Foreign Service Commission (Establishment) Bill, 2023

Arrangement of Sections

Section:
Part I – Establishment of the Foreign Service Commission, etc.
1. Establishment of the Foreign Service Commission.
2. Establishment of Governing Council.
3. Tenure of office.
4. Cessation of membership.
5. Allowances of members.
6. Powers of the Council.
Part II – Functions and Powers of the Commission
7. Functions of the Commission.
8. Powers of the Commission.
Part III – Appointment of Executive Secretary and Other Staff

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9. Appointment of the Executive Secretary.

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10. Structure of the Commission.

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11. Appointment of other staff of the Commission.
12. Staff regulation.
13.

14.
Pensions.

Fund of the Commission.

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Part IV – Financial provisions
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15. Expenditure of the Commission.
16. Power to accept gifts.
17. Annual estimates and expenditure.
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18. Annual reports.

Part V – Miscellaneous Provisions
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19. Limitation of suit against the Commission, etc.

20. Notices.
21. Power to make regulations.
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22. Interpretation.
23. Short title.
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 A BILL
FOR
AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE FOREIGN SERVICE COMMISSION; TO
VEST IT WITH THE RESPONSIBILITY FOR THE RECRUITMENT, TRAINING DISCIPLINE, AND
PROMOTION OF FOREIGN SERVICE OFFICERS; AND FOR OTHER MATTERS CONNECTED
THEREWITH

Hon. Benjamin Okezie Kalu Hon. Khadija Bukar Ibrahim Hon. Chinedu Obika
Hon. Abdullahi Kalambaina Hon. IbeOkwara-Osonwa Hon. Tolulope Akande-Sadipe
Hon. BomaGoodhead

[ ] Commencement.

1 BE IT ENACTED by the National Assembly of the Federal Republic of Nigeria as follows –

2 PART I – ESTABLISHMENT OF THEFOREIGN SERVICE COMMISSION, ETC.

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3 1._ (1) There is hereby established a body to be known as the Foreign Service
Establishment of

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4 Commission (in this Bill referred to as “the Commission”). the Foreign

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Service
5 (2) The Commission – Commission.

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(a) shall be a body corporate with perpetual succession and a common seal;
(b) may sue and be sued in its corporate name; and
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8 (c) may acquire, hold and dispose of property whether moveable or immoveable.
9 2._ (1) There is hereby established a Governing Council for the Commission (in this
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10 Act referred to as “the Governing Council”) which shall consist of –

Establishment of
11 (a) a Chairman;
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Governing Council.

12 (b) six persons to represent the six geo-political zones; and

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13 (c) the Executive Secretary of the Commission.

14 (2) The Chairman and members of the Governing Council, other than the Executive
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15 Secretary, shall be part-time members.

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16 (3) The Chairman and the members of the Governing Council shall be appointed by
17 the President on the recommendation of the Minister.
18 (4) The supplementary provisions set out in the Schedule to this Act shall have
19 effect with respect to the proceedings of the Governing Council and the other matters
20 contained therein.
21 3._ The Chairman and members of the Governing Council, other than the ex-officio
Tenure of office.
22 members, shall each hold office –
23 (a) for a term of 4 years in the first instance and may be re-appointed for a further
24 term of 4 years and no more; and
25 (b) on such terms and conditions as may be specified in his letter of appointment.
26 4._ (1) A person shall cease to hold office as member of the Governing Council on the
occurrence of any of the following – Cessation of
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 1 (a) he resigns his appointment as a member of the Governing Council by notice, membership

2 under his hand, addressed to the President; or

3 (b) he becomes of unsound mind; or
4 (c) he becomes bankrupt or makes a compromise with his creditors; or
5 (d) he is convicted of a felony or of any offence involving dishonesty or corruption;
6 or
7 (e) he becomes incapable of carrying out the functions of his office either arising
8 from an infirmity of mind or body; or
9 (f) the President is satisfied that it is not in the interest of the Commission or in the
10 interest of the public for the person to continue in office and the President removes
11 him from office.

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12 (2) Where a vacancy occurs in the membership of the Governing Council, it shall be

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13 filled by the appointment of a successor to hold office for the remainder of the term of
14 office of his predecessor, so however that the successor shall represent the same interest
15 as his predecessor.
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16 5._ The Chairman and members of the Board shall be paid such allowances and
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members.

17 benefits as the Federal Government may, from time to time, approve.

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18 6._ The Governing Council shall –

19 (a) manage and superintend over the affairs of the Commission; Powers of the
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Council.
20 (b) make rules and regulations for the effective running of the Commission;
21 (c) employ and pay the staff of the Commission such remunerations and allowances
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22 as payable to persons in similar organizations in the country;

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23 (d) entre into such contracts as may be necessary or expedient for the discharge of
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24 its functions and ensure the efficient performance of the functions of the
25 Commission; and
26 (e) receive, disburse and account for funds of the Commission.
27 PART II – FUNCTIONS AND POWERS OF THE COMMISSION
28 7._ The functions of the Commission are –
Functions of the
29 (a) to appoint persons to offices in the foreign service of the federation; Commission.

30 (b) to exercise disciplinary control over persons holding offices;

31 (c) to ensure the training of diplomats and foreign affairs officials;
32 (d) to ensure the promotion and protection of Nigeria's national interest; and
33 (e) to carry out such other functions as the President may from time to timedirect.
Powers of the
34 8._ The Commission shall have power to anything which will facilitate the carrying Commission.

out of its functions.

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 1 PART III – APPOINTMENT OF EXECUTIVE SECRETARY AND OTHER STAFF
2 9._ (1) There shall be for the Commission, an Executive Secretary, who shall be
3 appointed by the President on the recommendation of the Minister.
Appointment of
4 (2) The Executive Secretary shall – the Executive
Secretary
5 (a) have such qualifications and experience as are appropriate for a person required
6 to perform the functions of that office under this Bill;
7 (b) hold office for a term of 5 years in the first instance and may be re-appointed for
8 another term of 5 years and no more;
9 (c) be responsible to the Governing Council for policy direction and the day-to-day
10 administration of the Commission; and
11 (d) hold office on terms and conditions as may be contained in his letter of

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12 appointment.

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13 10._ (1) The Commission shall, with the approval of the Minister, have power to
14 establish such departments to assist it in the performance of its duties and functions
15 under this Bill.
60 Structure of the
Commission.

16 (2) The Executive Secretary shall appoint Directors to head each department,
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17 established pursuant to subsection (1) of this section, and each Director shall have the
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18 requisite qualification and experience of not less than 20 years as may be required for
19 the effective implementation of the functions of their respective departments and the
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20 Commission under this Bill.

21 11._ (1) The Commission may, with the approval of the Governing Council, appoint
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22 such other staff or employees as, in the opinion of the Commission, may be expedient
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Appointment of
23 and necessary for the proper and efficient performance of its functions under this Bill. other staff of the
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Commission.
24 (2) The terms and conditions of service (including remuneration, allowances,
25 benefits and pensions) of the employees of the Commission shall be as determined by
26 the Governing Council.
27 (3) The Commission shall have power to appoint either on transfer or on
28 secondment from any public service in the Federation, such employees as may, in the
29 opinion of the Commission, be required to assist the Commission in the discharge of any
30 of its functions under this Bill, and shall have power to pay to persons so employed such
31 remuneration (including allowances) as the Governing Council may, after consultation
32 with the National Salaries and Wages Commission, determine.
33 12._ (1) The Governing Council may, subject to the provisions of this Bill, make staff
34 regulations relating generally to the conditions of service of the employees of the
Staff regulation.
Commission and without prejudice to the generality of the foregoing, such regulations
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 1 may provide for –
2 (a) the appointment, promotion and disciplinary control (including dismissal) of
3 employees of the Commission; and
4 (b) appeals by such employees against dismissal or other disciplinary measures, and
5 until such regulations are made, any instrument relating to the conditions of service
6 of officers in the public service of the Federation shall be applicable.
7 (2) Staff regulations made under subsection (1) of this section shall not have effect
8 until approved by the Minister and when so approved they need not be published in the
9 Federal Gazette but the Commission shall cause them to be brought to the notice of all
10 affected persons in such manner as it may, from time to time, determine.
11 13._ Service in the Commission shall be approved service for the purposes of

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12 pensions and accordingly, the officers, staff or employees of the Commission shall be

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13 entitled to pensions and other retirement benefits in accordance with the provisions of Pensions.

14 the Pension Reform Act.

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PART IV – FINANCIAL PROVISIONS
16 14._ (1) The Commission shall establish and maintain a fund from which shall be
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17 defrayed all expenditure incurred by the Commission.
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18 (2) There shall be paid and credited to the fund established pursuant to subsection
Fund of the
19 (1) of this section – Commission.
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20 (a) all moneys by way of appropriation or grants from the Federal Government;
21 (b) all monies realized by way of fees and charges for services, fines, penalties, etc;
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22 (c) donations, gift and grants from individuals or corporate organization at home or
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23 abroad.
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24 (3) The fund shall be managed in accordance with the rules made by the Governing
25 Council and without prejudice to the generality of the power to make rules under this
26 subsection, the rules shall in particular contain provisions –
27 (a) specifying the manner in which the assets or the fund of the Commission are to
28 be held, and regulating the making of payments into and out of the fund; and
29 (b) requiring the keeping of proper accounts and records for the purpose of the fund
30 in such form as may be specified in the rules.
31 15._ The Commission shall apply the proceeds of the fund established pursuant to
32 section 14 of this Bill to –
33 (a) the cost of administration of the Commission;
Expenditure of the
34 (b) the payment of salaries, fees, remuneration, allowances, pensions and gratuities Commission.

payable to the members of the Governing Council and the employees of the
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 1 Commission, as the case may be;
2 (c) the payment for all consultancies, contracts, including mobilisation, fluctuations,
3 variations, legal fees and cost on contract administration;
4 (d) the payment for all purchases; and
5 (e) undertake such other activities as are connected with all or any of the functions
6 of the Commission under this Bill.
7 16._ (1) The Commission may accept gifts of land, money or other property on such
8 terms and conditions, if any, as may be specified by the person or organization making
9 the gift.
10 (2) The Commission shall not accept any gift if the conditions attached by the
Power to accept
11 person or organization making the gift are inconsistent with the functions of the

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gift.

12 Commission under this Bill.

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13 17._ (1) The Commission shall, not later than 30th September in each year, submit to
14 the National Assembly through the President an estimate of the expenditure and income
15 of the Commission during the next succeeding year.
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16 (2) The accounts of the Commission shall be audited not later than 2 months after
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Annual estimates
17 the end of each financial year by auditors appointed from the list and in accordance with and expenditure.
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18 the guidelines supplied by the Auditor-General for the Federation.

19 18._ The Commission shall prepare and submit to the National Assembly and the
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20 President through the Minister not later than 2 months after the close of each financial
21 year, a report on the activities of the Commission during the immediately preceding year,
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22 and shall include in the report a copy of the audited accounts of the Commission for that Annual reports.
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23 year and the auditor’s report thereon.

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24 PART V – MISCELLANEOUS PROVISIONS

25 19._ (1) Subject to the provisions of this Act, the provisions of the Public Officers
26 Protection Act shall apply in relation to any suit instituted against any officer or
27 employee of the Commission.
28 (2) Notwithstanding anything contained in any other enactment or law, no suit shall
Limitation of suit
29 lie or be instituted in any court against any member of the Governing Council, the against the
Commission.
30 Executive Secretary or any other officer or employee of the Commission for any act done
31 in pursuance or execution of this Bill or any other enactment or law, or of any public duty
32 or authority in respect of any alleged neglect or default in the execution of this Bill or
33 such enactment or law, duty or authority unless –
34 (a) it is commenced within 3 months next after the act, neglect or default
complained of, or
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 1 (b) in the case of a continuation of damage or injury, within 6 months next after the
2 cessation thereof.
3 (3) No suit shall be commenced against a member of the Governing Council, the
4 Executive Secretary, officer or employee of the Commission before the expiration of a
5 period of one month after written notice of intention to commence the suit shall have
6 been served upon the Commission by the intending plaintiff or his agent.
7 (4) The notice referred to in subsection (3) of this section shall clearly and explicitly
8 state –
9 (a) the cause of action:
10 (b) the particulars of the claim;
11 (c) the name and place of abode of the intending plaintiff; and

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12 (d) the relief which he claims.

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13 20._ A notice, summons or other documents required or authorized to be served
14 upon the Commission under the provisions of this Bill or any other law or enactment
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15 may be served by delivering it to the Executive Secretary or by sending it by registered
16 post and addressed to the Executive Secretary at the principal office of the Commission.
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17 21._ The Governing Council shall have power to make regulations generally for the
Notice
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18 effective implementation and operation of this Bill.

19 22._ In this Act, unless the context otherwise requires –
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20 “Chairman” means the Chairman of Foreign Service Commission Governing Board

Power to make
21 appointed pursuant to section 2(1) of this Bill;
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regulations.
22 “Commission” means the Foreign Service Commission established under section 1
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23 of this Bill;
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24 "Executive Secretary” means the Executive Secretary of the Commission appointed Interpretation.

25 pursuant to section 9(1) of this Bill;

26 “member” means a member of the Foreign Service Commission Governing Board
27 appointed pursuant section 2(1) of this Bill and includes the Chairman; and
28 “Minister” means the Minister charged with the responsibility for foreign affairs,
29 and Ministry shall be construed accordingly;
30 23._ This Bill shall be cited as the Foreign Service Commission (Establishment, Etc.)
31 Bill, 2023.
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34 Short Title.

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 SCHEDULE
Section 2(4)
SUPPLEMENTARY PROVISIONS RELATING TO THE GOVERNING COUNCIL, ETC.

Proceedings of the Governing Council

1._ (1) Subject to this Act and section 27 of the Interpretation Act, the Governing Council may make
standing orders regulating its proceedings or those of any of its committees.

(2) The quorum of the Governing Council shall be the Chairman, or the person presiding at the
meeting and 4 other members of the Governing Council, and the quorum of any committee of the
Governing Council shall be determined by the Governing Council.

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2._ (1) The Governing Council shall meet not less than four times in each year and subject thereto,

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the Governing Council shall meet whenever it is summoned by the Chairman and if the Chairman is

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required to do so by notice given to him by not less than 4 other members, he shall summon a
meeting of the Governing Council to be held within 28 days from the date on which the notice is
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(2) At any meeting of the Governing Council the Chairman shall preside but if he is absent, the
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members present shall appoint one of their number to preside at that meeting.

(3) Where the Governing Council desires to obtain the advice of any person on a particular matter,
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the Governing Council may co-opt him to the Governing Council for such period as it deems fit, but a
person who is in attendance by virtue of this sub-section shall nor be entitled to vote at any meeting
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of the Governing Council and shall not count towards a quorum.

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Committees
3._ (1) The Governing Council may appoint one or more committees to carry out, on behalf of the
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Governing Council, such functions as the Governing Council may determine.

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(2) A committee appointed under this paragraph shall consist of such number of persons as may be
determined by the Governing Council and a person shall hold office on the committee in accordance
with the terms of his appointment.

(3) A decision of a committee shall be of no effect until it is confirmed by the Governing Council.

Miscellaneous
4._ (1) The fixing of the seal of the Commission shall be authenticated by the signatures of the
Chairman or any person generally or specifically authorized by the Governing Council to act for that
purpose and the Executive Secretary.

(2) Any contract or instrument which, if made or executed by a person not being a body corporate,
would not be required to be under seal, may be made or executed on behalf of the Commission by
the Executive Secretary or any person generally or specifically authorized by the Governing Council
to act for that purpose.

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(3) Any document purporting to be a document duly executed under the seal of the Commission
shall be received in evidence and shall, unless and until the contrary is proved, be presumed to be
so executed.

5._ The validity of any proceedings of the Governing Council or of a committee shall not be
adversely affected by –

(a) a vacancy in the membership of the Governing Council or committee; or

(b) a defect in the appointment of a member of the Governing Council or committee; or

(c) reason that a person not entitled to do so took part in the proceedings of the Governing Council
or committee.

6._ Any member of the Governing Council and any person sitting on the Governing Council or
committee, who has a personal interest in any contract, arrangement or matter to be considered by

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the Governing Council or committee thereof shall forthwith disclose his interest to the Governing

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Council or committee and shall not vote on any question relating to the contract, arrangement or

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matter.

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EXPLANATORY MEMORANDUM
The Bill, among other things, seeks to establish the Foreign Affairs Commission and vest it with the
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responsibility for the recruitment, training, discipline, promotion of foreign service officers, as well
as for the promotion and protection of Nigeria's national interest.
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