The bureau shall be subject to the overall supervision of the Council to have power to:
(a)     Acquire, hold and manage moveable and immovable properties.
(b)     Enter into contract or partnership with any company, firm or person which in its opinion will facilitate the discharge of its functions.

(c)     Request for and obtain from any Public Enterprise statistics and other information including reports memoranda and audited accounts and other information relevant to its functions under the Act and
(d)     Liaise with relevant bodies or institutions locally or overseas for effective performance of its functions under the Act.

According to S.17 (1) of the Act, there shall be appointed for the bureau, a Director General who shall
(a)                 Be appointed by the President of the Federal Republic of Nigeria.
(b)                 Not to be below the rank of a permanent secretary in the Civil Service of the Federation.
The Director General shall be the chief executive of the Bureau and the secretary to the Council[1] and shall hold office for a period of four years in the first instance and may be re-appointed for a further period of four years and on such terms and conditions as may be specified in his letter of appointment[2].
There shall be established for the Bureau a management committee comprising the Director General and departmental head who shall be responsible for implementation of the policies of the Council and the day to day administration of the Bureau[3].
The Bureau may appoint such member of other persons to be employee of the Bureau in the performance of its functions under this Act[4] but this notwithstanding employees of the Bureau may be appointed by way of transfer or secondment from any of the public services of the Federation[5].
The Bureau being a mere implementation agency of the Council should not perform functions that conflict with or usurp that of the Council.
But I discover that the function of the Bureau under S. 13 (10) (e), that is issuing and selling shares and assets of an enterprise to be privatized is just the same as, and then, in direct conflict with that of the Council under S. 11(h). It may be argued that if there is such actual conflict, the functions, powers of the Council shall prevail, but I think that such inconsistencies will lead to uncertainty of roles or overlap or abandonment.
For this reason therefore, I submit that the Act be amended and functions be allotted to the Council and the Bureau in such a way there will be no doubt as to who is to do what and how.
The establishment of these bodies and their functions has gone to show how the objectives of Privatization and Commercialization are to be achieved. But this is not all. The Act has made some other provision that will see to the realization of these objectives.
The draftsman of the Act rightly observed that in the process of divesting and resting of shares and ownerships, disputes may arise. So provisions are made on how to go about legal proceedings arising therefrom.
S.23(1) of the Act provides that subject to the provisions of this Act, the provisions of the Public officers Protection Act shall apply in relation to any suit instituted against any officer or employee of the Bureau. The whole essence of this Act is to shield Public Officers from actions which their acts or omissions would normally have brought about. This is no doubt a violation of the Rule of Law as enunciated by Prof. A. C. Dicey that everybody should be treated equally under the law. That all who goes contrary to the law should be tried in the ordinary court of law. The big question we need to answer is what is so peculiar about officers and employees of the Bureau that warrants their exclusion from legal proceedings.

[1] S. 17 (2) of the Act
[2] S. 17 (2) (a) and (b) of the Act
[3] S. 17 (3) of the Act
[4] S. 17 (4) of the Act
[5] S. 17 (5) of the Act
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