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Joint Admissions and Matriculation Board Act Chapter 193 Laws of the Federation of Nigeria
Arrangement of sections
Joint Admissions and Matriculation Board Act Chapter 193 Laws of the Federation of Nigeria
An Act to establish the Joint Admissions and Matriculation Board to administer a centralised admissions system for Universities, Polytechnics and Colleges of Education.
7th December, 1989 1.
There is hereby
established a body to be known as the Joint Admissions and Matriculation Board
(hereafter in
this Act referred to as “the Board") which shall be a body
corporate with perpetual succession and a common seal and may sue
and be sued in
its corporate name.
2.
(1) The Board shall consist of the members following to be
appointed by the President, Commander-in-Chief of the Armed Forces,
on the
recommendation of the Minister, that is - (a)
a
Chairman who shall have appropriate qualifications; (b)
seven representatives of all the Universities in Nigeria; (c)
five representatives of all the Colleges of Education in Nigeria; (d)
five representatives of all the Polytechnics in Nigeria; (e)
two
representatives of the Nigerian Conference of Principals of Secondary Schools; (f)
one representative of the Federal Ministry of Education;
(g)
the Registrar of the West African Examinations Council or his
representative; (h)
the
Executive Secretary of the National Universities Commission or his
representative;
(i)
the
Executive Secretary of the National Board for Technical Education or his
representative; (j) the Executive Secretary of the National
Commission for Colleges of Education or his representative.
(k)
the Registrar to the Board;
(l)
five
other persons to represent interests not otherwise represented on the Board.
(2)
The supplementary provisions set out in the Schedule to this Act shall
have effect with respect to the proceedings of the Board and
the other matters
mentioned therein. 3. (1)
The Chairman shall hold office for a period of office. three
years and shall be eligible for re-appointment for a further period of three
years. (2)
A person appointed to be a member of the Board, not being a public
officer, shall hold office for a period of three years and shall
be eligible for
re-appointment for a further period of three years. (3)
Any member, not being a public officer, may resign his appointment by a
letter under his hand addressed to the Minister. (4)
Members of the Board, not being public officers, shall be paid such
remuneration and allowances as the National Council of Ministers
may, from time
to time, determine. 4.
(1) The Minister may, with the approval
President, Commander-in-Chief of the Armed Forces, at any time
remove any member of the Board from office if the Minister is of the opinion that it is not in
the interest of the Board for the member to continue in office and shall notify
the
member in writing to that effect. (2)
Where the Board is satisfied that the continued presence on the Board
of any member is not in the national interest or the interest
of the Board, the
Board may recommend to the Minister that the member concerned be removed
from his office and if the Minister.
after making~ such inquiries as he
considers necessary, approves of the recommendation he may in writing declare
the office of
the member vacant. 5.
(1) Notwithstanding
the provisions of any other enactment. the Board shall be responsible for
(a)
the
general control of the conduct of matriculation examinations for admissions into
all Universities, Polytechnics (by whatever
name called) and Colleges of
Education (by whatever name called) in Nigeria; (b)
the
appointment of examiners, moderators, invigilators, members of subject panels
and committees and other persons with respect
to matriculation examinations
and any other matter incidental thereto or connected therewith; (c)
the
placement of suitable qualified candidates in the tertiary institutions having
taken into account- (i)
the vacancies
available in
each tertiary (ii)
the guidelines approved for each tertiary institution by its proprietor
or other competent authority
(iii) the preferences expressed or otherwise
indicated by candidates for certain tertiary institutions and courses
and
(iv) such other matters as the Board may be
directed by the Minister to consider, or the Board itself may consider
appropriate
in the circumstances;
(d)
the
collection and dissemination of information on all matters relating to
admissions into tertiary institutions or to any other
matter relevant to the
discharge of the functions of the Board under this Act; and
(e)
the
carrying out of such other activities as are necessary or expedient for the
full discharge of all or any of the functions conferred
on it under or pursuant
to this Act. (2)
For the avoidance of doubt, the Board shall be responsible for
determining matriculation requirements and conducting examinations
leading to
undergraduate admissions and also for admissions to National Diploma and the
Nigerian Certificate in Education courses,
but shall not be responsible for
examinations or any other selective process for postgraduate courses and any
other courses offered
by the tertiary institutions.
6.
Subject to the provisions of this Act, the Minister may give the Board
directives of a general character or relating generally to
particular matters
with regard to the exercise by the Board of its functions under this Act and it
shall be the duty of the Board
to comply with such directives.
7.
(1)
The President,
Commander-in-Chief of the Armed Forces shall, on the recommendation of
the Minister, appoint for the Board, a Registrar
who shall have appropriate qualifications. (2)
The Registrar shall be the Chief Executive of the Board and shall be
responsible for the execution of the policy of the Board and
the day-to-day
running of the affairs of the Board. (3)
The Registrar shall hold office in the first instance for a period of
five years and shall be eligible for reappointment for such
further periods as
the President, Commander-in-Chief of the Armed Forces may, from time to time,
determine. (4)
Subject to this section, the Registrar shall hold office on such terms as
to emoluments and otherwise as may be specified in his
letter of appointment,
and as may, from time to time, be approved by the President,
Commander-inChief
of the Armed Forces. 8. (1)
The Board may appoint such other employees of the
Board to assist the Registrar in the exercise of his (2)
The remuneration and tenure of office of the other employees of the Board
shall be determined by the Board after consultation with
the Establishments
Department of the Federal Civil Service Commission. (3)
Notwithstanding the provisions of subsection (1) of this section,
employees of the Board may be appointed by the Board by way of
transfer or
secondment from the public service of the Federation or of any of the States. 9.
(1) It is hereby declared that service in the Board shall be pensionable
under the Pensions Act, and accordingly, (2)
Notwithstanding the provisions of subsection (1) of this section, nothing
in this Act shall prevent the appointment of a person
to any office on terms
which preclude the grant of a pension or gratuity in respect of that office. (3) For the purposes of the
Act, any
power exercisable thereunder by a Minister or (4)
Subject to subsection (2) of this section, the Pensions Act shall, in its
application by virtue of the subsection (1) of this section
to any office, have
effect as if the office were in the civil service of the Federation within the
meaning of the
10.
The Board shall
establish and maintain a fund which (a)
such sums
as may be provided by the Federal Government for the running expenses of the
Board; and
(b)
such
other sums as may be collected or received by the Board from other sources
either in the execution of its functions or in respect
of any property vested in
the Board or otherwise howsoever. 11.
The Board may, from time to time, apply the proceeds
of the fund established in pursuance of section 10 of (a)
to the
cost of administration of the Board; (b)
for
reimbursing members of the Board or of any committee set up by the Board for
such expenses as may be expressly authorised by
the Board in accordance with
such rates as may be approved, from time to time, by the National Council of
Ministers;
(c)
to the
payment of salaries, fees or other remuneration or allowances, pensions,
superannuation allowances and gratuities payable
to the employees of the Board
and of fees to agents, so however that no payment of any kind under this
paragraph (except such as
may be expressly
authorised) shall be made to any
person who is in receipt of emoluments from the Government of the Federation
or of a State;
(d)
for the
maintenance of any property acquired or vested in the Board; and
(e)
for and
in connection with all or any of the functions of the Board under or pursuant to
this Act. 12. (1)
The Board shall submit to the Minister, not later than 30th September
in each year an estimate of its expenditure and income during
the next
succeeding year. (2)
The Board shall keep proper accounts and proper records in relation
thereto and shall prepare in respect of each year a statement
of accounts in
such form as it may think appropriate. (3)
The accounts of the Board shall be audited, not later than six months
after the end of the year to which such accounts relate, by
auditors appointed
by the Board from the list and in accordance with the guidelines supplied by the
Auditor-General of the Federation.
13.
The Board
shall prepare and submit to the National Annual Council
of Ministers, through the Minister, not later than report. 30th
June in each year, a report in such form as the Minister 14.
(1)
For
the purpose of carrying out the functions conferred on the
Board under this Act, the Registrar or any information. other
employee of the Board authorised in that behalf
(a)
shall have a right of access to all relevant
records of any tertiary institution to which this Act applies; (b)
may by
notice in writing served on any person in charge of any such tertiary
institution require that person to furnish or cause
to be furnished information
on such matters as may be specified in the notice. (2)
It shall be the duty of any person required to furnish information
pursuant to subsection (1) of this section to comply with the
notice within a
reasonable period of time.
15.
The
Minister may make Regulations for carrying into 16.
(1)
The
Joint Admissions and Matriculation Board Act 1978 is hereby repealed, and
accordingly, the Board established under that Act
is hereby dissolved. (2)
Without prejudice to section 6 of the Interpretation Act, the repeal of
the Joint Admissions and Matriculation Board Act 1978 (hereafter
in this section
referred to as "the repealed Act") shall not affect anything done
under or pursuant to the repealed Act.
(3)
By virtue of this Act and without further assurance, there shall be
vested in the Board established by this Act all assets, funds,
resources and
other movable or immovable property which immediately before this Act were
vested in the Board established by the
repealed Act. (4)
The rights, interests, obligations and liabilities of the Board
established by the repealed Act existing before this Act under any
contract or
instrument, or in law or in equity apart from any contract or instrument, shall
by virtue of this Act be assigned to
and vested in the Board established by this
Act. (5)
Any contract or instrument as is mentioned in subsection (4) of this
section shall be of the same force and effect against or in
favour of the Board
established by this Act and shall be enforceable as fully and effectively as if
instead of that Board, the
Board established by this Act has been named therein
or had been a party thereto. (6)
The Board shall be subject to all the obligations and liabilities to
which the Board established under the repealed Act was subject
immediately
before this Act and all other (7)
Any proceedings or cause of action pending or existing immediately
before this Act by or against the Board established by the repealed
Act in
respect of any right, interest, obligation or liability of that Board may be
continued or, as the case may be, commenced
and any determination of a court of
law, tribunal or other authority or person may be enforced by or against the
Board to the same
extent that such proceedings, cause of action or determination
might have been continued, commenced or enforced by or against the
Board
established by the repealed Act if this Act had not been made. (8)
Notwithstanding the repeal of the enactment referred to in this section,
if the Board established by the Act thinks it expedient
that any vacancy in the
Board should be filled by a person holding office at the commencement of this
Act in the Board dissolved
by this section, it may employ such person by way of
transfer to the Board established by the Act and the previous service in that
Board by such person shall count as service for the purposes of any pension
subsequently payable by the Board established by this
Act. 17. (1) In this Act, unless the context otherwise requires-
"Board" means the Joint
Admissions and Matriculation
"Chairman" means the Chairman of the Board; "member" means any member of the
Board including the Chairman; "Minister" means the Minister
charged, from time to time, with responsibility for matters relating to higher
education; "Registrar" means the Registrar of
the Board appointed pursuant to section 6 of this Act; "tertiary institutions" means any
tertiary institutions in Nigeria and includes any other institution in Nigeria
providing
courses leading to the award of first degrees. (2)
It is hereby declared, for the avoidance of doubt, that this Act is
without prejudice to the application of any enactment or law
setting up any
tertiary institution, so however that where any of the provisions of any such
enactment or law is inconsistent with
any provision of this Act, this Act shall
prevail. 18.
This Act may be cited as the Joint Admissions and Matriculation Board
Act. Schedule Section
2(2) Supplementary Provisions relating to the Board
1.
Subject to this Act and section 27 of the Interpretation Act (which
provides for decisions of a statutory body to be taken by a majority
of its
members and for the person presiding to have a second or casting vote), the
Board may make standing orders regulating the
proceedings of the Board or any
committee thereof. 2.
Every meeting of the Board shall be presided over by the Chair-man and if
the Chairman is unable to attend any particular meeting,
a member may be
appointed by the members present to act as chairman for that particular
meetIng. 3. A quorum at a meeting of the Board shall consist of ten members at least
three of whom shall be members appointed under paragraph
(b) of
section 2(1) of this Act. 4.
Where standing orders made under paragraph 1 of this Schedule provide for
the Board to co-opt persons who are not members of the
Board, such persons may
advise the Board on any matter referred to them by the Board, but shall not be
entitled to vote at a meeting
of the Board or count towards a quorum. Committees 5.
Subject to its standing orders, the Board may appoint such number of
standing and ad-hoc committees as it thinks fit to consider
and report on any
matter with which the Board is concerned. 6.
Every committee appointed under the foregoing provisions of this
paragraph shall be presided over by a member of the Board and shall
be made up
of such number of persons, not necessarily members of the Board, as the Board
may determine in each case.
7.
The quorum of any committee set up by the Board shall be as may be
determined by the Board. 8.
Where standing orders made pursuant to paragraph 1 of this Schedule
provide for a committee of the Board to consist of or to co-opt
persons who are
not members of the Board, the committee may advise the Board on any matter
referred to it by the Board. 9.
A decision of a committee shall be of no effect until it is confirmed by
the Board. Miscellaneous
10.
The fixing of the seal of the Board shall be authenticated by the signature of
the Chairman and of any other
person authorised in that behalf by the Board. 11.
Any contract or instrument which, if made or executed by any person not
being corporate would not be required to be under seal, may
be made or executed
on behalf of the Board by any person generally or specially authorised to
act for that purpose by the Board. 12.
Any document purporting to be a contract, instrument or other document duly
signed or sealed on behalf of Board shall be received
in evidence and shall,
unless the contrary is proved, be presumed to have been so signed and sealed. 13.
The validity of any proceedings of the Board shall not be affected by- (a)
any vacancy in the membership of the Board; or (b)
any defect in the appointment of a
member of the Board; or (c)
reason that a person not entitled
to do so took part in the proceedings of the Board.
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URL: http://www.commonlii.org/ng/legis/num_act/jaamba390