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Laws of the Federation Preview 23 min read

Ministers’ Statutory Powers and Duties (Miscellaneous Provisions) Act

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An Act to provide for the transfer of statutory powers and duties to Minist ers, and to make misce l laneous provisions for the manner of exercise and signification of such functions.

[1958 No.2.]

[17 th A p ril , 19 58]

[Commencement.]

1. Short title

This Act may be cited as the Ministers’ Statutory Power and Duties (Miscellaneous Provisions) Act.

Power to mak e orders for the transfer of statutory functions to Ministers

(1) Subject to the provisions of this section, the President may, in any law enacted by the National Assembly or having effect as if it had been so enacted, by order make such modifications, whether by means of addition, substitution or deletion, as he may think fit for the purpose of-

[L.N.1120fI964.]

(a) transferring to a Minister any of the powers and duties which are by such law directly or indirectly conferred or imposed on the President, or any public officer or which are conferred upon any other Minister; and
(b) making provisions consequential or incidental to any such transfer.
(2) An order made under this section may include directions (either general or in relation to any particular matter) for the carrying on and completion by the Minister to

whom a power or duty is transferred, of anything commenced by the authority from whom it is transferred.

(3) Nothing in this Act shall be deemed to empower an order to be made, the effect of which would be to transfer to a Minister any power or duty-
(a) which relates to any matter for which, under the Constitution of the Federal Republic of Nigeria, 1999, a Minister may not be charged with responsibility; or

[Cap. C23.]

(b) which is conferred by law upon a judge, magistrate, justice of the peace or other officer exercising functions which relate to the administration of justice, or upon the Auditor-General for the Federation.
(4) A law which has been modified in accordance with an order made under this section shall be deemed for all purposes to have been amended in accordance with such modification, and the provisions of section 22 of the Interpretation Act (which relates to the reprinting of Acts and laws which have been amended) shall apply to any modification so effected as they do to additions, omissions, substitutions and amendments effected by an amending Act or law.

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