Overview

The National Examinations Council (NECO) (Establishment) Act 2002 is a Nigerian federal law that establishes the National Examinations Council (NECO) as a corporate body with perpetual succession and a common seal. The Act provides for the composition and governance of the Council through a Governing Board, which includes a chairman, representatives from the Federal Ministry of Education, six geopolitical zones, the All Nigeria Conference of Principals of Secondary Schools, Nigerian universities (in rotation), the Nigeria Employers Consultative Association, the Joint Admissions and Matriculation Board (JAMB), the National Parents Teachers Association (NPTA), and the Nigerian Educational Research and Development Council (NERDC). The Registrar of NECO serves as an ex-officio member. Board members (except ex-officio) are appointed by the President on the recommendation of the Minister of Education, serving a four-year term renewable once. The Act outlines removal procedures (by the President for incapacity or misconduct) and resignation. It defines the Council's functions, including conducting examinations (e.g., the Senior School Certificate Examination), awarding certificates, and advising on educational standards. Powers include property acquisition, staff employment, and borrowing. Financial provisions establish a fund for the Council's operations, with annual estimates, accounts, and audits required. The Council may accept gifts and borrow money. Legal protections limit lawsuits against the Council to a 12-month notice period and restrict execution against its property. Members and staff are indemnified for acts done in good faith. The Act also covers offices, premises, land acquisition, and authorizes the Minister to give directives. Transitional provisions ensure continuity, and regulations may be made for implementation. The Act came into force on 18 February 2002.

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