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Ferma Act

The document establishes the Federal Roads Maintenance Agency and outlines its functions and governance structure. The Agency is established to efficiently maintain all existing federal trunk roads. A governing board is established to oversee the affairs of the agency, and the board is given powers to set policies, manage the agency, and make rules. The agency is given powers to enter road concession contracts, set safety standards, manage traffic flow, and make policy recommendations regarding federal road maintenance.
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0% found this document useful (0 votes)
89 views21 pages

Ferma Act

The document establishes the Federal Roads Maintenance Agency and outlines its functions and governance structure. The Agency is established to efficiently maintain all existing federal trunk roads. A governing board is established to oversee the affairs of the agency, and the board is given powers to set policies, manage the agency, and make rules. The agency is given powers to enter road concession contracts, set safety standards, manage traffic flow, and make policy recommendations regarding federal road maintenance.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

FEDERAL ROADS MAINTENANCE AGENCY

(Establishment, etc.) Act, 2002

AND

FEDERAL ROADS MAINTENANCE AGENCY


(Amendment) Act, 2007

LAWS OF THE FEDERATION


OF NIGERIA

THE FEDERAL REPUBLIC OF NIGERIA


LAWS OF THE FEDERATION OF NIGERIA

FEDERAL ROADS MAINTENANCE AGENCY


(ESTABLISHMENT, ETC.) ACT, 2002
FEDERAL ROADS MAINTENANCE AGENCY
(ESTABLISHMENT, ETC.,) ACT, 2002

ARRANGEMENT OF SECTIONS

Section:

1. Establishment of the Agency and location of its Headquarters and Operational Offices.
2. Establishment of Governing Board.
3. Power of the Board.
4. Tenure of office, etc.
5. Removal from Office, etc.
6. Emoluments, etc.
7. Functions of the Agency.
8. Powers of the Agency.
9. Appointment and Duties, etc. of the Managing Director.
10. Appointment and Duties of the Secretary.
11. Other Employees of the Agency.
12. Appointment and Secondment from Public Service.
13. Pensions Act Cap. 346 Laws of the Federation of Nigeria.
14. Funds of the Agency.
15. Application of the Agency’s Funds.
16. Annual Estimates and Accounts.
17. Audit.
18. Annual Reports
19. Power to Accept Gifts, etc.
20. Power to Borrow.
21. Investment Cap. 449 Laws of the Federation of Nigeria.
22. No exemption from Payment of Income Tax.
23. Power to acquire and Cap. 202 Laws of the Federation of Nigeria.
24. Limitation of suits against the Agency, etc. Cap. 379 Laws of the Federation of Nigeria.
25. Service of documents.
26. Indemnity of officers.
27. Secrecy.
28. Establishment of Road Camps.
29. Savings and transitional provisions.
30. Regulations
31. Interpretation.
32. Citation
SCHEDULE
FEDERAL ROADS MAINTENANCE AGENCY A 147

(ESTABLISHMENT, ETC.,) ACT, 2002

2002 ACT No.7

AN ACT TO ESTABLISH THE FEDERAL ROADS MAINTENANCE AGENCY AND FOR MATTERS CONNECTED
THEREWITH

[30th November. 2002] Commence


ment

ENACTED by the National Assembly of the Federal Republic of Nigeria …

1. – (1) There is established an agency to be known as the Federal Roads Maintenance Agency (in this
Act referred to as “the Agency”) Establishment
(2) The Agency of the Agency
(a) Shall be a body corporate with perpetual succession and a common seal; and location
and of its
(b) may sue and be sued in its corporate name. Headquarters
(3) The Agency Headquarters shall be located in the Federal Capital Territory, Abuja. and
(4) The Agency shall maintain Operational Offices in each State of the Federation, which shall operational
establish road camps for proper monitoring and maintenance of all Federal roads. offices.
2.-(1) There shall be established for the Agency a Governing Board which shall be responsible for the
running of the affairs of the Agency (herein after referred to as “the Board”). Establishment
of Governing
(2) The Board shall consist of Board.
(a) a Chairman;
(b) a representative of the Federal Ministry of Works and Housing;
(c )a representative of the Federal Ministry of Finance;
(d) a representative of the Federal Ministry of Transport;
(e) a Civil Engineer of at least ten (10) years cognate experience and duly registered with COREN;
(f) a representative of the National Road Transport Owners Association;
(g) a representative of the Federal Road Safety Corps;
(h) one member from each of the six geo-political zones; and
(i ) the Managing Director of the Agency.
(3) Members of the Board shall be appointed by the President on the recommendation of the Minister
in charge of Highways and shall be persons of proven integrity and ability.
A 148 2002 No.7 Federal Roads Maintenance Agency (Establishment, etc.)

(4) A minimum of 2 members shall be appointed from each of the 6 geo political zones of the Country.
(5) A minimum of 2 women shall be appointed into the Board.
3.- (1) The Board shall have power to:
Power of (a) provide the general policies and guidelines relating to the programmes of the Agency;
the Board. (b) manage and superintend the affairs of the Agency;
(c) subject to the provisions of this Act, make, alter and revoke rules and regulations for carrying on the
functions of the Agency.
(d) fix terms and conditions of service, including remuneration of the employees of the Agency; and
(e) do such other things which in the opinion of the Board are necessary to ensure the efficient
performance of the functions of the Agency.
(2) The Supplementary provisions set out in the schedule to this Act shall have effect with respect
Schedule to the proceedings of the Board and the other matters contained therein.
4. The Chairman and other members of the Board, other than the ex-officio members shall hold office
Tenure of (a) for a term of 4 years and may be re-appointed for a further term of 4 years and no more; and
Office, etc. (b) on such terms and conditions as may be specified in their letters of appointments.
5.- (1) Notwithstanding the provisions of section 4 of this Act, a member may at any time be removed
Removal from office by the President of the Federal Republic of Nigeria on the occurrence of any of the following-
from Office (a) he becomes bankrupt;
(b) he is convicted for a felony or any offence involving dishonesty or fraud;
(c) he becomes of unsound mind or is incapable of carrying out his duties; or
(d) he is guilty of a serious misconduct in relation to his duties; or
(e) in the case of a person possessed of professional qualification, he is disqualified or suspended,
other than at his own request from practicing his profession in any part of the world by any order of a
competent authority made in respect of that member.
(2) A member of the Board may resign his appointment by a notice in writing under his hand,
addressed to the President and that member shall, on the date of the receipt of the notice by the
President of the Federal Republic of Nigeria cease to be a member of the Board.
(3) Where a member of the Board ceases to hold office for any reason whatsoever, before the
expiration of the term for which he is appointed, another person representing the same interest as that
member shall be appointed to the Board for the unexpired term.
Federal Roads Maintenance Agency (Establishment, etc.) 2002 No.7 A 149

(4) A member of the Board may be removed by the President if he is satisfied that it is not in the interest of
the Agency or the interest of the public that the member continues in office.
6. Members of the Board shall be paid such allowances as the Government may direct from time to time. Emolument, etc.

PART II FUNCTIONS AND POWERS OF THE AGENCY Functions of the


7. The Agency shall ensure that efficient and effective maintenance of all existing Federal trunk roads or Agency
such other roads as may be declared, from time to time, as Federal trunk roads by the National Assembly.

8. Without prejudice to the generality of the following, the Agency shall- Powers of the
(a) enter into road concession contracts for the purpose of executing relevant projects; Agency
(b) set guidelines for the working of concessions contracts;
(c) plan and manage the development and implementation of the road safety standards;
(d) plan and develop strategies towards ensuring efficient and effective movement of traffic on the
Federal trunk roads and ensure their implementation;
(e) make policy recommendations to the Federal Government on matters relating to the
maintenance of Federal trunk roads; and
(f) carry out such other activities as appear to it necessary or expedient for the full and efficient
discharge of its functions under this Act.

PART III- STAFF OF THE AGENCY


9. (1) There shall be for the Agency, a Managing Director who shall be appointed by the President of Appointment and
the Federal Republic of Nigeria, on the recommendation of the Minister in charge of Highways. duties, etc of the
(2) The Managing Director shall be the Chief Executive and Accounting Officer of the Agency and Managing Director
be responsible for the execution of the policy and the day-to-day administration of the affairs of the
Agency.
(3) The Managing Director shall hold office
(a) for a term of 4 years in the first instance and may be re-appointed for a further term of 4 years
and no more; and
(b) on such terms and conditions as may be specified in the letter of appointment.
(4) The Managing Director may resign his appointment by a notice in writing under his hand,
addressed to the President through the Board.

10. The Board shall appoint for the Agency a Secretary who shall
(a) be a legal practitioner and is so qualified to practice for a period of not less than 10 years; Appointment and
(b) keep the records and conduct the correspondence of the Agency; and Duties of the
(c) perform such other functions as the Board or Managing Director may direct. Secretary
A 150 2002 No.7 Federal Roads Maintenance Agency (Establishment, etc.)

Other employees of the 11. The Board shall appoint, for the Agency, such officers and other
Agency employees as it may, from time to time, deem necessary.

Appointment and 12. (1) Notwithstanding the provisions of section 10 and 11, the Board,
Secondment from shall have power to appoint for the Agency either directly or on
Public Service secondment from any public service in the Federation, such number of
employees as may, in the opinion of the Board be required to assist the
Agency in the discharge of any of its functions under this Act.
(2)The person so seconded under this secondment may elect to be
Pension Act Cap 346, transferred to the service of the Agency, and any previous service he may
LFN 1990 have rendered in the public service shall count as service to the Agency for
the purpose of any pension subsequently payable by the Agency.
13. (1) It is hereby declared that service in the Agency shall be
approved service for the purpose of the Pension Act and, accordingly,
employees of the Agency shall be entitled to pension, gratuities and other
retirement benefits as are prescribed under the Pensions Act.
(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, gratuity or other
Funds of the Agency retirement benefits in respect of that office.
(3) For the purposes of the application of the provisions of the
Pensions Act, any power exercisable by a Minister or other authority of the
Federal Government, other than the power to make regulations under
Section 23 of the Pensions Act, is hereby vested in and shall be exercisable
by the Agency and not by any other person or authority.

PART IV- FINANCIAL PROVISIONS


14. The funds of the Agency shall consist of
Application of the (a) the take-off grant from the Federal Government;
Agency’s fund (b) annual subvention from the Federal Government as provided
for in the Appropriations Act;
(c) loans and grant-in-aid from Federal, Bilateral and Multilaterial
agencies;
(d) rents, fees and other internally generated revenues from
services provided by the Agency;
(e) all monies collected from Toll Gates;
(f) such monies accruing from road concessions; and
(g) all other sums accruing to the agency from time to time.
15. The Agency may, from time to time apply its Funds
(a) to the cost of administration of the Agency;
(b) to the paying of emoluments, allowances and benefits of
members of the Board and for reimbursing members of the Board or any
Committee set up by the Board for such expenses as may be expressly
authorized by the Board;
Federal Roads Maintenance Agency (Establishment, etc.) 2002 N0.7 A 151

(c) to the payment of salaries, fees or other remuneration or allowances, gratuities and
pensions, and other benefits payable to the officers and other employees of the Agency, so
however that no payment of any kind under this paragraph (except such as may be expressly
authorized by the Board) shall be made to any person who is in receipt of emolument from the
Federal or State Government;
(d) for the development and maintenance of any property vested in or owned by the
Agency; and
(e) for and in connection with all or any of its functions under the Act.
16.- (1) The Agency shall, not later than 30th August in each year, submit to the Minister an
estimate of its expenditure and income (including payments to the Agency) for the next Annual Estimates and
succeeding year. Accounts
(2) The Agency shall keep proper accounts in respect of each year and proper records in
relation to those accounts and shall cause its accounts to be audited within three months after
the end of each year by auditors appointed from the list and in accordance with the guidelines,
supplied by the Auditor-General of the Federation.

17.- (1) The Auditor-General of the Federation shall- Audit


(a) inspect and audit the accounts and records of the financial transactions of the
Agency;
(b) inspect records relating to assets of the Agency, and
(c) draw the attention of the Minister to any irregularity, which is disclosed, by the
inspection and audit.
(2) The Auditor-General or an officer authorized by him is entitled at all reasonable time
to a full and free access to all accounts, records, documents and papers of the Agency relating
directly or indirectly to the receipt or payment of money by the Agency or to the acquisition,
receipt, custody or disposal of assets by the Agency.
Annual Reports
18. The Agency shall prepare and submit to the president, through the Minister in charge of
Highways, not later than six months after the end of each financial year, a report of the activities
of the Agency for that year and the Auditor’s report on the accounts.

19. The Agency may accept any gift of land, money or other property on such terms and Power to accept gifts,etc.
conditions, if any, as may be specified by the person or organization making the gift provided
that the Agency shall not accept any if the conditions attached are inconsistent with the
functions of the Agency and the terms of existing laws.
A 152 2002 No.7 Federal Roads Maintenance Agency (Establishment, etc.)

Power to 20. (1) The Agency may, from time to time, borrow such sums as it may require for the performance of its
Borrow functions under this Act.
(2) The Agency shall not, without the approval of the Minister, borrow money which exceeds, at any
time, the amount set by the Minister.
(3) Notwithstanding subsection (1) of this section, where the sum to be borrowed is in foreign
currency, the Agency shall not borrow the sum without the prior approval of the Minister.

21. The Agency may, subject to the provisions of this Act and the conditions of any trust created in respect of
Investment any property, invest all or any of its funds in any security prescribed by the Trustee Investment Act or in such
Cap.4949 LFN other securities as may, from time to time, be approved by the Board.

No exemption 22. The Agency shall not be exempted from the payment of income tax on any income accruing from
from payment investments made by the Board for the Agency or otherwise howsoever.
of income tax.
Power to 23. The Agency may subject to the land Use Act, acquire, any land for discharging its functions.
acquire Land.
Cap. 202 LFN

PART V – MISCELLANEOUS PROVISIONS


Limitation of LEGAL PROCEEDINGS
Suits against 24. Subject to the provisions of the Act, the provisions of the Public Officers Protection Act shall apply in
the Agency, etc. relation to any suit instituted against an officer or employee of the Agency’
Cap. 379 LFN
Indemnity of
25. A notice, summons or other documents required or authorized to be served upon the Agency under the
Officers.
provisions of this Act or any other enactment or law may be served by delivering it to the Managing Director
or by sending it by registered post addressed to the Managing Director at any principal offices of the Agency.

Service of 26. A member of the Board, the Managing Director, any officer or employee of the Agency shall be
Documents indemnified out of assets of the Agency against any liability incurred by him in defending any proceeding,
whether civil or criminal, in which judgement is given in his favour or in which he is acquitted, if any such
proceeding is brought against him in his capacity as a member of the Board, the Managing Director, officer or
other employee of the Agency.

27.-(1) a member of the Board or the Managing Director or any other officer or employee of the Agency shall
Secrecy.
(a) not, for his personal gain, make use of any information which has come to his knowledge in the
exercise of his powers or is obtained by him in the ordinary course of his duty as a member of the Board or
as a Managing Director, officer or employee of the Agency;
Federal Roads Maintenance Agency (Establishment, etc.) 2002 No.7 A 153

(b) treat as confidential any information which has come to his knowledge in the exercise
of his power or is obtained by him in the performance of his duties under this Act;
(c) not disclose any information referred to under paragraph (b) of this subsection,
except where required to do so by a court or in such other circumstances as may be prescribed
by the Board, from time to time.
(2) Any person who contravenes the provisions of subsection (1) of this section commits
an offence and is liable on conviction to a fine of not less than N20, 000 or imprisonment for a
term not exceeding two years or to both such fine and imprisonment.

28. The Agency may establish road camps in each Local Government Area where Federal Road is Establishment of Road
located. Camps.

29.- (1) The statutory functions, rights, interest, obligations and liabilities of the department Savings and Transitional
responsible for the maintenance of Federal Roads before the commencement of this Act under Provisions.
any contract or instrument by virtue of this Act shall be deemed to have been assigned to and
vested in the Agency.
(2) All assets, funds resources and any other moveable or immovable property which
immediately before the commencement of this Act, were vested in the department responsible
for the maintenance of the Federal Roads shall be vested in the Agency.
(3) Any person who immediately before the coming into force of this Act is the holder of
any office in the department responsible for the maintenance of the Federal Roads shall
continue in the office and be deemed to have been appointed to the office by the Agency.

30. The Board may, with the approval of the Minister in charge of Highways make such Regulations
regulations as in its opinion, are necessary or expedient for giving full effect to the provisions of
this Act and for the due administration of its provisions.

31. In this Act except the context otherwise requires: Interpretation


“Agency” means the Federal roads Maintenance Agency established by section 1of this Act;
“Board” means the Governing Board established for the Agency by section2 of this Act;
“Federal Roads” has the meaning given to it by section 28 of the Federal Highway Act Cap. 135;
“Function” includes Power and Duty’;
“Geo-political zones” means the Geo-political units of the Federation;
“member” means a member of the Board and includes the Chairman;
“Minister” means the Federal Minister in charge of Federal Highways;
“Ministry” shall be construed accordingly
“President” means President of the Federal republic of Nigeria;
“Power” includes functions and Duty ; and
“Road Camps” means the outfit and or unit office established by the Agency along
Federal Roads in each Local government Area and include the Federal Roads’ Camps which cater
for clusters of Local Government Areas in High population density urban areas;
A 154 2002 No.7 Federal Roads Maintenance Agency (Establishment, etc.)

Citation 32. This Act may be cited as the Federal Roads Maintenance Agency (Establishment, etc.) Act, 2002.

THE SCHEDULE
SUPPLEMENTARY PROVISIONS RELATING TO THE BOARD
PROCEEDINGS OF THE BOARD
Cap 192 1. Subject to this Act and Section27 of the interpretation Act (which provides for decisions of a statutory body to
LFN be taken by a majority of its members and for the person presiding at any meeting, when vote is ordered to have
a second or casting vote), the Board may make standing orders regulating its proceedings or that of its
Committees.
2. At every meeting of the Board the Chairman shall preside and in his absence the members present at the
meeting shall appoint one of their members to preside.
3. The quorum at the meeting of the Board shall consist of the Chairman or, in an appropriate case, the person
presiding at the meeting pursuant to paragraph 2 of this Schedule, and five other members.
4. The Board shall for the purposes of this Act, meet not less than three times in each year and subject, thereto,
the Board shall meet whenever it is summoned by the Chairman, and if required to do so, by notice given to the
Chairman by not less than five members, the Chairman shall summon a meeting of the Board to be held within 14
days from the date on which the notice is given.
5. Where the Board desires to obtain the advice of any person on a particular matter, the Board may co-opt him
to the Board for such period as it 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 Board and shall not count towards a quorum.
6. Committees:
(1) subject to its standing orders, the Board may appoint such member of standing and ad hoc Committee
as it thinks fit to consider and report on any matter with ….the Agency is concerned …
(2) A Committee appointed 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 a person other than a member of the Board shall hold office on the Committee in
accordance with the terms of his appointment; and
(b) be presided over by a member of the Board.
(3) The quorum of any Committee set up by the Board shall be as may be determined by the Board.
(4) A decision of a Committee of the Board shall be of no effect until it is confirmed by the Board.

MISCELLANEOUS
7. The fixing of the seal of the Agency shall be authenticated by the signature of the Chairman, the Managing
Director or any other person generally or specifically authorized by the Board to act for that purpose.
8. Any contract or instrument which, if made 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 Managing Director or by any other person
generally or specifically authorized by the Board to act for that purpose.
9. Any 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.
10.-(1) The validity of any proceedings of the Board or of any of its Committee shall not be affected by:
(a) any vacancy in the membership of the Board, or Committee; or
(b) any defect in the appointment of a member of the Board or Committee; or
Federal Roads Maintenance Agency (Establishment, etc.) A 155 2002 No.7

(c) reason that any person not entitled to do so took part in the proceedings
of the Board, or Committee.
11.- (1) A member of the Board who is directly or indirectly interested in any matter being
deliberated on by the Board or is interested in any contract made or proposed to be made by the
Agency shall as soon as possible after the relevant facts have come to his knowledge, disclose the
nature of his interest at a meeting of the Board.
(2) A disclosure under subparagraph (1) of this section shall be recorded in the Minutes of
the Meeting of the Board and the member concerned shall
(a) not, after the disclosure take part in any deliberation or decision of the Board on
the issue; and
(b) be excluded for the purpose of constituting a quorum of any meeting of the
Board for any deliberation or decision, with regard to the subject matter in respect of which his
interest is so disclosed.

12. No member of the Board shall be personally liable for any act or omission done or made in good
faith while engaged on the business of the Agency.
Federal Roads Maintenance Agency (Establishment, etc.) A 156 2002 No.7

I certify, in accordance with Section 2 (1) of the Acts Authentication Act, Cap. $, Laws of the Federation
of Nigeria 1990, that this is a true copy of the Bill passed by both Houses of the National Assembly,

IBRAHIM SALIM, CON

Clerk to the National Assembly

25th November, 2002

EXPLANATORY MEMORANDUM
This Act seeks to establish a Federal Roads Maintenance Agency as a statutory corporation and
to vest the Agency with the responsibility of monitoring and maintaining all Federal Roads in
the country.

The Act further seeks to transfer the responsibility of maintaining Federal roads from Ministry
of Works and Housing under Federal Highway Act Cap. 135 to the Agency.
SCHEDULE TO THE FEDERAL ROADS MAINTENANCE AGENCY (ESTABLISHMENT, ETC) BILL. 2002

(1) (2) (3) (4) (5)

Short Title of Long Title of the Bill Summary of the Content of the Date passed by Senate Date passed by
the Bill Bill House of
Representatives
Federal Roads An Act to establish the This Bill seeks to establish a 19th November, 2002. 6th November,
Maintenance Federal Roads Federal Roads Maintenance 2002.
Agency Maintenance Agency and Agency as a statutory
(Establishment, for matters connected corporation and to vest the
etc Bill. 2002) therewith Agency with the responsibility
of monitoring and maintaining
all Federal Roads, in the
country.

This Bill further seeks to


transfer the responsibility of
maintaining Federal Roads
from Federal Ministry of
Works and Housing under
Federal Highway Act Cap 135
to the Agency.

I certify that this Act has been carefully compared by me with the decision reached by the National
assembly and found by me to be true and correct decision of the Houses and is in accordance with the
provisions of the Acts Authentication Act Cap. 4, Laws of the Federation of Nigeria.

I ASSENT.

IBRAHIM SALIM, CON.

Clerk to the National Assembly

25th Day of November, 2002

CHIEF OLUSEGUN OBASANJO, GCFR.

President of the Federal Republic of Nigeria

30thy Day of November, 2002


LAWS OF THE FEDERATION OF NIGERIA

FEDERAL ROADS MAINTENANCE AGENCY


(AMMENDMENT) ACT, 2007.
A 465

FEDERAL ROADS MAINTENANCE AGENCY

(AMENDMENT) ACT, 2007

ARRANGEMENT OF SECTIONS

SECTION:

1. Amendment of the Federal Roads Maintenance Agency Act, No. 7 of 2002.


2. Substitution for section 2 of the Principal act.
3. Substitution for section 5 (4) of the Principal Act.
4. Substitution for section 14 of the Principal Act.
5. Citation.
A 467

FEDERAL ROADS MAINTENANCE AGENCY (AMENDMENT) ACT, 2007

2007 ACT No. 18

AN ACT TO AMEND THE FEDERAL ROADS MAINTENANCE AGENCY ACT No.7 OF 2002, BY PROVIDING,
AMONG OTHER THINGS, AN ADDITIONAL SOURCE OF FUNDS FOR THE AGENCY; AND FOR RELATED
MATTERS

[25th Day of May, 2007] Commence-


ment
ENACTED by the National Assembly of the Federal Republic of Nigeria

1. The Federal Roads Maintenance Act, 2002 (in this Act referred to as the “Principal Act”,) is amended Amendment
as set out in this Act. of the
Federal
Roads
Maintenance
Act No.7 of
2. Substitute for Section2 of the Principal Act a new Section “2” – 2002.
(1) There shall be established for the Agency, a fourteen member Governing Board for the running of
the affairs of the Agency (in this Act referred to as the “Board”). Substitution
(2) The Board shall consist of – for Section 2
(a) The Chairman, who shall be drawn from the Private Sector; of the
(b) A representative of the – Principal Act.
(i) Director in Charge of Federal Highways Development,
(ii) The Federal Ministry of Finance,
(iii) NARTO,
(iv) Petroleum Pricing Regulatory Agency (PPRA)
(v) Nigerian Association of Public Highways and Transportation Officials (NAPHTO),
(vi) The Federal Road Safety Corps,
(vii) From each of the six Geo-Political zones, and
(c) The Managing Director of the Agency
(3) Members of the Board shall be appointed by the President subject to confirmation by the Senate.
A 468 2007 No. 18 Federal Roads Maintenance Agency

Substitution for 3. Substitute for section 5 (4) of the Principal Act a new sub-section (4)
section 5 (4) of “(4) A member of the Board may, subject to ratification of the National Assembly by a simple
the Principal majority vote, be removed by the President, upon being satisfied that it is not in the interest of
Act. the Agency or the public that such member should continue in office.”
4. Substitute for section 14 of the Principal Act a new section “14” –
Substitution for 14 (1) The Fund of the Agency shall consist of –
section 14 of (a) The take-off grant from the Federal Government;
the Principal (b) Annual subvention from the Federal Government as provided in the Appropriation
Act. Act;
(c) Loans and grants-in-aid from Federal, bilateral and multilateral agencies;
(d) Rents, fees and other internally generated revenues from services provided by the
Agency;
(e) All monies collected from toll gates;
(f) Such monies accruing from road concessions;
(g) All other sum accruing to the Agency from time to time;
(h) 5% user charge pump price of petrol, diesel and of which 40% will accrue to FERMA
and 60% to be utilized by the established State Roads Maintenance Agencies; and
(i) International vehicles transit charge as may be determined by the Hon. Minister of
Transportation.
(2) The Board shall cause the publication of its funds under section 14 (h) of this section to be
utilized by the established State Roads Maintenance Agencies and its disbursement in the electronic and
print media from time to time.”

5. This Act may be cited as the Federal Roads Maintenance Agency (Amendment) Act, 2007.
Citation I certify, in accordance with Section 2 (l) of the Acts authentication Act, Cap. 4, Laws of the
Federation of Nigeria 1990; that this is a true copy of the Bill passed by both Houses of the
National Assembly.

NASIRU IBRAH- ARAB


Clerk to the National Assembly
24th Day of May, 2007
Federal Roads Maintenance Agency Act 2007 No. 18 A469

EXPLANATORY MEMORANDUM

This Act amends the Federal Roads Maintenance Agency Act, 2002 by providing among other things
an additional source of funds for the Agency.
SCHEDULE OF THE FEDERAL ROADS MAINTENANCE AGENCY (AMENDMENT) BILL 2007

(1) (2) (3) (4) (5)

Short Title of the Long Title of the Bill Summary of the Content of the Date Date Passed by House
Bill Bill passed by of Representatives
Senate
rd
Federal Roads An Act to amend the Federal This Bill amends the Federal 23 May, 1st February, 2007
Maintenance Roads Maintenance Agency Roads Maintenance Agency Act 2007.
Agency Act No.7 of 2002, by No. 7 of 2002, by providing
(Amendment) providing, among other among other things, an
Bill. 2007 things, an additional source additional source of funds for
of funds for the Agency and the Agency.
for related matters.

I certify that this Act has been carefully compared by me with the decision reached by the National
Assembly and found by me to be true and correct decision of the House and is in accordance with the
provisions of the Acts Authentication Act Cap. 4, Laws of the Federation of Nigeria, 1990.

I ASSENT.

NASIRU IBRAHIM ARAB,

Clerk of the National Assembly

24th Day of May, 2007

CHIEF OLUSEGUN OBASANJO, GCFR

President of the Federal Republic of Nigeria

25th Day of May, 2007

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