A Law To Establish The Ekiti State Council For Arts And Culture.

1. A LAW TO ESTABLISH THE EKITI STATE
COUNCIL FOR ARTS AND CULTURE
NO. 9 OF 2012
EKITI STATE OF NIGERIA

2. EKITI STATE COUNCIL FOR ARTS AND CULTURE:
ARRANGEMENT OF SECTIONS
PART I
ESTABLISHMENT, CONSTITUTION AND FUNCTIONS OF THE COUNCIL
1. Establishment and Incorporation
2. Composition of Council
3. Appointment of Chairman and Members of the Council
4. Remuneration of Council Members
5. Schedule
6. General Functions of the Council
7. Specific Functions of the Council
8. Appointment of Committees.
9. Appointment of Local Government Cultural Committee
10. Appointment of Executive Director and other Officers of the Council
11. Appointment of the Secretary
12. Other Officers of the Council.
PART II: FINANCIAL PROVISIONS
13. Funds of the Council
14. Power of the Council to raise the Funds
15. General Fund Reserve
16. Accounts and Audit
17. Annual Reports and Estimates

3. PART III: MISCELLANEOUS AND GENERAL
18. Execution or issue of Instruments
19. Headquarters of the Council
20. Direction by the Governor.
21. Interpretation
22. Citation and Commencement.

4. A LAW TO ESTABLISH THE EKITI STATE COUNCIL FOR ARTS AND
CULTURE AND FOR OTHER MATTERS INCIDENTAL THERETO OR
CONNECTED THEREWITH
NO. 9 OF 2012
EKITI STATE OF NIGERIA
COMMENCEMENT ( )
ENACTED BY THE EKITI STATE HOUSE OF ASSEMBLY AS FOLLOWS
PART I
ESTABLISHMENT, CONSTITUTION AND FUNCTIONS OF THE COUNCIL
Establishment 1 (1) There is hereby established a body to be
and Incorporation known as the Ekiti State Council for Arts
and Culture.
(2) The Council shall be a body corporate with
perpetual succession and a common seal and
shall have the power to sue and be sued in
its corporate name and to acquire, hold or
dispose of movable and immovable property
for the purpose of its functions under this
law.
Composition of 2. The Council shall consist of:
the council
1. A part – time Chairman,
2. Three members of the public,

5. 3. A member of the Traditional Council of
Obas,
4. A representative of the Government as
an Ex- officio
5. A representative of the Association of Local
Government Chairmen of Nigeria
6. A woman (culture /art practitioner)
7. A Youth (a student of culture/art
practitioner)
8. Two Professional Arts and Culture
practitioners.
Appointment of 3. The Chairman and other members of the
Chairman and Council shall be appointed by the Governor on
Members of the the advice of the Commissioner, from among
Council persons appearing to him to be verse and
knowledge in Art and Culture of the state.
Remuneration of 4. There shall be paid to the members of the
Council Members Council (not being an Ex-officio member) such
remuneration and allowances as the Governor may
determine.
Schedule 5. The provisions contained in the Schedule to
this Law shall take effect with respect to the
Constitution and proceedings of the Council.
General Functions 6. Subject to the provisions of this Law, the

6. of the Council Council shall promote, preserve, encourage,
develop and control Arts and Culture in the State.
Specific Functions 7. Without prejudice to the generality of the
of the Council. provision of section 6 of this Law, the Council
shall have power:-
(1) to organize, hold, or assist financially or
otherwise in the holding of public
exhibitions and festivals of the Arts either
with or without a fee;
(2) to organize and supervise the activities of
the State owned Cultural Centres in the State
under the general and specific directions of
the Commissioner;
(3) to organize, conduct lectures or provide
instruction in Arts, Culture and allied
subjects;
(4) to assist and encourage any deserving
Nigerian Artiste or Craftsman;
(5) to regulate the conduct of Arts competition
in the State;
(6) to make recommendations to the
Government for the award of bursaries or
scholarships in the promotion of Arts and
Culture in the state;

7. (7) to organize Annual Carnivals and Festivals
of Arts and Culture;
(8) to publish or sponsor the publication of
literature, periodical or newspaper in
relation to Arts and Culture;
(9) to acquire or preserve any artistic or
Culture object or monument in the State;
(10) to cooperate with any institution
or person engaged in or connected with
Art and Culture in Nigeria;
(11) to acquire, purchase, lease, mortgage,
hold, construct or maintain any property
required for its functions and to sell, dispose
of or otherwise deal with such property or
any part thereof with the approval of the
Governor
(12) to enter into such contract as may be
necessary, for the performance of its
function subject to such limits as the
Commissioner may direct;
(13) to accept and administer any
subscriptions, gifts or property for any
purpose connected with Arts and Culture;
(14) to advise the State Government through
the Commissioner on all matters related
to Arts and Culture;

8. (15) to carry on any activities necessary for
performance of its functions;
(16) to encourage Scholars to record and
publish in books the stories of the deities
such as Ogun, Orunmila, Sango etc. and
how they are worshipped in different parts
of the State;
(17) to encourage Scholars to record for
posterity, the festivals of the different
parts of the state and how they are
performed;
(18) to encourage Scholars to record the
traditions of our State and as they differ
from place to place in respect of marriage
,child –naming, ceremonies for installation
of Obas and Chiefs;
(19) to preserve for posterity, shrines and
other forest of deities which are being
destroyed for development purpose.
Appointment 8. (1) The Council may appoint
of Committees Committees to advise and assist it in the
performance of its functions.
(2) The membership of each Committee, its
quorum, meeting, frequency, procedure and
other matters necessary for the proper

9. functioning of such a Committee shall be
prescribed by the Council.
Appointment 9. (1) There shall be for each Local
of Local Govt. Cultural Government Area a Local Arts and
Committee Culture Committee under the Chairmanship
of the Vice-chairman of the Local
Government Area.
(2) The Committee shall consist of the
following other members;
(a) Head of the Community Development
of the Local Government.
(b) Chairman of the Traditional Council
for the Local Government.
(c) A Councilor to be appointed by the
Local Government Council Chairman.
(d) Field Officer of the state Council for
Arts and Culture.
(3) The Committee shall advise and assist the
State Council with respect to such matters as
may arise from and in execution of the
duties of the State Council.
Appointment of 10. The Governor will;
Executive Director (1) appoint at such remuneration and on

10. and other Officers comparative/similar terms and conditions an
Executive Director for Arts and Culture who
shall be the Chief Executive and shall be
responsible for the policy of the Council and
the transaction of its day-to-day business.
The Secretary 11. There shall be an officer of the Council to be
known as the Secretary who is to be seconded
from the Office of Establishment and Training
not below the rank of Administrative Officer IV.
The Secretary shall be responsible to the
Executive Director for Arts and Culture
who is the Chief Executive Officer of the
council. The Secretary shall be
responsible for the following matters, that is to
say:-
(1) making arrangements for meeting of the
Council;
(2) preparing the agenda and the minutes of
such meetings;
(3) conveying decisions of the Council to its
members;
(4) arranging for payment of fees and
allowances of meetings and all other matters
affecting members of the Council and he
shall perform all other duties of the Council

11. as may be specially assigned to him by the
Executive Director of Arts and Culture.
Other Officers 12. Subject to the provision of this Section, the
of the Council Council shall have power to appoint, promote
and exercise control over Junior Officersin grade
level 01 – 06 as it may think necessary.
PART II
FINANCIAL PROVISIONS OF THE COUNCIL
Funds of the 13. (1) The funds of the Council shall consist of
Council such funds as may, from time to time, be
provided by:-
(a) the State Government; and
(b) monies collected or received by the
Council from its operational sources.
(2) The Council shall apply its funds in
pursuance of its functions as laid down in
this Law.
(2) Money standing to the credit of the Council
may from time to time be invested in

12. cultural, tourism, Arts and Craft industries to
generate further revenue to government coffers
with the approval of the Governor.
(4) Grants from Local and International
Organisations and Philanthropic bodies.
Power of 14. (1) The Council may receive donations
Council to raise and gifts and may engage in fund
Funds raising activities provided that no fund
shall be raised outside the State without
the approval of the Governor.
(2) The Council may seek collaboration under
Public, Private Partnership (PPP)
arrangement with the approval of the
Governor.
General Fund 15. (1) The Council shall establish and maintain
Reserve a general fund reserve into which shall be paid
such sums of money as the Council may from time
to time allocate.
(2) The management of the general fund reserve shall
be as the Council may, with the approval of the
Governor, determine.
(3) No part of the monies comprised in the general
reserve shall be applied otherwise than for purpose
authorized by this Law.
Account and 16. The Council shall keep proper books of account and

13. Audit submit its receipts, payments, assets and liabilities for
auditing to the State Auditor General from time to time
but not later than 31st December of every year.
Annual Reports 17. (1) The Council shall on or before the 1st day of
and Estimate July of each year prepare and present through the
Commissioner for onward transmission to the
Governor report of its proceedings and operations
during the period of 12 months ending on the 31st
December, of the previous
year and the report be accompanied by a
certified copy of the audited accounts.
(2) The State Auditor General shall submit the audited
accounts of the Council to the Ekiti State
Government.
(3) The Council shall, not later that 30th day of
September in each, year submit to the
Commissioner for approval, its estimates of revenue
and expenditure in respect of the year beginning on
the 1st of January in the following year.
PART III
MISCELLANEOUS AND GENERAL
Execution or 18. (1) Any contract or instrument which, if entered
Issue of into or executed by a person not being a
Instruments corporate body would not require to be under seal,
may be entered into or executed on behalf of the

14. Council by any person generally or specially
authorized by the Council for that purpose.
(2) Any document purporting to be a document duly
executed or issued under the seal of the Council or
on behalf of the Council shall, unless the contrary
is proved, be deemed to be a document so executed
or issued, as the case may be.
(3) All capital projects of the Council shall be
executed by the parent Ministry.
Headquarters 19. The Council shall operate from an appropriate
of the Council. Headquarters designated/by Ekiti State Government
Approved, situate at the state capital.
Direction by the 20. The Governor may give to the Council direction of a
Governor general or specific functions as to the exercise and
performance by the Council of any of its functions in
relation to matters appearing to him to affect public
interest and the Council shall give effect to such
direction.
Interpretation 21. In this law;
“Commissioner” means the Commissioner responsible
for Culture, Arts and Tourism.
“the Council” means Ekiti State Council for Arts and
Culture established by this Law;
“the Chairman” means the Chairman of the Council;
“Member” means, a member of the Council and includes
the Chairman;
“Executive Director” means the Chief
Executive/Accounting Officer or the Council;

15. “Function” includes powers and duties;
“State” means Ekiti State of Nigeria.
Citation and 22. This Law may be cited as the Ekiti State Council for
Commencement Arts and Culture Law, 2012.

16. SCHEDULE
CONSTITUTION AND PROCEEDINGS OF THE COUNCIL
Tenure of Office of 1. Every member of the Council other than
Member Ex-Officio shall, subject to the provisions
of this schedule, hold office for three years.
Resignation 2. Any member of the Council (other than
an Ex-Officio member) may, at any time,
by writing under his hand addressed to
the Governor, resign his office.
Eligibility for Re- 3. A member of the Council (other than an
appointment Ex-officio member) who has ceased to be such
member may be eligible for re- appointment
for another term of three years and no more.
Removal from 4. (1) The Governor may at any time, in his own
Office discretion, remove from office any member of the
Council.
(2) If the Governor is satisfied that a member of
the Council (other than an Ex-officio member):-
(a) has been absent from three Consecutive
meetings of the Council without the
permission of the Commissioner in case of
the Chairman, or of the Chairman
in the case of any aforesaid member; or
(b) has become bankrupt or made an
arrangement with his creditors; or
(c) is incapacitated by physical or mental
illness; or

17. (d) is otherwise unable or unfit to
discharge the functions of a member,
the Governor may declare his office as
member of the Council to be vacant and
shall notify the fact in such manner as he
may think fit and upon such declaration
such member shall vacate his office.
Vacancies 5. No act or proceedings of the Council shall be
questioned on account of any vacancy among its
members or on account of the appointment of any
member having been defective.
Co-option of 6. Where upon any special occasion the Council
Persons desired to obtain the advice of any person on a particular
matter, the Council may co-opt such a person to be
a member of such meeting as may be required, and such
person whilst so co-opted shall have all rights and
privileges of a member save that he shall not be entitled
to vote on any question. He shall however be paid any
such incidental expenses as may arise from his co-option.
Ordinary and 7. The Council shall ordinarily meet at such times Special
Meeting and places as its Chairman may direct:
Provided that Six Members by notice in writing signed
by them, or the majority of members of any committee of
the Council by resolution, may request the Chairman to
summon a special meeting of the Council for such
purpose as shall be specified in the notice or resolution
and upon receipt of such notice or resolution as the case
may be, the Chairman shall, at the earliest convenient
date, summon the special meeting for the purpose set out
therein.
Quorum 8. The Chairman or other member presiding and five
other members shall form a quorum at any
meeting of the Council.

18. Presiding and 9. (1) At every meeting of the Council, the
Voting Chairman, if present, shall preside, but in his
absence, the Council, may appoint one of its
members present to preside.
(2) Subject to the provisions of this Law, any question
which fails to be determined by the Council at any
of its meetings shall be decided by a majority of
the members present and voting on the question.
(3) The Chairman of the Council or any other member
presiding in his absence shall have an original
vote, and in the event of equality of votes, a
casting vote.
Order 10. Subject to the provisions of this law, the Council may
make standing orders for the purpose of regulating
its own proceedings.
Provisions for 11. Like its counterparts in the Civil Service, all staffers
Staff’s salaries, of the Council shall be paid their salaries,
allowances and other remuneration, allowances, claims, inclusive of loans
financial benefits. and above all the prompt payment of Gratuities and
Pensions through the offices of the Accountant-
General, the Civil Service Commission and the
Establishment Department of the Governor’s Office.

19. This printed impression has been carefully compared by me with the
Bill, which has been passed by the Ekiti State House of Assembly and
found by me to be a true copy of the said Bill.
………………………………………………
MR. BEN. AKINTUNDE FAMOYEGUN
Clerk of the House of Assembly
………..……………………………………
RT. HON. (DR.) ADEWALE OMIRIN
Speaker of the House

20. Governor’s Assent:
I hereby signify my assent to this Bill
DR. KAYODE FAYEMI
Executive Governor of Ekiti State
MADE AT ADO EKITI THIS ………… DAY OF ………2012