Insurance Institute of Nigeria Decree
Laws of the Federation of Nigeria
day of February 1993
Federal military Government hereby decrees as follows:-
etc. of the chartered Insurance Institute of Nigeria.
(1) There is hereby
established a body to be known as the Chartered Insurance institute of Nigeria
(in this Decree referred to as "the institute") which shall he a body
corporate tinder that name and be charged with the general duty of -
determining what standards of knowledge and skill are to be attained by persons
seeking to become registered members of the insurance profession (in this Decree
referred to as "the profession") and reviewing those standards, from
time to time, as circumstances may permit;
securing, in accordance with the provisions of this Decree, the establishment
and maintenance of a register of fellows, associates, and registered members of
the profession and the publication, from time to time, of the lists of those
performing, through the Council established under section 3 of this Decree, the
functions conferred on it by this Decree.
The Institute shall have perpetual succession and a common seal which shall be
kept in such custody as the Council may, from time to time, authorise.
(1) Subject to the provisions of
this Decree, persons admitted to membership of the Institute shall be enrolled
as insurance practitioners in the category of-
ordinary members; and
have status in the Institute accordingly.
Persons registered tinder this Decree as insurance practitioners shall be
entitled to be enrolled-
as fellows, if they satisfy the Council that for the period of ten years
immediately preceding the date of application in that behalf they have been fit
persons and in addition to being successful at a qualifying examination
prescribed by the Institute or being the holders of approved academic or
professional qualifications, have been in continuous active employment as
as associates, if they satisfy the Council that for the period of five years
immediately preceding the date of application in that behalf they have been fit
persons and, in addition to being successful at a qualifying examination
prescribed by the Institute have been the holders of approved academic or
professional qualifications and have been in continuous active employment as
insurance practitioners; and
as ordinary members, if they are employed on a full-time basis in an insurance
The Institute may register a member as an honorary fellow, an honorary associate
or an honorary fellow after an election by the Council on the recommendation of
the board of fellows or as an honorary associate after an election by the
Council on the recommendation of the membership committee.
All Nigerian based fellows and associates of the Chartered Insurance Institute
of London, before the commencement of this Decree shall be required to apply for
registration under this Decree.
No person shall be entitled to be employed as an insurance consultant or senior
officer in the technical department of an insurance company, broking or loss
adjusting firm unless he is duly registered as a member cit the Institute.
Fellows and associates of the Institute shall be entitled to use after their
names the words "Fellow of the Chartered Insurance Institute of
Nigeria" and "Associate of the Chartered Insurance Institute of
Nigeria" respectively or the initials "FIIN" or "AIIN".
shall be, as the governing body of the Institute, a Council which shall be
charged with the administration and general management of the Institute.
The council shall consist of -
the President of the Institute who shall be the Chairman;
the Deputy President of the Institute who shall be the Vice-Chairman;
the Commissioner for Insurance;
two persons to be nominated by the Nigerian Insurers Association;
one person to be nominated by the Nigerian Corporation of Insurance Brokers;
One person to be nominated by the Institute of Loss Adjusters of Nigeria;
all past Presidents of the Institute; and
twelve other persons elected by the Institute at its annual general meeting.
President or Deputy President of the Institute shall each hold office for a term
of one year from the date of his election, and shall be eligible for re-election
for further term of one year and no more.
The President shall be the Chairman at all meetings of the Institute, so however
that in the event of the death, incapacity or inability for any reason of the
President, the Deputy President, shall act as President for the unexpired
portion of the term of office as President, as the case may be, and references
in this Decree to the President shall be construed accordingly.
If the President or the Deputy President ceases to be a member of the Institute,
he shall cease to hold any of the offices designated under this section.
The provisions of Schedule I to this Decree shall have effect with respect to
the qualifications and tenure of office of members of the Council and the other
matters therein mentioned.
The Council shall have power to do anything which in its opinion is calculated
to facilitate the carrying on of the activities of the Institute.
There shall be established for the Institute, a fund which shall be managed and
controlled by the Council.
There shall be paid into the fund established pursuant to
subsection (1) of this section -
all fees and other moneys payable to the Institute in pursuance of this Decree;
such moneys as may be payable to the Institute, whether in the course of
the discharge of its functions or not.
There shall be paid out of the fund of the Institute -
the remuneration and allowances of the Registrar and the other employees of the
such reasonable travelling and subsistence allowances of members of the Council
in respect of the time spent on the business of the Institute as the Council may
any other expenses incurred by the Council in the discharge of its functions
under this Decree.
The Council may invest moneys from 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 Council.
The Council may, from time to time, borrow money for the purposes of the
Institute and any interest payable on moneys so borrowed shall be paid out of
The Council shall keep proper accounts on behalf of the Institute in respect of
each year and proper records in relation to those accounts and the Council shall
cause the accounts to be audited, within six months after the end of the year to
which the accounts relate by auditors appointed from the list and in accordance
with the guidelines supplied by the Auditor-General of the Federation; and the
accounts shall be submitted to the members of the Institute for approval by them
at the Annual General meeting of the Institute.
Registrar and the Register
(1) The Council shall appoint a
fit and proper person to he the Registrar for the purposes of this Decree.
The Registrar shall, in addition to his other functions under this
Decree, be the Secretary to the Council and shall on the instructions of the
President of the Institute or any committee of the Council convene and keep
minutes of the proceedings at all meetings of the Council and committees thereof
as the case may he.
The Council may appoint such other persons to be employees of the Institute as
the Council may determine to assist the Registrar in the exercise of his
functions under this Decree
It shall be the duty of the Registrar to prepare and maintain, in accordance
with rules made by the Council, a register of the names, addresses, approved
qualifications, and of such other qualifications and particulars, as may be
specified in the rules, of all persons who are entitled in accordance with the
provisions of this Decree, to be enrolled as fellows including honorary fellows,
associates including honorary associates, and other members who, in the manner
prescribed by such rules, apply to be so registered.
The register shall consist of three parts of which -
the first part shall be In respect of fellows including honorary fellows;
the second part shall be in respect of associates including honorary associates;
the third part shall be in respect of others.
Subject to the following provisions of this section, the Council shall make
rules with respect to the form and the keeping of the registers and the
making of entries therein, and in particular -
regulating the making of applications for enrollment or registration, as the
case may be and providing for the evidence to be produced in support of
providing for the notification to the Registrar, by the person to whom any
registered particulars relate, of any change in those particulars;
authorising an enrolled or a registered person to have any qualification which
is in relation to the relevant division of the profession, either an approved
qualification or an accepted qualification for the purposes of this
Decree, registered in relation to his name in addition to or, as he may elect,
in substitution for any other qualification so registered;
specifying the fees, including any annual subscription, to be paid to the
Institute in respect of the entry of names on the register, and authorizing the
Registrar to refuse to enter a name on the register until any fee specified for
the entry has been paid; and
specifying anything failing to be specified under the foregoing provisions of
Rules made for the purposes of paragraph (d) of subsection (6) of this section
shall not come into force until approved at the next annual general meeting of
It shall he the duty of the Registrar-
to correct, in accordance with the Council's directions, any entry in the
register which the Council directs him to correct as being in the Council's
opinion an entry which was incorrectly made;
to make, from time to time, any necessary alterations to the registered
particulars of registered persons;
to remove from the register, the name of any enrolled or registered person who
to record the name of any member of the Institute who is in default for more
than six months in the payment of his annual subscription, and to take such
action in relation thereto (including removal of the names of a defaulter from
the register) as the Council under this Decree may direct or require.
If the Registrar-
sends by post to any registered or enrolled person, a registered letter
addressed to that person at his address on the register enquiring whether the
registered or enrolled particulars relating to him are correct and receives no
reply to the letter within the period of six months from the date of posting it;
upon the expiration of that period, sends in the like manner to the person in
question, a second similar letter and receives no reply to that letter within
three months from the date of posting it,
Registrar may remove the particulars relating to the person in question from the
register: provided that the Council may direct the Registrar to restore to the
appropriate part of the register any particulars removed therefrom under this
it shall be the duty of the Registrar -
to cause the register to be printed, published and put on sale to the members of
the public not later than two years from the commencement of this Decree;
thereafter in each year, to cause to be printed, published and put on sale to
the members of the public as aforesaid, either a corrected edition of the
register or a list of corrections made to the register, since it was last
to cause a print of each edition of the register and of each list of corrections
to be deposited at the principal offices of the Institute; and
to keep the register and the lists No deposited to be made available to members
of the public at all reasonable times for inspection.
A document, purporting to be a print of an edition of the register published
under this section by authority of the Registrar, or documents purporting to be
prints of an edition of the register so published and of a list of corrections
to that edition so published, shall (without prejudice to any other mode of
proof) be admissible in any proceedings as evidence that any person specified in
the document, or the documents read together, as being registered, was so
registered at the date of the edition or of the list of corrections, as the case
may be, and that any person not so specified was not so enrolled or registered.
where in accordance with subsection (2) of this section, a person is, in any
proceedings, shown to have been or not to have been registered or enrolled at a
particular date, he shall, unless the contrary is proved be taken for
purposes of those proceedings as having at all material times thereafter
continued not to be so enrolled or registered.
Subject to the provisions of this Decree, a person shall be entitled to be
registered as an insurance practitioner. if -
he passes the qualifying examination accepted by the Institute tinder this
Decree and completes the practical training prescribed; or,
he holds a qualification granted outside Nigeria and for the time being accepted
by the institute and is by law entitled to practise for all purposes as a
professional insurer in the country in which the qualification was granted and,
if the Council so requires, he satisfies the Council that he has had sufficient
experience as an insurance practitioner.
A person shall be entitled to be registered as a member of the insurance
profession it -
he is of good character and high integrity;
he had attained the age of twenty-one years; and
he has not been convicted in Nigeria or in any other country of an offence
involving fraud, dishonesty or gross misconduct.
The Council may, in its absolute 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.
Any entry directed to be made in the register under subsection (2) of this
section, shall show that the registration is provisional and no entry so made
shall be converted to full registration without the consent of the Council,
signified in writing in that behalf.
The Council shall from time to time publish in the Gazette particulars of
the qualifications for the time being accepted for registration.
The Council may approve any qualification for the purposes of this Decree
and may for the purposes approve -
any course of training at any approved institution which is intended for persons
seeking to become or are already insurance practitioners and which the Council
considers is designed to confer on persons completing it, sufficient knowledge
and skill for the practice of the profession;
any qualification which, as a result of an 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 the candidates have sufficient knowledge and skill to practice
as insurance practitioners.
The Council may, if it thinks fit, withdraw any approval given under this
section in respect of any course, qualification or institution; but before
withdrawing such an approval the Council shall-
give notice that it purposes to do so to each person in Nigeria appearing to the
Council to he a person by whom the course is conducted or the qualification is
granted or the institution is controlled, as the case may be;
afford such person an opportunity of making to the Council representations with
regard to the proposal; and
take into consideration any representation made as respects the proposal in
pursuance of paragraph (b) of this subsection.
A course, qualification or institution shall not be treated as approved during
any period the approval is withdrawn under subsection (2) of this section.
Notwithstanding the provisions of subsection (3) of this section, the withdrawal
of an approval under subsection (2) of this section, shall not prejudice the
registration or eligibility for registration of any person who by virtue of the
approval was registered or was eligible for registration (either unconditionally
or subject to his obtaining a certificate of experience) immediately before the
approval was withdrawn.
The giving or withdrawal of an approval under this section, shall have effect
from such date, either 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-
as soon as may be, publish a copy of every such instrument in the Gazette; and
not later than seven days before its publication as aforesaid, send a copy of
the instrument to the Secretary.
It shall be the duty of the members of the Council to keep themselves
informed of the nature of -
the instruction given at approved institutions to persons attending approved
courses of training; and
the examinations as a result of which approved qualifications are granted,
for the purposes of performing that duty, the Council may appoint, a committee
either from among its own members or otherwise, to visit approved institutions
to attend such examinations.
It shall be the duty of a committee appointed under subsection (1) of this
section to report to the Council on-
the sufficiency of the instructions given to persons attending approved courses
of training at institutions visited by it;
the sufficiency of the examinations attended by it; and
any other matters relating to the institutions or examinations which the Council
may, either generally or in a particular case, request it to report,
no committee member shall interfere with the giving of any instruction or the
holding of any examination.
On receiving a report made in pursuance of this section, the Council may, if it
thinks fit and shall, if so rct1uired by the Institute, send a copy of the
report to the person appearing to the Council to be 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, not being less than one month beginning with
the date of the request.
There shall be a committee to be known as the Chartered insurance
Institute Disciplinary Committee (in this Decree referred to as the "the
disciplinary committee") which shall be charged with the duty of
considering and determining any case referred to it by the investigating panel
established by the following provisions of this section and any other case of
which the disciplinary committee has cognisance under the following provisions
of this Decree.
The disciplinary committee shall consist of the Chairman and six other members
of the Council appointed by the Council.
There shall be a body to be known as the Chartered Insurance Institute
Investigating Panel (in this Decree referred to as "the investigating
panel") which shall be charged with the duty of-
conducting a preliminary investigation into any case where it is alleged that a
member has misbehaved in his capacity as an insurer or should for any other
reason be the subject of proceedings before the disciplinary committee; and
deciding whether the case should be referred to the disciplinary committee.
The investigating panel shall he appointed by the Council and shall consist of
four members of the Council and one insurance practitioner who is not a member
of the Council.
The provisions of Schedule 2 to this Decree shall, Sc) far as they are
applicable to the disciplinary committee and the investigating panel
respectively all have effect with respect of those bodies.
The Council may make roles not inconsistent with this Decree as to acts which
constitute professional misconduct.
a person enrolled or registered under this Decree is adjudged by the
disciplinary committee to be guilty of infamous conduct in any professional
a person enrolled or registered tinder this Decree is convicted, by any court or
committee in Nigeria or elsewhere having power to impose imprisonment, of an
offence (whether or not punishable with imprisonment) which in the opinion of
the disciplinary committee is incompatible with the status of an insurance
the disciplinary committee is satisfied that the name of any person has been
fraudulently enrolled or registered,
disciplinary committee may, if it thinks fit, 'give a direction reprimanding
that person or ordering the Registrar to strike his name off the relevant part
of the register.
disciplinary committee may, if it thinks fit, defer or further defer its
decision as to the giving of a direction under subsection (1) of this section
until a subsequent meeting of the disciplinary committee; but -
no decision shall be deferred under this section for periods exceeding one year
in the aggregate; and
no person shall be a member of the disciplinary committee for the purposes of
reaching a decision which has been deferred or further deferred, unless he was
present as a member of the disciplinary committee when the decision was
For the purposes of subsection (1) (b) of this section, a person shall not be
treated as convicted as therein mentioned, 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.
When the disciplinary committee gives a direction under subsection (1) of this
section, the disciplinary committee shall cause notice of the direction to he
served on the person to whom it relates.
The person to whom a direction given under subsection (1) of this section
relates may, at any time within twenty-eight days from the date of service on
him of notice of the direction, appeal against the direction to the Federal High
Court and the disciplinary committee may appear as respondent to the appeal and,
for the purpose of enabling directions to be given as to the costs of the appeal
and of proceedings before the Federal High Court, the disciplinary committee
shall be deemed to be a party thereto whether or not it appears on the hearing
of the appeal.
A direction of the disciplinary committee tinder subsection (1) of this section
shall take effect where -
no appeal under this section is brought against the direction within the time
limited for such an appeal, or on the expiration of that time; or
such an appeal is brought and is withdrawn or struck out for want of
prosecution, or the withdrawal or striking out of the appeal;
any such appeal is brought and is not withdrawn or struck out as
aforesaid, if and when the appeal is dismissed.
A person whose name is struck off the register in pursuance of a direction of
the disciplinary committee tinder this section, shall not be entitled to be
enrolled or registered again except in pursuance of a direction in that behalf;
given by the disciplinary committee on the application of that person.
A direction tinder this section for the striking off of a person’s name from
the register may prohibit an application under this subsection by that person
until the expiration of such period from the date of the direction (and where he
has duly made such an application, from the date of his last application) as may
be specified in the direction.
Any person who is not a member of the Insurance Institute of Nigeria (in this
Decree referred to as "the former Institute") who, but for this
Decree, would have been qualified to apply for and obtain membership of the
former Institute may, within the period of three months from the commencement of
this Decree apply for membership of the Institute in such manner as tray be
prescribed by rules made by the Council,
Where an application under subsection (1) of this section is approved by the
Council the applicant shall he enrolled or registered, as the case may be,
according to his qualification.
Subject to subsection (2) of this section, a person shall be deemed to be an
insurance practitioner if, in consideration of remuneration received or to be
received, or whether by himself or in partnership with any other person he -
engages himself in the practice of the profession or holds himself out to the
public as an insurance practitioner; or
renders professional service or assistance in or about matter of principle or
detail relating to insurance procedure; or
renders any other service which may by regulations made by the Council, with the
approval of the Secretary, be designated as service constituting insurance
Nothing in this section shall be construed so as to apply to persons who, while
in the employment of any government, are required, under the terms or in the
course of such employment, to perform the duties or any of the duties of an
The Council may make rules for -
the training in insurance, of suitable persons in insurance methods and
for the supervision, regulation, engagement, training and transfer of
The Council may also make rules -
prescribing the amount and due date for payment of the annual subscription and
for such purpose different amounts may be prescribed by the rules according to
whether the person is enrolled as a fellow including honorary fellow, associate
including honorary associate, a student or an ordinary member;
prescribing the form of licence to practise to be issued annually or if the
Council thinks fit, by endorsement on an existing licence; and
restricting the right to practise insurance in default of payment of the amount
of the annual subscription where the default continues for longer than
such period as may be prescribed by the rules.
Rules when made under this section shall, if the Chairman of the Council so
directs, be published in the Gazette.
The Institute shall -
provide and maintain a library comprising books and publications for the
advancement of knowledge of insurance and such other books and publications as
the Council may think necessary for that purpose; and
encourage research into insurance methods and allied subjects to the extent that
the Council may, from time to time, consider necessary
If any person, for the purpose of procuring the
registration of any name, qualification or other matter -
makes a statement which he believes to be false in a material particular; or
recklessly makes a statement which is false in a material particular,
shall be guilty of an offence.
If, on or after the relevant date, any person who is not a member of the
Institute practises or holds himself out as insurance practitioner for or in
expectation of a reward or takes or uses any name, title, addition or
description implying that he is an insurance practitioner, he shall be guilty of
that, in the ease of a person falling within section 16 of this Decree-
this subsection shall not apply in respect of anything done by him during the
period of three months mentioned in that section; and
if within that period he duly applies for membership of the Institute
then, unless within that period he is notified that his application has nut been
approved, this subsection shall not apply in respect of anything done by him
between the end of that period and the date on which he is enrolled or
registered or is notified as aforesaid.
If the Registrar or any other person employed by or on behalf of the Institute
wilfully makes any falsification in any matter relating to the register, he
shall be guilty of an offence.
A person guilty of an offence tinder this section shall be liable-
on summary conviction, to a fine of an amount not exceeding N1,000; or
on conviction or indictment, to a fine of an amount not exceeding N1,000
or to imprisonment for a term not exceeding two years, or to both such fine and
Where an offence under this section which has been committed by a body corporate
is proved to have been committed with the consent or connivance of or to be
attributable to any neglect on the part of any director, manager, secretary or
other similar officer of the body corporate or any person purporting to act in
any such capacity, he, as well as the body corporate, shall be deemed to be
guilty of that offence and shall be liable to he proceeded against and punished
In this section, "the relevant date" means the third anniversary of
the coming into force of this Decree.
Any regulation made under this Decree shall be published in the Gazette as
soon as may be, after they are made and a copy of any such regulations shall be
sent to the Secretary not later than seven days before they are so published.
Rules made for the purposes of this Decree, shall be subject to confirmation by
the Institute at its general meeting or at any special meeting of the Institute
convened for that purpose, and if then annulled, shall cease to have effect on
the day after the date of annulment, not without prejudice to anything done in
pursuance or intended pursuance of any such rules.
In this Decree, unless the context otherwise requires -
means the Council established as the governing body of the Institute tinder
section 3 of this Decree;
committee" means the Chartered Insurance Institute Disciplinary Committee
established tinder section 14 of this Decree:
includes annual subscription;
Institute" means the Insurance Institute of Nigeria;
means the Chartered Insurance Institute of Nigeria established under section 1
of this Decree;
establishment" includes a registered insurance company, insurance broking
firm and lost adjusting firm;
practitioner" means any person who is registered or entitled to be
registered under this Decree in any of the categories of membership;
panel" means the Chartered Insurance Institute Investigating Panel
established under section 14(3) of this Decree;
of the Institute" means an enrolled fellow, associate or an insurance
practitioner registered by the Institute and "membership of the
institute" shall he construed accordingly;
and "Deputy President" means respectively the office holders under
those names in the Institute;
means the profession of insurance;
means the register maintained in pursuance of section 8 of this Decree.
means the Secretary charged with the responsibility for matters relating to
This Decree may be cited as the Chartered Insurance Institute of Nigeria Decree
1 Section 4 (3)
Provisions Relating to the Council
and tenure of office of Members of the Council
Subject to the provisions of this paragraph, a member of the Council shall hold
office for a period of three years beginning from the date of his appointment or
A member of the Institute who ceases to be a member thereof shall, if he is also
a member of the Council, cease to hold office on the Council.
A member of the Council may, by notice in writing under his hand addressed to
the President, resign his office;
A person who retires or otherwise ceases to be an elected member of the Council
shall be eligible to become a member of the Council, and any appointed member
may be re-appointed.
Members of the Council shall at its next meeting before the general meeting of
the Institute arrange for four members of the Council who are longest in office
and elected under section 3(2)(h) of this Decree to retire at that general
Elections to the Council shall be held in such manner as may be prescribed by
rules made by the Council and until so prescribed they shall be decided by
Where a member of the Council ceases to hold office before the date when his
term of office would have expired by the effluxion of time, the body or person
by whom he was appointed or elected shall as soon as may be, appoint or, as the
case may be, elect a person to fill the vacancy for the residue of the term
aforesaid, so however that the foregoing provisions of this sub paragraph shall
not apply where a person holding office as a member of the Council ceases to
hold office at a time when the residue of his term does not exceed one year.
If an elected member of the Council ceases to hold office before the date when
his term of office would have expired, the Council may, if the time between the
unexpired portion of the term of office and the next general meeting of the
Institute appears to warrant the filling of the vacancy, co-opt some other fit
person for the residue of the time as aforesaid.
A person shall be eligible for election as President or Deputy President, if he
satisfies the following conditions, that is -
he is a chief executive or a senior member of the management of an insurance
he is an insurance practitioner;
he is a member or has served on the Governing Council of the Nigerian Insurers
Association, Nigerian Corporation of Insurance Brokers, or the Institute of Loss
Adjusters of Nigeria continuously for a period of not less than seven years; and
he shall be or has served as a member of the Council of the Institute for at
least three years preceding his election as President or Deputy President.
of the Council
Subject to the provisions of this Decree, the Council may in the name of the
institute make standing orders regulating the proceedings of the Institute or of
the Council and in the exercise of its powers under this Decree, may set up
committees in the general interest of the Institute and make standing orders
Standing orders shall provide for decisions to be taken, by a majority of the
members and, in the event of equality of votes, the President or the Chairman,
as the case may be, shall have a second of casting vote.
Standing orders made for a committee shall provide for the committee to report
to the Council on any matter referred to it by the Council.
The quorum of the Council shall be seven and the quorum of a committee of
the Council shall be determined by the Council.
of the Institution
(1) The Council shall convene the meeting of
the Institute on 30th April every year or on such other day as the Council may,
from time to time; appoint, so however, that if the meeting is not held within
one year after the previous meeting, not more than fifteen months shall elapse
between the respective dates of the two meetings.
A special meeting of the Institute may be convened by the Council at any time,
and if not less than twenty members of the Institute so require, by notice in
writing addressed to the Chairman of the Council setting out the object of the
proposed meeting and the Chairman of the Council shall convene a special meeting
of the Institute.
The quorum of any meeting of the Institute shall be ten members, and that of any
special meeting of the Institute shall be fifteen members.
of the Council
(1) Subject to the
provisions of any standing orders of the Council, the Council shall meet
whenever it is summoned by the Chairman and if the Chairman is required, to do
so, by notice in writing given to him by not less than five other members he
shall summon a meeting (if the Council to he held within fourteen days from the
date on which the notice is given.
At any meeting of the Council, the Chairman or in his absence, the members
present at the meeting shall appoint one of their number to preside at the
Where the Council desires to obtain the advice of any person on a particular
matter, the Council may co-opt him as a member for such period as the Council
thinks fit; but a person who is a member by virtue of this sub-paragraph shall
not be entitled to vote at any meeting of the Council and shall not count
towards a quorum.
Notwithstanding anything in the foregoing provisions of this paragraph, the
first meeting of the Council shall be summoned by the President of the
Council may appoint one or more committees to carry out on behalf of the
Institute or the Council such functions as the Council may determine.
A committee appointed under this paragraph shall consist of the number of
persons determined by the Council, of whom not more than one-third may be
persons who are not members of the Council, and a person other than a member of
the Council shall hold office on the Committee in accordance with the terms of
the letter by which he is appointed.
A decision of a committee of the Council shall be of no effect until it is
confirmed by the Council.
The fixing of the seal of the Institute shall be authenticated by the signature
of the Chairman or of some other member of the Council authorised generally or
specially by the Institute to act for that purpose.
Any contract or instalment which, if made or executed by a person not being a
body corporate, would not be required to be tinder seal, may be made or executed
on behalf of the Institute or of the Council, as the case may require, by any
person generally or specially authorised to act for that purpose by the Council.
Any document purporting to be a document duly executed under the seal of the
Institute shall be received in evidence and shall, unless the contrary is
proved, be deemed to be so executed.
The validity of any proceedings of the Institute of the Council or of a
committee of the Council shall not be adversely effected by any vacancy in the
membership of by any defect in the appointment of a member of the Institute or
of the Council or of a person serving on the committee or by reason that a
person not entitled to do so took part in the proceedings.
Any member of the Institute or of the Council and any person holding office on a
committee of the Council, who has a personal interest in any contract or
arrangement entered into or proposed to be considered by the Council on behalf
of the Institute or on behalf of the Council or a committee thereof, shall
forthwith disclose his interest to the President or to the Council, as the case
may be, and shall not vote on any question relating to the contract or
A person shall not by any reason only of his membership of the Institute be
treated as holding an office in the public service of the Federation.
2 Section 14(5)
Provisions Relating to the Disciplinary Committee and Investigating Panel
The quorum of the disciplinary committee shall be four members.
(1) The Attorney-General of the
Federation shall make rules as to the selection of members of the disciplinary
committee for the purposes of any proceeding, the procedure to be followed and
the rules of evidence to be observed in proceedings before the disciplinary
The rules shall in particular provide -
for securing that notice of the proceedings shall be given at such time and in
such manner, as may be specified by the rules, to the person who is the subject
of the proceedings;
for determining who, in addition to the person aforesaid, shall he a party to
for securing that any party to the proceedings shall, if he so requires, be
entitled to be heard by the disciplinary committee;
for securing that any party to the proceedings may be represented by a legal
subject to the provisions of section 14(5) of this Decree, as to the costs of
proceedings before the disciplinary committee;
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 disciplinary committee 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;
for publishing in the Gazette notice of any direction of the disciplinary
committee which has taken effect providing that a person's name shall he struck
off a register.
For the purposes of any proceeding before the disciplinary committee any member
of the disciplinary committee may administer oaths and any pa fly to the
proceedings may sue out of the registry of the High Court writs of subpoena
ad tesificandum and duces tecum; but no person appearing before the
disciplinary committee shall be compelled-
to make any statement before the disciplinary committee tending to incriminate
to produce any document under such a writ which he could not be compelled to
produce at the trial of an action.
(1) For the purpose of advising the
disciplinary committee on questions of law arising in the proceedings before it,
there ~hall in all such proceedings be an assessor to the disciplinary committee
who shall be appointed by the Council on the nomination of the Attorney-General
of the Federation and shall be a legal practitioner of not less than seven years
The Attorney-General of the Federation shall make rules as to the functions of
assessors appointed under this paragraph and in particular such rules shall
contain provisions for security that-
where an assessor advises the disciplinary committee on any question of law as
to evidence, procedure or any other matters specified by the rules, he shall do
so in the presence of a party to the proceedings who appear thereat or, if the
advice is tendered while the disciplinary committee is deliberating in private,
that every such party or person as aforesaid shall be informed what advice the
assessor has tendered;
every such party or person as aforesaid shall be informed if in any case the
disciplinary committee does not accept the advice of the assessor on such a
question as aforesaid.
An assessor may be appointed under this paragraph either generally or for any
particular proceedings or class of proceedings and shall hold and vacate office
in accordance with the terms of the letter by which he is appointed
The quorum of the investigating panel shall be three.
The investigating panel may, at any of its meeting attended by all the members
of the investigating panel, make standing orders with respect to the
Subject to the provisions of any such standing orders, the investigating panel
may regulate its own procedure.
(1) A person ceasing to be a
member of the disciplinary committee or the investigating panel shall be
eligible for appointment as a member of the disciplinary Committee or
investigating panel, as the case may be.
A person may, if otherwise eligible, be a member of both the disciplinary
committee and the investigating panel; hut no person who acted as a member of
the investigating panel with respect to any case shall act as a member of the
disciplinary Committee with respect to that case.
The disciplinary committee or the investigating 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 (2) 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.
Any document authorised or required by virtue of this Decree to he
served on the disciplinary committee or the investigating panel shall be served
on the Registrar.
Any expenses of the disciplinary committee or the investigating panel shall be
defrayed by the institute.
at Abuja this 26th day of February 1993.
Commander-in-Chief of the Armed Forces
Republic of Nigeria