PART VI- MISCELLANEOUS
20 – (1) In the exercise of the functions under this Act, the Agency may demand by requisition form any organization, any available equipment, facilities of personnel which may assist in a speedy and effective search and rescue operation and any other form of disaster operation during a period of emergency.
(2) Any organization which:
(a) Willfully obstructs or impedes the Agency or any person action under the authority of the agency in the exercise of any powers or duties under this action.
(b) Without reasonable excuse fails to;
(i) render assistance or release any available equipment, facility or personnel required for a search and rescue operation or other disaster curtailment activities, or
(ii) Comply with an objective of the Agency.
is guilty of an offence and liable on conviction to a fine not exceeding #50,000 or imprisonment for a term of 6 months or to both such fine and imprisonment.
(3) The Agency shall provide compensation for loss or damage arising from the use of any equipment, facility or personnel required under this section of this Act.
21- (1) For the purpose of providing offices and premises necessary for the performance of its functions under this Act, the Agency may subject to the Land Use Act.
(2) The Agency may Subject to the Land Use Act, sell or
Lease out any office or premises held by it, which office or premises
Is no longer required for the performance of its functions under this
(a) Act. Purchase or take on lease any interest in land. Or other
Property; and
(b) Construct office and premises and equip and maintain
Same
22. Subject to the provisions of this Act, the president, Direct By the president Federal Republic of Nigeria
may give to the Agency directives a general nature or relating generally to matters of policy with regard to the performance by the Agency of its functions and it shall
be the duty of the Agency to comply with the directives
23. – (1) The national Emergency Relief Agency Act is Replace of Cap 257
hereby repealed and accordingly the Agency established under that LFN 1990 and Saving provision e.t.c
Act (in this section referred to as “the dissolved Agency’) is
Consequently dissolved.
(2) By virtue of this Act, there shall be vested in the Agency
Immediately at the commencement of this act, without further assurance, all assets, funds, resources and other movable and
Immovable property which immediately before the commencement
of this Act were vested in the dissolved Agency.
(3) As from the Date of commencement of this Act –
(a) All rights interest, obligations and liabilities of the
dissolved Agency existing before the commencement of this
Act under any contract or instrument or in law or in equity,
Shall by virtue of this Act be assigned to and vested in the
Agency established by this Act;
(c) Any contract or instrument as is mentioned in paragraph
(a) Of this subsection shall be of the same force and effect
against or in favour of the Agency established by this Act
and shall be enforceable as fully and effectively as if instead
of the dissolved Agency, the Agency established by this Act
had been named therein or had been a party thereto;
(c ) The Agency established by this Act shall be subject to all
the obligations and liabilities to which the dissolved Agency
was subject immediately before the commencement of this
Act and all other person shall have the same rights, powers
And remedies against the agency as they had against the
dissolved Agency immediately before the commencement of
this Act.
(4) Any proceedings or cause of action pending or existing
Immediately before the commencement of this Act by or against the
dissolved Agency in respect of any right, interest, obligation or
liability of the dissolved Agency may be commenced or continued,
as the case may be and any determination of any court of law,
tribunal or other authority or person may be enforced by or organist
The Agency to the same extent that the proceedings cause of action
Or determination mighty have been continued, commenced or
enforced by or against the dissolved Agency as if this Act had not been made.
(5) Notwithstanding the provision of the Act but subject to
Such directions as may be issued by the Agency established this
Act, a person who immediately before the commencement of this
Act held office in the dissolved Agency shall be deemed to have
been transferred to the Agency established by this Act on terms and
Conditions not less favorable than those obtaining immediately
before the commencement of this Act, and service in the dissolved
Agency shall be deemed to service in the Agency established by
This Act for purposes of pension.
(6) The President, Federal Republic of Nigeria, if he thinks
fit, may within twelve months after the commencement of this Act,
by order published in the Gazetle, make additional transitional or
Savings provision for the better carrying out of the objective of
this section.
24. The Agency may, with the approval of the President, Regulations.
Federal Republic of Nigeria, make regulations, generally for the
Purpose of giving full effect to this Act,
25. In this Act, unless the context otherwise requires “Agency” means the National Emergency Management Agency established, under section 1 of this Act;
“Chairman” means the Chairman of the Council;
“Council means governing council established for the
Agency under section 2 (1) of this Act;
“member” means a member of the Councils and includes the
Chairman,
26. This Act may be cited as National Emergency Short Title
Management Agency (Establishment, etc. ) Act.
SCHEDULE Section 2 (4)
SUPPLEMENTARY PROVISIONS RELATING TO
THE COUNCIL, ETC
Proceedings of the Council
1. - (1) Subject to this Act and section 27 of the interpretation
Cap 192 LFN
Act, the Council may make standing orders regulating its
Proceedings or those of any of its committees.
(2) The quorum of the Council shall be the Chairman or the
Person presiding at the meeting and 5 other members of the
Council and the quorum of any committee of the Council shall be
as determined by the Council.
2- (1) The Council shall meet whenever it is summoned by
the Chairman and if the Chairman is required to do noticed
Given to him by not less than 8 other members, he shall summon a
Meeting of the Council to he held within 14 days from the date on
Which the noticed is given
(2) At any meeting of the Council, the Chairman shall preside
but if he absent, the members present at the meeting shall appoint
one of their numbers to preside at the meeting
(3) Where the Council desires to obtain the advice of any
Person on a particular matter, the Council may co-opt him to the
Council for such period as it deems fit, but a person who is in
attendance by virtue of this sub- paragraph shall not be entitled to
Vote at any meeting of the Council and shall not count towards a
Quorum
Committees
3- (1) The Council may appoint one or more committees to
carry out on behalf of the Council, such functions as the Council
may determine.
(2) A committee appointed under this paragraph shall consist
Of such number of persons as may be determined by the Council
and a person shall hold office on the committee in accordance with
the terms of his appointment.
(3) A decision of a committee of the Council shall be of no
effect until it is confirmed by the Council.
MISCELLANEOUS
4- (4) The Fixing of the seal of the Agency shall be
authenticated by the signature of the Chairman, the Director –
General or any person generally or specifically authorized 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 Agency
by the Director – General or any person generally or specifically
Authorized by the Council to act for that purpose.
(3) A document purporting to be a document duly executed
under the seal of the Agency shall be received in evidence and
Shall, unless and until the contrary is proved, be presumed to be so
executed.
(4). The validity of any proceedings of the Council or of a
Committee shall not be adversely affected by-
(a) A vacancy in the membership of the Council or
Committee; or
(b) A defect in the appointment of a member of the Council
or committee; or
(c) Reason that a person not entitle to do so took part in the
Proceeding of the Council or committee.