Functions of the Commission
- to work out an equitable formula, subject to the approval of the President, for distribution of all cadres of posts in the civil and public services of the Federation and of the States, the Armed Forces, the Nigerian Police force and other security agencies, bodies corporate-owned by the Federal or a State Government and Extra-Ministerial Departments and Parastatals of the Federation and States;
- to promote monitor and enforce compliance with the principles of proportional sharing of all bureaucratic, economic, media and political posts at all levels of government;
- to take such legal measures including the prosecution of the heads of staff of any Ministry, Extra Ministerial Department or agency which fails to comply with any federal character principle: or formula prescribed or adopted by the Commission;
- to work out
- an equitable formula, subject to the approval of the President, for distribution of socio-economic services, amenities and infrastructural facilities;
- modalities and schemes, subject to the approval of the President, for redressing the problems of imbalances and reducing the fear of relative deprivation and marginalization in the Nigerian system of federalism as it obtains in the public and private sectors;
- to intervene in the operation of any agency of the Federal Government, subject to the approval of the President, where in the opinion of the Commission the function of the agency concerned is relevant to the functions of the Commission and the Commission is of the opinion that it is not being effectively implemented;
- to advise the Federal, State, and local governments to intervene and influence providers of services, goods and socio-economic amenities to extend such services, goods and socio-economic amenities to deprived areas of the country;
- to ensure that all Ministries and Extra-Ministerial Departments, agencies and other bodies affected by this Act have a clear criteria indicating conditions to be fulfilled and comprehensive guidelines on the procedure for-
- determining eligibility and the procedure for employment in the public and private sectors of the economy;
- the provision of social services, goods and socio-economic amenities in Nigeria;
- to ensure that public officers shall, in the performance of their functions, adhere strictly to rules and regulations made pursuant to this Act;
- to advise the Federal Government of Nigeria on the structure and rationalization of any Ministry, Extra-Ministerial Department or agency; and
- carry out such other functions as the President shall, from time to time, assign to it.
- the posts mentioned in paragraphs (a) and (b) of subsection (1) of this section shall include those of the Permanent Secretary in the Civil Service of the Federation or the State Civil Service, Directors-General in Extra-Ministerial Departments and Parastatals, Directors in Ministries and Extra-Ministerial Departments, Senior Military Officers, Senior Diplomatic Posts, Managerial Cadres in the Federal and State Parastatals, Bodies Corporate, Agencies and Institutions; and
- socio-economic services, amenities and facilities mentioned in paragraph (d) of subsection (1) of this section include those in the sectors of education, electricity, health, commerce and industry, telecommunications, transport and youth development.
Any person who fails to comply with the guidelines issued under paragraph (h) of subsection (1) of this section is guilty of an offence under this Act and liable to penalties specified in section 15(1) of this Act.
Notwithstanding any provision in any other law or enactment, the Commission shall ensure that every public company or corporation reflects the federal character in the appointment of its directors and senior management staff.
Subsections
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Subsection (1)
Core Functions of the Commission (a – j) -
Subsection (2)
Clarification on posts and socio-economic services -
Subsection (3)
Offence and penalties for non-compliance -
Subsection (4)
Application to public companies and corporations
Power of the commission
In carrying out its mandate, the Commission is empowered to
(1) The Commission shall have power to
- formulate and provide guidelines for Government agencies and other employers and providers of service and socio-economic amenities;
- monitor compliance with the guidelines and formulae at Federal, State, Local Governments and Zonal levels in the employment and provision of socio-economic amenities;
- enforce compliance with guidelines and formulae in areas of the provision of employment opportunities, distribution of infrastructural facilities, socio-economic amenities and other indices;
- compel boards of directors of Government-owned companies and other enterprises, which are subject to the provisions of this Act, to comply with the guidelines and formulae on ownership structure, employment and distribution of their products;
- demand and receive returns on employment and socio-economic indices from any enterprise or body corporate and penalize any enterprise which does not comply with a request from the Commission;
- Undertake the recruitment and training of staff of government agencies or departments where desirable;
- institute investigation into any matter relating to any institution or organization which is subject to the provisions of this Act and if the institution or organization concerned fails to cooperate with the Commission, the institution or organization shall be required to bear the cost of such investigation; and
- do anything which in the opinion of the Commission is incidental to its functions under this Act.
(2) For the purposes so subsection(1) of this section, the Commission shall have power to take such legal action including persecuting of any person, whether corporate or uncorporated who, being obliged to comply with the provisions of this Act, fails to do so.
Subsections at a Glance
- Subsection (1) The Commission shall have power to formulate and provide guidelines, monitor compliance, enforce compliance, compel boards, demand returns, undertake recruitment, institute investigations, and perform incidental actions.
- Subsection (2) Legal enforcement powers including the taking of legal action against non-compliant persons.