each recipient thereof. (3) Awards shall be made to not more than five recipients each year.

10. Investment of monies in the Fund. Monies in the Endowment Fund which may at any time be surplus to the current needs of the Fund shall be invested by the Board of Trustees in securities to be approved by the Board from time to time.

11. Accounts and audit. (1) The Board of Trustees shall keep proper accounts of the Endowment Fund and proper records in relation thereto. (2) The accounts of the Endowment Fund shall be audited by an auditor appointed annually by the Board on such terms as the Board may determine.

12. Withdrawal of award. The Governor may on the recommendation of the Board withdraw an award conferred on any person at any time if the recipient is adjudged bankrupt, convicted for any criminal offence bordering on fraud or moral turpitude.