THE SOUTH EAST DEVELOPMENT COMMISSION LAW 2024

EXPLANATORY MEMORANDUM

This Act establishes the South East development Commission charged with the responsibility among other things to receive and manage funds from allocations of the Federation Account for the reconstruction and rehabilitation of roads, houses and other infrastructural damages suffered by the region as a result of the effect of the civil war as well as tackle the ecological problems and other related environmental or developmental challenges in the South-east states.

KEY INFORMATION

PART 1 ESTABLISHMENT OF THE SOUTH-EAST DEVELOPMENT
COMMISSION GOVERNING BOARD

Composition of the Governing Board of the Commission

i. A Chairman

ii. One person who shall be an indigene to represent the following States
Abia
Anambra
Ebonyi
Enugu and
Imo

iii. One person each to represent each of the six geo-political zones of the country
iv. One person to represent the Federal Ministry of Finance

v. One Person to represent the Federal Ministry of Environment

vi. One person to represent the Federal Ministry of Budget and Planning

vii. The Managing Director of the Commission

viii. 3 Executive Directors of the Commission
a. Finance and Administration
b. Projects
c. Corporate Services

MODE OF APPOINTMENTS
The Chairman, Managing Director, 3 Executive Directors and other Members of the Board shall

a. be appointed by the President subject to the confirmation of the Senate
b. be persons of proven integrity and ability

The Members of the Board shall be part-time Members

OFFICE LOCATION
The Commission shall have its Head Office in Enugu and shall establish an office in each member-state of the Commission

TENURE OF BOARD MEMBERS
A Member of the Board, other than an Ex-officio Member, shall hold office for a term of four (4) years at the first instance and may be re-appointed for a further term of four years and no more

ROTATION OF THE OFFICE OF THE CHAIRMAN
The Office of the Chairman shall rotate among the Member States of the Commission in the following alphabetical order:
Abia
Anambra
Ebonyi
Enugu and
Imo

PART II – FUNCTIONS AND POWERS OF THE COMMISSION

The Commission shall –
a. Formulate policies and guidelines for the development of the South-East States
b. Conceive, plan and implement, in accordance with the set rules and regulations, projects and programmes for the sustainable development of the South East States in the field of transportation including roads, health, education, employment, agriculture, industrialization, housing and urban development, water supply, electricity, communications
c. Cause the South-East to be surveyed in order to ascertain measures which are necessary to promote its physical and socio-economic development
d. Prepare Masterplans and schemes designed to promote the physical development of the South East States and estimates of the costs of implementing such masterplans and schemes
e. Implement all measures approved for the development of the South East states by the Federal Government and Member-States of the Commission
f. Identify factors inhibiting the development of the South East States and assist the Member-states in the formulation and implementation of policies to ensure sound and efficient management of the resources of the South East States
g. Assess and report on any project being funded or carried out in the South East States by mineral extracting and mining companies, oil and gas producing companies, and any other company including non-governmental organisations and ensure that funds released for such projects are properly utilized
h. Tackle ecological and environmental problems that arise from the extraction and mining of solid minerals, exploration of oil minerals in the South East States and advise the Federal Government and the member states on the prevention and control of oil spillages, gas flaring and environmental pollution
i. Liaise with various solid mineral extraction and mining companies and oil and gas prospecting and producing companies on all matters of pollution prevention and control and
j. Execute other works and perform such other functions which in the opinion of the Commission, are required for the sustainable development of the South-East States and its peoples.

PART III STRUCTURE OF THE COMMISSION

DIRECTORATES
i. Administration and Human Resources
ii. Community and Rural development
iii. Utilities, Infrastructural Development and Waterways
iv. Environmental Protection and Control
v. Finance and Supply
vi. Solid Minerals, Agriculture and Fisheries
vii. Planning, research and Statistics and Management Information Systems
viii. Legal Services
ix. Education, Health and Social Services
x. Commercial and Industrial Development
xi. Project Monitoring and Supervision

ADVISORY COMMITTEE
There shall be a South East Development Commission Advisory Committee which shall consist of
The Governors of the Member-states of the Commission and
Two persons as may be determined by the President

MANAGEMENT
There shall be for the Commission, a Managing Director and Three Executive Directors which positions shall rotate amongst member-states in alphabetical order.

EMPLOYMENT OF STAFF INTO THE COMMISSION
The Board shall have power to employ either directly or on secondment from any civil or public service in the federation or a state.

FUNDING
There shall be paid and credited to the fund of the Commission

i. From the Federal Government, the equivalent of 15% of the total monthly statutory allocations due to the Member-states of the Commission from the Federation Account

ii. 3% of total annual budget of any oil producing company operating on-shore or off-shore in the South East States including gas processing and agricultural processing companies

iii. 3% of the total annual budget of any solid minerals extracting mining company operating in the South East States

iv. 50% of money due to Member States of the Commission from the Ecological Fund

v. Such money as may be granted, lent to or deposited with the Commission by the Federal or State Government or any other body or institution whether local or foreign.

© Sam Hart