Functions of the commission
1. The functions of the Commission shall be :
- to work out an equitable formula, subject to the approval of the President, for the distribution of all cadres of posts in the civil and public service of the Federation and of the State, the armed forces, the Nigerian Police Force and other security agencies, bodies corporate owned by the federal or a State Government and Extra-Ministerial Departments and parastatals of the Federation and States;
- to promote, monitor and enforce compliance with the principles of proportional sharing of all bureaucratic, economic, media and political posts at all levels of government;
- to take such legal measures including the prosecution of the heads or staff of any Ministry, Extra-Ministerial department or agency which fails to comply with any federal character principle or for a prescribed or adopted by the Commission;
- to workout:
- an equitable formula, subject to the approval of the president, for distribution of socio-economic services, amenities and infrastructural facilities;
- modalities and schemes, subject to the approval of the President, for redressing the problem of imbalances and reducing the fear of relative deprivation and marginalization in the Nigerian system of federalism as it obtains in the public and private sectors;
- to intervene in the operation of any agency of the federal Government, subject to the approval of the President, where in the opinion of the Commission the function of the agency concerned is relevant to the functions of the commission and the Commission is of the opinion that it is not being effectively implemented;
- to advise the Federal State, and local government to intervene and influence providers of services, goods and socio-economic amenities to extend such services, goods and socio-economic amenities to deprived areas of the country;
- to ensure that all Ministries and Extra-Ministerial departments, agencies and other bodies affected by this act have a clear criteria indicating conditions to be fulfilled and comprehensive guidelines on the procedure for :
- determining eligibility and the procedure for employment in the public private sectors of the economy;
- the provision of social services goods and socio-economic amenities in Nigeria;
- to ensure that public officers shall, in the performance of their functions, adhere strictly to rules and regulations made pursuant to this Act;
- to advise the federal Government of Nigeria on the structure and rationalization of any Ministry, extra-ministerial department or agency; and
- carry out such other functions as the President shall, from time to time, assign to it.
2. For the avoidance of doubt:
- the posts mentioned in paragraphs (a0 and (b) of subsection (10 of this section shall include those of the Permanent secretary in the Civil Service of the federation or the State Civil Service, Directors-General in extra-Ministerial Departments and Parastatals, Directors in ministries and Extra-Ministerial Departments, senior Military Officers, senior Diplomatic Posts, Managerial Cadres in the Federal and State Parastatals, Bodies Corporate, Agencies and institutions; and
- socio-economic services, amenities and facilities mentioned in paragraph (d) of subsection (1) of this section include those in the sectors of education, electricity, transport and youth development.
3. Any person who fails to comply with the guidelines issued under paragraph (h) of subsection (1) of this section is guilty of an offence under this Act and liable to penalties specified in section 15 (1) of this act.
4. Notwithstanding any provision in any other law or enactment, the Commission shall ensure that every public company or corporation reflects the federal character in the appointment of its directors and senior management staff.