Warri Uvwie and Environs Special Area Development Agency Law, 2019

WARRI/UVWIE AND ENVIRONS SPECIAL AREA DEVELOPMENT AGENCY LAW, 2019

1. Short Title and Commencement. This Law may be cited as the Warri/Uvwie and Environs Special Area Development Agency Law, 2019 and shall come into force on the 9th day of May, 2019.

2. Interpretation. In this Law, unless the context otherwise requires; "Agency" means the Warri/Uvwie and Environs Area Development Agency; "Board" means the Governing Board established for the Agency under Section 4 of this Law; "Environs" means Areas within Longitude N05°45'52" and Latitude E05°55"55' of Enerhen Junction; "Governor " means the Governor of Delta State; "House " means the Delta State House of Assembly; "Member includes a Member, Chairman and Director-General of the Board; "State" means Delta State of Nigeria.

3. Establishment of the Warri/Uvwie and Environs Development Agency. (1) There is hereby established a body to be known as the Warri/Uvwie and Environs Special Area Development Agency (in this Law referred to as the "Agency"). (2) The Agency shall be a body corporate with perpetual succession and a common seal. (3) The Agency may sue and be sued in its corporate name.

4. Establishment of the Board of the Agency. (1) There is hereby established for the Agency a Governing Board which shall consist of: (a) a Chairman; (b) three persons, one from each Senatorial District of the State; (c) the Director-General of the Agency; (d) a representative of the Ministry of Economic Planning; and (2) The Chairman and Members of the Board shall: (a) be appointed by the Governor, subject to the confirmation of the House; and (b) be persons of proven integrity and competence. (3) The Members of the Board referred to in sub-section (1) (a) and (b) of this Section shall be part-time Members.

5. Tenure of Office of Board Members. (1) Subject to the provision of Section 4 of this Law, a Member of the Board, other than an Ex-officio Member shall hold office for a term of 4 years at the first instance and may be reappointed for a further term of 4 years and no more. (2) A Member of the Board other than an Ex-officio Member may resign his appointment by notice in writing under his hand, addressed to the Governor, which resignation shall take effect only upon acknowledgement by the Governor.

6. Cessation of Membership of the Board. Notwithstanding the provisions of Section 5 of this Law, a person shall cease to hold office as a Member of the Board if: (a) he becomes bankrupt; (b) he is convicted of a felony or any offence involving dishonesty or fraud; or (c) he becomes of unsound mind, or incapable of carrying out his duties; or (d) he is guilty of a serious misconduct in relation to his duties; (e) in the case of a person possessing a professional qualification, if he is disqualified or suspended, other than at his own request, from practicing his profession in any part of the world by order of a competent authority made in respect of that Member; or (f) he is removed by the Governor.

7. Remuneration and Allowances of Members. There shall be paid to Member of the Board such remuneration and allowances as applicable to similar Agencies in the State.

8. Functions of the Agency. (1) The Agency shall: (a) formulate policies and guidelines for the development of the Warri/Uvwie and Environs Special Area; (b) conceive, plan and implement, in accordance with set rules and regulations, projects and programmes for the sustainable development of the Warri/Uvwie and Environs Special Area; (c) prepare a master plan designed to promote the physical development of the Warri/Uvwie and Environs Special Area, as well as tackle ecological and environmental problems; (d) have power to train managerial and technical Staff for the purpose of the performance of its functions under this Law; (e) have power to undertake such research may be necessary for the performance of its functions; (f) have power to hold and manage movable and immovable property; (g) develop and operate infrastructure services and facilities within the Warri/Uvwie and Environs Special Area; (h) liaise and collaborate with relevant Government Ministries, Departments and Agencies; (i) attract and promote investments for the development of the Warri/Uvwie and Environs Special Area; and (j) enter into contracts or partnerships with any person or body (whether corporate or unincorporated) which in the opinion of the Agency will facilitate the discharge of its functions under this Law. (2) Pursuant to its functions, the Agency shall have right to acquire or take over any asset, business, property, privilege. contract, right, obligation and liability of any person or body (whether corporate or unincorporated) and pay compensation in accordance with the Land Use Act. (3) The Agency shall have power to borrow money or to dispose of any property; subject to the consent of the Governor in writing. (4) The Agency shall subject to the direction, control or supervision of the Governor. (5) The supplementary provisions set out in the schedule to this Law shall have effect with respect to the proceedings of the Board and the other matters contained therein.

9. Powers of the Board. The Board shall have power to: (a) direct and supervise the affairs of the Agency; (b) make rules and regulations for carrying out the functions of the Agency; (c) enter and inspect premises, projects and such places as may be necessary for the purpose of carrying out its functions under this Law; (d) approve staff appointments, promotions and discipline; (e) pay Staff remunerations and allowances as applicable to similar Agencies in the State; (f) enter into such contracts or partnership as may be necessary or expedient for the discharge of the functions of the Agency; (g) review and approve work-plans and reports of the Agency; (h) employ, either directly or on secondment from any Civil or Public Service in the State such number of employees as may, in the opinion of the Board, to assist the Agency in the discharge of its functions under this Law; (i) pay to persons such remuneration and allowances as applicable to similar Agencies in the State; (j) do such other things as may necessary and expedient for the efficient performance of the functions of the Agency.

10. Appointment, Tenure and Qualification of the Director General. (1) There shall be appointed for the Agency, a Director-General who shall: (a) be the Chief Executive and Accounting Officer of the Agency; (b) have a single term of four years; (c) have such qualification and managerial experience as are appropriate for a person required to perform functions of the office and must be a graduate of not less than 15 years; (d) be appointed by the Governor subject to the confirmation of the House; and (e) hold office on such terms and conditions may be specified in his letter of appointment. (2) Director-General shall be subject to general direction of the Board and responsible: (a) for the day to day administration of the Agency; (b) for keeping the books and proper records of the proceedings of the Board; (c) for the administration of the secretariat of the Board and the direction and control of all other employees of the Agency.

11. Service in the Agency to be pensionable. (1) Service in the Agency shall be approved service for the purposes of the Pension Reform Law of the State. (2) The Officers and other persons employed in the Agency shall be entitled to pensions and other retirement benefits. (3) Nothing in subsections (1) and (2) of this Section shall prevent the appointment of a person to any office on terms, which preclude grant of pension and gratuity in respect of that office.

12. Establishment of Departments. (1) There shall be established in the Head office of the Agency the following Departments: (a) Department of Administration and Finance; (b) Department of Investment and Business Promotion; (c) Department of Projects; (d) Department of Education, Health and Social Services. (2) The Board may with the approval of the Governor review the number of Departments as it may deem necessary and expedient to facilitate the realization of the objectives of the Agency.

13. Funds of the Agency. (1) The Agency shall establish and maintain a Fund from which shall be defrayed all expenditure by the Agency. (2) There shall be paid and credited to the Fund established pursuant to subsection (1) of this Section: (a) allocations from the annual budget of the State to the Agency; (b) such monies, as may, from time to time, be granted or lent to the Agency by the State Government, any other or body or institution whether local or foreign; (c) all monies raised for the purposes of the Agency by way of gifts, loans, grants- in-aid, testamentary disposition or otherwise; (d) proceeds from all other assets that may, from time to time, accrue to the Agency; and (e) raise such revenues, fees and fines as may be approved for the Agency from time to time by the House. (3) The Funds shall be managed in accordance with rules made by the Board, and without prejudice to the generality of the power to make rules under this subsection; the rules shall in particular contain provisions: (a) specifying the manner in which the assets or Fund of the Agency are to be held. and regulating the making of payment into and out of the Fund; and (b) requiring the keeping of proper accounts and records for the purpose of the Fund in such form as may be specified in the rules.

14. Expenditures. The Agency shall apply the proceeds of the Fund established in Section 13 of this Law to: (a) the cost of administration of the Agency; (b) the payment of salaries, fees, remunerations, allowances to the Members of the Board or Committee of the Board and the employees of the Agency; (c) the payment of all Contracts, including mobilisation, fluctuations, variations and cost of contract administration; (d) the payment for all purchases; and (e) undertaking such other activities as may be connected with all or any function of the Agency.

15. Gifts to the Agency. (1) The Agency may accept gifts of land. money or other property on such terms and conditions, if any, as may be specified by the person or organisation making the gift. (2) The Agency shall not accept any gift if the conditions attached by the person or organisation making the gift are inconsistent with the functions of the Agency.

16. Power to borrow money. The Agency may, with the prior approval of the Governor in writing, borrow on such terms and conditions as the Agency may determine, such sums of money as the Agency may require in the exercise of its function.

17. Annual Estimate and Expenditure. (1) The Board shall submit to the Governor estimates of income and expenditure for the next succeeding year in conformity with the State's budget and processes. (2) The Board shall cause to be kept proper accounts of the Agency in respect of such year and proper records in relation thereto and shall cause the accounts to be audited not later than 6 months after the end of each year, and in accordance with the guidelines supplied by the Office of the Auditor-General of the State.

18. Annual Report. The Board shall, prepare and submit to the Governor, not later than 30th June in each year, a report in such form as the Governor may direct on the activities of the Agency during the immediate preceding year and include in the report a copy of the audited accounts of the Agency for that year and the auditor's report thereon.

19. Establishment and functions of the Arbitral Tribunal. (1) Whenever there is a dispute among parties under this Law, it shall first be referred to Mediation, Conciliation or Arbitration before resorting to Litigation. (2) The parties shall by mutual consent appoint a three-man panel of Arbitrators or Mediators. (3) The Membership of the panel and the applicable Arbitral procedure shall be as provided for in the Arbitration and Conciliation Act. (4) The venue of Arbitration, Mediation or Conciliation shall be the Delta State Multi-Door Court House.

20. Office and Premises of the Agency. The Agency shall have and maintain an office and premises within the Warri/Uvwie and Environs Special Area for the purpose of carrying out its functions.

21. Directives by the Governor. Subject to the provisions of this Law , the Governor may give the Agency directives of a general nature or relating generally to matters of Policy with regard to the performance of the Agency of its functions and it shall be the duty of the Agency to comply with the directives.

22. Limitation of suits against the Agency. (1) Subject to the provisions of this Law, the provisions of the Public Officers Protection Act shall apply in relation to any suit instituted against any officer or employee of the Agency. (2) No suit shall be commenced against the Agency, a Member of the Board, the Director-General, officer or employee of the Agency before the expiration of a period of one month after a written notice of intention to commence the suit shall have been served upon the Agency by the intending claimant or his agent(s). (3) The notice referred to in subsection (2) of this Section shall clearly and explicitly state the cause of action, the particulars of the claim, the name and place of abode of the intended claimant and the relief(s) sought.

23. Service of Documents. A notice, summon or other document required or authorised to be served upon the Agency under the provisions of this Law or any other Law or enactment may be served by delivering it to the Director-General or by sending it by registered post and addressed to the Director-General at the Principal office of the Agency.

24. Indemnity. A Member of the Board, the Director-General, any other officer or employee of the Agency shall be indemnified out of the assets of the Agency against any legal action. WARRI/UVWIE AND ENVIRONS SPECIAL AREA DEVELOPMENT AGENCY LAW, 2019 SUPPLEMENTARY PROVISION AND PROCEEDINGS OF THE BOARD

1. Subject to this Law and Section 27 of the Interpretation Act, the Board may make standing orders regulating its proceedings or those of any of its Committee.

2. Board shall meet whenever it is summoned by the Chairman. If the Chairman is required to do so by notice given to him by not less than four other Members, he shall summon a meeting of the Board to held within fourteen days from the date on which the notice is given.

3. At any meeting of the Board, the chairman shall preside but if he is absent, the Members present at the meeting shall appoint of their members at the meeting to preside. (a) the Board may appoint one or more committees to carry out, on behalf of Board, such functions as the Board may determine. (b) a committee so appointed shall consist of such number of persons as may be determined by the Board and such a person shall hold office in the committee in accordance with the terms of his appointment. (c) a decision of a committee of the Board shall be of no effect in any manner whatsoever until it is confirmed by the Board.

4. (1) The fixing of the Seal of the Agency shall be authenticated by the signatures of the Chairman or any of the member of the Board generally or specifically authorised by the Board to act for that purpose and the Director-General. (2) A document purporting to be a document duly executed under the Seal of the Agency shall be received in evidence and shall, unless and until the contrary is proved, be presumed to be go executed.

5. The validity of any proceedings of the Board or of a committee shall not be adversely affected by: (a) a vacancy in the membership of the Board or Committee; or (b) a defect in the appointment of a Member of the Board or Committee; or (c) reason that a person not entitled to do so took part in the proceedings of the Board or Committee.