Recovery of Public Property and Debts Owed to Delta State Government (task Force) Law

RECOVERY OF PUBLIC PROPERTY AND DEBTS OWED TO DELTA STATE GOVERNMENT (TASK FORCE) LAW

1. Citation. This Law may be cited as the Recovery of Public Property and Debts owed to Delta (State Government (Task Force) Law.

2. Interpretation. In this Law, unless the context otherwise requires- "Chairman" means the Chairman or the Task Force; "debts" include monies owed to the Government, its parastatals, companies, organisations whether private or commercial, in which the Government has any share, balance of unfulfilled contractual obligations with the Government or other public bodies, persons, institutions, companies and local government councils; "Governor" means the Governor of the Delta State of Nigeria; "member" means a member of the Task Force; "monies" mean all monies owed to Government owned companies, parastatals, and ministries; "public property" includes all property of whatever nature where the Government has any interest whether adjudged or not and includes acquired or misappropriated; "State" means Delta State of Nigeria; "Task Force" means the Task Force on recovering public property and debts.

3. Establishment and composition of Task Force. (1) There is hereby established for the State a task force to be known as the Task Force on the Recovery of Public Property and Debts. (2) The Task Force shall consist of the following members- (a) a Chairman who shall be a retired judge of the High Court; (b) a serving public officer not below the rank of Assistant Superintendent of Police; (c) two other persons from the Civil Service, one of whom shall have accounting knowledge; and (d) a legal officer not below the rank of a Senior Legal Officer appointed by the Honourable Attorney-General who shall be the Secretary and shall see to the day to day running of the Task Force.

4. Appointments. The Chairman and the other members except the Secretary shall be appointed by the Governor.

5. Functions. The functions of the Task Force shall be- (a) to recover all monies owed to Government owned companies, parastatals and ministries, by individuals, companies and group of persons within and outside the State; (b) to recover monies owed to Government by contractors arising from the inability of such contractors to execute contracts of which Government had advanced payments; (c) to ensure that all monies recovered are paid into a bank account opened for that purpose by the Accountant-General or the appropriate Government department that is owed the money; (d) to recover all Government property and reputed property in private hands or use without proper prior official approval; and (e) any other duties as may be assigned to it from time to time.

6. Powers. The Task Force shall have powers- (a) to enter the premises of any person or company at any time to demand money owed to Government; (b) to invite any person, director of any company or group of persons to demand money owed to Government; (c) to recommend to the Attorney-General of the State to take appropriate legal action to recover monies and property due to Government; (d) to seize the property of any person, company or director of a company to ensure that such monies are paid; (e) to enter and recover to Government premises, all Government and reputed Government or public property in private hands or use without prior proper official approvals; and (f) to do such other legal things as in its opinion are necessary for the proper discharge of its functions: Provided where property is seized in default of payment such property shall be kept at the owner’s risk and expenses for 30 days at any safe place decided by the Task Force and such property shall be sold by public auction to recover the said debt and expenses of storage and sale, without further notice to the debtor.

7. Statutory notice. The provisions to section 6 above shall not apply unless 30 days written notice of the amount owed by the debtor has been given or deemed given to him in accordance with Schedule One of this Law and such notice shall be sufficient once delivered to any member of the debtor’s family, business partner, employee, director, or pasted in the last known address on record of the established owned provided that the Task Force in its discretion may advertise such demand notice in a national newspaper and the cost of such publication shall be added to the debt owed.

8. Meeting/Quorum. (1) The Task Force shall meet as often as may be expedient for the transaction of business and such meetings shall be held at such places and times as the Chairman may decide. (2) Three of the members shall form a quorum. (3) The Chairman shall preside at all meetings of the Task Force at which he is present and in his absence the Secretary shall preside.

9. Tenure. The members shall hold office at the pleasure of the Governor.

10. Staff. The Governor may assign to the service of the Task Force such other staff in the Civil Service of the State or other persons as the Task Force may at any tithe require for the effectual carrying out of its functions under this Law.

11. Immunity. The members of the Task Force shall not be liable for their acts, or omissions in the execution or purported execution of their duties and functions under this Law.

12. Obstruction of the Task Force. No action shall lie in any court of Law as a result of any act or omission in the execution, intended or purported execution of this Law and anything to the contrary in any Law shall be read subject to this section.

13. Offence. Any person who obstructs, assaults any member of the Task Force or impedes the smooth operation of the Task Force shall be liable on conviction to a fine of five thousand naira or 12 months’ imprisonment or to both such fine and imprisonment.

14. Charge. Any person, organisation or company charged under section 13 above shall be liable by the nearest court to the place where the alleged offence was committed notwithstanding anything to the contrary in any other enactment, that no such charge shall be filed without the written endorsement of the Honourable Attorney-General of the State.