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EKITI STATE PUBLIC WORKS CORPORATION LAW, 2011




               NO. 8 OF 2011
EKITI STATE OF NIGERIA

         EKITI STATE PUBLIC WORKS CORPORATION LAW.



                     ARRANGEMENT OF SECTIONS.
1.    Establishment and Incorporation of Ekiti State Public Works Corporation
2.    Board of the Corporation
3.    Remuneration
4.    Removal of members
5.    Tenure of office of Chairman and other members
6.    Procedure and meetings
7.    Objectives of the Corporation
8.    Functions of the Corporation
9.    Structure of the Corporation
10.   Appointment of Secretary
11.   Removal from office of Executive Secretary
12.   Service in the Corporation
13.   Staffing of the Corporation
14.   Funds of the Corporation
15.   Bank Account
16.   Accounts and Audit
17.   Annual Report and Estimates
18.   Authentication
19.   Legal Proceeding
20.   Transfer of Property etc.
21.   Interpretations
22.   Repeal
23.   Citation
A LAW TO PROVIDE FOR THE ESTABLISHMENT OF THE EKITI STATE PUBLIC
   WORKS CORPORATION AND FOR THE OTHER MATTERS INCIDENTAL
              THERETO OR CONNECTED THEREWITH


                                   NO. 8 OF 2011



                              EKITI STATE OF NIGERIA



COMMENCEMENT

Enacted by the House of Assembly of Ekiti State of Nigeria as follows:



                                       PART 1

      ESTABLISHMENT OF THE EKITI STATE PUBLIC WORKS CORPORATION



Establishment        (1)   There is hereby established a body to be known as

and Incorporation          the Ekiti State Pubic Works Corporation of

Ekiti State Public         (hereinafter referred to as “the Corporation”)

Corporation.

                     (2) The Corporation shall be a body corporate with perpetual
                         succession and a common seal with power to sue and to be
                         used in its corporate name.
(3) The Corporation shall have power to acquire land and or
                    dispose of movable and immovable property for the
                    purpose to sue and be used in its corporate name.


                (4) The Corporation shall be under the supervision of the
                    Governor.


2.   (1)        There is hereby established for the Corporation a Board
                (hereinafter referred to as the “Board”) which shall be
                responsible for the formulation of policies and strategies for
                the effective management of the Corporation.



     (2) The Board of the Corporation shall consist of the              following
         members:
                 (i)   A full-time Chairman, who shall be the head of the
                       Corporation
                 (ii)  Two other full-time members, and
                 (iii) Five ex-officio members comprising
                 (a) Representative of the Ministry of Finance
                 (b) Representatives of Special Adviser, infrastructure and
                       Public Utilities
                 (c)   Representatives of the Ministry of Works
                 (d) Representatives of Nigerian Society of Engineers, Ekiti
                       State branch
                 (e) Representatives of Nigerian Estate Valuers and
                       surveyors, Ekiti State Branch.
     (3) The Chairman and member of the Board of the Corporation shall be
         appointed by the Governor in regards to relevant qualifications being
         had in the industry and any other relevant professional discipline.
Remuneration 3.      Members of the Board shall be paid such remunerations or
                     allowances as may be approved by the Governor.



Removal of      4.   Members of the Corporation shall be removed by the Governor,

Members              if he is satisfied that it is not in the interest of the Corporation that
                     such person should continue in office, provided that the Governor
                     shall also have powers to suspend a member if deemed appropriate.



Tenure of Office 5. (1)    Subject to the provision 4: the Chairman unless he

Of Chairman                resigns his appointment through a letter addressed to the

And other Members          Governor shall hold office for a term of four years subject to
                           the pleasure of the Governor.



                     (2) Any public officer appointed to be official members shall hold
                         office as such at the pleasure of the Governor.


Resignations         (3)   Any member, other than an ex-officio member shall hold office
                           subject to the pleasure of the Governor for a term of four
                           years and may at any time, resign his office by a letter
                           addressed to the Governor through the Chairman.

Procedure and    6. (1)    The corporation shall meet on such times as may

Meeting                      be necessary or expedient for the transaction of business and
                             such meetings shall be held at such places and times and on
                             such days as the Chairman may determine.
(2) The Chairman of the Corporation may at any time call a
                             special meeting to be held within even days of a notice for
                             that purpose addressed to him by at least two-third
                             members of the Corporation.
                         (3) The Chairman of the Corporation shall preside at every
                             meeting of the Corporation at which he is present and, in
                             his absence, the member present shall elect one of their
                             members to preside the place of the Chairman.
                         (4) The Chairman of the Corporation or the member presiding
                             at a meeting of the Corporation in the absence of the
                             Chairman shall have original and a casting case vote.
                         (5) The quorum of the Corporation shall be three, including the
                             Chairman or member presiding in their absence of the
                             Chairman from the meting.




                                       PART II



           OBJECTIVES, FUNCTIONS AND STRUCTURE OF THE CORPORATION



Objectives of the

Corporation         7.   The objective of the Corporation shall be to:



                         1. develop and implement action plans for the Corporation’s
                            key result areas of the construction, development and
                            maintenance of public buildings, roads and other
                            infrastructure;
2. Establish construction groups to carry out construction
                     works in the State by direct labour.
                  3. Procure and purchase materials and equipment for
                     effective discharge of its duties in the State.
                  4. Accelerate provision of infrastructure especially public
                     buildings roads and support infrastructure through direct
                     labour.
                  5. generate revenue for the State Government through
                     proceeds from
                  (a) construction of projects for public and other interested
                        government agencies;
                  (b) construction and development of public building, roads
                        and other infrastructure.
                  6. Carry out any other relevant duty as assigned to it by the
                     Governor.
Functions   8.    (1) The functions of the Corporation shall be:

                        (a)   Construction of public buildings, roads and other
                              infrastructure within the State as directed by the
                              Governor;

                        (b)   To make recommendations to the State
                              Government intervention agency for rapid
                              delivery and the maintenance of public buildings,
                              roads and other infrastructures within the State.

                  (2)   The corporation shall for the purpose of carrying out its
                        function under this Law have power to do all such acts
                        as may appear to it to be requisite for carrying out its
                        functions and objectives.


Structure of 9.   (1)   For the purpose of achieving the objectives set

this Law, the           under section 7(1) – (6) the corporation shall
Corporation     establish the following departments.

                            (a)    Public Works Department;
                            (b)    Environmental Beatification & Farm
                                   Services
                            (c)    Finance and Administration Department
                                   and;
                            (d) Plant and Equipment Management.
                (2)   For the purpose of subsection (1) of this section, the
                      Board may approve a reasonable number of groups
                      construction workforce for efficient performance of the
                      functions of the Corporation as the Board may deem fit.


                                           PART III



                              THE STAFF OF THE CORPORATION



Appointment 10. (1)   There shall be a secretary who shall be the

Of Secretary                Accounting Officer of the Corporation.

                (2)   The secretary shall carry out the following functions:
                      (a) advise the Board on the formulation and
                            implementation of its policies
                      (b) the day to day administration of the Corporation;
                      (c)   be responsible for convening the meeting of the
                            Board after consultation with the Chairman;
                      (d) prepare the quarterly and the annual report of the
                            corporation.
Removal from      11.   Notwithstanding any provision in this Law, the

Office                  Executive secretary or officer or staff of the corporation
                        may be removed from office by the Governor.



Service in the    12.   Service in respect of the office of the Secretary and

Corporation         officers employed and seconded to the corporation shall be
                         approved. Service for the purpose of pensions in
                         accordance with the Ekiti State Civil Service Regulations.



Staffing of the   13.   The Board may subject to approval in writing by

Corporation             the Governor:-



                        (a) accept staff on deployment from the Civil Public
                            service in the discharge of any of its functions under
                            this Law;
                        (b) employ directly into the Corporation
PART IV

                              FUNDS AND ACCOUNT

Funds of the     14.   The Funds of the Corporation shall consist

Corporation             of:

                       (a)     Subvention or budgetary allocation from State
                               Government;

                       (b)     Any sum which may be granted to the corporation
                               by the Federal or Local Government and donor
                               Agencies;

 Bank Account    15.   (1)     All sums of money received in the name of the
                               corporation into such banks as may be approved
                       by      the Board.

                       (2)   The signatories to the account thereof shall be as
                             contained in the financial regulation of
                       government.

Account three   16.    The corporation shall keep proper records of

Months and             account and shall not later than three months of the

Audit                  succeeding year submit report of its activities, account
                       and its statements of account, including its balancing
                       sheet for that year together with the report of the
                       Auditor-General of the State on the said account to the
                       Governor who shall lay same before the state Executive
                       Council.
Annual report     17.   (1)   The corporation shall, in each year, prepare

and Estimates                 and present on or before 30th day of November to
                              the executive Governor, a report of its
                              proceedings during the twelve months ending 31st
                              day of December of the calendar year.

                        (2) A copy of every such report shall be laid before the
                            Executive Council.
                        (3) A copy of every such report shall be laid before
                               the House of Assembly.

                        (4)   The corporation shall in each year submit to the
                              Treasury Board for approval, its estimates of
                              revenue and expenditure in respect of the period
                              commending on the 1st day of January of the said
                              year, in accordance with relations/guidelines that
                              may be issued by the State Government.



Authentication 18.      The common seal of the corporation shall not be affixed
                        to any document except in pursuance of a resolution
                        duly passed at a meeting of the Board and recorded I the
                        minutes of such meeting.

Legal Plaintiff’s 19.   (1)   No suit shall lie against the corporation

Proceeding                    unless a written notice of the Plaintiff’s or his
                              agent’s intention to commence action as served
                              on the Corporation one (1) month prior to the
                              commencement of the action.
(2)      Such notice shall state the cause of action, the
                               name and place of abode of the intending plaintiff
                               and the relief which he claims.



                                     PART V

                            TRANSITIONAL PROVISIONS

Transfer of   20.       (1)    All property movable or immovable held by

Property                       on behalf of the corporation etc establish under
                               Ekiti Kete Roads Maintenance Agency Law, No. 2
                               of 2006 shall by virtue of this section vest in Ekiti
                               State Public works Corporation created under this
                               Law.

                        (2)    Without prejudice to the generality of subsection
                               (1) of this Section, all outstanding debts and
                               liabilities of Ekiti Kete Roads Maintenance Agency
                               before the commencement of this Law become
                               the debts an or liabilities of Ekiti State Public
                               works Corporation.

                        (3)    All agreements contracts, deeds and other
                               instruments to which Ekiti Kete Roads
                               Maintenance Agency was a party shall, so far as
                               possible and subject to any necessary
                               modification have effect as if they have been
                               made under this Law.




Interpretations 21.     In this Law unless the context otherwise requires:
“Corporation” means the Ekiti State Public Works
                 Corporation established under section 1 of this Law.

                 “Board” means the Board of Ekiti State Public Works
                 Corporation;

                 “Chairman” means Chairman of the Board who shall, at
                 the minimum, be a person with requisite knowledge in
                 business and project management, development control
                 and the ability to harness the skills of personnel in the
                 building industry;

                 “State Government intervention Agencies” include the
                 Ekiti Sate Emergency Management Agency created
                 pursuant to Section 2 of the Ekiti State Emergency
                 Management Law No. 9 of 2009.

                 “Governor” means the Governor of Ekiti State.

                 “State” means Ekiti State of Nigeria.

                 “Service” means the Ekiti State Civil Service.

                 “Suit” means a civil proceeding commenced by writ of
                 summons or in such other manner as may be permitted
                 by rules of court.

Repeal     22.   The Ekiti Kete Roads Maintenance Agency Law, No. 2 of
                 2006 is hereby repealed.



Citation   23.   This Law may be cited as Ekiti State Public Works
                 Corporation Law, 2011.
This printed impression has been carefully compared by me with the
Bill, which has been passed by the Ekiti State House of Assembly and
found by me to be a true copy of the said Bill.




……………………………………………..

MR. BEN. AKINTUNDE FAMOYEGUN

  Clerk of the House of Assembly




                                                                                          .......
                                   ....................................................

                                    Rt. Hon. (Dr.) Adewale A. Omirin

                                               Speaker of the House
Governor’s Assent



      I hereby signify my assent to this Bill




           DR. KAYODE FAYEMI
      Executive Governor of Ekiti State




MADE AT ADO EKITI THIS 4th DAY OF July, 2011

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Ekiti State Public Works Corporation Law.

  • 1. EKITI STATE PUBLIC WORKS CORPORATION LAW, 2011 NO. 8 OF 2011
  • 2. EKITI STATE OF NIGERIA EKITI STATE PUBLIC WORKS CORPORATION LAW. ARRANGEMENT OF SECTIONS. 1. Establishment and Incorporation of Ekiti State Public Works Corporation 2. Board of the Corporation 3. Remuneration 4. Removal of members 5. Tenure of office of Chairman and other members 6. Procedure and meetings 7. Objectives of the Corporation 8. Functions of the Corporation 9. Structure of the Corporation 10. Appointment of Secretary 11. Removal from office of Executive Secretary 12. Service in the Corporation 13. Staffing of the Corporation 14. Funds of the Corporation 15. Bank Account 16. Accounts and Audit
  • 3. 17. Annual Report and Estimates 18. Authentication 19. Legal Proceeding 20. Transfer of Property etc. 21. Interpretations 22. Repeal 23. Citation
  • 4. A LAW TO PROVIDE FOR THE ESTABLISHMENT OF THE EKITI STATE PUBLIC WORKS CORPORATION AND FOR THE OTHER MATTERS INCIDENTAL THERETO OR CONNECTED THEREWITH NO. 8 OF 2011 EKITI STATE OF NIGERIA COMMENCEMENT Enacted by the House of Assembly of Ekiti State of Nigeria as follows: PART 1 ESTABLISHMENT OF THE EKITI STATE PUBLIC WORKS CORPORATION Establishment (1) There is hereby established a body to be known as and Incorporation the Ekiti State Pubic Works Corporation of Ekiti State Public (hereinafter referred to as “the Corporation”) Corporation. (2) The Corporation shall be a body corporate with perpetual succession and a common seal with power to sue and to be used in its corporate name.
  • 5. (3) The Corporation shall have power to acquire land and or dispose of movable and immovable property for the purpose to sue and be used in its corporate name. (4) The Corporation shall be under the supervision of the Governor. 2. (1) There is hereby established for the Corporation a Board (hereinafter referred to as the “Board”) which shall be responsible for the formulation of policies and strategies for the effective management of the Corporation. (2) The Board of the Corporation shall consist of the following members: (i) A full-time Chairman, who shall be the head of the Corporation (ii) Two other full-time members, and (iii) Five ex-officio members comprising (a) Representative of the Ministry of Finance (b) Representatives of Special Adviser, infrastructure and Public Utilities (c) Representatives of the Ministry of Works (d) Representatives of Nigerian Society of Engineers, Ekiti State branch (e) Representatives of Nigerian Estate Valuers and surveyors, Ekiti State Branch. (3) The Chairman and member of the Board of the Corporation shall be appointed by the Governor in regards to relevant qualifications being had in the industry and any other relevant professional discipline.
  • 6. Remuneration 3. Members of the Board shall be paid such remunerations or allowances as may be approved by the Governor. Removal of 4. Members of the Corporation shall be removed by the Governor, Members if he is satisfied that it is not in the interest of the Corporation that such person should continue in office, provided that the Governor shall also have powers to suspend a member if deemed appropriate. Tenure of Office 5. (1) Subject to the provision 4: the Chairman unless he Of Chairman resigns his appointment through a letter addressed to the And other Members Governor shall hold office for a term of four years subject to the pleasure of the Governor. (2) Any public officer appointed to be official members shall hold office as such at the pleasure of the Governor. Resignations (3) Any member, other than an ex-officio member shall hold office subject to the pleasure of the Governor for a term of four years and may at any time, resign his office by a letter addressed to the Governor through the Chairman. Procedure and 6. (1) The corporation shall meet on such times as may Meeting be necessary or expedient for the transaction of business and such meetings shall be held at such places and times and on such days as the Chairman may determine.
  • 7. (2) The Chairman of the Corporation may at any time call a special meeting to be held within even days of a notice for that purpose addressed to him by at least two-third members of the Corporation. (3) The Chairman of the Corporation shall preside at every meeting of the Corporation at which he is present and, in his absence, the member present shall elect one of their members to preside the place of the Chairman. (4) The Chairman of the Corporation or the member presiding at a meeting of the Corporation in the absence of the Chairman shall have original and a casting case vote. (5) The quorum of the Corporation shall be three, including the Chairman or member presiding in their absence of the Chairman from the meting. PART II OBJECTIVES, FUNCTIONS AND STRUCTURE OF THE CORPORATION Objectives of the Corporation 7. The objective of the Corporation shall be to: 1. develop and implement action plans for the Corporation’s key result areas of the construction, development and maintenance of public buildings, roads and other infrastructure;
  • 8. 2. Establish construction groups to carry out construction works in the State by direct labour. 3. Procure and purchase materials and equipment for effective discharge of its duties in the State. 4. Accelerate provision of infrastructure especially public buildings roads and support infrastructure through direct labour. 5. generate revenue for the State Government through proceeds from (a) construction of projects for public and other interested government agencies; (b) construction and development of public building, roads and other infrastructure. 6. Carry out any other relevant duty as assigned to it by the Governor. Functions 8. (1) The functions of the Corporation shall be: (a) Construction of public buildings, roads and other infrastructure within the State as directed by the Governor; (b) To make recommendations to the State Government intervention agency for rapid delivery and the maintenance of public buildings, roads and other infrastructures within the State. (2) The corporation shall for the purpose of carrying out its function under this Law have power to do all such acts as may appear to it to be requisite for carrying out its functions and objectives. Structure of 9. (1) For the purpose of achieving the objectives set this Law, the under section 7(1) – (6) the corporation shall
  • 9. Corporation establish the following departments. (a) Public Works Department; (b) Environmental Beatification & Farm Services (c) Finance and Administration Department and; (d) Plant and Equipment Management. (2) For the purpose of subsection (1) of this section, the Board may approve a reasonable number of groups construction workforce for efficient performance of the functions of the Corporation as the Board may deem fit. PART III THE STAFF OF THE CORPORATION Appointment 10. (1) There shall be a secretary who shall be the Of Secretary Accounting Officer of the Corporation. (2) The secretary shall carry out the following functions: (a) advise the Board on the formulation and implementation of its policies (b) the day to day administration of the Corporation; (c) be responsible for convening the meeting of the Board after consultation with the Chairman; (d) prepare the quarterly and the annual report of the corporation.
  • 10. Removal from 11. Notwithstanding any provision in this Law, the Office Executive secretary or officer or staff of the corporation may be removed from office by the Governor. Service in the 12. Service in respect of the office of the Secretary and Corporation officers employed and seconded to the corporation shall be approved. Service for the purpose of pensions in accordance with the Ekiti State Civil Service Regulations. Staffing of the 13. The Board may subject to approval in writing by Corporation the Governor:- (a) accept staff on deployment from the Civil Public service in the discharge of any of its functions under this Law; (b) employ directly into the Corporation
  • 11. PART IV FUNDS AND ACCOUNT Funds of the 14. The Funds of the Corporation shall consist Corporation of: (a) Subvention or budgetary allocation from State Government; (b) Any sum which may be granted to the corporation by the Federal or Local Government and donor Agencies; Bank Account 15. (1) All sums of money received in the name of the corporation into such banks as may be approved by the Board. (2) The signatories to the account thereof shall be as contained in the financial regulation of government. Account three 16. The corporation shall keep proper records of Months and account and shall not later than three months of the Audit succeeding year submit report of its activities, account and its statements of account, including its balancing sheet for that year together with the report of the Auditor-General of the State on the said account to the Governor who shall lay same before the state Executive Council.
  • 12. Annual report 17. (1) The corporation shall, in each year, prepare and Estimates and present on or before 30th day of November to the executive Governor, a report of its proceedings during the twelve months ending 31st day of December of the calendar year. (2) A copy of every such report shall be laid before the Executive Council. (3) A copy of every such report shall be laid before the House of Assembly. (4) The corporation shall in each year submit to the Treasury Board for approval, its estimates of revenue and expenditure in respect of the period commending on the 1st day of January of the said year, in accordance with relations/guidelines that may be issued by the State Government. Authentication 18. The common seal of the corporation shall not be affixed to any document except in pursuance of a resolution duly passed at a meeting of the Board and recorded I the minutes of such meeting. Legal Plaintiff’s 19. (1) No suit shall lie against the corporation Proceeding unless a written notice of the Plaintiff’s or his agent’s intention to commence action as served on the Corporation one (1) month prior to the commencement of the action.
  • 13. (2) Such notice shall state the cause of action, the name and place of abode of the intending plaintiff and the relief which he claims. PART V TRANSITIONAL PROVISIONS Transfer of 20. (1) All property movable or immovable held by Property on behalf of the corporation etc establish under Ekiti Kete Roads Maintenance Agency Law, No. 2 of 2006 shall by virtue of this section vest in Ekiti State Public works Corporation created under this Law. (2) Without prejudice to the generality of subsection (1) of this Section, all outstanding debts and liabilities of Ekiti Kete Roads Maintenance Agency before the commencement of this Law become the debts an or liabilities of Ekiti State Public works Corporation. (3) All agreements contracts, deeds and other instruments to which Ekiti Kete Roads Maintenance Agency was a party shall, so far as possible and subject to any necessary modification have effect as if they have been made under this Law. Interpretations 21. In this Law unless the context otherwise requires:
  • 14. “Corporation” means the Ekiti State Public Works Corporation established under section 1 of this Law. “Board” means the Board of Ekiti State Public Works Corporation; “Chairman” means Chairman of the Board who shall, at the minimum, be a person with requisite knowledge in business and project management, development control and the ability to harness the skills of personnel in the building industry; “State Government intervention Agencies” include the Ekiti Sate Emergency Management Agency created pursuant to Section 2 of the Ekiti State Emergency Management Law No. 9 of 2009. “Governor” means the Governor of Ekiti State. “State” means Ekiti State of Nigeria. “Service” means the Ekiti State Civil Service. “Suit” means a civil proceeding commenced by writ of summons or in such other manner as may be permitted by rules of court. Repeal 22. The Ekiti Kete Roads Maintenance Agency Law, No. 2 of 2006 is hereby repealed. Citation 23. This Law may be cited as Ekiti State Public Works Corporation Law, 2011.
  • 15. This printed impression has been carefully compared by me with the Bill, which has been passed by the Ekiti State House of Assembly and found by me to be a true copy of the said Bill. …………………………………………….. MR. BEN. AKINTUNDE FAMOYEGUN Clerk of the House of Assembly ....... .................................................... Rt. Hon. (Dr.) Adewale A. Omirin Speaker of the House
  • 16. Governor’s Assent I hereby signify my assent to this Bill DR. KAYODE FAYEMI Executive Governor of Ekiti State MADE AT ADO EKITI THIS 4th DAY OF July, 2011