Delta State Security Trust Fund Law

DELTA STATE SECURITY TRUST FUND LAW

1. Short Title and Commencement. This Law may be cited as the delta state security trust fund law and shall come into force on the 5th day of December, 2013.

2. Interpretation. In this Law, unless the context otherwise requires; “Attorney-General” means the Attorney-General of Delta State of 'Nigeria: “Board” means the Delta State Security Trust Fund Board of Trustees; “Chairman” means the Chairman of the Board; “Corporate Organisation” means any business concern registered with the Corporate Affairs Commission operating within the State. "Employee '' means any person who is employed under any contract of service or apprenticeship with the employer whether contract is express, implied, oral or in writing, "Fund'’ means Delta State Security Trust Fund Established by this Law; “Governor" means the Governor of Delta State of Nigeria; “House " means the Delta State House of Assembly; “State " means Delta State of Nigeria “Trustees" means Members of the Board.

3. Establishment of the Delta State Security Trust Fund. There is hereby established a fund to be known as the Delta State Security Trust Fund which shall be the depository of all monies received under this Law.

4. Objectives of the Fund. (a) The objectives of the fund shall be to provide assistance to all Security Agencies operating in the State and other such related agencies when necessary. (b) such human, material and financial resources as shall be found necessary for the effective functioning of all Security Agencies in the Slate and other related agencies. (c) Part of the fund shall be reserved for the training and retraining of Security Personnel.

5. Establishment of Board of Trustees. (1) There is hereby established a Board of Trustees to be known as the Delta State Security Trust Fund Board of Trustees (referred to in this Law as the Board). (2) The Board shall - (a) be a body corporate with perpetual succession and a common seal; (b) have power to sue and be sued in its corporate name: and (c) be capable of holding, purchasing, acquiring and disposing of any property moveable and immovable.

6. Composition of the Board. (1) The Board shall consist of the following: (a) A Chairman who shall not be less than 45 years of age and shall be j a person of impeccable character, with relevant academic qualification with at least 10 years cognate experience to be appointed by the Governor subject to the confirmation by the House. (b) The Chairman shall have executive powers (c) Three members with relevant academic qualifications, one each appointed from the three senatorial districts of the State subject to the Confirmation of the House. (d) Three members with relevant academic qualifications appointed from the private sector to represent the business and financial community' subject to the confirmation of the House. (e) a representative of the following agencies operating in the State:- (i) The Nigerian Army; (ii) The Nigerian Navy; (iii) The Nigerian Air force; (iv) The Nigeria Police Force; (v) Department of State Security'; (vi) Nigerian Civil Defence Corps; and (vii) related agencies established by the House

7. Tenure of office. The Chairman and members of the Board shall hold office for a term of four years and may be eligible for re-appointment for four years.

8. Remuneration. The Chairman and other members of the Board shall be paid such remunerations, salaries and allowances as applicable to Boards in the State.

9. Cessation of Membership. (1) The Chairman or a member of the Board shall cease to hold office if he: (a) resigns his appointment by giving one month notice in writing to the Governor. (b) becomes of unsound mind; (c) becomes bankrupt; (d) is convicted of a felony or any offence involving dishonesty; (e) is guilty of gross misconduct in relation to his duties; (2) The Chairman or any member of the Board may be removed from office by the Governor if he is satisfied that it is not in the interest of the Fund or the interest of the public that the Chairman or such a member should continue in office.

10. Functions of the Board. The Functions of the Board shall be to:- (a) manage the fund established under this Law and all other properties that may from time to time be vested in it for the benefit of the people of Delta State; (b) procure and maintain equipments, that is necessary for carrying out the objectives of the Fund. (c) establish and maintain a central logistics base. (d) take out and maintain all such policies of insurance as it may deem expedient for the protection of the Fund’s property. (e) The Board shall have the discretion to determine the appropriate allocation of Trust Funds and property among security' agencies operating in the State and to exercise its powers in such manner as it deems fit towards achieving any of its objectives under the Law.

11. Sources of Fund. (1) The funds of the fund shall be: (i) The State Government shall contribute 1% from its internally generated revenue monthly to the fund (ii) 1% of the Local Government Allocation by all local Government Councils in the State as contribution. (2) Notwithstanding the provisions of subsection (1) above, the Board shall have power to raise monies for the Fund through grants, donations and levies from government agencies, corporate organizations and the general public. (3) The Board shall have power to delineate the State unto urban, rural and semi rural areas. (4) The Board shall have power to delineate the corporate organisations operating in the State into categories A, B and C where the categories are defined in the schedule to this Law.

12. Appointment of Secretary. (1) There shall be a secretary to the Fund who shall not be below the rank of a Permanent Secretary to be appointed by the Governor. (2) The Secretary shall, subject to the general direction of the Board of Trustees, be responsible for - (a) the day-to-day administration of the Fund: (b) the administration of the secretariat of the Board; (c) keeping the books and proper records of the proceedings of the Board; and (d) any other duties that may be assigned to him by the Chairman from time to time.

13. Appointment of other staff/consultant. (1) The Board of Trustees shall have power to - (a) employ either directly or on transfer or secondment from the State Civil Service such number of employees as may in the opinion of the Board be required to assist the Board in the discharge of their functions under this Law, and (b) pay to persons so employed such remunerations and allowances as may be approved by the Governor on the recommendation of the Board. (2) Employees in the Fund shall be entitled to pension, gratuities and other retirement benefits as are enjoyed by persons holding equivalent grades in the Civil Service of the State. (3) Nothing in subsection (2) above shall prevent the appointment of a person to any office on term, which preclude the grant of pension and gratuity' in respect of that office. (4) The Board may also appoint consultants or enter into contracts, as it deems necessary for the efficient performance of its functions under this Law.

14. Meetings of the Board. (1) The Board shall meet at least once in a month and extraordinary meetings may be convened in case of exigencies. (2) The Chairman may convene as many meetings of the Board as he considers necessary for efficient conduct of its affairs; provided that the Chairman or, in his absence, a member appointed from among the trustees shall preside at such meeting. (3) A minimum of seven members shall form the quorum for a meeting. (4) Any issue arising at a meeting of the Board shall be determined by a majority of the votes of the members present and voting. (5) The person presiding has a deliberative vote and, in the event of an equality of votes on any issue, a casting vote. (6) Subject to this Law, the Board may regulate its own proceedings.

15. Declaration of interest. (1) If a member has any interest in a mailer under consideration or is about to be considered in the course of performing his duties as a member, he shall as soon as practicable after the relevant facts have come to his knowledge declare the nature of the interest to the Board. (2) Unless the Board by a simple majority of members present and voting otherwise directs, if a member has made a declaration under this section, the member shall not take any further part in any decision in relation to the matter. (3) A member who fails to comply with subsection 1 and 2 of this section shall be in violation of this Law and shall cease to be a member of the Board. (4) A failure to comply with this section may not affect the validity of any act or decision of the Board.

16. Bank account and Audit report. (1) Bank Account- (a) the Fund shall maintain an account in any reputable bank as may be approved by the Board. (b) the signatories to the account shall be- (i) the Secretary; and (ii) the Head of Finance (c) the Board shall keep proper accounts and records in relation to ail its transactions in conformity with standard accounting practice. (2) Audit The board shall- (a) cause to be prepared not later than 31st day of October in each year, an estimate of income and expenditure of the Fund. (b) cause the account to be audited annually by external auditors appointed by the Board from a list of approved auditors provided by the Auditor-General of the State. (c) submit to the Auditor-General and the House a: (i) copy of the audited account of the Board; (ii) copy of the general report and full report of the external auditor; (iii) Detailed report of the state of affairs of the Board for the financial year ending, including a statement of the change in the general Fund arising from the activities of the Board during the year reported upon. (3) The Board shall publish its annual audited report in two national daily newspapers circulating within the State.

17. Anneal report of activities. The Board shall prepare and submit an annual report of its activities to the Governor.

18. Exemption of die fund from Tax. The Board, the Fund and its properties shall not be liable to tax by any Government or Authority in the State and contributions to the Fund shall be recognized for tax purposes as expenditure towards the sustenance of the donor's business.

19. Restriction on Execution. No execution or attachment of process shall be issued against any property vested in the Board except with prior knowledge and consent of the Attorney-General of the State. Schedule 1 DELTA STATE SECURITY TRUST FUND LAW Categories of Corporate Organizations includes but not limited to these columns: Category A: includes but not limited to Multinational Oil Companies, Construction Companies, Telecommunication Companies, Banks and other Financial Institutions, Breweries, Bottling Companies and other such companies with an annual turnover of one Billion Naira and above. Category B: '"Includes but not limited to Hotels, Eateries, Bakeries, Schools, Petrol Stations and other such corporate Organizations with an annual turnover of one hundred Million Naira and above. Category includes all other such Corporate Organizations with an annual turnover of less than One hundred Million Naira.