FACILITIES MANAGEMENT AND MAINTENANCE LAW

ARRANGEMENT OF SECTIONS
1.       Interpretation

2.       Establishment of Agency

3.       Objectives of the Law

4.       Function of the Agency

5.       Establishment and Composition of the Governing Board

6.       Function of the Board

7.       Tenure of Office of the Board

8.       Remuneration and Allowances

9.       Cessation and Removal from Office of Members of the Board

10.     Secretary/Legal Adviser of the Agency

11.     Appointment of Consultants

12.     Meeting and Proceedings of the Board

13.     Quorum

14.     Voting Members

15.     Appointment of the General Manager

16.     Functions of the General Manager

17.     Power to Co-opt

18.     Staff of the Agency

19.     Seal of the Agency

20.     Prohibition of unauthorized of disclosure of Information

21.     Disclosure of Interests

22.     Principles of Asset Management

23.     Designation of User and Custodian of Assets

24.     Minimum contents of Asset Management Plan

25.     Preparation of Management Plan

26.     Minimum Contents of User Asset Management Plan

27.     User to give effect to Management Plan

28.     Submission of Management Plan

29.     Approval of Management Plan

30.     Status of Asset Management Plan

31.     Annual Report of the Agency

32.     Offences and Penalties

33.     Defence of due Diligence

34.     Convicted Persons liable for Costs Expenses of Proceedings

35.     Summary Trial of Persons Indicted

36.     Proceedings for Offences

37.     Agency Guidelines and Regulations

38.     Citation and Commencement

THE FACILITIES MANAGEMENT AND MAINTENANCE LAW

A LAW TO ESTABLISH THE LAGOS STATE INFRASTRUCTURE ASSET MANAGEMENT AGENCY AND FOR
CONNECTED PURPOSES

THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:

1. Interpretation

In this Law unless the context otherwise requires—

          ‘‘State Asset’’ means any property, whether movable or immovable acquired or owned by the
State     government located within or outside Lagos State;

          ‘‘Commissioner’’ means the Commissioner for Works and Infrastructure or any other public
officer for the        time being charged with the responsibility for Works and Infrastructure in the
State;

          ‘‘Custodian’’ means a Ministry, Department or Agency of government who acquired and is in
control of an      asset;

          ‘‘Infrastructural Asset’’ means any real property owned, leased or otherwise managed by the
Lagos State     Government both within and outside the State;

          ‘‘Financial Year’’ means a period of 12 months ending on 31st December or any other date as
may be    adopted by the State Government in any year and, in the case of the first financial year of
the Agency, means       the period commencing on the establishment day and ending on 31st
December in the year in which the       establishment falls;

          ‘‘Governor’’ means the Governor of Lagos State;

          ‘‘Law Officer’’ means a lawyer with the Lagos State Government under the Attorney General of
the State;

          ‘‘Portfolio Strategy’’ means management plans used by the Agency in achieving its goals and
objectives;

          ‘‘State’’ means Lagos State of Nigeria;

          ‘‘User of Asset’’ means every Ministry, Department or Agency of Lagos State.

2.       Establishment of the Agency

(1)     There is established the Lagos State Infrastructure Asset Management Agency (referred to in
this Law                      as ‘‘the Agency’’).

(2) The Agency—

          (a)     shall be a body corporate with perpetual succession and a common seal;

          (b)     may sue and be sued in its corporate name; and

          (c)     may acquire, hold, manage and dispose of any property or interest in property, moveable
or                                       immoveable for the purposes of carrying out its functions under this Law.

3.       Objectives of the Law

The objectives of this Law are to—

(a)     provide for the effective preservation and maintenance of assets owned or controlled by the
State     Government;

(b)     provide a uniform management framework for sustainability, efficiency and accountability in the
use and       management of such assets;

(c)     ensure coordination in the use of assets within the service delivery objectives of the State
Government;

(d)     optimise the cost of service delivery by—

          (i)      ensuring proper monitoring and accountability for capital and recurrent works;

          (ii)     establishing a system for regular maintenance and refurbishment of assets;

          (iii)    undertaking proper disposal of used assets;

          (iv)    improving health and safety in the working environment.

4.       Functions of the Agency

          (1)     The functions of the Agency are to—

                   (a)     develop a consistent approach to Asset Management across all Ministries,
Departments and                               Agencies (MDAs) of government  with the exemption of assets
concessioned to an operator                                 under a Public-Private Partnership Agreement;

                   (b)     create an Asset Register that meets international standards;

                   (c)     draw up master plan towards management and maintenance of assets in the
State;

                   (d)     create performance benchmarks;

                   (e)     determine service levels for each asset class;

                   (f)      establish assessment procedure for State assets;

                   (g)     act as consultant in conjunction with the MDAs of government in facility
management and                                        maintenance;

                   (h)     ensure compliance with relevant statutory provisions;

                   (i)      monitor and co-ordinate outsourced facility management services;

                   (j)      plan, implement and monitor all private and State owned asset;

                   (k)     supervise all aspects of facilities management and maintenance with a view to
ensuring that all                                 public assets, facilities and installations are operating at
optimal capacity;

                   (l)      approve and register facility Managers;

                   (m)    perform periodic audit of State-owned infrastructure and assets and advise on the
maintenance                                or disposal of such assets;

                   (n)     co-ordinate the performance of outsourcing of management scheduled and

unscheduled                                                maintenance works, including but not limited to general
cleaning, fumigation, painting, furniture                                works and fixtures, mechanical and
electrical maintenance, replacement of spare parts,                                          maintenance of
sewage and drainage systems and horticultural requirements of all and any                                      
other State owned premises; and

                   (o)     any other function that may be necessary for the attainment of the objectives of
this Law.

 (2)    Without prejudice to the generality of subsection (1) of this section in performing its functions
under this Law,         the Agency shall—

          (a)     advise and make recommendations as may be appropriate to the Governor, the
Commissioner, any                             MDA or Body of the State, in relation to any policy matter,
legislative proposal or other matters                                concerning or likely to affect asset
management in the State;

          (b)     foster and promote contracts, co-operation and exchange of information with MDAs of
government on                     asset management;

          (c)     co-operate with other competent authorities, organizations or persons whether in the
State or                                    elsewhere charged with the responsibilities for asset management;

          (d)     promote public awareness and publicity campaigns for the purpose of educating all
concerned on the                     use and management of public infrastructure and facilities; and

          (e)     acquire adequate information on all new infrastructure projects in the State.

5.       Establishment and Composition of the Governing Board

          (1)     The affairs of the Agency shall be administered by a Governing Board (referred to in this
Law as ‘‘the                        Board’’) which shall set guidelines for the management of the Agency and
ensure compliance with the                          provisions of this Law and regulations made under it.

          (2)     The Board shall consist of—

                   (a)     a Chairman, who shall be the Commissioner in charge of Works and Infrastructure
in the State;
                   (b)     three members; and

                   (c)     the General Manager of the Agency.

          (3)     The members of the Board shall be persons knowledgeable and experienced in matters
relevant to the                       functions of the agency and shall be appointed by the Governor.

6. Functions of the Board

          The functions of the Board shall be to—

          (a)     set guidelines for the management of the Agency and ensure compliance with the
provisions of this                      Law and Regulations made under it;

          (b)     provide general policy guidelines for the functions of the Agency and supervise the
implementation of                     such policies;

          (c)     ensure the effective and optimum performance of the Agency;

          (d)     approve the drawn up master plan towards management and maintenance of asset in
the State;

          (e)     ensure that all assets currently in use are operational, efficient and also meets the
standard set by the                            Agency;

          (f)      administer the fund of the Agency;

          (g)     work with the Agency towards the attainment of its objectives and perform such other
functions as are                        in the opinion of the Board necessary to ensure efficient performance
of the Agency.

7.       Tenure of Office of the Board

Subject to the provisions of this Law, the members so appointed under Section 5(2) shall hold office
for a   period of three (3) years and may be re-appointed for one further term.

8.       Remuneration and Allowances

The members of the Board who are not public officers shall be paid such remuneration and allowances
as        may be determined and approved by the Governor.

9.       Cessation and Removal from Office of Members of the Board

(1)     A person shall cease to hold office as a member of the Board if he—

          (a)     is adjudged bankrupt;

          (b)     is convicted of an offence involving fraud or dishonesty; or

          (c)     has a conflict of interest that, in the opinion of the Governor, requires that the person
should                                    cease to hold such office.

          (2)     A member of the Board may at any time resign from office by a letter addressed to the
Governor and                     the resignation shall take effect on the date specified in the letter or the
date the letter is received by                       the Governor.

(3)     The Governor may at any time remove a member of the Board from office, if, in his opinion—
          (a)     the member has become incapable through ill-health to effectively perform the duties of
the                                       office;

          (b)     the removal appears to be necessary for the effective performance of the functions of the
Board.

(4)     The Board may act notwithstanding any vacancy or vacancies in its membership.

10.     Secretary /Legal Adviser of the Agency

The Agency shall appoint a Secretary/Legal Adviser who shall—

          (a)     be a Legal practitioner with a minimum of ten years post-call experience and not be
below Grade Level                    14;

          (b)     be responsible to the Board;

          (c)     issue notices of its meetings as may be directed by the Chairman and serve as its
Secretary;

          (d)     keep records of the proceedings of the Board; and

          (e)     carry out such other duties as may be assigned to him by the General Manager or the
Board.

11.     Appointment of Consultants

The Agency may appoint consultants, contractors or other service providers for the purpose of assets
management and maintenance in the State and shall be bound by any concession agreement entered
into by       the State Government in relation to any public asset.

12.     Meetings and Proceedings of the Board

(1)     The Board shall hold its meetings as frequently as may be necessary for the performance of its
functions but not less than six times in a year.

(2)     Subject to the provisions of this Law, the proceedings of the Board shall be regulated by
standing      orders.

13.     Quorum

(1)     The quorum for a meeting of the Board shall be three members.

(2)     The Chairman shall preside at every meeting of the Board and in his absence any member so
appointed    except the General Manager.

14.     Voting Members

(1)     The decision of the Board shall be by majority votes of the members present at the meeting and
each                         member shall be entitled to only one vote.

(2)     Where there is equality of votes at a meeting, the Chairman or any member presiding at such
meeting                           shall have a casting vote.

15.     Appointment of the General Manager

(1)     There shall be for the Agency a General Manager who shall be the Chief Executive Officer of the
Agency.
(2)     The General Manager shall, subject to the approval of the House of Assembly be appointed by
the                             Governor.

(3)     The General Manager—

          (a)     shall hold office under a written contract of service for a term of four years, and on such
other                                terms and conditions as are specified in the contract of service; and

          (b)     may serve a second term of four years if re-appointed.

(4)     The General Manager shall not hold any other office or occupy any other position or carry on
any other                   business in respect of which emoluments are payable.

(5)     The General Manager may be removed from office by the Governor if in his opinion such
removal is in                             the interest of the State or the Agency.

(6)     The General Manager shall be subject to the supervision and authority of the State Government
through the Board.

16.     Functions of the General Manager

(1)     The General Manager shall manage and control—

          (a)     staff, administration and business of the Agency;

          (b)     the establishment and development of a management structure with appropriate
departments                                      and    units.

(2)     The General Manager shall be responsible for the day to day administration of the Agency.

(3)     The General Manager may perform such other functions as may be conferred on him under this
Law or                      as may be determined by the Board with the approval of the Governor.

(4)     The General Manager shall advise the Board in relation to the performance of the functions of
the                             Agency and shall make proposals to the Board on any matter relating to the
activities of the Agency.

(5)     The General Manager may do such acts that are expedient or necessary for the purpose of
exercising                       his functions under this Law.

17.     Power to Co-opt

Where the Agency desires to obtain the advice of any person(s) on any matter, the Agency may co-
opt such person(s) to attend any of its meetings for that purpose and the co-opted person(s) shall not
be entitled to    vote or count towards a quorum.

18.     Staff of the Agency

(1)     The Agency may, with the approval of the Governor employ or seek deployment from the State
Civil                       Service such number of persons as it may determine to be members of the staff of
the Agency.

(2)     The terms and conditions of service, including terms and conditions of employment in the
Agency shall                             be as applicable in the State Civil Service.

19.     Seal of the Agency

(1)     There shall be a common seal of the Agency.

(2)     The seal of the Agency shall be authenticated by the signature of the Chairman or any member
of the                          Board authorised in that behalf.

3)      Judicial notice shall be taken of the seal of the Agency and an instrument purporting to be an
instrument made by the Agency and to be sealed with its seal shall be received in evidence and shall
be deemed to be such instrument without further proof unless the contrary is shown.

(4)     Any contract or instrument which does not require to be under seal may be entered into or
executed by                    any person duly authorised in that behalf by the Agency.

20.     Prohibition of Unauthorised Disclosure of Information

(1)     A person shall not, unless authorised by the Agency or by a member of staff of the Agency duly
authorised in that behalf, disclose confidential information obtained by him or her in his/her official
capacity, or while performing duties as—

          (a)     a member of the Board or of a committee set up by the Agency;

          (b)     the General Manager;

          (c)     a member of staff of the Agency;

          (d)     a consultant or adviser engaged by the Agency or an employee of such a consultant or
adviser;

          (e)     an inspection officer; or

          (f)      a person engaged by the Agency in any other capacity.

(2)     The provisions of subs.(1) above shall not apply to—

          (a)     a communication made by a member of the Board, the General Manager, a member of
staff of the                           Agency or any other authorised person, in the performance of any of the
functions under this Law,                            being a communication the making of which was
necessary for the performance of any such function;         or

          (b)     the disclosure by a member of the Board or the General Manager, a member of staff of
the Agency or                       any other authorised person to any member of the Nigerian Police of
Information which in his opinion,                       may relate to the commission of an offence under this
or any other Law.

(3)     Nothing in subs.(1) of this section shall prevent the disclosure of information by means of a
report made—

          (a)     to the Board or a committee, as the case may be; or

          (b)     by or on behalf of the Board or a committee to the Governor.

21.     Disclosure of Interests

Where the General Manager, a member of the Board, a member of staff of the Agency, a consultant,
adviser         or any other person engaged by the Agency has a pecuniary interest or other beneficial
interest in, or   material to, any matter which is to be considered by the Board, the person shall—

           (a)    disclose to the Board the nature of the interest in advance before consideration of the
matter;

          (b)     neither influence nor seek to influence a decision relating to the matter;
          (c)     not take part in the consideration of the matter; and

          (d)     withdraw from the meeting as long as the matter is being discussed or considered and
neither vote                       nor otherwise act in consideration of the matter.

22.     Principles of Asset Management

(1)     The Agency shall enforce the following principles of asset management—

          (a)     an asset must be used efficiently and becomes surplus to a user if it no longer supports
its                              service delivery objectives at an efficient level and if it cannot be upgraded to
that level;

          (b)     minimise the demand for assets, alternative service delivery methods that do not require
asset                                      acquisition must be identified and considered;

          (c)     in relation to acquisition, it must be considered whether—

                   (i)      an asset currently used by the State is adequate to meet a change in its delivery
objectives; and

                   (ii)     the cost of the asset as well as its operational and maintenance costs throughout
its life                                        cycle justifies its acquisition in relation to the value of the device to
be delivered.

          (d)     assets that are currently in use must be kept operational to function in a manner that
supports                                   efficient service delivery;

          (e)     when an asset is acquired or disposed of, best value for money must be obtained or
realised in                                accordance with the Public Procurement Law;

                   (f)      in relation to disposal, the custodian must consider whether the asset concerned
can be used—

                   (i)      by another user or jointly by different users;

                   (ii)     in relation to social development initiatives of government; and

                   (iii)    in relation to government’s socio-economic objectives.

23.     Designation of User and Custodian of Assets

(1)     As from the commencement of this Law, every Ministry, Department or Agency of government
is                          declared User of Assets.

(2)     A Custodian shall—

          (a)     act as the caretaker in relation to assets of which it is the custodian;

          (b)     be responsible for the performance of the functions assigned under the provisions of this
Law or                                any agreement with the Agency;

          (c)     be liable for any action or omission in relation to asset of which it is the custodian,
excluding an                                      act or omission in good faith.

24.     Minimum Contents of Asset Management Plan

An Asset Management Plan must consist of at least—

          (a)     a portfolio strategy and management plan;

          (b)     a management plan for each asset throughout its life cycle;

          (c)     a performance assessment of the asset;

          (d)     a condition assessment of the asset;

          (e)     the maintenance activities required and the total and true copy of the maintenance
activities identified;                  and

          (f)      a disposal strategy if need be.

25.     Preparation of Management Plans

(1)     A Custodian shall—

          (a)     prepare an Asset Management Plan in such a manner as may be prescribed by the
Agency in                                 relation to all the assets in custody at the end of every calendar year;

          (b)     prepare a User Management Plan, which relates to all the assets which the Custodian
uses or                                     intends to use in support of its activities. (2) When preparing an
Asset Management Plan, the                                 Accounting Officer of the Custodian shall—

                             (a)     meet the objectives of this Law;

                             (b)     adhere to any principles of asset management as stated in Section 22;

                             (c)     adhere to any guideline, regulation and standard made by the Agency in
accordance with the provisions of this Law.

26.     Minimum Contents of User Management Plan

A User Management Plan must consist of at least—

          (a)     a strategy needs assessment;

          (b)     an acquisition plan;

          (c)     an operation plan;

          (d)     an asset surrender plan; and

          (e)     user to give effect.

27.     User to Give Effect to Management Plan

A user must give effect to its User Management Plan and conduct regular assessments in a manner
which is consistent with the provision of this Law and its accepted plan.

28.     Submission of Management Plan

The Accounting Officer of a Custodian shall submit his Asset Management Plan and User Management
Plan to       the Agency on or before June 30th of every year.

29.     Approval of Management Plan

(1)     The Agency shall within twenty one days consider the Custodian Asset Management Plan and
User                         Management Plan submitted to it.

(2)     The Agency may—

          (a)     approve the management plan;

          (b)     reject the management plan.

(3)     Where a management plan is rejected, the Custodian shall submit a fresh plan within fourteen
days of                       being informed of the decision of the Agency.

30.     Status of Asset Management Plan

An Asset Management Plan approved by the Agency shall—

(a)     be the principal asset strategic planning instrument which guides and informs all asset
management                            decision by the user;

(b)     bind the user in the exercise of its executive authority, except to the extent of any
inconsistency                            between an Asset Management Plan and this Law, in which case this
Law prevails.

31.     Annual Report of the Agency

(1)     The Agency shall, not later than five months to the end of the fiscal year, submit to the
Governor a                      report of the assets of the State.

(2)     The report must contain at least—

          (a)     standardized information about all assets of the State;

          (b)     the last valuation of the assets;

          (c)     factual and quantitative information of the performance of the assets in meeting delivery
needs;

          (d)     strategies for management of assets of the State.

32.     Offences and Penalties

(1)     It is an offence to willfully contravene or fail to comply with any provision of this Law.

(2)     If an offence under this Law is committed by a user and is proved to have been 0attributed with
the                          consent, connivance or approval of, or to have been attributable to any neglect
on the part of any                            person being a Custodian, Director, Manager, Secretary or any
other officer of the user or a person                         purporting to act in any such capacity, that
person commits an offence.

(3)     If a User commits an offence under this Law, an employee, officer, Director or agent of the user
who                         authorizes, permits or aids in the commission of the offence also commits an
offence.

(4)     A person guilty of an offence under the provisions of this Law is liable on conviction to a fine not
exceeding N=500,000.00 (Five Hundred Thousand naira), or imprisonment for a term not exceeding
one year or both.

33.     Defence of Due Diligence

(1)     In proceedings for an offence under this Law, it is a defence for the defendant to prove the
following—

          (a)     that the commission of the offence was due to a mistake or reliance on information
supplied to                               the defendant or due to the act or default of another person, or an
accident or some other cause                           beyond the defendant’s control; and

          (b)     the defendant exercised due diligence and took all reasonable precautions to avoid
commission                              of the offence.

          (2)     If the defence provided by subs.(1) involves the allegation that the commission of the
offence was due                 to reliance on information supplied by another person or to the actor
default of another person, the                      defendant shall not, without leave of the court, be
entitled to rely on that defence unless—

          (a)     not less than seven working days before the hearing;

          (b)     the defendant has served on the prosecution a written notice providing information
identifying or                            assisting in the identification of that other person.

34.     Convicted Persons Liable for Costs Expenses of Proceedings On conviction of a person for an
offence, the      Court shall, unless satisfied that there are special and substantial reasons for not so
doing—

          (a)     order the person to pay the cost and expenses of investigation, detection and
prosecution of the                              offence incurred by the Agency as calculated by the Court.

          (b)     an order for costs and expenses under Section (1) is in addition to any fine or penalty
the Court may                        impose.

35.     Summary Trial of Persons Indicted

A person charged with an offence under this Law may be tried summarily as provided under the          
Administration of Criminal Justice Law of Lagos State.

36.     Proceedings for Offences

Any proceedings for an offence under this Law may be filed and prosecuted by any law officer in the
State.

37.     Agency Guidelines and Regulations

(1)     Subject to the Regulations Approval Law, the Agency may prepare, issue and publish guidelines
and                          regulations not inconsistent with this Law with regard to any matter that is
required or permitted to be                        prescribed in terms of this Law and any other incidental or
administrative matter necessary for the                          proper administration and implementation of
this Law.

(2)     Before issuing and publishing guidelines and regulations under this section, the Agency may
prepare                             and circulate draft guidelines and regulations and consult with any person,
persons or organization as                            the Agency considers appropriate.

38.     Citation and Commencement

This Law may be cited as the Facilities Management and Maintenance Law 2014 and shall come into
force on          the 1st day of December 2014.