(2023)
SECTION 1
(1) There is established the Nigerian Institute of International Affairs (in this Act referred to as “the Institute”) which shall have the functions assigned to it by this
(2) The Institute shall be a —
(a) body corporate with perpetual succession and a common seal, and
(b) center of excellence for the scientific study of international affairs.
(3) The governance of the Institute and the management of its affairs shall vest in the Council of the Institute (in this Act referred to as “the Council”).
(4) The provisions of the First Schedule to this Act relating to the — [First schedule]
(a) membership, powers and the proceedings of the Council,
(b) committees of the Council, and
(c) other matters mentioned in it, shall have effect as prescribed in it.
(5) The Institute shall be exempted from stamp duties.
Establishment of the Nigerian Institute of International Affairs
SECTION 2
The objectives of the Institute are to —
(a) encourage and facilitate the understanding of international affairs and the circumstances, conditions and attitudes of foreign countries and their peoples, and international organisations;
(b) provide and maintain means of information upon international questions and promote the study and investigation of international questions using conferences, lectures and discussions, and by the preparation and publication of books, records, reports, or otherwise as may seem desirable to develop a body of informed opinions on world affairs;
(c) establish contacts with other organisations with similar objects.
(d) provide a nursery of ideas on the direction in international affairs that Nigeria should take, to provide a meeting ground for people of all nations and rich soil for the cross-fertilisation of their ideas, to be accomplished through painstaking research, conferences, seminars, workshops, roundtable discussions, and public lectures on crucial issues in world affairs;
(e) serve as a national body of expertise for all matters relating to international affairs;
(f) oversee the implementation and monitoring of national standards for international affairs;
(g) consult with and make recommendations to the government, regulatory bodies, trade associations, academic community and other professional bodies on all matters relating to international affairs;
(h) encourage an open exchange of ideas, cooperation with individuals, corporate bodies and governments in the pursuit of its mandate; and
(i) focus on research in areas such as international politics, international land organisation, international economic relations, security and strategic studies, as well as African politics and integration.
Objectives
SECTION 3
(1) Subject to the provisions of this Act, the Institute is charged with the general function of promoting the scientific study of international politics, international economic relations and international law and without prejudice to the generality of the foregoing provisions, the Institute shall —
(a) provide such information to the Government of the Federation and members of the public with respect to matters concerning international affairs;
(b) provide facilities for the training of Nigerian diplomats and personnel and those of other countries whose vocations relate to international affairs;
(c) promote and encourage the study and research into all aspects of international affairs;
(d) organise international seminars and conferences on any matter relating to its object;
(e) promote and undertake such other activities as may in the opinion of the Institute, be necessary for the attainment of the objects of the Institute;
(f) facilitate training and retraining of foreign service personnel to enable them develop the capacity to represent Nigeria in such critical areas as diplomacy, trade, investment, security and other issues, thereby, strengthening Nigeria’s foreign policy for increased output and reciprocal gains in accordance with the objectives and mandate of the Institute;
(g) be responsible for setting the policy agenda and foreign service goals in accordance with Nigeria’s foreign policy objectives, as stipulated in section 19 of the Constitution of the Federal Republic of Nigeria, 1999; [Cap. C23, LFN, 2004]
(h) serve as an intellectual base upon which decision-makers rely for informed opinion and expert advice in order to make rational choices between contending policy options;
(i) determine and establish national standards of knowledge, proficiency and achievement in international affairs management and administration, and provide a means for recognition by the Institute of those who attain the standards;
(j) serve as a centre of excellence in research, training, and enlightenment of the Nigerian public on issues concerning the country’s foreign policy and general developments in world affairs;
(k) consider and make recommendations on socio-economic issues that impact international affairs in relation to overall national development;
(l) examine, appraise and advise on the position of international relations and conditions of employment;
(m) make recommendations to the Minister of foreign affairs on the formulation of regulations as may be required for the implementation of foreign affairs legislation in Nigeria;
(n) co-operate with colleges and university schools of international and public affairs and other related professional schools and associations to develop and run programmes of study relating to international relations, international law and organisations, international economic relations, security and strategic studies, African studies, Asian studies and European studies;
(o) promote competent and productive senior staff from one grade to another; and
(p) carry out such other functions or responsibilities as may be conferred upon it by any other enactment or law or as the President or Minister may request.
(2) The Institute shall be the supervisory authority for this Act and shall for that purpose
(a) register and regulate international relationship professional practice activities, and control and supervise their activities with a view to maintaining proper standards of conduct and acceptable administration practices;
(b) make rules consistent with the provisions of this Act, for the proper functioning of institutions under this Act;
(c) take measures to protect the interests of foreign information subjects;
(d) protect the integrity of the international affairs system in Nigeria against any abuses;
(e) impose penalties for the breach of this Act and Regulations made under it;
(f) undertake such other activities as are necessary or expedient for giving effect to the provisions of this Act;
(g) perform such other functions which, in the opinion of the Institute, may be required to ensure the optimal efficiency and performance of the Institute; and
(h) perform other functions specified under this Act.
Functions of the Institute
SECTION 4
Except as otherwise provided in this Act, this Act shall apply to all —
(a) matters relating to international affairs as well as African politics and integration;
(b) persons, organisations and institutions relating to international affairs;
(c) matters relating to research, training, and enlightenment of the Nigerian public on issues concerning the country’s foreign policy and general developments in world affairs; and
(d) matters relating to the scientific study of international relations, economics and international law and without prejudice to the generality of the foregoing provisions.
Scope and application
SECTION 5
(1) Subject to this section and section 6 of this Act, there shall be in the employment of the Institute, such number of officers and staff as may appear expedient and necessary to the Council, for the proper and efficient performance of the functions of the Council.
(2) The Institute may exercise any of the powers and perform any of the functions and duties conferred on the Institute by this Act through or by any of its officers and staff duly authorised by the Council in that behalf, unless otherwise precluded by this Act,
(3) Appointment of officers and staff of the Institute, other than those referred to in this section and section 6 of this Act, shall be made by an Appointments and Promotion Committee, which shall be set up by the Council after consultation with the Director-General.
(4) The Appointments and Promotion Committee shall be presided over by the Director- General and shall comprise of—
(a) a member of the Council, other than the Director-General, to be appointed by the Chairman; and
(b) a Professor each of— (i) political science, (ii) history, (iii) law, and (iv) economics, to be drawn from Nigerian universities.
(5) Officers and staff of the Institute shall be responsible directly to the Director- General and the power to appoint junior officers of grade level 07 and below shall be exercised by the Director-General.
Officers and staff of the Institute
SECTION 6
(1) There shall be an officer of the Institute to be known as the Director-General, who shall be appointed by the President.
(2) The Director-General shall be the chief executive officer of the Institute.
Director-General of the Institute
SECTION 7
(1) There shall be appointed by the Council for the Institute, the —
(a) Director of Administration, who shall — (i) be responsible to the Director-General for administrative work of the Institute, (ii) act as Secretary to the Council and, where no other person is so designated, acts as Secretary to any of its’ committees; and (iii) hold office for one term of five years only;
(b) Director of Research, who shall — (i) be selected from within or outside the Institute, (ii) be responsible to the Director-General for coordinating the research staff and research projects of the Institute and the collection and publication of research materials, and (iii) hold office for one term of five years only;
(c) Director of Library and Documentation Services, who shall be responsible to the Director-General for the activities and maintenance of the library of the Institute and hold office for one term of five years only;
(d) Director of Finance who shall be responsible to the Director-General for the administration and control of the financial affairs of the Institute and hold office for one term of five years only;
(e) Director of Studies who shall be responsible to the Director-General for the administration of the Postgraduate School of the Institute and hold office for one term of five years only; and
(f) Director of International Corporation and Public Affairs who shall be responsible for the coordination of the Institute’s engagements, with international partners and shall be responsible to the Director-General in the execution of such duties and hold office for one term of five years only.
Appointment of Directors of the Institute
SECTION 8
(1) The power to discipline, suspend, reprimand and interdict any officer or staff above grade level 07 shall be exercised by the Appointments and Promotion Committee: Provided that any officer or staff who is aggrieved by the decision of the Appointments and Promotion Committee may appeal to the Council through the Director-General.
(2) The power to appoint and discipline junior officers of grade level 07 and below shall be exercised by the Director-General.
Discipline and termination of appointment of officers and staff
SECTION 9
(1) There is established the Postgraduate School of the Institute (in this Act referred to as (“the Postgraduate School”)
(2) The Postgraduate School shall consist of—
(a) an Academic Board;
(b) a Postgraduate Committee; and
(c) the Coordinator of Postgraduate School.
(3) The Postgraduate School shall be responsible for coordinating and conducting courses of instruction for the award of Postgraduate Diploma (PGD) and Master Degrees in International Relations, Diplomatic Practices and other related courses.
Establishment of the Postgraduate School of the Institute
SECTION 10
(1) There is established an Academic Board of the Institute (in this Act referred to as “the Academic Board”), the constitution and procedure of which shall, subject to the provisions of this Act, be in accordance with such provisions as may be made by Council in that behalf.
(2) The Academic Board shall consist of the following members —
(a) Director of Studies;
(b) Director of Research;
(c) Professors of the Institute;
(d) the Coordinator of the Postgraduate School;
(e) two Senior Research Fellows to be appointed by the Director-General; and
(f) any other Research Fellow that the Director-General may think fit to appoint.
(3) The tenure of members of the Board shall be for a term of four years.
(4) The Academic Board shall be the supreme academic authority of the Institute and shall be responsible for all academic matters relating to the conduct of courses of instructions and award of Postgraduate Diploma (PGD) and Master Degrees in International Relations, Diplomatic Practices and other related courses.
(5) The Academic Board may make regulations for the purpose of performing any function conferred on it, to make provision for any matter authorised or required by this Act or by statute.
(6) The functions of the Academic Board are to —
(a) establishment, organise and control the quality of the courses of instruction by departments, tutors, and other teaching and research units of the Institute;
(b) conduct examinations, including the appointment of examiners, both internal and external;
(c) award certificates, diplomas, degrees and postgraduate degrees, and such other qualifications as may be prescribed, in connection with examinations held;
(d) make recommendations to the Council with respect to the award to any person of an honorary fellowship or honorary degree;
(e) supervise the welfare of students at the Institute and the regulation of their conduct;
(g) grant fellowships, scholarships, prizes and similar awards in so far as the awards are within the powers of the Institute;
(h) consider and prescribe the scope and content of courses of instruction leading to the award of degrees, diplomas, certificates or other distinction of the Institute on the recommendation of the Postgraduate Committee; and
(i) keep under review the Institute’s academic programmes and ensure their quality and relevance in the fulfillment of the Institute’s general mandate.
Establishment of the Academic Board of the Institute
SECTION 11
(1) The Visitor to the Postgraduate School of the Institute shall be the President of the Federal Republic of Nigeria.
(2) The Visitor may conduct a visitation of the Institute in person, or after consultation with the Director-General, direct that the visitation shall be conducted by such person or persons as he may appoint in that behalf, for the purpose of advising on the effective fulfilment of the objects and the performance of the functions of the Institute as prescribed by law.
(3) The officers, members, authorities, employees of and persons otherwise connected with the Institute shall make available to the Visitor and any other person or persons conducting a visitation under this section, such facilities and assistance as he or they may reasonably require for the visitation.
The Visitor
SECTION 12
(1) The Congregation of the Institute shall consist of—
(a) the Director-General;
(b) the Director of Studies;
(c) the Director of Research;
(d) the Director of Library and Documentation;
(e) the Director of Administration;
(f) the Director of International Cooperation and Public Affairs;
(g) the Coordinator of Postgraduate School;
(h) the Director of Finance;
(i) the full-time members of the academic staff; and
(j) every member of the administrative staff who holds a degree, other than an honorary degree, of any Institute recognised for the purposes of this Act by the Director-General.
(2) The Di rector-General shall be the Chairman at all meetings of Congregation when the Director-General is present, and when he is absent any of the Directors of the Institute shall be the Chairman of the meeting.
(3) The quorum of Congregation shall be one-third or the whole number nearest to one- third of the total number of members of Congregation.
The Congregation
SECTION 13
(1) A Convocation for the conferment of degrees and other academic titles and distinctions of the Institute shall be held once every two years at such time and place as shall be determined by the Council, and the degrees, academic titles and distinctions shall be conferred by the person presiding at the Convocation.
(2) A Convocation shall be presided over by the Chairman of Council of the Institute or in the absence of the Chairman by the Director-General or in the absence of both the Chairman and the Director-General by the Director of Studies.
(3) The procedure for summoning Convocation, for the presentation of graduates and other persons for awards and the conferring of degrees, academic titles and distinctions in absentia, and all other matters relating to Convocation, shall be determined by the Council of the Institute.
Convocation Ceremony
SECTION 14
(1) The Convocation shall consist of—
(a) the following statutory and designated officers of the Institute — (i) the Chairman of Council, (ii) the Fellows of the Institute, (iii) the Director-General, (iv) the Director of Administration, (v) the Director of Library and Documentation Services, (vi) the Director of Finance, (vii) the Director of Studies, (viii) the Director of Research, (ix) the Director of International Cooperation and Public Affairs, and (ix) the Coordinator of Postgraduate School;
(b) all Research Fellows within the meaning of the Act; and
(c) all other persons whose names are registered in accordance with subsection (2).
(2) A person shall be entitled to have his name registered as a member of Convocation if—
(a) the person is either a graduate of the Institute or a person satisfying such requirements as may be prescribed for the purposes of this subsection; and
(b) applies for the registration of his name in the prescribed manner and pays the prescribed fees.
(3) Regulations shall provide for the establishment and maintenance of a register for the purpose of this paragraph and, subject to subsection (4) may provide for the payment of further fees by persons whose names are on the register and for the removal from the register of the name of any person who fails to pay those fees.
(4) The person responsible for maintaining the register shall, without the payment of any fees, ensure that the names of all persons who are for the time being members of Convocation by virtue of subsection (1) (a) or (b) are entered and retained on the register.
(5) The quorum of Convocation shall be one third or the whole number nearest to one third or the whole number of members of Convocation, whichever is less.
(6) The Chairman of Council shall be Chairman of all meetings of Convocation when the Chairman is present, and in the absence of Chairman, the Director-General shall be the Chairman at the meeting.
(7) Convocation shall have such functions, in addition to the function of appointing a member of the Council, as may be provided by statute or regulations.
Membership of convocation
SECTION 15
(1) There is established a Postgraduate Committee which shall consist of—
(a) the Director-General;
(b) the Director of Studies;
(c) the Coordinator of Postgraduate School; and
(d) persons or tutors of courses of instruction of the Postgraduate School.
(2) The Postgraduate Committee shall advise the Director-General or the Academic Board on any matter referred to it by the Director-General or the Academic Board.
(3) The Postgraduate Committee shall —
(a) establish, organise, control and supervise halls of residence and similar facilities at the Institute;
(b) supervise the welfare of students at the Institute and the regulation of their conduct;
(c) determine the descriptions of dress that shall be academic gown for the purpose of the Institute and regulate the use of academic gowns;
(d) consider and approve the scope and funding of research projects submitted by departments and members of academic staff commissioned by the Institute; and
(e) consider and prescribe the scope and content of courses of instruction leading to the award of diplomas, certificates and degrees or other distinction of the Institute and make recommendations to the Academic Board.
Establishment of the Postgraduate Committee
SECTION 16
There shall be a Graduate Association of the Institute, the constitution, functions and procedure of which shall, subject to the provisions of this law, be such as may be prescribed in a regulation by the Institute.
Graduate Association
SECTION 17
(1) The power of the Institute to make statutes shall be exercised in accordance with the provisions of this section and not otherwise.
(2) A proposed statute shall not become law unless it has been approved —
(a) at a meeting of the Institute’s Academic Board, by the votes of at least two- thirds of the members present and voting; and
(b) at a meeting of the Council, by the votes of at least two-thirds of the members present and voting.
(3) A proposed statute may originate either in the Institute’s Academic Board or in the Council, and may be approved as required by subsection (2), by either one of those bodies before the other.
(4) A Statute which —
(a) makes provision for or alters the composition or constitution of the Council, Academic Board or any other authority of the Institute, or
(b) provides for the establishment of a new department or school, or for the amendment or revocation of any statute whereby a department or school is established, shall not come into operation unless it has been approved by the Council.
Mode of exercising power to make statutes
SECTION 18
(1) Service in the Institute shall be public service for the purposes of the Pension Reform Act and accordingly, pension is contributory and officers and staff are entitled to pensions, gratuities and other retirement benefits on a pro-rata basis as prescribed by the Pension Reform Act. [Act No. 4,2014]
(2) Notwithstanding anything to the contrary in the Pension Reform Act, the compulsory retirement age of academic staff of the Institute shall be 65 years.
(3) A law or rule requiring a person to retire from the public service after serving for 35 years shall not apply to an academic staff of the Institute.
Pensions
SECTION 19
(1) Membership of the Institute shall be open only to persons who are citizens of Nigeria and to non-Nigerians on the recommendation of the Council and approval of the President.
(2) The members of the Institute shall promote and undertake such things as may be deemed necessary for the attainment of the objects of the Institute
(3) Subject to any regulations made in this Act, any person who immediately before the appointed day was a member of the Institute shall on that day become a member of the Institute under this Act.
Membership of the Institute
SECTION 20
(1) The Institute shall establish and maintain a fund (in this Act referred to as “the Fund”) which shall be applied towards the promotion of the objects of the Institute.
(2) There shall be paid and credited to the Fund established under subsection (1) —
(a) such money as may be appropriated to the Institute by the Federal Government or a State Government;
(b) all money as may be raised for the purposes of the Institute, by way of gifts, loans, grants in aid, testamentary disposition or otherwise;
(c) all interests received in respect of money invested by the Institute; and
(d) all other assets accruing to the Institute.
(3) The Fund shall be managed in accordance with rules made by the Minister responsible for finance and without prejudice to the generality of the power to make rules under this subsection, the rules shall, in particular, contain provisions —
(a) specifying the manner in which the assets of the Fund are to be held, and regulating the making of payments into and out of the Fund;
(b) requiring the keeping of proper accounts and records for the purposes of the Fund in such form as may be specified in the rules;
(c) for ensuring that the accounts are audited periodically by auditors appointed from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation; and
(d) requiring copies of the accounts and of the auditor’s report on them to be furnished to the President through the Ministry of Foreign Affairs.
The Fund
SECTION 21
(1) Subject to subsection (2), the Institute may accept gifts of land, money or other property, upon such terms and conditions, if any, as may be specified by the person or corporate body making the gift.
(2) The Institute shall not accept any gift if the conditions attached to the gift by the person or corporate body making the gift are inconsistent with the functions of the Institute.
Power to accept gifts
SECTION 22
(1) The Institute may, as the Council directs, apply the Fund —
(a) to the cost of the administration of the Institute and for the purposes of any research under its administration;
(b) to the provision of fellowships and other awards, for the training of persons in international relations;
(c) for reimbursing members of the Institute or members of any committee of the Council or the Director-General;
(d) to the payment of the salaries, fees or other remuneration or allowances payable to the officers and staff of the Institute, so however that no payment of any kind under this paragraph, except such as may be expressly authorised by the Minister, shall be made to any person who is in receipt of emoluments from the Federal or a State Government;
(e) for the maintenance of any property vested in the Institute or under its administration; and
(f) for and in connection with all or any of the functions of the Institute under this Act or any other enactment.
(2) Except as provided for in subsection (1), no other remuneration shall be paid to any member of the Council or of any committee.
Expenditure of the Institute
SECTION 23
(1) The Council may, with the consent of or in accordance with the general authority given by the President, borrow, by way of loan from any source, any money required by the Council for meeting its obligations and performing the functions of the Institute under this Act;
(2) The Council may, subject to the provisions of this Act and the conditions of any trust created in respect of any property, invest all or any of its funds as may be approved by the President;
(3) The Minister may, with the approval of the President, issue directives to the Council as to the investment of surplus funds of the Institute.
Power to borrow
SECTION 24
The Institute shall within six months after the end of each financial year, submit to the President, annual report on the activities of the Institute and its administration during the last preceding year.
Annual report
SECTION 25
(1) The Institute shall provide and maintain a digital library comprising internet facilities, books, publications and e-books or e-joumals library, as may be provided by the Council, for the advancement of knowledge of international affairs and relations, for research purposes, and for other purposes concerned with the objects and functions of the Institute.
(2) A certified true copy of every treaty entered into by the Federal Republic of Nigeria shall be deposited at the library of the Institute.
Provisions of library facilities
SECTION 26
(1) The Council may, subject to the provisions of this Act, make regulations generally for the purposes of this Act, and without prejudice to the generality of the regulations may provide for —
(a) the functions and responsibilities of the Director-General and the secretary;
(b) the disciplinary control of all officers and staff of the Institute;
(c) matters concerning — (i) membership of the Institute, (ii) annual subscriptions, (iii) annual general meetings and extraordinary general meetings of the members of the Institute, the regulations of the conduct of the meetings, and matters which may be dealt with at such meetings, and (iv) appointment to the offices of Patron and Vice Patrons of the Institute; and
(d) such other matters as the Minister may approve.
(2) Notwithstanding anything in the provisions of this section, the first meeting of the Council shall be summoned by the Minister, on such day after the appointed day, as he may think fit.
(3) Regulations made under subsection (1) shall not have effect until they are approved by the Council, and when so approved they shall be published in the Federal Government Gazette.
Regulations
SECTION 27
The Institute shall operate under the terms of Federal Public Service Rules and the remuneration, tenure and conditions of service of employees of the Institute, including the Director-General, shall be as those applicable to staff in Nigerian universities or otherwise as may be determined by the Federal Government.
Conditions of service
SECTION 28
(1) The Institute shall establish and maintain a Specialised Fund (in this Act referred to as “the Specialised Fund”) for research and its ancillary activities.
(2) The Specialised Fund shall consist of—
(a) the intervention grants from the Federal Government;
(b) annual subvention from the Federal Government;
(c) internally generated revenue from fees, commissions and dues charged by the Institute under its functions under this Act or any other enactment or law;
(d) gifts and grants-in-aid from any national or international organisation designated for the purpose; and
(e) all sums of money accruing to the Institute by way of gifts, testamentary dispositions and endowments and contributions from any other sources designated for the purpose.
Specialised Fund
SECTION 29
(1) The Institute shall cause to be prepared not later than 30 September in each year an estimate of the expenditure and income of the Institute during the next succeeding year and when prepared, they shall be submitted to the President.
(2) The Institute shall cause to be kept proper accounts of the Institute and proper records in relation to it and when certified by the Institute, the accounts shall be audited by auditors appointed by the Institute from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation.
Annual budget and audit
SECTION 30
(1) The trustees appointed by the Institute who for the purposes of the Companies and Allied Matters Act became an incorporated body under that Act with powers to accept, acquire and hold in trust all land belonging to the Institute shall as from the appointed day, cease to be an incorporated body and to have or to exercise such power, and accordingly — [Act No. 3, 2020]
(a) the certificate of registration of the trustees granted under that Act shall as from that appointed day become void;
(b) the constitution, bye-laws and other instruments which may be in operation immediately before the appointed day and which, among other things, relate to the aims and objects of the Institute and deal with the appointment and powers of the trustees, membership of the Institute and the proceedings of its annual general meetings shall no longer have effect; and
(c) any holder of an office of the Institute who was or became by virtue of the constitution and bye-laws, an officer of the Institute before the appointed day shall, as from that appointed day, vacate his office which shall there upon become vacant.
(2) Nothing in this section shall affect the appointment under this Act of any servant or other member of the staff of the Institute or his tenure of office.
Consequential provisions
SECTION 31
Nothing in this Act shall be construed as permitting the Institute to express an opinion on any aspect of international affairs on behalf of the Federal Government.
General restriction as to the powers of the Institute
SECTION 32
(1) No suit against the Institute, a member of the Council or any employee of the Institute for any public duty or in respect of any alleged neglect or default in the execution of such lawful duty shall lie or be instituted in any court unless it is commenced within 12 months next after the act, neglect or default complained of or, in the case of a continuance of damage or injury, within 12 months next after the ceasing of it.
(2) No suit shall be commenced against the Institute before the expiration of one month after written notice of intention to commence the suit shall have been served upon the Institute by the intending plaintiff or his agent, and the notice shall clearly and explicitly state the —
(a) cause of action;
(b) particulars of the Claim;
(c) name and place of abode of the intending plaintiff; and
(d) relief which he claims.
Procedure in respect of suits against the Institute
SECTION 33
The notice referred to in section 32 (2) of this Act and any summons, notice or other document required or authorised to be served upon the Institute under the provisions of this Act or any other law, may be served by delivering the same to the Chairman, or the Director-General, or by sending it by registered post addressed to the Director- General at the principal office of the Institute.
Service of documents
SECTION 34
The notice referred to in section 32 (2) of this Act and any summons, notice or other document required or authorised to be served upon the Institute under the provisions of this Act or any other law, may be served by delivering the same to the Chairman, or the Director-General, or by sending it by registered post addressed to the Director- General at the principal office of the Institute.
Restriction
SECTION 35
Every member of the Council, agent or employee for the time being of the Institute shall be indemnified out of the assets of the Institute against any liability incurred by him in defending any proceeding whether civil or criminal if any such proceeding is brought against him in his capacity as such member, agent or employee.
Indemnity of members
SECTION 36
(1) The Nigerian Institute of International Affairs Act, Cap N113, Laws of the Federation of Nigeria, 2004 (the repealed Act) is repealed.
(2) Anything done or purported to have been done under the repealed Act, remains valid, except as otherwise provided under this Act.
(3) Any person who was a member of staff of the Institute immediately before the commencement of this Act shall by virtue of this Act, become a member or staff of the Institute.
(4) All the property which immediately before the appointed day was held by the Institute under the repealed Act or by some other body or person on behalf of or in trust for the Institute, shall on that appointed date, by virtue of this section vest in the Institute and be held by it on behalf of or, as the case may be, on the like trust for the benefit of the Institute.
(5) The transitional provisions set out in the Second Schedule to this Act relating to the rights, liabilities and obligations arising out of any contract or other arrangement and other matters mentioned in it shall apply accordingly. [Second Schedule]
Repeal, savings transitional and provisions
SECTION 37
In this Act — “Council” has the meaning given to it in section 1 of this Act; “Institute” means the Nigerian Institute of International Affairs established by this Act; “Minister” means the Minister of Foreign Affairs; and “trustees” means the former trustees of the Institute incorporated before the appointed day under the Companies and Allied Matters Act, No. 3, 2020.
Interpretation
SECTION 38
This Act may be cited as the Nigerian Institute of International Affairs Act, 2023.
Citation
Section 1(4)
Membership of the Council
1. Subject to this Act and not withstanding anything in any other enactment, the Council shall consist of the following members to be appointed by the President —
(a) a Chairman;
(b) the Director-General;
(c) a representative of the Presidency;
(d) three persons from the federal universities in the Federation, so however that no two persons shall be appointed from the same university; and
(e) six persons with special interest in international affairs.
2. The Council may appoint one of their members to act in the place of the Chairman during his absence or during a temporary incapacity from illness of the Chairman, and that person while so acting, shall exercise all the functions of the Chairman of the Council under this Act.
3. The President may by order published in the Federal Government Gazette, increase the membership of the Council.
Proceedings of the Council
4. Subject to this Act, and to section 27 of the Interpretation Act, which provides for decisions of a statutory body to be taken by a majority of its members and for the Chairman to have a second or casting vote, the Council may make standing orders regulating the proceedings of the Council or any of its committee.
5. The quorum of the Council shall be one-third of the number of its membership and the quorum of any committee of the Council shall be determined by the Council.
6. At any meeting of the Council, the Chairman or any person appointed to act on that behalf shall preside, but if neither is present, the members present at the meeting shall elect one of their members to preside at the meeting.
Terms of service of members of the Council
7. Subject to paragraph 9 of this Schedule, a member of the Council shall hold office for a term of four years, from the date of his appointment and shall be eligible for reappointment for a further term of three years and no more.
8. A member may resign his appointment by a letter addressed to the President and that member’s resignation shall have effect from the date of receipt of the letter by the President.
9. The provisions of paragraph 8 of this Schedule shall be without prejudice to section 11 of the Interpretation Act relating to appointments.
Committees of the Council
10. The Council may, where appropriate, appoint a management committee to administer the Institute.
11. The Council may appoint such other standing and ad-hoc committees as the Council deems fit to consider and report on any matter with which the Council is concerned.
12. Every committee appointed under the provisions of this Schedule shall be presided over by a member of the Council and shall be made up of such number of persons, not being necessarily members of the Institute, as the Council may determine in each case.
13. Every committee shall have the power to co-opt more than one-third of its number and such co-opted members shall have voting rights.
Meetings and membership of the Institute, etc.
14. (1) Notwithstanding anything in this Act, the Council shall make regulations providing for the holding of meetings of members of the Institute, in conjunction with meetings of the Council, and at any such joint meeting, decisions may be taken with respect to the government of the Institute and the management of its affairs, and in this paragraph, “meetings” include annual general meetings and extraordinary meetings.
(2) Any one-third of the members of the Council may, in writing, demand a Council meeting and the Chairman shall cause such a meeting to be summoned.
(3) Any one-third of the members of the Institute may, in writing, demand a general meeting and the Chairman shall cause such a meeting to be summoned.
(4) The Chairman shall preside over any joint meeting of the Council and members of the Institute.
(5) The Chairman shall preside over any meeting of the members including the annual general meeting.
15. The Patron and the Vice-Patron of the Institute and members of the Council, appointed under the provisions of this Act, shall be members of the Institute.
Miscellaneous
16. The fixing of the seal of the Institute shall be authenticated by the signature of the Chairman of the Council and by that of the Director-General.
17. 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 Institute by the Director- General or any person generally authorised to act for that purpose by the Council.
18. 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 presumed to be so executed.
19. The validity of any proceedings of the meetings of the Institute, Council or of any committee of the Council shall not be affected —
(a) by any vacancy in the membership of the Institute, Council or of any such committee;
(b) by any defect in the appointment of any member; or
(c) by reason that a person not entitled to do so, took part in the proceedings.
Section 36 (5)
TRANSITIONAL PROVISIONS AS TO PROPERTY
Transfer of property
1. Every agreement which had been entered in to by the Institute immediately before the appointed day, whether in writing or not and whether or not of such a nature, that the rights, liabilities and obligations under it could be assigned, shall, unless its terms or subject matters make it impossible that it should have effect as modified in the manner provided, have effect from the appointed day, so far as it relates to property transferred by this Act to the Institute as if —
(a) the Institute has been a party to the agreement;
(b) for any reference, however worded and whether expressed or implied, to the trustees there were substituted, as respects anything falling to be done on or after the appointed day, a reference to the Institute; and
(c) for any reference, however worded and whether expressed or implied, to a member of the Institute or an officer, there were substituted, as respects anything failing to be done on or after the appointed day, a reference to a member or an officer of the Institute, as may be to the member or officer in question of the Institute, as established by this Act.
2. Other documents which refer, whether specially or generally, to the trustees or other persons, shall be construed in accordance with paragraph 1 of this Schedule so far as applicable.
3. Without prejudice to the generality of the provisions, where, by the operation of any of them, any right, liability or obligation is vested in the Institute, the Institute and all other persons shall, as from the appointed day, have the same rights, powers and remedies for ascertaining, perfecting or enforcing that right, liability or obligation, as they would have had if it had at all times been a right, liability or obligation of the Institute.
4. Any legal proceedings or application to any authority pending on the appointed day by or against the trustees and relating to property transferred by this Act to the Institute may be continued on or after that day by or against the Institute.
5. If the law in effect, at the place where any property transferred by this Act is situated, provides for the registration of transfers of property of the kind in question, whether by reference to an instrument of transfer or otherwise, the law shall, so far as it provides for alternations of a register, but not for avoidance of transfers, the payment of fees or any other matter, apply with the necessary modifications to the transfer of the property, and it shall be the duty of the Institute to furnish the necessary particulars of the transfer to the proper officer of the registration authority and of that officer to register the transfer accordingly without payment of any fee by the Institute.
