LAW NO. 9 OF 2004:
A LAW TO ESTABLISH THE ABIA STATE UNIVERSAL BASIC
EDUCATION BOARD (ASUBEB)
PART I - PRELIMINARY
Long Title:
A Law to establish the Abia State Universal Basic Education Board.
Enactment:
BE IT ENACTED by the Abia State House of Assembly of Nigeria as follows:
Citation and Commencement:
- This Law may be cited as the Abia State Universal Basic Education Board Law, 2004; and shall come into force with effect from the 7th of December, 2004.
Interpretation:
- In this Law, unless the context otherwise requires:
"Authority" means the State Universal Basic Education Board;
"Bodies" refer to the Board, a Local Government Education Authority, District Education Committee and School Committee;
"Commission" means the Universal Basic Education Commission established by the National Assembly Of the Federal Republic of Nigeria;
"District" means any Of the Autonomous Communities;
"District Head" means the traditional ruler or leader of an Autonomous Community;
"Federal Fund" means the Universal Basic Education Fund established under Part Ill of UBE Law;
"Functions" include duties and powers;
"Governor" means the Governor of Abia State ofNigeria;
"Members" refer to mepbers of the Board and includes the Chairman;
"School Committee" means members of the Governing Council of each school in the Local Government Education Authority; and
"State" means Abia State of Nigeria.
PART II - ESTABLISHMENT AND FUNCTIONS OF THE BOARD
Establishment of the Board:
- There is hereby established for the State a body to be known as the Abia State Universal Basic Education Board corporate having perpetual succession and a common seal, and may sue or be sued in its corporate name, with power to acquire and hold movable and immovable property and to sell, lease, mortgage or otherwise deal with any such property. Membership of the Board:
- (1) The membership of the Board shall be as follows:
(a) a full-time Chairman to be appointed by the Governor who shall be the Chief
Executive and accounting officer of the Board and must be an experienced and
seasoned educationist;
(b) three full-time members appointed by the Governor. The appointment Of the
Chairman, Secretary and the three full-time members of the Board shall be subject
to the confirmation Of the House of Assembly;
(c) one ex-officio member to represent the Ministry Of Education in the State, not
below the rank of director,
(d) three ex-officio members to represent the Local Governments from the three senatorial zones;
(e) One representative from:
- the parents/teachers association (PTA) in the State;
- the State wing of the Nigerian Union of Teachers (NUT);
- the Women group to be appointed by the Governor;
- the State Ministry of Education Inspectorate Division; and
- the Non-Academic Staff Union (NASU).
(2) There shall be a Secretary for the Board who shall be an experienced and seasoned educationist and shall be appointed by the Governor.
Functions of the Secretary of the Board and other Committees:
(3) The Secretary to the Board and the Secretaries for Subordinate Committees of the Board shall:
(a) be the Chief Administrative Officers of their respective Bodies;
(b) keep record of the proceedings of the Board or Committees as the case may be;
(c) perform such other duties as the Board or Committees may from time to time assign as appropriate. Tenure of Office of Board Members:
5. (l) The Chairman, Secretary and other full-time members of the Board shall hold office for a period of four years and shall be eligible for reappointment for a further period of four years. Resignation and Removal from Office:
(2) (a) Any member the Board other than an ex-officio member may in notice to the Board resign his office.
(b) A member may at any time be removed from office by the Governor for inability to discharge the duties of his ofT1ce arising from infirmity of mind or body, or for act of misconduct. Functions of the Board:
6. The functions of the Board shall include:
(a) management of primary schools, nomadic schools and junior secondary schools in the State;
(b) recruitment, appointment, promotion and discipline of teaching and non-teaching staff on salary grade level 07 and above;
(c) posting and deployment of staff including inter-state transfer;
(d) disbursement of funds provided to it from both the Federal and State sources;
(e) setting up an effective functional supervisory unit;
(D retirement and reabsorption of teaching and non-teaching staff;
(g) undertaking new capital projects;
(h) approving the training and retraining of teaching and non-teaching staff;
(i) assessing and funding of salaries and allowances of teaching and non-teaching staff based on the scheme of service drawn up by the State Government;
(j) ensuring that annual reports are rendered by Education Secretaries, heads of schools and teachers appointed to serve under them;
(k) preparing testimonials and certificates of service for teaching and non-teaching staff whenever necessary;
(l) dealing with leave matters, including annual vacation;
(m) ensuring annual auditing of accounts;
(n) maintenance and rehabilitation of dilapidated classrooms/schools and other school infrastructures;
(o) physical/environmental development in line with child friendly school initiative;
(p) promoting with and coordination of assistance by donor agencies such as UNICEF, WORLD BANK, UBE, etc.
(q) establishing office for a principal who shall head the JS 1-3;
(r) purchase and distribution of instructional materials;
(s) carrying out mass mobilization and sensitization of the general public and enter into partnership with communities and all stakeholders on Basic Education with the aim of achieving overall objective of the performance in the State;
(t) coordinating and supervising of teaching and learning in private primary schools and junior secondary schools in the State;
(u) providing subvention or aid in grant to private primary and junior secondary schools in the State;
(v) performing such other functions as may be assigned to the Board by the State Government Or UBE Commission.
PART 111 - FINANCIAL PROVISIONS FOR THE BOARD Sources of Fund:
7. (l) The Universal Basic Education in the State shall be financed by the Federal, State and Local Government from funds approved by Law viz:
(a) funds allocated to the State and Local Government Education Authorities by the Universal Basic Education Commission from the grant allocated/aecruing to it from the Consolidated Revenue Fund of the Federal Government;
(b) appropriate share of fund or contributions in form of Federal guaranteed credits from the Universal Basic Education Commission as may be credited directly to the accounts by the Board or Local Education Authorities relevant agencies;
(c) local and international donor grants;
(d) provision for Basic Education in the annual budgets of Local Governments. Such provision must not be less than 45% of total revenue accruing to the Local Government from Federal and State Governments and must be sufficient to cater for the personnel emoluments of teaching and non-teaching staff of Local Education Authorities and their overhead cost (overhead cost of LGEA shall be 5% of total emolument of the LGEA) and shall be treated as first charge by the State, Local Government Joint Accounts Allocation Committee (SLGJAAC);
(e) intervention funds accruing to the Commission from the Federal Government of Nigeria;
(f) reasonable proportion of funds allocated to Basic Education by the State Government vide its annual budget and less than 15% of Local Government contribution to Basic Education. Such funds shall be released regularly for the running of the State Universal Basic Education Board, provision of infrastructure in schools and general development of Universal Basic Education in the State;
(g) fund provided by the State Government for the payment of salaries for staff of junior secondary schools and for provision and maintenance of infrastructure;
(h) funds provided by the State Government for the payment of State Universal Basic Education Board Headquarters staff;
(i) other sources as may from time to time be approved by the Government and/or State House of Assembly.
Application of Proceeds of the Board's Funds:
8. The Board may from time to time apply the proceeds of its fund Established pursuant to Section 9 of this Law in any of the following ways:
(a) to the cost of administration of the Board;
(b) for reimbursing members Of the Board for such expenses as may be expressly authorized by the Board in accordance with the rates approved by the State Government;
(c) for and in connectiom•with all or any of the functions under this Law while serving in any of the bodies;
(d) provision of subvention and aid-in-grants to private primary schools and junior secondary schools in the State.
Establishment of the Board's Fund:
9. (l) The Board shall establish and maintain a fund separate from the National fund as to both principal and interest, from which shall be defrayed, all expenses incurred by it.
(2) There shall be paid and credited to the fund established pursuant to Sub-section (l) of this Section such payments as may be made to it by the Federal, State and Local Government Joint Account.
(3) All expenses relating to the management of primary education and junior secondary schools in the State shall be defrayed from the fund.
Annual Estimates and Accounts:
10. (l) The Board shall not later than 31st October in each year submit to the State Ministry of Education Grand estimate of its expenditure and income (including payments to the Board's fund during the next succeeding year).
(2) The Board shall keep proper accounts in respect of each financial year (and proper records in relation thereto) and shall cause its accounts to be audited within six months after the end Of each year by auditors appointed from the list and in accordance with the guidelines submitted by the Auditor-General Of the State. Salaries and Allowances Of Members: I I. A member of the Board shall be paid out of the monies at the disposal of the Board such remuneration, fees or allowances as contained in the establishment circular of Abia State.
PART IV - ESTABLISHMENT OF THE LOCAL GOVERNMENT EDUCATION AUTHORITY
Establishment of Local Government Education Authority:
12. (1) There is hereby established for each Local Government Area of the State, a Local Government Education Authority, which shall be subject to the control of the Board.
Membership of the Local Government Education Authority:
(2) The Local Government Education Authority shall comprise:
(a) A part-time Chairman who shall be a seasoned educationist appointed by the Chairman of the Local Government Council;
(b) one representative of the Ministry of Education;
(c) one representative of the Nigerian Union of Teachers (NUT) in the Local Government Area;
(d) one representative of Women Group in the Local Government Area;
(e) one representative of Parentsneachers Association (PTA) in the Local Government Area;
(f) one traditional ruler or district head;
(g) two eminent persons, who are normally domiciled in the Local Government and who shall represent special interest and shall be appointed by the Chairman of the Local Government;
(h) the Secretary who shall be an experienced and a seasoned educationist shall be appointed by the Chairman of the Local Government;
(i) one representative of the Conference of Primary School Heads of Nigeria (COPSHON);
(j) the Supervisor of Education in the Local Government Area.
Appointment of Members of the Authority who are not Public Officers:
(3) The members Of the Local Government Education Authority who are not public officers shall be appointed by the Chairman of the Local Government on the recommendation of the bodies they represent.
Tenure of Office of Secretary of the Authority:
(4) The Secretary of the Local Government Education Authority shall hold office in the first instance for a period of three years and shall be eligible for reappointment for a further period of three years.
Function of the Authority's Secretary:
(5) The Secretary of the Local Government Education Authority shall be the chief executive of the. Education Authority and shall be responsible for the day-to-day administration of the affairs of the Authority.
Functions of the Authority:
13. The functions of the Local Government Education Authority shall be carried out subject to the control of the Board. The said functions shall include:
(a) to supervise the administration of primary schools and JS 1-111 and nomadic schools in their areas of jurisdiction and shall include making recommendations:
(i) for the appointment, posting, transfer, promotion and discipline of staff on grade levels 01-06 in its "Area of jurisdiction".
(ii) to the Board on promotion and discipline of teaching and non-teaching staff on grade levels 07 and above in its Area of jurisdiction.
(b) Submission of annual estimate, annual accounts and monthly returns to the Board.
(c) Payment of salaries, allowances and benefits to all the teaching and non-teaching staff in its areas of jurisdiction.
(d) Acquisition and distribution of materials and equipment to all primary and nomadic schools as well as JS 1-111 in its areas of jurisdiction.
(e) Undertaking general maintenance of primary schools and nomadic education as well as JS 1-111 school building and infrastructures in its areas of jurisdiction.
(f) Stimulating, promoting and encouraging communal participation in the running of primary schools, nomadic education and JS 1-111 schools in its jurisdiction.
(g) Taking all reasonable steps to ensure full enrolment and attendance in all primary, nomadic and JS 1-111 schools in its area of jurisdiction.
(h) Providing regular feedback to the Board on people's reaction to Government Education measures in its area Of jurisdiction.
(i) Ensuring that annual reports are rendered to the Board on all activities of the Authority during the preceding year, especially on teaching and non-teaching staff in its area of jurisdiction.
(j) Supervising all Education Committees in its area ofjurisdiction, and
(k) Performing such other functions as may be delegated to it by the Board.
PART V FINANCIAL PROVISIONS RELATING TO THE LOCAL GOVERNMENT EDUCATION AUTHORITY
Separate Account by the Authority:
14. Each Local Government Education Authority shall establish and maintain a separate account into which shall be paid in and credited such payment as may be made to it by the Board and the Local Government.
Payment of the Revenue collected by School heads and Maintenance of proper record:
15. (l) It shall be the responsibility of each school head to Collect all approved revenue payable at his school and to pay such revenue promptly into an appropriate bank account of the Local Government Education Authority in the area.
(2) Every school head shall maintain proper record of all moneys or gifts received, and all expenditures incurred on behalf of his school, and render full account monthly to the Authority or at such period as may be prescribed by the Authority.
PART VI ESTABLISHMENT AND FUNCTIONS OF THE DISTRICT EDUCATION COMMITTEE
District Education Copmittee:
16. (l) There is hereby established in each District of the Local Government Area of the State, a District Education Committee.
Membership of the District Education Committee:
(2) The District Education Committee shall comprise not more than twelve members and shall include:
(a) A Chairman who shall be a recognized community leader appointed by the Chairman of the relevant Local Government.
(b) Two representatives of parents/Teachers Association (PTA) in the Area.
(e) One representative of Women Group in the District.
(d) One representative of the Nigerian Union of Teachers (NUT).
(e) One religious leader.
(f) One representative Of the business community.
(g) Two other members who are educationists and from the locality, to be appointed by the Chairman of the Local Government, and
(h) The Secretary to the District Education Committee who shall be a senior head teacher in the locality.
Functions of the District Education Committee:
17. The District Education Committee shall be subject to the control of the Authority in its Local Government Area and shall be responsible for.
(a) Recommending to the Authority:
i. necessary repairs and renovations of primary school buildings in the Area;
ii. the adequacy of teaching and non-teaching equipment and materials required for the Areas;
(b) promoting and encouraging communal interest and participation in the running of primary education in the Area;
(c) ensuring good enrolment and full attendance in all primary schools in its area;
(d) keeping the Authority informed of all educational problems in its area; and
(e) performing such other functions as the Authority may from time to time assign to it.
PART - MISCELLANEOUS PROVISIONS Equality of Right to Education:
18. (1) There shall be equal right or chances to education to all citizens of Abia State.
Overstaffed School:
(2) No school shall be allowed by the Board to be overstaffed.
Failure to enforce the Law:
(3) Where the Board fails to enforce any provisions of this Law, the officer or Board member whose responsibility it is to execute or implement same shall be læmoved or suspended from office by the Governor or by a resolution of the House of Assembly.
Duty to disclose Interest:
19. A member of the Board or of a Committee thereof who has a personal interest in any contract or arrangement entered unto or proposed to be considered by the Board or the Committee shall foghwith disclose his interest to the board or Committee and shall not vote on any question relating to the contract or agreement.
Seal of the Board:
20. (l) The fixing of the seal of the Board shall be authenticated by the signature of the Chairman of the Board.
(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 Board by the Chairman. Annual Report:
21. The Board shall prepare and submit to the State Government not later than 30th June in each year a report in such form as it may direct on the activities of the Board during the immediately preceding year and shall include in such report a copy of the audited accounts of the Board for that year and the Auditor-General 's report therein. Access to Records: 22.
(l) For the purposes of carrying out the functions of the Board under this Law, the Chairman:
(a) shall have right of access to all the records of an institution or authority to which this Law applies for the specific purpose of discharging his duties under this Law;
(b) may, by notice in writing, served on any person in charge of such institution or authority, require such person or authority to furnish information on matters specified in the notice.
(2) It shall be the duty of any person or authority required to furnishing information pursuant to Sub-section (l) of this Section to comply with the notice within a reasonable period of time.
(3) In this section, the reference to an institution is referenced to a primary school and junior secondary (1-3) as the case may be and any other institution in the State recognized for that purpose by the State Universal Basic Education Board.
Other Staff of the Bodies:
23. The officers and servants of each of the bodies, other than the Chairman, may be appointed by each body by way of transfer or secondment from any of the public services of the State. Approval of Services in the Board:
24. It is hereby declared that services in the Board shall be approved service for the purposes of the Pension Law and, accordingly offcers and other persons employed in the Board shall be entitled to pensions, gratuity and other retirement benefits as duly prescribed so that nothing in this Law shall prevent the appointment of a person to any office on terms which preclude the grant of pension, gratuity or other retirement benefit in respect of that office.
Legal Proceedings
25. (l) No suit against the Board or against any member, officer or employee of the Board respecting any act, neglect or default done or committed in his capacity as such member, officer or employee, shall lie or be instituted in any court unless it is commenced within three months from the occumnce of the act, neglect or default, or in the case of a continuance of damage or injury within three months immediately after the cessation thereof.
One-month Notice:
(2) No suit shall be commenced against the Board or against any member, officer or employee of the Board respecting any act, occasion, neglect or default done or committed in his capacity as such member, officer or employee, unless, at least, one month of a written notice by or on behalf of the 'intending plaintiff intention' to commence the said suit has been served on the office or Board stating as follows:
(a) the cause of action;
(b) particulars of the claim, and
(c) the name and place Of abode of the intending claimant.
Issuance of notice of summons:
(3) The notice referred to in subsection (2) of this section and any summons, notice Or other documents required or authorized to be served on:
(a) the Board may be so served by — delivering same to the Chairman, Or iii. sending it by registered post and addressed to the Chairman at the principal' s office. On the member, officer or employee by sending it by registered post and addressed to the Chairman at the principal 's office. Representing the Board in court:
(4) In any suit by or against the Board, the Board may without prejudice to any other form of representation, be represented at any stage of the proceeding by any member, officer, or both or any legal practitioner.
(5) In any suit against the Board, no execution, attachment or process shall be issued against the Board by any Court where notice of appeal has been given by the Board in respect to any judgement, decision, or order of the court may be paid by the Board from the funds of the Board. Repeal of cap. 10 vol. 1 1991-1997 Laws of Abia State:
26. The State Primary Education Management Board Law Cap. 16 Vol. 1 1991-1997 Laws of Abia State is hereby repealed.
Assets and Liabilities of State Primary Education Board Now Vested in the Board:
27. By virtue of this Law without further assurances, there shall be vested in the Board, all assets and liabilities, funds, resources and other movable and immovable property which immediately before the Commencement of this Law were vested in or were in possession or under the control of the State Primary Education Management Board.
Transitional Provisions:
28. Notwithstanding the repeal of the State Primary Education Management Board Law Cap. 16 Vol. 1 1991-1997 Laws of Abia State, the Board, its management and staff shall remain as if they were appointed under this Law.
29. The object and purpose of this Law is to establish the Abia State Universal Basic Education Board.