Delta State Regulation of Community Development Associations Law

DELTA STATE REGULATION OF COMMUNITY DEVELOPMENT ASSOCIATIONS LAW

1. Short Title. This Law may be cited as the Delta State Regulation of Community Development Associations Law, 2021.

2. Interpretation. In this Law unless the context otherwise requires: "CAC" means Corporate Affairs Commission; "Certificate of Recognition " means a certificate or any written document issued by the Ministry of Women Affairs, Community and Social Development or any of its authorized officer to elected officers of a Community Development Association after a swearing-in ceremony for the CDA Executive Committee supervised by the Ministry, indicating the full name of the officer, position held in the Executive Committee and the tenure of office; "Community Development Association " (CDA) means all Associations of Persons in any Community constituted for the purpose of interfacing with other bodies or organs for the promotion of the general development of the Community and may include Development Association, Community Development Trust or Board of Trustees, Town Unions (including Town Unions of other ethnic nationalities in Nigeria resident within Delta State) or any other group as may be constituted for the purpose of advancing communal development or communal interests whether registered under the Companies and Allied Matters Act or not and operating in Delta State; "Communities " means all ethnic nationalities in Delta State; "Commissioner" means the Commissioner in charge of the Ministry of Women Affairs, Community and Social Development; "Court " means Courts of Delta State; "Ethnic Nationality/Nationalities" means the various ethnic groups indigenous to Delta State or persons from other ethnic groups in Nigeria resident within Delta State; "Executive Committee " means the Executive Committee or any organ created by a Community Development Association to administer or control the affairs of the CDA; "Government" means Delta State Government; "Local Government" means all Local Governments in Delta State as recognized under the Constitution of the Federal Republic of Nigeria, 1999 as altered; "Member of a Community" means any person who is a member of the community by birth or marriage; "Ministry"' means the Ministry of Women Affairs, Community and Social Development, Delta State or any other Ministry, Department or Agency in the State charged with the responsibilities of carrying out the purpose of this Law; "Person" in this Law includes persons, group of persons or body corporate where the context so admits; "Swearing-in Ceremony " means the formal inauguration and administration of oath of office by elected members of the CDA Executive Committee to be organized by the CDA and supervised by the Ministry; "State " means Delta State of Nigeria.

3. Regulations of CDA. From the commencement of this Law, the operations and leadership structures of all Com- munity Development Associations in the State shall be regulated by the provisions of this Law.

4. Powers of the Ministry. The Ministry or any other office designated for that purpose shall be responsible for the management, control and regulation of the activities of all CDAs in the State and shall have powers to formulate necessary guidelines and issue directives for their operations.

5. Registration of CDAs. Notwithstanding their registration with any other regulatory body in Nigeria, it is mandatory for all CDAs operating within the State to be registered with the Ministry or any other Office charged with the responsibility for such registration.

6. Application for Registration. From the commencement of this Law, all CDAs in the State shall register with the Ministry in line with the provisions of this Law.

7. Requirements for Registration of CDAs. In accordance with the provisions of Section 5 of this Law and in addition to any other condition(s) as may be stipulated by the Ministry, the CDA shall upon application for its registration submit the following to the Ministry: (a) certificate of registration with CAC if any; (b) a copy of the Constitution, Bye-Laws or Articles of Association of the CDA; (c) a list of the names of the elected Officers or Board of Trustees of the CDA stating their full names, addresses, positions in the Executive Committee or Board of Trustee, the date of their election into office, the date of expiration of tenure of office and any other relevant information; and (d) any other document as may be required by the Ministry in its guidelines for registration.

8. CDA to operate with Constitution. All CDAs shall have approved set goals and objectives and operate with a written Constitution, Bye-law or Articles of Association which shall contain provisions clearly stipulating the roles, responsibilities or duties and tenure of office of members of its Executive Committee and any CDA that operates without a clearly defined goals and objectives and a written Constitution or Bye-Law shall not be registered by the Ministry.

9. Structure and Tenure of Office of CDA Executive Committees. Notwithstanding anything to the contrary contained in the Community Development Association's Constitution, Bye-Laws, Articles of Association or any other regulatory instrument relating thereto, the structure and tenure of office of the Executive Committee of the CDA shall be in accordance with the following provisions: (i) all Executive Committee positions shall be filled by election into such office. The election shall be conducted at least 3 (three) months before the expiration of the tenure of that office; (ii) all positions in the Executive Committee of any CDA shall be rotated amongst the Families, Clans or Quarters making up the community; (iii) no family, Clan or Quarter in a Community shall hold on to office in perpetuity to the exclusion of other members of the Community; (iv) all officers of the CDA shall hold office for a period of three (3) years and may be re- elected for another term of three years and no more.

10. Qualification for holding elective Office in a CDA. (1) In addition to any other qualification contained in the Community Development Association's Constitution, Bye-Law or Articles of Association of a CDA, any person who shall hold office in the Executive Committee of the CDA shall: (i) be a member of the Community (ii) be a person of proven integrity; (iii) possess a minimum educational qualification of Senior Secondary School Certificate or its equivalent; (iv) not be bankrupt; (v) not be convicted of any criminal offence by a court of law; and (vi) not be of unsound mind or incapable of discharging the functions of that office. (2) Where any person is erroneously elected into office, without satisfying the qualification in sub section (1) of this Section, such person shall be removed from office by two third (2/3) majority of the Executive Committee of the CDA. (3) Where any elected Officer becomes bankrupt, is convicted of a felony or becomes incapable of discharging the functions of his office and the Ministry is notified, it may order the CDA Executive Committee to take necessary steps to have the person removed from Office in line with the procedure stated in subsection (2) of this Section. (4) All elected Officers of any CDA shall be formally sworn in at a ceremony to be supervised by Officers from the Ministry who shall issue a certificate of recognition to each of the elected Officers stating the term of office to be served by each of the officers. (5) Upon the removal from office of a member, in accordance with the provisions of subsections (2) and (3) of this Section, the Ministry shall withdraw the Certificate of the affected Officer. (6) No Officer of a CDA shall hold an office in the Executive Committee without a certificate of recognition issued by the Ministry in accordance with the provisions of subsection(4) of this Section.

11. Prohibition of Parallel CDA No person or group of persons shall operate a parallel or rival CDA Executive Committee besides the recognized Executive Community duly sworn in and certified by the Ministry in accordance with the provisions of subsection (4) and (5) of Section 10 of this Law.

12. Offences and Penalties. Any person who contravenes any of the provisions of this Law shall be liable to punishment as prescribed below: (i) any person who contravenes the provisions of Section 5 of this Law commits an offence and is liable upon conviction to a minimum fine of N500,000.00 (Five Hundred Thousand Naira) or 2 (two) years imprisonment or both. (ii) any person who operates or is a member of an Executive Committee of an unregistered CDA commits an offence and is liable upon conviction to a fine of N250,000.00 (Two Hundred and Fifty Thousand Naira) or 1 (one) year imprisonment or both. (iii) any person who holds office without a certificate of recognition issued by the Ministry in line with provisions of Section 10, subsections(4) and (5) of this Law commits an offence and is liable upon conviction to a fine of N250,000.00 (Two Hundred and Fifty Thousand Naira only) or 1 (one) year imprisonment or both.

13. Notice of end of Tenure and Election. All CDAs shall give notice of the end of tenure of its Executive Committee and proposed date of election of new officers to the Ministry at least 6 months to the expiration of the term of office of serving Executive Committee.

14. Jurisdiction over Offences. The Magistrate Courts shall have jurisdiction over matters arising from the application of this Law.