1. Nigerian Institute of Management Act 2003
Andrew Ekpunobi, MNIM

2. Introduction
The Nigerian Institute of Management (NIM) Establishment Act was enacted in 2003.
It charged the Nigerian Institute of Management with the responsibility for registration of persons seeking to become management practitioners in Nigeria.
It further seeks to provide for the structure and funding of the Institute, its regulations and rules and adequate disciplinary measures for unprofessional conduct including cancellation of practitioner’s membership.

3. Sections [22 sections in all]
Establishment of the Nigerian Institute of Management and its Duties;
Election of the Principal Officers of the Institute;
Governing Council and its Membership;
Appointment of Board of Fellows;
Funds of the Institute;

4. Sections
Appointment and Duties of the Registrar and preparation of the Register;
Publication of Registers and list of Corrections;
Registration of Professional Management Practitioners;
Approval of Qualifications, etc.;
Supervision of instruction and Examinations leading to Approved Qualifications;

5. Sections Cont’d
Establishment of Disciplinary Tribunal and Investigating Panel;
Penalties for Unprofessional Conducts, etc.;
Application of this Act to Enrolled Persons;
When a person is deemed a Management Practitioner;
Rules as to Practicing Fees, etc.;
Honorary Membership;

6. Sections Cont’d Provision of Library Facilities. Etc.;
Regulations and Rules;
Transfer to the Institute of Certain Property, etc.;
Offences;
Interpretation;
Citation.

7. Schedules : [ Three Scedules]
Supplementary Provisions Relating to the Council;
Transitional Provision as to Property, Etc.
Supplementary Provisions Relating to the Disciplinary Tribunal and Investigating P

8. The Act therefore made the Institute:
a training and professional body for the practice of management.
a regulatory organization for the profession.
It functions like National Agency for Food and Drugs Administration and Control, NAFDAC, for food and drugs and Standards Organization of Nigeria, SON, for manufactured and other processed products.

9. THE PROFESSIONAL MANAGER
According to NIM Act (2003), “A person shall be deemed as a professional management practitioner if for consideration of remuneration received or to be received, and whether by himself or in partnership with any other person:

10. Professional Manager Cont’d
He engages himself in the practice of management
He renders professional service or assistance in or about matters or principle or detail relating to management or data; or
He renders any other service which may by rules or Bye- laws made by the Council designated as service constituting practice as a professional management practitioner.”

11. A manager’s measure of success depends upon his skill in dealing effectively with other people.
A manager heads an organization which may be made up of two or more persons.
These people are expected to work together to attain a set of goals. Managerial functions include planning, organizing, leading, controlling, training, staffing, motivating etc.
Management is the process of using organizational resources to achieve organizational objectives through managerial functions. 

12. Managerial competencies have three interrelated components:
Knowledge,
Skills and
Attitudes.
The manager must develop a set of professional skills. These skills are technical, administrative and interpersonal.

13. Purpose of the Act
The NIM Act is designed to ensure that professional managers become effective managers.
The NIM Act is like a road map for the professional manager.
Think of management as a kind of bus-driver Function:

14. The Manager as a bus driver
You need to keep your eyes open;
Getting information from control systems and keeping in touch with things;
Be up to date, this can be likened to looking at a map and watching the traffic situation on the road.
You need forward vision; Short term and long term, you should have your ideas clear about where you’re trying to get to- tomorrow, next week, next year…
You have to try to anticipate events; all management decisions are ahead of the action, but how far ahead?

15. Establishment of NIM and Its Duties
Part I of the NIM Act 2003 established the Institute and detailed its duties as follows:
Determining what standards of knowledge and skill are to be attained by persons seeking to become members of the management profession and raising those standards from time to time as the circumstances permit;
Securing in accordance with provisions of this Act the establishment and maintenance of registers of members and the publication from time to time of a list of those members;

16. Regulating and controlling the profession of management in all its aspects and ramifications;
Performing through the Council under this Act the functions conferred on it by this Act.

17. The institute shall have perpetual succession and a common seal which shall be kept in such custody as the Council under this Act may from time to time authorize.
3. The institute may sue and be sued in its corporate name and may, hold, acquire and dispose of any property, movable and immovable.

18. Subject to the provisions of this Act, members admitted to the institute shall possess adequate knowledge and experience as managers and be enrolled in the category of:
i. Companions; with designatory letter CNIM
ii. Fellows; with designatory letter FNIM
iii. Member; with designatory letter MNIM
iv. Associates; with designatory letter AMNIM

19. MCPEP and MIP
Every professional member excluding companions are required to attend a number of Mandatory Continuing Professional Education Programmes (MCPEP) as specified by the Council and as contained in the bye-laws as a prerequisite for upgrading.
All newly elected members into the grades of the Associates and Members shall undergo Membership Induction Program (MIP) before the confirmation of their election into these grades.
Graduates and students registered for training shall become professional members only after satisfying requirements for membership as stipulated in the bye-laws.

20. Affiliates & Corporate Membership
Affiliates are companies or individuals with functional working relationship with the Institute.
Corporate members, firm, company, association, institution or other corporate or incorporated body may at the discretion of the Council, be admitted as a corporate member and admission as a corporate member shall not confer professional membership of the institute on any member of the company or organization. 

21. FINANCIAL PROVISIONS
The financial provisions of the NIM are as contained in part 2 of the Act Section 5.
The purpose of the NIM fund as contained in sections 5(2) & (3) include amongst others;
The remuneration and allowances of the Registrar and other staff of the Institute and all other expenditure incurred by the Council in the discharge of its functions under the Act.
Subsections (5) & (6) ensure for probity and accountability by providing that the Council shall keep proper accounts and records which shall be audited by an independent auditor in accordance with the guidelines supplied by the Auditor-General of the Federation.

22. PRINCIPAL OFFICERS OF THE INSTITUTE
The principal officers of the Institute shall be the President, Deputy President and a National Treasurer as in part I, section 2 of the Act.
They shall be financial members in the grades of Associates, Members and Fellows of the institute, to be elected annually at the first Council meeting after the Annual General Meeting and hold the same office for not more than 2 years continuously.

23. The president shall be the Chairman at meetings of the institute, but in the event of death, incapacity or inability for any reason of the President to act, the Deputy President shall Act in his stead for the un-expired portion of the term of office.
The President, Deputy President and the National Treasurer shall respectively be Chairman, Deputy Chairman and Treasurer of the Council.
If any of these principal officers ceases to be a member of the Institute, he or she shall cease to hold office.

24. THE GOVERNING COUNCIL OF THE NIM
The Governing Council is the body responsible for the day-to day running of the institute.
The Council can rightly be referred to as the “Management” of the institute.
The membership composition and other factors regulating activities of the Council are provided in section 3 and the 1st schedule to the Act. Section 3 (2) enumerates who the members of the Council shall be as follows;

25. The President of the Institute who shall be the Chairman;
The Deputy President who shall be the Vice- Chairman;
The Treasurer;
Four Vice-Presidents;
One person representing the Federal Ministry or other federal office in charge of establishment or management matters;
Six Zonal Chairmen elected every 2(two) years from the six Geo-political zones;

26. 12(twelve) other officers (besides the officers in (a) to (c) above) who are individual members of Council elected at the annual general meeting.
7(seven) corporate members nominated by the Council;
3(three) representatives from educational and training institutions nominated by the Council;
A chairman Board of Fellows;
Chairmen of committees of Council( who are elected Council members);
Past Presidents of the Institute and Chairmen of Council;
Any co-opted member(s) up to a maximum of 10.

27. The qualification and tenure of office of members of the Council are as contained in the first schedule to the Act.

28. REGISTRAR OF THE INSTITUTE
The Registrar is the Administrative Head of the Institute and the Secretary to the Council.
The power and the functions of the Registrar are as contained in Section 6 of the Act.
They include:
the preparation and maintenance of register of the names, addresses, approved qualifications and other relevant particulars as may be specified in the rules of all persons who are entitled to be enrolled as companions, fellows, members or associates.

29. Other functions are as contained in Section 6 of the Act, including
the record of the names of members of the Institute who are in default for more than twelve months in the payment of annual subscriptions and
take such action in relation thereto (including removal of the names of the defaulters from the Register) as the Council may direct or require.

30. REGISTRATION OF PROFESSIONAL MANAGEMENT PRACTITIONERS
(1) Subject to the rules made under Section 7 of the Act, a person shall be entitled to be enrolled or registered as a management practitioner if:
He passes the qualifying examination accepted by the Council and completes the practical training prescribed by the Institute under the Act; or
He holds any other qualification accepted by the Institute for the time being; or
He qualifies for enrollment as a member in any of the categories specified under subsection 4(a)-(d) of Section 1 of the Act.

31. An applicant for registration shall, in addition to evidences of qualification, satisfy the Council that-
(a) He is of good character;
(b) He has attained the age as prescribed in the Bye-Laws of the Institute; and
(c) He has not been convicted in Nigeria or elsewhere of an offence involving fraud or dishonesty.
(3) The Council shall, from time to time, publish particulars of qualifications for the time being accepted by the Council for registration.

32. PROFESSIONAL DISCIPLINE
Section 11(1) of the Act established a tribunal known as Professional Manager Disciplinary Tribunal. The tribunal is empowered to determine any case referred to it by subsection (b) of the Act.
The composition of the tribunal is such that consists of a Chairman of the Council and six (6) other members appointed by the Council.

33. Subsection (3) provides for a body to be known as Professional Management Investigation Panel and is charged with the following responsibilities;
Conducting a preliminary investigation into any case where it is alleged that a member has misbehaved in his capacity as a Professional Management Practitioner;
Deciding whether the case should be referred to the tribunal.

34. The Panel shall be appointed by the Council and shall consist of 2 members of the Council and 3 registered members who are not members of the Council.
The Council is further empowered to make rules or bye-laws as to acts, which constitute professional misconduct.

35. PENALTIES
The penalties for professional misconduct are as provided for under section 12 of the Act. Unprofessional conduct includes the following;
Infamous conduct in professional respect;
Conviction in law court of members of an offence (whether or not punishable with imprisonment) which is incompatible with the status of a professional management practitioner; or
Fraudulent registration of member.
The tribunal is empowered to either reprimand that person or order that his name be struck out of the register.

36. OFFENCES
Section 20(1) and (2) of the Act creates offences relating to or bordering on illegal registration of member and illegal use of titles.
Subsection (1) provides that if people for the purpose of procuring the registration of any name qualification or other matters:
Makes a statement which he believes to be false in a material particular; or
Recklessly makes a statement which is false in a material particular, that person is guilty of an offence.

37. Subsection (2) provides thus; if on or after the commencement of this Act, any person not a member of the Institute practices as a registered member of management, he is guilty of an offence.
Subsection (3) creates an offence in respect of registered member who holds himself out as, or takes or uses any name, title, addition or description implying that he is a Management Practitioner.
An offence is created in respect of facilitation or in any meddling with the register either by registrar or any other person under subsection (4).

38. Subsection (5) is the penalty section which provide for a punishment of
Summary conviction to a fine of an amount not exceeding N250, [Two hundred and fifty thousand Naira only];
On conviction to a fine of an amount not exceeding N250,000.00, or to imprisonment for a term not exceeding two years or both.

39. In respect of offences committed by a cooperate body, the cooperate body as well as director, manager, secretary or other similar officer found to have committed or consented to such offence shall be guilty of such offence and be punished accordingly. [Sub-section 6].

40. CONCLUSION
The NIM Act 2003 has redefined the roadmap for the professional Manager.
It is imperative for professional Managers to thoroughly acquaint themselves with the Act in order to ascertain the true spirit and intent of the Law governing the Institute.
In consonance with the Vision and Mission of the NIM, which is for the Nigerian Professional Manager to be;
The Source and symbol of management excellence.
A veritable change agent in strategic transformation
To deliver enduring stakeholder value in perpetuity

41. The behavioral expectation is aptly covered by the NIM Code of Conduct for Professional Managers.

42. THE NIM CODE OF CONDUCT:
“That I, as a professional Manager, will put service above self and will ever seek to find and employ more efficient and more economical ways of getting things done.
That I, as a professional Manager accept the most scrupulous and transparently honest and ethical process of thought, for all decisions in my daily work and be myself free of any fraudulent and corrupt practices and within my scope of authority treat all persons as being equal, and refuse to give special favours or privileges to anyone.
So help me God.”

43. REFERENCES:
Federal Republic of Nigeria (2003). The Nigerian Institute of Management (Establishment) Act. Lagos, Nigeria: Federal Government Press
Nigerian Institute of Management Council (2004). Nigerian Institute of Management (Chartered). The Values we share: Outline of strategic vision. Lagos, Nigeria: Graphix One.
Udoh Elijah Udom (1999). Adminisprudence a behavioral approach to managing ourselves and others. Ibadan: Spectrum Books Ltd.