Delta
State of Nigeria
Gazette
PUBLISHED
BY AUTHORITY
No. 14 ASABA 1st April, 2004 Vol. 14
__________________________________________________________________________________________________________
CONTENT
Delta State
Notice No. 14
The
following is published as Supplement to this Gazette:
Law No. 2 of
2004—The Development Administration Committee Law, 2004 A17-16
__________________________________________________________________________________________________________
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the Government Printer, Ministry of Information, Department of Printing, Asaba
WT45/72004/500
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Supplement to Delta State of Nigeria Gazette No.
2, Vol. 14 of 1st April, 2004- Part A
Assented to this 30th day of March, 2004.
No. 2
James
Onanefe Ibori.
Governor,
Delta State
of Nigeria
2004
JAMES
ONANEFE IBORI
Governor,
Delta State of Nigeria
A LAW TO ESTABLISH A SYSTEM OF PARTICIPATORY
ADMINISTRATION THROUGH DEVELOPMENT COMMITTEES IN COMMUNITIES AND BY PEOPLES
HAVING OR SHARING ETHNIC OR LINGUISTIC ASSOCIATION OR OTHER INDIGENOUS TIES IN
A LOCAL GOVERNMENT AREA OF THE STATE AND OTHER MATTERS CONNECTED THEREWITH IN
PURSUANCE OF SECTION 4(7) (A), (B) & (C ) AND SECTION 7(1) OF THE
CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA 1999 AND SECTION 10 OF THE
LOCAL GOVERNMENT LAW NO. 3 OF 1999
BE IT ENACTED by the Delta State House of
Assembly as follows:
Citation and Committees
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1. This
Law may be cited as the Development Administration Law. 2004 and shall come
into force on the …… 25th ..... ..day commence-of......March........... 2004. |
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Definition |
2. In this Law: "Auditor-General" means the Auditor-General for
Local Governments of the State; "Department" means Development Committee
department in the office of the Governor; "Development Committee" means the development
committees established by the Governor from time to time under section 7 of
this Law; A 8 2004 No. 2 The Development Administration Committees La^, 2004 "Director-General" means
the Head of the Development Committee department; "Ex-Officio
Member" means a representative of a recognized Traditional Ruler. "Federation"
means the Federal Republic of Nigeria; "Government" means the
Government of the State; "House of Assembly" means the Delta State
House of Assembly; "Local
Government Service Commission" means the Local Government Service
Commission of the State; "Official
Gazette" means the official gazette of Delta State: "Recognised
Traditional Ruler" means a gazettes Traditional Ruler. “State”
means Delta State of Nigeria. |
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Establishment of System of participatory Development
Administration by Committees |
3. (1) There is
hereby established as an integral part of the public administration of the
local government council specified in this Law a system of participatory
development administration by development committees for the purpose of
enabling and fostering participation by communities and peoples of the local
government area in the economic planning and development of the Local
Government Area. (2) For
the purpose of giving effect to the provision of subsection (1) of this
section, there is hereby created in the office of the Governor a department
to be known as the Development Committees Department (hereinafter called the
Department), which shall be charged with responsibility for policy matters
with regard to development committees in a local government area, and which
shall be the administrative and co-coordinating link between the Government
and the Development Committees. (3) The
Development Committees Department shall be headed by a Director-General. |
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Objective of Participatory Development Administration |
4. The
objective of the system of participatory development administration shall be,
to facilitate and encourage the various peoples, communities, towns,
villages, clans or any group of these in a Local Government Area having
common interest based on either proximity or association influenced by
traditional, ethnic, clannish or linguistic relationship and for
administrative convenience to :- (1)
Participate in the control and management of their local affairs with the
assistance and under the supervision of the Department; (2) organise and utilize their
respective local community efforts and organisatir is to raise funds and
mobilize resources for the general economic planning, growth and development
of their communities within a local government area. |
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Criteria for Establishment of Development of Committee |
5. Development Committees shall be established in all the Local government Councils specified in this Law in order to achieve the overall policy objective of the system as provided in section 3 of this Law. |
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The Department to issue general directions to Development Committees |
6. The
Department may from time to time give the development committees policy
directions of specific nature with respect to the manner in which the
development committees may discharge or perform any of its functions under
this Law and such directions shall be complied with. |
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Establishment of Development of Committee |
7. (1) There is hereby established
in the Local Government Council areas mentioned in section 18 of this Law
nine Development Committees, the names, areas comprised and administrative
head quarters of which are as set out in the 1st, 2nd and 3rd columns
respectively of the schedule to this Law. (2) A Development Committee
established pursuant to subsection (1) of this section may enter into any
contract for (he provision of any professional or other services necessary
for the exercise of its functions under this Law and may acquire, hold and
dispose of property, including land in its name and may sue and be sued in
its name. |
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Restriction of Application of Local Government Law No.3 of
1999 |
8. Section 4(2) of the Local Government Law No. 3 of 1999
limiting the powers of Government to establish authorities for the purpose of
local government shall not apply to development committees established
hereunder. |
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Composition Tenure and Remuneration of Development Committees |
9. (1)A development committee shall comprise the following members^-(a) A Chairman to be appointed by the Governor. (b) A Secretary. (c) A representative of a recognized traditional ruler in the area and where there are more than one traditional ruler in the area, then in rotation on annual basis. (d) Such number of fit and proper persons representing a variety of interests in such area as may be appointed by the Governor from each of the towns or autonomous indigenous communities or from each of the groups of such towns or communities comprised in the area over which the Development Committee exercises jurisdiction. (2) The appointment of members of
the Development Committee shall be subject to confirmation by the House of
Assembly. (3) The appointment of members
into the Development Committee shall be in accordance with section 14(4) of
the Constitution of the Federal Republic of Nigeria 1999. (4) Members of a Development
committee other than ex-officio members, shall hold office for a period of
three years but shall be eligible for reappointment for another term of three
years. (5) Members of a Development
Committee shall be paid such remuneration and allowances as the Department
may from time to time determine, subject to ratification by the House of
Assembly. |
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Eligibility for Membership of a Development Committee |
10. A person shall be eligible to be appointed as a member of a Development Committee if:- (a)
he is qualified to be a Chairman of a council in accordance with section 13
of the Local Government Law and he is not in any way disqualified in accordance
with section 14 (1), (2) and (4) of the same Law: (b)
either he or his father is an indigene of any one of the towns or autonomous
indigenous communities comprised in the geographical area over which
the Development Committees to which he is to be appointed as a member
exercises jurisdiction, (c)
he has resided in any one of the said towns or communities for a continuous
period of twelve months immediately preceding the date of his appointment. |
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Staff of Development Committee |
11. (1) A Development Committee shall have power to appoint or employ such temporary, contract or permanent employees as it may. require to carry out its functions subject to the approval of the Department. (2) All employees of a Development
Committee appointed pursuant to subsection (1) of this section, excluding
employees appointed on temporary or contract basis, shall have the same
rights and obligations as members of the Public Service as defined by section
24 of the Pensions Act as applicable to Public Service of Delta State. |
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Functions
of Development Committee |
12. (1) The functions of a
Development committee without prejudice to the authority of a Local
Government Council shall include the following: (a) organization and supervision of
community farming; (b) provision, control and
maintenance of public slaughter houses and abattoirs; (c) maintenance and control of motor
parks; (d) maintenance and control of public
places of amusement and entertainment and of public recreation grounds, open
spaces and parks other than in approved planning places; (e) provision and control of
community centres, town halls, public eating places and the like; (f)
maintenance of markets and the control of stalls in places other than
markets; (g) control and maintenance of
cemeteries and burial grounds; (h) control of sanitation; (i)
provision of drains, sewage systems, public lavatories, public baths
and dykes; (j)
maintenance of local roads; (k) maintenance of local bridges; (1)
control of animals; (m) payment of approved official
allowances of recognized chiefs in the
area of a Development Committee; and (n) such other functions as may be
conferred upon the Development Committees by the House of Assembly. (2) A Development Committee shall
be entitled to charge and may retain all fees, rates and other receivable
income accruing from the execution of its functions. |
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Development Committee Account |
13. (1) Each Development Committee
shall establish an account to be called Development Committee
Account into which shall be credited:- (a)
such sums of money as the State Government may, from time to time, determine
to be contributed to the Fund by a Local Government provided such amount
shall not exceed 40% of the monthly allocation accruable to a local
government council; (b) all
receipts and other moneys as a Development Committee may become entitled to
receive from any other source; and (c) three percent of the State security vote which sum
shall be paid on a quarterly basis or a sum equivalent to that amount to be
sourced by the Governor from any other area. (2) The
contribution of Local Government Council to its Development committees, pursuant
to subjection (1)(a) above, shall he a charge upon its share of the State
Joint Local Government Account and may be debited therefrom and distributed
to the Development Committees. (3) A Development Committee shall
defray all its expenses incurred in performing its functions from the
Development Committee Account. |
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Management of Development Committee Account |
14. The Development Committee Account shall be managed in
accordance with regulations approved by the Auditor-General and shall include provisions:- (a) specifying the manner in which the account is to be operated and regulating the making of payments to and from the account; (b)
requiring the keeping of proper books of accounts and records in such form as
maybe specified in pursuance of the regulations; (c ) ensuring that the accounts and the auditors
report thereon be furnished through the Department to the House of Assembly
as soon as may be after the end of the period to which the accounts relate. |
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Meetings of Development Committee |
15. (1)A
Development Committee shall meet at the instance of the Chairman as often as
circumstances demand for the transaction of its business, save that the
Committee shall meet at least two times in every calendar month. (2) A Development Committee shall
have power to regulate its own proceedings and my make standing orders for
that purpose and, subject to such standing orders, may function
notwithstanding any vacancy in its membership or the absence of any member. (3) At every meeting of a
Development Committee, one third of members present shall form a quorum. (4) The Chairman of a Development
Committee shall preside at its meetings and in his absence, the other members
present shall select one of their members to preside thereat. |
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Resolution of Conflict involving Development Committees |
16. (1) Whenever there is conflict between the decisions, policies or orders of a Local Government Council and that of a Development Committee, the conflict shall be referred to the Department for resolution. (2) Any resolution
by the Department shall be final and can only be set aside by a competent
court of law. |
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Department
to prescribe Additional rules |
17. A Development Committee shall have power to make rules
and regulations to govern its own proceedings pending the issuance of rules
by the Department |
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Application of the Law |
18. (1) In this
Law any reference to Local Government Council or Local Government Area shall
be construed as reference to :- (a) Warri South Local Government Council Area; (b) Warri
South West Local Government Council Area; and (c) Warri
North Local Government Council Area. (2)
Provided that the House of Assembly may by a resolution passed by two Saving
thirds majority of members of the House, include, in addition to the Local
Government Areas enumerated in subsection (1) of this section, other local
government council areas where this Law shall be operational. |
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SCHEDULE SECTION 7(1) WARRI NORTH LOCAL
GOVERNMENT AREA Names of
Committees: Egbema Development Committee Areas
Comprises: Opuama, Tsekelewu, Ogbudugbudu, Okefamba, Azama rion, Abadiagbene, Iteli,
Erewojere, Asigbodo, Ogombiri, Abidumu, Ogambiri Odibo, Ogemba, Ololukubu,
Borgu, Kokoboru, Briagbene, Oyenke, Kpotogbene, Semgbene, Lagose, Adoko,
Kpaku, Bemokiri, Poiobubor, Yanaghozion, Amuro, Ajagbene, Ugboeyen, Abilogun,
Olubokam, Niki Germanabene and
Awamba. Head Quarters: Opuama Names of
Committees: Koko/Abigborodo
Development Committee Areas
Comprises: Koko,
Werju, Korobe, Ajagbugbu, Makine, Aja-Amiabe, Aja-Kpenosen, Aja-Etie,
Uba-iro, Arun-Ologbo, Uton-Ekpo, Ibielegbe, Abiala-Odo, Koko Beach,
Abigborodo, Wba-aboro, Okorogho, Orogun, Uton-Ukukoro, Oro-Oke, Beresibe,
Ugbo-Eyen, Eghoro, Uba Fughen,
Tisun, Kolokolo, Sahara-Tie, Urejusisin, Uba-Imagoro,
Uba-Omughele, and Usor Head Quarters: Abigborodo Names of
Committees: Benin River
Itsekiris Development Committees Areas
Comprises: Ogheye,
Jakpa, Ugbeye, Eke-kporo, Eketie, Ototo, Aja-makin, Oletition, Aja Edum, Eghoroke,
Dimigun, Uto-Nila, Ugogegin, Arunton
Ajakpa, Devieketa, Gbukoda, Ajamita, Udo, Utungbo, Ugbeyim,
Ukpepuru, Obaghoro, Aruton-Obaghoro, Uton-Ejebu, Aja-Peace, Ebrohimi,
Obontegharedan (Oludu Town), Olumagada Adagbrasa, Tebu, Aruton, Tebu-LIgbo,
Eghojo, Eghetsi, Germamt I & II and Jakpatie. Head Quarters: Ogheye Names of Committees: Ode-Itsekiri Development Committee Areas
Comprises: Ode-Itsckiri,
Ugbori, Okere-Itsekiri, Ajaminogham, Ekurede Itsekiri, Odogene, Tebite,
Krokoto, Ighorodimi, Aja-Ometan, Orere, Aghigho, AJi-Gba, Aji-Dediarc, Uio
Obira, Olukrodu, Obodo, Kogho, Uba-Amakiri, Ajatitan, Jalumi, Ugboritseduwa,
Eghigho, Ifiekporo, Ifietie, Ugbodede, Ubeji, Egbokodo, Omadino, Esungbo,
Ejodo, Eyiagbe, Jalla, Okpomu, Eduosa, Useie, Ugbodede, Jarakporo, Ajataton,
Igogogha, Inorin, Atam, Ugbo, Orugbb, Ajuma, Ugbuwamgwe, Uba Olotso, Pessu,
Alders Town, Odion and lyara (Itsekiri) Head Quarters: Ugbuwangue Names of
Committees: Okere
Urhobo Development Committee Areas
Comprises: Ogodogo, Umuvwen, Okere-Urhobo,
Eboh, Okumagba Layout, Okumagba Avenue, Iduvwun-Urun, Iduvwun-ete, Kosini,
Eboh, Idama, Ojabugbe, Ighogbadu, Olodi, Oki, Otorere, Ivwori-Otete,
Ivwori-rode and Idiaregbe. Head Quarters: Okumagba Layout Names of
Committees: Agbarha
Development Committee Areas
Comprises: Ogunu,
Edjeba, Okurode (Ekuredeurhobo), Obeghele, Ukpokiti, Ovv/odo-Awharen,
Oborkotete, Egbolo, Anra, Ogregwu, Milla WaterSide, Ogbe-Ijoh Market, Mckiver
Road, Bowen Avenue, Otovwodo-Agbarha, Igbudu, Decco, lyara (Urhobo), Ometan
and Robert Road, Morogun, Ogboru, Guniwa, Igbudu Housing Estate, Marine
Quarters, Bazunu and Essi Layout. Head Quarters: Otovwodo Agbarha Names of
Committees: Ugborodo/Orere
development Committee Areas
Comprises: Deghele, Bateren,
Bateren-Tie, Orere, Bobi, Olobe, Orubu, Orumegege, Ugbo, Gbodu, Atsuran,
Atafid, Uba Logboka, Aja-Edele, Ugbo Inegbin, Ugborodo, Ogidigben,
Aja-Udaibo, Madangho, Kpokpo, Uba, Itsidodo, Sumuge, Ugbegungun, Saghara,
Katu, Akpakpa, Agogboro, Agokutu, Kostain, Otumarra, Uba-Agira, Ugboegun gun
- Ale, Okitimekpe, Olotie, Ogunaja, Ogunwan, Ija-Igban, Ija-Botosan,
Uba-Gbeleji, Arunton, Ogua-Aja, Aja-Ufo, Ubarasun, AJaukueyinden, and
Ugbo-Oritsuwa. Head Quarters: Ogidigbe Names of
Committees: Ogbe
Ijoh /Isaba Development Committee Areas
Comprises: Ogbe-Ijoh,
Diebri, Bumoubulou, Lokiri, Toun Gbene, Ebiyegbene, Ekpebogbene, Ugbanabubuo,
Arotenghan, Odogboro, Opugbene, Kiokio, Ogedene, Areregbene, Ijansa,
Ofrikigbene, Jelejele, Ugbogbene, Igbaregba, Ayama, Gborutobb, Pere Ama, Tobu
Ama, Isaba Town, Pere-Ama, Aya-Ama, Pamiye, Tubu-Ama, Orubeke, Hitlergbene,
Sibedegbene, Igbeletebegbene, Akeibodogbene, Lougbene, Oyeinghanwei-Gbene,
Amarengbene, Gbonweigbene. Igbemengbene, Pere-Ogbogbene, Dokonghangbene,
Ofugbene, Okosugbene, Segbele Gbene, Boyigbene and Odingbene. Head Quarters: Isaba Names of
Committees: Gbaramatu
Development Committee Areas
Comprises: Kunukunuma,
Kurutie, Opuraja, Olokporubu, Ubefan, Peregbene, Nikorogbene. Ajatiton,
Opuedebubou, Opuedeama, Benikrukru, Oburu, Ogidadino, K.okodiagbene,
Erewojegagbene, Okerenkoko, Aja Ama, Ekpemu, Goba^ Otungbo, Kantu, Eda,
Famulghen, Ubaedidi, Kantu Egua (I) and (ID and Akaoamayan. Head Quarters: Kunukunuma |
This printed impression has
been carefully compared by me with the Bill which has passed the Delta State
House of Assembly and found by me to be a true and correctly printed copy of
the said Bill.
Sir
0. J. Iyamu