Special Panels (establishment) Law

SPECIAL PANELS (ESTABLISHMENT) LAW

1. Citation. This Law may be cited as the Special Panels (Establishment) Law. [No. 4 of 1985.]

2. Interpretation. In this Law, unless the context otherwise requires - “Government” includes ministries, departments of Government - local governments, statutory boards and corporations and companies in which the State Government has controlling shares; “Governor” means the Governor of the State; “State” means Delta State of Nigeria.

3. Establishment of special panels. (1) The Governor may from time to time establish such number of bodies to be known as special panels with powers to investigate, examine, probe and enquire or research into any matter connected with the operation, or conduct of the affairs and running and management of such institutions of the State Government as the Government may deem fit, and to make appropriate findings and recommendations to the Governor in relation thereto. (2) Every panel shall be established by instrument under the hand of the Governor or the Secretary to the Government and Head of Service and shall be notified for general information in the State Official Gazette or in any mass media including radio, television or daily newspapers having circulation in the State.

4. Appointment and tenure of office. (1) A panel appointed under this Law shall consist of - (a) a chairman; and (b) not less than two other members. (2) The Chairman and members of a panel shall be appointed by the Governor and shall hold office subject to the pleasure of the Governor.

5. Instrument establishing panels. The functions of a panel shall be as set out in the instrument establishing it and without prejudice to the generality of the foregoing every instrument shall include the following - (a) the composition of the panel by name or office; (b) the terms of reference of the panel; (c) the time within which the panel is to complete its assignment subject to such extension of times as may be deemed fit; (d) requirement as to findings and recommendations; (e) such other matters as the Governor may consider expedient to be included therein.

6. Panels to regulate proceedings. A panel shall have power to regulate its own proceedings and may for this purpose determine the time and place of meetings and of any adjournment thereof subject to the provisions of the instrument establishing it.

7. Power of panels. A panel shall have the following powers - (a) to procure all such evidence, written or oral, and to examine all such persons as witnesses as the panel may think it necessary or desirable to procure or examine; (b) to require the evidence (whether written or oral) of any witness to be made on oath or declaration, such oath or declaration, to be that which could be required of the witness if he were giving evidence in a court of law; (c) to summon any person in Nigeria to attend any meeting of the panel to give evidence or produce any document or other thing in his possession and to examine him as a witness or require him to produce any document or other thing in his possession, subject to all just exceptions; (d) to issue a warrant to compel the attendance of any person who, after having been summoned to attend, fails to do so, and does not excuse such failure to the- satisfaction of the panel, and to order him to pay all costs which may have been occasioned in compelling his attendance or by reason of his refusal to obey the summons; (e) to admit any evidence, whether written or oral, which might be inadmissible in civil or criminal proceedings; (f) to admit or exclude the public or any member of the public from any meeting of the panel; (g) to admit or exclude the press from any meeting of the panel; (h) to award any person who has attended any meeting of the panel, including any interpreter appointed by the panel, such sum or sums as in the opinion of the panel may have been reasonably expended by him by reason of such attendance; and (i) to enter upon any land, for the purpose of obtaining evidence or information required by, or which may be required by, or which may be of-assistance to, the panel.

8. Protection of witnesses. (1) Any person who threatens, assaults or injures any person for haying given evidence, or on account of the evidence which he has given before the panel/shall be guilty of an offence and shall be liable upon summary conviction to imprisonment for two years. (2) Any person who hinders or attempts to hinder any person from giving evidence before the panel or by threats, deters or attempts to deter any person from giving such evidence, shall be guilty of an offence and shall be liable upon summary conviction to imprisonment for two years.

9. Penalty for failure to give evidence. Any person who, being summoned to attend as a witness or produce a book, document or any other thing refused or neglects to do so or to answer any question put to him by or with the concurrence of the panel shall be liable on summary conviction to a fine of one thousand naira: Provided that no person shall be bound to incriminate himself and every witness shall, in respect of any evidence written by him for or given by him before the panel, be entitled to the same privileges to which he would have been entitled if giving evidence before a court of justice.

10. Protection of panel and members. Any person who attacks, threatens, obstructs or hinders the panel or the chairman or any member thereof or otherwise does anything prejudicial to the effective performance of the functions of a panel shall be guilty of an offence and shall be liable upon summary conviction to imprisonment for a term not exceeding two years.

11. Expenses. The Governor may approve for a panel, such an amount as the panel may require for meeting such expenses as may be reasonable for the effective discharge of its duties and functions under this Law.

12. Application of Commission of Inquiries Law. Where no express provision is made in this Law with respect to any particular matter relating to the power of a panel, the provisions of the Commission of Inquiries Law shall apply in relation to the proceedings of the panel with necessary modification and adaptations.