A BILL

FOR A LAW TO ESTABLISH THE AKWA IBOM STATE ASSETS MANAGEMENT AGENCY FOR THE
PRESERVATION, MANAGEMENT AND MAINTENANCE OF STATE GOVERNMENT-OWNED ASSETS
AND FOR CONNECTED PURPOSES

COMMENCEMENT ( )

BE IT ENACTED BY THE AKWA IBOM STATE HOUSE OF ASSEMBLY as follows-

PART I
ESTABLISHMENT OF AKWA IBOM STATE ASSETS MANAGEMENT AGENCY

1. Establishment of the Agency.

(1) There is hereby established an Agency to be known as the Akwa Ibom State Assets
Management Agency (referred to in this Law as the “Agency”)
(2) The Agency shall be a corporate body with perpetual succession and a common seal with
the power to sue and be sued in its corporate name and may acquire, hold and dispose of
property whether movable or immovable.

2. Objectives of the Agency.

The objectives of the Agency shall be to -
(a) provide for the effective preservation, management and maintenance of all assets
owned or controlled by the State Government;
(b) provide a uniformed management framework for sustainability, efficiency and
accountability in the use of such assets; and
(c) establish systems for regular maintenance and refurbishment of assets and the
proper disposal of used assets.

3. Functions of the Agency.

(1) The functions of the Agency shall be to-
(a) develop a consistent asset management approach and programmes across all
Ministries, Departments and Agencies (MDAs) of the State with the exception of
assets concessioned to an operator under a Public Private Partnership;
(b) create and maintain an inventory register of all assets of the State Government in line
with international standards;
(c) draw up master plan for the management and maintenance of Government assets
within and outside the State;
(d) establish the procedure for assessment of assets of the State and determine service
levels of each class of assets;
(e) act as consultant in conjunction with the MDAs of the State in facility management
and maintenance;
(f) ensure compliance with relevant statutory provisions;
(g) approve the registration of facility Managers, monitor and co-ordinate outsourced
facility management services;
(h) supervise all aspects of facilities management and maintenance with a view to
ensuring that all public assets, facilities and installations are operating at optimal
capacity;
(i) perform periodic audit checks of State-owned assets and advise on the maintenance
or disposal of such assets;
 (j) co-ordinate the performance of outsourcing of management scheduled and
unscheduled maintenance works, including general cleaning, fumigation, painting,
furniture works and fixtures, mechanical and electrical fittings, replacement of spare
parts, maintenance of sewage and drainage systems and horticultural requirements
of all State owned premises;
(k) advise and make appropriate recommendations to the Governor, the Commissioner
or any MDA or Body of the State, in relation to any policy matter, legislative proposal
or other matters concerning or likely to affect asset management in the State;
(l) foster and promote co-operation and exchange of information with MDAs of
Government on asset management;
(m) ensure that all State-owned assets currently in use are operational, efficient and
also meet the standard set by the Agency;
(n) co-operate with other competent authorities, organizations or persons within and
outside the State charged with the responsibilities for asset management;
(o) promote public awareness and publicity campaigns for the purpose of educating all
concerned on the use and management of public infrastructure and facilities; and
(p) perform any other function that may be necessary for the attainment of the
objectives of this Law.

PART II
ESTABLISHMENT AND COMPOSITION OF BOARD

4. Establishment of the Board.

There is hereby established for the proper management and administration of the
Agency, a Governing Board (referred to in this Law as “the Board”).

5. Membership of the Board.

(1) The Board shall consist of the following members-
(a) a Chairman, who shall be a person of proven integrity with cognate experience,
requisite qualifications and knowledgeable in the relevant discipline;
(b) two (2) persons from the private sector with proven integrity and knowledgeable
in matters relevant to the functions of the Agency;
(c) a representative each from the following ministries as ex-officio members-
(i) Housing;
(ii) Works;
(iii) Finance; and
(iv) Justice.

(d) The General Manager who shall be the Chief Executive Officer of the Agency.

(2) The Chairman and members of the Board other than ex-officio members shall be
appointed by the Governor, subject to confirmation by the State House of Assembly.

6. Tenure of office.
(1) Subject to the provisions of this Law and any other Law in the State prescribing the
tenure of office of members of Statutory Boards, the Chairman and members of the
Board other than the General Manager and ex-officio members shall-
(a) hold office for a term of three years and may be re-appointed for another term of
three years and no more; and
 (b) serve the Agency on part-time basis.
(2) An ex-officio member of the Board shall hold office by virtue of the office which he
occupies.
(3) Notwithstanding the provisions of sub-section (1) of this section, the Governor may
dissolve the Board at any time if the Governor is satisfied that the Board should be
dissolved in the interest of the State.

7. Remuneration
The Chairman and members of the Board shall be paid such remuneration and allowances
as may be determined and approved by the Governor.

8. Vacation of Office
The office of the Chairman or member of the Board shall become vacant if he-
(a) resigns his appointment in writing;
(b) is adjudged bankrupt or makes compromise with his creditors;
(c) is convicted of an offence involving fraud, dishonesty or moral turpitude;
(d) is incapacitated by physical or mental illness or otherwise unable or unfit to
discharge his duties as a member;
(e) has a conflict of interest or is guilty of serious misconduct in relation to his duties;
or
(f) he is removed from office by the Governor for whatever reason.
9. Functions of the Board.
The functions of the Board shall be to-
(a) set guidelines for the management of the Agency and ensure compliance with the
provisions of this Law and Regulations made under it;
(b) provide general policy guidelines for the operations of the Agency and supervise the
implementation of such policies;
(c) ensure the effective and optimum performance of the Agency and work towards the
attainment of its objectives;
(d) approve the Master Plan developed by the Agency for the management and
maintenance of assets in the State;

(e) administer the funds of the Agency; and

(f) perform such other functions as may be necessary to ensure efficient operations of of
the Agency under this Law.

10. Meetings
(1) The Board shall, at such date and time as the Chairman may decide, hold any meeting
for the transaction of its business and shall meet once every month.
(2) The Chairman shall at any time, upon the requisition of three or more members,
convene a meeting of the Board to transact any business specified in the notice of
such meeting.
(3) The chairman shall preside at every meeting of the Board and in his absence, the
members present shall elect one of their members to preside at such meeting.
11. Quorum
The quorum for a meeting of the Board shall be five (5) members and no meeting of the
Board shall proceed without a quorum being formed.

12. Voting
(1) The decision of the Board shall be by majority votes of the members present at the
meeting and each member shall be entitled to only one vote.
(2) Where there is equality of votes at the meeting, the Chairman or any member
presiding at such meeting shall have a casting vote.

13. Co-option of members

Whenever the Board needs the advice of any person on any matter, the Board may co-opt
such a person to be present at such meeting, and the person so co-opted, shall advice the
Board on any matter referred to him but shall not vote on any question or count towards
the quorum at such meeting.

14. Validity of Proceedings.

The validity of the proceedings of the Board shall not be invalidated by any vacancy in its
membership or by any defect in the appointment of a member or by reason that a person
who is not entitled, has taken part in such proceedings.

PART III
STAFF THE AGENCY
15. The General Manager.
(1) There shall be a General Manager of the Agency who shall be a qualified professional
in a discipline relevant to assets management with cognate experience and a
registered member of a professional body where such body exists.
(2) The General Manager who shall be the Chief Executive Officer of the Agency shall-.
(a) hold office under a written contract of service for a term of four years, and on
such other terms and conditions as are specified in the contract of service;
(b) subject to the policy guidelines approved by the Board, direct the activities of the
Board and be responsible for the general administration of the Board;
(c) be responsible for the implementation of the policies and decisions of the Board;
(d) be the accounting officer for the purpose of controlling and disbursing the Board’s
funds;
(e) exercise general supervision and administrative control over staff of the Board;
(f) establish and develop a management structure comprising departments and units
of the Agency;
(g) advise and make proposals to the Board on any matter relating to the functions
and activities of the Agency; and
(h) perform such other duties as may be conferred on him under this Law or as may
be determined by the Board.

(3) Notwithstanding the provision of sub-section (2) of this Section, the Governor may
remove the General Manager from office at any time if in his opinion such removal is
in the interest of the State or the Agency.

16. The Secretary/ Legal Adviser

The Agency shall appoint a Secretary/Legal adviser who shall-
(a) be a legal practitioner with a minimum of ten (10) years post call experience;
 (b) be responsible to the Board and issue notices of its meetings as may be directed by
the Chairman;
(c) keep the Seal and records of the proceedings of the Board; and
(d) perform such other duties as may be assigned to him by the General Manager or the
Board.
17. Appointment of Consultant.
The Agency may appoint consultants, contractors or service providers for the purpose of
asset management and maintenance in the State and shall be bound by any concession
agreement entered into by the State Government in relation to any public asset.

18. Other Staff of the Agency.

The Agency may, with the approval of the Governor, employ staff or seek deployment
from the State Civil Service such number of staff as may, in the opinion of the Agency, be
required for the purpose of discharging its functions under this law.
19. Conditions of Service.
The terms and conditions of service in the Agency shall be as applicable in the State Civil
Service provided that the Agency may, with the approval of the Governor grant other
remuneration and fringe benefits to its staff.
20. Pensions and Gratuities.
(1) The staff employed by the Agency shall be entitled to pensions, gratuities and other
retirement benefits as enjoyed by persons holding equivalent grades in the civil
service.
(2) Nothing in this Law shall prevent the appointment of a person to any office on terms
which preclude the payment of pension and gratuity in respect of that office.

PART IV
ASSETS MANAGEMENT

21. Principles of Assets Management. Cap. 122

(1) The Agency shall enforce the following principles of asset management-
(a) an asset shall be used efficiently and becomes surplus to a user if it no longer
supports its service delivery objectives at an efficient level and if it cannot be
upgraded to that level;
(b) identify and consider alternative service delivery methods that do not require
asset acquisition in order to minimize the demand for assets;
(c) in making acquisition, consideration shall be given to whether-
(i) an asset currently used by the State is adequate to meet a change in its
delivery objectives; and
(ii) the cost of the asset as well as its operational and maintenance costs
throughout its life cycle justifies its acquisition in relation to the value of
the service to be delivered.
(d) assets that are currently in use shall be kept operational to function in a manner
that supports efficient service delivery;
(e) the best value for money shall be obtained or realised when an asset is acquired
or disposed of in accordance with the Public Procurement Law of the State;
(f) in making disposal, the custodian shall consider whether the asset concerned can
be used-
(i) by another user or jointly by different users;
(ii) to enhance social development initiatives of government; and
 (iii) to achieve Government’s socio-economic objectives.

22. Designation of user and custodian of Assets

(1) As from the commencement of this law, every Ministry, Department or Agency of
Government is hereby declared a Custodian or User of Assets.
(2) A Custodian shall-
(a) act as the caretaker to assets which are in its custody;
(b) be responsible for the performance of the functions assigned under the provisions
of this Law or any agreement with the Agency; and
(c) be liable for any act or omission in relation to assets of which it is the custodian,
excepting an act or omission in good faith.

23. Contents of Asset Management Plan

An Asset Management Plan shall comprise-
(a) a portfolio strategy and management plan for each asset throughout its life cycle;
(b) a performance assessment of the asset;
(c) a condition assessment of the asset;
(d) the maintenance activities required and the total and true copy of the maintenance
activities identified; and
(e) a disposal strategy.

24. Contents of User Management Plan

A User Management Plan shall comprise-
(a) a strategy needs assessment;
(b) an acquisition plan;
(c) an operation plan;
(d) an asset surrender plan; and
(e) user to give effect.

25. Preparation of Asset Management Plans

(1) A Custodian shall-
(a) at the end of every calendar year, prepare an Asset Management Plan in such a
manner as may be prescribed by the Agency in relation to all the assets in its
custody; and
(b) prepare a User Management Plan in relation to all the assets which the Custodian
uses or intends to use in support of its activities.
(2) When preparing an Asset Management Plan, the Accounting Officer of the Custodian
shall-
(a) ensure that it meets the objectives of this Law;
(b) adhere to any principles of asset management as contained in this Law; and
(c) adhere to any guideline, regulation and standard made by the Agency in
accordance with the provisions of the Law.

26. User to give effect to management Plan

A user shall give effect to its User Management Plan and conduct regular assessment in
a manner which is consistent with the provision of this Law and its accepted plan.

27. Submission of Management Plan

The Accounting Officer of a Custodian shall submit his Asset Management Plan and User
Management Plan to the Agency on or before June 30th of every year.
28. Approval of Management Plan
(1) The Agency shall, within twenty-one days of its submission, consider the Custodian
Asset Management Plan and User Management Plan.
(2) The Agency may-
(a) approve the Management Plan;
(b) reject the Management Plan.
(3) Where a Management Plan is rejected, the Custodian shall submit a fresh plan within
fourteen days of being informed of the decision of the Agency.

29. Status of the Asset Management Plan

An Asset Management Plan approved by the Agency shall-
(a) be the principal asset strategic planning instrument which guides and informs all
assets management decision by the User; and
(b) binds the User in the exercise of its executive authority, except to the extent of any
inconsistency between an Asset Management Plan and law, in which case this Law
prevails.

PART V
FUNDS, ACCOUNTS AND AUDIT

30. Funds
The funds of the Agency shall consist of-
(a) such money as may be appropriated to the Agency by the State Government;
(b) such money as may be granted to the Agency from time to time from the Local
Government;
(c) all monies which may vest in the Agency by virtue of any law;
(d) grants from corporate organisations, donor agencies and the private sector; and
(e) any other monies accruing to the Agency from any other legitimate source.

31. Bank Accounts

All sums received on account in the name of the Agency, shall be paid into such reputable
bank in the State as may be approved by the Board and the signatories to such account
shall be as determined by the Board.

32. Account and Audit

(1) The Agency shall cause to be prepared not later than three months after the end of each
financial year, an account of the expenditure and income for the preceding financial year.
(2) The Agency shall cause to be kept, proper accounts in respect of its revenue and
expenditure and shall within three months after the end of each financial year, prepare
an annual statement of account showing accurately its financial position.
(3) The annual statement of account shall be audited in accordance with the Audit Law of the
State.
(4) The Agency shall forward copies of the audited annual statement of account together
with copies of the audited reports to the Governor.

33. Annual report

(1) The Agency shall, not later than five months to the end of the fiscal year, submit to
the Governor a report of the assets of the State.
 (2) The report shall contain -
(a) Standardized information about all assets of the State;
(b) The last valuation of the assets;
(c) Factual and quantitative information of the performance of the assets meeting
delivery needs;
(d) Strategies for management of assets of the State.

PART VI
OFFENCES AND PENALTIES
34. Offences and Penalties
(1) Any person or organisation who wilfully contravenes or fails to comply with any
provision of this Law commits an offence.
(2) Where an offence under this Law is committed by a User and is proved to have been
committed with the consent, connivance or approval of, or to have been attributable
to any neglect on the part of any person being a Custodian, Director, Manager,
Secretary or any other officer of the User or a person purporting to act in any such
capacity, that person commits an offence.
(3) Where a User commits and offence under this Law, an employee, officer, Director or
agent of the User who authorizes, permits or aids in the commission of the offence
also commits an offence.
(4) A person who commits of an offence under the provisions of this Law is liable on
conviction to a fine not exceeding one hundred thousand naira or confinement for a
term not exceeding one year or both.
35. Defence of due diligence
(1) In proceedings for an offence under this Law, it shall be a defence if the defendant to
prove the following-
(a) that the commission of the offence was due to a mistake or reliance on
information supplied to the defendant or due to the act or default of another
person, or an accident or some other cause beyond the defendant’s control; and
(b) the defendant exercised due diligence and took all reasonable precautions to
avoid commission of the offence.
(2) If the defence provided under sub-section (1) of this Section involves the allegation
that the commission of the offence was due to reliance on information supplied by
another person or to the act or default of another person, the defendant shall not,
without leave of the court, be entitled to rely on that defence unless-
(a) it occurred not less than seven working days before the hearing; and
(b) the defendant has served on the prosecution a written notice providing
information identifying or assisting in the identification of that other person.

36. Convicted persons liable for costs on expenses of proceedings

(1) On the conviction of a person for an offence, the Court shall, unless satisfied that
there are special and substantial reasons for not doing so, order the person to pay the
cost and expense of investigation, detention and prosecution of the offence incurred
by the Agency as calculated by the Court.
(2) An order for costs and expenses under sub-section (1) of this Section shall be in
addition to any fine or penalty the Court may impose.

37. Summary trial of persons indicted. Cap 1

A person charged with an offence under this Law may be tried summarily as provided
under the Administration of Criminal Justice Law of Akwa Ibom State.
38. Proceedings for offences
Any proceedings for an offence under this Law may be filed and prosecuted by State
Attorney General and Commissioner for Justice or a Law Officer nominated by him.

PART VII
MISCELLANEOUS PROVISIONS
39. Personal Liability
A member of the Board or Agency shall not be personally liable for any act done or
omitted to be done in good faith in the course of the performance of any of its functions
under this Law.

40. Authentication of documents

(1) The common seal of the Board shall not be affixed to any document except in
pursuance of a resolution of the Board duly recorded in the minutes of a meeting of
the Board.
(2) The fixing of the seal of the Board shall be authenticated by the signature of the
Chairman or the General Manager and the Secretary or any member of the Board
authorized in that behalf by the Board.
(3) Any contract or instrument which, if made or executed by a person not being a
corporate body, would not be required to be under seal, may be made or executed on
behalf of the Board by the Chairman, Secretary or any person generally or specifically
authorized by the Board for that purpose.
(4) Any document purporting to be a document duly executed under the common seal of
the Board shall be received in evidence an shall, unless the contrary is proved, be
deemed to be so executed.

41. Prohibition of unauthorized disclosure of information

(1) A person shall not, unless authorized by the Agency or by a member of staff of the
Agency duly authorized in that behalf, disclose confidential information obtained by
him or her in his/her official capacity, or while performing duties as-
(a) a member of the board or of a committee set up by the Agency;
(b) the General manager;
(c) a member of staff of the Agency;
(d) a consultant or adviser engaged by the agency or an employee of such a
consultant or adviser;
(e) an inspection officer; or
(f) a person engaged by the Agency in any other capacity.

(2) The provisions of sub-section (1) above shall not apply to-
(a) a communication made by a member of the Board, the general manager, a
member of staff of the Agency or any other authorized person, in the
performance of any of the functions under this Law, being a communication the
making of which was necessary for the performance of any such function; or
(b) the disclosure by a member of the Board or the general Manager, a member of
staff of the Agency or any other authorized person to any member of the Nigeria
Police of Information which in his opinion may relate to the commission of an
offence under this or any other Law.
 (3) Nothing in sub-section (1) of this Section shall prevent the disclosure of information
by means of a report made-
(a) to a Board as the case may be; or
(b) by or on behalf of the Board to the Governor.

42. Disclosure of interest

Where the General Manager, a member of the Board, a member of staff of the Agency, a
consultant, adviser or any other person engaged by the Agency has a pecuniary interest
or other beneficial interest in, or material to, any matter which is to be considered by the
Board, the person shall-
(a) disclose to the Board the nature of the interest in advance before consideration of
the matter;
(b) neither influence nor seek to influence a decision relating to the matter;
(c) not take part in the consideration of the matter; and
(d) withdraw from the meeting as long as the matter is being discussed or considered
and neither vote nor otherwise act in consideration of the matter.

43. Power to make Regulations

Subject to the provisions of this Law, the Board may prepare, issue and publish guidelines
and regulations with regards to any matter that is required or permitted to be prescribed
in terms of this Law and any other incidental or administrative matter necessary for the
proper administration and implementation of this Law.

44. Interpretation
In this Law-
“Asset” means any property, whether moveable or immovable acquired or owned by the
State Government located within or outside Akwa Ibom State and it also includes any real
property owned, leased or otherwise managed by the State within and outside the State;
“Commissioner” means the Commissioner responsible for Works in the State;
“Custodian” means a Ministry, Department or Agency of government who acquired and
is in control of an asset.
“Governor” means the Governor of Akwa Ibom State;
“Law Officer” means a lawyer with the Akwa Ibom State Government under office of the
Attorney-General of the State;
“Portfolio Strategy” means management plans used by the Agency in achieving its goals
and objectives;
“State” means Akwa Ibom State;
“User of Asset” means every Ministry, Department or Agency of Akwa Ibom State.

45. Short title

This Law may be cited as the Akwa Ibom State Assets Management Agency Law and shall
come into force on the ---------- day of --------------------- 2023.