(2022)
SECTION 1
Establishment of the National Biotechnology Development Agency.
SECTION 2
Establishment and membership of the Governing Board.
SECTION 3
A member of the Board, other than an ex-officio member and the Director-General, shall hold office for such term as may be specified in his letter of appointment or approved by the President.
Tenure of office.
SECTION 4
Cessation of office.
SECTION 5
The Chairman and members of the Board are paid such emoluments, allowances and benefits as may be determined by the Revenue Mobilization, Allocation and Fiscal Commission.
Remuneration of members of the Board.
SECTION 6
The Board shall have power to-
Powers and functions of the Board.
SECTION 7
The Agency shall-
Functions of the Agency.
SECTION 8
Departments of the Agency.
SECTION 9
Bioresources Development Centres (BIODEC), Biotechnology Centres of Excellence and
SECTION 10
Director-General
SECTION 11
Directors of Technical Departments.
SECTION 12
Director of finance and account.
SECTION 13
Director of Bioresource Development Centres.
SECTION 14
Director of Research.
SECTION 15
Other staff of the Agency.
SECTION 16
The salaries, allowances and benefits of the staff of the Agency shall be in accordance with the conditions of service of the Agency as may be approved by the Board in consultation with the National Salaries, Income and Wages Commission.
Remuneration of employees of the Agency.
SECTION 17
Service in the Agency shall be subject to the Pension Reform Act, and accordingly, officers and the employees of the Agency shall be entitled to pensions and other retirement benefits as are prescribed under the Pension Reform Act.
Pensions. Act No. 4, 2014.
SECTION 18
Fund of the Agency.
SECTION 19
The Agency shall apply the Fund for-
Expenditure of the Agency.
SECTION 20
Exemption from tax.
SECTION 21
Subject to the approval of the Board, the Agency may invest its income in profitable production of goods by joint venture, partnerships, or shareholding as the case may be, and the net income so generated shall be paid into the Fund.
Investment of income.
SECTION 22
The Agency shall, not later than 30th September in each year, submit to the Board for approval, its programme of work and estimate of its income and expenditure including payments into the Agency’s fund for the next succeeding year.
Annual estimates, income and expenditure.
SECTION 23
The Agency shall-
Accounts and audits.
SECTION 24
Annual reports.
SECTION 25
The Agency may accept gifts, endowments and testamentary dispositions upon such terms and conditions, if any, as may be specified by the donor of the gift, provided that the terms and conditions are not contrary to the objectives and functions of the Agency and the Financial Regulations.
Power to accept gifts.
SECTION 26
Commencement of suits or service of notice.
SECTION 27
Restriction on execution against property of the Agency.
SECTION 28
The Agency may, subject to the Land Use Act, purchase, lease any interest in land, building or property, or build, equip and maintain such other offices and premises for the efficient performance of its functions under this Act.
Power to purchase or take on lease property.
SECTION 29
The Agency may, subject to the Land Use Act, sell or lease out any land, office or premises held by it, which is no longer required for the performance of its functions under this Act.
Cap. L5, LFN, 2004. Power to sell or lease out property.
SECTION 30
The Director-General, any officer or employee of the Agency shall be indemnified out of the assets of the Agency against any liability incurred by him in defending any proceeding, whether civil or criminal, if the proceeding is brought against him in his capacity as a member, Director-General, officer or other employee of the Agency.
Cap. L5, LFN, 2004. Indemnity.
SECTION 31
The Minister may give to the Agency such directives as he may consider necessary for the effective performance of the functions of Agency under this Act and the Agency shall comply with.
Power of the Minister to give directives.
SECTION 32
Power to make regulations.
SECTION 33
This Act repeals-
Repeals.
SECTION 34
From the commencement of this Act-
Savings.
SECTION 35
In this Act- “Agency” means the National Biotechnology Development Agency established under section 1; “Biotechnology” means a field of applied biology that involves the use of living organisms, plant cells and bio processes in engineering, technology, medicine, agriculture and other fields requiring bio products; “Board” means the Governing Board of the Agency established under section 2; “Center” means all bioresources development centers, biotechnology centers of excellence, specialised centers and other relevant centers as the Agency may establish; “Chairman” means the Chairman of the Governing Board of the Agency; “Director-General” means the Director-General of the Agency; “Fund” means the Fund of the Agency established under section 18; “geo-ecological” means the ecological zones as reflected in the National geography; “geopolitical zones” means the six geopolitical zones as it exists in the country; “Member” means a member of the Board of the Agency including the Chairman; “Minister” means the Minister charged with the responsibility for science and technology; “NABDA” means National Biotechnology Development Agency established under this Act; “President” means the President of the Federal Republic of Nigeria; “public officer” means any person working in the Public Service of the Federation or a State as defined in the 1999 Constitution of the Federal Republic of Nigeria; “research and development” means creative work undertaken on a systematic basis in order to increase knowledge in biotechnology and the use of this knowledge to devise new biotechnology applications; and “technical department” means sections involved in scientific activities.
Interpretation.
SECTION 36
This Act may be cited as the National Biotechnology Development Agency (Establishment) Act, 2022.
Citation.
FIRST SCHEDULE Section 2 (3)
SUPPLEMENTARY PROVISIONS RELATING TO THE BOARD
Proceedings of the Board
1. Subject to this Act and section 27 of the Interpretation Act, the Board shall have power to regulate its proceedings and may make standing orders with respect to the holding of its meetings and those of its committees, notices to be given, the keeping of minutes of its proceedings, the custody and production for inspection of such minutes and such other matters as the Board may determine.
2. The Chairman shall preside at every meeting of the Board, and in his absence, the members present at the meeting shall appoint one of their members to preside at the meeting.
3. The quorum at a meeting of the Board shall consist of the Chairman or, in an appropriate case, the person presiding at the meeting under paragraph 2 of this Schedule, and six other members.
4. The Chairman shall, in the case of an equality of votes, have a casting vote.
5. A question put before the Board at a meeting shall be decided by consensus and where this is not possible, by majority of votes of members present and voting.
6. The Board shall, for the purpose of this Act, meet at least three times in each year and the Board shall meet whenever it is summoned by the Chairman, and if required to do so, by notice given to him by at least five other members, summon a meeting of the Board to be held within 14 days from the date on which the notice is given.
7. Where the Board desires to obtain the advice of any person on a particular matter, the Board may co-opt the person to be a member of the Board for such period as it deems fit, and the person while so co-opted shall have all the rights and privileges of a member, except that he is not entitled to vote at any meeting of the Board and shall not be counted towards a quorum.
Committees
8.-(1) Subject to its standing orders, the Board may set up such number of standing and ad-hoc Committees as it deems fit to consider and report on any matter with which the Agency is concerned.
(2) A committee set up under this paragraph shall-
(a) consist of such number of persons (not necessarily members of the Board) as may be determined by the Board; and
(b) be presided over by a member of the Board.
(3) A person other than a member of the Board who is appointed under this paragraph, shall hold office on the Committee in accordance with the terms of his appointment.
(4) The quorum of any Committee set up by the Board shall be as determined by the Board.
(5) A decision of a Committee of the Board shall be of no effect until it is confirmed by the Board.
9. The validity of any proceeding of the Board or any of its Committee is not affected by- (a) any vacancy in the membership of the Board, or committee; (b) any defect in the appointment of a member of the Board or committee; or (c) reason that a person not entitled to do so took part in the proceedings of the Board or committee.
10. A member of the Board or Committee who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Board or Committee shall- (a) immediately disclose his interest to the Board or committee; and (b) not vote on any question relating to the contract or arrangement.
11. No member of the Board shall be personally liable for any act or omission done or made in good faith while engaged in the business of the Agency.
Fixing of Seal
12. The affixing of the seal of the Agency shall be authenticated by the signature of the Director-General and witnessed by the Legal Adviser of the Agency.
13. A contract or an 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 Agency by the Director-General and witnessed by the Legal Adviser of the Agency or by any other person specifically authorised by the Board to act for that purpose.
14. A document purporting to be a contract, instrument or other document duly signed or sealed on behalf of the Agency shall be received in evidence and shall, unless the contrary is proved, be presumed without further proof to have been so signed or sealed.
SECOND SCHEDULE Section 9 (1) (a), (b) and (3)
SUPPLEMENTARY PROVISIONS RELATING TO THE CENTRES
Bioresources Development Centres
1. A Centre established under this Act shall have a Director appointed by the Board on the recommendation of the Director-General and shall be located in-
(a) NABDA Headquarters, Abuja, FCT;
(b) Odi, Bayelsa State;
(c) Isanlu, Kogi State;
(d) Katsina, Katsina State;
(e) Owode, Ogun State;
(f) Jalingo, Taraba State;
(g) Arochukwu, Abia State;
(h) Ogbomoso, Oyo State;
(i) Kano, Kano State; and
(j) such other zone as the Agency may deem necessary to establish for the efficient performance of its functions under this Act.
2. Zonal Biotechnology Centres of Excellence shall be located within the universities across the geopolitical zones- (a) University of Maiduguri, Maiduguri – North-East Zone; (b) University of Port Harcourt, Port Harcourt – South-South Zone; (c) University of Nigeria, Nsukka – South-East Zone; (d) Ahmadu Bello University, Zaria – North-West Zone; (e) University of Ibadan, Ibadan – South-West Zone; (f) University of Jos, Jos – North-Central Zone; and (g) any other centre of excellence which the Agency may deem necessary to establish for the efficient performance of its functions under this Act.
Functions of the Centres
3. Each Centre is charged with the responsibility for research, development and commercialisation of its results, in-
(a) preservation and provision of bioresources for scientific, industrial, agricultural, environmental and medical research development and applications;
(b) utilisation of local bioresources to perform research and development activities, including preservation of the nation’s ecological biodiversity;
(c) promotion of technologies and databases to achieve best practices in the development of indigenous bioresources;
(d) application of tissue culture for plant and animal conservation, agricultural development and training people in tissue culture techniques;
(e) arresting rapid erosion and loss in the country’s crop and animal genetic resources;
(f) documenting the germplasm stocks held by the center, research institutes and relevant organisations;
(g) establishment of repositories for developed bioresources for protection of intellectual property rights;
(h) provision of bio enterprises for public information and policy formulation to encourage commercial production;
(i) deployment of biotechnology to the grass root communities;
(j) training and continuous education of staff of the Centres in bioresources and bio enterprises development;
(k) promotion and collaboration in bioresources and bio enterprises development with private and public sectors, researchers, industry and academia; and
(l) such other activity as the Director of the Centre or the Agency may determine.
Power of the Centre
4.-(1) Each Centre shall have power to-
(a) prepare-
(i) a programme of research, development and commercialisation of results, within the field for which the Centre is responsible, for such periods, not less than three years, as the Director may, with the approval of the Director-General, determine, and
(ii) detailed estimates of the expenditure which shall be required for carrying out the programme;
(b) review and, if necessary, revise in each year, the programme approved under subparagraph (a) (i) for the following year, together with estimated budget for that year;
(c) carry out the programme of research, development and commercialisation of results approved by the Agency; and
(d) make suitable arrangements for the diffusion of research results in the economy by-
(i) establishing effective mechanisms in active collaboration with Federal and State Ministries of Agriculture and the World Bank supported agricultural development projects in the States, for extension work to farmers and industrialists,
(ii) establishing in-house pilot production units and plants to demonstrate the commercial viability of research results,
(iii) collaborating with the Federal and State Ministries of Trade and Investment in the generation of private sector industries as Centres, and
(iv) establishing systems for an effective media publicity of research results, but where expenditure of Funds is involved, the Centre shall obtain the approval of the Board.
(2) Subject to the provisions of this Act, each Centre shall be selfaccounting, have power to take such decisions and to enter into such transactions, which in its opinion ought to be undertaken in the proper performance of its functions, subject to the approval of the Director-General.
(3) Each Centre shall, in particular and without prejudice to the generality of the other powers conferred by this paragraph, have power to acquire and hold property and any interest in land, with the approval of the Director-General.
Staff of the Centres
5.-(1) There shall be for each Centre other members of staff as appointed by the Agency.
(2) The Director of each Centre may request from the Agency such members of staff as are deemed necessary for the proper performance of the functions of the Centre under this Act.
Fund of the Centres
6.-(1) Each Centre shall establish and maintain a fund from which shall be defrayed all expenditure incurred by the Centre and the signatories to the Fund shall be the Director-General and the Director of the Centre.
(2) There shall be paid into the Fund of the Centres –
(a) sums as may accrue to the Centre as revenue from its operations;
(b) sums as may be made available to the Centre by the Agency;
(c) sums as may be made available through appropriation; and
(d) other assets as may accrue to the Centre.
(3) The Fund of the Centre shall be managed in accordance with extant financial regulations.
Annual estimate
7. Each Centre shall submit to the Agency, not later than 31 October each year, its programme of work and estimates of income and expenditure for the succeeding year.
Annual and quarterly report
8. The Director of each Centre shall submit to the Agency an annual, quarterly operational and financial report on the activities of the Centre not later than-
(a) two weeks after the end of the preceding quarter in case of a quarterly report; or
(b) six months after the end of each year in case of the annual report.
Power to borrow money
9. A Centre may borrow money with the approval of the Headquarters of the Agency.
Restriction on entering into contract with foreign countries
10. A Centre shall not enter into any contract or arrangement with a foreign country or body without a prior clearance and approval by the Headquarters of the Agency.