COUNSELLING PRACTITIONERS COUNCIL OF NIGERIA ACT, 2022
ENACTED by the National Assembly of the Federal Republic of Nigeria
Establishment of the Counselling Practitioners Council of Nigeria.
1.
(1) There is established the Counselling Practitioners Council of Nigeria (in this Act referred to as “the Council”).
(2) The Council-
(a) is a body corporate with perpetual succession and a common seal kept in its custody;
(b) may sue or be sued in its corporate name; and
(c) may acquire, hold or dispose of any movable or immovable property for the purpose of its functions under this Act.
Functions of the Council.
2.
The Council shall-
(a) determine the standard of knowledge and skill, to be attained by persons seeking to become registered members of the Counselling Profession (in this Act referred to as “the Profession”) and review the standard as circumstances may require;
(b) establish and maintain, in accordance with the provisions of this Act, a register of certified members of the Profession and the publication of the list of such members;
(c) promote the highest standard of competence, practice and conduct among members of the Profession;
(d) organise and conduct seminars, workshops, conferences and researches in all aspects of counselling management and administration;
(e) provide professional training for persons aspiring to qualify and practice as chartered counsellors in Nigeria;
(f) secure the professional status and do all such things as may be necessary to promote the interest of its members and the advancement of the art and science of counselling knowledge and efficiency in counselling management and administration in the public and private sectors of the Nigerian economy; and
(g) perform such other functions as may be required of the Council under this Act.
Establishment of Governing Board.
3.
(1) There is established for the Council, a Governing Board (in this Act referred to as “the Board”) which shall be responsible for policy making, administration and general management of the Council.
(2) The Board shall consist of –
(a) the President and Vice-President of the Council;
(b) the Registrar;
(c) one person to be nominated by the Minister for education charged with the responsibility of matters relating to counselling to represent the Ministry;
(d) six persons with professional background in counselling to be appointed by the Minister to represent each geopolitical zone of Nigeria, no two of them shall come from the same State;
(e) six persons appointed by the Counselling Association of Nigeria (CASSON); and
(f) two persons to represent the universities offering courses leading to approved qualification in guidance and counselling and a university shall not have more than one representative at a time.
(3) The provisions of the First Schedule to this Act shall have effect with respect to the qualification, tenure of office of members of the Council, powers and procedure of the Council and other matters.
Funds of the Council.
4.
(1) There is established for the Council a fund (in this Act referred to as “the Fund”) which shall be controlled by the Board.
(2) The Fund shall consist of –
(a) all fees and other money payable to the Council under this Act; and
(b) money payable to the Council whether in the course of the performance of its functions or not.
(3) There shall be paid out of the Fund –
(a) the remuneration and allowances of the Registrar and other employees of the Council;
(b) such reasonable travelling and subsistence allowances of members of the Council in respect of the time spent on the business of the Council as the Council may approve; and
(c) any other expenses approved and incurred by the Council in the performance of its functions under this Act.
(4) The Council may invest money in the Fund in any security created or issued by or on behalf of the Government of the Federation or in any other securities in Nigeria approved by the Board.
(5) The Council shall keep proper accounts on behalf of the Board in respect of each financial year and proper records in relation to those accounts, and the Board shall cause the accounts to be audited by an Auditor approved for that purpose and when the account is audited, the Auditor’s report shall be submitted to the members of the Board for approval at a meeting of the Board.
Appointment of the Registrar and preparation of register.
5.
(1) The Board shall appoint a person to be the Registrar of the Council and for the purpose of this Act, the person appointed shall hold, at least, a degree certificate and must possess, at least, 10 years cognate experience in the required field.
(2) The Registrar shall –
(a) hold office for four years; and
(b) subject to satisfactory performance, be eligible for re-appointment for another four years and no more.
(3) The Registrar shall prepare and maintain in accordance with the rules made by the Council under this section, a register of Professional Counsellors (in this Act referred to as “the register”).
(4) The register shall contain the names, addresses, approved qualifications and other particulars as may be specified by the Council, of all persons who are entitled, in accordance with the provisions of this Act, to be registered as professional counsellors and who apply in the specified manner, to be so registered.
(5) The Register shall consist of-
(a) fully registered persons; and
(b) provisionally registered persons.
(6) Subject to the provision of this section, the Council shall make rules with respect to the formal keeping of the register and the making of entries in the register, and in particular-
(a) making of applications for registration and providing for the evidence to be produced in support of an application;
(b) providing for the notification to the Registrar, by the person to whom the registered particulars relate, of any change in those particulars;
(c) authorising a registered person to have any qualification which is registered in relation to his name in addition to or, as he may elect in substitution for any other qualification so registered as either a corrected edition of the register or a list of alterations made to the register since it was last printed; and
(d) specifying anything failing to be specified under the provisions of this section.
(7) The Registrar shall –
(a) correct, in accordance with the Council’s direction, any entry in the register, which the Council directs him to correct as being in the Council’s entry, which was incorrectly made;
(b) make any necessary alteration to the registered particulars of registered persons; and
(c) remove from the relevant part of the register, the name of any registered person who has died, or ceased to be entitled to be registered.
(8) If the Registrar –
(a) sends by post to any registered person a letter addressed to him at his address on the register enquiring whether the registered particulars relating to him are correct and receives no reply to the letter within the period of six months from the date of posting the letter, and
(b) upon the expiration of the six months, sends in like manner to the person in question, a second letter and receives no reply to that letter within three months from the date of posting the letter, the Registrar may remove the particulars relating to the person in question from the relevant part of the register.
(9) The Council may, for any sufficient reason, direct the Registrar to restore to the appropriate part of the register any particulars removed under this section.
6.
(1) The Registrar shall –
(a) cause a list of persons whose names and qualifications are indicated in the register to be printed, published and put on sale to members of the public not later than two years from the beginning of the year this Act comes into effect;
(b) in each year, after the register is first published under paragraph (a), cause to be printed, published and put on sale as either a corrected edition of the register or a list of alterations made to the register since it was last printed; and
(c) cause a print of a copy of each edition of the register and list of corrections to be deposited at the principal office of the Council and the Council shall keep the register and list so deposited at all reasonable times for inspection by members of the public.
(2) A document purporting to be a print of an edition of a register published-
(a) under this section by authority of the Registrar in the current year, or
(b) in a previous year and a list of corrections to that edition so published in the current year, shall, without prejudice to any other mode of proof, be admissible in any proceeding as evidence that a person specified in the document, as being fully or provisionally registered, is so registered, and that any person not so specified is not so registered.
*Publication of the register*.
Registration.
7.
(1) Subject to the provision of this Act and to rules made under section 17, a person shall not be entitled to be fully registered under this Act as a Professional Counsellor, unless he-
(a) has attended a course of training approved by the Council under section 8;
(b) has passed the professional practice competence examination conducted by the Association and moderated by the Council;
(c) is a certified member of the Association;
(d) renders professional service or assistance in or about matters of principles or details relating to counselling management and administration: or
(e) render any other service which may by rules or Bye-Laws made by the Council be designated as service constituting practice as a professional counseling administration practitioner.
(2) An applicant for registration under this Act shall, in addition to the evidence of qualification, satisfy the Council that he-
(a) is of good character; and
(b) has not been convicted in Nigeria or elsewhere of an offence involving fraud or dishonesty.
(3) A fully registered Professional Counsellor is entitled to a seal from the Council but any seal presented under this subsection may be withdrawn by the Council from a member on-
(a) his ceasing to be a registered member;
(b) being convicted of an offence under this Act; or
(c) disciplinary grounds, and his ceasing to be a member of the Association.
(4) The Council may in its discretion, provisionally accept a qualification produced in respect of an application for registration under this section, or direct that the application be renewed within such period as may be specified in the direction.
(5) The Council shall publish in the Federal Government Gazette, particulars of qualifications accepted for registration under this Act.
(6) The Council may impose further conditions for the purpose of any registration under this Act but such conditions shall not come into effect until published in the Federal Government Gazette.
Approval of qualifications and training institutions.
8.
(1) Subject to subsection (2), the Council may approve for the purpose of section 7-
(a) any course of training which is intended for persons who are seeking to become, or are already qualified as, Professional Counsellors;
(b) any institution, either in Nigeria or elsewhere which the Council, on the recommendations of the Association, considers properly organised and equipped for conducting the whole or any part of a course of training approved by the Council under this section; and
(c) any qualification which, as a result of examination taken in conjunction with a course of training approved by the Council under this section, is granted to candidates reaching a standard at the examination, indicating, in the opinion of the Council that they have sufficient knowledge and skills to practise counselling as a profession.
(2) The Council shall publish in the Federal Government Gazette a list of qualifications of Professional Counsellors approved by it and the Council shall not approve, for the purpose of subsection (1), qualifications granted by an institution unless the qualifications have been so published by the Council.
(3) The Council shall, on the recommendation of the Association, withdraw any approval given under this section in respect of any course, qualifications or institution, but before withdrawing the approval the Council shall –
(a) give notice that it proposes to do so to each person in Nigeria appearing to the Council to be a person by whom the course is conducted, the qualification is granted or the institution is controlled, as the case may be; and
(b) give such a person an opportunity of making to the Council, representations with regard to the proposal under paragraph (a).
(4) A period during which the approval of the Council under this section for a course qualification or institution is withdrawn, the course qualification or institution shall not be treated as approved under this section but the withdrawal of such an approval shall not prejudice the registration or eligibility for registration of any person who by virtue of the approval was registered or eligible for registration immediately before the approval was withdrawn.
(5) The giving or withdrawal of an approval under this section, shall have the effect from the date, before or after the execution of the instrument signifying the giving or withdrawal of the approval, as the Council may specify in the instrument, and the Council shall-
(a) immediately publish a copy of every such instrument in the Federal Government Gazette and supervise instructions and examination leading to approved qualifications; and
(b) not later than seven days before its publication, send a copy of the instrument to the Minister.
Supervision.
9.
(1) The Board shall be informed of the nature of the instruction given at the certified institutions to persons sent for approved course of training and the examinations as a result of which approved qualification is granted.
(2) The Board shall appoint persons, either from its own members or from outside, to visit the approved institutions, monitor their examinations and make recommendations to the Board.
(3) The Board shall determine and make recommendations to the Council on-
(a) the competence of the instructors;
(b) the adequacy of the instruction given to persons attending approved courses at the institutions visited;
(c) the adequacy and quality of the examination conducted; and
(d) any other matter relating to the institution or examination on which the Board may request the persons appointed under subsection (2) to report.
(4) Any person appointed by the Board under this section, shall not interface with the giving of any instruction or the holding of any examination.
(5) On receiving a report made under this section, the Board shall, immediately send a copy of the report to the person in charge of the institution or responsible for the examinations to which the report relates, requesting that person to make observations on the report to the Council within such period as may be specified in the request, which may be, at least, one month beginning with the date of the request.
Persons deemed to practice as professional counsellors.
10.
(1) A person who –
(a) has been approved and endorsed by the Council as a “Foundation Member” and this includes all persons present at the preliminary inaugural meetings of the Association held on 15 November, 1975, 17-18 June, 1976, and all persons who, though absent, expressed the desire to be members at those times, or
(b) holds the accepted qualification or its equivalent, obtained 10 years before the commencement of this Act and satisfies the conditions mentioned in section 7 (2), may be exempted from taking the professional practice competence examination, but issued the certificate of professional competence after payment of the prescribed fees to enable him register fully as a Professional Counsellor, if the Council is satisfied that he has acquired adequate professional practice experience as a Professional Counsellor to deserve the exemption.
(2) A person shall be issued a certificate of professional competence if –
(a) during his employment after qualification, he has acquired practical experience under the personal supervision and guidance of one or more fully registered counsellors for the period of two years; and
(b) the manner in which he carried out the duties of his employment and his conduct during the period of his employment, are satisfactory.
(3) The employer, being a fully registered Counsellor supervising the work of persons employed with a view to obtaining a certificate of professional competence, shall ensure that the person is given opportunity of acquiring the practical experience for the purpose of subsection (2) (a).
(4) The Registrar shall, immediately after the entry in the register of any person’s name, or removal of such name from the register, give notice in writing to the institution of the entry or removal together with all the relevant particulars.
Establishment of Investigating Panel and Disciplinary Tribunal.
11.
(1) There is established the Investigating Panel (in this Act referred to as “the Panel”) charged with the duties of-
(a) conducting a preliminary investigation into any case where it is alleged that a person registered has misbehaved in his capacity as a Professional Counsellor, or shall for any reason be the subject of proceedings before the Tribunal; and
(b) deciding whether the case shall be referred to the Tribunal.
(2) The Panel shall be constituted by the Council and shall consist of seven members.
(3) There is established the Disciplinary Tribunal (in this Act referred to as “the Tribunal”) charged with the duty of considering and determining any case referred to it by the Panel.
(4) The Tribunal shall consist of-
(a) the President of the Council; and
(b) 10 other members, appointed by the Council of which, at least, four shall be members of the Council, holding office by virtue of section 3 (2) (e).
12.
(1) The provisions of the Second Schedule to this Act shall, be applicable to the Tribunal and the Panel respectively.
(2) Where –
(a) a person fully registered or provisionally registered under this Act is found to be guilty of infamous misconduct in any professional respect by the Tribunal,
(b) such a person is convicted of any offence in Nigeria or elsewhere by any Court having power to impose imprisonment, whether or not such offence is punishable with imprisonment, which in the opinion of the Tribunal is incompatible with the status of the Professional Counsellor, or
(c) the Tribunal is satisfied that the name of any person has been fraudulently registered, the Tribunal may, if it deems fit, give a direction reprimanding that person or ordering the Registrar to strike his name off the relevant part of the register.
(3) The Tribunal may, if it deems fit, defer its decision as to the giving of a direction under subsection (2), until a subsequent meeting of the Tribunal, but-
(a) no decision shall be deferred under this subsection for a period exceeding two years in the aggregate; and
(b) no person shall be a member of the Tribunal for the purpose of reaching a decision which has been deferred, unless he was present as member of the Tribunal when the decision was deferred.
(4) For the purpose of subsection (2), a person shall not be treated as a convict, unless the conviction stands at a time when no appeal or further appeal is pending or may, without extension of time, be brought in connection with the conviction.
(5) When the Tribunal gives a direction under subsection (2), it shall cause notice of the direction to be served on the person to whom it relates.
(6) A person to whom a direction relates may, at any time within 28 days from the date of service on him of the notice of the direction, appeal against the direction to the Court of Appeal, and the Tribunal may appear as respondent to the appeal and for the purpose of enabling directions to be given as to the cost of the appeal and of proceedings before the Tribunal, shall be deemed to be a party to it whether or not it appears to the hearing of the appeal.
(7) A direction of the Tribunal under subsection (2) shall take effect where –
(a) no appeal under this section is brought against the direction within the time for the appeal, on the expiration of that time;
(b) an appeal is brought and is withdrawn or struck out for want of diligent prosecution, on the withdrawal or striking out of the appeal; and
(c) an appeal is brought and is not withdrawn or struck out if and when the appeal is dismissed.
(8) A person whose name is removed from the register in pursuance of a direction of the Tribunal under this section, shall not be entitled to be registered again, except in pursuance of a direction in that behalf given by the Tribunal on the application of that person, and a direction under this section of the removal of a person’s name from the register may prohibit an application under this subsection by that person until the expiration of the period from the date of the direction, and where he has duly made an application, from the date of his last application, as may be specified in the direction.
*Professional misconduct*.
13.
(1) Where a person satisfies the Council that he –
(a) has been selected for employment for a specified period in a capacity in which a person registered as a Counsellor under this Act is qualified to be employed and that he is or intends to be in Nigeria temporarily for the purpose of serving for that period in the employment in question;
(b) holds a qualification or has passed the necessary examination;
(c) obtained some qualification granted outside Nigeria which is for the time being accepted by the Council as respects the capacity in which if employed, he is to serve, the Council may, if it deems fit, give a direction that the person shall be temporarily registered as a Counsellor.
(2) The temporary registration of a person shall continue while the person is in employment as is mentioned in subsection (1) (a) and shall cease at the end of the period of the employment specified by the Council under this section or the prior determination of the employment whichever occurs.
(3) Nothing in subsection (2) shall preclude the Council from giving a further direction under subsection (1) in respect of specified period, whose commencement coincides with the termination or prior determination of another employment.
(4) A person who is temporarily registered shall, in relation to his employment and to things done or omitted to be done in the course of that employment, be deemed to be fully registered, but in relation to all matters, he shall be treated as not so registered.
(5) In determining whether a person’s employment has been terminated, the decision of the Council is conclusive for the purpose of subsection (2).
(6) The Registrar, as directed by the Council, shall remove from the register, the name of any person ceasing to be entitled to the benefit of this section.
Registration of temporary practitioners.
14.
(1) A person, not being a registered Professional Counsellor, who-
(a) for or in expectation of reward, practices or holds himself out to practice as such, or
(b) without reasonable excuse takes or uses any name, title addition or description, implying that he is authorised by law to practice as a registered counsellor, commits an offence under this Act.
(2) A person who, for the purpose of procuring the registration of any name, qualification or other matter-
(a) makes a statement which he believes to be false, or
(b) recklessly makes a statement which is false, commits an offence under this Act.
(3) A Registrar or any other person employed by the Council who, willfully makes any falsification in any matter relating to the register, commits an offence under this Act.
(4) A person who commits an offence under subsections (1) – (3) or any section for which no punishment is provided under this Act is liable on conviction-
(a) to a fine of at least N500,000 or imprisonment for a term of two years or both; and
(b) where the offence is a continuous one, to a further fine of at least N50,000 for each day the offence continues.
(5) Where an offence under this section is committed by a body corporate and is proved to have been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or any person purporting to act in any such capacity, he, as well as the body corporate, commits an offence under this Act.
*Offences and penalties*.
Proof of validity of certificate.
15.
(1) A certificate required by any written law from any class of persons for whom a register is maintained under this Act, shall not be valid unless the person signing it is registered in accordance with this Act.
(2) Subject to the provisions of this section, a person not exempted, shall not hold an appointment requiring status of a Professional Counsellor under this Act in the public and civil service of the Federation, State or in the Armed Forces of the Federation or public or private limited or unlimited liability organisations, unless he is a Counsellor registered under this Act.
(3) A Counsellor shall, to the extent only of his particular qualification, be entitled to practice as a registered Counsellor throughout the Federation.
(4) A person in charge of any university in the Federation, offering courses leading to an approved qualification intended for persons who are seeking to become registered as Professional Counsellors under this Act shall furnish the Registrar, not later than 31 March in every year, with a list of the names and such other particulars as the Council may specify, of all persons who attended any course at the university in question at any time during the preceding year.
(5) In this section, “public service” includes services as a registered Professional Counsellor in or with any educational institution, commission, corporation or state.
Powers of the Minister to give directives.
16.
(1) The Minister may give to the Council directions of a general character relating generally to particular matters with regard to the exercise by the Council of its functions and the Council shall comply with the directions- Provided that the direction does not infringe on the ethics and codes of conduct of the profession.
(2) Before giving a direction under subsection (1), the Minister shall serve a copy of the proposed direction on the Council, which shall afford the Council an opportunity of making representations to him with respect to the direction, and after considering any representation made to him under this subsection, the Minister may give the direction, either without modification or with such modifications as appear to him to be appropriate having regard to the representations.
17.
(1) The Council shall have power to make regulations, which in its opinion, is necessary or expedient for giving full effect to the provisions of this Act.
(2) Any power to make regulations, rules and orders under this section shall include power to make-
(a) provision for such incidental or supplemental provision, as the person or authority making the instrument considers expedient for the purpose of the instrument; and
(b) different provisions for different circumstances.
*Regulations*.
.
18.
In this Act- “approved qualification” means qualification which is approved for the time being by the Council; “Association” means the Counselling Association of Nigeria (CASSON); “Board” means Governing Board of the Council; “Council” means the Counselling Practitioners Council of Nigeria established under section 1 of this Act; “Counsellor” means a professionally trained guidance and counselling personnel, which also includes professionals from therapeutic counselling; “counselling” means to assist individual and corporate bodies to explore their environments, discover their strength, weakness, talents and skills, so as to determine their needs, set personal realistic goals, and adjust suitably to achieve them in harmony with their environments; “Minister” means the Minister of Education charged with the responsibility of matters, relating to counselling, education and allied profession; “Professional Counsellor” means any person fully registered as such under this Act; “register” means the register maintained under this Act and “registered” shall be constructed accordingly; and “Registrar” means the Registrar appointed under section 5 of this Act.
*Interpretation.*
19.
This Act may be cited as the Counselling Practitioners Council of Nigeria Act, 2022.
Citation.
SUPPLEMENTARY PROVISIONS RELATING TO THE BOARD
1. (1) A person shall not be appointed as a member of the Board unless he is a citizen of Nigeria and he is registered as a Professional Counsellor under this Act.
(2) Subject to the provisions of this paragraph, a person who is a member of the Board other than by virtue of section 3 (2) (d) of this Act shall hold office for a period not exceeding five years beginning with the date of his appointment or election as the case may be:
Provided that a person shall not hold office, whether appointed or elected, for five years unless the Minister, after consultation with the Board, otherwise directs.
(3) Any member of the Board holding office other than as mentioned in subparagraph (2) may, with notice to the Board, resign his office.
(4) Subject to this Act, a person who has ceased to be a member of the Council may be eligible again to become a member of the Board.
(5) When a member of the Board ceases to hold office before his term of office expires by effluxion of time, the body or person by whom he was appointed or elected shall, immediately appoint or elect a person to fill the vacancy for the residue of the term, but the provisions of this subparagraph shall not apply where a person holding office as a member of the Board ceases to hold office at a time when the residue of his term does not exceed one year.
(6) The power of appointing a person as president of the Council shall –
(a) during the period beginning with the date when this Act comes into effect, be exercisable by the Minister on the recommendations of the Association; and
(b) after the expiration of that period, be exercisable by the Board and where an existing member of the Board is appointed president, his office as an existing member shall become vacant and his term of office as president shall begin on the date of his appointment as president.
(7) Notwithstanding that the term of office of a member of the Board has expired by effluxion of time, a person appointed as president, vice-president and one other member shall continue in that office until a fresh appointment is made to the office.
(8) The quorum of the Board shall be seven and at least two of the persons elected by the Association and two of the representatives of the States of the Federation are present at the particular meeting, and the quorum of any committee of the Board shall be determined by the Council.
Powers of the Board
2. (1) The Board shall have power to do anything, which in its opinion is calculated to facilitate the carrying on of its activities.
(2) The Board shall have power to borrow money, dispose off any property and pay remuneration, including pensions, allowances, or expenses to any member, officer or servant of the Board or any person.
Proceedings of the Board
3. Subject to the provision of this Act and of section 27 of the Interpretation Act, which provides for decisions of a body to be taken by a majority of the members of the body and for the President of the Board to have a second or casting vote, the Board may make standing orders regulating the proceedings of the Council or of any of its committees.
Vice-President of the Board
4. (1) The Board shall appoint one of its members to be the Vice-President of the Board for such period as the Board may determine and the Vice-President who ceases to be a member shall cease to be a Vice-President;
(2) At any time while the office of the President is vacant or the President is, in the opinion of the Board permanently or temporarily unable to perform the function of his office, the Vice-President shall perform those functions, and references in this Schedules to the President shall he constructed accordingly.
Meetings of the Board
5. (1) Subject to the provisions of any standing orders of the Board, the Board shall meet whenever it is summoned by the President and if the President is required so to do, by notice given to him by not less than six other members, he shall summon a meeting of the Board to be held within seven days from the date of which the notice is given.
(2) At any meeting of the Board, the President or in his absence the Vice-President shall preside, but if both are absent, the members present at the meeting shall appoint one of them to preside at that meeting.
(3) Where the Board desires to obtain the advice of any person on a particular matter, the Board may co-opt him as a member for such period as it deems fit, but a person who is a member by virtue of this subparagraph shall not be entitled to vote at any meeting of the Board and shall not count towards a quorum.
(4) Notwithstanding anything in this paragraph, the first meeting of the Board shall be summoned by the Minister who may give such directions as he thinks fit as to the member who shall preside and as to the procedure which shall be followed at the meeting.
Committee
6. (1) The Board may appoint one or more committees to carry out on its behalf such functions as the Board may determine.
(2) A committee appointed under this paragraph shall consist of such number of persons to be determined by the Board, and not more than one-third of those persons may be persons who are not members of the Board and a person other than a member of the Board shall hold office on the committee in accordance with the terms of the instrument by which he is appointed.
(3) A decision of a committee of the Board shall be of no effect until it is confirmed by the Board.
Miscellaneous
7. (1) The fixing of the seal of the Council shall be authenticated by the signature of the President or any other member authorised generally or specifically to act for that purpose by 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 any person authorised to act for that purpose by the Board.
(3) Any document purporting to be a document duly executed under the seal of the Council shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.
8. The validity of any proceeding of the Counsel or its committee shall not be affected by any vacancy in the membership of the Counsel or its committee, defect in the appointment of a member of the Board or its committee, or by reason that a person not entitled to do so took part in the proceedings.
9. A member of the Board or any person holding office on a committee of the Board who has a personal interest in any contractual arrangement entered into or proposed to be considered by the Board or its committee, shall immediately disclose his interest to the Board and shall not vote on any question relating to the contractual arrangement.
SUPPLENENTARY PROVISIONS RELATING TO THE INVESTIGATIVE
PANEL AND DISCIPLINARY TRIBUNAL
The Tribunal
The Quorum of the Tribunal
1. The quorum of the Tribunal shall be four of whom at least two shall be members of Council.
2. (1) The Attorney-General of the Federation may make rules with regard to the procedure to be followed by the Tribunal and the Panel, and on the rules of evidence in such proceedings.
(2) Until the rules are made, the Tribunal and the Panel shall conduct their proceedings in such manner as to provide -
(a) that notice of the proceedings is given in good time and shall clearly specify the complaint to the person who is the subject of the proceedings;
(b) for determining who, in addition to the person under subparagraph (a), shall be a party to the proceedings;
(c) that any party to the proceedings shall, if so required, be entitled to be heard by the Tribunal;
(d) that any party to the proceedings may be represented by a legal practitioner;
(e) subject to the provisions of section 12 (6) of this Act, as to the costs of proceedings before the Tribunal;
(f) for requiring, in a case where it is alleged that the person who is the subject of the proceedings is guilty of infamous conduct in any professional respect, that where the Tribunal adjudges that the allegation has not been proved, it shall record a finding that the person is not guilty of such conduct in respect of the matters to which the allegation relates; and
(g) for publishing in the Federal Government Gazette, notice of any direction of the Tribunal, which has taken effect, providing that a person’s name shall be struck off a register.
3. For the purposes of any proceedings before the Tribunal, any member of the Tribunal may administer oath and any party to the proceedings may issue out of the Registry of the High Court, writs of subpoena ad testificandum and ducestecum but no person appearing before the Tribunal shall be compelled to
(a) make any statement before the Tribunal tending to incriminate himself; or
(b) produce any document under such a writ, which he cannot be compelled to produce at the trial.
4. (1) For the purpose of advising the Tribunal on questions of law arising in proceedings before it, there may in all proceedings be an assessor to the Tribunal, who may be the legal adviser to the Council or may be appointed by the Board, and who shall be a legal practitioner of not less than 10 years standing.
(2) The Attorney-General of the Federation may make rules as to the functions of assessors appointed under this paragraph and in particular, such rules shall contain provisions for securing –
(a) that where an assessor advises the Tribunal on any question of law as to evidence, procedure or any other matter specified by the rules, he shall do so in the presence of every party or person representing a party to the proceeding who appear thereat or, if the advice is tendered while the Tribunal is deliberating in private, that every such party or person shall be informed, what advice the assessor has tendered; and
(b) that every party or person shall be informed, if in any case, the Tribunal does not accept the advice of the assessor on such a question.
(3) An assessor may be appointed under this paragraph, either generally or for any particular proceeding or class of proceedings, and shall hold and vacate office in accordance with the terms of his appointed.
The Investigating Panel
5. The quorum of the Panel shall be three.
6. (1) The Panel may, at any of its meeting attended by all the members of the Panel, make standing orders with respect to its proceedings.
(2) Subject to the provisions of any standing orders, the Panel may regulate its own procedure.
Miscellaneous
7. A person may, if eligible, be a member of both the Tribunal and the Panel but a person who acted as a member of the Panel with respect to any case shall not act as a member of the Tribunal with respect to that case.
8. The Tribunal or the Panel may act notwithstanding any vacancy in its membership, and the proceedings of either body shall not be invalidated by any irregularity in the appointment of a member of that body or subject to paragraph 7 of this Schedule, by reason of the fact that any person who was not entitled to do so took part in the proceedings of that body.
9. Any document authorised or required under this Act to be served on the Tribunal or the Panel shall be served on the Secretary to the Council.
10. All expenses of the Tribunal or the Panel shall be defrayed by the Council.
11. A person shall not, by reason only of his appointment as an assessor to the Tribunal or as a member of the Panel, be treated as holding an office in the public service of the Federation or of any State.
