Delta State Sports Commission Law, 2007

1. Short title and Commencement. This Law may be cited as the Delta State Sports Commission Law, 2007 and shall come into force on the 6th day of December, 2007.

2. Interpretation. In this Law, “amateur” means any person who - (a) participates in sports for pleasure and for the physical, mental or social benefits derived therefrom and for whom participation in sports is without material gam; and (b) is recognized by the Commission either individually or as a member of a club or section of the public to be an amateur in that Sport for the purpose of this Law; “appropriate authority” means the Governor of Delta State of Nigeria; “Chairman” means the Chairman of the Commission appointed in accordance with section 4 (1) of this Law; “Commission” means the Delta State Sports Commission established by virtue of section 3 of this Law; “Director-General” means the Director-General appointed pursuant to sections 4 (1) (b) and 6 (1) of this Law; “function” includes powers and duties; “House” means Delta State House of Assembly; “Member” means a Member of the Commission appointed pursuant to section 4(1) (c) of this Law; “Misconduct” means breach of the Oath of Allegiance or Oath of Office of a member or breach of the provisions of the Constitution of the Federal Republic of Nigeria 1999 or a misconduct of such nature as amount to bribery or corruption or false declaration of assets and liabilities. “State" means Delta State of Nigeria; “Sports” includes any game or recreational activity approved by the Commission for the purpose of this Law; “Secretary” means Secretary to the Commission appointed in accordance with section 6 (1) of this Law; “Zonal Sports Offices” means bodies established in each of the three Senatorial zones of Delta State with responsibility for sports within each zone and recognized as such by the Commission; “Local Government Sports Offices” means bodies established at Delta State Local Government Areas with responsibility for sports within each local government area and recognized as such by the Commission.

3. Establishment of the Commission. (1) There is hereby established for the State a body to be known as Delta State Sports Commission. (2) The Commission shall be a body corporate with perpetual succession and common seal and have power to sue and be sued in its corporate name and to acquire, hold and dispose of movable and immovable property for the purpose of its functions under this Law. (3) The Commission shall control and manage its funds under section 9 of this Law.

4. Membership of the Commission. (1) The Commission shall consist of the following members:- (a) The Chairman, who shall be the Chief Executive Officer (CEO) of the Commission; (b) The Director-General, (c) One member each from the three senatorial districts to serve on full time basis. (2) The Chairman and the members of the Commission shall be appointed by the Executive Governor of Delta State, subject to the confirmation of the House. (3) A member of the commission shall hold office for a period four years and may be re- appointed for another term of four years only. [Tenure of Office.] (4) A member of the Commission other than the Chairman, shall by notice in writing addressed to the Governor through the Chairman, resign his office and unless the Governor rejects the notice, that member shall, on the day of the receipt of the notice by the Governor, cease to be a member. [Resignation by member.] (5) The Chairman may resign his membership by notice in writing to the Governor and unless the Governor rejects the notice, the Chairman shall, on the day of the receipt of the notice by the Governor, cease to be a member. [Resignation by Chairman.] (6) The provisions of the schedules of this Law shall have effect with respect to the Law and procedure of the Commission and other matters mentioned therein. [Effects of the Schedule.] (7) Without prejudice to sub-sections (1) to (6) of this section, the Chairman or any member of the Commission shall be removed from office by the Governor for inability to discharge the functions of his office (whether arising from infirmity of mind or body), misconduct or any other cause. [Removal from office.] (8) The remuneration and allowances of the Chairman and Members other than ex- officio members shall be such remuneration and allowances as applicable to the Civil Service Commission of the State, provided that ex- officio members may be paid sitting allowances as may be prescribed from time to time by the Governor. [Remuneration of Chairman and mem ben other than ex-officio members.]

5. Functions of the Commission. (1) The functions of the Commission shall be:- (a) to encourage participation and assist in the improvement of standards of performance of sportsmen in all forms of sports; (b) to encourage and assist mass participation in all forms of sports; (c) to ensure that all stadia in the State are available for competitions on request, subject to compliance with such conditions for hiring the stadium, as may be laid down by the Commission. (2) Without prejudice to the general provisions of section 5 (1)(c) it shall be the duty of the Commission to: - [Specific duty of the Commission.] (a) advise the Government on matters of policy with respect to the promotion of sports in Delta State; (b) work in close co-operation and hold consultations with the Local Government Area Sports Committees and Governing Bodies of Sports in matters relating to sports; (c) raise funds from time to time for the purpose of development and promotion of sports in the State; (d) maintain and run all government owned Sports Stadia and facilities and also provide other government sporting facilities all over the State and carry out repairs on them when necessary; (e) carry out improvements on every government owned Stadium and sporting facilities in the State; (f) have proper custody of all sports equipment owned by the Commission and make them available for training and competitions on request; (g) manage and maintain ail hostels and meal houses provided in any government owned Stadium/Sporting facilities together with the car parks and other annexes to the Stadium or such sporting facilities; (h) take charge of the printing and sale of gate tickets for the competitions and determine, where applicable, the proportion of gate intake that shall be payable to sponsors of competitions; (i) supervise the overall control of revenue and expenditure of every government owned Stadium and sports facilities.

6. Director- General and Secretary to the Commission. (1) There shall be a Director-General who shall be the Secretary of the Commission and shall: (a) be the Administrative Head and Accounting Officer of the Commission; (b) carry out the day to day activities of the Commission; (c) subject to the general direction of the Commission, have disciplinary control over staff; (d) carry out such other duties as may be directed from time to time by the Chairman. (2) The person to be appointed as Director-General shall be a Public/Civil Servant of the grade of Permanent Secretary with a sports background. (3) Notwithstanding sub-section (1) of this section, the Director-General may delegate any staff of the Commission to act as the Secretary to the Commission either generally or in any special case. [Power to Delegate.] (4) Any person so delegated pursuant to sub-section (3) of this section, shall not be entitled to vote on any election before the Commission and such a staff should not be on a salary lower than grade level 12 [Disenfranchisement of a delegate.]

7. Staff of the Commission. (1) The Commission shall commence with a pool staff of the Department of Sports Development of the former Ministry of Youth and Sports Development and the Delta "State Sports Council. (2) The Commission shall have power: [Power to employ and determine re numeration and Conditions of service and allowances.] (a) subject to the approval of the Governor to employ directly, in line with the Civil Service procedures for recruitment, such number of staff as it may require; (b) to determine the remuneration, grading and other terms and conditions of service of staff and shall ensure that such remuneration, grading and other terms and conditions are kept broadly in line with those applicable to Delta State Civil Service; (c) to second from any Civil or Public department of the State, such number of employees to assist the Commission in the discharge of any of its functions under this Law; (3) Persons employed by the Commission shall in respect of their service in the Commission be entitled to pensions, gratuities and other retirement benefits as obtain in the Civil Service of the State; [Pensionable Service.] (4) Nothing in the foregoing provisions of this section shall prevent the appointment of a person to any office on terms and conditions which preclude the grant of pension and gratuity in respect of that office. [No appointment Shall be scaled.] (5) Staff of the Commission shall be as prescribed in Schedule I of this Law. (6) The Departments in the Commission shall be as prescribed in Schedule II of this Law.

8. Regularity of Meetings. (1) The Commission shall meet for the conduct of its business at such times, places and on such days as the Chairman may appoint bat shall meet not less than twice a year and not more than once a quarter. (2) The Chairman may at any time call special meetings of the Commission and shall do so on being requested in writing by at least three members of the Commission. [Convening of Special meetings.] (3) Particulars of the business to be transacted at any meeting " (hall be circulated to members with the notice of the meeting. [Circulation of particulars for the meeting.] (4) (a) Every question put before the Commission at meetings shall be decided by a majority of votes of the members present and voting. [Decision to be by Majority of votes out.] (b) The Chairman shall, at any meeting, have a vote and in the case of an equality of votes, may exercise a casting vote. (5) The Chairman or the presiding member shall, at any meeting, have an original vote but in the case of an equality of votes, shall exercise a casting vote to decide an issue. [Presiding officer.] (6) The Chairman shall preside at all meeting of the Commission, but if he is absent from nay Meeting of the Commission, the members present shall elect one of their members to preside at that meeting. [In The Absence Of The Chairman Any Member shall preside.] (7) Four members of the Commission shah form a quorum. [Quorum.] (8) The validity of any proceeding of the Commission shall not be affected by any vacancy among the members or any defect in the appointment of a member, provided a quorum is formed. [Vacancy or Deflect in Appointment shall not invalidate proceedings.] (9) Subject to the provisions of the Law, the Commission may make standing orders with respect to the bolding of meetings, the nature of notice to be given, the proceeding? thereat, the keeping of minutes of such proceedings, the custody and production for inspection of such minutes. [Standing orders.]

9. Funding of the commission. The fends and resources of the Commission steal consist of: (1) such sums of money as may be provided by the State Government; [Money from State Govt.] (2) such sums of money as may be borrowed by the Commission in accordance with the provisions of this Law; [Money borrowed.] (3) all sums of money collected or received from ether nectars and philanthropists by the Commission mention of its functions under this Law; and [Money from other sectors.] (4) all other sums of money or property of whatever kind, which may in any manner become payable to or vested in the Commission. [Money or property payable or vested in the Commission.] 5) Subject to the approval of the appropriate authority, the Commission may, for the purpose of giving effect to this Law, borrow such sums of money as it may require in the exercise of its functions under this Law. [Borrowing power.]

10. Keeping proper Accounts. The Commission shall keep proper account in a form that shall conform to satisfactory commercial standard of its receipts, payments, credits and liabilities and shall submit the acme from time to time with vouchers to be audited by the AndMur- General of the State; or other external Auditor as may be recommended by the Auditor-General of the State.

11. Submission of Report on or before 31st March. (1) The Commission shall in each year prepare and present to the Appropriate Authority, a report of its activities ending on the 31st of December of such year on or before 31st March of the succeeding year. (2) The Commission shall, as soon as may be before the end of every financial year, prepare and submit to the appropriate Authority for approval estimates of its proposed revenue and expenditure to respect of the financial year next following, commencing from the 1st day of January to the 31st day of December of the same year. [Submission of estimate.]

12. Sports Governing Bodies Schedule III. (1) There is hereby established for the State such number of Governing Bodies of Sports as are listed in Schedule III of this Law and the Appropriate Authority may on the recommendation of the Commission by notice in the State Gazette add to or delete from the said list. (2) Members of each governing body of sports shall be appointed by the Appropriate Authority on the recommendation of the Commission and, subject to the pleasure of the Appropriate Authority, shall hold office for a period of three years and be eligible for re- appointment for another term of three years only. [Appointment of members to Governing bodies of sport.]

13. Responsibility for Planning, organization and administration. Every Governing Body of Sports shall: - (a) be responsible for the planning, organization and administration of the kind of sports for which it is established in the State; (b) promote the unity and physical well-being of the people of the State through sports; [Promotion of Unity.] (c) recommend sports facilities and equipment for use in connection with the sports aforesaid; [Recommendation of sports activities.] (d) advise on the training and employment of coaches; [Advice on training.] (e) draft its own rules and regulate its own proceedings by means of standing orders or otherwise; [Drafting of rules.] (f) keep such proper books of accounts as may be prescribed by the Commission; [Keep books of accounts.] (g) submit its annual programme and estimates to the Commission; [Submission of programmes and estimates.] (h) render annual report to the Commission; [Rendering of annual report.] (i) carry out and give effect to such general or specific directives consistent with the State policy on sports as the Commission may give from time to time. [Giving effect to general or Specific directive.]

14. Governing Bodies Autonomous. All Governing Bodies of sports shall be autonomous in the carrying out of their respective functions as the Commission may specify from time to time subject to such restrictions, limitations and control as the Commission may from time to time impose.

15. Load Government Area Sports Committee. (1) There shall be established for each local government area in the State a Committee to be known as the Local Government Area Sports Committee (hereinafter called “the Committee”). (2) Every Local Government Area Sports Committee shall be set up by the Chairman of the Local Government Council. The Committee shall consist of the following members, one of whom shall be the Chairman: [Members of the Committee.] (a) The Chairman. (b) The Supervisory Councilor in charge of sports matters (c) The Head of Personnel Management (HPM); (d) The representative of the Ministry of Education in the local government area; (e) One representative of the Security Agencies in the local government area; (f) Three other fit and proper persons who have actively identified themselves with sporting activities in the local government area, who shall serve on part-time basis at the pleasure of the Chairman of the Council; (g) A representative of the Commission in the Local Government Area who shall serve as the Secretary. (3) The sitting allowances of members of the Committee shall be fixed by the Chairman of the Council from time to time. [Committee sitting Allowance.]

16. Functions of Local Government Area Sports Committee. The functions of the Local Government Area Sports Committee shall be: - (a) to encourage, develop, promote, organize and sustain sports sad recreational activities in the Local Government Area; (b) to render advice to the Commission on matters within the Commission competence; and [Advice to the Commission.] (c) generally to assist the Commission and the Governing Bodies of sports to achieve their respective objectives. [Assist the commission.]

17. Furnishing of information and returns by Commission. (1) The Commission shall furnish the Appropriate Authority such information and returns relating to its activities or proposed activities as the Appropriate Authority may from time to time require. (2) The State Government may give to the Commission general or specific directions as to the policy to be followed in the exercise of its powers or performance of its functions and the Commission shall comply with and give effect to all such directions. [Giving directions to the Commission by Government.]

18. Contract not under seal. (1) Any contract or instrument which if entered into or executed by a person not being a body corporate would not be required to be under seal may be entered into or executed on behalf of the Commission by any person generally or specifically authorized by it for that purpose. (2) Any member of the Commission or of a Committee thereof, who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Commission or the Committee, shall forthwith disclose his interest to the Commission or the Committee and shall not vote on any question relating to such contract or arrangement [Disclosure interest in Contract.]

19. Use of common seal subject to Duty passed Resolution. (1) The common seal of the Commission shall not be used or affixed to any document except in pursuance of a resolution duly passed at a property constituted meeting of the Commission and recorded m the minutes of the meeting. (2) The fixing of the acai of the Commission shall be authenticated by the signature of the Chairman or some other member authorized generally or specifically by the Commission to act for that purpose. [Authentication of seal by Chairman.] (3) Any document purporting to be a document duly executed under the seal of the Commission shall be received m evidence and shah, unless the contrary is proved, be deemed to be so executed. [Document to be received in evidence.]

20. Repeal and Savings. (1) Where a vacancy occurs in the membership of the Commission, that vacancy shall be filled by the appointment of a successor to hold office for the remainder of the term of office of his predecessor, so however that the successor shall represent the same interest and shall be appointed by the same authority as his predecessor. [Vacancy.] (2) The Commission may act notwithstanding any vacancy in its membership or any defect in the appointment of a member or the absence of a member.

21. - The Delta State Sports Council and Development of Sports Fund Law is hereby repealed without prejudice whatever to anything, matter or act done in pursuance or under it. Schedule 1 DELTA STATE SPORTS COMMISSION LAW, 2007 STAFF DESCRIPTION OF THE COMMISSION (SECTION 7(5)

4. Administrative Officers/Administrative Assistants

6. Internal Auditors and Audits Assistants

7. Stadium Manager and Stadium Assistants

9. Media and Public Relation Officers and Information Officers/Assistants

10. Organizing Secretaries and Organizing Assistants

13. Programme Athletes (Sports Men & Women)

15. Medical Officers, Paramedical Officers and Assistants .

16. Executive Officer (General Duties Accounts and Audit) "

17. Stores Officers and Stores Assistants

18. Marketing Officers and Marketing Assistants

19. Secretaries and Confidential Secretaries and Assistants

20. Data Base Managers, Information Technology Officers and Assistants

21. Data Processing Officers and Data Processing Assistants

25. Plant Operators/Electricians and Assistants

26. Works/Transport Officers, Drivers/Mechanics

32. Stadia and Swimming Pool Officers, Technicians and Attendants; Craft Men and Artisans

33. Other Technical Officers and Technicians

34. Hostel Managers and Hostel Assistants; and Porters

38. Others Officers and Assistants not immediately identified Schedule 2 DELTA STATE SPORTS COMMISSION LAW, 2007 DEPARTMENTS (SECTION 7(6)

7. Information and Public Relations Department Schedule 3 DELTA STATE SPORTS COMMISSION LAW, 2007 SCHEDULE OF CURRENT SPORTS ASSOCIATIONS (SECTION 12(1)

1. Delta State Amateur Archery Association.

2. Delta State Amateur Athletics Association.

3. Delta State Amateur Badminton Association.

4. Delta State Amateur Baseball/Softball Association.

5. Delta State Amateur Basketball Association.

6. Delta State Amateur Billiard/Snooker Association.

7. Delta State Amateur Boxing Association.

9. Delta State Amateur Cricket Association.

10. Delta State Amateur Cycling Association.

11. Delta State Amateur Darts Association.

12. Delta State Amateur Football Association.

13. Delta State Amateur Golf Association.

14. Delta State Amateur Gymnastics Association.

15. Delta State Amateur Handball Association.

16. Delta State Amateur Hockey Association.

17. Delta State Amateur Judo Association.

18. Delta State Amateur Karate Association.

19. Delta State Amateur Kickboxing Association.

20. Delta State Amateur Kungfu Association.

21. Delta State Amateur Rowing Association,

22. Delta State Amateur Rugby Association.

23. Delta State Amateur Scrabble Association.

24. Delta State Amateur Shooting Association.

25. Delta State Amateur Special Sports Association.

26. Delta State Amateur Sports for All Nigerians Association.

27. Delta State Amateur Sports Medicine Association.

28. Delta State Amateur Squash Racket Association.

29. Delta State Amateur Swimming Association.

30. Delta State Amateur Taekwondo Association.

31. Delta State Amateur Table Tennis Association.

32. Delta State Amateur Tennis Association.

33. Delta State Amateur Traditional Sports Association.

34. Delta State Amateur Volley Ball Association.

35. Delta State Amateur Weightlifting Association.

36. Delta State Amateur Wrestling Association.