SUPPLEMENTARY PROVISIONS RELATING TO PROCEEDINGS OF THE COUNCIL (NDPA)

Council to Regulate Proceedings

1. Subject to the provisions of this Act, the Council may make standing orders regulating the proceedings of the Council and set up any committee and the Council shall meet once in a quarter of a year.

Presiding Officer

2. Every meeting of the Council shall be presided over by the Chairman, and where the Chairman is absent, the members present at the meeting shall elect one of their members to preside at the meeting.

Quorum

3. The quorum at a meeting of the Council shall be the Chairman, or in an appropriate case, the person presiding at the meeting under paragraph 2 of this Schedule, and four other members.

4. The quorum of any committee of Council shall be determined by the Council.

Voting

5. At a meeting of the Council, each member present shall be entitled to one vote and any question on which a vote is required shall be determined by a majority of votes of members present and voting but, in the case of an equal division of votes, the Chairman or the member presiding over the meeting shall have a casting vote.

6. Where the Council seeks the advice of any person on a particular nature, the Council may invite that person to attend for such period as it deems fit, but the person, who is invited shall not be entitled to vote at any meeting of the Council and shall not count towards the quorum.

Teleconference meeting

7. In addition to meeting with all participants physically present, the Council may hold or continue a meeting by the use of any means of communication by which all the participants can hear and be heard at the same time and such a meeting is referred to in this item as a “teleconference meeting”.

8. A member of the Council, who participates in a teleconference meeting shall be taken for
   all purposes to have been present at the meeting.
9. The Council may establish procedure for teleconference meetings (including recording the
   minutes of such meetings) in its minutes book.

Committees of the Council

10. Subject to standing orders made by the Council under this Act, the Council may appoint such number of standing and ad-hoc committees, as it deems fit to consider and report on any matter with which the Council is concerned.

11. Every committee appointed under the provisions of paragraph 10 shall be presided over by a member of the Council, and shall be made up of such number of persons, as the Council may determine in each case.

12. The decision of a committee shall have no effect until it is approved or ratified by the Council.

Seal of the Commission

13. The affixing of the seal of the Commission shall be done and authenticated by the signature of the National Commissioner or such other member authorised by the Council to act for that purpose.

14. A contract or instrument which, if made by a person not being a body corporate, shall not be required to be under seal, may be made or executed by the National Commissioner or by any other officer or staff specifically authorised by the National Commissioner to act for that purpose.

15. A document purporting to be a contract, an instrument, or other document signed or sealed on behalf of the Commission shall be received in evidence and shall, unless the contrary is proved, be presumed, without further proof, to have been so signed and sealed.

Miscellaneous

16. The validity of a proceeding of the Council or its committee is not adversely affected by

(a) any vacancy in the membership of the Council;

(b) any defect in the appointment of a member of the Council, staff, or committee; or

(c) reason that a person not entitled to do so took part in the proceeding.

17. A member of the Council or any of its committees, who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Commission shall —

(a) disclose to the members of the Council the nature of the interest, in advance of any consideration of the matter;

(b) not influence or seek to influence a decision to be made in relation to the matter:

(c) take no part in any consideration of the matter; and

(d) be absent from the meeting or that part of the meeting during which the matter is discussed.

18. If a member of the Council discloses an interest under paragraph 17, the disclosure shall be recorded in the minutes of the meeting of the Council. 

THE NIGERIA DATA PROTECTION ACT, 2023

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