(2023)
SECTION 1
(1) There is established the Chartered Institute of Development Studies and Administration of Nigeria (in this Act referred to as “the Institute”).
(2) The Institute –
(a) shall be a body corporate with perpetual succession and a common seal;
(b) may acquire, hold and dispose of real and personal property; and
(c) may sue or be sued in its corporate name.
Establishment of the Chartered Institute of Development Studies and Administration of Nigeria
SECTION 2
The objectives of the Institute are to –
(a) determine what standards of knowledge and skill are to be attained by persons seeking to become members of the Institute and improve those standards;
(b) secure, in accordance with the provisions of this Act, the establishment and maintenance of a register of persons registered under this Act as members of the profession, and publication the lists of those persons;
(c) provide consultancy services in appropriate cases;
(d) arrange conferences, seminars, symposia and meetings; and
(e) perform other functions that are intended to facilitate the achievement of the objects contained in this Act.
The objectives of the Institute
SECTION 3
(1) There is established for the Institute, a Governing Council (in this Act referred to as the “the Council) charged with the responsibilities of the administration and general management of the Institute.
(2) The Council of the Institute shall consist of –
(a) a President of the Institute;
(b) 1st and 2nd Vice-Presidents;
(c) seven representatives of the founding members of the Institute;
(d) six representatives of membership of the Institute (one from each geopolitical zone of the country);
(e) immediate past Presidents of the Institute;
(f) a Registrar who shall also be the Secretary of the Council; and
(g) a representative each from the – (i) Federal Ministry responsible for education, and (ii) National Board for Technical Education.
Establishment of Governing Council and management
SECTION 4
(1) There is for the Institute a Chairman of the Council who shall be the pioneer President of the Institute to be appointed on that sole basis and shall hold office for an unlimited period except he resigns, dies or is permanently incapacitated.
(2) The provisions of the Schedule to this Act shall have effect with respect to the Council as specified in the Schedule. [Schedule]
Appointment of the Chairman of the Council of the Institute
SECTION 5
There shall be for the Institute a President and two Vice-Presidents who shall be chartered members or fellows of the Institute to be elected by the chartered members at an annual general meeting and holds office each for a term of two years from the date of election and shall not be eligible for re-election after two terms of two years each.
Election of President and Vice-Presidents of the Institute
SECTION 6
The Institute has power to do all things necessary and convenient to be done in connection with the performance of its functions and in particular, may –
(a) enter into contracts;
(b) charge fees for its services;
(c) make regulations for the conferment of charters;
(d) make penal regulations; and
(e) award honorary membership of the Institute to persons it deems worthy of such honour on terms and conditions prescribed by the Council and approved by the Institute in a general meeting.
Powers of the Institute
SECTION 7
(1) The Council shall appoint a Registrar who shall be the chief executive officer of the Institute.
(2) A person appointed as the Registrar shall have served the Institute for a period of at least two years preceding the date of his appointment.
(3) The Registrar shall prepare and maintain in accordance with the rules and regulations made by the Council, a register of –
(a) names;
(b) addresses;
(c) approved qualifications; and
(d) other particulars, of all persons who are entitled to be enrolled as fellows, members, associates or registered students, and who, in the manner prescribed by such rules, apply to be so registered.
Appointment of Registrar, and preparation of register
SECTION 8
(1) The Registrar shall be the Secretary to the Council and shall keep minutes of proceedings at all meetings of the Council.
(2) The Registrar shall –
(a) in accordance with the directions of the Council correct any entry in the register which the Council directs him to correct as being in the opinion of the Council and entry which was incorrectly made;
(b) make any necessary alterations to the particulars of registered members;
(c) record the names of the registered members who are in default for more than six months in the payment of annual subscriptions; and
(d) remove the names of defaulters from the registers as the Council may direct or require.
Functions of the Registrar
SECTION 9
(1) The Council may, on the recommendation of the Registrar appoint such other staff as it may consider necessary to assist the Registrar in the discharge of his duties.
(2) The employment of the Registrar and other staff shall be pensionable, in accordance with the terms and conditions of service in the Federal Government of Nigeria.
Other staff
SECTION 10
The register shall be in four parts for –
(a) fellows;
(b) members;
(c) associates; and
(d) registered students.
Content of the Register
SECTION 11
The Council may by regulations provide for the –
(a) manner of making entries in the register;
(b) manner of application for enrolment or registration in the register; and
(c) fees, including annual subscriptions payable to the Institute.
Regulations
SECTION 12
The Registrar shall –
(a) cause the registrar to be printed and published not later than two years from the coming into effect of this Act;
(b) thereafter in each year after the register is first published under paragraph (a), cause to be printed, published and put on sale a corrected edition of the register;
(c) cause a print of each of the register and of each list of corrections to be deposited at the principal office of the Institute; and
(d) make the register and lists so deposited available at all reasonable times for inspection by members of the public.
Publication of the register and list of corrections
SECTION 13
A print of an edition of the register published under this section by the Registrar (without prejudice to any other mode of proof) shall be admissible in any proceeding as evidence that any person specified in the register was so registered at the date of the edition, and that any person not so specified was not so registered.
Evidence of registration of the Institute
SECTION 14
(1) A person shall be entitled to be registered as a member of the Institute if he –
(a) passes the qualifying professional examination conducted by the Council and completes the practical training prescribed;
(b) holds a qualification accepted by the council as sufficient practical experience in Development Studies and Administration; or
(c) holds a qualification granted outside Nigeria which is recognised by the Council and he is by law entitled to practice the profession for all purposes in the country in which the qualification was granted.
(2) An applicant for registration shall, in addition to the evidence of qualification, satisfy the Council that he –
(a) is of good character;
(b) has attained the age of 18 years; and
(c) has not been convicted in Nigeria or elsewhere of an offence involving dishonesty.
(3) The Council may, provisionally accept a qualification produced in respect of an application for registration under this section, or direct that the application be renewed within such period as may be specified in the direction.
(4) An entry made under subsection (3), shall show that the registration is provisional and such entry may only be converted to full registration with the consent of the Council, signified in writing.
Qualification for membership
SECTION 15
The Council shall, periodically publish in the Federal Government Gazette particulars of qualifications acceptable for registration.
Publication in the Federal Government Gazette
SECTION 16
(1) Members admitted to the Institute shall be registered as Chattered Institute of Development Studies and Administrators in the categories of –
(a) Fellows;
(b) Members;
(c) Associate; or
(d) Registered Students.
(2) Persons accorded by the Council the status of Chartered Institute of Development Studies and Administrators, shall be entitled to the use of that name and shall be enrolled as –
(a) Fellows, if they are at least 35 years of age and – (i) 10 years relevant work experience in public organisations, (ii) have, for at least three years in the past 10 years, held relevant senior appointments in a public organisation, (iii) are holders of the professional qualifying certificate of the Institute, and (iv) are otherwise considered by the Council to be fit and proper persons to be so enrolled;
(b) Members, if they are 30 years of age or above and have – (i) passed a professional qualifying examination of the Institute, and (ii) at least eight years relevant work experience in a public organisation;
(c) Associates, if they are 21 years of age or above and have – (i) passed the professional qualifying examination of the Institute or any equivalent examination recognised by the Institute, or (ii) at least five years relevant work experience in a public organisation; or
(d) Registered Students, if they are 18 years of age or above and have passed with credits, West African School Certificate or General Certificate Examination O/Level or Senior Secondary Certificate Examination in five papers at no more than two sittings.
Designation of members
SECTION 17
(1) Fellow of the Chartered Institute of Development Studies and Administration of Nigeria shall be designated as FCIDSAN.
(2) A member of the Chartered Institute of Development Studies and Administration of Nigeria shall be designated as MCIDSAN.
(3) An Associate members of the chartered Institute of Development Studies and Administration of Nigeria shall be designated as ACIDSAN.
(4) Registered students registered for training shall become professional members only after satisfying specified qualification requirements for membership and pass prescribed examinations as approved by the Council for the Institute.
Designatory letters
SECTION 18
The Council may approve any course of training at any approved Institute which is intended for persons seeking to become or are already engaged in Chartered Institute of Development Studies and Administration and which the Council considers as being designed to confer on persons completing it sufficient knowledge and skill for admission into the Institute.
Approval for qualification
SECTION 19
(1) The Council shall keep itself informed of the nature of –
(a) instructions given at approved institutions to persons attending approved courses of training; and
(b) examination, the result of which qualifications are granted, and for the purpose of performing that function, the Council may appoint, either from among its own members or otherwise, persons to visit approved institutions to observe such instructions or examinations.
(2) The persons appointed under subsection (1) shall report to the Council on the sufficiency or otherwise of the instructions given to persons attending approved courses of training at institutions visited by them.
Supervision of instructions
SECTION 20
The President and Registrar shall be the joint signatory to certificates awarded by the Institute.
Signatory to certificates
SECTION 21
(1) There is established for the Institute a Fund into which shall be paid and credited –
(a) all fees, subscriptions and other money due to the Institute;
(b) gifts, loans, grant-in-aid, testamentary dispositions, endowments, contributions from philanthropic organisations;
(c) returns on investments made by the Institute and Funds of the Institute; and
(d) all other assets or money that may accrue to the Institute.
Fund of the Institute
SECTION 22
(1) The Council may invest the Fund of the Institute in accordance with the Security and Investment Act.
(2) The Institute may apply the proceeds of the Fund of the Institute to –
(a) the general administration of the Institute;
(b) the payment of the emoluments, fees and other entitlements of members of the Council;
(c) the payment of salaries, allowances or other remunerations and benefits payable to the officers and other employees of the Institute;
(d) the development and maintenance of any property vested in or owned by the Institute; and
(e) such other activities that will promote the growth of the Institute or are connected with its functions.
Investment of the Fund of the Institute
SECTION 23
The Council shall keep proper accounts for the Institute in respect to each financial year and proper records in relation to such accounts, and shall cause the accounts to be audited by a firm of auditors approved by the Council and the result of the audit published within six months from the end of the financial year to which the accounts relate.
Expenditure and audited account of the Institute
SECTION 24
(1) There is established the Chartered Institute of Development Studies and Administration of Nigeria Disciplinary Tribunal (in this Act referred to as “the Tribunal”) charged with the duty of considering and determining any case referred to it by the Investigating Panel established under subsection (3), and any other case which the Tribunal takes cognisance under of this Act.
(2) The Tribunal shall consist of a Chairman and six other members who shall be appointed by the Council from among members of the Institute who are not members of the Council.
(3) There is established the Chartered Institute of Development Studies and Administration of Nigeria Investigating Panel (in this Act referred to as “the Panel”) charged with the duties of –
(a) conducting a preliminary investigation into any case where it is alleged that a member has committed an act of professional misconduct, or should for any other reason be the subject of proceedings before the Tribunal; and
(b) deciding whether the case shall be referred to the Tribunal after affording such a member an opportunity of being heard either personally or by a legal practitioner of his own choice in Nigeria.
(4) The Council shall appoint members of the Panel from members of the Institute who are not members of the Council or the Tribunal.
(5) A person shall not be appointed as a member of the Tribunal or of the Panel unless such a person is a Chartered Member or Fellow of the Institute.
(6) The Council may make rules consistent with this Act as to acts, conducts or omissions which constitute professional misconduct.
Establishment of Disciplinary Tribunal and Investigating Panel
SECTION 25
(1) Where –
(a) a person enrolled or registered under this Act is adjudged by the Tribunal to be guilty of infamous conduct in any professional respect;
(b) a person enrolled or registered under this Act is convicted by any court or tribunal in Nigeria or elsewhere having power to impose a term of imprisonment for an offence, whether or not punishable with imprisonment, which is in the opinion of the Tribunal is incompatible with the status of a development studies and administrators professional; or
(c) the Tribunal is satisfied that the name of any person has been fraudulently enrolled or registered, he commits an offence and is liable on conviction to imprisonment for a term not exceeding five years.
(2) The Tribunal may, if it deems fit –
(a) give a directive reprimanding that person or ordering the Registrar to strike his name off the relevant part of the register; or
(b) defer or further defer its decision as to the giving of such directive under this section until a subsequent meeting of the Tribunal but (i) no decision shall be deferred under this section for period exceeding one year in the aggregate, and (ii) no person shall be a member of the Tribunal for the purposes of reaching a decision which has been deferred or further deferred unless he was present as a member of the Tribunal when that decision was deferred.
(3) For the purpose of subsection (1) (b), a person shall not be treated as convicted unless the conviction stands at a time when no appeal or further appeal is pending or no application for extension of time to appeal is brought in connection with the conviction.
(4) When the Tribunal gives a directive under subsection (2), the Tribunal shall cause notice of the directive to be served on the person to whom it relates.
(5) The person to whom a directive under subsection (2) relates may, at any time within 21 days from the date of service on him of notice of the directives, appeal against the directives to the Federal High Court and the Tribunal may appear as respondent to the appeal and for the purpose of enabling directives to be given as to the costs of the appeal proceedings before the Federal High Court, the Tribunal shall be deemed to be a party to it whether or not it appears at the hearing of the appeal.
(6) A directive on the Tribunal under this section shall take effect where –
(a) no appeal under this section is brought against the directive within the time limited for appeal;
(b) such an appeal is brought and is withdrawn or struck out for want of prosecution on the withdrawal or striking out of appeal; or
(c) such appeal is brought and is not withdrawn or stuck out, if and when the appeal is dismissed, and shall not take effect except in accordance with provisions of this subsection.
(7) A person whose name is struck off the register under a directive of the Tribunal in this section shall not be entitled to be registered again except under a directive in that behalf given by the Federal High Court on the application of that person.
(8) A directive under this section for the striking off of a person’s name from the register may prohibit an application under this subsection by that person until the expiration of such period from the date of the directive, and where he has recently made such an application from the date of his last application, as may be specified in the directive.
Penalties for professional misconduct
SECTION 26
(1) A person who, for the purpose of procuring the registration of any name, qualification or other matter –
(a) make a statement which he believes to be false in a material particular; or
(b) recklessly make a statement which is false in a material particular, commits an offence.
(2) Where, on or after the commencement date of this Act, a person who is not a member of the Institute practices or holds himself out as a member in expectation of a reward or takes or uses any name, title, addition or description implying that he is a member, he commits an offence.
(3) Where the Registrar or any other person employed by or on behalf of the Institute willfully make any falsification in any matter relating to the register, he commits an offence.
(4) A person who commits an offence under this section is liable –
(a) on summary conviction to a fine not more than N50,000; or
(b) on conviction or indictment to a fine not more than N20,000 or imprisonment for a term not more than two years or both.
Offences
SECTION 27
In this Act – “Council” means the Governing Council of the Institute established under section 3 (1) of this Act; “development” means act of improving by expanding or enlarging or refining; “studies” mean the devotion of time and attention to acquiring knowledge on an academic subject especially by means of books; “administration” a method of tending to or managing affairs of some group of people; “fees” includes annual subscription; “Institute” means the Chartered Institute of Development Studies and Administration of Nigeria established under section 1 (l) of this Act; “Investigating Panel” means the Chartered Institute of Development Studies and Administration of Nigeria Investigating Panel established under section 24 of this Act; “member” means a chartered member of the Institute registered in all the classes of membership; “Chairman” means the overall head of the Council of the Institute; “President” means the head of the Institute’s administration; and “Tribunal” means the Chartered Institute of Development Studies and Administration of Nigeria Tribunal established under section 24 of this Act.
Interpretation
SECTION 28
This Act may be cited as the Chartered Institute of Development Studies and Administration of Nigeria (Establishment) Act, 2023.
Citation
Section 4 (2)
SUPPLEMENTARY PROVISIONS RELATING TO THE COUNCIL
Qualification and tenure of office of members
1. (1) Subject to the provisions of this paragraph, a member of the Council shall hold office for a term of two years beginning from the date of his appointment or election.
(2) Any member of this Institute who ceases to be a member shall if he is also a member of the Council, cease to hold office on the Council.
(3) Any elected member of the Council may by notice in writing under his hand, addressed to the President of the Institute resign his office.
(4) If for any reason there is a vacation of office by a member and —
(a) such member was appointed by the Minister, the Minister shall appoint another fit and proper person to replace such member; or
(b) if such member was elected, the Council may, if the time between the unexpired portion of the term of office and the annual general meeting of the Institute appears to warrant the filling of the vacancy, co-opt some fit and proper persons.
Power of the Council
2. The Council shall have power to do anything, which in its opinion is calculated to facilitate the execution of the activities of the Institute.
Orders of the Institute
3. (1) Subject to the provision of this Act, the Council may, in the name of the Institute, make standing orders regulating the proceedings of the Institute, the Council or any of their committees.
(2) Standing orders shall provide for decisions to be taken by a majority of the members and in the event of equality of votes, the President of the Institute or the Vice- President as the case may be has a second or casting vote.
(3) Standing orders made for committees shall provide for committees to report back to the Council on any matter referred to it by the Council.
(4) The quorum of the Council shall be eight and the quorum of a committee of the Council shall be determined by the Council.
Meetings of the Institute
4. (1) The Council shall convene an annual general meeting of the Institute on the 30th day of September every year or such other day as the Council may appoint, where the meeting is not held within one year after the previous meeting not more than 15 months shall elapse between the respective dates of the two meetings, and the President of the Institute shall oversee a special meeting of the Institute.
(2) A special meeting of the Institute may be convened by the Council at any time, if less than 20 members of the Institute are informed by notice in writing addressed to the Registrar of the Institute setting out the objects of the proposed meetings, the Chairman of the Council shall convene a special meeting of the Institute.
Meetings of the Council
5. (1) Subject to the provisions of any standing order, the Council shall meet whenever it is summoned by the President, and if the President is required to do so by notice in writing given to him by not less than seven other members, he shall summon a meeting of the Council to be held within seven days from the day on which the notice is given.
(2) At any meeting of the Council, the President or in his absence, the Vice-President in their order (1st, 2nd) shall preside, but if both are absent, the members present at the meeting shall appoint one of them to preside at the meeting.
(3) Where the Council desires to obtain the advice of any person on particular matter, the Council may co-opt him as a member for such period as the Council deems fit, but a person who is a member by virtue of this subparagraph, shall not be entitled to vote at any meeting of the Council and shall not count towards a quorum.
(4) Notwithstanding anything in the provisions of this paragraph, the first meeting of the Council shall be summoned by the Minister who may give such directions as he thinks fit as to the procedure which shall be followed at the meeting.
Meetings of the Committees
6. (1) The Council may appoint one or more committees to carry out on behalf of the Institute or the Council, such function as the Council may determine.
(2) A committee appointed under this paragraph shall consist of the number of persons determined by the Council of whom not more than one-third may be persons who are not members of the Council and a person other than a member of the Council shall hold office on the committee in accordance with the terms of the instrument by which he is appointed.
(3) A decision of a committee of the Council shall be of no effect until it is confirmed by the Council.
Miscellaneous
7. (1) The fixing of the common seal of the Institute shall be authenticated by the signature of the President or any other member of the Council authorised generally or specially by the Institute to act for that purpose.
(2) Any contract or instrument which, if made or executed by person not being a body corporate, would not be required to be under seal, may be executed on behalf of the Institute or the Council, as the case may require, by any person generally or specially authorised to act for that purpose by the Council.
(3) Any document purporting to be a document duly executed under the seal of the Institute shall be received in evidence and shall, unless the contrary is proved, be deemed to be executed.
8. The validity of any proceeding of the Institute or the Council or of a committee of the Council shall not be adversely affected by any vacancy in membership, or by any defect in the appointment of a member of the Institute or of the Council or of a person to serve on the committee or by reason that the person is not entitled to do so took part in the proceedings.
9. Any member of the Institute or Council and any person holding office on a committee of the Council, who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Council or a committee, shall immediately disclose his interest to the President or Council, as the case may be, and shall not vote on any question relating to the contract or arrangement.