(2023)
SECTION 1
The objective of this Act is to set and enforce minimum standards, and provide Federal Government intervention or grants to enhance infrastructure for the overall development of senior secondary education in Nigeria.
Objective
SECTION 2
This Act shall apply for the purposes of providing grants for infrastructure to address infrastructural gap bedevilling senior secondary education in Federal Unity Colleges, the 36 States of the Federation and Abuja, Federal Capital Territory (FCT).
Application
SECTION 3
(1) There is established the National Senior Secondary Education Commission (“the Commission”).
(2) The Commission —
(a) shall be a body corporate with perpetual succession and a common seal;
(b) may sue or be sued in its corporate name; and
(c) may acquire, hold and dispose of property whether moveable or immoveable.
Establishment of the National Senior Secondary Education Commission
SECTION 4
(1) There is established for the Commission a Governing Board (“the Board”).
(2) The Board shall consist of—
(a) a part-time Chairman, who shall be an experienced educationist up to Ph.D. level with 20 years cognate experience;
(b) a representative each of the Federal Ministries responsible for education, and finance not below directorate cadre;
(c) a representative of each of the six geo-political zones of the Federation on rotational basis for a single term, who shall be an experienced educationist;
(d) a person to represent Abuja, Federal Capital Territory, who shall be an experienced educationist;
(e) a person each to represent — (i) the National Education Research and Development Council, (ii) the National Teachers Institute, (iii) the Nigerian Union of Teachers, (iv) the National Association of Proprietors of Private Schools (NAPPS), and Association of Private School Owners of Nigeria on a two years rotational basis, (v) Teachers Registration Council of Nigeria (TRCN), (vi) relevant examination bodies on a two years rotational basis, and (vii) all Nigeria Confederation of Principals of Secondary Schools;
(f) two persons appointed on merit to represent public interest; and
(g) the Executive Secretary of the Commission, who shall serve as the Secretary to the Board.
(3) The Chairman and other members of the Board other than ex-officio members shall be appointed by the President on the recommendation of the Minister.
(4) The supplementary provisions contained in the Schedule to this Act shall have effect with respect to the proceeding of the Board and matters provided in it. [schedule]
Governing Board of the Commission
SECTION 5
The Chairman and other members of the Board, other than ex-officio members shall hold office —
(a) for a term of four years in the first instance and may be re-appointed for a further term of four years and no more; and
(b) on such terms and conditions as may be specified in their letters of appointment.
Tenure of office
SECTION 6
(1) Notwithstanding the provisions of section 5 of this Act, a member of the Board shall cease to hold office as a member, where the member –
(a) resigns the appointment by one month notice in writing addressed to the President;
(b) is of unsound mind;
(c) is bankrupt or makes a compromise with his creditors;
(d) is convicted of a felony or any offence involving dishonesty or corruption;
(e) is incapable of discharging the functions of the office, whether arising from infirmity of mind, body or any other cause; or
(f) is guilty of misconduct.
(2) Where the President is satisfied that it is not in the interest of the Commission or the public for a member to continue in the office, the President may, in writing, remove the member.
(3) Where a vacancy occurs in the membership of the Board, it shall be filled by appointing a successor to represent the same interest for the unexpired term of office of such member.
Removal and cessation of membership
SECTION 7
The Chairman and members of the Board shall be paid such allowances and benefits as the Federal Government may direct.
Allowances and benefits of members of the Board
SECTION 8
The Board shall have power to —
(a) approve the policy guidelines for the operation of the senior secondary education programme in Nigeria;
(b) approve staff regulations and conditions of service;
(c) approve the structuring of the Commission into such number of departments and units as appropriate, in accordance with best practices for effective performance of the functions of the Commission;
(d) ensure strict adherence to the functions and mandates of departments and units as contained in the extra-ministerial rules and regulations guiding the conduct of the Commission; and
(e) perform any other function assigned to the Board under this Act.
Powers of the Board
SECTION 9
The Commission shall —
(a) prescribe and enforce the national minimum standards for senior secondary education in Nigeria;
(b) formulate policy on senior secondary education subject to the approval of the Federal Government;
(c) develop policy guidelines for the operation of senior secondary education programme in Nigeria;
(d) advise the Federal Government on the funding and development of senior secondary education in Nigeria;
(e) implement the senior secondary education programme in Nigeria;
(f) present periodic progress reports, subject to the approval of the Board, on the implementation of senior secondary education programme to the President through the Minister;
(g) identify areas of possible intervention in the provision of senior secondary education facilities;
(h) collate and prepare after consultation with the relevant stakeholders, periodic master plans for development of senior secondary education in Nigeria;
(i) coordinate the implementation of the senior secondary education related activities in collaboration with non-governmental and multi-lateral agencies;
(j) collaborate with the Nigeria Educational Research and Development Council (NERDC) to ensure effective research, development, implementation and monitor of curriculum for senior secondary education;
(k) develop and disseminate instructional materials for senior secondary education in Nigeria in collaboration with other relevant agencies;
(l) establish senior secondary education data bank and conduct research on senior secondary education in Nigeria;
(m) support national capacity building for teachers and managers of senior secondary education in Nigeria;
(n) regulate the implementation of the safe school initiatives in senior secondary schools in Nigeria;
(o) collaborate with relevant agencies and organisations to promote science, technology, engineering arts and design, and mathematics (STEAM), technical, vocational education and training (TVET) and entrepreneurial skills at senior secondary education level;
(p) collaborate with relevant examination bodies to monitor the conduct of external examinations at the senior secondary education level;
(q) collaborate with other relevant agencies and stakeholders to promote inclusive senior secondary education programmes in accordance with the provisions of this Act;
(r) collaborate with state governments to coordinate personnel audit of teaching and non-teaching staff of all senior secondary educational institutions in Nigeria;
(s) collaborate with donor agencies and other development partners on matters relating to senior secondary education; and
(t) perform such functions as the Minister may determine as are necessary or expedient to ensure the efficient performance of the functions of the Commission under this Act.
Functions of the Commission
SECTION 10
(1) There shall be for the Commission, an Executive Secretary, who shall be —
(a) appointed by the President on the recommendation of the Minister;
(b) the chief executive officer and accounting officer of the Commission; and
(c) responsible for the execution of the policy and the administration of the affairs of the Commission.
(2) A person shall not be qualified to be appointed as the Executive Secretary of the Commission unless the person possesses an academic qualification up to Ph.D. level in education and cognate experience of at least 20 years.
(3) The Executive Secretary shall hold office —
(a) for a term of five years in the first instance and may be re-appointed for a further term of five years and no more; and
(b) on such terms and conditions as may be specified in the letter of appointment.
(4) Notwithstanding the provisions of subsection (3), the Executive Secretary may —
(a) resign the appointment by notice in writing addressed to the President through the Board; or
(b) be removed by the President for —
(5) Notwithstanding the provisions of subsection (4), the Executive Secretary may be removed by the President, where the President is satisfied that it is not in the interest of the Commission or the public for the Executive Secretary to remain in office.
Appointment of the Executive Secretary
SECTION 11
(1) The Commission may, subject to the approval of the Board, appoint other staff as it deems necessary for the Commission —
(a) for the performance of its functions under this Act; and
(b) on terms and conditions with allowances and benefits as may be determined by the Board in consultation with the National Salaries Incomes and Wages Commission.
(2) Notwithstanding the provisions of subsection (1), staff of the Commission may be appointed by the Commission by way of transfer, secondment, deployment or posting from the Public Service of the Federation.
Staff of the Commission
SECTION 12
(1) Service in the Commission shall be approved service for the purpose of the Pension Reform Act and staff of the Commission shall be entitled to pensions, gratuities and other retirement benefits prescribed under the Pension Reform Act. [Act No. 4, 2014]
(2) Notwithstanding the provisions of subsection (1), nothing in this Act shall prevent the appointment of a person to any office on terms, which preclude the grant of pension, gratuity or other retirement benefit in respect of that office.
(3) For the purpose of the application of the provisions of the Pension Reform Act, any power exercisable by a Minister or other authority of the Federal Government, other than the power to make regulations under the Pension Reforms Act is vested in and shall be exercisable by the Board and not by any other person or authority.
Service in the Commission
SECTION 13
(1) Subject to the provisions of this Act, the Commission may make staff regulations relating generally to the conditions of service of the staff, and such regulations may provide for —
(a) the appointment, promotion and disciplinary control of staff of the Commission; and
(b) appeal procedure for staff against dismissal or other disciplinary measures, and until such regulations are made any instrument relating to conditions of service in the Public Service of the Federation shall be applicable, with such modifications as may be necessary, to the staff of the Commission.
(2) The staff regulations made under subsection (1) shall not have effect until approved by the Board, and where approved, the Commission shall cause a notice of the staff regulations to be issued to all affected staff in such manner as it may determine.
Staff regulations and discipline
SECTION 14
(1) The Commission shall maintain an account (“the Account”) into which shall be credited and be defrayed all the expenditure incurred by the Commission.
(2) There shall be paid into the Account maintained in subsection (1) of this Act —
(a) such budgetary allocations from the Federal Government for the running expenses of the Commission; and
(b) all other assets accruing to the Commission other than payment made under section 21 of this Act.
Account of the Commission
SECTION 15
The Commission may apply the proceeds of the Account established under section 14 (1) of this Act —
(a) to the cost of administration of the Commission;
(b) to a limit as to what the Commission will expend in accordance with financial regulations;
(c) to reimburse members of the Board or any committee set up by the Board, for such expenses as may be expressly authorised by the Board;
(d) to the payment of salaries, allowances, pensions, and other retirement benefits payable to the staff of the Commission, provided that no payment of any kind except as may be expressly authorised by the Board, shall be made to a person who is in receipt of emoluments from the Federal or State Government;
(e) for the maintenance of property vested in the Commission; and
(f) for other expenditure in connection with the functions of the Commission under this Act.
Expenditure of the Commission
SECTION 16
(1) The Commission shall, not later than 31 October in each year, submit to the Minister an estimate of its expenditure and income, including payments to the Fund, for the preceding year.
(2) The Commission shall keep proper accounts in respect of each financial year and proper records of every account and shall cause such accounts to be audited within six months after the end of each financial year by auditors appointed from the list of auditors and in accordance with the guidelines by the Auditor-General for the Federation.
Annual estimates and accounts
SECTION 17
The Commission shall prepare and submit to the President through the Minister, not later than six months after the end of each financial year, a report on the activities of the Commission during the preceding year and shall include in the report, a copy of the audited accounts of the Commission for that year and the auditor’s report on the accounts.
Annual reports
SECTION 18
(1) The Commission 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 Commission shall not accept any gift, where the conditions attached by the person or organisation making the gift are inconsistent with the functions of the Commission under this Act, any other law, or the Code of Conduct for public officers.
Power to accept gifts
SECTION 19
The Commission may, with the approval of the Minister, borrow by way of loan, overdraft or otherwise from any source, such sums as it may require for the performance of its functions and meeting its obligations under this Act.
Power to borrow
SECTION 20
The objectives of the National Senior Secondary Education Commission Fund are —
(a) to provide grants to the Federal Unity Colleges, 36 States Governments and Abuja, FCT for the provision of physical infrastructure for teaching and learning, instructional materials and laboratory equipment; [Commission Fund]
(b) to enhance science, technology, engineering, arts and design, and mathematics (STEAM), technical, vocational education, and training (TVET), entrepreneurial skills, teacher development, instructional materials, educational imbalance, physical and mentally challenged;
(c) to provide support services for the training, re-training and development of academic and non-academic staff; and
(d) for any other need as may be approved by the Board for the improvement and maintenance of quality standard in senior secondary education in Nigeria.
Objectives of the National Senior Secondary Education
SECTION 21
(1) There is established the National Senior Secondary Education Commission Fund (“the NSSEC Fund”) into which shall be paid —
(a) Federal Government allocations of at least 2% of the Consolidated Revenue Fund of the Federation;
(b) take off grants from the Federal Government for the Commission;
(c) money received by the Commission from endowments and fund-raising activities relating to senior secondary education; and
(d) money received as foreign aid, local and international donor grants for senior secondary education in Nigeria.
(2) For any state and the FCT to qualify for the Federal Government intervention under subsection (1) such State and the FCT shall —
(a) establish the Senior Secondary Education Board in accordance with this Act;
(b) contribute at least 5% of the total cost of project as its commitment in the execution of the project.
Establishment of the National Senior Secondary Education Commission Fund
SECTION 22
(1) The Commission shall disburse the money in the NSSEC Fund established under section 21 of this Act for the development of senior secondary education in Nigeria.
(2) the NSSEC Fund shall be disbursed by the Commission directly to —
(a) the Federal Unity Colleges; and
(b) State Senior Secondary Education Board, and the FCT Senior Secondary Education in accordance with the criteria set by the Commission.
(3) The Commission shall, before the disbursement of the money in the NSSEC Fund, set aside in each year 5% of the total money accruing to the NSSEC Fund in the preceding year, which shall be applied to —
(a) monitor and evaluate Federal Government’s interventions under this Act; and
(b) such other activities as legal service or any other activity incidental to the objectives of the NSSEC Fund.
(4) Notwithstanding the provisions of subsection (2) of this Act, the Commission shall have power to sanction any Senior Secondary Education Board that applied previous disbursement of the NSSEC Fund for other purposes contrary to the provisions of this Act.
Disbursement of the NSSEC Fund
SECTION 23
(1) For the purposes of implementation of the provisions of this Act, each State of the Federation and Abuja, FCT, shall establish a Senior Secondary Education Board, (‘the Education Board”), which shall consist of—
(a) a full-time Chairman who shall be — (i) an experienced educationist or administrator with a PhD. and 20 years cognate experience, and proven integrity, and (ii) the chief executive and accounting officer responsible for the administration of the Education Board;
(b) a representative each of the Ministries responsible for education and finance in Abuja, FCT or the State, not below the directorate cadre;
(c) representative of All Nigeria Confederation of Principals of Secondary Schools in Abuja, FCT or the State;
(d) a representative of the Commission, not below the directorate cadre;
(e) three members appointed from different Area Councils in the Abuja, FCT or from the three senatorial districts in the State in rotational basis for two years; and
(f) the Secretary to the Education Board of the Abuja, FCT or State.
(2) The Chairman, members and Secretary of the Education Board who are not ex- officio members shall be appointed by the Minister of Abuja, FCT or the Governor on a full time basis.
(3) Members of the Education Board, except Area Councils or senatorial districts representatives shall hold office —
(a) for a term of four years in the first instance and may be re-appointed for a further term of four years and no more; and
(b) on such terms and conditions as may be specified in their letters of appointment.
Establishment and composition of the State Senior Education Board
SECTION 24
(1) An Education Board shall establish and maintain a separate account into which shall be paid and credited money from the Federal or State Governments or any other source.
(2) There shall be disbursed from the account all expenses relating to the management of senior secondary education in the State.
Establishment of a separate account the Education Board
SECTION 25
The State and Abuja, FCT Senior Secondary Education Board shall be responsible for –
(a) the management of senior secondary school in the State and Abuja, FCT;
(b) the recruitment, appointment, promotion and discipline of teaching and non-teaching staff on grade level 07 and above;
(c) posting and deployment of staff, including intra state transfer;
(d) disbursing funds accruing to it from both Federal and State Government sources;
(e) setting up an effective functional monitoring and supervisory units in collaboration with the Commission;
(f) undertaking new capital projects;
(g) the training and re-training of teaching and non-teaching staff;
(h) accessing and funding of salaries and allowances of teaching and nonteaching staff based on the scheme of service approved by the State Government;
(i) ensuring that annual reports are rendered by heads of schools on teachers appointed to assist them;
(j) preparing testimonials and certificates of service for teaching and nonteaching staff whenever necessary;
(k) dealing with leave matters, including annual vacation;
(l) submission of an annual action plan of projects to be undertaking to the Commission; and
(m) performing such other functions as the Commission, may assign to it.
Functions and powers of the State and FCT Senior Secondary Education Boards
SECTION 26
(1) For the purpose of performing the functions conferred on the Commission under this Act, the Executive Secretary or any other officer of the Commission authorised in that behalf—
(a) shall have right of access to all the records of any institution or authority to which this Act applies; and
(b) may, by notice in writing served on any person in charge of any institution or authority, requiring that person or authority to furnish information on such matters as may be specified in the notice.
(2) A person or authority required to furnish information under subsection (1) shall comply within seven days of receipt of the notice.
Power to obtain information
SECTION 27
The Commission may, with the approval of the Board make regulations as are necessary for giving effect to the provisions of this Act.
Regulations
SECTION 28
The Minister may give the Commission directives of a general nature or relating generally to matters of policy with regards to the performance by the Commission of its functions, and it shall be the duty of the Commission to comply with such directives.
Directives by the Minister
SECTION 29
The National Secondary Education Commission Act, Cap. N73, Laws of the Federation of Nigeria, 2004 is repealed.
Repeal
SECTION 30
(1) The powers, duties, and functions of the National Secondary Education Commission established under the National Secondary Education Commission Act CAP N73, Laws of the Federation of Nigeria, 2004 (“the repealed Act”) are transferred to the Commission under this Act.
(2) Anything made, done or having effect under the repealed Act and having any resulting or continuing effect shall be treated as from the commencement of this Act, as if it were made or done by the Commission established under this Act.
(3) A person who before the commencement of this Act, was deployed, appointed or employed by the Commission established under the repealed Act shall continue in office and be deemed to have been deployed, appointed or employed by the Commission established under this Act.
(4) All assets, rights, liabilities and obligations of the Commission under the repealed Act shall, by virtue of this Act, be deemed to be that of the Commission established under this Act.
Savings and transitional provisions
SECTION 31
In this Act — “Account” means the Account of the Commission established under section 14 of this Act; “Authority” means the State Senior Secondary Education Board or its equivalent in Abuja, FCT and the Local Government Areas; “Board” means the Governing Board established for the Commission under section 4 of this Act; “Commission” means the National Senior Secondary Education Commission established under section 3 of this Act; “counterpart funding” means the amount paid by the State Governments as condition to access the grant from the Commission established under section 21 of this Act; “Education Board” means the State Senior Secondary Education Board established under section 23 of this Act; “educational imbalance” means unequal distribution of academic resources, including school funding, qualified and experienced teachers, books, and technologies to socially excluded communities; “ex-officio ” means a non-voting member who holds public office from a recognised association or Ministry, Department and Agency (MDA); “Federal Government” means the Federal Government of Nigeria; “institution” means a senior secondary school or any other institution in Nigeria recognised as such by the Commission, the Education Board or any other authority which benefits from the NSSEC Fund; “instructional materials” are the content or information conveyed within a course, which include the lectures, readings, textbooks, multimedia components, and other resources in a course; “member” means a member of the Board established under section 4 of this Act; “Minister” means the Minister charged with responsibility for matters relating to education; “NSSEC Fund” means the National Senior Secondary Education Commission Fund established under section 21 of this Act; “NSSEC Implementation Fund” means fund that covers the personnel, overhead and capital of the Commission; “physically and mentally challenged” means a physical or mental impairment that substantially limits one or more of an individual’s major life activities; and “technical, vocational education and training” refers to all forms and levels of education and training which provide knowledge and skills related to occupations in various sectors of economic and social life through formal, non-formal and informal learning methods in both school-based and work-based learning.
Interpretation
SECTION 32
This Act may be cited as the National Senior Secondary Education Commission Act, Citation 2023.
Citation
Section 4(4)
SUPPLEMENTARY PROVISIONS RELATING TO THE BOARD
Proceedings of the Governing Board
1. (1) Subject to this Act and to section 27 of the Interpretation Act, the Board may make standing orders regulating the proceeding of the Board or a committee.
(2) The quorum at a meeting of the Board shall not be less than one-third of the total number of the Board members present at the meeting.
Meeting
2. (1) The Board shall meet at least four times in each year.
(2) At any meeting of the Board, the Chairman shall preside but in his absence, the members present at the meeting shall appoint one of their number to preside at the meeting.
(3) Where the Board desires to obtain the advice of any person on a particular matter, the Board may co-opt him for such period as it deems fit, but a person co-opted by virtue of this subparagraph shall not be entitled to vote at any meeting of the Board and shall not count towards a quorum.
(4) Notwithstanding anything in this paragraph, the first meeting of the Board shall be summoned by the Minister.
Committees
3.(1) The Board may appoint one or more committees to carry out on behalf of the Board such functions as the Board may determine.
(2) A committee appointed under this paragraph shall consist of such number of persons, not necessarily all members of the Board, as may be determined by the Board and a person other than a member of the Board shall hold office on the committee in accordance with the terms of his appointment.
(3) A decision of a committee of the Board shall be of no effect until it is confirmed by the Board.
Miscellaneous
4. (1) The affixing of the seal of the Board shall be authenticated by the signature of the Chairman or any other member authorised generally or specially to act for that purpose by the Board.
(2) Any contract or instrument which, if made or executed by a person not being a body corporate, may not be required to be under seal may be made or executed on behalf of the Board by the Executive Secretary or any person generally or specially authorised to act for that purpose by the Board.
5. The validity of any proceedings of the Board or a committee shall not be affected by —
(a) any vacancy in the membership of the Board or a committee; or
(b) reason that a person not entitled to do so took part in the proceedings of the Board or a committee.
6. A member of the Board or a committee who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Board or a committee shall disclose his interest to the Board or committee and shall not vote on any question relating to the contract or arrangement.
