TEACHERS REGISTRATION COUNCIL OF NIGERIA ACT

ARRANGEMENT OF SECTIONS

SECTION

1. Establishment of the Teachers Registration Council of Nigeria.

  1. Membership of the Council.
  2. Establishment and management of the fund.
  3. Appointment of the registrar, other staff and preparation of the register.
  4. Publication of register and lists of corrections.
  5. Registration of teachers.
  6. Approval of qualifications, etc.
  7. Supervision of instructions and examinations leading to approved qualifications.
  8. Establishment of the Disciplinary Comrniuee and Investigating Panel.
  9. Penalties for unprofessional conduct, etc.
  10. Duty to report.
  11. When person is deemed registered member.
  12. Rules as to practising fees, etc.
  13. Honorary membership.
  14. Provision of library facilities, etc.
  15. Regulations and rules.
  16. Offences.
  17. Interpretation.
  18. Short title.

 

SCHEDULES

FIRST SCHEDULE

Supplementary provisions relating to the Council

SECOND SCHEDULE

Supplementary provisions relating to the Disciplinary Committee
and Investigating Panel

An Act to establish the Teachers Registration Council of Nigeria charged with the
duty of determining the standards of knowledge and skill to be attained by per-
sons seeking to become registered as teachers and for matters connected there-
with.

[1993 No. 31.]

[4th May, 1993]

[Commencement.]

  1. Establishment of the Teachers Registration Council of Nigeria

( 1) There is hereby established a body to be known as the Teachers Registration
Council of Nigeria (in this Act referred to as “the Council”) which shall be a body corpo-
rate under that name and be charged with the general duty of-

(a)       determining who are teachers for the purposes of this Act;

(b)       determining what standards of knowledge and skill are to be attained by per-
sons seeking to become registered as teachers under this Act and raising those
standards, from time to time, as circumstances may permit;

      (c)        securing in accordance with the provisions of this Act the establishment and
maintenance of a register of teachers and the publication from time to time of
the lists of those persons;

(d)       regulating and controlling the teaching profession (in this Act referred to as
“the profession”) in all its aspects and ramifications;

     (e)        classifying from time to time members of the teaching profession according to
their level of training and qualification;

(f)         performing through the Council established under this Act the functions con-
ferred on it by this Act.

(2) The Council shall have perpetual succession and a common seal which shall be
kept in such custody as the Council may, from time to time, authorise.

(3) The Council may sue and be sued in its corporate name and may, subject to the
Land Use Act, hold, acquire and dispose of any property, movable or immovable.

[Cap. L5.]

  1. Membership of the Council

(l) The Council shall consist of a chairman to be appointed by the President and the
following other members, that is-
             (a)        a representative each of the Committee of-
(i)     Deans of Education and of Directors of Education in Nigerian universities;
(ii)     Provosts of colleges of education;
(iii)   Rectors of polytechnics;
(b)       one person to represent each of the following bodies, that is-

(i) the National Universities Commission;

(ii) the National Commission for Colleges of Education;
(iii) the National Board for Technical Education;

(iv) the National Teachers Institute;

(c)        a representative of the Federal Ministry of Education;

(d)       six persons to represent the State Ministries of Education to be elected in rota-
tion among the States of the Federation to be appointed by the Federal Minis-
try of Education every t wo years;

(e)        two persons to represent the Nigerian Academy of Education;

(f)        five persons elected by the Nigeria Union of Teachers in the manner for the
time being provided by the constitution or that Association; and

(g)        the registrar.

(2) The provisions of the First Schedule to this Act shall have effect with respect to
the qualifications and tenure of office of members of the Council and the other matters
therein mentioned.

[First Schedule.]

(3) The Council may make regulations providing for an increase or reduction in the
membership of the Council and may make such consequential amendments to para-
graph (1) of the First Schedule to this Act as the Minister considers expedient in conse-
quence of the increase or reduction.

  1. Establishment and management of the fund

(1) The Council shall establish and maintain a fund, the management and control of
which shall be in the hands of the Council.

(2) There shall be paid into the fund established pursuant to subsection (1) of this
section-

(a)              all fees and other moneys payable to the Council whether in the course of the
discharge of its functions or not;

(b)              such moneys as may be provided by the Federal Government to the Council by
way of grant or by way of loan or otherwise.

(3) There shall be paid out of the fund of the Council-

(a)              the remuneration and allowances of the registrar and other employees of the
Council;

(b)              all other expenditure incurred by the Council in the discharge of its functions
under this Act; and

(c)               such reasonable travelling and subsistence allowance of members of the Coun-
cil in respect of the time spent on the business of the Council as the Council
may determine.

(4) The Council may invest moneys in the fund in any security created or issued by

or on behalf of the Government of the Federation or in any other securities in Nigeria
approved by the Council.

(5) The Council may, from time to time, borrow money for the purposes of the
Council and any interest payable on moneys so borrowed shall be paid out of the fund.

(6) The Council shall keep proper accounts in respect of each year and proper records
in relation to those accounts; and the Council shall cause the accounts to be audited by an
auditor appointed from the list of auditors and in accordance with the guidelines supplied
by the Auditor-General for the Federation.

(7) The audited accounts shall be submitted to the registered members for approval
by them at the general meeting of the Council.

(8) The auditor, appointed for the purpose of this section, shall not be a member of
the Council.

  1. Appointment of’ the registrar, other staff’ and preparation of’the register
    (1) There shall be appointed by the President for the Council a registrar.

(2) The registrar shall be the chief executive and secretary to the Council and be re-
sponsible for the day to day administration of the Council.

(3) The registrar shall hold office for a term of five years in the first instance and
shall be eligible for re-appointment for one further term of five years and no more.

(4) The Council may, from time to time, appoint such other persons as the Council
may deem fit to assist the registrar in the performance of his functions under this Act.

(5) It shall be the duty of the registrar to prepare and maintain, in accordance with
rules made by the Council, a register of the names, addresses, approved qualifications and
such other qualifications and particulars as may be specified in the rules, of all persons
who are entitled in accordance with the provisions of this Act to be registered as mem-
bers of the profession and who apply to be so registered.

(6) Subject to the following provisions of this section, the Council may make rules
with respect to the form and keeping of the register and the making of entries therein, and
in particular-

(a)       the making of the applications for registration;

(b)                    providing for notification to the registrar, by the person to whom any regis-
tered particulars relate, of any change in those particulars;

(c)                     authorising a registered person to have any qualification which is, in relation to
the relevant division of the profession, either an approved qualification or an
accepted qualification for the purposes of this Act, entered in relation to his
name in addition to or, as he may elect, in substitution for any other qualifica-
tion so registered;

(d)                    specifying the fees, including any annual subscription to be paid to the Council
in respect of the entry of a name on the register and authorising the registrar to
refuse to enter a name on the register until any fee specified for the entry has
been paid;

                       (e)       specifying anything falling to be specified under the foregoing provisions of this section:
Provided that rules for the purposes of paragraph (d ) of this subsection shall not
come into force until they are confirmed at a special meeting of the Council convened for
the purpose thereafter or at the next general meeting of the registered members as the
case may be.

(7) It shall be the duty of the registrar to-

(a)           correct, in accordance with the Council’s directions, any entry in the register
which the Council directs him to correct as being in the Council’s opinion an
entry which was incorrectly made;

(b)           make, from time to time, any necessary alteration to the registered particulars
of registered persons;

(c)          remove from the register the name of any registered person who has died;

(d)          record the names of any registered members of the profession who are in de-
fault for more than four months in the payment of the annual subscriptions,
and to take such action in relation thereto (including removal of the names of
defaulters from the register) as the Council under this Act may direct or re-
quire.

(8) If the registrar-

(a)          sends by post to any registered person, a registered letter addressed to him at
his address on the register inquiring whether the registered particulars relating
to him are correct and receives no reply to the letter within the period of six
months from the date of posting it; and

(b)          upon the expiration of that period, sends in the like manner to the person in
question, a second similar letter and receives no reply to that letter within three
months from the date of posting it,

the registrar may remove the particulars relating to the person in question from the regis-
ter: Provided that the Council directs the registrar to restore to the appropriate part of the
register any particulars removed there from under this subsection.

  1. Publication of register and lists of corrections
    (1) It shall be the duty of the registrar-

(a)                to cause the register to be printed, published and put on sale to members of the
public not later than two years from the appointed day; and

(b)               thereafter in each year after that in which the register is first published under
paragraph (a) of this subsection, to cause to be printed, published and put on
sale as aforesaid, either a corrected edition of the register or list of corrections
made to the register since it was last printed; and

(c)               to cause a print of each edition of the register and of each list of corrections to
be deposited at the principal office of the Council,

and it shall be the duty of the Council to keep the register and lists so deposited available
at all reasonable times for inspection by members of the public.

(2) A document purporting to be a print of an edition of the register published under

this section by authority of the registrar, or documents purporting to be prints of an edi-
tion of the register so published and of the list of corrections to that edition so published,
shall (without prejudice to any other mode of proof) be admissible in any proceedings as
evidence that any person specified in the document, or the documents read together, as
being registered was so registered at the date of the edition or of the list of corrections, as
the case may be, and that any person not so specified was not so registered.

(3) Where in accordance with subsection (2) of this section, a person is, in any pro-
ceedings, shown to have been, or not to have been registered at a particular date, he shall,
unless the contrary is proved be taken for the purposes of those proceedings as having at
all material times thereafter continued to be, or not to be, so registered.

  1. Registration of teachers

(1) Subject to rules made under section 4 (6) of this Act, a person shall be entitled to
be registered as a member of the profession if-

(a)     he passes a qualifying examination accepted by the Council and completes the
practical teaching prescribed by the Council under this Act; or

(b)                    not being a Nigerian, he holds a qualification granted outside Nigeria which
for the time being is recognised by the Council and he is by law entitled to
practise the profession in the country in which the qualification was granted
provided that the other country accords Nigerian professional teachers the
same reciprocal treatment and that he satisfies the Council that he has suffi-
cient practical experience as a teacher.

(2) An applicant for registration shall, in addition to evidence of qualification, satisfy

the Council that-

(a)       he is of good character;

(b)       he has attained the age of 21 years; and

(c)         he has not been convicted in Nigeria or elsewhere of an offence involving
fraud or dishonesty.

(3) The Council shall, from time to time, publish in the Federal Gazette particulars of
qualifications for the time being accepted by the Council for purposes of registration.

  1. Approval of qualifications, etc.

(1) The Council may approve an institution for the purposes of this Act, and may for
those purposes approve-

(a)       any course of training at any approved institution which is intended for persons
who are seeking to become or are already teachers and which the Council con-
siders is designed to confer on persons completing it sufficient knowledge and
skill for admission as professional teachers;

(b)       any qualification which, as a result of an examination taken in conjunction
with a course of training approved by the Council under this section, is granted
to candidates reaching a standard at the examination indicating in the opinion
of the members of the Council that the candidates have sufficient knowledge
and skill to practice the profession.

(2) The Council may, if it thinks fit, withdraw any approval given under this section

in respect of any course, qualification or institution; but before withdrawing such an ap-
proval the Council shall-

(a)              give notice that it proposes to withdraw such approval to each person in Nige-
ria appearing to the Council to be a person by whom the course is conducted or
the qualification is granted or the institution is controlled, as the case may be;
and

(b)              give each such person an opportunity of making representation to the Council
with regard to the proposal; and

(c)               take into consideration any representation made in respect of the proposal in
pursuance of paragraph (b) of this subsection.

(3) Any period during which the approval of the Council under this section for a
course, qualification or institution is withdrawn, the course, qualification or institution
shall not be treated as approved under this section; but the withdrawal of such an ap-
proval shall not prejudice the registration or eligibility for registration of any person who
by virtue of the approval was registered or eligible for registration immediately before the
approval was withdrawn.

(4) The giving or withdrawal of an approval under this section shall have effect from
such date, either before or after the execution of the instrument signifying the giving or
withdrawal of the approval, as the Council may specify in that instrument; and the Coun-
cil shall-

(a)        publish as soon as possible a copy of every such instrument in the newspaper;
and

(b)        not later than seven days before its publication as aforesaid, send a copy of the
instrument to the Minister.

8. Supervision of instructions and examinations leading to approved qualifications
(1) It shall be the duty of the members of the Council to keep themselves informed of
the nature of–

(a)       the instruction given at approved institutions to persons attending approved
courses of training; and

(b)       the examinations as a result of which approved qualifications are granted,

and for the purposes of performing that duty, the Council may appoint, either from
among its own members or otherwise, persons to visit approved institutions, or to observe
such examinations.

(2) It shall be the duty of a person appointed under subsection (1) of this section to
report to the Council on-

(a)       the sufficiency of the instructions given to persons attending approved courses
of training at institutions visited by him;

(b)       the adequacy of the examinations attended by him; and

(c)         any other matters relating to the institutions or examinations on which the
Council may, either generally or in a particular case, request him to report,
but no visitor shall interfere with the giving of any instruction or the holding of any examination.

(3) On receiving a report made in pursuance of this section, the Council may, if it
thinks fit, and shall if so required by the registered members, send a copy of the report to
the person appearing to the Council to be in charge of the institution or responsible for
the examinations to which the report relates requesting that person to make observations
on the report to the Council within such period as may be specified in the request, not
being less than one month beginning with the date of the request.

  1. Establishment of the Disciplinary Committee and Investigating Panel

(1) There is hereby established a tribunal to be known as the Teachers Disciplinary
Committee (in this Act referred to as “the Committee”) which shall be charged with the
duty of considering and determining any case referred to it by the Teachers Investigating
Panel (in this Act referred to as “the Panel”) established by the following provisions of
this section, and any other case of which the Committee has cognisance under the fol-
lowing provisions of this Act.

(2) The Committee shall consist of the chairman of the Council and ten other mem-
bers appointed by the Council.

(3) There shall be established in each State of the Federation and the Federal Capital
Territory, Abuja a body, to be known as the State Teachers Investigating Panel and the
Federal Capital Territory, Abuja Teachers Investigating Panel as the case may be (in this
Act referred to as “the Panel”) which shall be charged with the duty of–

(a)        conducting a preliminary investigation into any case where it is alleged that a
member has misbehaved in his capacity as a professional teacher, or should for
any other reason be the subject of proceedings before the Committee; and

(b)       deciding whether the case should be referred to the Committee.

(4) A panel shall be appointed by the Council after consultation with the State Min-
istry of Education or the Federal Ministry of Education in the case of the Federal Capital
Territory, Abuja and shall consist of five members one of whom shall be a legal practi-
tioner.

(5) The provisions of the Second Schedule to this Act shall, so far as they are applic-
able to the Committee and Panel respectively, have effect with respect to those bodies.
[Second Schedule.]

(6) The Council may make rules not inconsistent with this Act as to acts which con-
stitute professional misconduct.

10. Penalties for unprofessional conduct, etc.

(1) Where-

(a)              a member is judged by the Committee to be guilty of infamous conduct in any
professional respect; or

(b)              a member is convicted, by any court or tribunal in Nigeria or elsewhere having
power to award imprisonment, of an offence (whether or not punishable with

imprisonment) which in the opinion of the Committee is incompatible with the

status of a teacher; or

(c)        the Committee is satisfied that the name of any person has been fraudulently
registered,

the Committee may, if it thinks fit, give a direction reprimanding that person or ordering
the registrar to strike his name off the relevant part of the register.

(2) The Committee may, if it thinks fit, defer its decision as to the giving of a direc-
tion under subsection (1) of this section until a subsequent meeting of the Committee;
but-

(a)       no decision shall be deferred under this subsection for any period exceeding
two years in the aggregate; and

(b)         no person shall be a member of the Committee for the purposes of reaching a
decision which has been deferred or further deferred unless he was present as a
member of the Committee when the decision was deferred.

(3) For the purposes of subsection (1) (b) of this section, a person shall not be treated
as convicted as therein mentioned, unless the conviction stands at a time when no appeal
or further appeal is pending or may (without extension of time) be brought in connection
with the conviction.

(4) When the Committee gives a direction under subsection (1) of this section, the
Committee shall cause notice of the direction to be served on the person to whom it re-
lates.

(5) The person to whom such a direction relates may, at any time within 28 days
from the date of service on him of notice of the direction, appeal against the direction to
the Court of Appeal; and the Committee may appear as respondent to the appeal and, for
the purpose of enabling directions to be given as to the costs of the appeal and of pro-
ceedings before the Committee, the Committee shall be deemed 10 be a party thereto
whether or not it appears on the hearing of the appeal.

(6) A direction of the Committee under subsection (1) of this section shall take ef-
fect-

(a)       where no appeal under this section is brought against the direction within the
time limited for such an appeal, on the expiration of that time; or

(b)       where such an appeal is brought and is withdrawn or struck out for want of
prosecution, or the withdrawal or striking out of the appeal; or

(c)        where such an appeal is brought and it is not withdrawn or struck out as afore-
said, if and when the appeal is dismissed,

and shall not take effect except in accordance with the foregoing provisions of this sub-
section.

(7) A person whose name is removed from the register in pursuance of a direction of
the Committee under this section, shall not be entitled to be registered again except in
pursuance of a direction in that behalf given by the Committee on the application of that
person; and a direction under this section for the removal 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 direction (and where he has duly made such

an application, from the date of his last application) as may be specified in the direction.

11. Duty to report

(1) It shall be the duty of the head of an educational institution to report any miscon-
duct by a registered member to the Panel.

(2) A person in breach of the provisions of subsection C I) of this section shall be
guilty of an offence and liable on conviction to a fine of NI 000 or to imprisonment for a
term of three months.

12. When person is deemed a registered member

A person shall be deemed to practice as a registered teacher if, in consideration of re-
muneration received or to be received, and whether by himself or in partnership with any
other person-

(a)         he engages himself in teaching or holds himself out to the public as a teacher;
or

(b)       he renders any other service which may by regulations made by the Council
with the approval of the Minister be designated as service constituting teach-
ing.

13. Rules as to practising fees, etc.

(l) The Council may make rules-

(a)       for the training of suitable persons in teaching practice and method;

(b)        for the supervision and regulations of the engagement, training and transfer of such persons; and

(c)        for the fees to be paid by registered members.

(2) The Council may also make rules prescribing the amount and due date for pay-
ment of the annual subscription and for such purposes different amounts may be pre-
scribed by the rules according to whether the registered member of the profession is a
qualified or an auxiliary teacher.

(3) Rules when made under this section shall, if the chairman of the Council so di-
rects, be published in the newspapers.

14. Honorary membership

The Council may, if it thinks fit, award honorary membership of the profession to
persons whom it considers worthy of such honour, on terms and conditions as may be
prescribed by the Council.

15. Provision of library facilities, etc.

The Council shall-

(a)     provide and maintain a library comprising books and publications for the ad-

vancement of knowledge of teaching, and such other books and publications as
the Council may think necessary for the purpose;

(b)         encourage research into teaching methods and allied subjects to the extent that the Council may, from time to time, consider necessary.

16. Regulations and rules

Any regulations made under this Act shall be published in the newspaper as soon as
may be after they are made.

17. Offences

(1) If any person for the purpose of procuring the registration of any name, qualifica-
tion or other matter-

(a)        makes a statement which he believes to be false in a material particular; or

(b)         recklessly makes a statement which is false in a material particular,

he shall be guilty of an offence.

(2) If, on or after the commencement of this Act, any person not being a registered
member of the profession practices as a registered member of the profession or in expec-
tation of reward, or takes or uses any name, title, addition or description implying that he
is in practice as a registered member of the profession, he shall be guilty of an offence:

Provided that, in the case of a person falling within section 10 of this Act-

(a)       this subsection shall not apply in respect of anything done by him during the
period of three months mentioned in that section; and

(b)          if within that period he duly applies for membership of the profession, then,
unless within that period he is notified that his application has not been ap-
proved, this subsection shall not apply in respect of anything done by him be-
tween the end of that period and the date on which he is enrolled or registered
or is notified as aforesaid.

(4) If the registrar or any other person employed by or on behalf of the Council wil-
fully makes any falsification in any matter relating to the register, he shall be guilty of an
offence.

(5) A person guilty of an offence under this section shall be liable-

(c)        on conviction to a fine of an amount not exceeding NI ,000; or

(b)         on conviction on indictment to a fine of an amount not exceeding N5,OOO or to
imprisonment for a term not exceeding two years, or to both such fine and im-
prisonment.

(6) Where an offence under this section which has been committed by a body corpo-
rate is proved to have been committed with the consent or connivance of, or to be attrib-
utable to any neglect on the part of any director, manager, secretary or other similar offi-
cer of the body corporate, or any person purporting to act in any such capacity, he, as
well as the body corporate, shall be deemed to be guilty of that offence and shall be liable
to be proceeded against and punished accordingly.

18. Interpretation

In this Act, unless the context otherwise requires-

“Committee” means the Teachers Disciplinary Committee established by section 9
of this Act;

“Council” means the Teachers Registration Council of Nigeria established by sec-

tion 1 of this Act;

“fees” includes annual subscriptions;

“member” means a member of the Council and includes the chairman;

“Panel” means the Teachers Investigating Panel established by section 9 of this Act;

“register” means the register maintained in pursuance of section 4 of this Act;

“Minister” means the Minister charged with responsibility for matters relating to
education.

19. Short title

This Act may be cited as the Teachers Registration Council of Nigeria Act.

SCHEDULES

FIRST SCHEDULE
[Section 2 (2) and 3.]

Supplementary provisions relating to the Council

Qualification and tenure of office of member

1. (1) Subject to the provisions of this paragraph every elected member of Council shall hold
office for one year in the first instance and shall be eligible for re-election for a further term of
two years in the same office beginning with the date of his appointment or election.

(2) Any elected member may by notice in writing under his hand addressed to the
chairman resign his office, and any appointed member may, likewise so resign his office.

(3) A person who retires from or otherwise ceases to be an elected member of the Coun-
cil shall be eligible to become a member of the Council, and any appointed member may be
re-appointed.

(4) Elections to the Council shall be held in such manner as may be prescribed by rules
made by the Council, and until so prescribed they shall be decided by a show of hands.

(5) If for any reason there is a vacation of office by a member and such member was
elected, the Council may, if the time between the unexpired portion of the term of office and
the next general meeting of the Council appears to warrant the filling of the vacancy, co-opt
some other fit person for such time as aforesaid.

Powers of Council

2. The Council shall have power to do anything which in its opinion is calculated to facilitate
the carrying on of its activities.

 

 

 

 

Proceedings of the Council

3. (1) Subject to the provisions of this Act the Council may make standing orders regulating
its proceedings, and may appoint such Committee as it deems fit, and may make standing or-
ders therefor.

(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 chairman shall have a casting vote.

(l) Standing orders made for a Committee shall provide that the Committee shall report
to the Council on any matter not within its competence to decide.

(4) The quorum of the Council shall be eight and the quorum of a Committee of the
Council shall be fixed by the Council.

Meeting of the Council

4. (1) Subject to the provisions of any standing orders of the Counci I, the Council shall meet
whenever it is summoned by the chairman; and if the chairman is required to do so by notice
in writing given to him by not less than five other members of the Council, he shall summon a
meeting of the council to be held within seven days from the date on which the notice is
given.

(2) At any meeting of the Council, the chairman, or in his absence the vice-chairman,
shall preside; but if both arc absent, the members present at the meeting shall appoint one of
their number to preside at that meeting.

(3) Where the Council desires to obtain advice from any person on a particular matter,
the Council may co-opt him as a member for such period as the Council thinks fit; but a per-
son who is a member by virtue of this sub-paragraph shall not be entitled to vote at any meet-
ing of the Council, and shall not count towards a quorum.

Committees

5. (1) The Council may appoint one or more Committees to carry out on its behalf 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, 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.

(l) A decision of a Committee of the Council shall be of no effect until it is confirmed
by the Council.

Miscellaneous

6. (1) The fixing of the seal of the Council shall be authenticated by the signature of the
chairman or of some other member of the Council authorised generally or specially by the
Council to act for that purpose.

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

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

7. The validity of any proceedings of the Council or of a Committee of the Council shall not
be affected by any vacancy in the membership, or by any defect in the appointment of a mem-
ber of the Council or of a person to serve on the Committee or by reason that a person not
entitled to do so took part in the proceedings.

8. A member of the Council, or 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 con-
sidered by the Council or on behalf of the Council or a Committee thereof, shall forthwith
disclose his interest to the chairman or to the Council, as the case may be, and shall not vote
on any question relating to the contract or arrangement.

9. A person shall not by reason only of his membership of the Council be required to disclose
any interest relating solely to the audit of the accounts of the Council.

SECOND SCHEDULE
[Section 9 (5).]

Supplementary provisions relating to the Disciplinary Committee
and Investigating Panel

The Committee

l. The quorum of the Committee shall be four of whom at least two shall be registered mem-
bers.

2. (1) The Attorney-General of the Federation shall make rules as to the selection of mem-
bers of the Committee for the purposes of any proceedings and as to the procedure to be fol-
lowed and the rules of evidence to be observed in proceedings before the Committee.

(2) The rules shall in particular provide-

(a)    for securing that notice of the proceedings shall be given, at such time and in
such manner as may be specified by the rules, to the person who is the subject
of the proceedings;

(b)    for determining who in addition to the person aforesaid, shall be a party to the
proceedings;

(c)     for securing that any party to the proceedings shall, if he so requires, be entitled
to be heard by the Committee;

(d)     for enabling any party to the proceedings to be represented by a legal practitio-
ner;

(e)     subject to the provisions of section 9 of this Act, as to the costs of proceedings
before the Committee;

(f)       for requiring, in a case where it is alleged that the person who is the subject of
the proceedings is guilty of infamous conduct in any professional respect, that
where the Committee adjudges that the allegation has not been proved it shall
record a finding that the person is not guilty of such conduct in respect of the
matters to which the allegation relates;

(g)     for publishing in the newspapers notice of any direction of the Committee
which has taken effect providing that a person’s name shall be struck off a
register.

3. For the purposes of any proceedings before the Committee, any member of the Committee
may administer oaths and any party to the proceedings may sue out of the registry of the High
Court writs of subpoena ad testificandum and duces tecum; but no person appearing before the
Committee shall be compelled-

(a) to make any statement before the Committee tending to incriminate himself; or

(b) to produce any document under such a writ which he could not be compelled to

produce at the trial of an action.

4. (1) For the purpose of advising the Committee on questions of law arising in proceedings
before it, there shall in all such proceedings be an assessor to the Committee who shall be
appointed by the Council on the nomination of the Attorney-General of the Federation and
shall be a legal practitioner of no less than seven years’ standing.

(2) The Attorney-General of the Federation shall make rules as to the functions of asses-
sors appointed under this paragraph, and in particular such rules shall contain provisions for
ensuring-

(a)     that where an assessor advises the Committee on any question of law as to evi-
dence, procedure or any other mauers specified by the rule, he shall do so in
the presence of every party or person representing a party to the proceedings
who appears thereat or, if the advice is tendered while the Committee is delib-
erating in private, that every such party or person as aforesaid shall be in-
formed what advice the assessor has tendered;

(b)     that every such party or person as aforesaid shall be informed if in any case the
Committee does not accept the advice of the assessor on such a question as
aforesaid.

(3) An assessor may be appointed under this paragraph either generally or for any par-
ticular proceedings or class of proceedings, and shall hold and vacate office in accordance
with the terms of the instrument by which he is appointed.

The Panel

  1. The quorum of the Panel shall be three.
  2. (1) The Panel may, at any meeting of the Panel attended by the members of the Panel,
    make standing orders with respect to the Panel.

(2) Subject to the provisions of any such standing orders, the Panel may regulate its own
procedure.

Miscellaneous

7. (1) A person ceasing to be a member of the Committee or the Panel shall be eligible for
reappointment as a member of that body.

(2) A person may, if otherwise eligible, be a member of both the Committee and the
Panel; but no person who acted as a member of the Panel with respect to any case shall act as
a member of the Committee with respect to that case.

8. The Committee or the Panel may act notwithstanding any vacancy in its membership; and
the proceedings of either body shall not be invalidated by any irregularity in the appointment
of a member of that body, or (subject to paragraph 7 (2) of this Schedule) by reason of the fact
that any person who was not entitled to do so took part in the proceedings of that body.

9. Any document authorised or required by virtue of this Act to be served on the Committee
or the Panel shall be served on the registrar appointed in pursuance of section 4 of this Act.

10. Any expenses of the Committee or the Panel shall be defrayed by the Council.

  

SUBSIDIARY LEGISLATION

No Subsidiary Legislation

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