Delta State Security Trust Fund (amendment) Law, 2016

DELTA STATE SECURITY TRUST FUND (AMENDMENT) LAW, 2016

1. Short Title and Commencement. This Law may be cited as the Delta State Security Trust Fund (Amendment) Law, 2016 and shall come into force on the 19th day of April, 2016.

2. Interpretation. The Delta State Security Trust Fund Law, 2013 (in this Law referred to as the "Principal Law") is hereby amended as set out in this Law.

3. Amendment of section 2 of the Principal Law (Interpretation). Section 2 of the Principal Law, is hereby amended by deleting the interpretation of the word "House" means Delta State House of Assembly.

4. Amendment of section 6 of the Principal Law (composition of the Board). Section 6(1) of the Principal Law is hereby amended by deleting the entire "Section 6" and recasting to read as follows: 6(1) "The Board shall consist of the following persons who shall be appointed by the Governor on part time basis: (a) a Chairman, who shall not be less than 45 years of age and shall be a person of impeccable character, with relevant academic qualification with at least 10 years cognate experience; (b) two members with relevant academic qualifications, one each to be appointed from the other two Senatorial districts of the State, other than that of the Chairman; (c) three members appointed from the private sector to represent the business and financial community; (d) a representative each of the following security agencies operating in the State. (i) the Armed Forces; (ii) the Nigeria Police; (iii) the Department of State Security Services (iv) the Nigerian Civil Defence Corps; (v) a representative of the State Vigilante Group; and (vi) a representative of the Local Government Council Chairmen; (e) Notwithstanding the provisions of subsections (a) - (d) of this section the Executive secretary shall be a member of the Board".

5. Amendment of section 7 of the Principal Law (Tenure of Office). Section 7 of the Principal Law is hereby amended by inserting the words "for another term only" immediately after the words "re-appointment” in line 2.

6. Amendment of section 8 of the Principal Law (Remuneration). Section 8 of the Principal Law is hereby amended by inserting the word "similar" immediately after the words "applicable to" in line 2.

7. Amendment of section 11 of the Principal Law (Source of funds). Section 11(1) of the Principal Law is hereby amended by deleting the entire subsection and substituting a new subsection 11(1) to read as follows: "11(1) The Board shall have power to raise funds through: (i) Contribution of a minimum of 0,5% from its monthly internally generated Revenue by the State Government. (ii) Contribution of a minimum of 0.5% of the Local Government monthly Allocation by all Local Government Councils in the State".

8. Amendment of section 12 of the Principal Law (Appointment of the Executive Secretary). Section 12(1) and (2) of the Principal Law is hereby amended as follows: "12 (1) by deleting the entire subsection (1) and inserting a new subsection to read: There shall be for the fund an Executive Secretary who shall: (a) be appointed by the Governor on such terms as to emolument and conditions of service as applicable to similar Boards in the State; (b) be a person with relevant academic and professional qualification; (c) have a good knowledge of administration; (d) be the Chief Executive and Accounting Officer of the Fund. (2) by deleting the words "of Trustees" immediately after the word "Board". (i) by inserting a new subsection (d) to read "the general direction and control of all other employees of the Fund; (ii) Renumbering the former (d) as (e)".

9. Amendment of section 13 of the Principal Law (Appointment of other staff/Consultant). Section 13 of the Principal Law is hereby amended by deleting the words "of Trustees".

10. Amendment of section 14 of the Principal Law (Meetings of the Board). Section 14 (3) of the Principal Law, is hereby amended by deleting the words "Seven (7)" and substituting the words "Five (5)" thereof.

11. Amendment of section 16 of the Principal Law (Bank Account and Audit Report). Section 16 subsections (2) and (3) of the Principal Law is hereby amended by deleting the entire subsections, and substituting new subsections to read as follows: "16 (2) the Board shall cause to be prepared not later than 30th day of September in each year an estimate of the Income and Expenditure of the Fund during the next succeeding year and when prepared, they shall be submitted to the State Ministry of Economic Planning. (3) the Board shall cause to be kept proper accounts of the Fund and proper records in relation thereto and when certified by the Board, the accounts shall be audited by Auditors appointed by the Board from the list and in accordance with the guidelines supplied by the Auditor-General of the State".

12. Amendment of section 17 of the Principal Law (Annual Report of Activities). Section 17 of the Principal Law is hereby amended by deleting the entire section 17 and recasting it to read as follows: "17. The Board shall not later than six (6) months immediately following the end of the year, submit to the Auditor-General through the Executive Secretary, a report on the activities and the administration of the Fund during the immediate preceding year and shall include in the report the audited accounts of the Fund and the auditor's report on the accounts".