Association of National Accountants of Nigerian Act 1993 (NG)

Association of National Accountants of Nigerian Act

An Act to establish the Association of National Accountants of Nigeria charged, among other things, with the responsibility of determining the standard of know-ledge and skill required of persons seeking to become members of the Association.

[Commencement. ] [25th August, 1993]

PART I

Establishment, etc., of the Association of National Accountants of Nigeria

1. Establishment of the Association of National Accountants of Nigeria, etc.

(1) There is hereby established a body to be known as the Association of National Accountants of Nigeria (in this Act referred to as “the Association”) which shall be a body corporate under that name and be charged with the general duty of-

(a) advancing the science of accountancy (in this Act referred to as “the profession”);

(b) determining the standards of knowledge and skill to be attained by persons seeking to become registered members of the profession and reviewing those standards, from time to time as circumstances may require;

(d) securing, in accordance with the provisions of this Act, the establishment and maintenance of a register of members of the profession and the publication, from time to time, of lists of those persons;

(e) doing such things as may advance and promote the advancement of the profession of accountancy in both the public and private sector of the economy; and

(f) performing, through the Council established under section 3 of this Act, the functions conferred on it by this Act.

(2) The Association shall have perpetual succession and a common seal which shall be kept in such custody as the Council established under section 3 of this Act may from time to time authorise.

2. Membership of the Association

Subject to the provisions of this Act, a person admitted to membership of the Association shall be registered as a member and shall be entitled to use the abbreviation “NNA” (Nigerian National Accountant) after his name.

3. Council of the Association

(1) There shall be, as the governing body of the Association, a Council which shall be charged with the administration and general management of the Association.

(2) The Council shall consist of-

(a) a President;

(b) a Vice-President;

(d) all immediate past presidents of the Association, including the Incorporated Association;

(e) three persons to represent the Federal, State and Local Governments in rotation;

(f) two persons who shall be members of the Association to represent institutions of higher learning in Nigeria offering courses leading to an approved qualification, in rotation, so however that the two shall not come from the same institution.

(3) The President and the Vice-President shall be nominated from the Council by members of the Association.

(4) The President and Vice-President shall each hold office for a term of two years from the date of their nomination, and the President shall be the Chairman at meetings of the Association, so however that in the event of the death, incapacity or inability for any reason of the President, the Vice- President shall act as President for the unexpired portion of the term of office and as Chairman, as the case may be and references in this Act to the president shall be construed accordingly.

(5) The President and the Vice-President shall respectively be Chairman and Vice-Chairman of the Council of the Association under this Act.

(6) If the President or the Vice-President ceases to be a member of the Association, he shall cease to hold any of the offices designated under this section.

(7) The provisions of the First Schedule to this Act shall have effect with respect to the qualifications and tenure of office of members of the Council and other matters therein mentioned.

[First Schedule.]

PART II

Financial Provisions

4. Fund of the Association

(1) The Council shall establish and maintain a fund for the purpose of this Act.

(2) There shall be paid into the fund of the Council-

(a) all fees and other moneys payable to the Council in pursuance of this Act; and

(b) such moneys as may be payable to the Council, whether in the course of the discharge of its functions or not.

(3) There shall be paid out of the fund of the Council established pursuant to subsection (1) of this section-

(a) the remuneration and allowances of the Registrar and other employees of the Council;

(b) such reasonable travelling and subsistence allowance of members of the Council in respect of the time spent on the business of the Council as the Council may approve;

(4) The Council may invest moneys in the fund in any security created or issued by or on behalf of the Federal Government or in any other securities in Nigeria approved by the Council.

(5) The Council may, from time to time, borrow money for the purposes of the Association and any interest payable on moneys so borrowed shall be paid out of the fund.

5. Accounts, etc.

The Council shall keep proper accounts on behalf of the Association in respect of each year and proper records in relation to those accounts and shall cause its accounts to be audited as soon as may be after the end of the year to which the accounts relate by a firm of auditors approved by the Association and, when audited, the accounts shall be submitted to the members of the Association for approval by them at the meeting of the Association.

PART III

Appointment of Registrar, etc., and preparation of the Register

6. Appointment of Registrar, etc., and preparation of the register

(1) The Council shall appoint a fit and proper person to be the Registrar for the purposes of this Act, and such other persons as the Council may, from time to time think necessary to assist the Registrar in the performance of his function under this Act.

(2) It shall be the duty of the Registrar to prepare and maintain, in accordance with rules made by the Council, a register of the names, addresses, approved qualifications, and of such other qualifications and particulars as may be specified in the rules of all persons who are entitled in accordance with the provisions of this Act to be registered as members of the Association and who, in the manner prescribed by such rules, apply to be so registered.

(3) Subject to the foregoing provisions of this section, the Council shall make rules with respect to the form and keeping of the register and the making of entries therein, and in particular-

(a) regulating the making of application for or registration, as the case may be, and providing for the evidence to be produced in support of such applications;

(b) providing for the notification to the Registrar, by the person to whom any registered particulars relate, of any change in those particulars;

(c) authorising a registered person to have any qualification which is in relation to the relevant division of the profession, whether an approved qualification or accepted qualification for the purposes of this Act; registered in relation to his name in addition to or, as he may elect, in substitution for any other qualifications so registered;

(d) specifying the fees, including any annual subscription, to be paid to the Association in respect of the entry of names on the register, and authorising the Registrar to refuse to enter a name on the register until any fee specified for the entry has been paid;

(e) specifying anything failing to be specified under the foregoing provisions of this section,

but rules made for the purposes of paragraph (d) of this subsection shall not come into force until they are confirmed at a meeting of the Association.

(4) It shall be the duty of the Registrar-

(a) to correct, in accordance with the Council’s directions, any entry in the register which the Council directs him to correct as being in the Council’s opinion an entry which was incorrectly made;

(b) to make, from time to time, any necessary alteration to the registered particulars of registered persons;

(d) to record the names of members of the Association who are in default for more than six months in the payment of annual subscriptions, and to take such action in relation thereto (including removal of the names of defaulters from the register) as the Council may direct or require,

(5) If the Registrar-

(a) sends by post to any registered person a registered letter addressed to him at his address on the register enquiring whether the registered particulars relating to him are correct and receives no reply to the letter within a period of six months from the date of posting it; and

(b) upon the expiration of that period, sends in like manner to the person in question a second similar letter and receives no reply to that letter within three months from the date of posting it,

the Registrar may remove the particulars relating to the person in question from the register:

Provided that, the Council may direct the Registrar to restore to the appropriate part of the register any particulars removed therefrom under this subsection.

7. Publication of register and list of corrections

(1) It shall be the duty of the Registrar-

(a) to cause the register to be printed, published and put on sale to members of the public not later than two years from the commencement of this Act; and

(b) thereafter in each year to cause to be printed, published and put on sale as aforesaid, either a corrected edition of the register or a list of corrections made to the register, since it was last printed; and

(c) to cause a print of each edition of the register and of each list of corrections to be deposited at the principal offices of the Association; and

(d) to keep the register and lists so deposited to be made available to members of the public at all reasonable times for inspection.

(2) A document purporting to be a print of an edition of a register published under this section by authority of the Registrar, or documents purporting to be prints of an edition of a register so published and of the list of corrections to that edition so published, shall (without prejudice to any other means of proof) be admissible in any proceedings as evidence that any person specified in the document, or the documents read together, as being registered was so registered at the date of the edition or of the list of corrections, as the case may be and that any person not so specified was not so registered.

(3) Where in accordance with subsection (2) of this section, a person is, in any proceeding shown to have been or not to have been registered at a particular date, he shall, unless the contrary is proved, be taken for the purposes of those proceedings as having at all material times thereafter continued to be, or not to be so registered.

PART IV

Registration

8. Registration of members

(1) Subject to section 9 of this Act and to rules made under section 6 (3) of this Act, a person shall be entitled to be registered as a member of the profession if he satisfies the Council that-

(a) immediately before the commencement of this Act, he holds a qualification approved for membership of any of the professional bodies mentioned in the Fourth Schedule to the Act or any other professional accounting body approved by the Minister on the recommendation of the Council;

[Fourth Schedule.]

(b) before the 1st January 1979, he was a graduate in accountancy of any Nigeria university with three years’ post-qualification experience;

(c) he is a citizen of Nigeria and was immediately before the commencement of this Act, the Accountant-General, Auditor-General or chief accountant in the public service of the Federation or a Director of the State Internal Revenue or a chief accountant of any company quoted at the Nigerian Stock Exchange provided he possesses a Bachelor’s degree in Accountancy or an equivalent qualification in Accountancy;

(d) he has obtained an approved degree in Accountancy and passed the professional examination conducted by the Nigerian College of Accountancy and had completed the accountant-in-training programme.

(2) Subject as aforesaid, a person shall also be entitled to be registered under the Act if he holds such certificate as may be recognised by the Council from time to time.

(3) An application for registration under this Act shall in addition to evidence of qualification, satisfy the Council that-

(a) he is of good character;

(b) he has attained the age of twenty-five years; and

(4) The Council may, in its sole discretion provisionally, accept a qualification produced in respect of an application for registration under this section or direct that the application be renewed within such period as may be specified in the direction.

(5) Any entry directed to be made in the register, under subsection (4) of this section, shall show that the registration is provisional and no entry so made shall be converted to full registration without the consent of the Council signified in writing in that behalf.

(6) The Council shall, from time to time, publish in the Gazette particulars of qualifications for the time being accepted for registration under this Act.

9. Approval of qualifications, etc.

(1) The Council may approve any institution for the purposes of this Act and may for those purposes approve-

(a) any course of training at any approved institution which is intended for persons seeking to become or are already members of the accountancy profession and which in the opinion of the Council is designed to confer on persons completing it sufficient knowledge and skill for the practice of the profession;

(b) any qualification which, as a result of an examination taken in conjunction with a course of training approved by the Council under this section, is granted to candidates reaching a standard at the examination indicating in the opinion of the Council, that the candidates have sufficient knowledge and skill for the practice of the profession.

(2) The Council may, if it thinks fit, withdraw any approval given under this section in respect of any course, qualification or institution; but before withdrawing such an approval the Council shall-

(a) give notice that it proposes to do so to persons in Nigeria appearing to the Council to be persons by whom the course is conducted or the qualification is granted or the institution is controlled, as the case may be;

(b) afford each such person an opportunity of making to the Council representations with regard to the proposal; and

(c) take into consideration any representation made as respects the proposal in pursuance of paragraph (b) of this subsection.

(3) A course, qualification or institution shall not be treated as approved during any period the approval is withdrawn under subsection (2) of this section.

(4) Notwithstanding the provisions of subsection (3) of this section, the withdrawal of an approval under subsection (2) of this section shall not prejudice the registration or eligibility for registration of any person who by virtue of the approval was registered or was eligible for registration (either unconditionally or subject to his obtaining a certificate of experience) immediately before the approval was withdrawn.

(5) The giving or withdrawal of an approval under this section shall have effect from such date, either before or after the execution of the instrument signifying the giving or withdrawal of the approval, as the Council may specify in the instrument and the Council shall-

(a) as soon as may be, publish a copy of every such instrument in the Gazette; and

(b) not later than seven days before its publication as aforesaid, send a copy of the instrument to the Minister.

10. Supervision of instructions and examinations leading to approved qualifications

(1) It shall be the duty of the Council to keep itself informed of the nature of-

(a) the instruction given at approved institutions to persons attending approved courses of training; and

(b) the examinations as a result of which approved qualifications are granted,

and for the purposes of performing that duty, the Council may appoint, either from among its members or otherwise, persons to visit approved institutions or to observe such examinations.

(2) It shall be the duty of a person appointed under this section to report to the Council on-

(a) the adequacy of the instruction given to persons attending approved courses of training at institutions visited by him;

(b) the adequacy of the examinations attended by him; and

(c) any other matters relating to the institutions or examinations on which the Council may, either generally or in a particular case, request him to report,

but no such person shall interfere with the giving of any instruction or the holding of any examination.

(3) On receiving a report made in pursuance of this section, the Council may, if it thinks fit, and shall, if so required by the institution, send a copy of the report to the person appearing to the Council to be in charge of the institution or responsible for the examination to which the report relates, requesting that person to make an observation on the report to the Council within such period as may be specified in the request, not being less than one month beginning with the date of the request.

PART V

Professional Discipline

11. Establishment of Disciplinary Tribunal and Investigating Panel

(1) There shall be a tribunal to be known as the Association of National Accountants of Nigeria Disciplinary Tribunal (in this Act referred to as “the Tribunal”) which shall be charged with the duty of considering and determining any case referred to it by the Investigating Panel established by the following provisions of this section and any other case of which the Tribunal has cognisance under the following provisions of this Act.

(2) The Tribunal shall consist of the Chairman of the Council and six other members of the Council appointed by the Council.

(3) There shall be a body to be known as the Association of National Accountants of Nigeria Investigating Panel (in this Act referred to as “the Panel”) which shall be charged with the duty of-

(a) conducting a preliminary investigation into any case where it is alleged that a person registered has misbehaved in his capacity as a member or should for any other reason be the subject of proceedings before the Tribunal; and

(b) deciding whether the case should be referred to the Tribunal.

(4) The Panel shall be appointed by the Council and shall consist of four members of the Council one of whom shall not be a member of the Council.

(5) The provisions of the Second Schedule to this Act shall, so far as applicable to the tribunal and panel respectively, have effect with respect of those bodies.

[Second Schedule.]

(6) The Council may make rules not inconsistent with this Act as to acts which constitute professional misconduct.

12. Penalties for unprofessional conduct, etc.

(1) Where-

(a) a person registered under this Act is judged by the Tribunal to be guilty of infamous conduct in any professional respect; or

(b) a person is convicted, by any court or tribunal in Nigeria or elsewhere having power to award imprisonment, of an offence (whether or not punishable with imprisonment) which in the opinion of the Tribunal is incompatible with the status of a member of the profession; or

the Tribunal may, if it thinks fit, give a direction reprimanding that person or ordering the Registrar to strike his name off the relevant part of the register.

(2) The Tribunal may, if it thinks fit, defer its decision as to the giving of a direction under subsection (1) of this section until a subsequent meeting of the Tribunal; but-

(a) no decision shall be deferred under this subsection for periods exceeding two years in the aggregate; and

(b) no person shall be a member of the Tribunal for the purposes of reaching a decision which has been deferred or further deferred, unless he was present as a member of the Tribunal when the decision was deferred.

(3) For the purposes of subsection (1) (b) of this section, a person shall not be treated as convicted, unless the conviction stands at a time when no appeal or further appeal is pending or may (without extension of time) be brought in connection with the conviction.

(4) When the Tribunal gives a direction under subsection (1) of this section, the Tribunal shall cause notice of the direction to be served on the person to whom it relates.

(5) A person to whom a direction relates may, at any time within 28 days from the date of service on him of notice of the direction, appeal against the direction to the Court of Appeal and the Tribunal may appear as respondent to the appeal and, for the purpose of enabling directions to be given as to the costs of the appeal and of proceedings before Court of Appeal, the Tribunal shall be deemed to be a party thereto whether or not it appears on the hearing of the appeal.

(6) A direction of the Tribunal under subsection (1) of this section, shall take effect where-

(a) no appeal under this section is brought against the direction within the time limited for the appeal, on the expiration of that time;

(b) an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal;

and shall not take effect except in accordance with the foregoing provisions of this subsection.

(7) A person whose name is struck off the register in pursuance of a direction of the Tribunal under this section, shall not be entitled to be registered again except in pursuance of a direction in that behalf and a direction under this section for the striking off of a person’s name from the register, may prohibit an application under this subsection by that person until the expiration of such period from the date of the direction (and where he has duly made such an application, from the date of his last application) as may be specified in the direction.

PART VI

Miscellaneous

13. Application of this Act to unregistered persons

Any person not a member of the Association of National Accountants of Nigeria incorporated under the then Land Perpetual Succession Act (in this Act referred to as “the Incorporated Association”) who but for this Act, would have been qualified to apply for and obtain membership of the Incorporated Association may, within the period of three months beginning from the commencement of this Act, apply for membership of the Association in such manner as may be prescribed by rules made by the Council; and if approved, he shall be registered according to his qualification.

[Cap. 98 of 1958 Edition.]

14. When a person is deemed to practice as a member

(1) Subject to subsection (2) of this section, a person shall be deemed to practice as a member of the profession if, in consideration of remuneration received or to be received and whether by himself or in partnership with any other person-

(a) he engages himself in the practice of accountancy or holds himself out to the public as a member of the Association; or

(b) he renders professional service or assistance in or about matters of principle or detail relating to accountancy; or

(c) he renders any other service which may by regulations made by the Council, with the approval of the Minister, be designed as service constituting accountancy practice; or

(d) describes himself as a public national accountant.

(2) Nothing in this section shall be construed so as to apply to persons who, while in the employment of any Government, or engaged in commerce and industry perform the duties or any of the duties of an accountant.

15. Rules as to practice, etc.

(1) The Council may make rules-

(a) for the training of suitable persons in accounting methods and practice; and

(b) for the supervision and regulation of the engagement, training and transfer of such persons.

(2) The Council may also make rules-

(a) prescribing the amount and due date for repayment of the annual subscription;

(b) prescribing the form of licence to practice to be issued annually or, if the Council thinks fit, by endorsement on an existing licence; and

(c) restricting the right to practice in default of payment of the amount of the annual subscription where the default continues for longer than such period as may be prescribed by the rules.

(3) Rules when made under this section shall, if the chairman of the Council so directs, be published in the Gazette.

16. Provision of library facilities, etc.

The Association shall-

(a) provide and maintain a library comprising books and publications for the advancement of knowledge of accountancy, financial management, and cognate subjects as applied to all or any of the professional services provided by accountants engaged in public practice, industry and commerce or the civil service and such other books and publications as the Council may think necessary for the purpose;

(b) encourage research into financial management and such subjects as may be relevant to accountancy to the extent that the Council may, from time to time consider necessary.

17. Offences

(1) If any person, for the purpose of procuring the registration of any name, qualification or other matter-

(a) makes a statement which he believes to be false in a material particular; or

(b) recklessly makes a statement which is false in a material particular,

he shall be guilty of an offence.

(2) If, on or after the relevant date, any person who is not a member of the Association practices or holds himself out to practice for or in expectation of reward or takes or uses any name, title, addition or description implying that he is a member of the Association shall be guilty of an offence:

Provided that, in the case of a person falling within section 13 of this Act-

(a) this subsection shall not apply in respect of anything done by him during the period of three months mentioned in that section; and

(b) if within that period he duly applies for membership of the Association then, unless within that period he is notified that his application has not been approved, this subsection shall not apply in respect of anything done by him between the end of that period and the date on which he is registered or is notified as aforesaid.

(3) If the Registrar or any other person employed by or on behalf of the Association wilfully makes any falsification in any matter relating to the register, he shall be guilty of an offence.

(4) A person guilty of an offence under this section shall be liable-

(a) on summary conviction, to a fine of an amount not exceeding N10,000;

(b)on conviction on indictment, to a fine of an amount not exceeding N100,000 or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment.

(5) Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, Minister or other similar officer of the body corporate or any person purporting to act in any such capacity, he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be prosecuted and punished accordingly.

(6) In this section, “the relevant date” means the third anniversary of the coming into force of this Act or such earlier date as may be prescribed for the purposes of this section by order of the Minister published in the Gazette.

18. Regulations and rules

(1) Any regulations made under this Act, shall be published in the Gazette as soon as may be after they are made and a copy of any such regulations shall be forwarded to the Minister not later than seven days before they are published.

(2) Rules made for the purposes of this Act, shall be subject to confirmation by the Association at its next general meeting or at any special meeting of the Association convened for that purpose, and if annulled, shall cease to have effect on the day after the date of annulment, but without prejudice to anything done in pursuance or intended pursuance of any such rules.

19. Transfer to the Association of certain assets and liabilities

(1) On the commencement of this Act-

(a) all assets and liabilities held or incurred immediately before that day by or on behalf of the Incorporated Association shall, by virtue of this Act and without further assurance, vest in the Association and be held by it for the purposes of the Association;

(b) the Incorporated Association shall cease to exist; and

(c) subject to subsection (2) of this section, any act or thing made or done by the Incorporated Association shall be deemed to have been made or done by the Association.

(2) The provision of the Third Schedule to this Act shall have effect with respect to matters arising from the transfer by this section to the Association, of the property of the Incorporated Association and with respect to the other matters mentioned therein.

[Third Schedule.]

20. Interpretation

In this Act, unless the context otherwise requires-

“accountant-in-training” means a graduate of the Nigerian College of Accountancy undergoing the prescribed practical experience programme;

“Association” means the Association of National Accountants of Nigeria established by section 1 of this Act;

“Council” means the Council established as the governing body of the Association under section 3 of this Act;

“Disciplinary Tribunal” means the Association of National Accountants of Nigeria Disciplinary Tribunal established under section 11 of this Act;

“fees” includes annual subscription;

“Incorporated Association” means the Association of National Accountants of Nigeria incorporated under the Land (Perpetual Succession) Act;

[Cap. 98 1958 ed.]

“Investigating Panel” means the Association of National Accountants of Nigeria Investigating Panel established under section 11 of this Act;

“member of the Association” means a registered member of the Association;

“Minister” means the Minister charged with the responsibility for matters relating to Finance;

“Nigerian College of Accountancy” means the institution established as the training arm of the Association;

“NNA” means Nigerian National Accountant;

“President and Vice-President” means respectively the office-holders under those names in the Association;

“profession” means the profession of accountancy;

“Public National Accountant” means a member of the Association licenced to practice accountancy;

“register” means the register maintained in pursuance of section 6 of this Act.

21. Short Title

This Act may be cited as the Association of National Accountants of Nigeria Act.

___________________________

SCHEDULES

FIRST SCHEDULE

[Section 3 (7).]

Supplementary Provisions relating to the Council

Qualifications and Tenure of Office of Members of the Council

1. (1) Subject to the provisions of this paragraph, a member of the Council shall hold office for a period of three years beginning with the date of his appointment or nomination.

(2) Any member of the Association who ceases to be a member thereof shall, if he is also a member of the Council, cease to hold office on the Council.

(3) Any nominated member of the Council may, by notice in writing under his hand addressed to the President, resign his office and any appointed members may with the consent of the Minister in the same manner resign his office.

(4) A person who retires from or otherwise ceases to be a nominated member of the Council shall be eligible again to become a member of the Council, and any appointed member may be re-appointed.

(5) Nominations to the Council shall be held in such manner as may be prescribed by rules made by the Council.

(6) If for any reason, a member of Council vacates office and-

(a) such member was appointed by the Minister or any other body, the Minister or that body may appoint another fit person to fill that vacancy; or

(b) such member was nominated, the Council may, if the time between the unexpired portion of the term of office and the next general meeting of the Association appears to warrant the filling of the vacancy, co-opt a fit person for such time as aforesaid.

Proceedings of the Council

2. (1) Subject to the provisions of this Act, the Council may in the name of the Association make standing orders regulating the proceedings of the Association or of any committee thereof.

(2) The standing orders made under sub-paragraph (1) of this paragraph shall provide for decisions to be taken by a majority of the members and, in the event of an equality of votes, the President or the Chairman shall have a second or casting vote.

(3) Standing orders made for a committee shall be for the committee to report back to the Council on any matter referred to it by the Council.

(4) The quorum of the Council shall be five and the quorum of a committee of the Council shall be determined by the Council.

Meeting of the Association

3. (1) The Council shall convene the meeting of the Association on 30 April in every year or on such other day as the Council may, from time to time, appoint, so however, that if the meeting is not held within one year after the previous meeting, not more than fifteen months shall elapse between the respective dates of the two meetings.

(2) A special meeting of the Association may be convened by the Council at any time and if not less than twenty members of the Association so require, by notice in writing addressed to the Registrar of the Council setting out the object of the proposed meeting, and the Chairman of the Council shall convene a special meeting of the Association.

(3) The quorum of any meeting of the Association shall be twenty members and that of any special meeting of the Association shall be fifty members.

Meeting of the Council

4. (1) Subject to the provisions of any standing orders of the Council, the Council shall meet whenever it is summoned by the Chairman and if the Chairman is required to do so, by notice in writing given to him by not less than five other members he shall summon a meeting of the Council to be held within fourteen days from the date on which the notice is given.

(2) At any meeting of the Council, the President, or in his absence the Vice-President, shall preside; but if both are absent, the members present at the meeting shall appoint one of their number to preside at the meeting.

(3) Where the Council desires to obtain the advice of any person on a particular matter, the Council may co-opt him as a member for such period as the Council thinks fit; but a person who is a member by virtue of this sub-paragraph, shall not be entitled to vote at any meeting of the Council and shall not count towards a quorum.

(4) Notwithstanding anything in the foregoing provisions of this paragraph, the first meeting of the Council shall be convened after consultation with the Minister.

Committees

5. (1) The Council may appoint one or more committees to carry out on behalf of the Association or of the Council such functions as the Council may determine.

(2) A committee appointed under this paragraph shall consist of the number of persons determined by the Council of whom not more than one third may be persons who are not members of the Council.

(3) A person other than a member of the Council shall hold office on the committee in accordance with the terms of the letter by which he was appointed.

(4) A decision of a committee of the Council shall be of no effect until it is confirmed by the Council.

Miscellaneous

6. (1) The fixing of the seal of the Association shall be authenticated by the signature of the chairman or of some other members of the Council authorised generally or specially by the Association to act for that purpose.

(2) Any contract or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal, may be made or executed on behalf of the Association or of the Council, as the case may require, by any person generally or specially authorised to act for that purpose by the Council.

(3) Any document purporting to be a document duly executed under the seal of the Association shall be received in evidence and shall, unless the contrary is proved, be deemed to be so executed.

7. The validity of any proceedings of the Association or the Council or of a committee of the Council shall not be adversely affected by any vacancy in membership or by any defect in the appointment of a member of the Association or of the Council or of a person to serve on the committee or by reason that a person not entitled to do so took part in the proceedings.

8. Any member of the Association or of the Council and any person holding office on a committee of the Council, who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Council on behalf of the Association or on behalf of the Council thereof, shall forthwith disclose his interest to the President or to the Council, as the case may be, and shall not vote on any question relating to the contract or arrangement.

9. A person shall not by reason only of his membership of the Association be treated as holding an office in the public service of the Federation.

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SECOND SCHEDULE

[Section 11 (5).]

Supplementary Provisions relating to the Disciplinary Tribunal and Investigating Panel

The Disciplinary Tribunal

1. The quorum of the Disciplinary Tribunal shall be four of whom at least two shall be registered members.

2. (1) The Attorney-General of the Federation may make rules as to the selection of members of the Disciplinary Tribunal for the purpose of any proceeding, and as to the procedure to be followed and the rules of evidence to be observed in proceedings before the Disciplinary Tribunal.

(2) The rules shall in particular provide-

(a) for securing that notice of the proceedings shall be given at such time and in such manner as may be specified by the rule to the person who is the subject of the proceedings;

(b) for determining who, in addition to the person aforesaid, shall be a party to the proceedings;

(c) for securing that any party to the proceedings shall, if he so requires, be entitled to be heard by the Disciplinary Tribunal;

(d) for securing that any party to the proceedings may be represented by a legal practitioner;

(e) subject to the provisions of section 12 (5) of this Act, as to the costs of proceedings before the Disciplinary Tribunal;

(f) for requiring, in a case where it is alleged that the person who is the subject of the proceedings is guilty of infamous conduct in any professional respect, that where the Disciplinary Tribunal adjudges that the allegation has not been proved it shall record a finding that the person is not guilty of such conduct in respect of the matters to which the allegation relates; and

(g) for publishing in the Gazette notice of any direction of the Disciplinary Tribunal which has taken effect providing that a person’s name shall be struck off a register.

3. For the purposes of any proceedings before the Disciplinary Tribunal any member of the Disciplinary Tribunal may administer oaths and any party to the proceedings may file the registry of the High Court writs of subpoena ad testificandum and duces tecum, but no person appearing before the Disciplinary Tribunal shall be compelled-

(a) to make any statement before the Disciplinary Tribunal tending to incriminate himself; or

(b) to produce any document under such a writ which he could not be compelled to produce at the trial of an action.

4. (1) For the purpose of advising the Disciplinary Tribunal on questions of law arising in proceedings before it, there shall in all such proceedings be an assessor to the Disciplinary Tribunal who shall be appointed by the Council on the nomination of the Attorney-General of the Federation and shall be a legal practitioner of not less than seven years’ standing.

(2) The Attorney-General of the Federation shall make rules as to the functions of assessors appointed under this paragraph and in particular such rules shall contain provisions for securing-

(a) that where an assessor advises the Disciplinary Tribunal on any question of law as to evidence, procedure or any other matters specified by the rules, he shall do so in the presence of every party or person representing a party to the proceedings who appears thereat or, if the advice is tendered while the Disciplinary Tribunal is deliberating in private, that every such party or person as aforesaid shall be informed what advice the assessor has tendered; and

(b) that every such party or person as aforesaid shall be informed if in any case the Disciplinary Tribunal does not accept the advice of the assessor on such a question as aforesaid.

(3) An assessor may be appointed under this paragraph either generally or for any particular proceedings or class of proceedings and shall hold and vacate office in accordance with the terms of the letter by which he is appointed.

The Investigating Panel

5. The quorum of the Investigating Panel shall be three.

6. (1) The Investigating Panel may, at any of its meetings attended by all the members of the Investigating Panel, make standing orders with respect to the Investigating Panel.

(2) Subject to the provisions of any such standing orders, the Investigating Panel may regulate its own procedure.

Miscellaneous

7. (1) A person ceasing to be a member of the Disciplinary Tribunal or the Investigating Panel shall be eligible for appointment as a member of the Disciplinary Tribunal or Investigating Panel, as the case may be.

(2) A person may, if otherwise eligible, be a member of both the Disciplinary Tribunal and the Investigating Panel; but no person who acted as a member of the Investigating Panel with respect to any case shall act as a member of the Disciplinary Tribunal with respect to that case.

8. The Disciplinary Tribunal or the Investigating Panel may act notwithstanding any vacancy in its membership, and the proceedings of either body shall not be invalidated by any irregularity in the appointment of a member of that body or subject to paragraph 7 (2) of this Schedule, by reason of the fact that any person who was not entitled to do so took part in the proceedings of that body.

9. Any document authorised or required by virtue of this Act to be served on the Disciplinary Tribunal or the Investigating Panel shall be served on the Registrar.

10. Any expenses of the Disciplinary Tribunal or the Investigating Panel shall be defrayed by the Association.

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THIRD SCHEDULE

[Section 19 (2).]

Transitional Provisions as to Property, etc.

Transfer of Assets and Liabilities

1. (1) Every agreement to which the Incorporated Association was a party immediately before the commencement of this Act, whether in writing or not and whether or not of such a nature that the rights, liabilities and obligations thereunder could be assigned by the Incorporated Association, shall, unless its terms or subject matter make it impossible that it should have effect as modified in the manner provided by this sub-paragraph, have effect from the commencement of this Act, so far as it relates to assets and liabilities transferred by this Act to the Association, as if-

(a) the Association had been a party to the agreement;

(b) for any reference (however worded and whether express or implied) to the Incorporated Association, there were substituted, as respects anything falling to be done or after the commencement of this Act, a reference to the Association; and

(c) for any reference (however worded and whether express or implied) to a member or members of the Council of the Incorporated Association or an officer of the Incorporated Association, there were substituted, as respects anything falling to be done on or after the commencement of this Act, a reference to a member or members of the Council under this Act or the officer of the Incorporated Association who corresponds as nearly as may be to the member or officer in question of the Incorporated Association.

(2) Other documents which refer, whether specially or generally, to the Incorporated Association, shall be considered in accordance with sub-paragraph (1) of this paragraph so far as applicable.

(3) Without prejudice to the generality of the foregoing provisions of this Schedule, where, by the operation of this Act, any right, liability or obligation vests in the Association, the Association and all other persons shall, as from the commencement of this Act, have the same rights, powers and remedies (and, in particular, the same rights as to the taking or resisting of legal proceedings or the making or resisting of applications to any authority) for ascertaining, perfecting or enforcing that right, liability or obligation as they would have had if it had at all times been a right, liability or obligation of the Association.

(4) Any legal proceedings or application to any authority pending on the appointed day by or against the Incorporated Association and relating to assets or liabilities transferred by this Act to the Association may be continued on or after that day or against the Association.

(5) If the law in force at the place where any property transferred by this Act is situate provides for the registration of transfers of property, the law shall, so far it provides for alterations of a register (but not for avoidance of transfers, the payment of fees or any other matter) apply with the necessary modifications to the transfer of the property aforesaid; and it shall be the duty of the Association to furnish the necessary particulars of the transfer to the officer of the registration authority, and for that officer to register the transfer accordingly.

Transfer of Functions, etc.

2. (1) At its first meeting, the Council shall fix a date (not later than six months after the appointed day) for the annual meeting of the Association.

(2) The members of the Council of the Incorporated Association shall be deemed to be the members of the Council of the Association until the date determined in pursuance of the foregoing sub-paragraph when the Association shall have its first annual meeting and they shall cease to hold office at the conclusion of such meeting.

(3) Any person who, immediately before the appointed day, held office as the President or Vice- President of the Council of the Incorporated Association by virtue of the articles of the Incorporated Association shall on that day become the President or, as the case may be, the Vice-President of the Association, and shall be deemed to have been appointed-

(a) to that office in pursuance of the provision of this Act corresponding to the relevant provision in the said articles of the Incorporated Association; and

(b) on the date on which he took office, or last took office, in pursuance of the relevant provision of those articles.

(4) The members of the incorporated Association shall, as from the appointed day, be registered as members of the Association, and without prejudice to the generality of the provisions of this Schedule relating to the transfer of property, any person, who, immediately before the appointed day, was a member of the staff of the Incorporated Association shall on that day become the holder of an appointment with the Association with the status, designation and functions which correspond as nearly as may be to those which appertained to him in his capacity as a member of the staff.

(5) Any person being an office-holder on or member of the Council of the Incorporated Association immediately before the appointed day and deemed under this paragraph to have been appointed to any like position in the Association, or on the Council of the Association and thereafter ceasing to hold office otherwise than by reason of his misconduct, shall be eligible for appointment to office in the Association or to membership of the Council, as the case may be.

(6) All regulations, rules and similar instruments made for the purposes of the Incorporated Association and in force immediately before the appointed day shall, except in so far as they are subsequently revoked or amended by any authority having power in that behalf, have effect, with any necessary modifications, as if duly made for the corresponding purposes of the Association.

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FOURTH SCHEDULE

[Section 8.]

Professional Bodies

The Association of International Accountants (UK)
The Chartered Association of Certified Accountants (UK)
The Institute of Chartered Accountants of England and Wales
The Institute of Chartered Accountants of Scotland
The Institute of Chartered Accountants of Ireland
The Institute of Chartered Accountants of Canada
The Institute of Certified Public Accountants (USA)
The Institute of Company Accountants (UK)
Chartered Institute of Public Finance and Accountancy (UK)
The Chartered Institute of Management Accountants (UK)

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SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

1. Association of National Accountants of Nigeria Regulations.

2. Association of National Accountants of Nigeria Rules.

Association of National Accountants of Nigeria Regulations

[S.1. 12 of 1995.]

under section 13

[Commencement.] [14th September, 1995]

Membership

1. Number of members

The Association shall consist of an unlimited number of members.

2. Membership

The Association shall constitute the present members and such other persons as may be admitted to membership upon the terms and conditions contained in these Regulations.

3. Class of members

(1) There shall be one class of members of the Association.

(2) A member of the Association who is in public practice being entitled to use the professional designation of “National Accountant” and to use after his name the initials NNA (Nigerian National Accountant).

4. Qualifications for membership

No person shall be eligible for admission as a member of the Association unless-

(a) he is a member of a professional accountancy body as may from time to time be approved by the Council; or

(b) he is a graduate in accountancy of any Nigerian university or such other approved overseas universities with 3 years’ post-qualification experience inclusive of the National Youth Service Corps and the degree was obtained not later than June 1995; or

(c) as at the date of application he is the holder of a position as an accountant or an auditor in either the public service of the Federation or of a State or in any extra-ministerial department or in the private sector of the economy or is self-employed as a practising accountant and is a fit and proper person to be a member; or

(d) he is a citizen of Nigeria and was immediately before the establishment of the Association, an Accountant General, an Auditor-General, or a Director of Budget or a Deputy or Assistant in any of these cadres or the Chief Accountant in either the public service of the Federation or of a State or in any extra-ministerial department or a Commissioner or of a State Internal Revenue, of a Chief Accountant of any body corporate quoted on the Nigerian Stock Exchange, provided he possesses a Bachelor’s degree in Accountancy or an equivalent qualification in Accountancy; or

(e) he has passed the professional examination at the Nigerian College of Accountancy and completed the period of the accountant-in-training.

Practising Certificates

5. Issue of practising certificates

A member of the Association shall not practice the profession of public accountancy unless he possesses a valid certificate issued by the Association authorising him to practice.

6. Entrance fees and subscriptions

The fees and subscriptions payable by the members of the Association shall be determined by the rules made by the Association as amended, from time to time, and the annual subscriptions shall be liable to be paid in advance.

Admission of Members

7. Application for membership

All applications for admission to membership of the Association shall be made to the Council on the appropriate form, accompanied by such other information as the Council may, from time to time, determine and the Council shall have full discretion (subject only to these Regulations and to the Rules made thereunder) to determine the admission of an applicant, and no applicant shall be admitted as a member unless he has first satisfied the Council as to his professional status.

8. Compliance with regulations, etc.

A person shall, upon applying for admission, sign an undertaking that he shall, if admitted, and for as long as he is a member, observe the Regulations and Rules of the Association for the time being in force, and he shall not use the professional designation of “National Accountant” or such other designatory letters denoting membership except while as a member of the Association.

9. Cessation of membership on death

Any person ceasing by death, or otherwise to be a member of the Association, shall not, nor shall his representative have, any claim upon or interest in the funds of the Association and the provisions of these Regulations shall be without prejudice to the rights of the Association, at the time of his ceasing to be a member.

Cessation of Membership

10. Resignation of membership

(1) A member of the Association may resign his membership on giving notice to the Council, but shall remain liable to pay any subscription due from him as at the date of receipt of such notice.

(2) A member of the Association shall ipso facto cease to be member of the Association in the event of his annual subscription or such other contribution to the Association becoming payable, but shall nevertheless be liable to pay the amount of the annual subscriptions and such other arrears of subscription or other sums due by him to the Association, and shall remain liable for the payment of the arrears for the period that his membership continued until the date when all such subscriptions, arrears, and other sums were fully paid.

(3) The Council shall have power, in special cases, to suspend the operation of the provisions of sub-paragraph (2) of this regulation in the case of a person who has ceased to be a member under this regulation and the Council may at its discretion, re-admit the person to membership upon such conditions as it may deem fit in each circumstance.

11. Bankruptcy

If a member of the Association shall become bankrupt, or shall either individually or in partnership with a firm make or agree to make an assignment for the benefit of his creditors, or shall make any arrangement or composition with his creditors or shall take or attempt to take the benefit of any statutory provision for arrangement with his creditors, he shall cease to be a member, but at the discretion of the Council he may be re-instated with or without the payment of an entrance fee or membership subscription and the Council shall have the right to publish, in the Gazette or such newspaper or journal as it may elect, an announcement of the termination of his membership.

General Meeting

12. Annual General Meeting

An Annual General Meeting of the Association shall be held subject to the provisions of the Act.

13. Extraordinary and general meetings

The Council may convene an extraordinary general meeting and extraordinary general meetings may also be convened on such requisition by members of the Association as may be provided by the Act.

14. Omission to give notice

An omission to give notice of a meeting to or the non-receipt of such notice by any member of the Association shall not invalidate any resolution passed or any proceedings of such meeting.

Proceedings at General Meetings

15. Special business

All businesses of the Association which is transacted at an extraordinary general meeting and all that is transacted at an annual general meeting shall also be deemed special with the exception of the consideration of the accounts and balance sheets and the reports of the Council and of the Auditors, the nomination of members of the Council and of the officers retiring by rotation and fixing of the remuneration of the Auditor.

16. Quorum

No business of the association shall be transacted at any general meeting unless a quorum of twenty members is present at the time when the meeting proceeds to business. The quorum at any extraordinary general meeting of the Association shall be fifty.

17. Adjournment or dissolution

If within half-hour from the time appointed for the meeting, a quorum is not formed, the meeting if convened on the requisition of members shall be dissolved and in any other case it shall stand adjourned to the same day in the next week, at the same place or such other place as the President shall appoint, and if at such adjourned meeting a quorum is not present within half-hour from the time appointed for the meeting, the members present shall for purposes of that meeting form a quorum.

18. Unfinished business to be discussed

(1) The president may, with the consent of the members of any meeting at which a quorum is Present (and shall, if so directed by the meeting,) adjourn the meeting from time to time and from place to place, but no business shall be transacted at any adjourned meeting other than the business left unfinished at the meeting from which the adjournment took place.

(2) When a meeting is adjourned pursuant to sub-paragraph (1) of this regulation for ten days or more, notice of the adjourned meeting shall be given as in the case of an original meeting, save as aforesaid it shall not be necessary to give any notice of an adjournment or of the business to be transacted at an adjourned meeting.

19. President of the Council to preside at meetings of the Council

(1) The President of the Council shall preside at every general meeting of the Association and if there be no such Chairman, or if at any meeting he shall not be present within fifteen minutes after the time appointed for holding the meeting, or shall be unwilling to preside, the Vice-President of the Council shall preside and in his absence a member of the Council evaluated by the members present shall preside.

(2) Where no member of the Council is present to take the chair, the members present shall appoint one of their number to be the Chairman.

20. How resolutions are decided

At all general meetings of the Association, a resolution put to the vote of the meeting shall be decided by a show of hands by a majority of the members present and voting, unless before or upon the declaration of the result of the show of hands a poll be demanded in writing by the President or by elected five members present in person and entitled to vote and unless a poll be so demanded a declaration by the President of the meeting that a resolution has been carried by a particular majority, shall be conclusive and an entry made to that effect in the minute book of the Association, shall be conclusive evidence therefore, without proof of the number or proportion of the votes recorded in favour of or against such resolution.

21. How poll to be taken

If a poll is demanded in the manner specified in regulation 20 of the Regulations, it shall be taken at such time and place, and in such manner as the President of the Council shall direct and the result of the poll shall be deemed to be the resolution of the meeting at which the poll was demanded.

22. No poll in certain cases

No poll shall be demanded on the election of a President of a meeting or on any question of adjournment.

23. Equality of votes

In the case of an equality of votes, whether on a show of hands or on a poll, the Chairman of the meeting at which the show of hands takes place or at which the poll is demanded shall be entitled to a second or casting vote.

24. Consequence of a demand for a poll

The demand of a poll shall not prevent the continuance of a meeting for the transaction of any business other than the question on which a poll has been demanded.

25. Votes of members

Every member of the Association whose subscription shall have been paid for the current year shall be entitled to one vote at every meeting of the Association

26. Members in arrears

Save as herein expressly provided, no person shall, at a general meeting of the Association other than a member duly registered and who has paid every subscription and such other sum (if any) which shall be due and payable to the Association in respect of his membership, be entitled to be present or to vote on any question either personally or by proxy or as proxy for any other member.

27. Proxies

On a poll, votes may be given either personally or by proxy and a proxy shall be a member of the Association entitled to be present and liable to vote.

28. Instrument

(1) The instrument appointing a proxy as provided in the Schedule to these Regulations shall be in writing under the hand of the appointer or his attorney duly authorised in writing.

[Schedule.]

(2) The instrument appointing a proxy and the power of attorney (if any) under which it is signed or a certified copy thereof shall be deposited at the registered office of the Association at least seventy-two hours before the time appointed for holding the meeting at which the person’s name in such instrument proposes to vote, otherwise the person so named shall not be entitled to vote in respect thereof and the instrument appointing him shall be valid only for purposes of that meeting or its adjournment thereof.

29. Effect of vote by proxy

A vote given in accordance with the terms of an instrument of proxy shall be valid notwithstanding the previous death of the appointer or revocation of the proxy, provided that, no intimation in writing of the death or revocation shall have been received during office hours at least before the time fixed for holding that meeting.

Council of the Association

30. Composition of the Council

(1) The Council shall be deemed for all purposes to be the governing body of the Association.

(2) The Council shall consist of the number of members specified in the Act and shall be nominated by the Association of an annual general meeting on the recommendation of the Council.

31. Power to appoint additional members of Council

The Council may, from time to time, and at any time, appoint any member of the Association as a member of the Council, to fill a vacancy in the Council, provided that the prescribed maximum shall not be exceeded and any member so appointed shall retain his office only until the next annual general meeting and shall be eligible for re-nomination.

32. Age limit for Council membership

No person shall be eligible to hold office as a member of the Council, unless he is 40 years old and not more than 65 years of age.

33. Disclosure of personal interest

Any member of the Council or of a committee thereof, who has a personal interest in any contract or

arrangement entered into or proposed to be considered by the Council, or a committee thereof, shall forthwith disclose his interest to the Council or the committee, as the case may be, and shall not vote on any question relating to such contract or arrangement.

34. Restriction of voting in Council

No member of the Council shall be disqualified from acting as such only by reason of his being so interested, but he shall not be eligible to vote at the meeting of the Council on any matter relating to any operation, undertaking, or business in which he is interested, either individually or as a member of a partnership or as a director or officer of a body corporate or corporation, and if he shall so vote, his vote shall not be counted.

Powers of the Council

35. Power of the Council

(1) The business of the Association shall be managed by the Council which may exercise all the powers of the Association and do on behalf of the Association all such acts as may be exercised and done by the Association and as are not by virtue of this Act or these Regulations required to be so exercised: provided that, it shall be done by the Association at a general meeting.

(2) No regulation made by the Association at a general meeting shall invalidate any prior act of the Council, which would have been valid, if such regulation has not been made.

36. Continuing members of the Council may act to fill vacancies or summon meetings

Notwithstanding any vacancy in the Council, the continuing membership on the Council may at any time be reduced in number to less than the maximum number prescribed by or in accordance with these Regulations and it shall be lawful for such members to continue to act at a general meeting of the members, but not for any other purpose.

Common Seal

37. Affixing of common seal

(1) The Association shall have a common seal which shall be kept in the custody of the Registrar who shall produce it when it is required for use by the Association.

(2) All legal matters required to be executed by the Association shall be signed by the President and the Registrar and sealed with the common seal of the Association.

(3) The common seal of the Association shall not be affixed to any instrument except by authority of a resolution of the Council, and in the presence of at least two members of the Council and the Registrar, and the members and Registrar shall sign every instrument to which the common seal shall be affixed in their presence and in favour of any purchaser or person bona fide dealing with the Association and such signatures shall be conclusive of the fact that the common seal was properly affixed.

38. How rules may be made or varied and the matters to which they may relate

(1) The Council may, from time to time, make rules for carrying on the business of the Association and may at any time at an annual general meeting vary any rules so made, and all rules so made and for the time being in force shall be binding on the members of the Association and shall have full effect accordingly.

(2) The subject of the rules referred to in sub-paragraph (1) of this regulation shall, among other things, include the matters set out hereunder, that is-

(a) the annual or other subscriptions or payment to be payable by members of the Association;

(b) the rights and privileges which shall be accorded to the members of the Association;

(c) the qualifications, restrictions and conditions which will be in accordance with the provisions of section 8 of the Act;

(d) the qualifying initials and designation to be used by members of the Association;

(e) committees connected with the management of the Association, the Registrar and all the officers of the Association (other than the auditors) and the appointment, removal, qualifications, disqualifications, duties, functions, powers and privileges of the Registrar and all other officers, of the Association (other than auditors) and members of the committees;

(f) branches or district centres committees;

(g) creation and maintenance of the fund of the Association;

(h) arrangements with other associations for reciprocal concession;

(i) the year-book of the association, journals, publication of papers or books or such other papers as may be conducive to the welfare and advancement of the objectives of the Association;

(j) the postal ballot for the purpose of nominating members of the Council and the procedure in connection therewith:

Provided that no rules shall be made pursuant to this regulation which would amount to such an addition or an alteration of those Regulations which may only lawfully be made at a special resolution of the Association.

Disqualification of Members of the Council

39. Vacation of office

The office of a member of the Council shall become vacant if-

(a) a receiving order is made against him; or

(b) he makes any arrangement with his creditors;

(d) he ceases to be a member of the Association;

(e) by notice in writing to the Association he resigns his office; or

(f) he ceases to hold office by virtue of any provisions of the Act.

Rotation of Membership of the Council

40. One third of members of Council to retire

(1) At an annual general meeting of the Association one third of the members of the Council for the time being or if their number is not a multiple of three, then the number nearest to but not exceeding one third, shall retire from office.

(2) A retiring member of the Council shall retain his office until the dissolution or adjournment of the meeting at which his successor shall be nominated or it is determined not to fill his place.

41. Retirement by rotation

(1) The members of the Council retiring shall be those who have been longest in office since their last nomination or appointment and as between members of equal seniority, the members to retire shall, in the absence of an agreement, be selected from among them by ballot.

(2) The length of time a member has been in office shall be computed from his last nomination or appointment.

(3) A retiring member of the Council may be eligible for re-nomination.

42. Renomination of retiring member

A retiring member of the Council eligible for re-nomination shall, unless he shall have signified his desire not to offer himself for re-nomination, be deemed to be nominated.

43. Vacancies to be filled

The Association may, at the meeting at which any member of the Council retires in any manner whatsoever, fill the vacant office of the member by nominating another member thereto unless at such meeting it shall be determined to reduce the number of members of the Council.

44. Notice to be given for re-nomination

(1) No person, except as a member of the Council, retiring at the meeting or seeking re-nomination, and on the recommendation of the Council, shall be eligible for nomination to the Council except if notice in writing shall be given to the Registrar not less than one month before the day appointed for the meeting and the notice shall be required to be signed by ten members duly qualified to vote on such nomination, and also the notice in writing signed by the person nominated of his willingness to be nominated.

(2) No nomination shall be valid if the person nominated, or any of his nominators, is under any pecuniary liability to the Association.

45. Removal of members

(1) In the event of any member of the Council failing to attend six consecutive meetings of the Council, of which he has been duly notified, the Council may, unless his absence was caused by illness (or other circumstances which in the opinion of the Council may cause his absence) resolve that he shall cease to be a member of the Council and the Association may nominate another member to fill the vacancy thus created.

(2) The Association may, by an ordinary resolution of which special notice shall have been given, remove any member of the Council before the expiration of his tenure of office, and may by an ordinary resolution appoint another member in his stead provided that any person so appointed shall retain his office for only such period as the member in whose place he was appointed would have held the same if he had not been removed.

Proceedings of the Council

46. Meetings of Council and quorum and casting vote of President

(1) The Council may meet together for the dispatch of its business, adjourn and otherwise regulate its meetings as it may think fit, and determine the quorum necessary for the transaction of its business and, unless otherwise determined by the Council, the quorum at every meeting of the Council shall be five.

(2) Questions arising at any meeting of the Council shall be decided by a majority of votes and in the case of an equality of votes, the President shall have a second or casting vote.

47. Fourteen days’ notice of meeting of Council required

(1) Council meetings shall be called by the Registrar at any time at the request of the president or of five members of the Council giving fourteen clear days’ notice to the members of the Council.

(2) A member of the Council who is absent from Nigeria shall not be entitled to notice of a meeting.

48. Nomination of President and Vice-President

(1) The Council shall, from time to time nominate one of their number to act as President and another as Vice-President, both of whom shall hold office for two consecutive years after the annual general meeting.

(2) The President, or in his absence the Vice-President, shall preside at all meetings of the Council and in their absence within thirty minutes after the time appointed for holding the meeting. The members of the Council present shall appoint one of their number to be the President for purposes of that meeting.

49. Quorum competent to exercise all the powers of Council

A meeting of the members of the Council for the time being at which a quorum is present shall be competent to exercise all the authority, powers and discretions by or under the regulations of the Association for the time being vested in the Council.

50. Committees of the Council

(1) The Council may appoint committees in accordance with the rules for the time being in force, and subject to any rules, the Council may delegate any of its functions to committees consisting of such number of members of the Council or of the Association as it thinks fit, and any committees so formed shall conform to any regulations imposed on it by the Council.

(2) The meetings and proceedings of any such committee shall be governed by the provisions of these regulations for regulating its meetings.

51. All acts done by Council or committees to be valid

All acts bona fide done at any meeting of the Council for any person acting as a member of the Council, or of any committee, notwithstanding that there was any defect in the appointment on the Council or committee or the appointment of any person or member of the Council or committee acting as aforesaid, or that they or any of them were not qualified at the time of their appointment, or have become disqualified shall be as valid as if such Council or committee were appointed without any defect.

52. Minutes of proceedings

The Council shall cause proper minutes to be kept of the proceedings of the meetings of the Association, Council or committees and all businesses transacted at such meetings or any such minutes of any meeting if purporting to be signed by the chairman of the meeting, or by the chairman of all succeeding meetings, shall be conclusive evidence of the proceedings therein without any further proof of the fact therein stated.

Disciplinary Tribunal

53. Disciplinary Tribunal

(1) A Disciplinary Tribunal shall be constituted with the powers and for purposes specified in section 11 of the Act.

(2) The Disciplinary Tribunal shall consist of the Chairman and six other members who shall be appointed by the Council from among the members of the Council and the quorum shall be four.

54. Membership of the Disciplinary Tribunal

All vacancies, from time to time, occurring in the Disciplinary Tribunal shall be filed by the Council, but the Disciplinary Tribunal may act notwithstanding any vacancy in its membership:

Provided that, the members shall not be less than four.

55. Suspension of membership

(1) The Disciplinary Tribunal shall meet at such times and in such places as may from time to time, be found expedient and minutes shall be kept of all proceedings of the Disciplinary Tribunal.

(2) The Disciplinary Tribunal may suspend any member of the Association, who is proved to the satisfaction of the Disciplinary Tribunal to have been guilty of a discreditable act or conduct and that member shall be stopped from the exercise of all rights and privileges as a member during such period as it may think fit, or it may censure any member for any act or conduct which in its opinion is so expedient:

Provided that, at least five members of the Disciplinary Tribunal are present at the meeting at which the suspension or censure shall be resolved.

(3) If any member of the Disciplinary Tribunal shall, in the opinion of the Investigation Panel be guilty or if any member shall either before or after his admission to the Association be accused of dishonourable conduct, or of conduct which would, in the absence of a satisfactory explanation, be derogatory to the ethics of the Association or render him unfit to remain a member, then the Investigation Panel shall send to such a member at his last registered address, a statement in writing of the conduct imputed to him and shall afford him an opportunity of giving an explanation personally or in writing, as he may elect.

(4) If, on the consideration of such explanation, or in the absence of any explanation, the Investigation Panel shall be of the opinion that the member ought to be excluded from the Association, it shall state its opinion in the form of a report to be laid before the Disciplinary Tribunal for further action.

56. Action on report

On any report being laid before the Council by the Disciplinary Tribunal, recommending the exclusion of a member, a meeting of the Council shall be convened and the member may be dealt with as the Council may think fit.

57. Suspension

(1) In the event of the suspension, removal or exclusion of a member, the Council shall be at liberty to cause a notice thereof to be published in such newspaper or journal as it may elect.

(2) In the event of the resignation, suspension, removal, or exclusion of a member, or of a member ceasing to be a member, for any other cause, every certificate of membership held by him, shall be delivered up to the Association to be retained during the period of his suspension.

58. Forfeiture of membership on the Council

If it shall appear that a member failed to give adequate information about himself or that the particulars given therein were incorrect or misleading so that the insufficient, inaccurate or misleading information might have been responsible for or have influenced, the granting of the application, the Council may by vote of two thirds of the members of the Council present exclude such member from further membership of the Association.

Register of Members

59. Register of members

The Council shall keep a register of members in respect of each State of the Federation and the Federal Capital Territory, Abuja and the register shall specify the name and address of every member for the time being resident in that State and the Federal Capital Territory, Abuja and the class in which such member is for the time being placed by the Council and the register shall be open to inspection by members of the public at all reasonable times.

Funds

60. Fund

(1) All monies, bills and notes belonging to the Association shall be deposited with the Association’s bankers in an account to be kept in the name of the Association.

(2) All cheques of the Association’s bankers, until otherwise resolved by the Council, shall be signed by the President, Registrar and such other member of the Council authorised so to do.

(3) The Association’s bank accounts shall be kept with such banker or bankers as the Council may, from time to time, determine.

Accounts

61. Accounts to be kept

(1) The Council shall cause true and correct accounts to be kept-

(a) of the assets and liabilities of the Association;

(b) of all monies received and expended by the Association and the matters in respect of which such receipts and expenditure were made; and

(2) The books of account of the Association shall be kept at the office, or at such other place or places as the Council may deem fit, and shall be open to inspection by members of the Council and the Association.

(3) The Association at a general meeting may, from time to time, make responsible conditions and regulations as to the time and manner for the inspection of the accounts and books of the Association or any of them by members of the Association or of the Council and subject to such conditions and regulations, the accounts and books of the Association shall be open for inspection by members at all reasonable times during business hours.

62. Annual accounts and reports

(1) Once, at least in every year, the Council shall cause to be prepared and laid before the Association at a general meeting an income and expenditure account for the previous year made up to a date not more than six months before such meeting.

(2) A balance sheet in respect of the accounts of the Association shall be made out in every year at the same date, and laid before the Association at a general meeting and every balance sheet shall be accompanied by a report of the Council as to the affairs of the Association generally and a report of the auditors, and a printed copy of such account, balance sheets, and reports shall not less than twenty clear days before the meeting be served on the auditors and on the members who are entitled to receive notice from the auditors and on the members who are entitled to receive notices from the Association in the manner in which notices are hereinafter directed to be served.

(3) At least once in every year the accounts of the Association shall be examined and the correctness of the income and expenditure of the account and balance sheet shall be ascertained by one or more auditors.

Notices

63. Notices to members

(1) A notice may be served by the Association upon any member either personally or by sending it through the post in a prepaid letter, addressed to the member at his last known registered address as appearing in the register of members.

(2) Any member described in the register of members by an address not within Nigeria, shall, from time to time, give the Association an address within Nigeria at which notices may be served upon him at such address, but save as aforesaid, only those members who are described in the register of members by an address within Nigeria shall be entitled to receive any notice from the Association.

(3) Any summons, notice, order or such other document required to be sent to or served upon the Association, or upon any officer of the Association, may be sent or served by leaving the same, or sending it through the post in a pre-paid letter addressed to the Association or to such officers at the office.

(4) Any notice, if served by post, shall be deemed to have been served on the day following that on which the letter containing the same is put into the post, and in providing such service it shall be sufficient to prove that the letter containing the notice was properly addressed and put into the post office as a pre-paid letter.

Rules for regulating Proceedings

64. Rules for regulating procedure

(1) It shall be lawful for the Council, from time to time, to make rules regulating proceedings, rescind or alter rules, regulations, and standing orders for regulating its proceedings and the procedure of the Association and the management of the members thereof, for the calling of notices, of procedure at meetings, nominations, the service of documents and for all other matters affecting the Association:

Provided always that no rule, regulation or standing order shall have any validity or effect which is contrary to the provisions of these Regulations as can only lawfully be made by a special resolution of the Association; accordingly a rule, regulation or standing order of the Association shall not be made except by a resolution of the Council passed by a majority of two thirds of the members present and voting at a meeting of the Council.

Registered Office

65. Registered office

The registered office of the Association shall be No. 248 Herbert Macaulay Street, Yaba, Lagos or at such other place or places as the Council may, from time to time, determine and where any change in the place of the registered office of the Association shall occur it shall be notified in writing to all members of the Association within seven days of the change being made.

66. Income and property

The income and property of the Association whensoever derived shall, be applied solely towards the promotion of the objectives of the Association as provided in the Act and such other subsidiary legislation made thereunder and no portion thereof shall be paid or transferred directly, or indirectly, by way of dividend, bonus, or otherwise.

67. Remuneration

(1) Nothing in these regulations shall prevent the payment, in good faith, of reasonable and proper remuneration to any officer or servant of the Association or to any member of the Association in return for any service actually rendered to the Association, provided that no member of the Council shall be appointed to any salaried office of the Association, and no remuneration or other benefit in money or money’s worth shall be given by the Association to any member of the Council except repayment of out-of-pocket expenses or reasonable and proper rent for premises demised, or let to the Association.

(2) The provisions of sub-paragraph (1) of this regulation shall not apply to any payment to any body corporate or to a member of the Association made by a body corporate in which the member shall hold not more than one hundredth part of the share capital, and the member shall not be bound to account for any share of profits he may receive in respect of any such payment.

68. Submission to Minister

No addition, alteration, or amendment shall be made to these Regulations for the time being in force unless the same shall have been submitted to the Minister.

Interpretation

69. Interpretation

In these Regulations, unless the context otherwise requires-

“Act” means the Association of National Accountants of Nigeria Act;

[Cap. 26.]

“Minister” means the Minister charged with responsibility for Finance.

70. Citation

These Regulations may be cited as the Association of National Accountants of Nigeria Regulations.

SCHEDULE [Regulation 28.]

The Association of National Accountants of Nigeria

……………………………………………………………………………………………of…………………………………………………………………………………………

……………………………………………………………………………………………………………………….

being a member of the Association of National Accountants of Nigeria hereby

appoint…………………………………………………………………………………………………………………………of

……………………………………………………………………………………………………………………………………………………

a member of the Association of National Accountants of Nigeria and failing

him………………………………………………………………………………………of ………………………………………………………

…………………………………………………………………………………………….

another member of the Association of National Accountants of Nigeria, as my proxy to vote on my behalf at the annual general meeting of the Association of National Accountants of Nigeria to be held

on the …………day of ……………………………………………. 20………………

or at any adjournment date.

As witness my hand this ……………….day of ……………………………………….20 ……………………..

Association of National Accountants of Nigeria Rules

[S.1. 13 of 1995.]

under sections 6 and 18

[Commencement. ] [14th September, 1995]

1. Financial year

The Association’s financial year shall commence on the first day of January in each year and the Association’s subscription year shall commence on the first day of January in each year.

Membership

2. Direct membership

(1) As from the 31st December 1996, the members of the accountancy bodies mentioned in the First Schedule to these Rules shall cease to be accepted for direct membership of the Association and the holders of the qualifications mentioned in the Second and Third Schedules to these Rules shall cease to be admitted as direct members of the Association from 1st January 1996.

[First, Second and Third Schedules.]

(2) A person shall not be qualified to become a member of the Association unless-

(a) he has obtained an approved degree or a Higher National Diploma in Accountancy; or

(b) he has passed the professional examination at the Nigerian College of Accountancy which shall be established and administered by the Association; or

(3) The Council shall, from time to time, publish the list of universities whose award of degrees are approved for admission into the Nigerian College of Accountancy; however, a degree in Accountancy obtained from any of the Nigerian universities and polytechnics shall be deemed an acceptable qualification for membership of the Association.

(4) The Council may approve a degree in Accountancy from any overseas universities, if it deems it fit and is satisfied that the course of study and the standard of examination are comparable and equivalent to those of Nigerian universities; however, final certificates of the bodies of accountants recognised by the Act are acceptable as qualification for membership of the Association.

3. Admission and election of members

All applications for admission to membership of the Association shall be submitted on the prescribed form to the membership committee of the Association, whose duty it shall be to enquire into the professional experience, standing and general character of the applicant and the committee’s recommendation in each case shall be submitted to the Council.

4. Power to grant or refuse admission

The members of the Council shall consider each application together with the membership committee’s report thereon, and shall in its absolute discretion determine the conditions upon which an applicant shall be admitted to membership of the Association, or it may adjourn the consideration of any application and postpone the election of an applicant, or may refuse to admit an applicant to membership without disclosing the reason for such refusal and the Council’s decision in all matters relating to admission to membership shall be final.

5. Re-admission to membership

In case of a person whose membership has ceased in accordance with the provisions of the Act or the Regulations made thereunder, the Council may, by unanimous resolution at a meeting convened with notice of the object, and upon such conditions as it may think fit, admit or refuse to readmit an applicant without disclosing any reason for such refusal.

6. Age of admission

No person shall be eligible for admission as a member of the Association unless he has attained the age of twenty-five years.

7. Entrance fee

Every application for membership of the Association shall be accompanied by the entrance fee, which shall be non-refundable.

8. Members entitled to use designation and distinctive letters

Any person who is elected to membership of the Association shall, while he remains a member of the Association, be entitled to use the professional designation of “National Accountant” indicating that he is a member of the Association and to use after his name, the initial NNA (Nigerian National Accountant).

9. Certificate of membership

(1) Every member of the Association shall on admission be entitled to a certificate of membership under the common seal of the Association, but such certificate shall at all times remain the property of the Association, and shall be returned to the Association on demand.

(2) In the event of the registration, removal, exclusion or suspension of a member, or of a member for any other cause, the certificate of membership held by him shall be delivered up to the Association to be cancelled or retained during the period of suspension.

10. Restriction on use of designation and distinctive letters

A member of the Association practising in partnership with any person not being a member of the Association shall not use after the title of that firm the initials “NNA” or describe the firm in any way whatsoever as “Public National Accountants”.

Annual subscription

11. Annual subscription

(1) Non-practising members of the Association shall, for the time being, pay an annual subscription as may be published annually by the Council.

(2) Any member of the Association who fails to pay the annual subscription by the following 1st day of April, shall cease to be a member of the Association, and his name shall be removed from the Association’s register without any formal notice.

(3) The Council may in its discretion and on the application of a member reduce the subscription payable for any particular year if the member has attained the age of 65 years and has retired from practice and all other business activities or from employment.

(4) A full year’s subscription shall be payable on application for membership.

(5) All subscriptions, other than subscriptions payable on admission, shall be payable in advance on the first day of January in each year.

12. Membership of the Association

(1) In accordance with the provisions of section 3 of the Act the membership of the Council shall be eighteen and the members shall from among themselves appoint the following officers for the purpose of executing the Council decisions and policies-

(a) the President;

(b) the Vice-President;

(d) the Treasurer; and

(e) the Membership Secretary.

(2) The incoming President who shall have held office for a period of twelve months in that capacity, shall be appointed to understudy and succeed the president at the expiration of his tenure of office:

Provided that, the ascension to the post of President by the incoming President shall be subject to the approval of the Council on the recommendation of the President or any other member of the Council, not later than six months after the nomination; accordingly if the Council shall decide to change the incoming President to another member of the Council, such replacement shall only be eligible to complete the remaining period of the tenure of office of the President.

(3) New members of the Council shall be presented annually at a general meeting of the Association.

Committees of the Council

13. Committees

(1) The Council at its first meeting shall proceed to appoint the following committees, that is-

(a) Finance and General Purposes;

(b) Membership;

(d) Education and Training;

(e) Law and Parliamentary;

(f) Investigation Panel;

(g) Disciplinary Tribunal;

(h) Commercial and Industrial;

(i) Publicity and Conferences;

(j) Continuing Professional Education;

(k) Branches and District;

(l) Benevolent Fund;

(m) Research and Technical;

(n) Public Sector (Public Services);

(o) Examination; and

(p) such other committees as may be determined by the Council from time to time.

(2) Each committee shall consist of nine members, or such other number of members as the Council may deem necessary, unless otherwise determined by the Council; five members shall form a quorum of each of the committees and shall meet as and when required for the transaction of its business.

(3) At the first meeting of each committee, the members thereof shall appoint one of their member to act as chairman; so however, that a Council member shall not be qualified to be the Chairman of a branch or district committee.

(4) The Council shall have the power to fill any vacancies on any committee of the Council and to suspend or remove any member for misconduct.

(5) The President and Vice-President of the Council, for the time being shall be ex-officio members of all committees of the Council.

(6) Each committee of the Council shall exercise such powers and perform such duties as are specified by the Council, or as may be vested in or assigned to it by the Council from time to time, and all matters dealt with shall be submitted to the Council at the next succeeding meeting of the Council.

Power and Duties of Committees

14. Powers and duties of Committees

The powers and duties of the committees shall be as follows-

(a) the Finance and General Purposes Committee shall deal with all matters relating to-

(i) the accounts and financial affairs of the Association;

(ii) the sanctioning of items of expenditure, and drawing and signing of cheques thereof; and

(iii) the investment of the funds of the Association;

(b) the Membership Committee shall deal with all matters relating to-

(i) the consideration of applications for admission to membership of the Association;

(ii) the welfare of members; and

(iii) students and accountant-in-training registration;

(i) scrutinising all applications for practising certificates and interviewing of members who wish to set up public practice and make recommendations to the Council;

(ii)setting, from time to time, auditing standards and formulating accounting standards to be adhered to by members of the association whether as practitioners or non-practitioners; and

(iii) promoting interaction between the Association’s practitioners;

(d) the Education and Training Committee shall advise and report to the Council on all matters relating to the professional examinations, practical experience training, including regulations for the conduct of professional examinations and supervising the Nigerian College of Accountancy;

(e) the Law and Parliamentary Committee shall deal with all matters relating to-

(i) bills and proposals made or actions taken by any extra-ministerial department, body corporate or association of individuals affecting the interest of the members of the Association as a whole; and

(ii) all legal matters and to investigating all matters reported to it;

(f) the Investigating Panel shall deal with the investigation of all matters referred to it by the Council in accordance with section 11 (3) of the Act;

(g) the Disciplinary Tribunal, in pursuance of the provisions of section 11 of the Act, shall deal with all reports of the Investigating Panel on matters relating to-

(i) unprofessional conduct of members; and

(ii) the conduct of members deemed to be derogatory to the Association;

(h) the Commercial and Industrial members employed in both the private and public sectors shall deal with-

(i) the creation of awareness among members employed in both the private and public sectors; and

(ii) the promotion of the image of the Association among various chambers of commerce and other business communities;

(i) the Publicity and Conference Committee shall deal with matters relating to the public image of the Association in collaboration with other professional and business organisations;

(j) the Continuing Professional Education Committee shall deal with matters relating to continuing professional education of members of the Association by organising and arranging short courses from time to time;

(k) the Branches and Districts Centres Committee shall deal with matters relating to-

(i) organising the branches and districts of the Association in the States of the Federation and the Federal capital Territory, Abuja; and

(ii) setting guidelines, supervising and controlling the branches and district;

(l) the Benevolent Fund Committee shall manage the fund contributed by members of the Association for the benefit of members in financial difficulty and families of deceased members who require financial assistance;

(m) the Research and Technical Committee shall sponsor and make provision, for the research on technical matters such as accounting, auditing taxation and management subjects and publish journals on accountancy and relevant business laws;

(n) the Public Sector (Public Services) Committee shall develop and advise members of the Association on matters relating to the public services administration including accounting, auditing and budgeting;

(o) the International Affairs Committee shall formulate policies, from time to time, of the Association’s relationship with overseas bodies of accountants and foreign governments;

(p) the Examinations Committee shall be responsible for obtaining, and rating, and assessing the question-papers for the professional examinations of the Association for the Nigerian College of Accountancy, and marking the examination scripts;

(q) the Council shall, from time to time, at its discretion, publish a list of the members, Regulations and Rules of the Association for the time being in force and the list of members of the Council.

Branches and District Centre

15. Branches, etc.

(1) When in the opinion of the Council, the members residing in an area are sufficient in number to warrant the formation of a Branch or District Centre of the Association, the Council may take such steps as it considered necessary to form such a Branch or District Centre.

(2) No Branch or District Centre shall be formed without the consent of the Council of the Association.

(3) On the formation of a Branch or District Centre and at all times during its existence, the Branch or District centre shall conduct its affairs in accordance with the regulations made by the Council from time to time.

(4) The Council shall have the right to dissolve a Branch or District Centre for any of the following reasons-

(a) non-compliance with the Rules specified by the Council; or

(b) the membership of the Branch or District Centre, in the opinion of the Council, warrants dissolution; or

(5) All expenses of the Branches or District Centres shall be defrayed by the Branch or District Centre, but the Council may make grants from the funds of the Association towards the formation and maintenance of the Branch or District Centre or deduct such amounts as in its opinion are reasonable having regard to the activities of the Branch or District Centre in connection with the furtherance of the objects of the Association.

16. Registrar

The Registrar of the Association shall be appointed by the Council upon such terms, and subject to such conditions as the Council shall deem fit, subject to the provisions of the Act and the Council may enter into an agreement containing the terms sealed with the common seal of the Association.

Public Practice

17. Practising certificate

(1) The condition for the issue of a practising certificate shall be that the member shows to the satisfaction of the Council that he has acquired experience in public practice as an accountant in that capacity as a practitioner assistant in the office of a member of the Association who is in public practice or any other approved practitioner’s office.

(2) In case of the direct and transitional arrangement membership, i.e. a member for a period of 30 months only, while for professional examination Nigerian College of Accountancy member, 12 months and 24 months if the accountant-in-training programme was obtained in public practice, and government or commerce or industry, respectively.

(3) Members of the Association in public practice shall be known and called Public National Accountants and the practice of accountancy shall only be full-time, therefore a member in any other gainful employment, whether in industry, government or commerce, shall not be eligible to practice as a Public National Accountant.

(4) A member practices as a Public National Accountant if he holds himself out whether expressly or by implications to be practising accountancy as a professionally qualified accountant or as an expert in accounting, auditing, taxation or management matters.

(5) A member practices accountancy if for reward he prepares, audits or examines financial accounting or issues any written opinion, report or certificate concerning any such statement.

(6) A member does not practice accountancy as aforesaid by reason only that he does so in the course of his duties as an employee of any other person.

(7) Only members of the Association holding valid practising certificates of the Association shall be known and called Public National Accountants.

(8) The practising certificate shall be renewable annually at the discretion of the Council and a member wishing to practice shall be required to make an application for the practising certificate.

(9) Any member who contravenes the provisions of this rule shall be guilty of an offence and liable to disciplinary action, which may include-

(a) the name of such member being struck off the register; or

(b) the suspension of the member for any period not exceeding one year; or

(d) an order that the member shall pay to the Association such sum as the Council thinks fit in respect of the cost and expenses of and incidental to the enquiry.

(10) In every case where the Council has exercised any of its disciplinary powers in respect of any member, the Council shall notify that member in writing accordingly and shall inform him of his right of appeal.

(11) In any case where the Council causes the name of a member of the Association to be removed from the register, the Council may, as part of its decision, fix a time before which the member whose name is so removed shall be disqualified from applying to the Association for re-admission.

(12) Only an auditor’s report or other statement fixed with the authorised seal issued by the Association shall be deemed to have been prepared and signed by a Public National Accountant.

18. Non refundable fee

Members of the Association making application for practising certificates shall, for the time being, pay a non-refundable application fee as may be prescribed by the Council as at the time of the receipt of the application.

Subversive Activity

19. Subversive activity

When it is established that a person is involved in any subversive activity against the Association, that person, if a member of the Association, shall be expelled for life from the Association; if however, the person is an applicant for membership of the Association, his action shall be sufficient reason to reject the application for membership.

Overseas Bodies

20. Relationship with overseas bodies

(1) Members of the Council or of any committee of the Council shall not act or represent the interests of any overseas body of accountants in any capacity whatsoever.

(2) Members of the Council or of any committee of the Council who so acts shall cease to be a member of the Council or of any committee of the Council.

(3) Furthermore, the case of the member referred to in sub-paragraph (2) of this rule may be referred to the Investigation Panel for necessary action.

21. Interpretation

In these Rules, unless the context otherwise requires-

“Act” means the Association of National Accountants of Nigeria Act.

[Cap. A26.]

22. Citation

These Rules may be cited as the Association of National Accountants of Nigeria Rules.

__________________

FIRST SCHEDULE

[Rule 2.]

(a) The Association of International Accountants (UK);

(b) The Chartered Association of Certified Accountants (UK);

(d) The Institute of Chartered Accountants (Scotland);

(e) The Institute of Chartered Accountant (Ireland);

(f) The Institute of Chartered Accountants (Canada);

(g) The Institute of Certified Public Accountants (USA);

(h) The Institute of Company Accountants (UK);

(i) The Chartered Institute of Public Finance and Accountancy (UK);

(j) The Chartered Institute of Management Accountants (UK).

_________________

SECOND SCHEDULE

[Rule 2.]

A graduate in accountancy from any Nigerian university or other approved overseas university who obtained his bachelor’s degree or Higher National Diploma in accountancy not later than 30 June 1975, and has been continuously engaged in a senior accounting position.

_________________

THIRD SCHEDULE

[Rule 2.]

A citizen of Nigeria who was, immediately before the commencement of this Act, an Accountant-General, Auditor-General, chief accountant in the public service of the Federation or of a State, Extra-Ministerial Department, or a Director of State Internal Revenue, or a chief accountant of any company quoted on the Nigerian Stock Exchange, provided that he possesses a Bachelor’s degree in Accountancy or its equivalent qualification in Accountancy.

Credit: Policy and Legal Advocacy Centre (PLAC)

Associated Gas Re-injection Act 1979 (NG)

Associated Gas Re-injection Act

An Act to compel every company producing oil and gas in Nigeria to submit preliminary programmes for gas re-injection and detailed plans for implementation of gas re-injection.

[Commencement.] [28th September, 1979]

1. Duty to submit preliminary programme for gas re-injection

Notwithstanding the provisions of regulation 42 of the Petroleum (Drilling and Production) Regulations made under the Petroleum Act, every company producing oil and gas in Nigeria, shall not later than 1 April, 1980 submit to the Minister a preliminary programme for-

[Cap. P10.]

(a) schemes for the viable utilisation of all associated gas produced from a field or groups of fields;

(b) project or projects to re-inject all gas produced in association with oil but not utilised in an industrial project.

2. Duty to submit detailed plans for implementation of gas re-injection

(1) Not later than 1 October, 1980, every company producing oil and gas in Nigeria shall submit to the Minister detailed programmes and plans for either-

(a) the implementation of programmes relating to the re-injection of all produced associated gas; or

(b) schemes for the viable utilisation of all produced associated gas.

(2) The fact that some of the gas produced in association with oil has been earmarked for some alternative utilisation shall not exempt compliance with section 1 of this Act and subsection (1) of this section.

3. Flaring of gas to cease

(1) Subject to subsection (2) of this section, no company engaged in the production of oil or gas shall after 1 January, 1984 flare gas produced in association with oil without the permission in writing of the Minister.

[1985 No.7.]

(2) Where the Minister is satisfied after 1 January, 1984 that utilisation or re-injection of the produced gas is not appropriate or feasible in a particular field or fields, he may issue a certificate in that respect to a company engaged in the production of oil or gas-

(a) specifying such terms and conditions, as he may at his discretion choose to impose, for the continued flaring of gas in the particular field or fields; or

(b) permitting the company to continue to flare gas in the particular field or fields if the company pays such sum as the Minister may from time to time prescribe for every 28.317 Standard cubic metre (SCM) of gas flared:

Provided that, any payment due under this paragraph shall be made in the same manner and be subject to the same procedure as for the payment of royalties to the Federal Government by companies engaged in the production of oil.

4. Penalty

(1) Where any person commits an offence under section 3 of this Act, the person concerned shall forfeit the concessions granted to him in the particular field or fields in relation to which the offence was committed.

(2) In addition to the penalty specified in subsection (1) of this section, the Minister may order the withholding of all or part of any entitlements of any offending person towards the cost of completion or implementation of a desirable re-injection scheme, or the repair or restoration of any reservoir in the field in accordance with good oil-field practice.

5. Power to make regulations

The Minister may make regulations prescribing anything requiring to be prescribed for the purposes of this Act.

6. Act to apply in Exclusive Zone

The provisions of this Act shall apply to the Exclusive Zone as they apply to land as defined in section 1 of the Petroleum Act.

[Cap. P10.]

7. Interpretation

In this Act, unless the context otherwise requires-

“Exclusive Zone” has the same meaning assigned thereto in the Exclusive Economic Zone Act;

[Cap. E17.]

“Minister” means the Minister charged with responsibilities for matters relating to Petroleum.

8. Short title

This Act may be cited as the Associated Gas Re-injection Act.

_______________________

SUBSIDIARY LEGISLATION

______________________________

List of Subsidiary Legislation

1. Associated Gas Re-injection (Continued Flaring of Gas) Regulations.

Associated Gas Re-injection (Continued Flaring of Gas) Regulations

[S.1. 43 of 1984.]

under sections 3 and 5

[Commencement.] [1st January, 1985]

1. Conditions for issuance of certificate for continued flaring of gas

As from the commencement of these Regulations, the issuance of a certificate by the Minister under section 3 (2) of the Associated Gas Re-Injection Act, for the continued flaring of gas in a particular field or fields, shall be subject to anyone or more of the following conditions, that is-

[Cap. A25.]

(a) where more than 75 per cent of the produced gas is effectively utilised or conserved;

(b) where the produced gas contains more than fifteen per cent impurities, such as N₂, H₂S, CO₂, etc., which render the gas unsuitable for industrial purposes;

Provided that, such failures are not considered too frequent by the Minister and that the period of anyone interruption is not more than three months;

(d) where the ratio of the volume of gas produced per day to the distance of the field from the nearest gas line or possible utilisation point is less than 50,000 SCF/KM:

Provided that, the gas-to-oil ratio of the field is less than 3,500 SCF /bbl, and that it is not technically advisable to re-inject the gas in that field;

(e) where the Minister, in appropriate cases as he may deem fit, orders the production of oil from a field that does not satisfy any of the conditions specified in these Regulations.

2. Power to review, etc.

The Minister may, from time to time, review, amend, alter, add to or delete any provision of these Regulations as he may deem fit.

3. Short title

These Regulations may be cited as the Associated Gas Re-Injection (Continued Flaring of Gas) Regulations.

Credit: Policy and Legal Advocacy Centre (PLAC)

Army Color (Prohibition of Use) Act 1977 (NG)

Army Color (Prohibition of Use) Act

An Act to prohibit the use of army green colour (as specified in the Schedule) by vehicles other than Nigerian Army vehicles.

[Commencement.] [4th April, 1977]

1. Prohibition of use of vehicles painted in army green

As from the commencement of this Act, it shall be unlawful for any person to drive or be in charge of any motor vehicle (not being a motor vehicle belonging to the Nigerian Army) painted in the colour specified in the Schedule to this Act.

[Schedule.]

2. Penalties, etc.

(1) Any person who contravenes the provisions of section 1 of this Act is guilty of an offence and liable on conviction to a fine of N200 or imprisonment not exceeding six months or to both such fine and imprisonment.

(2) Any motor vehicle operated in contravention of section 1 of this Act shall be liable to seizure as prescribed in subsection (3) below.

(3) Any police officer may seize or cause to be seized any motor vehicle operated as aforesaid and remove such vehicle to any premises under the control of the Government of the Federation of a State or of a Local Government or any agency of any such government; and-

(a) any police officer or any other person acting in pursuance of this subsection shall not be liable for any damage reasonably necessary for the purpose of seizing or removing the vehicle or of gaining access to any part of it in order to facilitate such seizure or removal;

(b) any Government or agency thereof shall not be liable for any damage attributable to sun, rain, wind or other physical conditions or for loss attributable to the foregoing or to the acts of third parties.

3. Reclaiming of impounded vehicles

Any motor vehicle impounded pursuant to this Act shall be released to the rightful owner thereof or to any other person who tenders to the official in charge of the premises referred to in section 2 (3) of this Act sufficient evidence of his entitlement to the custody of the vehicle if such claimant produces a letter under the hand of a superior police officer certifying that arrangements satisfactory to that superior police officer have been made to have the vehicle re-painted forthwith in a colour other than the colour specified in the Schedule to this Act.

[Schedule]

4. Interpretation

(1) In this Act unless the context otherwise requires-

“motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads;

“the Nigerian Army” means the body of that name set up under the Armed Forces Act.

[Cap. A20.]

(2) In this Act, references to a vehicle include references to any trailer or other thing attached to the vehicle but do not include references to the contents of the vehicle.

5. Short title

This Act may be cited as the Army Colour (Prohibition of Use) Act.

SCHEDULE

[Sections 1 and 3.]

Specification of Colour referred to in section 1

(a) Nomenclature;

Paint Finishing Quick Drying.

Enamel Vehicle High Spraying.

Nigerian Army Deep Bronze Green.

(b) Army Code;

HI/HA 8101-99-910-6730.

All shades of green within-

(i) Range: BS 4800-BS 38IC 1964;

(ii) Group B-C;

(iii) Code: 12B.29-298;

(iv) Munsellref2.5GY2/2-10GY ¾.

Credit: Policy and Legal Advocacy Centre (PLAC)

Armed Forces Pensions Act 1974 (NG)

Armed Forces Pensions Act

An Act to consolidate all enactments dealing with pensions, war pensions and disability benefits and gratuities for members of the armed forces of the Federation, (taking into account the new pensions and gratuities devised for the armed forces).
[Commencement.] [1st April, 1974]

1. Computation of pension or gratuity

(1) Subject to the provisions of this Act, any pension or gratuity payable to any serviceman under this Act shall be computed in accordance with the provisions of the First Schedule to this Act.
[First Schedule.]

(2) In the computation of pensionable service and qualifying service for the purposes of this Act‐
(a) where an officer served in any of the Armed Forces of the Federation during the period between 27 May, 1967 and 15 January, 1970 ‐
(i) each completed year of war service shall count as two years;
(ii) a period of war service exceeding four months and not included in a completed year shall count as one year; and
(iii) a period of war service not exceeding four months and not included in a completed year or in a period of the kind mentioned in sub‐paragraph (ii) of this subsection shall count as six months;

(b) any period of service (other than war service) over six months and not included in a completed year shall for the purposes of the First Schedule to this Act as relates to officers entitled to a pension, count as one year.
[First Schedule.]

(3) Pensions and gratuity already awarded under the provisions of any other enactment may be recalculated in order to take account of subsection (2) of this section.

2. Pension, etc., to be charged on revenue of Nigeria

There shall be charged on and paid out of the Consolidated Revenue Fund of the Federation all such sums of money as may from time to time be granted by the Federal Government by way of pension or gratuity in accordance with this Act.

3. Circumstances in which pension may be granted

(1) No pension or gratuity shall be granted under this Act to an officer holding a regular commission except on his retirement from service in the Armed Forces in one of the following cases‐
(a) at any time after serving for not less than fifteen years;
(b) on compulsory retirement under the provisions of section 5 (1) of this Act;
(c) on compulsory retirement for the purpose of facilitating improvements in the organisation of the armed forces by which greater efficiency or economy may be effected;

(d) at any time on medical evidence to the satisfaction of the Minister that he is incapable by reason of any infirmity of mind or body of discharging his military duties and that such infirmity is likely to be
permanent;
(e) in the case of removal on the ground of inefficiency as provided in section 4 of this Act;

(f) on voluntary withdrawal after putting in not less than ten years but less than fifteen years continuous services as an officer:
Provided that‐
(i) in respect of paragraphs (c) to (f) of this subsection, if the officer has served for not less than ten years but less than fifteen years before his retirement, he shall be entitled to only a gratuity as specified in the appropriate column of the Table in the First Schedule to this Act;
[First Schedule.]
(ii) if the officer has served for a minimum of three years but less than ten years before he is required to retire, he shall be entitled to an ex‐gratia gratuity calculated on pro‐rata basis at the rate often per cent for every completed year of service.

(2) No pension or gratuity shall be granted under this Act to an officer holding a short service commission except‐
(a) to such an officer who has been injured without his own default in circumstances specifically attributable to the nature of his duty, the Minister being satisfied on medical evidence that as a result of such injury he is incapable of discharging his duties in the service and that injury is likely to be permanent; or
(b) to such an officer who was granted such commission without break of service after service in the ranks, on retirement from the service in one of the cases specified in subsection (1) of this section.

(3) No pension shall be granted under this Act to another rank except on his retirement from the service in one of the following cases‐
(a) on or after the completion of fifteen years’ qualifying service;
(b) on or after the completion of ten years’ qualifying service and on medical evidence to the satisfaction of the Minister that he is incapable by reason of any infirmity of mind or body of discharging his duties
and that such infirmity is likely to be permanent:

Provided that, the Minister may grant a pension to another rank who has not completed ten years’ qualifying service, in a case where the other rank has been injured without his own default in circumstances specifically attributable to the nature of his duty, the Minister being satisfied on medical evidence that as a result of the injury he is incapable of discharging his duties and that the injury is likely
to be permanent; but the pensions to be awarded in this case shall be two per cent of the annual pensionable salary subject to a maximum of thirty per cent of the terminal salary of the other rank concerned;

(c) on discharge in consequence of a reduction of the establishment of the armed forces in the case of another rank who has completed not less than fifteen years’ service.

(4) No gratuity shall be granted under this Act to another rank except on his retirement from the service in one of the following cases‐
(a) on or after the completion often years’ qualifying service;
(b) at any time on medical evidence to the satisfaction of the Minister that he is incapable by reason of any infirmity of mind or body of discharging his duties and that such infirmity is likely to be permanent and is not self‐inflicted.
(5) No other rank who has been granted a gratuity under the provisions of subsection (4) of this section or other retiring benefit in respect of his service shall be permitted to draw a pension in respect of the same period of service under subsection (3) of this section unless he shall first have refunded such gratuity or retiring benefit.

4. Retirement for inefficiency

Where an officer is removed from the service on the ground of his inability to discharge his duties efficiently, and a pension or gratuity cannot otherwise be granted to him under the provisions of this Act, the Minister may, if he considers it justifiable having regard to all the circumstances of the case, grant such proportionate pension or gratuity as he thinks just and proper, not exceeding in amount that for which the officer would be eligible if he retired from the service in the circumstances described in paragraph (d) of subsection (1) or paragraph (a) of subsection (2) of section 3 of this Act.

5. Compulsory retirement and retirement on compassionate grounds

(1) It shall be lawful for the Minister to require an officer holding a regular commission to retire from the service at any time after he has attained the age of forty‐five years subject to three months’ notice in writing of such requirement being given.

(2) An officer holding a regular commission may, in extreme compassionate circumstances, be allowed to resign, to withdraw or, as the case may be, to retire from the service at any time on application in writing to the Minister.

6. Maximum and minimum pension

(1) A pension granted to an officer or other rank under this Act shall not exceed eighty per cent of the highest pensionable emoluments drawn by him at any time in the course of his military service.
(2) A pension granted to an officer or other rank under this Act shall not be less than N360 per annum.

(3) For the purposes of this section an additional pension granted in respect of injury shall not be taken into account; but where the officer or other rank is granted such an additional pension under this Act, the amount thereof together with the remainder of his pension under this Act shall not exceed one hundred per cent of his highest pensionable emoluments at any time in the course of his service.

7. Pension and gratuity to be paid to dependants, etc., where a serviceman dies in service

(1) Where a serviceman dies in the service after the completion of the minimum period of qualifying service, there shall be paid to his legal personal representatives, or to any person being a relation or dependant of such serviceman‐
(a) a gratuity equal to one year’s salary of such serviceman, up to 31 March, 1978 and the gratuity he would have been entitled to if he had retired on the date of his death after 31 March, 1978; and
(b) such pension as would have been payable to the serviceman if he had retired at the date of his death.

(2) Where a serviceman dies before completing the minimum period of qualifying service, his designated survivors shall be paid a death gratuity of only one year’s salary.

(3) Any pension payable under subsection (1) of this section shall be paid to any person entitled thereto for a period expiring at the end of five years after the death of the serviceman, so however that a lump sum representing five years’ pensions may be paid forthwith to the person entitled thereto.

8. Pension and gratuity to be paid to personal representatives, etc., where a serviceman is killed in course of duty

(1) Without prejudice to subsection (2) of this section where during his period of service, a serviceman dies as a result of injuries received in the course of his duties‐
(a) without his own default; and
(b) on account of circumstances specifically attributable to the nature of his duty, there shall be paid to his legal personal representative or, in any case where there is no legal personal representative, to any person being a trustee or heir of such serviceman a gratuity equal to one year’s salary of such serviceman a gratuity which the officer would have been entitled to on the date of his death, whichever is higher.

(2) In addition to the gratuity payable under subsection (1) of this section, there shall be granted‐
(a) if the deceased serviceman leaves a widow, a pension to her, for life while unmarried and of good character, at a rate not exceeding one third of his accrued pension at the date of his death;

(b) if the deceased serviceman leaves a widow to whom pension is granted under paragraph (a) of this subsection and a child or children, a pension in respect of each child, until such child attains the age of eighteen years, of an amount not exceeding one third of the pension prescribed in that paragraph; but where the deceased leaves only one child that child shall be entitled to two thirds of the deceased officer’s accrued pension until he attains the age of eighteen years, or if engaged in full‐time course of studies at an institution of higher learning, until he attains the age of 25 years;

(c) if the deceased serviceman leaves a child or children, but does not leave a widow or no pension is granted to the widow, a pension in respect of each child until such child attains the age of eighteen years, of double the amount prescribed by paragraph (b) of this section;
(d) if the deceased serviceman leaves a child or children and a widow to whom a pension is granted under paragraph (a) of this subsection and the widow subsequently dies, a pension in respect of each child as from the date of the death of the widow until such child attains the age of eighteen years, of double the amount prescribed by paragraph (b) of this subsection;

(e) if the deceased serviceman does not leave a widow, or if no pension is granted to his widow, and if his mother was wholly or mainly dependent on him for her support, a pension to the mother, while of good character and without adequate means of support, of an amount not exceeding the pension which might have been granted to the widow:

Provided that‐

(i) a pension shall not be payable under this subsection at any time in respect of more than four children;
(ii) in the case of a pension granted under paragraph (e) of this subsection, if the mother is a widow at the time of the grant of the pension and subsequently re‐marries, such pension shall cease as from the date of re‐marriage; and if it appears to the Minister at any time that the mother is adequately provided with other means of support, such pension shall cease as from such date as the Minister may determine;

(iii) a pension granted to a female child under this section shall cease upon the marriage of such child under the age of eighteen years;
(iv) where a deceased serviceman leaves more than one widow, the Minister may grant a pension or pensions to one or more of such widows not exceeding in the aggregate the total value of the pension which might be granted to a sole widow under the preceding provisions of this subsection;
(v) where a deceased serviceman leaves a widow to whom one third of his annual pensionable emolument has been granted and an only child, the Minister may grant to that only child a pension representing the balance of the deceased serviceman’s pensions, that is to say, two thirds thereof.

(3) For the purpose of this section, the word “child” includes‐
(a) a posthumous child;
(b) a child born out of wedlock the onus of the proof of paternity of which shall be on such child; and
(c) a step‐child or a child adopted in a manner recognised by law (including customary or Moslem law).

PART II
Disablement Provisions relating to War Service

9. Award for disablement

(1) Pension and gratuity to be awarded to a serviceman in respect of disablement of the serviceman due to war service in the armed forces shall be computed on the last pay of such serviceman in accordance with the provisions of the Second Schedule to this Act.
[Second Schedule.]

(2) A serviceman shall be regarded as disabled for the purposes of this section, if the termination of his service is necessitated or accelerated by an injury or condition due to war service.

10. Retrospection

Any awards under this Part to a disabled serviceman may be made retrospectively, so however that no such award shall be made to take effect before the termination of his services.

11. Gratuity for war service where no eligibility otherwise

Where a serviceman with war service is not, on the termination of his service, eligible for a pension or gratuity under this Act, the Minister may grant to the serviceman on the termination of his service either a gratuity calculated by multiplying one tenth of the serviceman’s last pay by the number of completed
months of his service or a gratuity equivalent to the serviceman’s salary for one year, whichever is the greater.

PART III
Miscellaneous and Supplementary

12. Pension and gratuity not to be assignable etc.

A pension or gratuity granted under this Act shall not be assignable or transferable or liable to be attached, sequestrated or levied upon for or in respect of any debt or claim whatsoever for the purpose of satisfying‐
(a) a debt due to the Federal Government; or
(b) an order of any court for the payment of periodical sums of money towards the maintenance of the wife or former wife or minor child of the serviceman of whom the pension or gratuity has been granted.

13. Payment of public claims out of pension and gratuity

Where the Minister is satisfied that‐
(a) a sum is due to the Federal Government from a person to whom a pension or gratuity mayor has been awarded under this Act; or
(b) an overpayment on account of any such pension or gratuity has been made to any person by the Federal Government, the Minister may authorise the deduction from the pension or gratuity, in respect of that sum or overpayment, of such amounts at such times as he may think fit; and the amounts so deducted shall be applied in or towards paying that sum or overpayment.

14. Delegation of powers

The Minister may by order published in the Federal Gazette delegate to another person or authority all or any of his powers under this Act, so however that‐
(a) the delegation of a power under this section above shall not prevent the Minister from continuing to exercise the power if he thinks fit;

(b) the delegation of powers under this section shall not extend to the power to make regulations under this Act.

15. Regulations

(1) The Minister, with the approval of the President, may by regulations make provisions generally for carrying into effect the provisions of this Act and in particular, but without prejudice to the generality of the foregoing, may by regulations amend the provisions of the First and Second Schedules to this Act.
[First and Second Schedules.]

(2) Whenever the Minister is satisfied that it is equitable that any regulation made under this section should have retrospective effect in order to confer a benefit upon or remove a disability attaching to any person, that regulation may be given retrospective effect for that purpose.

16. Interpretation

In this Act, unless the context otherwise requires‐
“Armed Forces of the Federation” means the Nigerian Army, the Nigerian Navy and the Nigerian Air Force;
“basic pay” means the daily rate of pay payable to an other rank, but does not include allowances;
“disabled” means physical or mental injury or damage, or loss of physical or mental capacity;
“ex‐serviceman” means a past member of the Armed Forces;
“free services element” means such amount as is prescribed in the First Schedule, as being the estimated value of free facilities including lodging, rations, clothing and medical attention;
[First Schedule.]
“last pay“‐
(a) in relation to a serviceman whose service has terminated, means the amount payable to him for a month (or if he was on a daily rate of pay, for thirty‐one days) in respect of the substantive rank held by him immediately before the termination of his service together with, in the case of a serviceman who is not an officer, the free services element;
(b) in the case of a serviceman who is not an officer, service and rank increments and the free services element;

“lodging” means the provision of furnished accommodation, fuel and light and personal service;
“medical board” means any medical board appointed by the Minister, or by any other person pursuant to a delegation under section 14 of this Act, to assess the degree of disablement of a serviceman;

“Minister” means the Minister charged with responsibility for military pensions;
“officer” means a person holding a commission in the Armed Forces;
“other rank” means a person enlisted in the Armed Forces and who is not holding a commission;
“pensionable emoluments“‐
(a) in respect of an officer, means the salary attached to the last substantive rank held by the officer but does not include any allowance whatsoever;
(b) in respect of an other rank includes‐
(i) the last pay attached to the last substantive rank held by the other rank; and
(ii) the free services element but does not include any other emoluments whatsoever;

“pensionable service” means service in the Armed Forces (including service or employment under the Government of the Federation or of a State or any other service approved by the Minister and which has been transferred to the Armed Forces) which may be taken into account in computing a serviceman’s
pension under this Act;

“qualifying service” means service in the Armed Forces (including service or employment under the Government of the Federation or of a State or any other service approved by the Minister and which has been transferred to the Armed Forces) which may be taken into account in determining whether a serviceman is eligible by length of service for a pension or gratuity;
“regular commission” does not include a short service commission;
“retirement” includes discharge and also cessation of service with the Colours on transfer to the Reserve;
“serviceman” means a present member of the Armed Forces;
“short service commission” means a commission granted for a specific term of years whether with an option to extend the term or otherwise;
“termination“, in relation to a serviceman’s service, means termination of full‐pay service by retirement, release, discharge, demobilisation, transfer to the Reserve or otherwise howsoever;

“war service” means any or all of the following, that is‐
(a) service in the Armed Forces after 27 May, 1967 and ending immediately before 17 January, 1970;
(b) service in connection with internal security operations, that is all operations in aid of civil authority in the maintenance of law and order;
(c) any other service as may be declared from time to time by order made by the President.

17. Short title, repeals and savings

(1) This Act may be cited as the Armed Forces Pensions Act.
(2) The enactments set out in the Third Schedule to this Act are hereby repealed, so however that pensions and gratuities already granted under the repealed enactments shall continue to be paid, or as the case may require, be paid as if granted under this Act and such pension and gratuity shall accordingly be recalculated in order to take account of the provisions of the Act where applicable or, as the case may require, of the Pensions Act.
[Third Schedule. Cap. P4.]

SCHEDULES

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Credit: Policy and Legal Advocacy Centre (PLAC)

Armed Forces Comfort Fund Act 1971 (NG)

Armed Forces Comfort Fund Act

An Act to establish the Armed Forces Comfort Fund primarily for the provisions of comfort and relief to the members of the Armed Forces.

[Commencement.] [29th December, 1971]

1. Establishment of the Armed Forces Comfort Fund

There shall be established a fund to be known as the Armed Forces Comfort Fund (in this Act referred to as “the Fund”) into which shall be paid all moneys received in terms of the Trust Deed made between the Federal Government of Nigeria and the Trustees of the Fund, that is to say-

(a) the moneys and contributions paid or credited to the Armed Forces Comfort Fund hereby established; and

(b) any further sums from time to time payable under the said Trust Deed; and moneys in the Fund together with interest (if any) payable in respect thereof shall be applied by the Trustees of the Fund for any of the purposes set out in section 2 of this Act.

2. Purpose of Fund

The Fund shall be available and applied for the following purposes, that is-

(a) for the relief of the members of the Armed Forces and their families in distress as a result of the exigencies of the civil war where this cannot be met from other official sources and is certified by the Chief of Staff (Nigerian Army), the Chief of Naval Staff or the Chief of Air Staff, whichever is appropriate, as constituting a fair charge against the Fund;

(b) for extra medical care for members of the armed forces and their families where government facilities are either inadequate or not immediately available;

(d) for making donations as appropriate to other funds or organisations which in the opinion of the Trustees are closely connected with and actively assisting in the war effort of the armed forces; and

(e) for the doing of such acts and things as may seem to the Trustees expedient and necessary for the trusts declared in the Trust Deed.

3. Disbursements from the Fund

Disbursements from the Fund shall be made in accordance with the rules under section 28 of the Finance (Control and Management) Act.

[Cap. F26.]

4. Short title

This Act may be cited as the Armed Forces Comfort Fund Act.

See also:

– Arbitration and Conciliation Act 1988

– Armed Forces Act 1994

Credit: Policy and Legal Advocacy Centre (PLAC)

Armed Forces Act 1994 (NG)

Armed Forces Act

An Act to provide for the command, maintenance and administration of the Armed Forces of the Federation.

[Commencement. ] [6th July, 1994]

Establishment and Composition of the Armed Forces

1. Establishment and functions of the Armed Forces

(1) There is hereby established for the Federation an Armed Forces which shall be maintained and administered as set out in this Act and comprise the Nigerian Army, the Nigerian Navy and the Nigerian Air Force (in this Act referred to as the “Army”, “Navy” and “Air Force”) respectively.

(2) The Armed Forces shall consist of such-

(a) establishments and number of equipment;

(b) officers and non-commissioned officers; and

as the President may, in consultation with the National Assembly, determine.

(3) The Armed Forces shall be charged with the defence of the Federal Republic of Nigeria by land, sea and air and with such other duties as the National Assembly may, from time to time, prescribe or direct by an Act.

(4) Notwithstanding the generality of the provisions of subsection (3) of this section-

(a) the Navy shall, in particular, be further charged with-

(i) enforcing and assisting in co-ordinating the enforcement of all customs, laws, including anti-bunkering, fishery and immigration laws of Nigeria at sea;

(ii) enforcing and assisting in co-ordinating the enforcement of national and international maritime laws ascribed or acceded to by Nigeria;

(iii) making of charts and co-ordinating of all national hydrographic surveys; and

(iv) promoting, co-ordinating and enforcing safety regulations in the territorial waters and the Exclusive Economic Zone of Nigeria;

(b) the Air Force shall, in particular, be further charged with-

(i) enforcing and assisting in co-ordinating the enforcement of international law, conventions, practices and customs ascribed or acceded to by Nigeria relating to aerial or space activities in the Nigerian air space;

(ii) co-ordinating and enforcing of national and international air laws acceded or ascribed to by Nigeria; and

(iii) delineating, demarcating and co-ordinating of all aerial surveys and security zones of the Nigerian air space.

(5) The authority conferred by this Act to maintain the Armed Forces shall include authority to raise and maintain units of or including women, and accordingly the provisions of this Act shall apply to women, subject to section 271 of this Act and to such modifications and adaptations as the President may by order specify from time to time.

2. Establishment of the Armed Forces Reserve

There shall be established and maintained by the Armed Forces an Armed Forces Reserve (in this Act referred to as “the Reserve”) which shall consist of such number of officers, warrant officers, non-commissioned officers, soldiers, ratings and aircraftmen who are transferred to it on completion of their period of service in the Armed Forces and in such other services as the President may prescribe.

3. Pay regulations, duties, recall, etc., of the Armed Forces Reserve

The President may make regulations governing the pay, duties and methods of recall of members of the Reserve and any other matters pertaining to the Reserve as seems to him necessary.

PART II

Establishment of Armed Forces Council

4. Establishment of the Armed Forces Council

(1) There shall be established for the Armed Forces a Council to be known as the Armed Forces Council (in this Act referred to as “the Forces Council”).

(2) The Forces Council shall consist of-

(a) the President who shall be the Chairman;

(b) the Minister of Defence;

(d) the Chief of Army Staff;

(e) the Chief of Naval Staff; and

(f) the Chief of Air Staff.

(3) The Permanent Secretary of the Ministry of Defence shall be the Secretary to the Forces Council.

(4) The Chairman may appoint a member of the Forces Council to perform the duties of the Chairman at any meeting of the Forces Council at which the Chairman is absent and the appointment may be either general or in respect of a particular meeting.

(5) If a member of the Forces Council is unable for any reason whatsoever to perform his duties as a member, he may, with the approval of the Chairman, nominate an officer in the Armed Forces to perform those duties during the period he is unable to do so.

(6) The Forces Council may whenever it deems it necessary co-opt any officer, public officer or any other person as a member of the Forces Council for the purpose of any particular meeting but that officer, public officer or other person shall not be entitled to vote at the meeting or count towards a quorum and his membership of the Forces Council shall cease at the end of that particular meeting unless the Forces Council otherwise decides.

5. Functions of the Forces Council

(1) Subject to the provisions of subsection (2) of this section, the Forces Council shall be responsible, under the general authority of the President, for the command, discipline and administration of, and for all other matters relating to the Armed Forces.

(2) The responsibility of the Forces Council shall not extend to the operational use of the Armed Forces.

6. Powers of the Forces Council

The Forces Council shall have power-

(a) to organise the work of the Forces Council and the manner in which it shall perform its functions and determine the duties and responsibilities of the members of the Forces Council;

(b) to delegate to any member of the Forces Council, by notification, any function and power of the Forces Council;

(d) to determine the procedure to be followed by the Forces Council in conducting its business, including its quorum; and

(e) to do such other things which the Forces Council may consider necessary or desirable to secure the better performance of its functions under this Act.

PART III

Command and Operational Use

7. Day-to-day command of the Armed Forces

(1) The Chief of Defence Staff shall, subject to the general direction of the President and of the National Assembly, be vested with the day-to-day command and general superintendence of the Armed Forces.

(2) Notwithstanding the provisions of subsection (1) of this section, the President may make regulations-

(a) as to the Service Chief in whom command over the respective service is vested; and

(b) as to the circumstance in which the command is to be exercised.

(3) Without prejudice to the generality of the provisions of subsection (2) of this section, regulations made under this section may provide for the duties, functions and powers of the Chief of Defence Staff and the respective Service Chiefs.

8. Operational use of the Armed Forces

(1) The President shall determine the operational use of the Armed Forces, but may, under general or special directives, delegate his responsibility for the day-to-day operational use-

(a) of the Armed Forces, to the Chief of Defence Staff;

(b) of the Army, to the Chief of Army Staff;

(d) of the Air Force, to the Chief of Air Staff.

(2) It shall be the duty of the Chief of Defence Staff, the Chief of Army Staff, the Chief of Naval Staff and the Chief of Air Staff, as the case may be, to comply with any directive given to them by the President under subsection (1) of this section.

(3) In this section, “operational use of the Armed Forces” includes the operational use of the Armed Forces in Nigeria for the purpose of maintaining and securing public safety and public order.

PART IV

Nigerian Army Council

9. Establishment and composition of the Nigerian Army Council

(1) There shall be established for the Army a council to be known as the Nigerian Army Council

(in this Act referred to as “the Army Council”).

(2) The Army Council shall consist of-

(a) the Minister of Defence who shall be the Chairman;

(b) the Chief of Defence Staff who shall be the Vice-Chairman; and

(3) The Permanent Secretary of the Ministry of Defence shall be the Secretary to the Council.

(4) The Chairman may, from time to time, appoint any member of the Army Council to perform the duties of the Chairman at any meeting of the Army Council at which the Chairman is absent and the appointment may be either general or in respect of a particular meeting.

(5) If a member of the Army Council is unable for any reason whatsoever to perform his duties as a member, he may, with the approval of the Chairman, nominate any other officer to perform those duties during the period he is unable to do so.

(6) The Army Council may, whenever it deems it necessary, co-opt any officer, public officer or any other person as a member of the Army Council for the purpose of any particular meeting of the Army Council but that officer, public officer or other person shall not be entitled to vote at the meeting or count towards a quorum, and his membership of the Army Council shall cease at the end of that particular meeting unless the Army Council otherwise decides.

10. Functions of the Army Council

(1) Subject to the provisions of subsection (2) of this section, the Army Council shall be responsible, under the general authority of the Chief of Defence Staff, for the command, discipline and administration of and for all other matters relating to the Army.

(2) The responsibility of the Army Council shall not extend to the operational use of the Army.

11. Powers of the Army Council

The Army Council shall have power-

(a) to organise the work of the Army Council and the manner in which it shall perform its functions and determine the duties and responsibilities of the members of the Army Council;

(b) to delegate to any member of the Army Council by notification in the Gazette any of the functions and powers of the Army Council;

(d) to consult with persons who are not members of the Army Council;

(e) to determine the procedure to be followed by the Army Council in conducting its business, including its quorum; and

(f) to do such other things which the Army Council may consider necessary or desirable to secure the better performance of its functions under this Act.

PART V

Nigerian Navy Board

12. Establishment of the Nigerian Navy Board

(1) Subject to the provisions of subsection (2) of this section, there shall be established for the Navy a board to be known as the Nigerian Navy Board (in this Act referred to as “the Board”) which shall be responsible, under the general authority of the Chief of Defence Staff, for matters relating to the command, discipline and administration of, and all other matters relating to the Navy.

(2) Notwithstanding the provisions of subsection (1) of this section, the Board shall not have responsibility for the operational use of the Navy.

13. Membership of the Board

(1) The Board shall consist of-

(a) the Minister of Defence who shall be the Chairman;

(b) the Chief of Defence Staff who shall be the Vice-Chairman; and

(2) The Permanent Secretary of the Ministry of Defence shall be the Secretary of the Board.

(3) The Board may, whenever it deems it necessary, co-opt any officer, public officer or any other person as a member of the Board for the purpose of any particular meeting of the Board, but that officer, public officer or other person shall not be entitled to vote at the meeting or count towards a quorum and his membership of the Board shall cease at the end of that particular meeting unless the Board otherwise decides.

(4) The Chairman may, from time to time, appoint any member of the Board to perform the duties of the Chairman at any meeting of the Board at which the Chairman is absent and the appointment may be either general or in respect of a particular occasion.

(5) If any member is for any reason whatsoever unable to perform his duties as a member, he may, with the approval of the Chairman, nominate any other person to perform those duties during the period he is unable to do so.

14. Powers of the Board

The Board shall have power-

(a) to organise the work of the Board and manner in which it shall perform its functions and the duties and responsibilities of the members;

(b) to delegate to any member of the Board by notification in the Gazette any of the powers or duties of the Board;

(d) to consult with persons who are not members of the Board;

(e) to determine the procedure to be followed by the Board in conducting its business, including its quorum; and

(f) to do such other things which the Board may consider necessary or desirable to secure the better performance of its functions under this Act.

PART VI

Nigerian Air Council

15. Establishment of the Air Council

(1) Subject to the provisions of subsection (1) of this section, there shall be established for the Air Force a council to be known as the Nigerian Air Council (in this Act referred to as “the Air Council”) which shall be responsible under the general authority of the Chief of Defence Staff for matters relating to the command, discipline and administration of, and of other matters relating to, the Air Force.

(2) Notwithstanding the provisions of subsection (1) of this section, the Air Council shall not have responsibility for the operational use of the Air Force.

16. Membership of the Air Council

(1) The Air Council shall consist of-

(a) the Minister of Defence who shall be the Chairman;

(b) the Chief of Defence Staff who shall be the Vice-Chairman; and

(2) The Permanent Secretary of the Ministry of Defence shall be the Secretary of the Air Council.

(3) The Air Council may, whenever it deems it necessary, co-opt any officer, public officer or any other person as a member of the Council for the purpose of any particular meeting of the Council, but that officer, public officer or other person shall not be entitled to vote at the meeting or count towards a quorum and his membership of the Air Council shall cease at the end of that particular meeting unless the Air Council otherwise decides.

(4) The Chairman may nominate any member of the Air Council to perform the duties of the Chairman at any meeting of the Air Council at which the Chairman is absent and any such nomination may be either general or in respect of a particular occasion.

(5) If a member of the Air Council is, for any reason whatsoever, unable to perform his duties as a member, he may, with the approval of the Chairman, nominate any other person to perform those duties during the period he is unable to do so.

17. Powers of the Air Council

The Air Council shall have power-

(a) to organise the work of the Air Council and the manner in which it shall perform its functions and the duties and responsibilities of the members;

(b) to delegate to any member of the Air Council by notification in the Gazette any of the powers or duties of the Air Council;

(d) to consult with persons who are not members of the Air Council;

(e) to determine the procedure to be followed by the Air Council in conducting its business; and

(f) to do such other things which the Air Council may consider necessary or desirable to secure the better performance of its functions under this Act.

PART VII

Administration, Government and Command

Command

18. Appointment of Service Chiefs, etc.

(1) The President, may, after consultation with the Chief of Defence Staff and subject to confirmation by the National Assembly, appoint such officers (in this Act referred to as “the Service Chiefs”) as he thinks fit, in whom the command of the Army, Navy and Air Force, as the case may be, and their Reserves shall be vested.

(2) The Service Chief shall be known-

(a) in the case of the Nigerian Army, as the Chief of Army Staff;

(b) in the case of the Nigerian Navy, as the Chief of Navy Staff; and

(3) Subject to the terms of appointment of the Service Chiefs and to such directions as to the operational use of the Army, Navy and Air Force as may be given under section 8 of this Act, the Service Chiefs shall have the command, direction and general superintendence of the Army, Navy and the Air Force respectively, and their Reserves.

(4) The President may, before consulting with the Chief of Defence Staff, consult with the Forces Council, but the question as to whether any consultation was held or what happened in the course of a consultation shall not be enquired into.

19. Powers of command of members of co-operating services

In so far as the power of command depends on ranking, a member of the Army, Navy, Air Force or of a military unit, who is acting together with any of the services, jointly or severally (either with or without his unit or any part thereof) shall have the like powers as a member of the corresponding rank of the respective service and for purposes of an act or omission relating to insubordination and the like offence that member shall be treated as if he were a member of the corresponding rank of the respective service.

20. Attachment of members of other services

(1) A member of the Armed Forces may be attached temporarily to any of the services by order of the Forces Council.

(2) The Forces Council shall make regulations to prescribe circumstances in which officers, soldiers, ratings and aircraftmen shall be deemed to be attached to any of the services, as the case may be.

21. Attachment of personnel of foreign armed forces, powers of command, etc.

(1) The President may, by order, direct that this section shall apply to a member of the force of a foreign country and where the President so directs, the Forces Council-

(a) may attach temporarily to any of the services any member of the foreign force to which the other force belongs; or

(b) subject to anything to the contrary in the conditions applicable to the Armed Forces, the Forces Council may place any member of the Armed Forces at the disposal of the service authorities of a foreign country for the purpose of being attached temporarily by those authorities to the forces of that country.

(2) Where a member of a foreign force is by virtue of this section attached temporarily to the Armed Forces as an officer, a soldier, rating or an aircraftman, as the case may be, he shall for the period of attachment be subject to this Act to the extent to which its application to him is not modified by an order which the President may make under this subsection, in like manner as if he were a member of the Armed Forces of relative rank, and accordingly he shall be so treated and have like powers of command and punishment over members of the Armed Forces.

(3) When the Armed Forces and the force to which this section applies are serving together whether alone or not-

(a) a member of the foreign force shall be treated and shall have over members of the Armed Forces the like powers of command as if he were a member of the Armed Forces of relative rank; and

(b) if the Armed Forces and the foreign force are acting in combination, an officer of the foreign force appointed by the Forces Council, or in accordance with regulations made by the Forces Council to command the combined force or any part thereof, shall have, over members of the combined force, like powers of command and punishment and may be invested with the like authority to convene and confirm the findings and sentences of courts-martial as if he were an officer of the Armed Forces of relative rank and holding the same command.

(4) For the purposes of this section, forces shall be deemed to be serving together or acting in combination if, and only if, they are by order of the Forces Council declared to be so serving or so acting, and the relative rank of members of the combined forces shall be such as may be prescribed by regulations made by the Forces Council.

(5) Without prejudice to any agreement which may be reached, a person shall not cease to be subject to this Act by reason only of attachment in pursuance of this section.

(6) In this section, “force of a foreign country” or “foreign force” means the armed forces of a foreign country.

22. Regulations as to command

The President may make regulations as to the person in whom command over the establishments and units or any member thereof is vested and as to the circumstance in which command as aforesaid is to be exercised, and without prejudice to the generality of the foregoing, may in such regulations provide for the duties, functions and powers of command and staff of the Armed Forces.

PART VIII

Officers

23. Appointment of officers

(1) No person shall be appointed to a commission in any of the services of the Armed Forces unless he is a citizen of Nigeria and has been recommended by a board of officers set up by the appropriate Service Chief.

(2) A person recommended for appointment to a commission in the Armed Forces shall be appointed to a commission either for an indefinite period or for a specified time.

(3) An officer on appointment shall be issued with a commission in the form prescribed by regulations made under section 26 of this Act and signed by the President, Commander-in-Chief of the Armed Forces.

(4) The appointment of a person to a commission in the Armed Forces shall be published in the Gazette.

24. Publication of promotion, etc., of officers

All promotions, retirements, resignations and dismissals of an officer from any of the services of the Armed Forces shall be published in theGazette.

25. Recall of officers from retirement

An officer who has retired or was permitted to resign may be recalled at any time during the currency of any term of reserve service in accordance with regulations made under this Act, and on the recall, shall be liable to serve until he is released or discharged.

26. Regulations as to officers

The President may make regulations governing the commissioning of officers, their terms of service, promotion, retirement, resignation, dismissal and such other matters concerning officers of the Armed Forces as may seem to him necessary.

PART IX

Enlistment and Terms and Conditions of Service

27. Recruiting officers

A person (in this Act referred to as a “recruiting officer”) authorised in that behalf by regulations made under this Part of this Act may enlist recruits in the Armed Forces.

28. Enlistment

(1) A person seeking to enlist in the Armed Forces shall be given a notice in the prescribed form setting out questions to be answered on attestation and stating the general conditions of the engagement to be entered into by him and a recruiting officer shall not enlist a person in the Armed Forces, unless he is satisfied by that person that he was given that notice, understands it and wishes to be enlisted.

(2) A recruiting officer shall not enlist a person under the apparent age of eighteen years, unless consent to the enlistment has been given in writing by that person’s parents or guardian or, where the parents or guardian are or is dead or unknown, by some person approved by the Chairman of the Local Government in which the person applying for enlistment resides or, in the case of a person who resides in the Federal Capital Territory, Abuja, by the Mayor.

29. Terms of enlistment

(1) The term for which a person enlisting in the Armed Forces may be enlisted shall be such a term beginning with the date of his attestation, as is mentioned in subsections (2) and (3) of this section.

(2) Where the person enlisting has apparently attained the age of eighteen years, the term of enlistment shall, as may be prescribed, not exceed twelve years, and be classed-

(a) as a term of regular service; or

(b) as to a prescribed part, a term of regular service and as to the remaining part, a term in the Armed Forces Reserve.

(3) Where the person enlisting has not apparently attained the age of eighteen years, the term shall be a term ending with the expiration of such period not exceeding twelve years as may be prescribed beginning with the date on which he attained that age, and be classed-

(a) as a term of regular service; or

(b) as to a prescribed part, a term of regular service, and as to the remaining part, a term of service in the Armed Forces Reserve.

30. Re-engagement and continuance in service

(1) An enlisted person, before or after completing the term of his regular service, may, with the approval of the respective competent service authority, re-engage for such further period or periods of regular service and service in the Reserve as may be prescribed, so however that-

(a) at the expiration of twelve years of continuous regular service from the date of his original attestation or the date when he apparently attained the age of eighteen years, whichever is the later, all reserve service due by him shall be deemed to have been completed; and

(b) such further period or periods of regular service, together with the original period of regular service, shall not, except as provided by subsections (2) and (3) of this section, exceed a total continuous period of eighteen years of regular service from the date of the enlisted person’s original attestation or the date upon which he apparently attained the age of eighteen years, whichever is the later.

(2) An enlisted person who has completed a period of eighteen years of regular service may, if he so desires and with the approval of the respective competent service authority, continue to serve to complete 22 years of regular service in all respects as if his term of regular service was still unexpired, provided that-

(a) he claims his discharge at the expiration of three months after he has given notice to his commanding officer of his wish to be discharged; and

(b) his commanding officer may give him three months’ notice of intention to discharge him.

(3) An enlisted person who has completed a period of 22 years of regular service may, if he so desires and with the approval of the respective competent service authority, continue to serve in all respects as if his term of regular service was still unexpired.

31. Prolongation of service

An enlisted person whose term of regular service expires during a state of war, insurrection, hostilities or public emergency may be retained in the Armed Forces and his service prolonged for such further period as the respective competent service authority, with the approval of the Chief of Defence Staff and the Minister, may direct.

PART X

Discharge and Transfer to the Reserve

32. Discharge

(1) Unless otherwise prescribed by this Act, if an enlisted person becomes entitled to be discharged, he shall be discharged with all convenient speed; but until discharged, he shall remain subject to service law under this Act.

(2) If an enlisted person to be discharged is serving out of Nigeria and his term of service is prolonged under this Act, he shall be returned to Nigeria free of cost with all convenient speed and be discharged on his arrival in Nigeria or, if he consents to his discharge being delayed, within six months from his arrival.

(3) Except in pursuance of a sentence of a court-martial under this Act, an enlisted person shall not be discharged unless his discharge has been authorised by order of the respective Service Chief in accordance with regulations made under this Part of this Act.

(4) An enlisted person shall be given on his discharge a certificate of discharge containing such particulars as may be prescribed, provided that, an enlisted person who is discharged within six months of the date of attestation shall not be entitled to receive a certificate of discharge.

(5) An enlisted person who is discharged in Nigeria shall be entitled to be conveyed free of cost from the place where he is discharged to the place stated in his attestation paper to be the place where he was attested or to any place at which he intends to reside and to which he can be conveyed with no greater cost.

33. Transfer to the Reserve

(1) Subject to the provisions of this Act, an enlisted person whose term of service requires his transfer to the Reserve shall, when so due, be transferred to the Reserve; but until he is so transferred, he shall remain subject to this Act.

(2) When an enlisted person due for transfer to the Reserve is serving outside Nigeria, he shall be returned to Nigeria free of cost with all convenient speed and be transferred to the Reserve on his arrival in Nigeria; or, if he consents to his transfer being delayed, he shall be so transferred not later than six months from the date of his arrival in Nigeria.

(3) An enlisted person who is transferred to the Reserve in Nigeria shall be entitled to be conveyed free of cost from the place where he is transferred to the place stated in his attestation paper to be the place where he was attested or to any place at which he intends to reside and to which he can be conveyed at no greater cost.

(4) An enlisted person due for transfer to the Reserve may, instead of being so transferred, be discharged forthwith by the respective competent service authority without assigning any reason.

(5) If an enlisted person is so discharged, the provisions of section 32 of this Act shall have effect instead of the provisions of this section.

34. Right of Warrant Officer, Chief Petty Officer to be discharged on reduction to ranks or rating

Unless there exists a state of war or public emergency or there is an insurrection or hostilities have commenced, if a Warrant Officer or Chief Petty Officer is reduced to the ranks or ordinary rating, as the case may be, he may thereupon claim to be discharged.

35. Power to discharge

An enlisted person may be discharged at any time by a competent service authority during his term of engagement.

36. Right of enlisted person to purchase discharge

(1) Subject to the provisions of section 43 of this Act, an enlisted person may claim his discharge within six months after the date of his first attestation, and if a competent service authority approves, he shall, on payment of a sum of not more than three hundred naira as may be determined by the competent service authority, be discharged accordingly.

(2) Nothing in section 32 of this Act shall apply to a discharge under subsection (1) of this section, and until his discharge, the enlisted person shall remain subject to service law under this Act.

PART XI

Miscellaneous and Supplementary Provisions relating to Discharge, etc.

37. Rules for reckoning service

(1) In reckoning the service of an enlisted person for discharge or re-engagement or transfer to the Reserve, there shall be excluded therefrom-

(a) all periods during which he has been absent from duty for any of the following causes-

(i) imprisonment;

(ii) desertion;

(iii) absence without leave exceeding twenty-eight days; and

(b) any period ordered by a court-martial to be forfeited.

(2) Regulations under this Part of this Act may make provision for restoring service excluded by the provisions of subsection (1) of this section, in consideration of good service or on other grounds justifying the restoration of service so excluded.

38. Validity of attestation and enlistment

(1) Where a person has on attestation made the prescribed declaration and thereafter receives pay as a member of the Armed Forces-

(a) the validity of his enlistment shall not be called in question on the grounds of an error or omission in his attestation paper;

(b) after the expiration of a period of three months from the date on which he made the declaration, he shall be deemed to have been validly enlisted notwithstanding any non-compliance with the requirements of this Act or any other ground whatsoever (not being an error or omission in his attestation paper),

and, accordingly, he shall be subject to service law under this Act until his discharge under this Act.

(2) Where a person has received pay consequent on enlistment without having previously made the prescribed declaration for enlisting, he may claim his discharge at any time, and if he makes such claim, the claim shall be submitted as soon as may be to the competent service authority who shall cause him to be discharged with all convenient speed, and until he is discharged, he shall be deemed to be an enlisted person.

(3) Nothing in this section shall be construed as prejudicing the determination of any question as to the term for which a person was entitled or as preventing the discharge of a person who has not claimed his discharge.

39. Fraudulent or irregular enlistment, etc.

Notwithstanding the foregoing provisions of this Act, liability for prosecution shall lie in the case of an enlisted person whose enlistment into any service of the Armed Forces is founded on fraudulent misrepresentation of actual facts or any other irregularity which otherwise shall have disentitled or disqualified the person from being enlisted nor shall such false representation regularise his intention to commit an offence, vacate or evade military duty of any kind.

40. Pensions provisions

The Armed Forces Pensions Act shall apply.

[Cap. A23.]

41. Provisions as to death or injury

(1) Notwithstanding the definition of service as provided for under section 16 of the Armed Forces Pensions Act, every officer, soldier, rating or aircraftman to whom that Act applies who, in the actual discharge of his duty and without his own default, has received wounds or injuries or suffered illness, shall be entitled to disability pension.

(2) The family of any officer, soldier, rating or aircraftman who has been killed or has died of wounds received in the course of his duty or who has died through illness directly attributable to fatigue or exposure incidental to his service in the Armed Forces, shall be entitled to such benefits under the Armed Forces Pensions Act as may be prescribed.

(3) For the purpose of this section-

“active service” includes military service in peace-time; and

“duty” includes active service.

42. Service outside Nigeria

The President may, by order, direct that any officer, soldier, rating or aircraftman of the Armed Forces shall proceed to any place outside Nigeria for the purpose of undergoing instruction or training or for duty or employment.

43. Postponement of discharge or transfer pending proceedings for offences, etc.

Notwithstanding anything to the contrary in this Act-

(a) a person subject to service law under this Act shall not be discharged or transferred to the Reserve at a time when he has become liable as a person subject to service law under this Act to be proceeded against for an offence against any of the provisions of service law;

(b) any person subject to service law under this Act who is serving a sentence of imprisonment or detention awarded by a court-martial under service law or by his commanding officer, shall not be entitled to be discharged or transferred to the Reserve during the currency of the sentence.

44. Interpretation of, and power to make certain regulations for this Part

(1) In this Part of this Act, “competent service authority” means an officer designated as such by the Army Council, Navy Board or Air Council, as the case may be, for the purposes of this Part of this Act.

(2) The Forces Council may, with the approval of the President, make such regulations as appear to the Forces Council to be necessary or expedient for the purpose of, or in connection with the enlistment of recruits for the Army, Navy, Air Force and generally for carrying this Part of this Act into effect, and without prejudice to the generality of the foregoing provisions of this subsection, such regulations may make provisions for-

(a) prescribing the form of attestation paper to be used; and

(b) an oath or affirmation to be administered on enlistment.

PART XII

Offences

Misconduct in action

45. Aiding the enemy

(1) A person subject to service law under this Act who, with intent to assist the enemy-

(a) abandons or delivers up any place, post or thing which it is his duty to defend, or induces any other person to abandon or deliver up any place, post or thing which it is that person’s duty to defend; or

(b) does or fails to do any act calculated to imperil the success of operation of any service of the Armed Forces or of any forces co-operating with the Armed Forces or of any part of any of those forces; or

(c) having been made a prisoner of war, serves with or aids the enemy in the prosecution of hostilities or of measures calculated to influence morale, or in any other manner whatsoever not authorised by international usage; or

(d) furnishes the enemy with arms or ammunition or with supplies of any description; or

(e) harbours or protects an enemy not being a prisoner of war,

is guilty of an offence under this section and liable, on conviction by a court-martial, to suffer death or any other punishment provided by this Act.

(2) A person subject to service law under this Act who, knowingly and without lawful excuse-

(a) abandons or delivers up any place, post or thing which it is his duty to defend or induces any other person to deliver up any place, post or thing which it is that person’s duty to defend; or

(b) does or fails to do any act calculated to imperil the success of operations of any service of the Armed Forces or of any force co-operating with the Armed Forces or of any part thereof or of any of those forces; or

(c) having been made a prisoner of war, serves with or aids the enemy in the prosecution of hostilities or of the measures calculated to influence morale, or in any manner whatsoever not authorised by international usage; or

(d) furnishes the enemy with arms or ammunition or with supplies of any description; or

(e) habours or protects an enemy not being a prisoner of war,

is guilty of an offence under this section and liable, on conviction by a court-martial, to suffer death or any less punishment provided by this Act.

(3) For the purpose of this section, “thing” means and includes a vehicle, ship, gun, tank, vessel, craft, boat, an aircraft, a radar and an ammunition.

46. Communication with the enemy

(1) A person subject to service law under this Act who, with intent to assist the enemy, communicates with or gives intelligence to the enemy, is guilty of an offence under this section and liable, on conviction by a court-martial, to suffer death or any other punishment provided by this Act.

(2) A person subject to service law under this Act who, without lawful authority, communicates with or gives intelligence to the enemy is guilty of an offence under this section and liable, on conviction by a court-martial, to suffer death or any other punishment provided by this Act.

(3) In this section, “intelligence” means information which is or purports to be information as to any matter such that information about it would or might be directly or indirectly useful to an enemy and in particular (but without prejudice to the generality of the foregoing provisions of this subsection) as to a matter falling within any of the following paragraphs, being a matter such that information as to it would or might be useful as aforesaid, that is-

(a) the number, description, armament, equipment, disposition, movement or condition of any service of the Armed Forces or of any force co-operating with the Armed Forces or of a ship or an aircraft of the co-operating force;

(b) any operation or projected operation of the Armed Forces or any force co-operating with the Armed Forces or a ship or aircraft of the co-operating force;

(d) any measure for the defence or fortification of any place on behalf of the Federal Government;

(e) the number, description or location of any prisoner of war;

(f) munitions of war.

47. Cowardly behaviour

(1) A person subject to service law under this Act who, when before the enemy-

(a) leaves the post, position, watch or other place where it is his duty to be; or

(b) throws away his arms, ammunition or tools, in such a manner as to show cowardice or otherwise behaves in such a manner as to show cowardice,

shall be guilty of an offence against this section.

(2) A person subject to service law under this Act who when before the enemy, induces any other person subject to this Act and before the enemy to commit an offence under subsection (1) of this section shall be guilty of an offence against this section.

(3) A person guilty of an offence against this section shall, on conviction by a court-martial, be liable to suffer death or any less punishment provided by this Act.

(4) It shall be a valid defence under this section if the surrender or abandonment of a place, post or thing by a person charged with its defence is justified by reason of superior order, the utmost necessity such as want of provisions, water, logistic support, the absence of hope or relief, inability to offer further resistance or the certainty or extreme probability that no further efforts could prevent the place, post or thing falling into enemy hands.

48. Offences against morale

A person subject to service law under this Act who-

(a) spreads (whether orally, in writing, by signal or otherwise) reports relating to operations of any of the services of the Armed Forces or any forces co-operating therewith, or of any part of any of these forces being reports calculated to create despondency or unnecessary alarm; or

(b) when before the enemy, uses words calculated to create despondency or unnecessary alarm,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for life or any less punishment provided by this Act.

49. Becoming a prisoner of war through disobedience or wilful neglect and failure to rejoin Armed Forces

(1) A person subject to service law under this Act who, through disobedience to order or wilful neglect of his duty, is captured by the enemy, is guilty of an offence under this section.

(2) A person subject to service law under this Act who, having been captured by the enemy, fails to take, or prevents or discourages any other person subject to service law under this Act who has been captured by the enemy from taking any reasonable steps which are available to him or, as the case may be, to that other person, to rejoin the Armed Forces, is guilty of an offence under this section.

(3) A person guilty of an offence under this section is liable, on conviction by a court-martial, to imprisonment for life or any less punishment provided by this Act.

50. Offences by or in relation to sentries, watch, etc.

(1) A person subject to service law under this Act who, while on guard duty or watch-

(a) sleeps at his post or watch; or

(b) when not on duty at a post or watch is asleep at a time when he is not allowed to be asleep; or

(d) leaves his post or watch without having been regularly relieved; or

(e) otherwise absents himself from any place, post or watch where it is his duty to be,

is guilty of an offence under this section.

(2) For the purposes of this section, a person shall be treated as being drunk if owing to the influence of alcohol or any drug, whether alone or in combination with any other circumstances, he is unfit to be entrusted with his duty.

(3) A person subject to service law under this Act who strikes or otherwise uses force against any person on guard duty or watch being a member of the Armed Forces, or of any force co-operating with the Armed Forces, or by threat or force compels that person to let him or any other person pass, is guilty of an offence against this section.

(4) A person guilty of an offence under this section is liable on conviction by a court-martial, to imprisonment for-

(a) five years, if the offence was committed on active service; and

(b) a term not exceeding two years if the offence was not committed on active service.

(5) Reference in this section to a person on guard duty or watch is reference to a person who-

(a) is posted or ordered to patrol, keep watch or has adopted the position of sentry at a post or has undertaken the patrol; or

(b) is a member of a guard or other party mounted or ordered to patrol for the purpose of protecting any person, premises or place.

(6) The foregoing provisions of this section shall apply in relation-

(a) to a person posted or ordered to patrol or keep watch or who has adopted the position of sentry at a post or has undertaken the patrol; and

(b) to a member of a party mounted or ordered to patrol or keep watch for purposes or preventing or controlling access to or egress from any premises or place or of regulating traffic by road, by rail, by air or any inland navigation,

as they apply to a person on guard duty or watch.

51. Looting

A person subject to service law under this Act who-

(a) steals from, or with intent to steal, searches the body of a person killed, wounded or captured in the course of war-like operations, or killed, injured or detained in the course of operation undertaken by any service of the Armed Forces for the preservation of law and order or otherwise in aid of the civil authorities; or

(b) steals any property which has been left exposed or unprotected in consequence of the operations as are mentioned in paragraph (a) of this section; or

is guilty of looting and liable, on conviction by a court-martial, to imprisonment for a term not exceeding seven years or any less punishment provided by this Act.

Mutiny

52. Mutiny

(1) A person subject to service law under this Act who-

(a) takes part in a mutiny involving the use of violence or the threat of the use of violence or having as its object or one of its objects the refusal or avoidance of any duty or service against, or in connection with operations against the enemy, or the impeding of the performance of that duty or service; or

(b) incites any other person subject to service law under this Act to take part in a mutiny, whether actual or intended,

is guilty of an offence under this subsection and liable, on conviction by a court-martial, to suffer death.

(2) A person subject to service law under this Act who, in a case not falling within subsection (1) of this section, takes part in a mutiny, or incites any person subject to service law to take part in a mutiny, whether actual or intended, is guilty of an offence under this subsection and liable, on conviction by a court-martial, to life imprisonment.

(3) In this section and other sections of this Act, “mutiny” means a combination between two or more persons subject to service law under this Act or between persons, two at least of whom are subject to service law under this Act-

(a) to overthrow or resist lawful authority in the Federation or in any arm or service of the Armed Forces or in any force co-operating with the Armed Forces or in any part of those forces; or

(b) to disobey the authority as is mentioned in paragraph (a) of this subsection in such circumstances as to make the disobedience subversive of discipline, or with the object of avoiding any duty or service against, or in connection with operations against the enemy; or

(c) to impede the performance of any duty or service in the Federation or in any arm or service of the Armed Forces or in any force co-operating with the Armed Forces or in any part of those forces.

53. Failure to suppress mutiny

(1) A person subject to service law under this Act who, knowing that a mutiny is taking place or is intended-

(a) fails to use his utmost endeavour to suppress or prevent it; or

(b) fails to report without delay that the mutiny is taking place or is intended,

is guilty of an offence under this section.

(2) A person guilty of an offence under subsection (1) of this section is liable, on conviction by a court-martial-

(a) if the offence was committed with intent to assist the enemy, to life imprisonment;

(b) in any other case, to imprisonment for a term not exceeding five years or any less punishment provided by this Act.

Insubordination

54. Insubordinate behaviour

(1) A person subject to service law under this Act who-

(a) strikes or otherwise uses violence to, or offers violence to, his superior officer; or

(b) uses threatening or insubordinate language to his superior officer,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2) A person convicted under subsection (1) of this section shall only be liable to be imprisoned for not more than two years if the offence was committed on active service or involved the striking or other use of violence, to the superior officer exercising authority as such.

(3) In subsections (1) and (2) of this section, “superior officer” in relation to a person, means an officer, a warrant officer or its equivalent rank, non-commissioned officer subject to service law under this Act of superior rank, and includes an officer, a warrant officer or its equivalent rank, or non-commissioned officer so subject of equal rank but greater seniority while exercising authority as that person’s superior.

55. Fighting, quarrelling and disorderly behaviour

A person subject to service law under this Act who-

(a) fights, quarrels or behaves in a disorderly manner with any other person, whether subject to service law under this Act or not; or

(b) uses threatening, abusive, insulting or provocative words or behaviour likely to cause a disturbance,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

56. Disobedience to particular orders

(1) A person subject to service law under this Act who, in such manner as to show wilful defiance of authority, disobeys a lawful command given or sent to him by whatever means is guilty of an offence under this subsection and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2) A person subject to service law under this Act who, whether wilfully or through neglect, disobeys a lawful command is guilty of an offence under this subsection and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

57. Disobedience to standing orders

(1) A person subject to service law under this Act who contravenes or fails to comply with a provision of an order to which this section applies, being a provision known to him, or which he might reasonably be expected to know, is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2) This section applies to standing orders or other routine orders of a continuing nature made for any formation, unit or body of troops or for any area, garrison or place, or for any ship, train or aircraft.

58. Obstruction of provost officers

A person subject to service law under this Act who-

(a) obstructs; or

(b) when called on, refuses to assist,

a person known to him to be a provost officer, or to be a person (whether subject to service law under this Act or not) lawfully exercising authority under or on behalf of a provost officer, is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

Absence from Duty, etc.

59. Absence without leave

A person subject to service law under this Act who-

(a) absents himself without leave; or

(b) persuades or procures any other person subject to service law under this Act to absent himself without leave,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

60. Desertion

(1) A person subject to service law under this Act who-

(a) deserts; or

(b) persuades or procures any other person subject to service law under this Act to desert,

is guilty of desertion and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2) A person convicted of an offence under subsection (1) of this section shall only be liable to be imprisoned for not more than two years if-

(a) where the offence is against paragraph (a) of that subsection, he was on active service or under orders for active service at the time when it was committed; or

(b) where the offence is against paragraph (b) of that subsection, the person in relation to whom it was committed was on active service or under orders for active service at that time.

(3) In addition to or in lieu of any punishment authorised by subsection (1) or (2) of this section, the court-martial by whom a person subject to service law under this Act is convicted for desertion may direct that the whole or part of his service, previous to the period in respect of which he is convicted of having been a deserter, shall be forfeited, but this subsection shall not apply to a member of the Reserve called out on permanent service.

(4) For the purposes of this section and other sections of this Act, a person deserts who-

(a) leaves any service of the Armed Forces or when it is his duty to do so, fails to join or rejoin the Armed Forces, with (in either case) the intention, subsisting at the time of the leaving or failure to join or formed thereafter, of remaining permanently absent from his duty; or

(b) being an officer, enlists in or enters any of the other services of the Armed Forces, without having resigned his commission, or being a soldier, rating or aircraftman, enlists in or enters any of the services of the Armed Forces without having been discharged from his previous enlistment; or

(c) absents himself without leave with intent to avoid serving at any place outside Nigeria or to avoid service or any particular service when before the enemy,

and reference in this section and other sections of this Act to desertion shall be construed accordingly.

61. Assisting and concealing desertion and absence without leave

A person subject to service law under this Act who-

(a) knowingly assists any other person subject to service law under this Act to desert or absent himself without leave; or

(b) knowing that a person subject to service law under this Act has deserted or absented himself without leave, or is attempting to desert or absent himself without leave, fails to report that fact without delay, or fails to take any step in his power to cause that person to be apprehended,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

62. Failure to perform military duties

A person subject to service law under this Act who-

(a) without reasonable excuse, fails to attend for a parade or other duty of any description or leaves parade or duty before he is permitted to do so; or

(b) neglects to perform, or negligently performs, a duty of any description,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

Malingering and Drunkenness

63. Malingering

(1) A person subject to service law under this Act who-

(a) falsely pretends to be suffering from sickness or disability; or

(b) injures himself with intent thereby to render himself unfit for duty, or causes himself to be injured by any other person with that intent; or

(c) injures any other person subject to service law under this Act at the instance of that person with intent thereby to render that person unfit for duty; or

(d) with intent to render or keep himself unfit for service, does or fails to do anything (whether at the time of the act or omission he is in hospital or not) whereby he produces, prolongs or aggravates, any sickness or disability,

is guilty of malingering.

(2) A person guilty of malingering under subsection (1) of this section is liable, on conviction by a court-martial-

(a) where the offender is on active service, to suffer death or any less punishment provided by this Act;

(b) in any other case, to imprisonment for a term not exceeding two years.

(3) In this section, “unfit” includes temporarily unfit.

64. Drunkenness

(1) A person subject to service law under this Act who is drunk, whether on duty or not, is guilty of drunkenness and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act, so however, that where the offence is committed by a soldier, rating or aircraftman who is not on active service or on duty, the sentence imposed on him shall not exceed imprisonment for a term of six months.

(2) For purposes of subsection (1) of this section, a person is drunk if owing to the influence of alcohol or any drug, whether alone or in combination with any other substance, he is unfit to be entrusted with his duty or with any duty which he may be called upon to perform, or behaves in a disorderly manner or in any manner likely to bring discredit to the Armed Forces.

65. Drugs: wrongful use, possession, etc. of controlled substances

(1) A person subject to service law under this Act who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of Nigeria, exports from Nigeria, or introduces into a cantonment or barrack, any vessel, craft, vehicle or aircraft used by or under the control of the Armed Forces, a substance described in subsection (2) of this section, is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding 21 years.

(2) The substances referred to in subsection (1) of this section are as follows-

(a) opium, heroin, cocaine, amphetamine, lysergic acid, phencyclidme, diethylamide, mathamphetamine, barbituric acid, marijuana and any compound or derivative of any such substance;

(b) a substance not specified in paragraph (a) of this subsection that is listed on a schedule of controlled substances prescribed by the President for the purposes of this section; and

(c) any other substance not specified in paragraph (a) of this subsection or contained on a list prescribed by the President under paragraph (b) of this subsection that is listed in a controlled substances law existing in Nigeria.

Offences relating to Property

66. Offences in relation to public and service property

A person subject to service law under this Act who-

(a) steals or fraudulently misapplies a public or service property, or is concerned in or, connives at the stealing or fraudulent misapplication of a public or service property; or

(b) receives or retains a public or service property knowing or having reason to believe that the property has been stolen or has been fraudulently misapplied; or

(d) by wilful neglect, causes damage to a public or service property,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

67. Offences in relation to property of members of the Armed Forces

A person subject to service law under this Act who-

(a) steals or fraudulently misapplies a property belonging to a person subject to service law under this Act or is concerned in or connives at the stealing or fraudulent misapplication of a property belonging to a person subject to service law under this Act; or

(b) receives or retains a property belonging to a person subject to service law under this Act knowing or having reason to believe that the property has been stolen or has been fraudulently misapplied; or

(c) wilfully damages or is concerned in the wilful damage of a property belonging to a person subject to service law under this Act,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

68. Miscellaneous offences relating to property

(1) A person subject to service law under this Act who-

(a) loses a public or service property of which he has the charge or which forms part of the property of which he has the charge or which has been entrusted to his care; or

(b) by negligence, damages a public or service property of which he has the charge or which has been entrusted to his care or which forms part of the property of which he has the charge or which has been entrusted to his care; or

(d) fails to take proper care of an animal or a bird used in the public service which is in his charge; or

(e) makes away (by pawning or in any other way) with any military, naval or air force decoration granted to him or any clothing, arms, ammunition or other equipment issued to him for his use for military purposes,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2) It shall be a defence for a person charged under paragraph (a) of subsection (1) of this section with losing a property that he took reasonable steps for the care and preservation of the property.

Navigation and Flying offences

69. Loss or hazarding vehicle, ship or aircraft

A person subject to service law under this Act who, whether wilfully or by negligence, causes or allows to be lost or hazarded any vehicle, ship, or aircraft in the service of the Armed Forces, is guilty of an offence under this section and liable, on conviction by a court-martial-

(a) if he acts wilfully or with wilful neglect, to life imprisonment or to any less punishment provided by this Act; and

(b) in any other case, to imprisonment for a term not exceeding two years or to any less punishment provided by this Act.

70. Dangerous flying, etc.

A person subject to service law under this Act who is guilty of an act or neglect in flying or in the use of an aircraft, or in relation to an aircraft or aircraft material, which causes or is likely to cause loss of life or bodily injury to any other person, is liable, on conviction by a court-martial, to life imprisonment or any less punishment provided by this Act, so however that, if the offender has not acted wilfully or with wilful neglect the sentence imposed on him shall not exceed imprisonment for a term of two years.

71. Low flying

A person subject to service law under this Act who, being the pilot of a service aircraft, flies it at a height less than the height from time to time prescribed by regulations made by the Forces Council under this Act, except while taking off or alighting or in such other situation as may be so prescribed, is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

72. Annoyance by navigation or flying

A person subject to service law under this Act who, being the commanding officer of a naval ship or the pilot of a service aircraft, navigates or flies it, as the case may be, so as to cause or to be likely to cause, unnecessary annoyance to any other persons is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

Other Offences in respect of Ships and Aircraft, etc.

73. Inaccurate certification of ships, aircraft, parachutes, etc.

A person subject to service law under this Act who signs a certificate relating to a matter affecting the seagoing or fighting efficiency of any service ship, vessel, aircraft, parachute or a certificate relating to any service aircraft or aircraft material without ensuring the accuracy of the certificate is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

74. Improper carriage of persons and goods

A person subject to service law under this Act who, being in command of a service vessel, ship, vehicle or an aircraft without lawful authority-

(a) receives or permits to be received on board the ship, vehicle or aircraft any goods or merchandise intended for disposal or delivery by way of trade or business (whether on his own account or on account of any other person), not being merchandise received in the course of salvage; or

(b) agrees to carry any goods or merchandise on board the ship, vehicle or aircraft in consideration of the payment of freight, or demands or receives payment in respect of the carnage; or

(c) carries or agrees to carry on board the vehicle, ship, vessel or aircraft a person not being his immediate dependant or member of the Armed Forces,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

Prize Offences

75. Prize offences by commanding officers

A person subject to service law under this Act who, being in command of a service ship, vessel or an aircraft-

(a) having taken a ship, vessel or an aircraft as prize, fails to send to the most convenient High Court in his opinion, in Nigeria, all the ship or aircraft papers, as the case may be, found on board; or

(b) unlawfully makes an agreement for the ransoming of a ship, vessel, an aircraft or goods taken as prize; or

(c) in pursuance of an agreement as aforesaid or, otherwise by collusion, restores or abandons the ship, vessel, aircraft or goods taken as prize,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years, or any less punishment provided by this Act.

76. Other prize offences

A person subject to service law under this Act, who-

(a) strikes or otherwise ill-treats any person who is on board a ship, vessel or an aircraft when taken as prize, or unlawfully takes from that person anything in his possession; or

(b) removes out of a ship, vessel or an aircraft or for the necessary use and service of any of the services of the Armed Forces, any goods not previously adjudged by a High Court in Nigeria to be lawful prize; or

(c) breaks bulk on board a ship, vessel or an aircraft taken as prize or detained in exercise of any belligerent right or under any enactment, with intent to embezzle or fraudulently misapply anything therein,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

Sexual Offences

77. Rape and carnal knowledge

A person subject to service law under this Act who has unlawful carnal knowledge of a woman or girl without her consent or with her consent if obtained-

(a) by force or by means of threat or intimidation of any kind; or

(b) by fear of harm; or

(d) in the case of a married woman, by personating her husband,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding fourteen years or any less punishment provided by this Act.

78. Defilement

A person subject to service law under this Act who has carnal knowledge of a girl, being under the age of sixteen years is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding fourteen years or any less punishment provided by this Act.

79. Sexual relation with service personnel’s spouse

A person subject to service law under this Act who has carnal knowledge of the spouse of any other person subject to service law under this Act is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding five years, so however that no person shall be convicted under this section upon the uncorroborated evidence of the witness.

80. Fraternisation

An officer subject to service law under this Act, who fraternises with a soldier, rating or an aircraftman, is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding five years or any less punishment provided by this Act.

81. Sodomy

(1) A person subject to service law under this Act who-

(a) has carnal knowledge of a person against the order of nature; or

(b) has carnal knowledge of an animal; or

is guilty of an offence under this section.

(2) A person subject to service law under this Act who, whether in public or private, commits an act of gross indecency with any other person or procures another person to commit an act of gross indecency with him or attempts to procure the commission of an act of gross indecency by any person with himself or with another person whether in public or private, is guilty of an offence under this section.

(3) A person guilty of an offence under this section is liable, on conviction by a court-martial, to imprisonment for a term not exceeding seven years or any less punishment provided by this Act.

Offences relating to Billeting and Requisitioning of Vehicles

82. Billeting offence

A person who-

(a) knowing that no billeting requisition is in force under this Act authorising him to demand a billet or that he is otherwise not authorised to demand a billet, obtains a billet or orders or procures another person to obtain a billet; or

(b) takes or agrees to take, or demands, from a person on whom he or any other person or a vehicle is or is to be billeted in pursuance of a billeting requisition under this Act, any money or thing, as consideration for not requiring or for ceasing to require, accommodation for himself or that other person or parking space for the vehicle; or

(c) wilfully or by wilful neglect damages, or causes or allows to be damaged, any premises in which he is billeted in pursuance of a billeting requisition, or any property in the premises,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

83. Offences in relation to requisitioning of vehicles

(1) A person subject to service law under this Act who-

(a) knowing that no requisitioning order is in force under this Act authorising him to give directions, or for the provision of any vehicle, or that he is otherwise not authorised to give those directions, gives directions for the provision of the vehicle or orders or procures another person to give those directions; or

(b) in purported exercise of a power conferred by a requisitioning order under this Act, takes or orders or procures any other person to take possession of a vehicle, knowing that no requisitioning order is in force under this Act under which the taking possession of the vehicle could be authorised, or the taking possession thereof is otherwise not authorised under the requisitioning order; or

(c) takes or agrees to take, or demands from a person any money or thing as consideration for directions, or any particular direction, for the provision of a vehicle not being given or for possession of a vehicle not being taken, or not being retained under a requisitioning order under this Act,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2) The provisions of subsection (1) of this section shall apply in relation to an aircraft, a ship, vehicle, vessel and stores (within the meaning of this Part of this Act) as they apply in relation to a vehicle under that subsection.

(3) It shall not be an offence under this section or section 82 of this Act, if a billeting requisition is authorised in an emergency by an appropriate superior authority as contained in Part XIX of this Act.

Offences relating to and by Persons in Custody

84. Irregular arrest and confinement

(1) A person subject to service law under this Act who, when any other person subject to this Act is under arrest-

(a) unreasonably delays the taking of such steps as it is his duty to take-

(i) for investigating the allegations against that other person; or

(ii) for having the allegation against that other person investigated by his commanding officer or an appropriate superior authority or, as the case may be, tried by a court-martial; or

(b) fails to release or effect the release of that other person when it is his duty to do so,

is guilty of an offence under this section.

(2) A person subject to service law under this Act who, having committed a person (in this section referred to as “the prisoner”) to the custody of any other person to whom he is authorised to commit the person, fails, without reasonable cause to deliver-

(a) at the time of committal; or

(b) if it is not practicable so to do, at the time of the committal, or within twenty-four hours thereafter,

to a person, to whose custody the prisoner was committed, a report in writing signed by himself of the offence which the prisoner is alleged to have committed, is guilty of an offence under this section.

(3) Where a person is committed to the charge of a person subject to service law under this Act who is in command of a guard, then if without reasonable cause that person does not as soon as he is relieved from his guard and any further duty, or, if he is not sooner relieved, within twenty-four hours after the committal, give to the officer to whom it is his duty to report-

(a) a written statement containing so far as is known to him, the prisoner’s name and alleged offence, the name and rank or other description of the officer or other person who alleged that the prisoner had committed the offence; and

(b) the report required by subsection (2) of this section if he has already received it,

he is guilty of an offence under this section.

(4) A person guilty of an offence under this section is liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

85. Permitting escape and unlawful release of prisoner

(1) A person subject to service law under this Act who wilfully allows to escape a person who is committed to his charge or whom it is his duty to guard, is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2) A person subject to service law under this Act who-

(a) without proper authority, releases a person who is committed to his charge; or

(b) without reasonable excuse, allows to escape a person who is committed to his charge or whom it is his duty to guard,

is guilty of an offence and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

86. Resistance to arrest

(1) A person subject to service law under this Act who, being concerned in any quarrel or disorder, refuses to obey an officer who orders him into arrest, or strikes or otherwise uses violence or offers violence to the officer, is guilty of an offence under this section whether or not the officer is his superior.

(2) A person subject to service law under this Act who strikes or otherwise uses violence or offers violence to a person whose duty it is to apprehend him or in whose custody he is, is guilty of an offence under this section.

(3) A person guilty of an offence under this section is liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(4) For the avoidance of doubt, “officer” for the purpose of this section, includes a warrant or non-commissioned officer.

87. Escape from confinement or custody

A person subject to service law under this Act who escapes from arrest, prison or other lawful custody (whether military or not) is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

Miscellaneous Offences

88. Injurious disclosures

(1) A person subject to service law under this Act who, without authority, discloses orally, in writing, by signal or by any other means whatsoever, any information which is or purports to be information useful to an enemy, is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2) In this section, “information useful to an enemy” means information as to any matter such that information as to it would or might be directly or indirectly useful to an enemy, and in particular (but without prejudice to the generality of the foregoing provisions of this subsection) information as to any matter falling within the following paragraphs of this subsection, being a matter such that information as to it would or might be useful to an enemy, that is-

(a) the number, description, armament, equipment, disposition, movement or condition of any of the services of the Armed Forces or of any forces co-operating with the Armed Forces, or any ship, aircraft or thing belonging to the Armed Forces or to any of those forces; or

(b) any operation or projected operation of the Armed Forces or of any forces co-operating with the Armed Forces or of any ship, aircraft or thing belonging to the Armed Forces or to any of those forces; or

(d) any measure for the defence or fortification of any place on behalf of Nigeria; or

(e) the number, description or location of a prisoner of war; or

(f) munitions of war.

89. Making of false statement on enlistment

A person who, when before a recruiting officer for the purpose of being attested in pursuance of Part IX of this Act, has knowingly given a false answer to a question contained in the attestation paper and put to him by or by the direction of the recruiting officer is, if he has since become and remains subject to service law under this Act, guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or to any less punishment provided by this Act.

90. Making of false documents

A person subject to service law under this Act who-

(a) makes, signs or makes an entry in a service report, return, pay list or certificate, or any other service or official document, being a document or an entry which is to his knowledge false in a material particular; or

(b) alters a service report, return, pay list or certificate or any other service or official document, or alters an entry in any of those documents, so that the document or entry is to his knowledge false in a material particular, or suppresses, defaces or makes away with the document or entry which it is his duty to preserve or produce; or

(d) aids, abets, commands, counsels, procures or connives at the commission by any other person subject to service law under this Act of the offence under this section (whether or not he knows the nature of the document or entry in relation to which the offence will be committed),

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

91. Scandalous conduct of officer

An officer subject to service law under this Act who behaves in a scandalous manner, unbecoming of the character of an officer and a gentleman, is guilty of an offence under this section and liable, on conviction by a court-martial, to be cashiered.

92. Ill-treatment of officer, soldier, rating or aircraftman of inferior rank

If-

(a) an officer subject to service law under this Act strikes or otherwise ill-treats an officer subject to

service law under this Act of inferior rank or less authority or a soldier, rating or an aircraftman subject to service law under this Act; or

(b) a warrant or petty officer or a non-commissioned officer subject to service law under this Act, strikes or otherwise ill-treats any other warrant or petty officer or a non-commissioned officer of inferior rank or less authority or a soldier, rating or an aircraftman subject to this Act,

he is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

93. Disgraceful conduct

A person subject to service law under this Act who is guilty of a disgraceful conduct of a cruel, indecent or unnatural kind is liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

94. False accusation

A person subject to service law under this Act who-

(a) makes an accusation against an officer, a soldier, rating or an aircraftman subject to service law under this Act, which he knows to be false or does not believe to be true; or

(b) in making a complaint where he thinks himself wronged, makes a statement affecting the character of an officer, a soldier, rating or an aircraftman which he knows to be false or does not believe to be true, or wilfully suppresses any material fact,

is guilty of an offence and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

95. Attempts to commit offences

A person subject to service law under this Act who attempts to commit an offence under any section of this Part of this Act is liable, on conviction by a court-martial, to the like punishment as for that offence, so however that if the offence is one punishable by death he shall not be liable to any greater punishment than imprisonment for life.

96. Examination malpractices

(1) A person subject to this Act who, before, at, during or in anticipation of an examination-

(a) by a fraudulent trick or device or in abuse of his office or with intent to unjustly benefit himself or any other person, procures, gives, allows to be given to a person or is in any way concerned in the unjust benefit, procurement or giving of, a question paper or an answer script produced or intended to be used in an examination or graded exercise; or

(b) by any false pretence with intent to cheat or unjustly benefit himself or any other person or for any other purpose whatsoever, buys, sells, procures or otherwise deals with a question paper or answer script intended for use or represented as genuine in respect of a particular examination or graded exercise of persons,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding seven years or any less punishment provided by this Act.

(2) In a charge for an offence under paragraph (a) of subsection (1) of this section, it is immaterial that the question paper or answer script concerned is proved not to be the one in question or to be false, not genuine or not related to the examination.

97. Impersonation

A person subject to service law under this Act who, with intent to defraud any other person, falsely represents himself to be some other person, living or dead, is guilty of impersonation and liable, on conviction by a court-martial-

(a) if the person represents himself to be a person entitled by will or operation of law to any specific property and he commits the offence to obtain that property, to imprisonment for a term not exceeding fourteen years;

(b) in any other case, to imprisonment for a term not exceeding two years.

98. Aiding and abetting service offence

A person subject to service law under this Act who aids, abets, counsels or procures the commission by another person of an offence under any of the provisions of this Act is guilty of the like offence and liable to be charged, tried and punished as a principal offender.

99. Obstruction of police officer arresting service person

A person subject to service law under this Act who at any place either within or outside Nigeria prevents or obstructs-

(a) the execution by a police officer of a warrant for the arrest of a person subject to service law under this Act who has committed or is suspected of having committed an offence punishable on conviction by a civil court; or

(b) the arrest of a person subject to service law under this Act by a police officer acting in the exercise of his powers of arrest without warrant,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

Offences in relation to Courts-Martial

100. Offences in relation to court-martial

(1) A person subject to service law under this Act who-

(a) having been duly summoned or ordered to attend as a witness before a court-martial, fails to comply with the summons or order; or

(b) refuses to swear an oath or make an affirmation when duly required by a court-martial to do so; or

(c) refuses to produce a document in his custody or under his control which a court-martial has lawfully required him to produce; or

(d) when a witness, subject to the provisions of section 176 of the Evidence Act, refuses to answer a question which a court-marital has lawfully required him to answer; or

[Cap. E14.]

(e) wilfully insults a person, being a member of a court-martial or a witness or any other person whose duty it is to attend on or before the court-martial, while that person is acting as a member of the court-martial or is so attending, or wilfully insults that other person while that person is going to or returning from the proceedings of the court; or

(f) wilfully interrupts the proceedings of a court-martial or otherwise misbehaves before the court-martial,

is guilty of an offence under this section and liable, on conviction by a court-martial, other than the court in relation to which the offence was committed to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2) Notwithstanding anything contained in subsection (1) of this section, where an offence under paragraph (e) or (f) of that subsection is committed in relation to a court-martial held in pursuance of this Act, the court-martial, if of opinion that it is expedient that the offender should be dealt with summarily by that court-martial instead of being brought to trial before another court-martial, may by order under the hand of the President order the offender to be imprisoned for a period not exceeding 21 days or any less punishment provided for under this Act.

(3) References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial includes references to a court-martial held in pursuance of service law.

101. False evidence

(1) A person subject to service law under this Act who, having been duly sworn as a witness or as an interpreter in proceedings before a court-martial or before a board or person having power to administer oaths under service law, makes a statement material in those proceedings, which he knows to be false or does not believe to be true, is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2) A person shall not be liable to be convicted of an offence under this section solely on the evidence of one witness as to the falsity of a statement alleged to be false.

102. Court-martial records: destruction, falsifying, removing, etc.

A person subject to service law under this Act who-

(a) destroys, falsifies, removes, defaces, conceals, mutilates, obliterates or takes with the intent to destroy, falsify, remove, deface, conceal, mutilate, obliterate, any document relating to a court-martial; or

(b) is concerned in or causes, procures, aids or abets another person whether or not that person is subject to service law under this Act to commit an offence against this section,

is guilty of an offence and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or to any less punishment provided by this Act.

Conduct to prejudice of Service Discipline

103. Conduct to the prejudice of service discipline

(1) A person subject to service law under this Act who is guilty of a conduct or neglect to the prejudice of good order and service discipline is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2) It shall be a defence to a charge under subsection (1) of this section that the conduct or neglect of the accused had already been charged under sections 45 to 102 and sections 104 to sections 114 of this Act.

Civil Offences

104. Assault

(1) A person subject to service law under this Act who, with unlawful force or violence, does or attempts to do any bodily harm to another person is guilty of assault and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

(2) A person subject to service law under this Act who-

(a) unlawfully assaults another person with a dangerous weapon or other means of force likely to cause death; or

(b) unlawfully assaults another person and thereby does him grievous harm,

is guilty of aggravated assault and liable, on conviction by a court-martial, to imprisonment for a term not exceeding seven years or any less punishment provided by this Act.

105. Manslaughter

A person subject to service law under this Act who-

(a) unlawfully kills another person in such circumstances as not to constitute murder; or

(b) with intent to kill or do some grievous harm to another person, unlawfully kills that person in the heat of passion caused by sudden provocation, and before there is time for his passion to cool,

is guilty of manslaughter and liable, on conviction by a court-martial, to imprisonment for life.

106. Murder

A person subject to service law under this Act who, without justification or excuse, unlawfully kills another person whether or not subject to service law under this Act when-

(a) he intends to cause the death of the person killed or that of any other person; or

(b) he intends to do the person killed or to any other person some grievous harm; or

(c) death is caused by means of an act done in the prosecution of an unlawful purpose, where the act is of a nature that is likely to endanger human life,

is guilty of murder and liable, on conviction by a court-martial, to suffer death.

107. Robbery

(1) A person subject to service law under this Act who steals anything and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property in order-

(a) to obtain or retain the thing stolen; or

(b) to prevent or overcome resistance to the thing being stolen or retained,

is guilty of robbery and liable, on conviction by a court-martial, to a term of imprisonment not exceeding fourteen years.

(2) If the robbery is committed by a person subject to service law under this Act, armed with a dangerous or an offensive weapon or instrument, he is liable, on conviction by a court-martial, to suffer death and to a fine.

108. Extortion

A person subject to service law under this Act who communicates threats to another person with the

intention thereby to obtain a thing of value or gain is guilty of extortion and liable, on conviction by a court-martial, to imprisonment for a term not exceeding fourteen years.

109. Burglary

(1) A person subject to service law under this Act who-

(a) with intent to commit an offence punishable by imprisonment for five years or more under this Act, breaks and enters the dwelling-house of another person; or

(b) having entered the dwelling-house of another person with the intent to commit an offence punishable by imprisonment for five years or more under this Act, breaks out of the dwelling-house,

is guilty of burglary.

(2) A person found guilty of an offence under subsection (1) of this section is liable, on conviction by a court-martial-

(a) if the offence is committed in the night, to imprisonment for life;

(b) if the offence is committed at any other time, to imprisonment for a term not exceeding fourteen years.

110. House-breaking

A person subject to service law under this Act who, with intent to commit an offence under this Act, enters or is in the dwelling house, building or structure of another person, is guilty of house-breaking and liable, on conviction by a court-martial-

(a) if the offence is committed in the night, to imprisonment for a term not exceeding fourteen years;

(b) if the offence is committed at any other time, to imprisonment for a term not exceeding seven years.

111. Arson

A person subject to service law under this Act who wilfully or maliciously sets fire-

(a) to a public building, dwelling house, an office or any structure whatsoever, movable or immovable, whether completed or not, occupied or not; or

(b) to any vessel, ship, aircraft, railway track or wagon, or vehicle or thing; or

is guilty of arson and liable, on conviction by a court-martial, to imprisonment for life.

112. Forgery

A person subject to service law under this Act who-

(a) fraudulently or knowingly utters, forges, procures, alters, accepts or presents to another person any cheque, promissory note or other negotiable instrument knowing it to be false, forged, stolen or unlawfully procured; or

(b) knowingly and by means of a false representation or with intent to defraud the Federal Government, the Government of any State or any Local Government, causes the delivery or payment to himself or any other person of any property or money by virtue of any forged or false cheque, promissory note or other negotiable instrument whether in Nigeria or elsewhere; or

(c) makes or utters any forged document, cheque, promissory note or other negotiable instrument, knowing it to be false or with intent that it may in any way be used or acted upon as genuine, whether in Nigeria or elsewhere, to the prejudice of any person or with intent that any person may, in the belief that it is genuine, be induced to do or refrain from doing any act or thing, whether in Nigeria or elsewhere,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding 21 years.

113. Cheating

A person subject to service law under this Act who by means of a fraudulent trick or device-

(a) obtains from another person anything capable of being stolen; or

(b) induces another person-

(i) to deliver to any person a thing capable of being stolen; or

(ii) to pay or deliver to any person any money or goods or any greater sum of money or greater quantity of goods than he would have paid or delivered but for the trick or device,

is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding five years.

114. Other civil offences

(1) A person subject to service law under this Act who commits any other civil offence, whether or not listed under this Act or committed in Nigeria or elsewhere, is guilty of an offence under this section.

(2) For the purposes of subsection (1) of this section, “civil offence” means an act or omission punishable as an offence under the penal provisions of any law enacted in or applicable to Nigeria, and in this Act “corresponding civil offence” means the civil offence the commission of which constitutes the offence under this section.

(3) A person convicted by a court-martial for an offence under this section is liable-

(a) if the corresponding civil offence is treason or murder, to suffer death; and

(b) in any other case, to suffer any punishment or punishments which a civil court could award for the corresponding civil offence, if committed in Nigeria being a punishment or punishments, less than the maximum punishment, which a civil court could so award, as is so provided,

so however that where a civil court may not so award imprisonment, a person so convicted shall be liable to suffer such punishment, less than cashiering in the case of an officer or discharge with ignominy in the case of a soldier, rating or aircraftman, as is provided.

(4) Without prejudice to the provisions of this Act, a person shall not be charged with an offence under this section committed in Nigeria if the corresponding civil offence is treason, murder, manslaughter, or treasonable felony.

(5) Where the corresponding civil offence is murder or manslaughter, an offence under this section shall be deemed, for the purposes of subsection (4) of this section, to have been committed at the place of the commission of the act or occurrence of the neglect which caused the death, irrespective of the place of the death.

PART XIII

Punishment

Summary Trial

115. Officers

(1) Subject to the provisions of this section, an officer who is charged with an offence which may be summarily tried under Part XIV of this Act may be summarily tried and punished to the extent permitted in accordance with the following provisions of this section by the officer in command of the unit, ship or establishment to which that officer belongs either at the time of the commission of the offence or at the time of the trial of the offence, that is-

Company commander or equivalent

(a) where the accused is of or below the rank of an Army Captain or corresponding rank, the commanding officer of the company or establishment or his equivalent may summarily deal with the charge by either dismissing the case or awarding any of the following punishments, that is-

(i) confinement not exceeding seven days;

(ii) award of extra duties not exceeding seven days;

(iii) admonition;

Battalion commander or equivalent

(b) where the accused is of or below the rank of Major or corresponding rank, the battalion commander or his equivalent may summarily deal with the charge by either dismissing the case or awarding any of the following punishments, that is-

(i) fine not exceeding N500;

(ii) where the offence has occasioned any expenses, loss or damage, make good the loss by stoppages not exceeding N 2,500;

Brigade commander or equivalent

(c) where the accused is of or below the rank of Lieutenant Colonel or corresponding rank, the brigade commander or his equivalent may summarily deal with the charge by either dismissing the case or awarding any of the following punishments, that is-

(i) fine not exceeding N 1,000;

(ii) forfeiture of pay not exceeding thirty days;

(iii) where the offence has occasioned any expenses, loss or damages, make good the loss by stoppages not exceeding N 3,000;

General officer commanding or equivalent

(d) where the accused is of the rank of or above Colonel or corresponding rank, the general officer commanding or his equivalent may summarily deal with the charge by either dismissing the case or awarding any of the following punishments, that is-

(i) fine not exceeding N 2,000;

(ii) forfeiture of pay not exceeding sixty days;

(iii) where the offence has occasioned any expenses, loss or damages, make good the loss by stoppages not exceeding N 5,000;

(iv) reprimand or severe reprimand;

(v) admonition.

(2) For the purpose of this subsection (1) of this section, a punishment specified in a sub-paragraph of the scale shall be treated as less than the punishment specified in the preceding sub-paragraphs and greater than those specified in the succeeding sub-paragraph of the scale.

(3) Except as expressly provided in this Act, not more than one punishment shall be awarded in a summary trial for one offence, provided that-

(a) stoppages may be awarded either in addition to or without any other punishment; and

(b) a reprimand or severe reprimand may be awarded in addition to a fine.

116. Warrant or petty officer, non-commissioned officers, soldiers, ratings or aircraftmen

(1) Subject to the provisions of this section, a warrant or petty officer, non-commissioned officer, soldier, rating or aircraftman who is charged with an offence which may be summarily tried under Part XIV of this Act, may be summarily tried and punished to the extent permitted and in accordance with the following provisions of this section by the officer in command of the unit, ship or establishment to which that person belongs either at the time of the commission of the offence or at the time of the trial of the offence, that is-

Company commander or equivalent

(a) where the accused is below the rank of a sergeant or corresponding rank, the commanding officer of the company or establishment or his equivalent may summarily deal with the charge by either dismissing the case or awarding any of the following punishments, that is-

(i) imprisonment with hard labour not exceeding seven days in the unit guardroom;

(ii) extra duties not exceeding seven days;

(iii) confinement not exceeding seven days;

(iv) where the offence has occasioned any expenses, loss or damage, make good the loss by stoppages not exceeding N 200;

(v) reprimand;

(vi) admonition;

Battalion commander or equivalent

(b) where the accused is below the rank of warrant officer class one or chief petty officer, the battalion commander or his equivalent may summarily deal with the charge by either dismissing the case or awarding any of the following punishments, that is-

(i) dismissed regiment to the rank of corporal, able rate or below;

(ii) imprisonment with hard labour up to twenty-eight working days in the unit guardroom, provided that the person so charged is of the rank of corporal, able rate or below;

(iii) reduction in rank not below one step for sergeants, leading hands and below;

(iv) forfeiture of pay not exceeding seven days;

(v) where the offence has occasioned any expenses, loss or damage, make good the loss by stoppages not exceeding N500;

(vi) confinement to barracks not exceeding 28 days;

(vii) extra duties not exceeding seven days;

(viii) reprimand or severe reprimand;

(ix) admonition;

Brigade commander or equivalent

(c) where the accused is below the rank of warrant officer class one or chief petty officer, the brigade commander, or his equivalent, may summarily deal with the charge by either dismissing the case or awarding any of the following punishments, that is-

(i) dismissed regiment to rank of staff sergeant or below;

(ii) imprisonment with hard labour up to 28 days in the unit guardroom;

(iii) reduction in rank of staff sergeant or leading rate and below not more than two steps;

(iv) fine not exceeding N 200;

(v) where the offence has occasioned any expenses, loss or damages, make good the loss by stoppages not exceeding N 2,500;

(vi) forfeiture of pay not exceeding thirty days;

(vii) reprimand or severe reprimand;

(viii) admonition;

General officer commanding or equivalent

(d) where the accused is of the rank of warrant officer class one or chief petty officer and above, the general officer commanding or his equivalent may summarily deal with the charge by either dismissing the case or by awarding any of the following punishments, that is-

(i) dismissed regiment to the rank of warrant officer class two, petty officer or below;

(ii) imprisonment with hard labour up to 28 days in the unit guardroom;

(iii) reduction in rank or disrating of warrant officer class two or petty officer and below, not more than two steps;

(iv) fine not exceeding N 250;

(v) where the offence has occasioned any expenses, loss or damages, make good the loss by stoppages not exceeding N 3,500;

(vi) forfeiture of pay not exceeding 28 days;

(vii) reprimand or severe reprimand;

(viii) admonition.

(2) For the purposes of subsection (1) of this section, a punishment specified in any sub-paragraph of the scale shall be treated as less than the punishment specified in the preceding sub-paragraph and greater than those specified in the succeeding sub-paragraph of the scale.

(3) Except as expressly provided in this Act, not more than one punishment shall be awarded in a summary trial for one offence, provided that-

(a) stoppages may be awarded either in addition to or without any other punishment; and

(b) a reprimand or severe reprimand may be awarded in addition to a fine.

(4) Where a warrant or petty officer or a soldier, rating or an aircraftman is sentenced to a term of imprisonment of 35 days or more, he shall also be sentenced to dismissal from the service.

117. Right of election of officers, warrant and petty officers to be tried by court-martial

Notwithstanding anything in the foregoing sections of this Act, a commanding officer shall not proceed summarily with the trial of an officer, a warrant or petty officer until he has afforded the officer, warrant or petty officer an opportunity of electing to be tried by a court-martial and if the person so elects in writing, the commanding officer shall take the prescribed steps with a view to the charge being tried by a court-martial.

Courts-Martial

118. Punishment of officers

(1) The punishments which may be awarded to an officer by sentence of a court-martial under this Act are those set out in the following scale, that is-

(a) death;

(b) imprisonment;

(d) dismissal from the Armed Forces;

(e) reduction in rank;

(f) forfeiture of seniority in the rank;

(g) a fine of a sum not exceeding the equivalent of 3 months’ pay;

(h) severe reprimand or reprimand;

(i) admonition;

(j) forfeiture, where the offence is fraud, fraudulent mis-application, theft or any other form of undue enrichment of the accused, provided that evidence exists which satisfies the court that the accused or his estate has benefited from the property or thing subject of the offence;

(k) stoppages, where the offence has occasioned any expense, loss or damage not exceeding one third of the total sum.

(2) Where a court-martial decrees an officer to be reduced in rank under subsection (1) (e) of this section, the court-martial shall also decree the officer’s seniority in the lower rank, for example, if an officer is sentenced to reduction in rank from lieutenant colonel to major, the court-martial shall specify that his seniority in the new rank will be three months, six months, nine months, one year or any other period, provided that if the court-martial fails to decree as aforesaid, the sentence of reduction in rank shall not be invalid, but the seniority in the new rank shall only be specified on review of sentence as is deemed appropriate.

(3) For the purposes of subsection (1) of this section, a punishment specified in any paragraph of scale shall be treated as less than the punishment specified in the preceding paragraph of the scale.

(4) Except as expressly provided in this Act, not more than one punishment shall be awarded by a court-martial for one offence.

(5) Forfeiture or stoppages may be awarded by a court-martial either in addition to or without any other punishment.

(6) A severe reprimand or reprimand may be awarded by a court-martial in addition to a fine.

(7) Where an officer is sentenced by a court-martial to imprisonment, he shall also be sentenced to be dismissed with disgrace and dishonour, provided that if the court-martial fails to sentence him to be dismissed, the sentence of imprisonment shall not be invalid but shall be deemed to include a sentence of dishonour and disgrace.

119. Punishment of soldiers, ratings and aircraftmen

(1) The punishment which may be awarded to a soldier, rating or an aircraftman by sentence of a court-martial under this Act are those set out in the following scale, that is-

(a) death;

(b) imprisonment;

(d) in the case of a warrant or petty officer, dismissal from the Armed Forces;

(e) in the case of warrant officer, petty officer or non-commissioned officer, reduction to ranks or disrating to ordinary rating or any less reduction in rank;

(f) a fine of a sum not exceeding the equivalent of three months’ pay;

(g) in the case of a warrant or petty officer or non-commissioned officer, severe reprimand or reprimand;

(h) where the offence is absence without leave or desertion, forfeiture of service;

(i) forfeiture where the offence is fraud, fraudulent mis-application, theft or any other form of undue enrichment of the accused, provided that evidence exists which satisfies the court that the accused or his estate has benefited from the property subject of the offence;

(j) stoppages, where the offence has occasioned any expense, loss or damage not exceeding one third of the total sum.

(2) For the purposes of subsection (1) of this section, a punishment specified in any paragraph of a scale shall be treated as less than the punishment specified in the preceding paragraph, and greater than that specified in the succeeding paragraph of the scale.

(3) Except as expressly provided in the Act, not more than one punishment shall be awarded by a court-martial for one offence.

(4) A soldier, rating or aircraftman sentenced by a court-martial to imprisonment may in addition thereto be sentenced to be discharged with ignominy from the service.

(5) Where a warrant or petty officer or a non-commissioned officer is sentenced by a court-martial to imprisonment, he shall also be sentenced to be reduced to the ranks or disrated to ordinary rating, provided that, if the court-martial fails to sentence him to be so reduced, the sentence shall not be invalid but shall be deemed to include a sentence or reduction to the ranks or disrating to ordinary rating and shall also include dismissal from the service.

(6) In the case of a warrant or petty officer or a non-commissioned officer, a severe reprimand or reprimand may be awarded by a court-martial in addition to a fine.

(7) Forfeiture or stoppage may be awarded by a court-martial either in addition to or without any other punishment.

120. Field punishment

(1) In relation to an offence committed by a soldier, rating or aircraftman on active service, the scale of punishments set out in subsection (1) of section 119 of this Act shall have effect as if after paragraph (d) thereof there were inserted the following paragraph-

“(dd) field punishment for a period not exceeding ninety days”,

and subsection (5) of section 119 shall apply to field punishment as it applies to imprisonment.

(2) Field punishment shall consist of such duties or drills, in addition to those which the offender might be required to perform if he were not undergoing punishment, and such loss of privileges, as may be provided by or under rules made under this Part of this Act and may include confinement in such place and manner as may be so provided and such personal restraint as may be necessary to prevent the escape of the offender and as may be so provided.

Trial Procedure

PART XIV

Arrest

121. Power to arrest offenders

(1) A person subject to service law under this Act found committing an offence under any provision of this Act, or alleged to have committed or reasonably suspected of having committed the offence, may be arrested in accordance with the following provisions of this section.

(2) A person authorised to effect arrest under this Part of this Act may use such force as is reasonably necessary for that purpose.

(3) An officer may be arrested by an officer subject to service law under this Act of superior rank, or, if engaged in a quarrel or disorder, by an officer of any rank.

(4) A soldier, rating or an aircraftman may be arrested by an officer, warrant or petty officer or a non-commissioned officer subject to service law under this Act, provided that, a person shall not be arrested by virtue of this subsection except by a person of superior rank.

(5) A provost or any officer, warrant or petty officer, non-commissioned officer, or soldier, rating or aircraftman subject to service law under this Act who is lawfully exercising authority under a provost officer or on his behalf, may arrest any officer or soldier, rating or aircraftman, provided that, an officer shall not be arrested by virtue of this subsection except on the order of another officer.

(6) The power of arrest vested in a person by this section may be exercised either personally or by ordering into arrest the person to be arrested or by giving orders for that person’s arrest.

122. Provisions for avoiding delay after arrest, etc.

(1) Subject to the provisions of subsection (2) of this section, the allegations against a person subject to service law under this Act who is under arrest shall be duly investigated within reasonable time and as soon as may be, either proceedings shall be taken for punishing his offence or he shall be released from arrest within 24 hours.

(2) The commanding officer shall have power to determine whether further detention shall continue beyond a period of 24 hours.

(3) Where a person subject to service law under this Act, having been taken into service custody, remains under arrest for a longer period than eight days without a court-martial for his trial being assembled-

(a) a special report on the necessity for further delay shall be made by the commanding officer to the prescribed authority in the prescribed manner; and

(b) a similar report shall be made to the like authority and in the like manner every eight days until a court-martial is assembled or the offence is dealt with summarily or the person is released from arrest, the total period of such further detention not exceeding ninety days,

so however that in the case of a person on active service or in the Navy at sea, compliance with this subsection shall be excused in so far as it is not reasonably practicable having regard to the exigencies of service operations.

(4) For the purposes of subsection (1) of section 84 of this Act, the question whether there has been unreasonable delay in the taking of any steps for the investigation against a person under arrest shall be determined without regard to the provisions of subsection (3) of this section.

(5) The prescribed authority referred to in subsection (3) of this section shall have power to review the adequacy of probable cause and the propriety or otherwise of further detention.

(6) A person arrested under this Act by virtue of this section shall, as soon as is practicable, be released from custody by the person making the arrest unless he believes on reasonable grounds that it is necessary in the interest of public order or the Armed Forces and the need to prevent deliberate undermining of service discipline that the person be retained in custody having regard to all the circumstances, including-

(a) the seriousness of the allegation or accusation, for example, murder or treason;

(b) the need to establish the identity of the person under arrest;

(d) the need to prevent the continuation or repetition of the offence or any other offence;

(e) the necessity to ensure the safety of the person, other persons or property;

(f) the need to forestall the actual or likelihood of interference with investigation, for example, threatening, intimidating, eliminating or subornation of witnesses;

(g) the need to prevent escape of the accused; and

(h) the fact that the accused has not surrendered but has been apprehended as an illegal absentee or has habitually absented himself.

(7) In this section-

(a) “Navy at sea” relates to a person on board a ship at sea in which case-

(i) confinement on board the ship at sea may continue only until the person can be transferred to a confinement facility ashore;

(ii) the transfer shall be accomplished at the earliest opportunity permitted by the operational requirements and mission of the ship; and

(iii) on the transfer, the special report required shall be transmitted to the prescribed authority under subsection (3) of this section;

(b) “prescribed authority” means the appropriate superior authority under this Act.

Investigation of and Summary dealing with Charges

123. Investigation of charges by commanding officer

Before an allegation against a person subject to service law under this Act (in this section referred to as the “accused”) that he has committed an offence under a provision of this Act is further proceeded with, the allegation shall be reported, in the form of a charge, to the commanding officer of the accused and the commanding officer shall investigate the charge in the prescribed manner.

124. Charges to be dealt with summarily or by court-martial

(1) After investigation, a charge against an officer below the rank of lieutenant colonel or its equivalent or against a warrant or petty officer may, if an authority has power under the provisions of this Part and Part XIII of this Act to deal with it summarily, be so dealt with by that authority (in this Act referred to as “the appropriate superior authority”) in accordance with those provisions.

(2) After investigation, a charge against a non-commissioned officer, soldier, rating or an aircraftman may be dealt with summarily by his commanding officer subject to and in accordance with the following provisions of this Part and Part XIII of this Act.

(3) A charge not dealt with summarily shall, after investigation, be remanded for trial by a court-martial.

(4) Notwithstanding anything in the foregoing provisions of this section, where the commanding officer has investigated a charge against an officer or a warrant or petty officer, he may dismiss the charge if he is of opinion that it ought not to be further proceeded with.

(5) References in this Act to dealing summarily with a charge are references to the taking by the appropriate superior authority or the commanding officer of the accused, as the case may require, of the following action, this is-

(a) dismissing the charge; or

(b) determining whether the accused is guilty; or

(d) condoning the offence in accordance with the provisions of this Act.

(6) A commanding officer shall not deal summarily with a charge under any of the following sections of this Act, that is-

(a) sections 45, 46, 47, 48, 51, 52, 53, 65, 66, 67, 69, 70, 71, 72, 73, 75, 76, 83, 88, 91 and 93;

(b) sections 95 and 98 so far as they are applicable to an offence under any of the provisions mentioned in paragraph (a) of this subsection.

(7) Where an officer holding a post specified in Part VIII of this Act has been absent from his post on duty or approved leave for more than 96 hours, continuously, or has otherwise ceased to carry out his duties through sickness or any cause, any other officer temporarily authorised to carry out the duties of the post may while so authorised by the commanding officer carry out the duties of the substantive holder of the post and Part XIII of this Act shall be construed accordingly.

(8) The power conferred by subsection (1) of this section may, in the case of an officer in command of a ship or Naval establishment and subject to any rules made under this Act, be exercised-

(a) in respect of a person on board a single tender or boat who is absent from the ship or establishment on detached service, by the officer in command of that tender or boat;

(b) in respect of persons on board one or two or more tenders or boats who are absent as aforesaid on detached service in company or acting together, by the officer in immediate command of those persons.

125. Further proceedings on charges against non-commissioned officers, soldiers, ratings and aircraftmen

(1) The following provisions of this section shall have effect where the commanding officer has investigated a charge against a non-commissioned officer or soldier, rating or an aircraftman.

(2) Where the charge is one which can be dealt with summarily, the commanding officer may-

(a) if of opinion that it should not be so dealt with, take the prescribed steps with a view to the charge being tried by a court-martial; or

(b) otherwise deal with the charge summarily, and if he records a finding of guilty he may award punishment as provided under Part XIII of this Act.

126. Further proceedings on charges against officers and warrant officers

(1) Without prejudice to the provisions of Part XIII of this Act, a commanding officer, shall, if he can not adequately deal with a charge, and unless he has dismissed the charge, submit it in the prescribed manner to a higher authority who shall thereupon determine how the charge is to be proceeded with in accordance with subsection (2) of this section.

(2) The higher authority may refer the charge to the appropriate superior authority or take the prescribed steps with a view to the charge being tried by a court-martial.

(3) Where the charge is referred to the appropriate superior authority, that authority shall investigate the charge in the prescribed manner and determine whether the accused is guilty of the charge and accordingly dismiss the charge or record a finding of guilty.

(4) If in the course of investigating the charge, the appropriate superior authority determines that it is desirable that the charge should be tried by a court-martial, the prescribed steps shall be taken with a view to its being so tried.

(5) If the appropriate superior authority records a finding of guilty, it may award punishment as provided under Part XIII of this Act.

127. Dismissal of charges referred to higher authority

(1) Notwithstanding anything in sections 123 and 124 of this Act, where a charge-

(a) has been referred to higher authority with a view to its being tried by a court-martial; or

(b) has been submitted to higher authority for determination on how it is to be proceeded with,

that authority may, subject to the provisions of this section, refer the charge back to the commanding officer of the accused with a direction that it shall be dismissed, and in that case the commanding officer shall dismiss the charge.

(2) Where a case is referred back under subsection (1) (b) of this section, it shall be without prejudice to the preferring of another charge if the higher authority has so directed or the commanding officer thinks fit.

128. Officers who are to act as appropriate superior authority

(1) The following persons may act as appropriate superior authority in relation to a person charged with an offence, that is-

(a) the commanding officer; and

(b) any officer of the rank of brigadier or above or officer of corresponding rank or those directed to so act under whose command the person is for the time being.

(2) The President may make rules for the purpose of this section and those rules may confer on the appropriate superior authority power to delegate his functions in such cases and to such extent as may be specified in the rules, to officers of a class so specified.

Courts-Martial: General Provisions

129. Types of courts-martial

There shall be, for the purposes of carrying out the provisions of this Act, two types of courts-martial, that is-

(a) a general court-martial, consisting of a President and not less than four members, a waiting member, a liaison officer and a judge advocate;

(b) a special court-martial, consisting of a President and not less than two members, a waiting member, a liaison officer and a judge advocate.

130. Jurisdiction of courts-martial

(1) A general court-martial shall, subject to the provisions of this Act, try a person subject to service law under this Act for an offence which, under this Act, is triable by a court-martial and award for the offence a punishment authorised by this Act for that offence, except that, where the court-martial consists of less than seven members it shall not impose a sentence of death.

(2) A general court-martial shall also have power to try a person subject to service law under this Act who by law of war is subject to trial by a military tribunal and may adjudge a punishment authorised by law of war or armed conflict.

(3) A special court-martial shall have the powers of a general court-martial, except that, where the court-martial consists of only two members it shall not impose a sentence that exceeds imprisonment for a term of one year or of death.

131. Officers having power to convene court-martial

(1) Subject to the following provisions of this section, a court-martial may be convened by-

(a) the President; or

(b) the Chief of Defence Staff; or

(d) a general officer commanding, a brigadier, colonel or lieutenant colonel or their corresponding ranks having command of a body of troops or establishments; or

(e) an officer for the time being acting in place of those officers.

(2) A general court-martial may be convened by-

(a) the President; or

(b) the Chief of Defence Staff; or

(d) a general officer commanding or corresponding command; or

(e) a brigade commander or corresponding command.

(3) A special court-martial may be convened by-

(a) a person who may convene a general court-martial; or

(b) the commanding officer of a battalion or of a corresponding unit in the Armed Forces.

(4) The senior officer of a detached unit, establishment or squadron may be authorised by the appropriate superior authority to order a court-martial in special circumstances.

132. Jurisdiction for joint trial

(1) Subject to the provisions of section 128 of this Act, where two or more persons subject to service law under this Act under different commands or service jointly commit an offence, the following provisions shall apply as if they were under the same command for the purpose of their trial, that is-

(a) the accused persons shall be tried by one court-martial;

(b) the convening officer for the court-martial shall, subject to subsection (2) of this section, be the officer in whose area of responsibility the offence was committed where one of the accused persons is under his command.

(2) Where two or more accused persons who jointly commit an offence, are in the same area but under different commands, the convening officer for the court-martial shall be the most senior in rank among the two.

133. Constitution of courts-martial

(1) Subject to the provisions of sections 128 and 129 of this Act, a court-martial shall be duly constituted if it consists of the President of the court-martial, not less than two other officers and a waiting member.

(2) An officer shall not be appointed to be a member of a court-marital unless he is subject to service law under this Act and has been an officer in any of the services of the Armed Forces for a period amounting in the aggregate to not less than five years.

(3) The President of a court-martial shall be appointed by order of the convening officer and shall not be under the rank of major or corresponding rank, unless, in the opinion of the convening officer, a major or an officer of corresponding rank having suitable qualifications is not, with due regard to the public service, available, so however that-

(a) the president of a court-martial shall not be under the rank of a captain or a corresponding rank; and

(b) where an officer is to be tried, the President shall be above or of the same or equivalent rank and seniority of the accused and the members thereof shall be of the same but not below the rank and seniority of the accused.

(4) The members of a court-martial, other than the President, shall be appointed by order of the convening officer or in such other manner as may be prescribed.

(5) A convening officer shall appoint a judge advocate for every court-martial.

(6) A judge advocate shall be a commissioned officer who is qualified as a legal practitioner in Nigeria with at least three years post-call experience or failing that he shall on request by the convening officer be nominated by the Directorate of Legal Services of the respective services of the Armed Forces.

(7) If a court-martial is to be convened at a place where, in the opinion of the convening officer, the necessary number of officers having suitable qualifications is not available to form the court-martial and cannot be made available with due regard to the circumstances, the convening officer may, with the consent of the proper superior authority appoint any service officer as President of the court-martial in lieu of, or as any other member of the court in lieu of, or in addition to any service officer or officers.

134. Supplementary provisions as to constitution of courts-martial

(1) The officer who convenes a court-martial shall not be the President or a member of that court-martial.

(2) An officer who, at any time between the date on which the accused was charged with the offence and the date of the trial, has been the commanding officer of the accused and any other officer who has investigated the charge against the accused, or who under service law has held or has acted as one of the persons holding an inquiry into matters relating to the subject matter of the charge against the accused, shall not sit as a member of a court-martial or act as judge advocate at the court-martial.

(3) When the convening officer of a court-martial appoints a captain or an officer of corresponding rank to be president being of opinion that a major or an officer of corresponding rank having suitable qualifications is not with regard to the public service’s exigency available, the order convening the court-martial shall contain a statement of that opinion, and that statement shall be conclusive.

135. Place for sitting of courts-martial and adjournment to other places

(1) Subject to the provisions of this section, a court-martial shall sit at such place as may be specified in the order convening the court-martial, and the convening officer may convene it to sit at a place outside the limits of his command.

(2) A court-martial sitting at a place shall, if the convening officer directs it to sit at some other place, and may, without any such direction if it appears to the court-martial requisite in the interest of justice to sit at some other place, adjourn for the purpose of sitting at that other place.

(3) Without prejudice to the provisions of subsection (2) of this section, a court-martial may if it appears to the court-martial that an adjournment is desirable for any reason, be adjourned for such period as the court-martial thinks fit, provided that, except with the consent of the accused and prosecution, the period for which the court-martial may be adjourned under this subsection shall not on any occasion exceed six days.

(4) Subject to the provisions of this section, a court-martial shall, unless prevented by weather or other unavoidable cause, sit from day to day until the court-martial has arrived at a finding and, in the case of a conviction, until sentence is pronounced but the court shall not sit on a Sunday, or any day that is a public holiday unless, in the opinion of the court-martial or of the convening officer, exigencies of service make it necessary to do so.

136. Dissolution of courts-martial

(1) Where, whether before or after the commencement of the trial, it appears to the convening officer necessary or expedient in the interest of the administration of justice that a court-martial should be dissolved, the convening officer may by order dissolve the court-martial.

(2) Without prejudice to the generality of subsection (1) of this section, if after the commencement of a trial by a court-martial, the membership of the court-martial is reduced, by reason of the death of one or more of the members or for any other reason, below the legal minimum, it shall be dissolved.

(3) The proceedings of a court-martial shall be valid notwithstanding the absence of one or more of the members other than the President, provided that the number of members present throughout the proceedings is not reduced below the legal minimum, but a member of the court-martial who has been absent for any time during a sitting shall take no further part in the proceedings.

(4) Where after the commencement of the trial, the President of the court-martial dies or is otherwise unable to attend and the court-martial is not reduced below the legal minimum, then-

(a) if the senior member of the court-martial is of the rank of major or corresponding rank or is of higher rank and seniority than the accused, the convening officer may appoint him President and the trial shall proceed accordingly; and

(b) if she is not, the court-martial shall be dissolved.

(5) Without prejudice to the generality of subsection (1) of this section, if after the commencement of the trial, it is represented to the convening officer that owing to the sickness or other incapacity of the accused it is impracticable, having regard to all the circumstances, to continue the trial within a reasonable time, the convening officer may dissolve the court-martial.

(6) Where a court-martial is dissolved under the provisions of this section, the accused may be tried by another court-martial.

Courts-Martial: Provisions relating to Trial

137. Challenges by accused of membership of court-martial

(1) An accused about to be tried by a court-martial shall be entitled to object, on any reasonable grounds, to any member of the court-martial or the waiting member whether appointed originally or in lieu of another officer.

(2) For the purpose of enabling the accused to avail himself of the right conferred by subsection (1) of this section, the names of the members of the court-martial and the waiting member shall be read over in the presence of the accused before they are sworn, and the accused shall be asked whether he objects to any of those officers.

(3) An objection made by an accused to an officer shall be considered by the other officers appointed members of the court-martial.

(4) If objection is made to the President of the court-martial and not less than one-third of the other members of the court-martial allow it, the court-martial shall adjourn and the convening officer shall appoint another President.

(5) If objection is made to a member of the court-martial, other than the President of the court-martial and not less than one half of the members entitled to vote allow it, the member objected to shall retire and the vacancy may, and if the number of members would be reduced below the legal minimum, shall, be filled in the prescribed manner by another suitable officer and in such a way always as to ensure that the membership is not reduced below the legal minimum.

138. Administration of oaths and affirmations

(1) An oath shall be administered to every member of a court-martial and to any person in attendance on a court-martial as judge advocate, waiting member, shorthand writers and interpreters.

(2) Subject to subsections (3) and (6) of this section, a witness before a court-martial shall be examined on oath.

(3) Where a child of tender age called as a witness does not, in the opinion of the court-martial, understand the nature of an oath, his evidence may be received, though not given upon oath, if in the opinion of the court-martial he is possessed of sufficient intelligence to justify the reception of the evidence and understands the duty of speaking the truth.

(4) Where the evidence given by a child under subsection (3) of this section is given on behalf of the prosecution, the accused shall not be liable to be convicted upon that evidence alone, unless it is corroborated by some other material evidence in support thereof implicating the accused.

(5) An oath required to be administered under this section shall be in the prescribed form and shall be administered at the prescribed time by the prescribed person and in the prescribed manner.

(6) Where-

(a) a person, required by virtue of this Act to take an oath for the purposes of proceedings before a court-martial, objects to being sworn and states, as the ground of his objection, either that he has no religious belief or that the taking of oath is contrary to his religious belief; or

(b) it is not reasonably practicable to administer an oath to the person as aforesaid in the manner appropriate to his religious belief,

he shall be required to make a solemn affirmation in the prescribed form instead of taking an oath.

139. Courts-martial to sit in open court

(1) Subject to the provisions of subsections (2) and (3) of this section, a court-martial shall sit in open court and in the presence of the accused.

(2) Nothing in subsection (1) of this section shall affect the power of a court-martial to sit in camera on the ground that it is necessary or expedient in the interests of defence and security to do so.

(3) Without prejudice to the power under subsection (2) of this section, a court-martial may order that, subject to such exceptions as it may specify, the public shall be excluded from all or any part of the proceedings of the court-martial if it appears to the court-martial that any evidence to be given or statement to be made in the course of the proceedings or that part, as the case may be, might otherwise lead to the disclosure of any information which would or might be directly or indirectly useful to any enemy or inimical to national or security interest.

(4) A court-martial shall sit in closed court while deliberating on their finding or sentence on any charge.

(5) A court-martial may sit in closed court on any other deliberation amongst the members.

(6) Where a court-martial sits in closed court, no person shall be present except the members of the court-martial and such other person as may be prescribed.

(7) A judge advocate shall be present at all sittings of a court-martial, except during deliberation on finding and sentence.

140. Decisions of courts-martial

(1) Subject to the other provisions of this section, every question to be determined by a court-martial shall be by a majority of the votes of the members of the court-martial.

(2) In the case of an equality of votes on the finding, the court-martial shall acquit the accused.

(3) A finding of guilty where the only punishment which the court-martial can award is death shall not have effect unless it is reached with the concurrence of all members of the court-martial and where in any other case there is no concurrence in the finding by a majority of members, the court-martial may award any less punishment provided by this Act.

(4) Where the accused is found guilty and the court-martial has power to sentence him either to death or to some less punishment, sentence of death shall not be passed without the concurrence of all the members of the court-martial.

(5) In the case of equality of votes on the sentence or on any question arising after the commencement of a trial, other than the finding, the President of the court-martial shall have a second or casting vote.

141. Finding and sentence

(1) Without prejudice to the provisions of section 139 of this Act, the finding of a court-martial on each charge shall be announced in open court and, if the finding is guilty, shall be, and be announced as being subject to confirmation.

(2) The sentence of a court-martial, together with any recommendation to mercy, shall be announced as being subject to confirmation.

142. Power to convict for offence other than that charged

(1) An accused charged before a court-martial with an offence under this Act may, on failure of proof of the offence having been committed under circumstances involving a higher degree of punishment, be found guilty of the offence as having been committed under circumstances involving a lesser degree of punishment.

(2) An accused charged before a court-martial with an offence may be found guilty of attempting to commit the offence.

(3) An accused charged before a court-martial with attempting to commit an offence may be convicted on that charge notwithstanding that it is proved that he actually committed the offence.

(4) Where an accused is charged before a court-martial under section 95 of this Act in respect of attempting to commit a civil offence, he may be convicted on that charge notwithstanding that it is proved that he actually committed the civil offence.

(5) Where an accused is charged before a court-martial with an offence under sec-tion 114 of this Act and the corresponding civil offence is one in proceedings for which, if he had been tried by a civil court for committing the offence in Nigeria, he might have been found guilty of another civil offence, then if the court-martial finds that he has committed that other civil offence he may be convicted of an offence against the said section in respect of the commission of that other civil offence.

(6) An accused charged before a court-martial with an offence specified in the first column of the First Schedule to this Act may, be found guilty of an offence specified in relation thereto in the second column of that Schedule.

[First Schedule.]

143. Rules of evidence

(1) Except as otherwise provided in this Act, the rules as to evidence to be observed in proceedings before a court-martial shall be the same as those observed in criminal courts in Nigeria and no person shall be required in a proceeding before a court-martial to answer a question or to produce a document which he could not be required to answer or produce in a similar proceeding before a civil court in Nigeria.

(2) Notwithstanding anything in subsection (1) of this section, a statutory declaration shall, in a trial by a court-martial, be admissible as evidence of the fact stated in the declaration in a case where, and to the extent which, oral evidence to the like effect would be admissible in that trial, but a statutory declaration shall not be admitted in evidence in the trial on behalf of either of the prosecution or of the defence-

(a) where the declaration is put forward on behalf of the prosecution, unless a copy of the declaration has, not less than seven days before the commencement of trial, been served on the accused; or

(b) where the declaration is put forward on behalf of the defence, unless a copy of the declaration has, not less than seven days or such less period as the convening officer may allow, before the commencement of the trial, been served on the convening officer by the accused; or

(c) in any case, if, not later than three days before the commencement of the trial or within such further time as the court-martial may in special circumstances allow, the accused or, as the case may be, the commanding officer of the accused, serves a notice in the prescribed form on the commanding officer or accused requiring that oral evidence shall be given in lieu of the declaration; or

(d) in any case, if the court-martial is of the opinion that it is desirable in the interest of justice that oral evidence should be given in lieu of the declaration and declares that it is of that opinion.

(3) A court-martial shall take judicial notice of all matters of notoriety, including all matters within the general service knowledge of the court-martial, and of all other matters of which judicial notice would be taken in a civil court in Nigeria.

144. Privileges of witness and others at courts-martial

A witness before a court-martial or any other person whose duty it is to attend on or before the court-martial shall be entitled to the same immunities and privileges as a witness before a High Court.

145. Summoning of witnesses

(1) A person, whether subject to this Act or not, who is required to give evidence before a court-martial may, be summoned by notice in writing given by order of the convening officer or the court.

(2) A person not subject to this Act who attends a court-martial in pursuance of a notice under subsection (1) of this section shall be entitled to receive such expenses of his attendance as may be prescribed.

146. Offences by civilians in relation to courts-martial

(1) Where in Nigeria a person other than a person subject to service law under this Act-

(a) having been duly summoned to attend as a witness before a court-martial, fails to comply with the summons; or

(b) refuses to swear on oath when duly required by a court-martial to do so; or

(c) refuses to produce a document in his custody or under his control which a court-martial has lawfully required him to produce; or

(d) when a witness, refuses to answer a question which a court-martial has lawfully required him to answer; or

(e) wilfully insults a person, being a member of a court-martial or a witness or any other person whose duty it is to attend on or before a court-martial, while that person is acting as a member of the court-martial or is so attending, or wilfully insults that person while that person is going to or returning from the proceedings of a court-martial; or

(f) wilfully interrupts the proceedings of a court-martial or otherwise misbehaves before the court-martial; or

(g) does any other thing which would, if the court-martial had been a court of law having power to commit for contempt, have been contempt of that court,

the President of the court-martial may certify the offence of that person under his hand to the High Court having jurisdiction in that part of Nigeria where the offence is alleged to have been committed or in the place where the offender is to be found.

(2) The High Court to which an offence is certified under subsection (1) of this section may inquire into the alleged offence and after hearing witnesses (if any) and taking any statement that may be offered in defence, punish or take any steps for the punishment of that person in like manner as if he had been guilty of contempt of that High Court.

(3) A person shall not be dealt with under this section in respect of failure to comply with a summons requiring him to attend as a witness before a court-martial unless any expenses in respect of his attendance have been paid or tendered.

(4) For the purposes of subsection (3) of this section-

(a) the tender of a warrant or voucher entitling a person to travel shall be deemed to constitute tender of his expenses in respect of the travelling authorised by the warrant or voucher; or

(b) the tender of a written undertaking on behalf of the convening officer to defray at the trial any other expenses to which the person may be entitled shall be deemed to constitute tender of those expenses.

(5) In this section, “court-martial” means a court-martial held under service law.

PART XV

Post- Trial Procedure

Review of Summary Findings and Awards

147. Review of summary findings and awards

(1) Where a charge has been dealt with summarily and the charge is not dismissed, the authority specified in subsection (4) of this section may review the finding or award either upon a petition submitted under subsection (2) of this section or at any time if facts material to the case arise which were not available during the trial.

(2) A person convicted and sentenced summarily may petition against the finding or award or both to the authority not later than one month after the finding or award was made.

(3) Where on a review under this section, it appears to the authority-

(a) expedient so to do by reason of any mistake of law in the proceedings on the summary dealing with the charge or of anything occurring in those proceedings which, in the opinion of the authority, involved substantial injustice to the accused, the authority may quash the finding, and if the finding is quashed, the authority shall also quash the award;

(b) that a punishment awarded was invalid or too severe or (where the award included two or more punishments) that those punishments or some of them could not validly have been awarded in combination or are, taken together, too severe, the authority may vary the award by substituting such punishment or punishments as the authority may think proper, being a punishment which could have been included in the original award.

(4) In this section, “the authority” means appropriate superior authority.

Confirmation, Revision and Review of Proceedings of Courts-Martial

148. Confirmation of proceedings of courts-martial and unconditional release from custody

(1) Where a court-martial finds the accused guilty of a charge, the record of the proceedings of the court-martial shall be transmitted within sixty days from the date of the finding to the confirming authority for confirmation of the finding and sentence of the court-martial on that charge.

(2) Where the record of proceedings of a court-martial, other than proceedings resulting in sentence of death or life imprisonment, are not transmitted within sixty days as aforesaid, and the accused remains in custody, he shall be released unconditionally pending such confirmation or review.

(3) A finding of guilty or sentence of a court-martial shall not be treated as a finding or sentence of the court-martial until it is confirmed:

Provided that-

(a) this subsection shall not affect the keeping of the accused in military custody pending confirmation, where the sentence is a term of imprisonment or a higher sentence, or the operation of sections 149 and 150 of this Act, or the provisions of this Act as to confirmation or approval; and

(b) the power of detention under this section or the provisions of this Act shall not prejudice the right of an accused to an order of stay of execution of sentence pending appeal or review.

(4) Where an accused person has been refused an order of stay of execution of sentence pending appeal or confirmation of sentence and has been taken in custody, the sentence shall include the period of detention commencing with the date he was so admitted.

(5) In this section, “custody” means detention in an officers’ mess, official residence of the accused or a public guest house, in the case of officers, or in any separate premises designated by the President as a detention facility for persons serving sentence of imprisonment and it excludes civil prison.

149. Petitions against findings or sentences of courts-martial

(1) An accused may, within three months after being sentenced by a court-martial and before the sentence is confirmed, submit to the confirming authority any written matter which may reasonably tend to affect the confirming authority’s decision whether to disapprove a finding of guilty or to approve the sentence.

(2) The matters which may be submitted under this subsection (1) of this section include-

(a) allegations of errors affecting the legality of the trial;

(b) portions or summaries of the record or copies of documentary evidence offered or introduced at the trial; and

(3) Before the confirming authority takes action under section 150 of this Act on a record of trial by a court-martial, the confirming authority shall obtain from the Directorate of Legal Services of the Armed Forces, a legal review of the case, so however that no person who has acted as a member, judge advocate, trial counsel, defence counselor investigating officer in the case may later review the same case.

[1997 No. 15.]

150. Revision of findings of courts-martial

(1) A confirming authority may direct that a court-martial shall revise its finding of guilty in any case where it appears to him that-

(a) the finding was against the weight of evidence; or

(b) some question of law determined at the trial and relevant to the finding was wrongly determined.

(2) A direction shall be accompanied by the necessary directions for the re-assembly of the court-martial, and shall contain a statement of the reasons for the direction.

(3) On the revision of a finding, the court-martial shall-

(a) consider the finding and unless the court-martial adheres thereto, may substitute therefore either a finding of not guilty or any other finding to which the court-martial could originally have reached at the trial in lieu of the finding under revision;

(b) not have power to receive further evidence.

(4) Where on a revision, the court either adheres to the original findings or substitutes therefore a finding of guilty of another offence, or of the same offence in different circumstances, the court-martial may substitute a different sentence for the original sentence.

(5) The court-martial shall not have power to substitute a sentence of a punishment greater than the punishment or the greatest of the punishments awarded by the original sentence, or to substitute a sentence which in the opinion of the court-martial is more severe than the original sentence.

(6) The confirming authority shall not have power to direct the revision of a substituted finding reached by the court-martial on a previous direction of a confirming authority, or the revision of the original finding if adhered to by the court-martial on the previous direction.

(7) Except as provided in subsection (6) of this section, this Act shall apply to the proceedings of the court-martial on any such revision as it applies to its deliberation on the original finding or sentence, and any substituted finding or sentence shall be treated for all purposes as an original finding or sentence of the court-martial.

(8) The decision of a court-martial on a revision shall not be required to be announced in open court.

151. Powers of confirming authority

(1) Subject to the provisions of section 150 of this Act and to the following provisions of this section, a confirming authority shall deal with the finding or sentence of a court-martial-

(a) by withholding confirmation, if of the opinion that the finding of the court-martial is unreasonable or cannot be supported, having regard to the evidence or to the fact that it involves a wrong decision on a question of law or that on any other grounds there was a miscarriage of justice; or

(b) by confirming the finding or sentence; or

(2) Where a confirming authority is of opinion that the facts of the case as considered by the court-martial would have justified a finding of guilty by that court-martial on other grounds, the confirming authority may, instead of withholding confirmation of the finding, substitute a finding of guilty on those other grounds and direct whether the punishment should be remitted in whole or in part or be commuted under the provisions of subsection (4) of this section.

(3) Where it appears to a confirming authority that a sentence of a court-martial is invalid, the confirming authority may, instead of withholding confirmation of the sentence, substitute therefor a proper sentence of any punishment which might have been awarded by the court, not exceeding or, in the opinion of the confirming authority, more severe than that awarded by the court-martial.

(4) If the confirming authority confirms the sentence of a court-martial, the confirming authority may-

(a) remit in whole or in part a punishment awarded by the court-martial; or

(b) commute a punishment so awarded for such other and lesser punishment or punishments as may be prescribed by this Act.

(5) A finding or sentence substituted by the confirming authority or a sentence having effect after the confirming authority has remitted or commuted the punishment, shall be treated for all purposes as a finding or sentence of the court-martial duly confirmed.

(6) The confirmation of a finding or sentence shall not be deemed to be completed until the finding or sentence has been promulgated, and in the event of a substitution, remission or commutation as aforesaid, the finding or sentence shall be promulgated as if it has effect after the substitution, remission or commutation.

(7) Where the confirming authority withholds confirmation under this section, notice therefore shall be promulgated, and it shall have effect as from the date of the promulgation.

152. Confirming authority

(1) Subject to the provisions of this section, the following persons shall have power to confirm the finding or sentence of a court-martial, that is-

(a) the Service Chief concerned where the accused person is a warrant officer, chief-petty officer, soldier, rating or airman;

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(b) the appropriate Service Council or Board, as the case may be, where the accused person is a commissioned officer; or

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(c) in the absence of any of the persons specified in paragraphs (a) and (b) of this subsection, an officer appointed by the appropriate superior to act as the confirming authority whether for the particular case or for a specified number of cases.

(2) The following shall not confirm the finding or sentence of a court-martial, that is-

(a) an officer who was a member of the court-martial; or

(b) a person who, as commanding officer of the accused, investigated the allegations against him or who is for the time being the commanding officer of the accused; or

153. Sentence of death to be approved by President

A sentence of death passed by a court-martial shall not be carried into effect unless it is approved by the President.

154. Petitions after confirmation, review of findings and sentences

(1) Notwithstanding the provisions of section 151 of this Act, an accused person may, after confirmation of a finding or sentence of a general court-martial or of a special court-martial, submit a petition for review of the finding or sentence to a reviewing authority.

(2) A finding or sentence which has been confirmed may at any time be reviewed by a reviewing authority, and if after confirmation of a finding or sentence a petition is duly presented under subsection (1) of this section against the finding or sentence then, subject to the provisions of this section, the finding or sentence shall be so reviewed as soon as may be after the presentation of the petition and after consideration of the matters alleged therein.

(3) The reviewing authorities for the purposes of this Act shall be the appropriate Service Council or Board or, (so far as the delegation extends), an officer to whom the powers of the relevant Service Council or Board as reviewing authority, or any of those powers, may be delegated.

(4) On a review under this section, the reviewing authority may-

(a) in as far as the review is of a finding, quash the finding and, if the sentence relates only to the finding quashed, quash the sentence; or

(b) in any other case, exercise the powers of substituting a finding of valid for invalid sentence and of remitting or commuting punishment as are conferred on a confirming authority by subsections (2), (3) and (4) of section 151 of this Act.

(5) A sentence of imprisonment passed by a court-martial and affirmed by a confirming authority may be reconsidered by the Armed Forces reviewing authority and if on a reconsideration it appears that the conduct of the offender or accused since his conviction has been such as to justify remission of the sentence, whether in whole or in part, it may be so remitted.

(6) If an appeal or application for leave to appeal is lodged with the Registrar of the Court of Appeal under the provisions of Part XVI of this Act so much of subsection (2) of this section as requires the review of a finding or sentence against which a petition has been presented shall thereupon cease to apply to the finding to which the appeal or application for leave to appeal relates and to the sentence passed in consequence of that finding.

(7) The determination of a reviewing authority under this section shall be promulgated and have effect from the date of promulgation.

155. Reconsideration of sentence of imprisonment

(1) A sentence of imprisonment passed by a court-martial may be reconsidered by the appropriate superior authority or by such officers (not below the rank of colonel or corresponding rank) as may, from time to time, be appointed by the President.

(2) If on a reconsideration, it appears that the conduct of the offender or accused since his conviction has been such as to justify remission of the sentence, whether in part or in whole, it may be so remitted.

(3) The power to reconsider a sentence may be exercised at any time after confirmation, and where, after review, a sentence remains effective, it shall be reconsidered at intervals of six months, provided that, delay in complying with this section shall not invalidate the sentence.

Finding of Insanity, etc.

156. Provisions where accused found insane

(1) Where, on the trial of a person by a court-martial, it appears to the Court that the accused is by reason of insanity unfit to stand his trial, the Court shall so find, and if the finding is confirmed in accordance with the following provisions of this section, the accused shall be kept in custody in such manner as may be provided by or under rules made under this Part of this Act, until the pleasure of the President is known or until any earlier time at which the accused is fit to stand his trial.

(2) Where, on the trial of a person by a court-martial, it appears to the Court that the evidence is such as, apart from any question of insanity, to support a finding that the accused was guilty of an offence, but that at the time of the act or omission constituting that offence the accused was by reason of mental disease or natural mental infirmity not criminally responsible for the act or omission alleged as constituting that offence, the court-martial shall find that the accused committed the act or omission but was insane at the said time.

(3) On a finding under subsection (2) of this section-

(a) the accused shall be kept in custody in such manner as may be provided by or under rules made under this Part of this Act until the directions of the President are known;

(b) the President may give orders for the safe custody of the accused during his pleasure in such place and in such manner as he thinks fit.

(4) A finding under subsection (1) of this section shall not have effect unless and until the finding has been confirmed by an authority who would have had power to confirm a finding of guilty by the court-martial in question and has been promulgated.

(5) Where the court-martial or the confirming authority comes to or substitutes a finding under subsection (2) of this section, the confirming authority or, as the case may be, the reviewing authority shall not have power to substitute for that finding, a finding of guilty.

(6) Except as provided in subsection (5) of this section, the provisions of this Act as to revision, confirmation and review (and in particular the provisions of this Act which confer power to substitute for a finding any other finding which could have been come to by the court-martial in question) shall apply in relation to a finding under subsection (2) of this section as those provisions apply in relation to a finding of guilty.

(7) Except as otherwise provided in this Act or unless the context otherwise requires, a reference in this Act to a conviction or a finding of guilty in respect of an offence includes a reference to a finding under subsection (2) of this section in respect of the offence.

(8) For the purposes of this section, “unfit to stand trial” means under any disability such as apart from the Criminal Procedure Law or the Criminal Procedure Code, as the case may be, would constitute a bar to trial on indictment in Nigeria.

Commencement, Suspension and Duration of Sentence

157. Commencement of sentence

Except as otherwise provided in this Act, a sentence of imprisonment or field punishment shall begin to run from the beginning of the day on which the sentence was originally pronounced by the court-martial trying the offender or, as the case may be, was originally awarded by his commanding officer.

158. Duration of sentence of imprisonment

(1) Where a person serving a sentence of imprisonment becomes unlawfully at large during the currency of the sentence, then, in calculating the period for which he is liable to be imprisoned in pursuance of the sentence, no account shall be taken of time elapsing during the period beginning with the day on which he became at large and ending with the day on which, as a person having become unlawfully at large, he is taken into Army, Naval or Air Force custody or the custody of a civil authority or (not having been taken into custody) he returns to the place in which he was imprisoned before he became unlawfully at large.

(2) If a person to whom subsection (1) of this section refers, satisfies such authority as may be specified in that behalf by or under Imprisonment Rules that during the period beginning with the day on which he became at large and ending with the day he is taken into custody under that subsection, he was-

(a) in the custody of a civil authority; or

(b) if and in so far as Imprisonment Rules so provide, in the custody of any Army, Naval or Air Force authority of any country or territory outside Nigeria as respects which arrangements have been made under section 166 of this Act,

otherwise than on account of an offence committed by him while unlawfully at large, that period shall not be disregarded in calculating the period for which he is liable to be imprisoned or detained in pursuance of the sentence imposed under this Act.

(3) In subsections (1) and (2) of this section, “civil authority” means a civil authority (whether of the Federation or of any country or territory outside Nigeria) authorised by law to detain persons and includes a police officer.

(4) Without prejudice to the provisions of subsection (1) of this section, where a person serving a sentence of imprisonment has in accordance with Imprisonment Rules been temporarily released on compassionate grounds, then in calculating the period for which he is liable to be imprisoned in pursuance of the sentence, no account shall be taken of the time elapsing during the period beginning with the day after that on which he is released and ending with the day on which he is required to return to custody.

(5) A person who for any period is released as mentioned in subsection (4) of this section or who is otherwise allowed, in pursuance of Imprisonment Rules, out of military custody for any period or subject to any condition shall, on failure to return at the expiration of the period or to comply with the conditions, be treated for the purposes of subsection (1) of this section as being unlawfully at large.

(6) A person serving a sentence of imprisonment in civil custody who, after being temporarily released under civil law, is at large at any time during the period for which he is liable to be detained in civil custody in pursuance of the sentence, shall be deemed to be unlawfully at large if the period for which he was temporarily released has expired or if an order recalling him has been made in pursuance of civil law.

(7) A reference in subsection (6) of this section to release or recall under civil law is a reference to release or recall in pursuance of the law of the country or territory in which the person is serving his sentence.

159. Suspension of sentence and right of accused to release from custody

(1) The following provisions of this section shall have effect with respect to the suspension of a sentence of imprisonment passed under or pursuant of this Act.

(2) Without prejudice to subsection (5) of section 151 of this Act, a confirming authority may, in confirming a sentence, order that the sentence shall be suspended.

(3) A sentence which is not for the time being suspended may, on the review or reconsideration of the sentence, be suspended by order of the authority reviewing or reconsidering the sentence.

(4) The suspension of a sentence may (without prejudice to the sentence again being suspended) be determined on the review or reconsideration of the sentence by an order of the authority committing the person sentenced to imprisonment, as the case may be.

(5) Where, while a sentence is suspended, the person sentenced is again sentenced by a court-martial to imprisonment for a fresh offence then-

(a) the court-martial may determine the suspension of the earlier sentence by an order committing the person sentenced to imprisonment, as the case may be, and if so, the court-martial shall direct whether the two sentences are to run concurrently or consecutively;

(b) if the court does not exercise the power conferred by paragraph (a) of this subsection, the confirming authority may exercise the power on the confirmation of the latter sentence;

(c) if neither the court nor the confirming authority exercises that power, a reviewing authority may exercise the power on the review of the latter sentence;

(d) where the power is exercised (whether by the court, the confirming authority or a reviewing authority), a power of suspension or remission exercisable in relation to the latter sentence shall be exercisable also in relation to the earlier sentence.

(6) Without prejudice to the further suspension of the earlier sentence, an order under subsection (5) of this section directing that the suspension of that sentence shall be determined shall not be affected by the latter sentence not being confirmed by its being quashed.

(7) Where the sentence of a person in custody is suspended, he shall be released and a sentence which has been suspended shall, unless the suspension has been sooner determined, be remitted by virtue of this subsection at the expiry of one year from the date on which the suspension took effect.

160. Release pending appeal to confirming authority or appropriate superior authority

(1) Notwithstanding the provisions of section 159 of this Act, a person sentenced to a period of detention or imprisonment by a court-martial shall have, within thirty days after being sentenced, the right to apply to the confirming authority or appropriate superior authority for a direction that he be released from custody or imprisonment until the expiration of the period that may be prescribed for appeal under this Act or if there is an appeal, until the determination of the appeal.

(2) On entertaining application for release from custody or imprisonment, the confirming authority or appropriate superior authority, as the case may be, may direct the release of the person so applying and suspension of the sentence if the person so applying establishes-

(a) that he intends to appeal;

(b) that the appeal is not frivolous but founded on sound arguable points of law;

(d) that he shall surrender himself into custody when directed to do so; and

(e) that his detention under custody or imprisonment is not necessary in the interest of the public or the Armed Forces.

161. Undertaking by accused

On the grant of an application for release under this Act, the authority for the release may be given on the undertaking by the accused to-

(a) remain under military authority unless other grounds exist to the contrary;

(b) surrender himself into custody when directed to do so; and

(c) comply with such other reasonable conditions as are stipulated by the confirming authority or appropriate superior authority.

162. Release from custody, review, new undertaking and return to duty

(1) Where a person is directed to be released from custody or imprisonment pursuant to this Part of this Act, the person in whose custody he is shall forthwith without delay release him on his giving the undertaking referred to in section 161 of this Act.

(2) Notwithstanding the provisions of subsection (1) of this section, the conditions of the undertaking may, on application by the person who gave the undertaking or by counsel acting on behalf of the Chief of Defence Staff, be reviewed for the following purposes-

(a) to confirm the conditions;

(b) to vary the conditions; or

(3) Where the conditions of an undertaking are varied or substituted pursuant to the provisions of subsection (2) of this section, the accused shall forthwith without further delay be placed in custody unless he gives an undertaking to comply with the varied or substituted conditions.

(4) A person subject to service law under this Act who is released from custody or imprisonment pursuant to this Part of this Act shall be returned to duty unless the Service Chief concerned or an officer designated by him otherwise so directs.

163. Breach of undertaking

In a case where, without reasonable cause, an undertaking is or is likely to be breached, the release may be cancelled, reviewed or a new undertaking given in accordance with this Part of this Act.

164. Special provisions as to civil prisons in Nigeria

A person sentenced to death or imprisonment and committed or transferred to a civil prison in pursuance of rules made under this Part of this Act or is otherwise confined shall be dealt with in the same manner as a person confined therein under a like sentence of a civil court.

165. Special provisions as to carrying out or serving of sentence outside Nigeria

The President may, from time to time, make arrangements with the authorities of any country or territory outside Nigeria whereby sentence of death passed by a court-martial may, in accordance with rules made under this Part of this Act, be carried out in establishments under the control of those authorities, and sentences of imprisonment may in accordance with imprisonment rules be served wholly or partly in those establishments.

166. Country in which sentence of imprisonment is to be served

(1) A person who is serving a sentence of imprisonment in Nigeria may, in accordance with imprisonment rules, be removed out of Nigeria to any place where the unit or any part thereof to which for the time being he belongs is serving or is under orders to serve but not to any other place.

(2) Subject to the following provisions of this section, a person sentenced under this Act by a court-martial held outside Nigeria to imprisonment for more than twelve months shall as soon as is practicable after the confirmation of the sentence is completed be removed to Nigeria.

(3) Where a person has been sentenced under this Act by a court-martial held outside Nigeria, to imprisonment for more than twelve months, the confirming or reviewing authority may, notwithstanding anything in subsection (2) of this section, direct that he shall not be required to be removed to Nigeria until he has served such part of his sentence, not exceeding two years, as may be specified in the direction.

(4) In determining whether or not to exercise the power conferred by subsection (3) of this section, a confirming or reviewing authority shall have regard to any recommendation in that behalf made by the court-martial.

(5) A direction of a confirming authority under this section may at any time be revoked by the confirming or reviewing authority, or may be superseded by a direction of the confirming or reviewing authority which the authority could have given under subsection (3) of this section and a direction of a reviewing authority under this section may at any time be revoked by a reviewing authority or superseded as aforesaid.

(6) A direction given under this section and a revocation of the direction, shall be promulgated.

(7) In ascertaining at any time for the purposes of this section the nature or length of a sentence, regard shall be had to any commutation or remission of the sentence previously directed.

167. Duties of persons in charge of prison and others to receive prisoners

(1) It shall be the duty, in so far as rules made under this Part of this Act or imprisonment rules so provide, of the Superintendent or other person in charge of a prison (not being a military prison) to receive a person duly sent to that prison in pursuance of those rules and to confine him until execution of the sentence is completed or the prisoner is discharged or delivered over in due course of law.

(2) Where a person is in military custody in pursuance of a sentence of imprisonment, then on receipt of a written order in that behalf purporting to be signed by that person’s commanding officer, it shall be the duty of the Superintendent or other person in charge of a prison or the police officer in charge of a police station or of a person in charge of any other place in which prisoners may lawfully be confined to keep that person in custody for a period not exceeding seven days unless the person is earlier discharged or delivered over in due course of law.

(3) The powers conferred on the commanding officer under this section shall only be exercisable where no military detention facility exists.

Trial of Persons ceasing to be subject to service law and time limited for Trials

168. Trial, etc., of offences although offender no longer subject to service law

(1) Subject to the provisions of section 169 of this Act, where an offence under this Act triable by a court-martial has been committed, or is reasonably suspected of having been committed, by a person while subject to service law under this Act, then in relation to that offence he shall be treated, for the purposes of the provisions of this Act relating to arrest, keeping in custody, investigation of charge, trial and punishment by a court-martial (including confirmation, review and reconsideration) and execution of sentences, as continuing to be subject to service law under this Act notwithstanding his ceasing at any time to be so subject.

(2) Where, while a person is in service custody by virtue of this section, whether before, during or after trial, and he commits or is reasonably suspected of having committed, an offence which if he were subject to service law under this Act would be an offence under this Act triable by a court-martial, then in relation to that offence or suspected offence he shall be treated, for the purposes of the provisions of this Act mentioned in subsection (1) of this section and the provisions of this Act relating to the summary dealing with charges, as having been subject to this Act when the offence was committed or is suspected of having been committed and as continuing to be so subject thereafter.

(3) Where by virtue of either subsection (1) or (2) of this section a person is treated as being at any time subject to service law under this Act for the purpose of any provision of this Act, that provision shall apply to him-

(a) if he holds any rank, as to a person having that rank;

(b) otherwise as to a person having the rank which he had when he was last actually subject to service law under this Act,

but as respects any time after he has been sentenced for the offence in question and the sentence has been confirmed, that provision shall apply to him (in any case) as to a soldier, rating or an aircraftman.

(4) Where, apart from this section, a provision of this Act would under subsection (3) of this section apply to a person in relation to different offences, as to a person having two or more different ranks in the Armed Forces, it shall apply to him as to a person having the lower or lowest of those ranks, as the case may be.

169. Limitation of time for trial of offences under this Act

(1) No person shall be tried by a court-martial for an offence (other than mutiny, failure to suppress mutiny or desertion) unless the trial is begun within three years after the commission of the offence, regard not being had to any period of time during which that person was a prisoner of war or was illegally absent, so however that-

(a) in the case of an offence under section 114 of this Act where proceedings for the corresponding civil offences are, by virtue of any written law, to be brought within a limited time, that limit of time shall apply to the trial of the offence under that section in substitution for the foregoing provisions of this subsection;

(b) a person may, subject to a time limit prescribed by any written law mentioned in paragraph (a) of this subsection and to the consent of the Attorney-General of the Federation, be tried by a court-martial for a civil offence committed outside Nigeria notwithstanding that it was committed more than three years before the beginning of the trial.

(2) A person shall not be triable by virtue of subsection (1) of section 168 of this Act unless his trial is begun within three months after he ceases to be subject to service law under this Act or the trial is for a civil offence committed outside Nigeria and the Attorney-General of the Federation consents to the trial, but this subsection shall not apply to the offences of mutiny, failure to suppress mutiny and desertion under this Act.

(3) A person shall not be arrested or kept in custody by virtue of subsection (1) of section 168 of this Act for an offence at any time after he has ceased to be triable for the offence.

Relations between Armed Forces and Civil Courts and finality of Trials

170. Powers of civil courts

(1) Subject to the provisions of this Act prohibiting retrial where conviction is quashed, nothing in this Act shall restrict the offences for which a person may be tried by a civil court, or the jurisdiction of a civil court to try a person subject to service law under this Act for an offence.

(2) Where a person is tried by a civil court for an offence and he has in pursuance of this Act been punished for an act or omission constituting (whether wholly or in part) that offence by his commanding officer or appropriate superior authority, the civil court shall, in awarding punishment, have regard to his punishment in pursuance of this Act.

171. Offences already disposed of not to be retried

(1) Where a person subject to service law under this Act-

(a) has been tried for an offence by a competent civil court or a court-martial under service law; or

(b) has been charged with an offence under service law and has had the charge dismissed, or has been found guilty on the charge on summary trial under this Act; or

he shall not be liable in respect of that offence to be tried by a court-martial or to have the case dealt with summarily under this Act.

(2) For the purposes of this section-

(a) a person shall not be deemed to have been tried by a court-martial if confirmation is withheld of a finding by the court-martial that he is guilty of the offence or of a finding by a court-martial that he is not guilty of the offence by reason of insanity;

(b) a case shall be deemed to have been dealt with summarily notwithstanding that the finding of the officer who summarily tried the charge has been quashed or varied on review thereof;

(c) an offence shall be deemed to have been condoned by the commanding officer of a person alleged to have committed the offence if, and only if, that officer or any officer authorised by him to act in relation to the alleged offence has, with knowledge of all circumstances, informed him that he will not be charged with the offence;

(d) a person ordered under section 100 of this Act to be imprisoned for an offence under that section shall be deemed to have been tried by a court-martial for the offence.

(3) Where confirmation of a finding of guilty of an offence is withheld, the accused shall not be tried again by a court-martial for that offence unless the order convening the latter court-martial is issued not later than 28 days after the promulgation of the decision to withhold confirmation.

(4) Except as provided in the foregoing provisions of this section, proceedings for an offence under this Act (whether summarily or before a court-martial) shall not be barred on the grounds of condonation if the condonation is done in excess of jurisdiction.

Inquiries and Related Subjects

172. Boards of inquiry

(1) Subject to and in accordance with the provisions of rules made under this Part of this Act (in this Act

referred to as “Board of Inquiry Rules”), the Forces Council or an officer of a service of the Armed Forces commanding a body of service personnel may convene a board of inquiry of the Forces Council or of that officer.

(2) A board of inquiry shall, if directed so to do, express its opinion on any question arising from any matter referred to it.

(3) A board of inquiry shall consist of a president and such number of other persons as may be provided for by the Board of Inquiry Rules, who shall be persons subject to service law under this Act, and the President of the board of inquiry shall be an officer not below the rank of lieutenant or corresponding rank.

(4) Evidence given before a board of inquiry shall not be admissible against a person in a proceeding before a court-martial or at a summary trial by the commanding officer or appropriate superior authority other than a proceeding for an offence under section 101 of this Act or for an offence under section 114 of this Act when the corresponding offence is perjury,

173. Inquiries into absence without leave

(1) Where a board of inquiry, inquiring into the absence of a person subject to service law under this Act, reports that he has been absent without leave or other sufficient cause for a period specified in the report, not being less than twenty-one clear days, a record of the report shall, in accordance with the Board of Inquiry Rules, be entered in the service books.

(2) A record entered in pursuance of subsection (1) of this section shall, unless the person subsequently surrenders or is arrested, or the report of the board of inquiry is annulled by the appropriate service Council or Board or a subsequent board of inquiry, have the like effect as a conviction by a court-martial for desertion.

Miscellaneous Provisions

174. Restitution or compensation for theft, etc.

(1) The following provisions of this section shall have effect where a person has been convicted by a court-martial of unlawfully obtaining a property, whether by stealing, receiving or retaining it knowing or having reason to believe it to have been stolen, fraudulently misapplied or otherwise.

(2) If a property unlawfully obtained is found in the possession of the offender, it may be ordered to be delivered or paid to the person appearing to be the owner of the property.

(3) If a property (other than money) is found in the possession of the offender which appears to have been obtained by him by the conversion or by exchange of a property unlawfully obtained, the property may be ordered to be delivered to the person who appears to be the owner of the property unlawfully obtained.

(4) Where money is found in the possession of the offender, then whether or not it appears to have been unlawfully obtained, an order may be made that there shall be paid out of that money to the person appearing to be the owner of the property unlawfully obtained such sum as may be specified in the order as or towards compensation for the loss caused to the person by the offender, in so far as not otherwise made good under this Act or by recovery of the property unlawfully obtained.

(5) Where a property unlawfully obtained has been sold or given in pawn to some other person who did not then know it to have been unlawfully obtained, an order may be made that, subject to the restitution to the owner of the property sold or given in pawn, there shall be paid to that other person, out of any money found in the possession of the offender (whether or not the money appears to be proceeds of the sale or giving in pawn), such sum as may be specified in the order as or towards compensation for the loss caused to him in consequence of the sale or giving in pawn.

(6) Where a property unlawfully obtained has been given in exchange to some other person who did not then know it to have been unlawfully obtained, an order may be made that, subject to the restitution to the owner of the property given in exchange, there shall be restored to that person the property taken in exchange for the property unlawfully obtained.

(7) An order under this section may be made by the court-martial by which the offender is convicted or by the confirming authority or any reviewing authority, but an order under this section made by a court-martial shall not have effect until it is confirmed by the confirming authority and the provisions of this Part of this Act as to the confirmation and review of the proceedings of a court-martial shall apply to an order under this section as they apply to a sentence.

(8) The operation of an order under this section shall be suspended-

(a) on any case, until the expiration of the period prescribed under Part XVI of this Act as the period within which an application for leave to appeal to the Court of Appeal against the conviction must be lodged; and

(b) if an application is duly lodged, until either the application is finally refused or is withdrawn or the appeal is determined or abandoned.

(9) Where the operation of an order is suspended under this section-

(a) it shall not take effect if the conviction is quashed on appeal;

(b) the Court of Appeal may by order annul or vary the order although the conviction is not quashed;

(c) such steps shall be taken for the safe custody, during the period in which operation of the order is suspended, of the property ordered to be restored or handed over or the money to which the order relates as may be provided by rules of the Court of Appeal made under Part XVI of this Act.

(10) Notwithstanding the provisions of subsection (9) of this section, an order under this section shall not, so far as it relates to the delivery of property to the person appearing to be the owner of the property, be suspended if the court or authority making the order directs to the contrary in any case in which, in the opinion of the court-martial or confirming authority, the title to the property is not in dispute.

(11) An order under this section shall not bar the right of a person, other than the offender or a person claiming through him, to recover a property delivered or paid in pursuance of the order from the person to whom it is delivered or paid.

(12) In this section, “appearing” in relation to an order, means appearing to the court-martial, or reasonably believing to appear to the court-martial or to the confirming authority, or to the reviewing authority making the order, as the case may require.

175. Promulgation of findings, etc.

A finding, sentence, determination or other thing required by this Act to be promulgated shall be promulgated either by being communicated to the accused or in such manner as the confirming or reviewing authority, as the case may be, may direct.

176. Custody of proceedings of courts-martial and right to copies

(1) The record of the proceedings of a court-martial shall be kept in the custody of the convening officer for not less than the prescribed period, being a period sufficient to ensure that the rights conferred by subsections (2) and (3) of this section shall be capable of being exercised.

(2) Subject to the provisions of this section, a person tried by a court-martial shall be entitled to obtain from the convening officer on demand at any time within the relevant period and on payment therefore, at such rate as may be prescribed, a copy of the record of the proceedings of the court-martial.

(3) Where a person tried by a court-martial dies within the relevant period, his personal representative or a person who, in the opinion of the convening officer ought to be treated for the purposes of this subsection as his personal representative, shall, subject to the provisions of this section, be entitled to obtain from the convening officer on demand at any time within the period of twelve months from the death and payment therefore at the prescribed rate, a copy of the record of the proceedings of the court-martial.

(4) If, on an application in pursuance of either subsection (2) or (3) of this section for a copy of the record of proceedings, the Minister certifies that it is requisite for reasons of security that the proceedings or any part thereof should not be disclosed, the applicant shall not be entitled to a copy of the proceedings or the part to which the certification relates.

(5) In this section, “the relevant period” in relation to a person tried by a court-martial, means the period of five years beginning with the date-

(a) of his acquittal; or

(b) where he was convicted, of the promulgation of the finding and sentence; or

(d) where the proceedings relate to two or more charges and the person tried was acquitted on one or more of those charges, of the promulgation of the findings of guilty and the sentence thereon or of the withholding of confirmation of that finding or those findings.

(6) A reference in this section to the record of the proceedings of a court-martial includes a reference to the record of the proceedings with respect to the confirmation or revision of the finding and sentence of the court-martial.

177. Indemnity for prison officers, etc.

No action shall lie in respect of a thing done by a person in pursuance of a sentence of imprisonment under this Act if the doing of that thing would have been lawful but for a defect in a warrant or other instrument made for the purposes of that sentence.

Redress of Complaints

178. Complaints by officers

(1) If an officer thinks himself wronged in any matter by a superior officer or authority and on application to his commanding officer does not obtain the redress to which he thinks he is entitled, he may make a complaint with respect to that matter to the Forces Council.

(2) On receiving a complaint under subsection (1) of this section, the Forces Council shall investigate the matter and grant any redress which appears to the Forces Council to be necessary or if the complainant so requires, the Forces Council shall make its report on the complaint in order to seek the directions of the President on the matter.

(3) Subject to subsection (1) of this section, an officer who feels he has been wronged in any matter shall first exhaust the administrative remedies available to him under this section of this Act before embarking on any other action.

(4) An initial complaint by an officer to his commanding officer under subsection (1) of this section, shall be made not later than three months of the wrong in respect of which it is brought, and where the officer has not obtained the redress to which he thinks himself entitled, he may make a further complaint in the prescribed manner to the authority prescribed under subsection (1) of this section not later than three months of the complaint or of receiving the unfavourable redress, as the case may be.

(5) No officer shall be penalised for having made a complaint in accordance with this section if the complaint does not contravene a provision of this Act.

179. Complaints by soldiers, ratings and aircraftmen

(1) If a soldier, rating or aircraftman thinks himself wronged in any matter by an officer or by a soldier, rating or an aircraftman, he may make a complaint with respect to that matter to his commanding officer.

(2) If a soldier, rating or an aircraftman thinks himself wronged in any matter by his commanding officer, either by reason of redress not being given to his satisfaction on a complaint under subsection (1) or of any other reason, he may make a complaint with respect thereto to any Army, Naval or Air Force officer under whom the complainant is for the time being serving, being an officer not below the rank of brigadier or corresponding rank.

(3) On receiving a complaint under this section, a commanding officer shall investigate the matter and grant any redress which appears to him to be necessary.

(4) Subject to subsection (1) of this section, a soldier, rating or an aircraftman who feels he has been wronged in any matter shall first exhaust the administrative remedies available to him under this section before embarking on any other action.

(5) An initial complaint by a soldier, rating or an aircraftman to his commanding officer under subsection (1) of this section shall be made not later than three months of the wrong in respect of which it is brought, and where the soldier, rating or aircraftman has not obtained the redress to which he thinks himself entitled he may make a further complaint in the prescribed manner to the authority prescribed under subsection (2) of this section not later than three months of the complaint or of receiving the unfavourable redress, as the case may be.

(6) No soldier, rating or aircraftman shall be penalised for having made a complaint in accordance with this section so far as the complaint does not contravene any provisions of this Act.

Rules of Procedure, etc.

180. Rules of procedure and other rules, etc.

The President may make rules of procedure generally for the purposes of this Act and without prejudice to the generality of the foregoing, rules may be made-

(a) for the convening, constitution and conduct of courts-martial;

(b) with respect to the execution of sentences of death under this Act, including the manner and place where the executions are to be carried out and the custody, treatment and removal of persons under sentences of death;

(i) the prisons, civil or otherwise, in which those sentences are to be served;

(ii) the classification, treatment, employment, discipline, control, removal and temporary release on compassionate grounds of persons serving those sentences; and

(iii) the appointment, powers and duties of inspectors, visitors, governors and other members of the staff and officers in charge of persons serving those sentences;

(d) for the convening, constitution and procedure of boards of inquiry, the rules of evidence to be observed and the taking of evidence by those boards, including the administration of oaths and affirmations to witnesses and the making of reports by the boards;

(e) with respect to field punishment;

(f) in respect of matters for which rules may be made under the foregoing provisions of this Part of this Act;

(g) for such incidental and supplementary matters as appear requisite for the purposes of the foregoing provisions of this subsection.

181. Savings and repeal: rules of procedure

(1) Subject to the provisions of section 182 of this Act, the rules of procedure relating to trial by courts-martial and summary proceedings for the time being in force in the various services of the Armed Forces, that is, the Rules of Procedure (Army) 1972, the Court-martial Procedure for Royal Navy BR 11 and the Rules of Procedure (Air Force) 1972, shall apply mutatis mutandis unless otherwise provided.

(2) Notwithstanding the provisions of subsection (1) of this section, the Rules of Procedure referred to in that subsection shall cease to apply when the President makes the rules of procedure and other rules as provided under section 180 of this Act.

182. Interpretation of this Part of this Act

(1) Reference in this Part of this Act to a sentence of imprisonment is a reference to a sentence of imprisonment passed by a court-martial or awarded summarily under section 115 or 116 of this Act.

(2) Reference in this Part of this Act to detention or to sentence of detention includes reference to detention ordered by a court-martial or to a sentence passed by the commanding officer of the offender or accused.

(3) Where a person subject to service law under this Act is appointed or drafted to a service unit, ship or establishment for duty, that person shall be treated for the purposes of this Act as belonging to that unit, ship or establishment to which he is appointed or drafted.

(4) Reference in this Part of this Act to warrant or chief petty officer does not include reference to acting warrant or chief petty officers.

(5) Reference in this Part of this Act to non-commissioned or petty officer includes reference to acting warrant or petty officer and to acting chief petty officer.

PART XVI

Appeals from Courts-Martial

183. Right of appeal

Subject to the following provisions of this Part, an appeal shall lie from decisions of a court-martial to the Court of Appeal with the leave of the Court of Appeal:

Provided that, an appeal as aforesaid shall lie as of right without the leave of the Court of Appeal from any decision of a court-martial involving a sentence of death.

[1997 No. 15.]

184. Procedure for applying for leave to appeal or lodging appeal

(1) Leave to appeal to the Court of Appeal shall not be given except in pursuance of an application in that behalf made by or on behalf of the appellant and lodged, subject to subsection (2) of this section, within forty days of the date of promulgation of the finding of the court-martial in respect of which the appeal is brought with the Registrar of the Court of Appeal, being an application in the prescribed form and specifying the grounds on which leave to appeal is sought and such other particulars, if any, as may be prescribed.

[1997 No. 15.]

(2) An appeal against a decision involving a sentence of death shall not be entertained by the Court of Appeal unless the appeal is lodged by or on behalf of the appellant, within ten days of the date of promulgation of the finding of the court-martial in respect of which the appeal is brought with the Registrar of the Court of Appeal in the prescribed manner.

[1997 No. 15.]

(3) Rules of court may provide that, in such circumstances as may be specified in the said rules, any such application or appeal which is lodged with such person (other than the Registrar) as is specified in the said rules shall be treated, for the purpose of subsection (1) of this section, as having been lodged with the Registrar.

[1997 No. 15.]

(4) The Court of Appeal may extend the period within which an application for leave to appeal is required by subsection (1) of this section to be lodged, whether that period has expired or not.

[1997 No. 15.]

(5) In considering whether or not to give leave to appeal, the Court of Appeal shall have regard to any expression of opinion made by a judge advocate, if any, who acted at the court-martial that the case is a fit one for appeal, and, if any such expression is made, may give leave to appeal.

[1997 No. 15.]

(6) Where the Court of Appeal dismisses an application for leave to appeal it may, if it considers the application to have been frivolous or vexatious, order that any sentence passed upon the applicant in the proceedings from which it was sought to bring the appeal shall begin to run from the day on which the Court dismisses the application.

[1997 No. 15.]

185. Determination of appeals in ordinary cases

(1) Subject to the provisions of section 186 of this Act, on an appeal under this Part against a conviction, the Court of Appeal shall allow the appeal if it thinks that the finding of the court-martial is unreasonable or cannot be supported having regard to the evidence or involves a wrong decision on a question of law or that, on any ground, there was a miscarriage of justice, and in any other case shall dismiss the appeal:

Provided that, the Court of Appeal may, notwithstanding that it is of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has actually occurred.

[1997 No. 15.]

(2) If the Court of Appeal allows an appeal against a conviction under this Part, it shall quash the conviction.

[1997 No. 15.]

(3) On an appeal under this Part against a sentence the Court of Appeal shall, if it is of opinion that a different sentence should have been passed, quash the sentence passed by the court-martial and pass such other sentence (whether more or less severe) in substitution thereof as it thinks ought to have been passed, being a sentence which, under section 118 or 119 of this Act, could lawfully have been passed for the offence of which the appellant was convicted, or, if it is not of that opinion, dismiss the appeal.

[1997 No. 15.]

(4) The term of any sentence passed by the Court of Appeal under subsection (3) of this section, shall, unless the Court of Appeal otherwise directs, begin to run from the time from which it would have begun to run if it had been passed in the proceedings from which the appeal is brought and any such sentence shall be deemed for the purposes of this Act to be a sentence passed by the court-martial being a sentence that has been confirmed.

[1997 No. 15.]

186. Powers of the Court of Appeal

(1) If it appears to the Court of Appeal that an appellant, though not properly convicted on some charge preferred against him before the court-martial by which he was tried, was properly convicted on some other charge so preferred, then, if the sentence passed by the court-martial on the appellant was not one which could lawfully be passed by the court-martial for the offence of which he was convicted on the other charge, the Court of Appeal shall pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence as it thinks proper, being a sentence which, under section 118 or 119 of this Act might lawfully be passed in respect of the charge on which the appellant was properly convicted, but not being a sentence of greater severity.

[1997 No. 15.]

(2) Where an appellant has been convicted of an offence and the court-martial by which he was tried could lawfully have found him guilty of some other offence, and it appears to the Court of Appeal that the court-martial shall have been satisfied of facts which proved him guilty of that other offence, the Court of Appeal may, instead of allowing or dismissing the Appeal, substituting for the finding of the court-martial a finding of guilty of the other offence and pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence as it thinks proper, being a sentence which, under section 118 or 119 of this Act, could lawfully have been passed for that other offence but not being a sentence of greater severity.

[1997 No. 15.]

(3) Where-

(a) an appellant has been convicted of an offence committed under circumstances involving the higher of two degrees of punishment, and it appears to the Court of Appeal that the court-martial by which he was tried ought to have found him guilty of the offences as being committed under circumstances involving the lower degree of punishment; or

(b) an appellant has been convicted of an offence and it appears to the Court of Appeal that the court-martial by which he was tried ought to have found him guilty of the offence subject to exceptions or variations,

the Court of Appeal may, instead of allowing or dismissing the appeal, substitute for the finding of the court-martial a finding of guilty of the offence as being committed under circumstances involving the lower degree of punishment or, as the case may be, is guilty of the offence subject to exceptions or variations and pass on the appellant, in substitution for the sentence passed on him by the court-martial, such sentence as it thinks proper, being a sentence which, under section 118 or 119 of this Act, could lawfully have been passed for the offence specified or involved in the substituted finding, but not being a sentence of greater severity.

[1997 No. 15.]

(4) If, on an appeal, it appears to the Court of Appeal that, although the appellant committed the act or omission charged against him, he was insane at the time the act was done, or the omission made, so as not to be responsible according to law for his actions, the Court of Appeal may quash the sentence passed at the trial and order the appellant to be kept in custody under the provisions of section 156 of this Act, in like manner as on a special finding of insanity by the court-martial by which the appellant was convicted.

[1997 No. 15.]

(5) The term of any sentence passed by the Court of Appeal under any of the foregoing provisions of this section shall, unless the Court of Appeal otherwise directs, begin to run from the time from which it would have begun to run if it had been passed in the proceedings from which the appeal is brought and such sentence shall be deemed for the purposes of this Act to be a sentence passed by the court-martial being a sentence that has been confirmed.

[1997 No. 15.]

187. Appeals not to be final

The determination by the Court of Appeal of any appeal or other matter which it has power to determine under the provisions of this Part of this Act shall not be final.

[1997 No. 15.]

188. Supplementary powers of the Court of Appeal

For the purposes of this Part, the Court of Appeal may, if it thinks it necessary or expedient in the interest of justice, appoint any person with special expert knowledge to act as assessor to the Court in any case where it appears to the Court of Appeal that such special knowledge is required for the proper determination of the case.

[1997 No. 15.]

189. Proceedings may be heard in absence of appellants

An appellant shall not be entitled to be present at the hearing of an appeal to the Court of Appeal under this Part or at any proceeding preliminary or incidental to such an appeal, except where rules of court provide that he shall have the right to be present or the Court of Appeal gives him leave to be present, and accordingly any power of the Court under this Part to pass a sentence may be exercised notwithstanding the absence of the appellant.

[1997 No. 15.]

190. Defence of appeals

It shall be the duty of the Attorney-General of the Federation on an appeal against a decision of a court-martial to undertake the defence of the appeal.

[1997 No. 15.]

191. Right of appellant to present his case in writing

An appellant may, if he so desires, instead of presenting his case orally, present it in writing in the prescribed form.

[1997 No. 15.]

192. Suspension of death sentences

Where a conviction by court-martial involves sentence of death-

(a) the sentence shall not in any case be executed until the expiration of the period within which an appeal to the Court of Appeal against the conviction shall be lodged;

(b) if such an appeal is duly lodged, the sentence shall not be executed until the appeal is determined or abandoned.

[1997 No. 15.]

193. Persons not to be tried again where conviction quashed

Where the conviction of a person by a court-martial for an offence has been quashed under this Part, he shall not be liable to be tried for that offence by a court-martial or by any other court.

[1997 No. 15.]

194. Removal of prisoners for purpose of proceedings under this Part

Imprisonment rules may provide in what manner an appellant, when in custody, is to be taken to, kept in custody at and brought back from any place at which he is entitled to be present for the purposes of this Part or any place to which the Court of Appeal or a judge thereof may order him to be taken for the purpose of any proceedings of the Court of Appeal.

[1997 No. 15.]

195. Furnishing on appeal of documents relating to trial

In the case of every appeal or application for leave to appeal, under this Part to the Court of Appeal against a decision of a court-martial, it shall be the duty of the Commander to furnish to the Registrar of the Court of Appeal, in accordance with rules of court, the proceedings of the court-martial (including any proceedings with respect to the revision of the findings or sentence of the court-martial), in pursuance of subsection (1) of section 150 of this Act with respect to the confirmation of the finding and sentence of the court-martial.

[1997 No. 15.]

196. Duties of Registrar of the Court of Appeal with respect to appeals, etc.

(1) The Registrar of the Court of Appeal shall take all necessary steps for obtaining the determination of an appeal or application under this Part and shall obtain and lay before the Court of Appeal in proper form all documents, exhibits and other things relating to the proceeding in the court-martial before which the appellant or applicant was tried which appear necessary for the proper determination of the appeal or application.

(2) The Registrar of the Court of Appeal shall furnish the necessary forms and instructions relating to appeals or applications for leave to appeal under this Part to any person who demands them, to persons in charge of places where persons sentenced by court-martial may lawfully be confined for the purpose of serving their sentences and to such other persons as he thinks fit and every person in charge of such a place as aforesaid shall cause the forms and instructions to be placed at the disposal of persons confined in that place who desire to lodge an appeal or make application for leave to appeal under this Part.

[1997 No. 15.]

197. Rules of court

(1) The President of the Court of Appeal may make rules of court for regulating the procedure and practice to be followed in the Court of Appeal for the purposes of this Part.

(2) Rules of court made for the purposes of any provision of this Part may make different provisions in relation to different classes of cases and may provide for any incidental or supplementary matters for which it appears to the Court of Appeal to be necessary or expedient for the purposes of that provision to provide.

(3) Reference in this Part to “prescribed” means prescribed by such rules of court.

[1997 No. 15.]

198. Savings of powers of reviewing authorities

Nothing in this Part shall affect the exercise by reviewing authorities of the powers conferred by section 149 of this Act in respect of a decision of a court-martial so far as regards the exercise thereof at a time before the lodging with the Registrar of the Court of Appeal of an appeal or an application for leave to appeal to the Court of Appeal against the decision and nothing in this Part shall affect the exercise by the President of the prerogative of mercy.

[1997 No. 15.]

199. Composition of the Court

Upon the hearing of any appeal from a court-martial, the Court of Appeal shall consist of at least three Justices.

[1997 No. 15.]

200. Exercise of certain powers of the Court of Appeal by a Justice

Notwithstanding the provisions of section 199 of this Act, any Justice of the Court of Appeal may-

(a) give leave to appeal; or

(b) extend the period within which an application for leave to appeal is required by subsection (1) of section 184 of this Act to be lodged; or

but if the Justice of the Court of Appeal refuses an application on the part of an appellant to exercise in his favour any of the powers hereinbefore mentioned, the appellant, upon making a requisition in that behalf within the prescribed period and in the prescribed form and manner, shall be entitled to have the application determined in accordance with the provisions of section 198 of this Act.

[1997 No. 15.]

201. General provisions as to procedure

Subject to the provisions of this Part and to any rules of court, the provisions of the Court of Appeal Act relating to the hearing of appeals from subordinate courts shall apply to the hearing and determination of an appeal under this Part.

[Cap. C36. 1997 No. 15.]

202. Right of further appeal to the Supreme Court

Subject to the provisions of this Act, an appeal shall lie from the decisions of the Court of Appeal to the Supreme Court of Nigeria.

[1997 No. 15.]

PART XVII

Forfeitures and Deductions

203. Regulations as to pay

The President shall make regulations governing the pay, allowances and other emoluments of the officers, soldiers, ratings and aircraftmen of the Armed Forces (in this Act referred to as “Pay Regulations”) and other matters pertaining thereto and in particular governing the provisions of this Part of this Act.

204. Forfeitures and deductions: general provisions

(1) No forfeiture of the pay of a person subject to service law under this Act shall be imposed unless authorised by this Act or any other written law and no deduction from that pay shall be made unless so authorised or authorised by Pay Regulations, so however, that the President may authorise deductions from pay to form a welfare scheme for service personnel.

(2) Pay Regulations shall not authorise the making of a penal deduction, that is, a deduction to be made by reason of the commission of an offence or other wrongful act or in consequence of an offence or in consequence of any negligence.

(3) Nothing in subsection (1) or (2) of this section shall prevent the making of Pay Regulations providing for-

(a) the imposition of a forfeiture authorised by this Act or the making of a deduction so authorised, or for the time at which and the manner in which the amounts may be deducted from pay to give effect to the authorised deduction or the manner in which amounts may be so deducted in order to recover a fine imposed in pursuance of this Act, or as to the appropriation of the sum or amount when deducted; or

(b) the determination of questions relating to forfeitures or deductions.

(4) Notwithstanding a deduction from the pay of a person subject to service law under this Act, he shall (subject to any forfeiture) remain in receipt of pay at not less than such minimum rate as may be prescribed in Pay Regulations.

(5) Notwithstanding that forfeiture of pay of a person subject to service law under this Act for any period has been ordered in pursuance of this Act, he shall remain in receipt of pay at such a minimum rate as may be prescribed in Pay Regulations, but the amount received for that period may be recovered from him by deduction from pay.

(6) An amount authorised to be deducted from the pay of a person subject to service law under this Act may be deducted from any balance (whether or not representing pay) which may be due to him as an officer, soldier, rating or aircraftman and reference in this Act to the making of deductions from pay shall be construed accordingly, and the whole or any part of a sum forfeited from the pay of an offender may be recovered by deduction from that balance.

205. Forfeiture of pay for absence from duty

(1) The pay of a person subject to service law under this Act may be forfeited-

(a) for a period of absence in such circumstances as to constitute an offence under section 59 or 60 of this Act if the commander so directs, or of any other absence without leave; or

(b) for a period of imprisonment or field punishment awarded under service law by a court-martial or commanding officer or of imprisonment or detention of any description to which he is liable in consequence of an order or sentence of a civil court; or

(c) if he is found guilty (whether by a court-martial, an appropriate superior authority or his commanding officer) of an offence under service law, for any period (whether before or after he is found guilty) in which he is in hospital on account of sickness or injury certified by the proper medical officer to have been occasioned by the offence.

(2) The pay of a person subject to service law under this Act may be forfeited for any day of absence by reason of his having been made a prisoner of war if the commanding officer is satisfied that-

(a) he was made a prisoner of war through disobedience of orders or wilful neglect of his duty; or

(b) having been made a prisoner of war-

(i) he failed to take any reasonable steps available to him to rejoin the service of the Armed Forces; and

(ii) served with or aided the enemy in the prosecution of hostilities or measures calculated to influence morale or in any other manner whatsoever not authorised by international usages.

(3) Except as provided in subsection (2) of this section, nothing in paragraph (a) of subsection (1) of this section shall apply to absence by reason of having been made a prisoner of war.

(4) Pay Regulations may make provisions as to the computation of time for the purpose of this section and in particular as to the counting or disregarding of part of a day.

206. Deduction for payment of civil penalties

Where a person subject to service law under this Act charged with an offence before a civil court (whether within or outside Nigeria) is sentenced or ordered by the Court to pay any fine, penalty, damages, compensation or costs and the whole or part thereof is met by a payment made by or on behalf of a service authority, the amount of the payment may be deducted from his pay.

207. Compensation for loss occasioned by wrongful act or negligence

(1) Without prejudice to the provisions of this Act as to the imposition of stoppage as a punishment, the provisions of subsections (2) and (3) of this section shall have effect where, after such investigation as may be prescribed by Pay Regulations, it appears to the Forces Council, the commander or an officer authorised in Pay Regulations that any loss of or damage to public or service property has been occasioned by a wrongful act or negligence of a person subject to service law under this Act.

(2) The Forces Council, the commander or an authorised officer, as the case may be, may order the person responsible for the wrongful act or negligence to pay as or towards compensation for the loss or damage, such sum as may be specified in the order, and that sum, in so far as it is not otherwise paid by that person, may be deducted from his pay.

(3) No order shall be made under the provisions of subsection (2) of this section if in proceedings before a court-martial or on a summary trial by an appropriate superior authority or a commanding officer, the person responsible for the wrongful act or negligence-

(a) has been acquitted in circumstances involving a finding that he was not guilty of the wrongful act or negligence in question; or

(b) has been awarded stoppages in respect of the same loss or damage,

but except as aforesaid, the fact that those proceedings have been brought in respect of the wrongful act or negligence in question shall not prevent the making of an order or deductions under subsection (2) of this section.

208. Deductions for barrack damage

(1) When-

(a) damage occurs to any premises in which one or more units or part of a unit are quartered or billeted, or any fixture, furniture or effect in or belonging to the premises are damaged or lost; and

(b) it appears, on investigation in accordance with the provisions of Pay Regulations, that the damage or loss was occasioned by the wrongful act or negligence of a person belonging to any of the units or parts of units in occupation thereof, but that the person cannot be identified,

a person belonging to any of those units or parts of units may be required to contribute towards compensation for the damage or loss such amount as may, in accordance with Pay Regulations, be determined to be just and the amount may be deducted from his pay.

(2) The provisions of subsection (1) of this section shall extend to ships, trains, motor vehicles and aircraft in which units or parts of units are being transported and references to premises, quartering and occupation shall be construed accordingly.

209. Remission of forfeitures and deductions

A forfeiture or deduction imposed under the provisions of section 205,206,207 or 208 of this Act or under Pay Regulations may be remitted by the Forces Council in such a manner and by such authority as may be provided by those Regulations.

PART XVIII

Enforcement of Maintenance and Affiliation Orders by Deduction from Pay

210. Enforcement of maintenance and affiliation orders by deduction from pay

(1) Where a court in Nigeria has made an order against a person subject to service law under this Act (in this section referred to as “the defendant”) for the payment for any period or of any other sum specified in the order for or in respect of-

(a) the maintenance of his wife or child; or

(b) any cost incurred in obtaining the order; or

then (whether or not he was a member of the Armed Forces when the order was made) the Forces Council or Service Chief may order the sum to be deducted from the pay of the defendant and appropriated in or towards satisfaction of the payment due under the order of the court.

(2) Where to the knowledge of the Court making an order under subsection (1) of this section, the defendant is a person subject to service law under this Act, the Court shall send a copy of the order to the Forces Council or to an officer authorised by it.

(3) Where an order under subsection (1) of this section has been made by a court in Nigeria and the Forces Council or an officer authorised by it is satisfied that the defendant has had a reasonable opportunity of appearing in person, or has appeared by a duly authorised legal representative, to defend the case before the Court by which the order was made, the Forces Council or officer shall have the like power under subsection (1) of this section as if the order has been made by a court as is mentioned in that subsection.

(4) The Forces Council or an officer authorised by it may by order vary or revoke an order previously made under this section, and may treat an order under this section as being suspended at any time while the person against whom the order was made is absent as mentioned in paragraph (a) of subsection (1) of section 205 of this Act.

(5) In this section, reference to a wife or child includes, in relation to an order made in a proceeding in connection with the dissolution or annulment of a marriage, is a reference to a person who would have been the wife or child of the defendant if the marriage had subsisted, and reference to a child of a person includes reference to a child of his wife and to a child born out of wedlock or an adopted child of that person or of his wife.

211. Deductions from pay for maintenance of wife or child

(1) Where the Forces Council or an officer authorised by it is satisfied that a person subject to service law under this Act is neglecting, without reasonable cause, to maintain his wife or his child under the age of eighteen years, the Forces Council or officer may order such sum to be deducted from his pay and appropriated towards the maintenance of his wife or child as the Forces Council or officer thinks fit

(2) On an application made to the Forces Council or an officer authorised by it, the Forces Council or officer may, if satisfied that a prima facie case has been made out for the making of an order under subsection (1) of this section, make an interim order for the deduction and appropriation as is mentioned in that subsection pending the further examination of the case.

(3) Where an order is in force under subsection (1) or (3) of section 210 of this Act for the making of deductions in favour of a person from the pay of a person subject to service law, no deductions from his pay in favour of the same person shall be ordered under subsection (1) or (2) of this section unless the person subject to service law is in the place where the variation of the order of the Court in consequence of which the order under section 210 was made.

(4) The Forces Council or an officer authorised by it may by order vary or revoke any order previously made under this section, and may treat an order made under this section as being suspended at any time while the person against whom the order was made is absent as mentioned in paragraph (a) of subsection (1) of section 205 of this Act.

(5) The power to make an order under this section for the deduction of any sum and its appropriation towards the maintenance of a child shall include power-

(a) subject to the provisions of subsection (3) of this section, to make an order after the child has attained the age of eighteen years, if an order in favour of the child is in force under subsection (1) or (3) of section 210 of this Act; or

(b) to make an order after the child has attained the age of eighteen years if-

(i) an order of the Court as is mentioned in subsection (1) of section 210 was in force in favour of the child at the time when the child attained that age;

(ii) the person from whose pay the deductions are ordered is in the place mentioned in subsection (3) of this section; and

(iii) the child is for the time being engaged in a course of education or training; or

(c) to continue an order, from time to time, after the child has attained the age of eighteen years, if the child is for the time being engaged in a course of education or training,

but no order so made or continued shall remain in force after the child attains the age of twenty-one years or shall, unless continued under paragraph (c) of this subsection, remain in force for more than two years.

212. Deductions from pay in respect of judgment debts, etc.

(1) Where by a judgment or an order enforceable by a court in Nigeria, a sum is required to be paid by a person subject to service law under this Act, the Forces Council or an officer authorised by it may, whether or not that person was a member of the Armed Forces at the time when the judgment or order was given or made, order such amount as the Forces Council or officer thinks fit to be deducted from the pay of that person, and appropriated in or towards satisfaction of the sum.

(2) The provisions of subsection (1) of this section shall not apply to a sum as is mentioned in section 210 of this Act, or to a sum in respect of which deduction may be ordered under that section.

213. Limits of deductions under sections 210 to 212 of this Act and effect of forfeiture

The sum deducted under sections 210, 211 and 212 of this Act from a person’s pay and whether before or after the deductions have been ordered, he incurs a forfeiture of pay in consequence of the finding or award of the appropriate superior authority or his commanding officer, shall apply only to so much of his pay as remains after the deductions have been made.

214. Service of process in maintenance proceedings

(1) A process to be served on a person subject to service law under this Act, (in this section referred to as “the defendant”) in connection with proceedings for an order of a court in Nigeria as is mentioned in subsection (1) of section 210 of this Act, or for the variation, revocation or revival of that order, shall be deemed to be duly served on him if served either on him or his commanding officer, and may, without prejudice to any other method of service, be so served by registered post.

(2) Where a process as is mentioned in subsection (1) of this section is served in Nigeria and the defendant is required to appear in person at the hearing, then, if his commanding officer certifies to the court by which the process was issued that the defendant is under orders for active service out of Nigeria and that in the commanding officer’s opinion it would not be possible for the defendant to attend the hearing and return in time to embark for that service, the service of the process shall be deemed not to have been effected.

(3) Nothing in this section shall be construed as enabling process to be served in connection with proceedings in a court of law unless the defendant is within Nigeria and, in the opinion of the commanding officer, he will be available for the hearing.

PART XIX

Billeting and Requisitioning of Vehicles

Billeting

215. Billeting requisitions

At any time when this section is in operation, a general or field officer commanding an arm or part of the Armed Forces may issue a billeting requisition requiring the police officer in charge of an area in Nigeria specified in the requisition to provide-

(a) billets at such places in that area, for such members of the Armed Forces; and

(b) if the requisition so provides, for such number of vehicles in use for the purpose of the Armed Forces, being vehicles of any class specified in the requisition,

as may be so specified.

216. Premises in which billets may be provided

(1) Billets, other than for vehicles, may be provided in pursuance of a billeting requisition-

(a) in any inn, hotel or dwelling whether licensed or not, or in any other premises occupied for the purposes of a business consisting of or including the provision of sleeping accommodation for reward;

(b) in any building not falling within paragraph (a) of this subsection, being a building to which the public habitually have access, whether on payment or otherwise, or which is wholly or partly provided or maintained out of rates;

(2) Billets for vehicles may be provided in any building or on any land.

217. Provision of billets

(1) Where a billeting requisition has been produced to the police officer in charge of the area specified in the requisition, he shall, on the demand of the officer commanding any arm or part of the Armed Forces, or on the demand of an officer, authorise billet on the occupiers of premises falling within section 216 of this Act being premises in such place in that area as may be specified by the person by whom the demand is made, for such number of persons or vehicles as may be required but not exceeding the number specified in the requisition.

(2) Without prejudice to the provisions of subsection (3) of this section, a police officer in charge of the area specified in the billeting requisition shall exercise his functions under this section in such manner as in his opinion will cause least hardship to a person on whom billeting is authorised.

(3) A police officer in charge of the area specified in the billeting requisition may, to such extent and subject to such restriction as he thinks proper, authorise a constable or constables of any class, to exercise his functions on his behalf, and the foregoing provisions of this section shall apply accordingly.

218. Billeting schemes

(1) A local government may make a scheme for the provision of billets in its area in pursuance of a billeting requisition, and where such a scheme is in force the police officer in charge of the area shall, so far as the scheme extends, exercise his functions under this section in accordance with the scheme.

(2) A scheme under this section may be revoked by the local government by which it was made, or may be varied by that local government by a subsequent scheme made under this section.

(3) Where a local government makes a scheme under this section, it shall furnish the police officer in charge of the area to which the scheme relates with a copy of the scheme.

219. Accommodation to be provided and payment therefore

(1) Where a person is billeted in pursuance of a billeting requisition, the occupier of the premises on which he is billeted shall provide such accommodation as the officer demanding the billet may require, not exceeding such accommodation as may be prescribed by regulations of the Forces Council made with the consent of the President.

(2) Where a vehicle is billeted in pursuance of a billeting requisition, the occupier of the premises shall furnish standing room for the vehicle.

(3) Where a person or vehicle has been billeted in pursuance of a billeting requisition, that person or vehicle may continue to be billeted, for such period as may be required, provided that section 216 of this Act continues in operation and the allotment of billets among the persons or vehicles billeted may be varied from time to time.

(4) The occupier on whose premises a person or vehicle is billeted in pursuance of a billeting requisition shall be entitled to receive for the billeting, such payment as may be prescribed by regulations of the Forces Council made with the consent of the President and no payment shall be required in respect of a vehicle billeted otherwise than in a building, unless the land on which it is billeted-

(a) has its surface made up for the passage or parking of vehicles; and

(b) is not land where vehicles are normally to stand free of charge irrespective of the person by whom they are owned or driven.

(5) Subject to the provisions of subsection (6) of this section, payment for billeting shall be made-

(a) before the persons billeting finally leave, or the vehicles are finally removed from the premises where they are billeted; and

(b) where the billeting continues for more than seven days, at least once in every seven days.

(6) If for any reason payment for billeting cannot be made, or fully made, as required by paragraph (a) of subsection (5) of this section, there shall be made up, with the occupier, an account, in such form as may be prescribed by the Forces Council, of the amount due to him.

(7) On presentation of the account under subsection (6) of this section, the local government for the area in which the premises are situated shall-

(a) pay to the occupier the amount stated in the account to be due; and

(b) be entitled to recover any sum paid under paragraph (a) of this section from the Forces Council.

(8) In relation to premises of which there is no occupier, the foregoing provisions of this section shall apply as if the person entitled to possession were the occupier of the premises.

220. Appeals against billeting

(1) A person who-

(a) is aggrieved by having an undue number of persons billeted on him in pursuance of a billeting requisition; or

(b) claims that by reason of special circumstances he should be exempted from having persons billeted on him, either generally or on a particular occasion,

may apply to a person or persons appointed for that purpose by the local government.

(2) On an application on the grounds mentioned in paragraph (a) of subsection (1) of this section, the person to whom the application is made may direct the billeting to another place of such number of the persons billeted as may seem just or may dismiss the application.

(3) On an application on the grounds mentioned in paragraph (b) of subsection (1) of this section, the person to whom the application is made may grant such exemption as may seem just or may dismiss the application.

(4) An application under this section shall not affect a billeting pending the determination of the application.

221. Compensation for damage

(1) Where a damage is caused to any premises by a person or vehicle billeted in pursuance of a billeting requisition, the occupier of the premises or, if there is no occupier, the person entitled to possession of the premises, may recover from the Forces Council compensation of an amount equal to the depreciation caused by the damage in the value of the premises.

(2) Where a person, other than the recipient of compensation under subsection (1) of this section has interest in the premises, being an interest the value of which is depreciated by the damage, he shall be entitled to recover from the recipient such part of the compensation as may be appropriate.

(3) A magistrate court shall have jurisdiction to deal with a claim arising under subsection (1) or (2) of this section irrespective of the amount of the claim.

222. Refusal to receive persons billeted, etc.

A person who-

(a) refuses to receive a person billeted on him in pursuance of a billeting requisition or without reasonable excuse fails to furnish him with accommodation properly required for him; or

(b) gives or agrees to give to any person billeted upon him in pursuance of a billeting requisition any money or reward in lieu of receiving any person or vehicles or of furnishing accommodation properly required for him; or

is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred naira or imprisonment for a term not exceeding three months or to both such fine and imprisonment.

223. Application to civilians employed by the Armed Forces

In relation to persons employed in any arm or service of the Armed Forces and not entitled under the foregoing provisions of this Part of this Act to be billeted, being persons of such description as may be prescribed by regulations of the Forces Council, those provisions shall apply as they apply in relation to members of the Armed Forces.

224. Suspension of laws against billeting

While section 215 of this Act is in operation, the provisions of any law that prohibits, restricts or regulates quartering or billeting on a person in Nigeria shall not apply to a billeting ordered in pursuance of a billeting requisition.

Requisitioning of Vehicles

225. Requisitioning orders

(1) A general or field officer commanding an arm or a part of the Armed Forces may, for the purposes specified in subsection (2) of this section, issue a requisitioning order authorising the requisitioning, from among vehicles in any area of Nigeria specified in the order, of such vehicles or such number of vehicles of such description, as may be specified in the order.

(2) The purposes for which an order under subsection (1) of this section may authorise vehicles to be requisitioned shall be such purposes for meeting the needs of any of the services of the Armed Forces specified in the order.

226. Provision of vehicles

(1) A requisitioning order may be issued to the officer commanding an arm or a part of the Armed Forces, and that officer or an officer authorised by him in writing may give directions for the provision-

(a) in so far as the requisitioning order authorises the requisitioning of particular vehicles, of any or all of those vehicles;

(b) in so far as the order authorises the requisitioning of vehicles of a specified description, of the number or any lesser number of those vehicles.

(2) A direction under subsection (1) of this section given as respects a vehicle shall be either-

(a) a direction given to the person having possession of the vehicle to furnish it immediately at the place where it is; or

(b) a direction given to that person to furnish it at such place within 150 kilometres from the premises of that person and at such time as may be specified by the officer by whom the direction is given,

but no direction shall be given under paragraph (b) of this subsection as respects a vehicle which is neither mechanically propelled or a trailer normally drawn by a mechanically propelled vehicle.

(3) If the officer to whom the requisitioning order was issued or any officer authorised by him in writing-

(a) is satisfied that the officer to whom the requisition order was issued has refused or neglected to furnish a vehicle in accordance with a direction under any of the provisions of subsection (2) of this section; or

(b) has reasonable grounds for believing that it is not practicable without undue delay to give a direction to a person under subsection (2) of this section,

he may take, or authorise an officer to take, possession of the vehicle.

(4) Where possession is taken of a vehicle in pursuance of subsection (3) of this section, this Part of this Act shall, with the necessary modifications, apply as if the vehicle had been furnished by the person having possession of the vehicle in accordance with the direction to furnish it immediately at the place where it is, and, in particular, payment shall be made therefore as if it has been so furnished.

(5) The police officer in charge of an area specified in a requisitioning order shall, on a request to that effect being made by or on behalf of the officer to whom the order is issued, give instructions for securing the vehicle so far as practicable, police constables being available, if required, for accompanying officers requisitioning the vehicles in pursuance of the order.

227. Period for which vehicles to be furnished

(1) Subject to the provisions of subsection (2) of this section, where a vehicle has been furnished in pursuance of a requisitioning order it may be retained, for any period for which it is required for the purpose specified in the order or for any other purpose connected with the needs of an arm or a part of the Armed Forces, provided that, section 225 of this Act remains in operation.

(2) While members of the Reserve are called out on permanent service, then in so far as a requisitioning order so provides, the person by whom a vehicle is to be furnished may be required to furnish it for the purpose of its being purchased on behalf of the Federal Government.

228. Payment for vehicles furnished

(1) The person who furnishes a vehicle in pursuance of a requisitioning order otherwise than for the purpose of its being purchased, shall be entitled to be paid-

(a) a sum for the use of the vehicle calculated by reference to the period for which possession of the vehicle is retained at the rate of payment commonly recognised or generally prevailing in the district at the time at which the vehicle is furnished, or, in default of that rate, at such rate as may be appropriate;

(b) a sum equal to the cost of making good any damages to the vehicle, not being damage resulting in a total loss thereof or damage attributable to fair wear and tear, which may have occurred during the period for which possession of the vehicle is retained and which has not been made good during that period by a person acting on behalf of the Federal Government; and

(c) if, during that period, a total loss of the vehicle occurs, a sum amounting to the value of the vehicle immediately before the occurrence of the damage which caused the loss,

but in paragraph (b) of this subsection and in the Second Schedule to this Act, reference to fair wear and tear shall be construed as reference to such fair wear and tear as might have been expected to occur but for the fact that the vehicle was requisitioned.

[Second Schedule.]

(2) A person who furnishes a vehicle in pursuance of a requisitioning order for the purpose of its being purchased shall be entitled to be paid the value of the vehicle at the time at which it is furnished.

(3) Where a vehicle is furnished in pursuance of a direction under paragraph (b) of subsection (2) of section 226 of this Act then-

(a) for the purposes of paragraphs (a) and (b) of subsection (1) of this section (if those paragraphs apply), the period for which possession of the vehicle is retained shall be deemed to begin at the time when the direction is given, and for the purposes of subsection (2) of this section (if that subsection applies), the vehicle shall be deemed to have been furnished at that time;

(b) in addition to the payments provided for by subsection (1) or (2) of this section, the person who furnishes the vehicle shall be entitled to be paid the amount of any expenditure reasonably incurred by him in complying with the direction.

(4) Where a direction to furnish a vehicle is given under paragraph (b) of subsection (2) of section 226 of this Act, and after the giving of the direction a damage occurs to the vehicle (whether or not resulting in a total loss of the vehicle), then if the damage prevents the furnishing of the vehicle in pursuance of the requisitioning order, the provisions of this section shall apply as if the vehicle had been furnished notwithstanding that it may have been required to be furnished for the purpose of being purchased, subject however to the following modifications, that is-

(a) paragraphs (a), (b) and (c) of subsection (1) of this section shall have effect as if for the period therein mentioned there were substituted the period beginning with the giving of the direction and ending immediately after the occurrence of the damage;

(b) paragraph (b) of subsection (3) of this section shall have effect as if for the words “in complying with” there were substituted the words “by reason of anything done for the purpose of complying with”.

(5) Where a person (in this section referred to as “a person interested”) other than the person who is required to furnish a vehicle has an interest in the vehicle-

(a) the person who is required to furnish the vehicle shall notify the person known to him to be a person interested that the vehicle has been requisitioned;

(b) a person interested shall be entitled to recover from the person who is required to furnish a vehicle such part (if any) of the payment received by him for the vehicle as may be appropriate.

(6) The Second Schedule to this Act shall have effect as to the time for the making of payments and as to the determination of disputes under this section.

[Second Schedule.]

(7) Where, during the period for which possession of a vehicle is retained, a total loss of the vehicle occurs, then-

(a) for the purpose of paragraphs (a) and (b) of subsection (1) of this section and of the Second Schedule to this Act, the period shall be deemed to have come to an end immediately after the occurrence of the loss; and

[Second Schedule.]

(b) no claim shall be made for the return of the vehicle (if it still exists) or for payment in respect thereof other than such claim as is provided for by subsection (1) of this section.

229. Avoidance of hardship in the requisitioning of vehicles

In deciding which of the alternative vehicles is to be specified in an order under section 226 of this Act, or is to be the subject of a direction under paragraph (b) of subsection (1) of that section, the officer who issues the order or direction shall act in such manner as in his opinion shall cause least hardship.

230. Record and inspection of mechanically propelled vehicles

The President may by regulations require a person having in his possession in Nigeria a mechanically propelled vehicle or trailer normally drawn by a mechanically propelled vehicle, if required so to do by such authority or person as may be specified in the regulations to-

(a) furnish to such authority or person, as may be so specified, a return containing such particulars as to the vehicle or the trailer as may be required by or under the regulations; and

(b) afford all reasonable facilities for enabling the vehicle or trailer in his possession to be inspected and examined, at such times as may be specified by or under the regulations, by such authority or person as may be so specified.

231. Enforcement of provisions as to requisitioning

(1) If a person-

(a) fails to furnish a vehicle which he is directed to furnish in pursuance of a requisitioning order, at the time and place at which he is directed to furnish the vehicle; or

(b) fails to comply with any regulations made by the President under section 230 of this Act; or

(c) obstructs an officer or other person in the exercise of his functions under this Part of this Act in relation to the inspection of requisitioning vehicles,

he is guilty of an offence and liable on summary conviction to a fine not exceeding five hundred naira or imprisonment for a term not exceeding three months or to both such fine and imprisonment.

(2) Without prejudice to a penalty imposed under subsection (1) of this section, if a person is obstructed in the exercise of powers of inspection conferred on him by regulations made under section 230 of this Act, a justice of the peace may, if satisfied by information on oath that the person has been so obstructed, accompanied by the person, enter the premises in respect of which the obstruction took place at any time between six o’clock in the morning and nine o’clock in the evening and inspect any vehicle which may be found in the premises.

232. Application to horses, food, forage, stores, ships, aircraft and aircraft material

(1) Subject to the provisions of this section, the foregoing provisions of this Part of this Act and the provisions of the Second Schedule to this Act, shall apply to ships, aircraft and aircraft materials as they apply to vehicles except such of those provisions as relate only to mechanically propelled vehicles and trailers normally drawn by mechanically propelled vehicles and shall also apply to horses and mules, food, forage and stores as they apply to vehicles, ships, aircraft and aircraft materials.

[Second Schedule.]

(2) Where stores or aircraft materials are required for and can be conveyed with a vehicle, ship or aircraft with respect to which a direction is given under paragraph (b) of subsection (2) of section 226 of this Act, the direction may be given also in relation to the vehicle, ship or aircraft and the foregoing provisions of this Part of this Act (except subsection (2) of section 228) and the Second Schedule to this Act shall apply accordingly.

[Second Schedule.]

(3) If after the giving of the direction, the furnishing of the stores or aircraft materials is prevented by damage to them or to the vehicle, ship or aircraft, such payment (if any) shall be made in respect of the stores or aircraft materials as may be appropriate in all the circumstances.

(4) Notwithstanding the provisions of section 227 of this Act, food, forage, stores or aircraft materials to be furnished in pursuance of a requisitioning order or at any time, may be required to be furnished for purchase on behalf of the Federal Government.

(5) The provisions of section 230 of this Act shall apply in relation to the horses, mules, ships and aircraft as they apply in relation to mechanically propelled vehicles.

(6) In this section, “stores” means a chattel, other than a horse or mule, a vehicle, ship or an aircraft, food or forage, being a chattel required for, or for use in connection with-

(a) persons, vehicles, ships or aircraft billeted or to be billeted in pursuance of a billeting requisition or otherwise temporarily accommodated or to be so accommodated; or

(b) vehicles, ships, aircrafts, horses or mules furnished or to be furnished in pursuance of a requisitioning order.

233. Liability of Federal Government for damage by vehicles being delivered for requisitioning

A person using a vehicle for the purpose of its being furnished in pursuance of a direction under paragraph (b) of subsection (2) of section 226 of this Act shall be deemed, as respects a claim in respect of injury or damage to any other person or property, to be so using the vehicle as a servant of the Federal Government.

General

234. Bringing into operation of sections 215 and 225 of this Act

(1) Whenever it appears to the Minister of Defence that the public interest so requires, he may by order direct that section 215 or 225 of this Act or both those sections shall come into operation either generally or as respects such area of Nigeria as may be specified in the order, and that section or those sections, as case may be, shall thereupon come into operation and remain in operation during the validity of the order.

(2) As soon as may be after either section 215 or 225 or both those sections of this Act has or have been brought into operation on any occasion, the Minister of Defence shall report that fact to the National Assembly and if before the expiration of the period for which the order has effect (whether by virtue of the foregoing provisions of this subsection), it is resolved by the National Assembly that the public interest requires that the operation of the order should be extended for such further period as may be specified in the resolution, it shall be extended accordingly.

PART XX

General Provisions

Privileges and Exemptions for Members of the Forces

235. Exemption from tolls, etc.

(1) Duties or tolls for embarking from or disembarking on any pier, wharf, quay or landing place in Nigeria, or for passing over any road, ferry or bridge in Nigeria, shall not be payable in respect of-

(a) members of the Armed Forces on duty; or

(b) vehicles in the service of the Armed Forces, being vehicles belonging to the Federal Government or other vehicles driven by persons (whether a member of the Forces or not) in the public service of the Federation; or

(d) horses or other animals in the service of Armed Forces.

(2) Harbour dues or other charges for entering, leaving and anchoring, or mooring in a harbour or port in Nigeria, shall not be payable in respect of an aircraft, a naval ship or vessel belonging to the Federal Government.

236. Exemption from levying of execution on property, etc.

No judgment, decree or order given or made against a member of the Forces by a court in Nigeria shall be enforced by the levying of execution on the property of the person against whom it is given or made, being public property, used by him for service purposes.

237. Exemption as to arms and explosives

A member of the Armed Forces shall for the purposes of the Armed Forces be exempt from a provision of any enactment relating to the storage, possession or transmission of firearms, explosives, gun-powder or ammunition of war.

238. Immunity from proceedings or judgment where appearance is not entered

No order or judgment given or made against a member of the Armed Forces by a court in Nigeria shall be enforced while the member is not represented at the proceedings either by reason of active service or official absence, and for the purpose of this section it shall be sufficient evidence of lawful absence from proceedings where a member of the Armed Forces presents before the court a certificate of absence duly executed by his commanding officer or appropriate superior authority.

239. Indemnity for actions in aid to civil authority and military duty

No action, prosecution or other proceeding shall lie against a person subject to service law under this Act for an act done in pursuance or execution or intended execution of this Act or any regulation, service duty or authority or in respect of an alleged neglect or default in the execution of this Act, regulation, duty or authority, if it is done in aid to civil authority or in execution of military rules.

240. Privileges of reservists

A person belonging to the Reserve shall, when called out for or engaged in or returning from training or service, be entitled to all the privileges accorded by this Part of this Act to a person subject to service law under this Act.

Provisions relating to Deserters and Absentees without Leave

241. Arrest of deserters and absentees without leave

(1) A police officer or, where a police officer is not available, any other person, may arrest without warrant a person whom he has reasonable cause to suspect of being a person subject to service law under this Act who has deserted or is absent without leave.

(2) A person who has authority to issue a warrant for the arrest of a person charged with a crime, if satisfied by evidence on oath that there is or is reasonably suspected of being within his jurisdiction a person subject to service law under this Act who has deserted or is absent without leave or is reasonably suspected of having deserted or of being absent without leave, may issue a warrant authorising his arrest.

(3) A person in custody in pursuance of this section shall as soon as practicable be brought before a magistrate’s court.

(4) Notwithstanding the provisions of any other law to the contrary, a person arrested and brought before a magistrate’s court under the provisions of this section or of section 246 or 247 of this Act, shall not be admitted to bail.

242. Proceedings before a civil court where persons suspected of illegal absence

(1) Where a person who is brought before a magistrate’s court is alleged to be a person subject to service law under this Act who has deserted or is absent without leave, the following provisions of this section shall have effect.

(2) If the person admits that he is illegally absent from the Armed Forces and the court is satisfied of the truth of the admission, then-

(a) unless he is in custody for some other cause, the Court shall; and

(b) notwithstanding that he is in custody for some other cause, the Court may,

forthwith either cause him to be delivered into service custody in such manner as the Court may think fit or commit him to a prison, police station or any other place provided for the confinement of persons in custody, to be kept there for such reasonable time as the Court may specify (not exceeding such time as appears to the Court reasonably necessary for the purpose of enabling him to be delivered into service custody) or until sooner delivered into such custody.

(3) The Court may, from time to time, extend any time specified by it under subsection (2) of this section, if it appears to the Court reasonably necessary so to do for the purpose specified in that subsection.

(4) If the accused does not admit that he is illegally absent or the Court is not satisfied of the truth of the admission, the Court shall consider the evidence and any statement of the accused and if-

(a) satisfied that he is subject to service law under this Act; and

(b) of the opinion that his being so tried for an offence of desertion or absence without leave is justified by the evidence which is available,

the Court shall, unless he is in custody for some other cause, cause him to be delivered into service custody or commit him as specified in subsection (2) of this section, but otherwise shall discharge him, provided that if he is in custody for some other cause the Court shall have power, but shall not be required to act, in accordance with this subsection.

(5) When proceedings are taken in a magistrate’s court under this section, the law applicable in that Court-

(a) in relation to the constitution and procedure of magistrates’ courts holding preliminary inquiries and conferring powers of adjournment and remand on the Courts so acting; and

(b) as to evidence and issue and enforcement of summonses or warrants to secure the attendance of witnesses,

shall apply to those proceedings.

243. Deserters and absentees without leave surrendering to police

(1) Where a person surrenders himself to a police officer as being illegally absent from the Armed Forces, the police officer shall, unless he surrenders himself at a police station, bring him to a police station.

(2) The police officer in charge of a police station at which a person has surrendered himself, or to which a person who has so surrendered himself is brought, shall forthwith inquire into the case, and if it appears to that officer that the person is illegally absent from the Armed Forces he may cause him to be delivered into service custody without bringing him before a magistrate’s court, or may bring him before such court.

(3) Notwithstanding the provisions of any other enactment or rule of law, the person appearing before a magistrate’s court under this section shall not be admitted to bail.

244. Certificates of arrest or surrender of deserters and absentees

(1) Where a magistrate’s court in pursuance of section 243 of this Act deals with a person as illegally absent, then when that person is delivered into service custody, there shall be handed over a certificate in the prescribed form signed by a magistrate, containing the Prescribed particulars relating to his arrest or surrender and the proceedings before the court.

(2) Where a person is delivered into service custody without being brought before a court, whether under the provisions of section 243 of this Act or under any other lawful power, there shall be handed over a certificate in the prescribed form signed by the police officer who causes him to be delivered into service custody, containing the prescribed particulars relating to his surrender.

(3) In a proceeding for an offence under section 59 or 60 of this Act-

(a) a document purporting to be a certificate handed over under subsection (1) or (2) of this section and to be signed as thereby required, shall be evidence of the matters stated in the certificate;

(b) where the proceeding is against a person who has been taken into service custody on arrest or surrender, a certificate in the prescribed form purporting to be signed by a provost officer or any corresponding officer of a force raised under the law of any other country or by any other place where that person was confined on being taken into custody, stating the fact, date, time and place of arrest or surrender, shall be evidence of the matters stated in the certificate.

245. Duties of superintendents of prisons and others to receive deserters and absentees

(1) It shall be the duty of the Superintendent or other person in charge of a civil prison to receive a person duly committed to that prison by a magistrate’s court as illegally absent from the Armed Forces and to detain him until in accordance with the directions of the court he is delivered into service custody.

(2) The provisions of subsection (1) of this section shall apply to the person who has charge of a police station or other place (not being a prison provided for the confinement of persons in custody) as it applies to the Superintendent of a prison.

Offences relating to Service Matters punishable by Civil Courts

246. Punishment for pretending to be a deserter

A person who falsely represents himself to a service of the Armed Forces or a civil authority to be a deserter from the Armed Forces is guilty of an offence and liable on conviction to a fine not exceeding two hundred naira or to imprisonment for a term not exceeding three months or to both such fine and imprisonment.

247. Punishment for procuring and assisting desertion

A person who-

(a) procures or persuades an officer, a soldier, rating or an aircraftman of the Armed Forces to desert or to absent himself without leave; or

(b) knowing that an officer, a soldier, rating or an aircraftman is about to desert or absent himself without leave, assists him in so doing; or

(c) knowing a person to be a deserter or an absentee without leave from the Armed Forces, conceals him or assists in his rescue from custody,

is guilty of an offence and liable on conviction to a fine not exceeding five hundred naira or imprisonment for a term not exceeding one year or to both such fine and imprisonment.

248. Punishment for obstructing members of the Armed Forces

A person who wilfully obstructs or otherwise interferes with a member of whatever rank of the Armed Forces, acting in the execution of his duty, is guilty of an offence and liable on conviction to a fine not exceeding five hundred naira or imprisonment for a term not exceeding three months or to both such fine and imprisonment.

249. Punishment for aiding malingering

A person who-

(a) produces in a member of the Armed Forces a sickness or disability; or

(b) supplies to or for him a drug or preparation calculated or likely to render him, or lead to the belief that he is permanently or temporarily unfit for service, with a view to enabling him to avoid service in the Armed Forces permanently or temporarily,

is guilty of an offence and liable on conviction to a fine not exceeding five hundred naira or imprisonment for a term not exceeding one year or to both such fine and imprisonment.

250. Unlawful purchase, etc., of service stores

(1) A person who acquires any service stores or solicits or procures a person to dispose of any service stores, or acts for a person in the disposing of any service stores is guilty of an offence and liable on conviction to a fine not exceeding five hundred naira or imprisonment for a term not exceeding two years or to both such fine and imprisonment, unless he proves that-

(a) he did not know, and could not reasonably be expected to know, that the chattel in question was service stores; or

(b) the chattel (whether the subject of the transaction with which he is charged or some other earlier transaction) had been disposed of by order or with the consent of the Forces Council or of a person or an authority who had, or whom he had reasonable cause to believe to have, power to give the order or consent; or

(c) the chattel had become the property of an officer who had retired or ceased to be an officer or of an Armed Forces personnel who had been discharged, or of the personal representative of a person who had died.

(2) A police officer may arrest without warrant a person whom he has reasonable grounds for suspecting of having committed an offence under this section, and may seize any property which he has reasonable grounds for suspecting of having been the subject of the offence.

(3) A person who has authority to issue a warrant for the arrest of a person charged with a crime may, if satisfied by evidence on oath that a person within his jurisdiction has, or is reasonably suspected of having, in his possession any property which has been the subject of an offence under this section, grant a warrant to search for the property as in the case of stolen goods.

(4) Any property suspected of having been the subject of an offence which is found on a search under subsection (3) of this section shall be seized by the officer charged with the execution of the warrant, and that officer shall bring the person in whose possession or keeping the property is found before a magistrate’s court.

(5) For the purposes of this section-

(a) property shall be deemed to be in the possession of a person if he has it under his control, and whether he has it for his own use or benefit or for the use or benefit of any other person or not;

(b) “acquire” means buy, take in exchange, take in pawn or otherwise receive (whether apart from this section the handing over is lawful or not);

(c) “dispose” means sell, give in exchange, pledge or otherwise hand over (whether apart from this section the handing over is lawful or not);

(d) “service stores” means chattels of any description belonging to the Federal Government, which has been issued for the use or for the purposes of a service of the Armed Forces or is held in store for the purpose of being issued when required, and includes a chattel which had previously so belonged and had been so issued or held.

251. Illegal dealings in documents relating to pay, pensions, mobilisation, etc.

(1) A person who-

(a) as a pledge or a security for a debt; or

(b) with a view to obtaining payment from the person entitled therein of a debt due either to himself or to any other person,

receives, detains or has in his possession, an official document issued in connection with the payment to a person of any pay, pension, allowance, gratuity or other payment payable in respect of his or any other person’s military service, is guilty of an offence under this section.

(2) A person who has in his possession without lawful authority or excuse (the proof whereof shall lie on him) any payment specified in subsection (1) of this section, or an official document issued in connection with the mobilisation or demobilisation of a service of the Armed Forces or of a member thereof, is guilty of an offence under this section.

(3) A person guilty of an offence under this section is liable on conviction to a fine not exceeding five hundred naira or imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(4) For the purposes of this section, a document shall be deemed to be in the possession of a person if he has it under his control and whether or not he has it for his own use or benefit or for the use or benefit of another.

252. Unauthorised use of and dealing in decorations, etc.

(1) A person who-

(a) without authority, uses or wears a service decoration, badge, wound stripe or an emblem supplied or authorised by the President or the Forces Council; or

(b) uses or wears a decoration, badge, wound stripe or an emblem so nearly resembling a service decoration, badge, stripe or emblem as is specified in paragraph (a) of this subsection, as to be calculated to deceive; or

(c) falsely represents himself to be a person who is or has been entitled to use or wear a decoration, badge, stripe or an emblem as is specified in paragraph (a) of this subsection,

is guilty of an offence under this section, but nothing in this subsection shall prohibit the use or wearing of ordinary regimental badges, emblems, brooches or ornaments representing them.

(2) A person who purchases or takes in pawn a service decoration awarded to a member of the Armed Forces or solicits or procures a person to sell or pledge the decoration, or acts for any other person in the sale or pledging of the decoration, is guilty of an offence under this section unless he proves that at the time of the alleged offence the person to whom the decoration was awarded was dead or had ceased to be a member of the Armed Forces.

(3) A person guilty of an offence under this section is liable on conviction to a fine not exceeding five hundred naira or imprisonment for a term not exceeding three months or to both such fine and imprisonment.

253. Intoxicating liquor not to be conveyed on board any vehicle, naval ship, aircraft or thing

(1) A person who, without the previous consent of the commanding officer-

(a) brings on board or conveys in, a service vehicle, naval ship, an aircraft or a thing any spirituous or fermented liquor of any description; or

(b) approaches or hovers about a service vehicle, naval ship, an aircraft or a thing, for the purpose of bringing on board, giving or selling any spirituous or fermented liquor,

is guilty of an offence under this section and liable on conviction to a fine not exceeding five hundred naira or imprisonment for a term not exceeding three months or to both such fine and imprisonment.

(2) A member of the Armed Forces may, with or without soldiers, ratings, aircraftmen or other persons under his command, search any service vehicle, naval ship, aircraft or thing in circumstances giving rise to a reasonable suspicion that an offence under subsection (1) of this section is intended.

(3) If on the search under subsection (2) of this section any spirituous or fermented liquor is found in or upon the service vehicle, naval ship, vessel, aircraft or thing, the member of the Armed Forces may seize it and the spirituous or fermented liquor shall be forfeited.

(4) For the avoidance of doubt, “thing” has the meaning assigned to it under subsection (3) of section 45 of this Act.

Provisions as to Evidence

254. General provisions as to evidence

(1) The following provisions of this section shall have effect with respect to evidence in proceedings under this Act, whether before a court-martial, a civil court or otherwise.

(2) A document purporting to be a copy of the attestation paper signed by a person and to be certified to be a true copy by a person stated in the certificate to have the custody of the attestation paper shall be evidence of the enlistment of the person attested.

(3) The attestation paper purporting to be signed by a person on his enlistment shall be evidence of his having given the answers to questions which he is therein recorded as having given.

(4) A letter, return or other document stating that a person-

(a) was or was not serving at a specified period in a service of the Armed Forces or was discharged from a part of the service at or before a specified time; or

(b) held or did not hold at a specified time a specified rank or appointment in a service of the Armed Forces, or had at or before any specified time been attached, posted or transferred to a part of the service, or at a specified period was or was not serving or held or did not hold a rank or an appointment in a particular country or place; or

shall, if purported to be issued by or on behalf of the President, be evidence of the matters stated in the letter, return or document.

(5) A record made in a service book or other document prescribed by regulations of the President for the purposes of this subsection being a record made in pursuance of this Act or regulations made under this Act, or otherwise in pursuance of service duty and purporting to be signed by the commanding officer or by a person whose duty it was to make the record, shall be evidence of the facts stated therein.

(6) A copy of a record (including the signature thereto) in a service book and a copy of the document, purporting to be certified to be a true copy by a person stated in the certificate to have custody of the book or original document, as the case may be, shall be evidence of the record.

(7) A document purporting to be issued by order of the Forces Council or the appropriate Service Chief and to contain instructions, regulations or orders given or made by the Forces Council or the competent Service Chief shall be evidence of the giving of the instructions or making of the regulations or orders and of their contents.

(8) A certificate purporting to be issued by or on behalf of the Forces Councilor a Service Chief and stating that-

(a) a decoration of a description specified in or annexed to the certificate is a military, naval or aircraft decoration; or

(b) a badge, wound stripe or an emblem of any description specified in or annexed to the certificate of the Forces Council,

shall be evidence of the matters stated in the certificate.

(9) A certificate purporting to be signed by a person’s commanding officer or an officer authorised by him to give the certificate, and stating the contents of, or any part of, standing orders or other routine orders of a continuing nature made for-

(a) a formation, unit or body of troops; or

(b) a command area, garrison or place; or

shall, in proceedings against that person, be evidence of the matters stated in the certificate.

255. Proof of outcome of civil trial

(1) Where a person subject to service law under this Act has been tried before a civil court (whether at the time of the trial he was so subject or not), a certificate signed by a judge, Registrar of court or magistrate and stating all or any of the following matters, that is-

(a) that the person has been tried before the Court for an offence specified in the certificate; or

(b) the result of the trial; or

(d) that other offences specified in the certificate were taken into consideration at the trial,

shall, for the purposes of this Act, be evidence of the matters stated in the certificate.

(2) The judge, Registrar of Court or Magistrate shall, if required by the commanding officer of the person in question or any other officer, furnish a certificate under this section and shall be paid such fee as may be prescribed by regulations made by the Court.

(3) A document purporting to be a certificate under this section and to be signed by a judge, Registrar of court or magistrate shall, unless the contrary is shown, be deemed to be such a certificate.

256. Evidence of proceedings of court-martial

(1) The original proceedings of a court-martial purporting to be signed by the President of the court-martial and being in the custody of the convening officer or of a person having the lawful custody thereof, shall be admissible in evidence on production from that custody.

(2) A document purporting to be a copy of the original proceedings of a court-martial or any part thereof and to be certified by the convening officer or a person authorised by him, or by any other person having lawful custody of the proceedings, to be a true copy, shall be evidence of the contents of the proceedings or the part to which it relates, as the case may be.

(3) This section applies to evidence given in a court, whether civil or criminal.

Reduction in Rank

257. Restriction on reduction or disrating in rank of warrant or petty officers and non-commissioned officers

(1) A warrant or petty officer shall not be reduced in rank or disrated except by a sentence of a court-martial or by the order of the appropriate superior authority in accordance with the rules and practices of the respective services as provided for under this Act.

(2) A non-commissioned officer shall not be reduced in rank or disrated except-

(a) by sentence of a court-martial; or

(b) in the case of a petty or non-commissioned officer, other than a lance-corporal or able rate, by an award or order of the commanding officer or of an officer by whom the commanding officer’s powers of reduction or disrating are exercisable by virtue of this Act; or

(3) Where it appears to the commanding officer that a warrant or petty officer or a non-commissioned officer or leading rating is unable to perform satisfactorily the functions of his rank, the commanding officer shall take steps through trial procedures in accordance with the provisions of this Act to reduce or disrate the warrant or petty officer or the non-commissioned officer to such rank as may be specified by the outcome of the trial or to ranks or ordinary rating.

(4) Where it appears to a commanding officer that a non-commissioned officer or leading rating being below the rank of warrant or petty officer serving under his command is unable to perform satisfactorily the functions of his rank, the commanding officer may take appropriate steps to refer him to the appropriate superior authority if he is of the opinion that the non-commissioned officer or rating should be reduced to ranks or ordinary rating.

258. Special disciplinary provisions

(1) Notwithstanding anything to the contrary in this Act, a Service Chief may by order direct that, during a period of emergency, the powers conferred on him by this Act to reduce or disrate a warrant or petty officer, a non-commissioned officer or leading rating, may be exercised by any person who otherwise is not entitled to exercise those powers under whose command the warrant or petty officer, non-commissioned officer or leading rating is serving, and reference in this subsection to the Service Chief shall be construed accordingly.

(2) For the purpose of subsection (1) of this section and the foregoing sections, reduction in rank and disrating does not include reversion from acting rank or rate.

Miscellaneous Provisions

259. Temporary reception in civil custody of persons under escort

(1) Where a person is in service custody when charged with or with a view of his being charged with an offence under Part XII of this Act, it shall be the duty of the Superintendent or other person in charge of a civil prison, or of the person having charge of a police station or other place in which prisoners may be lawfully detained, on delivery to him of a written order purporting to be signed by the commanding officer of the person charged, to receive him into his custody for a period not exceeding seven days.

(2) In this section, “civil prison” has the meaning assigned to it in section 291 of this Act.

260. Avoidance of assignment of, or charge on service pay, pension, etc.

(1) An assignment of or charge on, and every agreement to assign or charge any pay, service award, grant, pension or allowance payable to a person in respect of his or any other person’s service in the Armed Forces, shall be void.

(2) Except as expressly provided by this Act, no order shall be made by a court the effect of which would be to restrain a person from receiving anything which by virtue of this section he is precluded from assigning and to direct payment thereof to another person.

(3) Nothing in this section shall prejudice an enactment providing for the payment of any sum to a bankrupt’s trustee in bankruptcy for distribution among creditors.

261. Powers of certain officers to take statutory declarations

(1) An officer of a rank not below that of major or corresponding rank (in this section referred to as an “authorised officer”) may, outside Nigeria, take statutory declarations from persons subject to service law under this Act.

(2) A document purporting to have subscribed to it the signature of an authorised officer in testimony of a statutory declaration, being taken before him in pursuance of subsection (1) of this section and containing in the jurat or attestation a statement of the date on which the declaration was taken and of the full name and rank of the authorised officer, shall be admitted in evidence without proof of the signature being the signature of that officer or of the facts so stated.

PART XXI

Reservists and Pensioners

262. Reservists and pensioners

Notwithstanding the provisions of section 270 of this Act, this Part of this Act shall apply-

(a) to every officer, soldier, rating or aircraftman who, by virtue of this Act, is a member of the Reserve (in this Act referred to as “a reservist”); and

(b) to every person who having served as an officer, soldier, rating or aircraftman in the Armed Forces (in this Act referred to as “a pensioner”) is in receipt of a pension or an annual allowance in respect of the service.

263. Annual training

(1) A reservist or pensioner shall be liable to be called out for training at such a place and for such periods not exceeding 28 days in anyone year as may be specified in regulations made under this Part of this Act.

(2) A reservist or pensioner called out for service under this section shall not be liable to serve at anyone time for a period exceeding 28 days.

264. Calling out of reservists and pensioners to aid the civil power

(1) The President may, at any time when occasion appears to require it, call out reservists and pensioners or as many of them as he thinks necessary, to aid the civil power in the preservation of the public peace.

(2) Reservists and pensioners called out for service under subsection (1) of this section shall not be liable to serve at any one time for a period exceeding 28 days.

265. Calling out of reservists and pensioners on permanent service

(1) Where a state of war is declared or there is insurrection, hostility or public emergency, the President may, by proclamation, call out reservists and pensioners on permanent service, and in the proclamation, give or authorise the Minister of Defence to give such directions as may seem necessary or proper for calling out the reservists and pensioners.

(2) A proclamation under subsection (1) of this section and directions given in pursuance of the proclamation shall be obeyed and every reservist and pensioner called out by the directions shall attend at the place and time fixed by those directions, and at and after that time the reservists or pensioners shall be deemed to be called out on permanent service.

(3) A reservist or pensioner called out on permanent service shall serve as an officer, soldier, rating or aircraftman of the service, as the case may be, until he is released or discharged, but he shall not be required to serve for a period exceeding in the whole the remaining period of the term of service in the Reserve and any further period not exceeding twelve months as an officer, soldier, rating or aircraftman, as the case may be, under prescribed regulations and may be retained in the Armed Forces after the time which he would otherwise be entitled to be discharged.

266. Punishment for non-attendance

(1) A reservist or pensioner who, without leave lawfully granted or other reasonable excuse, fails to appear at the time and place appointed for annual training or when called out to aid civil power or on permanent service, is-

(a) if called out on a permanent service, guilty, according to the circumstances, of desertion within the meaning of section 60 of this Act or of absenting himself without leave within the meaning of section 59 of this Act; or

(b) if called out to aid the civil power or for annual training, guilty of absenting himself without leave within the meaning of section 59 of this Act.

(2) A reservist or pensioner who commits an offence under subsection (1) of this section is liable, on conviction if tried by-

(a) a court-martial, to imprisonment for a term not exceeding two years or such less punishment as is provided by this Act; or

(b) a magistrate’s court, to a fine not exceeding five hundred naira or to imprisonment for a term not exceeding two years.

(3) The provisions of section 121 and sections 241 to 247 of this Act shall apply to a reservist or pensioner who commits, or is alleged to have committed, or is reasonably suspected to have committed, an offence under this section as they apply to a person otherwise subject to service law under this Act.

267. Record of illegal absence

Where a reservist or pensioner fails to appear at the time and place appointed for annual training or where a reservist or pensioner fails to appear when called out to aid the civil power or on permanent service and his absence continues for a period of more than twenty days, an entry of the absence shall be made by an officer in the service books prescribed under this Part of this Act and the entry shall be prima facie evidence of the fact of the absence.

268. Discharge during service

A reservist or pensioner may be discharged by the competent Service Chief at any time during the currency of a term of service as a reservist or pensioner, as the case may be, in accordance with regulations made under this Part of this Act.

269. Regulations as to reservists and pensioners

The President may make regulations with respect to the government and discipline of reservists and pensioners and without prejudice to the generality of the foregoing, regulations may provide for-

(a) the calling out for training of reservists and pensioners;

(b) the calling out of reservists and pensioners to aid the civil power and on permanent service;

(c) the pay of reservists when on the reserve and for the pay of reservists and pensioners when called out under this Part of this Act;

(d) requiring reservists and pensioners to report themselves, from time to time, and to obtain the permission of the competent Service Chief, or of such other officer authorised by regulations, before leaving Nigeria; and

(e) any matter which is required by this Part of this Act to be prescribed.

PART XXII

Supplementary and Miscellaneous Provisions

Application of this Act

270. Application of this Act

(1) The following persons shall be subject to this Act-

(a) officers, soldiers, ratings and aircraftmen of the Armed Forces;

(b) reservists and pensioners when called out on service;

(d) pensioners called out for training, to aid the civil power or on permanent service.

(2) This Act shall apply to the persons subject thereto under the provisions of this section and in relation to the units raised under this Act, whether outside or within Nigeria.

271. Application of this Act to women

(1) The provisions of this Act shall, in so far as they contain or refer to the word “man or rating” or other word importing reference to a person of the male sex only as, or as having been a member of the Armed Forces and therefore subject to this Act, have effect as if for that word there had been substituted therein a word having a like meaning in other respects but importing a reference to a person of either sex.

(2) In relation to women members of the Armed Forces, this Act shall have effect subject to the following modifications-

(a) those provisions of Parts, I, II, III and XX of this Act that relate to service in and transfer to the Reserve shall not apply;

(b) the punishment of extra work or drill specified in Part XIII of this Act shall not apply;

(c) references in sections 277, 279 and in the other provisions of this Act to a widow shall be construed as references to a widower.

272. Application of the Act to civilians

(1) Subject to the modifications specified in subsection (2) of this section, where a unit is on active service and a person is employed in the service of that unit or any part thereof or accompanies the unit or part thereof and is not otherwise subject to service law, Part XII of this Act shall apply to the person so employed or accompanying the unit as it applies to members of the Armed Forces.

(2) The modifications referred to in subsection (1) of this section are as follows-

(a) the punishments which may be awarded by a court-martial shall include a fine but shall not include any other punishment less than imprisonment;

(b) the punishment which may be awarded where a charge is dealt with summarily shall, in the case of an offence, be a fine not exceeding five hundred naira, but no other punishment;

(c) for subsections (2) to (5) inclusive of section 121 of this Act, there shall be substituted the following provisions, that is-

“(2) The person may be arrested by a provost officer or by a warrant or petty officer legally exercising authority under a provost officer or on his behalf, or by order of an officer. “;

(d) the provisions of this Act relating to the investigation of and summary dealing with offences shall, except as otherwise expressly provided, apply as they apply to soldiers, ratings and aircraftmen;

(e) for the purposes of the provisions of this Act relating to the investigation of offences, the commanding officer shall be such officer as may be appointed by an officer authorised to convene a court-martial;

(f)for references in sections 168 and 169 of this Act to being, continuing or ceasing to be subject to this Act, there shall be substituted references to being, continuing to be or ceasing to be in such circumstances that Part XII applies, and subsection (3) of section 168 of this Act shall not apply.

(3) A fine awarded by virtue of this section, whether by a court-martial or the commanding officer, shall be recoverable as a debt due to the Federal Government.

273. Application of this Act to passengers

The provisions of Part XII of this Act shall, to such extent and subject to such modifications as may be prescribed by regulations made by the President, apply to persons embarked as passengers on board ships or aircraft of the Armed Forces as they apply to persons subject to service law under this Act.

274. Application of this Act to cadets, recruits and boys

(1) Subject to subsections (2) and (3) of this section, cadets, recruits and boys shall be subject to this Act.

(2) For the purposes of punishment under section 119 of this Act, cadets, recruits and boys shall be treated as soldiers, ratings and aircraftmen, provided that if the accused is a boy, anyone or more of the following punishments may be awarded, that is-

(a) a fine of a sum not exceeding the equivalent of 28 days’ pay;

(b) confinement to barracks for a period beginning with the day of the sentence and not

exceeding seven days;

(d) admonition;

(e) stoppages, where the offence has occasioned any expense, loss or damage.

(3) Nothing in this Act shall be construed to invalidate any rule or regulations made by the President for the purposes of administration of cadets, recruits and boys.

Wills and Distribution of Property

275. Service persons on enlistment to register the name of personal representative in case of death

(1) A person subject to service law under this Act shall on enlistment-

(a) declare the name of the person or persons to whom, in the event of his dying without having made a valid will, any money or personal property belonging to him should be paid or delivered;

(b) direct that his estate is to be administered by the Customary Court (by whatever name called) of some named place according to the customs of his tribe.

(2) The name of a person declared under subsection (1) of this section and the record shall be verified periodically and the person who made the declaration shall promptly report any alteration he wishes to make to the record.

(3) An officer of the Armed Forces or of the Accountant-General or any public department, having in his or its charge or control any pay, accumulation of pay, gratuity or other allowance or fund or any personal property or money belonging to a person subject to service law under this Act dying intestate who has complied with the provisions of subsection (1) of this section, may pay or deliver the same to the person whose name has been recorded, or to the Customary Court which has jurisdiction in the place named by that person in the prescribed manner.

276. Service person’s wills: special provisions

(1) A will made by a person subject to service law under this Act shall be valid for disposing of any money or personal property which is due or belongs to him at his demise if it is in writing and signed or acknowledged by him in the presence of, and in his presence attested by one witness, being an officer of the Forces or any government medical officer.

(2) A will made under subsection (1) of this section shall be deemed well made for the purpose of being admitted to probate, and the person taking out representation to the testator under that will shall exclusively be deemed the testator’s representative with respect to the money or personal property thereby bequeathed.

(3) An officer of the Armed Forces or of the Accountant-General or a public department, having in his or its charge or control any pay, accumulation of pay, gratuity or other allowance or fund or any personal property or money belonging to the testator-

(a) not exceeding in the aggregate the value of five thousand naira, may pay or deliver the same to any person entitled to produce probate of or administration under the will, although probate or administration may not have been taken out;

(b) exceeding five thousand naira (N5,000.00), shall require probate or administration to be taken out before paying or delivering the said money and effects to the legal representative of the deceased.

277. Distribution in case of deceased service person’s intestacy

(1) If a person subject to service law under this Act-

(a) dies without having complied with the requirements of this Part of this Act as to the disclosure of next of kin; or

(b) has not made a will valid under this or any other enactment relating to wills and for the time being in force,

an officer of the Armed Forces or the Accountant-General or any public department having in his or its charge or control any pay, accumulation of pay, gratuity or other allowance or fund or personal property or money of the deceased may, with the concurrence of the commanding officer or an officer acting on behalf of the commanding officer, pay or deliver same to a claimant who proves to the satisfaction of the commanding officer or such officer, relationship as the widow of the deceased or the child or other near relative of the deceased, as the case may be, according to the rules of succession of the tribe to which the deceased belonged.

(2) If there are more than one claimant under subsection (1) of this section, payment or delivery may be made in such shares and proportions as each claimant would be entitled to receive under the rules of succession prevailing among the tribe, or as nearly as may be.

(3) Where the deceased was a Moslem, the distribution of the estate may be carried out by the Area Court which has jurisdiction in the district from which the deceased came, and the Area Court shall be responsible to the State Administrator-General or the Federal Administrator-General, as the case may require, for the carrying out of the distribution in accordance with Islamic law and if there is no such Area Court in the district, the distribution may be made as nearly as may be in accordance with Islamic law

278. Payment of debts of deceased service person

(1) Where probate of the will or administration with or without the will annexed of the estate of a deceased person, subject to service law under this Act, is not taken out, and an officer of the Armed Forces, the Accountant-General or any public department, before disposing of the money and personal property of the deceased, has notice of a debt due by the deceased, he or it shall, notwithstanding anything to the contrary in this Part of this Act, apply the money and property as may remain in his or its authority or control, or so much thereof as may be required in or towards the payment of the debt, if he or it is satisfied that-

(a) the claimant has proved the debt to the satisfaction of the commanding officer or of the officer acting on behalf of the commanding officer;

(b) a demand for the payment of the debt was made within one year after the death of the person; and

(2) A person claiming to be a creditor of a deceased person subject to service law under this Act shall not be entitled to obtain payment of his debt out of any money in the hands of an officer of the Armed Forces or of the Accountant-General or any public department except by means of a claim on an officer responsible for the deceased person’s pay, and proceeding thereupon under and in accordance with this Act.

(3) If the estate is being administered by a customary court, any Government debt payable from the estate shall be paid by the officer concerned before the balance of the estate is passed to the Customary Court, and that court shall thereafter be responsible to see that all other debts are settled before final distribution of the estate of the deceased service person.

279. Property of deceased service person to be distributed subject to rights of creditors

Where money or personal property or any part thereof of a deceased person subject to service law under this Act is paid or delivered to a person recorded as next of kin under this Part of this Act or as beneficiary under the will of the deceased person or as his widow or child, or otherwise in accordance with this Act as a near relative, a creditor of the deceased person shall have the same rights and remedies against the person to whom the money or personal property is paid or delivered as if that person had received the money or personal property as legal personal representative of the deceased person.

280. Deceased service person’s money undisposed of to constitute a fund

(1) Subject to the provisions of this section, if any money or personal property or any part thereof belonging to a deceased person subject to service law under this Act, is not disposed of or appropriated within one year and no valid claim thereto has been made, it shall, after conversion into cash where necessary, be paid over to the Accountant-General who shall apply it towards establishing a fund for the benefit of service personnel and ex-service personnel of the Armed Forces who are in distress, or for the benefit of the Armed Forces generally, or for charitable purposes.

(2) The application under subsection (1) of this section of any money or property or part thereof towards establishing a fund shall not be a bar to any subsequent claim, by any person, established within twelve months after the application.

(3) The Minister of Defence, after consultation with the Forces Council, may make regulations for the formation of the fund and any disbursements from the fund, and those regulations may provide for the fund to be identical with the Armed Forces Benefit Fund established under this Act or for the fund to be a separate fund administered for the purposes of this section.

281. Application of money, etc., in case of desertion

Money or other property of a deserter under this Act which is under the charge or control of an officer of the Armed Forces, the Accountant-General or any public department shall be disposed of as nearly as may be in accordance with the provisions of section 278 of this Act or as may otherwise be prescribed under this Act, and if that section is invoked, it shall have effect accordingly.

282. Uniforms and decorations of deceased service person

Notwithstanding any other provision of this Act, a uniform, medal or decoration belonging to a deceased person shall not comprise part of his personal estate for the purpose of satisfying the claim of creditors or of any of the purposes of administration under this Act or otherwise but shall be delivered to and held by the competent Service Chief or an officer authorised by him and be disposed of in such manner as may be prescribed.

Miscellaneous

283. Power to make regulations generally

The President may, in any case not otherwise provided for under this Act, make regulations generally for prescribing or providing for any act, matter or thing for the purpose of giving effect to the provisions of this Act.

284. Powers exercisable in subsidiary legislation

(1) A power conferred by this Act to make regulations, rules, orders or other instruments shall include power to make provision for specified cases or classes of cases, and for the purposes of those regulations, rules, orders or other instruments, classes of cases may be defined by reference to any circumstances specified in the regulations, rules, orders or other instruments.

(2) Regulations, rules, orders or other instruments made under subsection (1) of this section may-

(a) impose conditions, require acts or things to be performed or done to the satisfaction of a person named therein whether or not that person is a member of the Armed Forces;

(b) empower that person to issue orders either orally or in writing requiring acts or things to be

performed or done or prohibiting acts or things from being performed or done;

(c) prescribe periods or dates on, within or before which those acts or things shall be performed or done or what conditions shall be fulfilled; and

(d) provide for appeal against an order or direction made or given under this subsection.

285. Provisions as to active service

(1) Without prejudice to section 41 of this Act, in this Act “on active service” in relation to a unit means that the unit is engaged in operations against an enemy and, in relation to a person, means that the person is serving in or with a unit which is on active service.

(2) Where it appears to the President that, by reason of the imminence of active service or of the recent existence of active service, it is necessary for a service of the Armed Force or for the public that a unit should be deemed to be or continue to be on active service, he may declare that for such period, not exceeding three months, beginning with the coming into force of the declaration as may be specified therein, that unit shall be deemed to be on active service.

(3) Where it appears to the President that it is necessary for a service of the Armed Forces or for the public that the period specified in a declaration under subsection (2) of this section should be prolonged, or, if previously prolonged under this subsection, should be further prolonged, he may declare that the period shall be prolonged by such time, not exceeding three months, as may be specified in the declaration under this subsection.

(4) If at any time while a unit is deemed to be on active service by virtue of the foregoing provisions of this section, it appears to the President that there is no necessity for the unit to continue to be treated as being on active service, he may declare that, as from the coming into operation of the declaration, the unit shall cease to be, or to be deemed to be, on active service.

286. Execution of orders, instruments, etc.

An order or a determination by an officer of the Armed Forces or service authority may, unless otherwise prescribed by rules or regulations made under this Act, be signified under the hand of an officer authorised in that behalf, and an instrument signifying the order or determination and purporting to be signed by an officer stated therein to be so authorised shall, unless the contrary is proved, be accepted by all courts and persons as sufficient evidence accordingly.

287. Establishment of the Armed Forces Benefit Fund

(1) All fines awarded under Part XII and section 272 of this Act shall be paid over to the Accountant-General and be applied towards establishing a fund to be known as the Armed Forces Benefit Fund (in this Act referred to as “the Benefit Fund”) for the purpose of making money available for the benefit of service personnel and ex-service personnel of the Armed Forces who are in distress, or for the benefit of the Armed Forces generally, and for charitable purposes.

(2) The Minister of Defence, after consultation with the Forces Council, may make regulations for the formation of the Benefit Fund, and disbursements shall be made out of the Benefit Fund in accordance with those regulations.

288. Rights of officers

Officers of the Army, Navy and Air Force shall have and enjoy the like powers, rights, immunities and privileges as are by any means conferred upon and enjoyed by commissioned officers of any of the services of the Armed Forces.

289. Corresponding structure of ranks in the Armed Forces

The corresponding structure of ranks of officers, soldiers, ratings and aircraftmen in the Armed Forces shall be as set out in the Third and Fourth Schedules, respectively, to this Act.

[Third and Fourth Schedule.]

290. Repeal and savings

(1) The Nigerian Army Act, the Navy Act, the Air Force Act and the Military Court (Special Powers) Act (in this section referred to as “the repealed enactments”) and all other enactments relating thereto are hereby repealed.

[Cap. 225 1990. Cap. 294 1990. Cap. 288 1990. Cap. 15 1990.]

(2) Notwithstanding the repeal of the enactments referred to in subsection (1) of this section-

(a) all the bodies of troops raised under any of the repealed enactments shall be deemed to have been raised under this Act;

(b) an officer, a soldier, rating or an aircraftman serving in the Armed Forces under any of the repealed enactments immediately before the commencement of this Act shall be deemed to have been commissioned or enlisted, as the case may be, under this Act and the officer, soldier, rating or aircraftman shall not be required to serve in the Armed Forces for a period longer than that for which he was first commissioned, enlisted or re-engaged;

(c) a document referring to a provision of any of the repealed enactments shall be construed as a reference to the corresponding provision of this Act;

(d) where an offence, being an offence for the continuance of which a penalty was provided, has been committed under any of the repealed enactments, court-martial or other proceedings may be taken under this Act in respect of the continuance of the offence after the commencement of this Act, in the same manner as if the offence had been committed under the corresponding provisions of this Act.

(3) Any proceeding or other sentence pending or existing immediately before the commencement of this Act against an officer, a soldier, rating or an aircraftman may be continued or commenced, as the case may be, and a determination of a court-martial, civil court or other authority or person may be enforced against the officer, soldier, rating or aircraftman to the same extent that the proceeding or other action or determination could have been continued, commenced or enforced against that officer, soldier, rating or aircraftman.

(4) An officer who immediately before the commencement of this Act, was authorised to recruit or attest enlisted persons shall, without prejudice to any subsequent withdrawal of the authorisation, be deemed, without further authorisation, to be a recruiting officer for the purposes of this Act.

(5) A forfeiture of, or deduction from, pay having effect under any of the repealed enactments immediately before the commencement of this Act, shall continue to have effect notwithstanding the repeal of the enactments.

(6) A document made before the commencement of this Act which would have been admissible in evidence under the provisions of any of the enactments, shall be admissible to the same extent and in the same proceedings notwithstanding that the repealed enactments have ceased to have effect.

(7) Nothing in this Act shall invalidate an act or a thing done by any officer, person, authority or office that immediately before the commencement of this Act was authorised or charged with the doing of the acts or thing aforesaid by virtue of any of the repealed enactments or any other enactments relating thereto and the act or thing done shall be deemed to have been duly executed and shall continue to be in force as if the officer, person, authority or office was authorised and charged with the function by virtue of this Act or in accordance with the provisions of an instrument made thereunder.

291. Interpretation

(1) In this Act, unless the context otherwise requires-

“Accountant-General” means the Accountant-General of the Federation;

“acting rank” means rank of any description in the Armed Forces by whatever called and being such that a commanding officer may, with or without preferring a charge under this Act, order the holder to revert to a lower rank or to his substantive rank, as the case may be and “acting warrant or chief petty officer” and “acting non-commissioned officer” shall be construed accordingly;

“aircraft” means a machine for flying, whether propelled by mechanical means or not, and includes a machine of the type known as a hovercraft as well as any description of balloon;

“Air Council” means the Nigerian Air Council established under section 15 of this Act;

“aircraft material” includes-

(a) part of and components of or accessories for, aircraft, whether for the time being in an aircraft or not;

(b) engines, armaments, ammunition and bombs and other missiles of any description in, or for use in, an aircraft;

(d) an apparatus used in connection with the taking-off or landing of aircraft or for detecting the movement of an aircraft; and

(e) any fuel used for the propulsion of an aircraft and any material used as a lubricant for an aircraft or aircraft material;

“aircraft papers” includes books, documents, forms and writings of whatever description and whether or not relating to the flight of the aircraft when captured or to any flight, which are delivered up or found abroad the aircraft;

“Air Force” means the Nigerian Air Force raised under this Act;

“air signal” means any message, signal or indications given, by any means whatsoever, for the guidance of aircraft or a particular aircraft;

“allied forces” means military, naval or air forces of any country allied to, or associated with, the Federation and includes any Commonwealth force;

“appropriate Service Council or Board” means the Army Council, the Air Council or the Navy Board, as the case may be;

“appropriate superior authority” has the meaning assigned to it by subsections (1) and (2) of section 128 of this Act;

“Armed Forces” means the Nigerian Army, the Nigerian Navy and the Nigerian Air Force raised under section 1 of this Act;

“Army” means the Nigerian Army raised under section 1 of this Act;

“Army Council” means the Nigerian Army Council established under section 9 of this Act;

“arrest” includes open and close arrest and means physical restraint imposed on a person by order of a competent superior authority in accordance with the provisions of this Act depriving a person of freedom;

“before the enemy” in relation to a person, means that the person is in action against the enemy or about to go into action against the enemy or is under attack or threat of imminent attack by the enemy;

“Board” means the Nigerian Navy Board established under section 12 of this Act;

“Boards of Inquiry Rules” means rules made under section 180 (d) of this Act regulating the boards of inquiry;

“civil court” means a court of competent criminal jurisdiction, but does not include a customary court by whatever name called;

“civil offence” has the meaning assigned to it in subsection (2) of section 114 of this Act;

“civil prison” means a prison in Nigeria in which a person sentenced by a civil court to imprisonment can for the time being be confined;

“commander” means the Service Chief of the respective services of the Armed Forces appointed by the President to have the command, direction and general superintendence of the services raised under this Act;

“commanding officer” in relation to a person, means the officer commanding the unit to which the person belongs or is attached;

“constable” includes a person (whether within or outside the Federal Republic of Nigeria) having powers corresponding with those of a constable;

“corresponding civil offence” has the meaning assigned to it by subsection (2) of section 114 of this Act;

“corresponding rank” in relation to any rank of any other service of the Armed Forces or an allied force, means such rank in that force as is specified under the Third and Fourth Schedules to this Act to correspond with a rank under this Act;

“court-martial” means a court-martial constituted under this Act;

“Customary Court” includes an Alkali’s court, and any other court at any time before or after the commencement of this Act known as a native court;

“damage” and cognate expressions, include destruction;

“date of attestation” in relation to a person, means the date on which he is attested as having enlisted in any service of the Armed Forces;

“decoration” includes a medal, ribbon, clasp and good conduct badge;

“desertion” shall be construed in accordance with subsection (3) of section 60 of this Act;

“enemy” means all persons engaged in armed operations against Nigeria or allied forces, and includes armed mutineers, armed rebels, armed rioters and pirates;

“executive officer” means the officer carrying out the executive duties of the ship or establishment;

“Forces Council” means the Armed Forces Council established under section 4 of this Act;

“Imprisonment Rules” means rules regulating imprisonment made by the President under section 180 (c) of this Act;

“independent command” means a ship’s officers and men of which are appointed or drafted to it and borne on its books;

“junior rating” means a rating enlisted in accordance with the provisions of section 29 of this Act;

“member of the Armed Forces” means an officer, soldier, rating or aircraftman, as the case may be;

“Minister” or “Minister of Defence” means the Minister charged with responsibility for matters relating to defence;

“oath” includes affirmation, and references to swearing shall be construed accordingly;

“officer” means, in relation to the Armed Forces, a person of or above the rank of cadet or any superior rank;

“on active service” in relation to a unit, means that the unit is engaged in operations against an enemy, and in relation to a person, means that the person is serving in or with the unit which is on active service and also includes normal or routine military duties;

“prescribed” means prescribed by rules of procedure;

“President” means the President;

“prison” includes a civil prison and any detention facility of any service of the Armed Forces;

“property” includes real property in any State of the Federation or outside the Federation of the nature of real property;

“provost officer” means a provost marshal or officer appointed to exercise the functions conferred by or under service law on a provost officer;

“public” when used adjectivally, means belonging to the Government of the Federation or of a State or Local Government or to the Government of the country to which an allied force serving or operating in Nigeria belongs;

“recruiting officer” means a person authorised as such under section 27 of this Act;

“Reserve” means the Armed Forces Reserve established under section 2 of this Act comprised of those persons who are subject to reserve service or liability under this Act;

“service” when used adjectivally, means belonging to or connected with the Armed Forces;

“Service Chief” means the Chief of Army Staff, the Chief of Naval Staff or the Chief of Air Staff, as the case may be;

“service guardroom” means separate premises designated by the commander of any service of the Armed Forces for persons serving sentences of imprisonment;

“service law” means this Act and includes the Military, Naval or Air Forces law of any allied forces;

“service of the Armed Forces” means the Army, Navy or Air Force, as the case may be;

“service property” includes property belonging to any service of the Armed Forces;

“ship papers” includes books, documents, forms and writings of whatever description and whether or not relating to the voyage of the ship when captured or to any other voyage, which are delivered up or found abroad the ship;

“soldier, rating or aircraftman” means a member of the Armed Forces of or below the rank of chief petty officer or equivalent rank, and references in this Act to soldier, rating or aircraftman or to a soldier, rating or aircraftman of any particular rank includes references to a soldier, rating or aircraftman of rank corresponding with any of the services of the Armed Forces, as the case may be;

“stealing” has the meaning assigned to it in the Criminal and Penal Codes and references to “stolen goods” shall be construed as if contained in those Codes;

“stoppages” means, in relation to pay, the recovery by deduction from the pay of the offender of a specified sum by way of compensation for any expense, loss or damage occasioned by the offence;

“tender” means a ship or vessel the officers and men of which are appointed or drafted to and borne on the books of another ship or vessel being a parent ship or vessel;

“unit” means an establishment, base or any other formation of the Armed Forces personnel which has been declared to be a unit by the Forces Council;

“warrant or petty officer” includes a chief petty officer or its equivalent and a warrant or petty officer, man and rating or equivalent status in all the services of the Armed Forces, except when used as title of soldier, rating or aircraftman.

(2) Where by this Act it is provided that a person subject to service law under this Act shall be liable on conviction by a court-martial to imprisonment and no term or maximum term is specified, the person so convicted shall be liable to imprisonment for a maximum term not exceeding that which is provided for in the provisions of this Act.

292. Short title

This Act may be cited as the Armed Forces Act and shall come into force on 6 July 1994.

[1994 No. 24.]

Schedules

(Not available)

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Armed Forces (Disciplinary Proceedings) (Special Provisions) Act, 1975

Armed Forces (Disciplinary Proceedings) (Special Provisions) Act

An Act to enable the appropriate Council to take disciplinary proceedings against any person subject to military law irrespective of the institution or contemplation of criminal proceedings against him in any court on substantially the same grounds as those on which he is to be disciplined.

[Commencement.] [29th July, 1975]

1. Power of the Council to hold disciplinary proceedings concurrently with criminal proceedings in court on same matter

Notwithstanding anything to the contrary in any law, the appropriate Councilor Board of each force of the Armed Forces of the Federation (in this Act referred to as “the Council”) may institute, and where instituted may continue disciplinary proceedings against any person subject to military law (hereafter referred to as an “officer”) whether or not-

(a) criminal proceedings have been instituted with respect to such a person in any court of law in Nigeria or elsewhere or are about to be instituted or are contemplated; or

(b) the grounds upon which any criminal charge is based or is to be based are substantially the same as those upon which the disciplinary proceedings were or are to be instituted.

2. Power of the Council to punish following an acquittal

An officer acquitted on a criminal charge for an offence or given a discharge, whether amounting to an acquittal or not, in any court of law may be dismissed or otherwise punished in accordance with any disciplinary provisions on any other charge arising out of his conduct in the matter if the Council is satisfied-

(a) that his conduct in the matter has been in any respect blameworthy; or

(b) that it is in the interest of the force where he is deployed and generally in the interest of the Armed Forces as a whole that he be so punished.

3. No proceedings against Council for contempt of court

It is hereby declared that where disciplinary proceedings are instituted or continued as permitted by this Act no court of law shall have power to charge or commit any person for any act relating to or pertaining to the proceeding which would, but for this section, have amounted to a contempt of any such court and, accordingly, the provisions of this Act shall have effect notwithstanding any law relating to contempt of court to the contrary.

4. Modification of certain provisions

As from the commencement of this Act, the provisions contained in any regulations or rules relating to discipline of officers or contained in any contract or arrangement or in any other instrument whatsoever shall be construed with such modifications, omissions or alterations as may be necessary to give effect to this Act.

5. Interpretation

(1) In this Act, unless the context otherwise requires-

“Council” means the Army Council, Navy Board or Air Force Council established by the Armed Forces Act;

[Cap. A20.]

“disciplinary proceedings” means any disciplinary proceedings brought against any officer pursuant to the powers conferred on the Council by law or under any other law or under any rules or regulations made under any of the laws or under any contract or arrangement or other instrument whatsoever and includes any punishment imposed as a result of such proceedings;

“law” includes any rule of law;

“officer” means any person subject to military law.

(2) References in this Act to the Council shall be construed, where appropriate, as including references to any person to whom the Council may have delegated its powers pursuant to the appropriate service law.

6. Short title

This Act may be cited as the Armed Forces (Disciplinary Proceedings) (Special Provisions) Act.

Credit: Policy and Legal Advocacy Centre (PLAC)

Architects (Registration, etc.) Act 1969 (NG)

Architects (Registration, etc.) Act

An Act to provide for the registration of the profession of architects by the Architects Registration Council of Nigeria, and for all other matters connected with that profession.

[Commencement. ] [3rd July, 1969]

Architects Registration Council of Nigeria

1. Use of appellation of “architect”

Subject to the provisions of this Act, a person shall not prepare or take full responsibility for the erection or commissioning of architectural building plans or practise or carry on business (other than that having relevance to ship construction, or to landscape or golf-links) under any name, style or title containing the word “architect” unless he is a Nigerian citizen and registered under this Act.

[1990 No. 43.]

2. Establishment of the Architects Registration Council of Nigeria

(1) There shall be established, a body to be known as the Architects Registration Council of Nigeria (in this Act referred to as “the Council”) which shall be a body corporate by the name aforesaid and shall be charged with the general duty of-

(a) determining what standards of knowledge and skill are to be attained by persons seeking to become members of the architectural profession (in this Act referred to as “the profession”) and raising those standards from time to time as circumstances may permit;

(b) securing in accordance with the provisions of this Act, the establishment and maintenance of a register of persons entitled to practise the profession and the publication from time to time of lists of those persons;

(2) Subject to the provisions of this Act, the Council shall consist of the following-

(a) four persons, one of whom shall be a member of staff of the Ministry to represent the various interests in the field of architecture who shall be appointed by the Minister;

(b) one person to represent each state of the Federation and the Federal Capital Territory, Abuja who shall be appointed by the Minister on the nomination of the Governor of the State and the Minister of the Federal Capital Territory, respectively;

(c) four persons, who shall represent the universities having accredited faculties of architecture on a rotational basis, so however that, no university shall have more than one representative at a time;

(d) four persons, who shall be appointed by the Nigerian Institute of Architects (in this Act referred to as “the Institute) in the manner for the time being provided by the constitution of the Institute:

Provided that, a person shall not be appointed as a member of the Council unless he is fully registered as an architect under this Act and at the date of his appointment he has been engaged in architectural practice for a period of not less than ten years.

[1990 No. 43. S.1. 5 0f 2001.]

(3) The provisions of the First Schedule to this Act shall have effect with respect to the qualification and tenure of office of members of the Council, powers and procedure of the Council and the other matters there mentioned.

[First Schedule.]

(4) The Minister may, make regulations for increasing or reducing the membership of the Council as and when the Minister may consider it expedient.

[1990 No. 43.]

3. Financial provisions

(1) The Council shall prepare and submit to the Minister not later than the 31st day of December of the year in which this subsection comes into force (so however for that year the Minister may, if he considers it necessary, extend the period) and of each subsequent year, an estimate of its expenditure and income during the next succeeding financial year.

(2) The Council shall keep proper records in respect of each financial year, and proper records in relation to those accounts, and shall cause its accounts to be audited as soon as may be after the end of the financial year to which the accounts relate by a firm of auditors approved, as respects that year by the Minister for Finance.

4. Control of Council by Minister

(1) The Minister may, give to the Council directions of a general character or relating generally to particular matters (but not to any individual person or case) with regard to the exercise by the Council of its functions and it shall be the duty of the Council to comply with the directions.

(2) Before giving a direction under the foregoing subsection, the Minister shall serve a copy of the proposed direction on the Council and shall afford the Council an opportunity of making representations to him with respect to the direction; and after considering any representations made to him in pursuance of this subsection, the Minister may give the direction either without modification, or with such modifications as appear to him to be appropriate having regard to the representations.

The Registers

5. Preparation and maintenance of the registers

(1) It shall be the duty of the Council to appoint as the Registrar for the purposes of this Act, a fit and proper person having not less than ten years’ experience as a fully registered Architect.

[1990 No. 43.]

(2) It shall be the duty of the Registrar to prepare and maintain in accordance with rules made by the Council under this section-

(a) registers of the names, addresses and approved qualifications and such other particulars as may be specified, of all persons who are entitled in accordance with the provisions of this Act to be registered as architects and who apply in the specified manner to be so registered;

(b) a register with particulars of architectural firms eligible to practise under the provisions of this Act.

[1990 No. 43.]

(3) The register of architects (in this Act referred to as “the register”) shall consist of two parts of which one shall be in respect of fully registered persons entitled to practise as principals and the other in respect of provisionally registered persons.

(4) Subject to the following provisions of this section, the Council shall make rules with respect to form and keeping of the registers and the making of entries therein, and in particular-

(a) regulating the making of applications for registration and providing for the evidence to be produced in support of applications;

(b) providing for the notification to the Registrar, by the person to whom any registered particulars relate, of any change in those particulars;

(c) authorising a registered person to have any qualification which is registered in relation to his name in addition to or, as he may elect, in substitution for any other qualifications so registered;

(d) specifying the fees to be paid to the Council in respect of the entry of names on the registers and authorising the Registrar to refuse to enter a name on a register until any fee specified for the entry has been paid;

(e) specifying anything falling to be specified under the foregoing provisions of this section,

but rules made for the purposes of paragraph (d) of this subsection shall not come into force until they are confirmed by order of the Minister.

(5) It shall be the duty of the Registrar-

(a) to correct, in accordance with the Council’s directions, any entry in a register which the Council directs him to correct as being in the Council’s opinion an entry which was incorrectly made;

(b) to make from time to time any necessary alterations to the registered particulars of registered persons;

(c) to remove from the part of the register of architects which relates to provisionally registered persons, all particulars relating to a person registered in the other part of that register; and

(d) to remove from the relevant part of the register the name of any registered person who has died, or as the case may be, has ceased to be entitled to be provisionally registered.

(6) If the Registrar-

(a) sends by post to any registered person, a registered letter addressed to him at his address on the register, enquiring whether the registered particulars relating to him are correct and receives no reply to the letter within the period of six months from the date of posting it; and

(b) upon the expiration of that period, sends in like manner to the person in question a second similar letter and receives no reply to that letter within three months from the date of posting it,

the Registrar may, remove the particulars relating to the person in question from the relevant part of the register; and the Council may direct the Registrar to restore to the appropriate part of the register any particulars removed therefrom under this subsection.

6. Publication of registers and lists of corrections

(1) It shall be the duty of the Registrar-

(a) to cause a list of persons whose names and qualifications are indicated in the register to be printed, published, and put on sale to members of the public not later than two years from the beginning of the year in which this subsection comes into force;

(b) in each year after that in which a register is first published under paragraph (a) of this subsection, to cause to be printed, published and put on sale as aforesaid either a corrected edition of the register or a list of alterations made to the register since it was last printed; and

(c) to cause a print of each edition of the register and of each list of corrections to be deposited at the principal offices of the Council,

and it shall be the duty of the Council to keep the register and lists so deposited open at all reasonable times for inspection by members of the public.

(2) In addition, the Registrar shall cause to be published a list of persons qualified as architects but not entitled to practise as principals.

(3) A document purporting to be a print of an edition of a register published under this section by the authority of the Registrar in the current year, or documents purporting to be print of an edition of a register so published in a previous year and of a list of corrections to that edition so published in the current year, shall (without prejudice to any other mode of proof) be admissible in any proceedings as evidence that any person specified in the document, or the documents read together, is exempted or as the case may be, as being fully or provisionally registered, and that any person not so specified is not so exempted or registered.

Registration

7. Registration of architects

(1) Subject to the provisions of this Act and to rules made under section 5 of this Act, a person shall not be entitled to be fully or provisionally registered under this Act as an architect and, when so registered, to practise as such unless-

(a) he has attended a course of training approved by the Council under section 9 of this Act; and

(b) the course was conducted at an institution so approved, or partly at one such institution and partly at another or others; and

(2) Registration in the first instance shall be provisional, unless the Council in its discretion authorises full registration of an applicant.

[1990 No. 43.]

(3) The provisions of the Third Schedule to this Act shall have effect with respect to the professional responsibility of provisionally registered architects under this Act.

[Third Schedule.]

(4) Subject as aforesaid, if in the case of an applicant under section 8 (2) or (3) of this Act, he satisfies the Council on all matters on which the Council requires to be satisfied that he is a fit and proper person, the applicant may likewise be provisionally or fully registered in pursuance of subsection (2) above.

(5) Subject as aforesaid, a person shall be entitled to be fully registered, if being a citizen of Nigeria or a person within section 8 (2) or (3) of this Act, he satisfies the Council-

(a) as to his experience for the purposes of section 11 (1) of this Act;

(b) that he is of good character;

[1990 No. 43.]

(d) that his qualifications as an architect are for the time being accepted by the Council for the purposes of this subsection as respects the profession of an architect;

and save where section 8 (3) of this Act applies-

(e) that where a qualification was acquired outside Nigeria, the applicant for registration under this Act was under no legal disability in the practice of architecture, and if the Council so requires, that he has sufficient practical experience in the profession of an architect,

and the Council shall from time to time publish in the Federal Gazette, particulars of the qualifications for the time being accepted as aforesaid.

(6) A fully registered architect shall be entitled to a stamp from the Council, but any stamp presented in pursuance of this subsection may be withdrawn by the Council from such a member on-

(a) his ceasing to become a registered member;

(b) being convicted of an offence under this Act;

[1990 No. 43.]

(7) The Council may, with the approval of the Minister, impose further conditions for purposes of any registration under this Act, but such conditions shall not come into force until published in the Gazette.

[1990 No. 43.]

8. Persons entitled to registration in special circumstances

(1) Where at the date of commencement of this Act, a Nigerian citizen holds in Government service (Federal or State) any office carrying with it the designation of “architect” by virtue of which he has control and management of the architectural work of Government as aforesaid, and under his control for the purposes of that work, there is at least one person qualified for registration under this Act as an architect, he may, on application in writing to the Council at any time within six months after its commencement, and on satisfying the Council that-

(a) at the date of his application he was a member of any appropriate institution recognised by the Council;

(b) at that date he had under his control for the purposes of his work, at least one person entitled to registration or duly registered under this Act as an architect; and

be entitled to provisional registration and to the use of the word “architect” as descriptive of his occupation so long only as he continues to be employed in the public service of the Federation or of a State:

Provided that, such an architect shall not be promoted beyond the rank of a senior architect until his full registration.

[1990 No. 43.]

(2) Subject to the next succeeding subsection, where the Council is satisfied that reciprocal arrangements are in existence between Nigeria and any other country whereby citizens or nationals of that country and those of Nigeria are entitled to practise in that other country as architects on the same or nearly similar terms and conditions, a national or citizen of that other country shall, if resident in Nigeria for not less than five years preceding the date of his application for registration, and on due compliance with any other requirements of the Council, be entitled to be registered as an architect under this Act.

(3) Where any person not being a citizen of Nigeria would, but for this subsection, be required to satisfy the Council as to reciprocal arrangements made and as to his residential qualification and that person is, on or after the commencement of this section, employed in Nigeria as an architect-

(a) under any foreign technical assistance or foreign technical aid programme; or

(b) under a contract of service with the Federal Government or Government of any State of the Federation,

the Council shall, after receipt by it of an application for registration duly made by any person so employed, and upon payment of the prescribed fee and due verification of his qualification but without requiring the person to satisfy the Council as to any such reciprocal arrangements and residential qualification, direct his provisional registration for six months.

[1990 No. 43.]

9. Approval of courses, qualifications and institutions

(1) Subject to subsection (2) of this section, the Council may approve for the purposes of section 7 of this Act-

(a) any course of training which is intended for persons who are seeking to become, or are already qualified as, architects;

(b) any institution, either in Nigeria or elsewhere, which the Council considers is properly organised and equipped for conducting the whole or any part of a course of training approved by the Council under this section;

(c) any qualification which, as a result of examination taken in conjunction with a course of training approved by the Council under this section, is granted to candidates reaching a standard at the examination indicating, in the opinion of the Council, that they have sufficient knowledge and skill to practise architecture as a profession, otherwise than as a principal.

(2) The Council shall from time to time publish in the Federal Gazette, a list of qualifications in the profession of architecture approved by it, and subject thereto, the Council shall not approve for the purposes of subsection (1) of this section, a qualification granted by an Institution in Nigeria unless the qualification has been so published by the Council.

(3) The Council may, upon the recommendation of the Institute, withdraw any approval given under this section in respect of any course, qualification or institution; but before withdrawing such an approval the Council shall-

[1990 No. 43.]

(a) give notice that it proposes to do so to each person in Nigeria appearing to the Council to be a person by whom the course is conducted or the qualification is granted or the institution is controlled, as the case may be; and

(b) afford each such person an opportunity of making to the Council representations with regard to the proposal; and

(c) take into consideration any representations made as respects the proposal in pursuance of the last foregoing paragraph.

(4) As respects any period during which the approval of the Council under this section for a course, qualification or institution is withdrawn, the course, qualification or institution shall not be treated as approved under this section; but the withdrawal of such an approval shall not prejudice the registration or eligibility for registration of any person who by virtue of the approval was registered or eligible for registration (either unconditionally or subject to his obtaining a certificate of professional competence) immediately before the approval was withdrawn.

[1990 No. 43.]

(a) as soon as may be possible, publish a copy of every such instrument in the Federal Gazette; and

(b) not later than seven days before its publication as aforesaid, send a copy of the instrument to the Minister.

10. Supervision of instruction and examinations leading to approved qualifications

(1) It shall be the duty of the Council to keep itself informed of the nature of-

(a) the instruction given at approved institutions to persons attending approved courses of training; and

(b) the examinations as a result of which approved qualifications are granted,

and for the purposes of performing that duty, the Council may appoint, either from among its own members or otherwise, persons to visit approved institutions or to attend such examinations.

[1990 No. 43.]

(2) It shall be the duty of the Institute under this subsection to report to the Council on-

(a) the adequacy of the instruction given to persons attending approved courses of training at institutions visited;

(b) the adequacy of the examination attended; and

(c) any other matters relating to the institution or examination on which the Council may, either generally or in a particular case, request the Institute to report,

but the Institute shall not interfere with the giving of any instruction or the holding of any examination.

[1990 No. 43.]

(3) On receiving a report made in pursuance of this section, the Council shall as soon as may be possible, send a copy of the report to the person appearing to the Council to be in charge of the institution or responsible for the examinations to which the report relates requesting that person to make observations on the report to the Council within such period as may be specified in the request, not being less than one month beginning with the date of the request.

11. Certificate of professional competence

(1) Any person who, having qualified as an architect by examination after the commencement of this Act or within two years before its commencement as the case may be, satisfies the conditions mentioned in section 7 (5) (e) and subsection (2) of this section, may apply for and be entitled to receive free of charge, a certificate of professional competence from the Institute entitling him to be fully registered as an architect under this Act; and such certificates shall when received by the person provisionally registered, be filed with his application for full registration.

[1990 No. 43.]

(2) The conditions aforesaid are-

(a) he shall, during his employment after qualification as aforesaid, have acquired practical experience under the personal supervision and guidance of one or more fully registered architect for the period of two years; and

(b) the manner in which he carried out the duties of his employment and his conduct during the period of his employment shall have been satisfactory.

(3) It shall be the duty of the employer being a fully registered architect supervising the work of persons employed by him to-

(a) ensure that the person is afforded proper opportunities of acquiring the practical experience required for the purposes of paragraph (a) of subsection (2) of this section;

(b) provide such person employed by him with the prescribed documents for presentation to the Council.

[1990 No. 43.]

(4) Where after having completed the period mentioned in paragraph (a) of subsection (2) of this section, any person affected applies for and is refused a certificate of professional competence, he shall be entitled-

[1990 No. 43.]

(a) to receive from the Council, particulars in writing of the grounds of the refusal; and

(b) to appeal from the refusal to the Minister, in accordance with rules made by the Council in that behalf (including rules as to the time within which appeals are to be brought),

and on any such appeal, the Minister may either allow the appeal or dismiss it, or direct that the case be referred back to the Council for re-consideration, and subject thereto, no further or other right of appeal shall lie.

(5) Where an appeal is allowed under subsection (4) of this section, the Council shall forthwith issue the certificate of professional competence.

[1990 No. 43.]

Professional Discipline

12. Establishment of Disciplinary Tribunal and Investigating Panel

(1) There shall be a tribunal, to be known as the Architects Disciplinary Tribunal (in this Act referred to as “the Tribunal”), which shall be charged with the duty of considering and determining any case referred to it by the panel established by the following provisions of this section and any other case of which the Tribunal has cognisance under the following provisions of this Act.

(2) The Tribunal shall consist of the President of the Council and eleven other members of the Council appointed by the Council and shall include not less than four members of the Council holding office by virtue of paragraph (d) of subsection (2) of section 2 of this Act, or, where the number of those members is for the time being less than four, all those members.

(3) There shall be a body to be known as the Architects Investigating Panel (in the Act referred to as “the Panel”), which shall be charged with the duty of-

(a) conducting a preliminary investigation into any case where it is alleged that a person fully or provisionally registered has misbehaved in his capacity as an architect, or should for any other reason be the subject of proceedings before the Tribunal; and

(b) deciding whether the case should be referred to the Tribunal.

(4) The Panel shall be appointed by the Council and shall consist of seven members of the Council and two fully registered architects who are not members of the Council.

(5) The provision of the Second Schedule to this Act shall, so far as applicable to the Tribunal and the Panel respectively, have effect with respect to those bodies.

[Second Schedule.]

13. Penalties for unprofessional conduct, etc.

(1) Where-

(a) a person fully registered under this Act is convicted, by any court in Nigeria or elsewhere having power to award imprisonment, of an offence (whether or not an offence punishable with imprisonment) which in the opinion of the Tribunal is incompatible with the status of an architect; or

(b) a person provisionally registered under this Act, is likewise so convicted in circumstances such that the Council is satisfied that his name ought to be removed from the register; or

the Tribunal may, if it thinks fit, give a direction reprimanding that person if fully registered or, whether or not fully registered, suspending that person from practice by ordering him not to engage in practice as an architect for such period not exceeding 24 months or ordering the Registrar to strike his name off the relevant part of the register.

[1990 No. 43.]

(2) The Tribunal may, if it thinks fit, defer or further defer is decision as to the giving of a direction under subsection (1) of this section, until a subsequent meeting of the Tribunal; but

(a) no decision shall be deferred under this subsection for periods exceeding two years in the aggregate; and

(b) no person shall be a member of the Tribunal for the purposes of reaching a decision which has been deferred or further deferred, unless, he was present as a member of the Tribunal when the decision was deferred.

(3) For the purposes of subsection (1) of this section, a person shall not be treated as convicted as mentioned in paragraph (a) of that subsection, unless the conviction stands at a time when no appeal or further appeal is pending or may (without extension of time) be brought in connection with the conviction.

(4) When the Tribunal gives a direction under subsection (1) of this section, the Tribunal shall cause notice of the direction to be served on the person to whom it relates.

(5) The person to whom such a direction relates may, at any time within twenty-eight days from the date of service on him of the notice of the direction, appeal against the direction to the Court of Appeal; and the Tribunal may appear as respondent to the appeal and, for the purpose of enabling directions to be given as to the costs of the appeal and of proceedings before the Tribunal, shall be deemed to be a party thereto whether or not it appears on the hearing of the appeal.

(6) A direction of the Tribunal under subsection (1) of this section shall take effect-

(a) where no appeal under this section is brought against the directions within the time limit for the appeal, on the expiration of that time;

(b) where such an appeal is brought and is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal;

(c) where such an appeal is brought and is not withdrawn or struck out as aforesaid, if and when the appeal is dismissed,

and shall not take effect, except in accordance with the foregoing provisions of this subsection.

(7) A person whose name is removed from the register in pursuance of a direction of the Tribunal under this section shall not be entitled to be registered again except in pursuance of a direction in that behalf given by the Tribunal on the application of that person; and a direction under this section for the removal of a person’s name from the register may prohibit an application under this subsection by that person until the expiration of such period from the date of the direction (and where he has duly made such an application, from the date of his last application) as may be specified in the direction.

Miscellaneous and General

14. Offences

(1) Any person not being an architect or ceasing to be entitled to full registration under this Act, who-

(a) for, or in expectation of reward, practises or holds himself out to practise as such; or

(b) without reasonable excuse takes or uses any name, title, addition or description implying that he is authorised by law to practise as an architect,

shall be guilty of an offence.

(2) Subject as aforesaid, any person on the provisional register who-

(a) for, or in expectation of reward, practises or holds himself out as authorised to practise other than as permitted in the Third Schedule; or

[Third Schedule.]

(b) without reasonable excuse takes or uses any name, title, addition or description implying that he is authorised by law to practise other than as is prescribed in the Third Schedule,

shall be guilty of an offence.

[1990 No. 43.]

(3) If any person, for the purpose of procuring the registration of any name, qualification or other matter-

(a) makes a statement which he believes to be false in a material particular; or

(b) recklessly makes a statement which is false in a material particular,

he shall be guilty of an offence.

(4) If the Registrar or any other person employed by the Council wilfully makes any falsification in any matter relating to the register, he shall be guilty of an offence.

(5) A person guilty of an offence under this section shall be liable-

(a) on conviction in the Federal High Court to a fine not exceeding N5,000 or not less than N1,000 or to imprisonment for a term not exceeding two years or to both such fine and imprisonment;

(b) on conviction in a High Court, to a fine not exceeding Nl,000 or imprisonment for a term not exceeding two years, or to both.

[1990 No. 43.]

(6) Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(7) Prosecution for an offence committed under this Act shall be conducted in the name of the Council by any of its authorised officers.

[1990 No. 43.]

(8) Without prejudice to the other provisions of this Act, offences under this Act shall be triable in the Federal High Court.

[1990 No. 43.]

15. Miscellaneous supplementary provisions

(1) Unless otherwise authorised or exempted under this Act, a person shall not hold an appointment in the public service of the Federation or a State or in the armed forces of the Federation requiring status as an architect.

(2) An architect under this Act shall, but to the extent only of his particular qualifications, be entitled to practise as an architect throughout the Federation.

(3) It shall be the duty of the person in charge of each University having attached thereto a Faculty of Architecture in the Federation at which there is held a course of training intended for persons who are seeking to become architects under this Act, to furnish to the Registrar, not later than the thirty-first day of March in every year, a list of the names and of such other particulars as the Council may by order specify, of all persons who attended any such course at the institution in question at any time during the preceding year.

(4) A provisionally registered architect other than one holding appointment in the public service of the Federation or of a State shall-

(a) not hold a professional responsibility for any domestic building project exceeding two floors in height;

(b) undertake other projects not falling under paragraph (a) of this subsection, under the supervision of a fully registered architect.

[1990 No. 43.]

16. Regulations, rules and orders

(1) Any power to make regulations, rules or orders conferred by this Act shall include power to make-

(a) provisions for such incidental and supplementary matters as the authority making the instrument considers expedient for the purposes of the instrument; and

(b) different provisions for different circumstances.

17. Interpretation, etc.

(1) In this Act, unless the context otherwise requires-

“approved” means for the time being approved by the Council under section 9 of this Act;

“approved architectural qualification” means a qualification which is approved by the Council this Act;

“architect” means any person professionally entitled to registration under this Act;

“architecture” means the art and science in theory and practice of design, erection, commissioning, maintenance and management and co-ordination of allied professional inputs thereto of buildings, or part thereof and the layout and master plan of such building or groups of buildings forming a comprehensive institution, establishment or neighbourhood as well as any other organised space, enclosed or opened, required for human and other activities;

[1990 No. 43.]

“certificate of experience” means a certificate granted in pursuance of section 11 of this Act;

“Council” means the Architects Registration Council of Nigeria established by section 2 (1) of the Act;

“Minister” means the Minister charged with responsibility for architecture;

[1990 No. 43]

“Panel” has the meaning assigned to it by section 12 (3) of this Act;

“prescribed” means prescribed by regulations made under this Act;

“register” means the register maintained under this Act;

“registered” shall be construed accordingly;

“Registrar” means the Registrar appointed in pursuance of section 5 of this Act;

“regulations” means regulations made by the Minister;

“Tribunal” has the meaning assigned to it by section 12 (1) of this Act.

(2) References in this Act to employment by a Government, include references to employment by any statutory corporation or State owned company.

(3) For the purposes of this Act-

(a) a person is fully registered, if his name is for the time being entered in the part of the register maintained in respect of architects entitled to practise as principals; and

(b) a person is provisionally registered, if his name is for the time being entered in the other part of that register,

and “fully registered” and “provisionally registered” shall be construed in accordance with paragraphs

(a) and (b) of this subsection.

(4) Any approval, consent, direction, notice, observation, report, representation or request authorised or required to be given or made by or under this Act shall be in writing and may, without prejudice to any other method of service but subject to the provisions of rules made under the Second Schedule to this Act, be served by post.

[Second Schedule.]

18. Short title

This Act may be cited as the Architects (Registration, etc.) Act.

SCHEDULES

FIRST SCHEDULE

[Section 2 (3).]

SUPPLEMENTARY PROVISIONS RELATING TO THE COUNCIL

Qualifications and Tenure of Office of Members

1. (1) Subject to the following provisions of this paragraph, a member of the Council shall hold office for a period not exceeding three years beginning with the date of his appointment, so however that, the term of his office shall not be less than two years, and any period in excess shall be fixed by the Council after consultation, where necessary, with the Minister.

[1990 No. 43.]

(2) Any member of the Council may, by notice in writing to the Council, resign his office.

[1990 No. 43.]

(3) A person who ceases to be a member of the Council shall be eligible again to become a member of the Council.

[1990 No. 43.]

(4) Where a member of the Council ceases to hold office before the date when his term of office would have expired by effluxion of time, the body or person by whom he was appointed shall, as soon as may be, appoint a person to fill the vacancy for the residue of the term aforesaid, so however provisions of this sub-paragraph shall not apply where a member of the Council ceases to hold office at a time when the residue of his term does not exceed one year.

[1990 No. 43.]

(5) Notwithstanding that the term of office of a member of the Council has expired by the effluxion of time, a person appointed as the President, Vice-President or Treasurer of the Council shall continue in that office until a fresh appointment is made to the office.

[1990 No. 43.]

Powers of the Council

2. (1) Subject to the following sub-paragraph and to any direction of the Minister under this Act, the Council shall have power to do anything which in its opinion is calculated to facilitate the carrying on of its activities.

(2) The Council shall not have power to borrow money or to dispose of any property, except with the prior consent of the Minister and shall not have power to pay remuneration (including pensions), allowances or expenses to any member, officer or servant of the Councilor to any other person, except in accordance with scales approved by the Minister.

Proceedings of the Council

3. Subject to the provisions of this Act and of section 27 of the Interpretation Act (which provides for decisions of a body to be taken by a majority of the members of the body and for the Chairman to have a second or casting vote), the Council may, make standing orders regulating the proceedings of the Councilor any committee thereof.

[Cap. 123.]

4. The quorum of the Council shall be ten, so however that, at least one of the persons appointed by the Institute and five of the representatives of the States of the Federation are present at the particular meeting and the quorum of any committee of the Council shall be determined by the Council.

[1990 No. 43.]

5. (1) The Council shall appoint from its members, a President, Vice-President and Treasurer but a member appointed to hold any of these offices who ceases to be a member of the Council shall relinquish his office.

[1990 No. 43.]

(2) At any time while the office of the President is vacant or the President is in the opinion of the Council permanently or temporarily unable to perform the functions of his office, the Vice-President shall perform those functions, and references in this Schedule to the President shall be construed accordingly.

6. (1) Subject to the provisions of any standing orders of the Council, the Council shall meet whenever it is summoned by the President and not less than four times in any financial year; and if the President is required so to do by notice given to him by not less than six other members, he shall summon a meeting of the Council to be held within seven days from the date on which the notice is given.

(2) At any meeting of the Council, the President shall preside, and in his absence or in the absence of the Vice-President, the President shall designate a member to preside at that meeting.

(3) Where the Council desires to obtain the advice of any person on a particular matter, the Council may co-opt him as a member for such period as it thinks fit, but a person who is a member by virtue of this sub-paragraph shall not be entitled to vote at any meeting of the Council and shall not count towards a quorum.

Committees

7. (1) The Council may appoint one or more committees to carry out, on behalf of the Council, such of its functions as the Council may determine.

(2) A committee appointed under this paragraph shall consist of the number of persons determined by the Council, and not more than one third of those persons may be persons who are not members of the Council; and a person other than a member of the Council shall hold office on the committee in accordance with the terms of the instrument by which he is appointed.

(3) A decision of a committee of the Council shall be of no effect until it is confirmed by the Council.

Miscellaneous

8. (1) The fixing of the seal of the Council shall be authenticated by the signature of the President or of some other member authorised generally or specially by the Council to act for that purpose.

(2) Any contract or instrument which, if made or executed by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the Council by any person generally or specially authorised to act for that purpose by the Council.

(3) Any document purporting to be a document duly executed under the seal of the Council shall be received in evidence and shall unless the contrary is proved, be deemed to be so executed.

9. The validity of any proceedings of the Councilor a committee thereof shall not be affected by any vacancy in the membership of the Councilor committee, or by any defect in the appointment of a member of the Councilor of a person to serve on the committee, or by reason that a person not entitled to do so took part in the proceedings.

10. Any member of the Council, and any person holding office on a committee of the Council, who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Councilor a committee thereof shall forthwith disclose his interest to the Council and shall not vote on any question relating to the contract or arrangement.

11. A person shall not, by reason only of his membership of the Council, be treated as holding an office of emolument under the Federal Republic of Nigeria or any State thereof.

_______________________

SECOND SCHEDULE

[Section 12 (5).]

SUPPLEMENTARY PROVISIONS RELATING TO THE DISCIPLINARY TRIBUNAL

AND INVESTIGATING PANEL

The Tribunal

1. The quorum of the Tribunal shall be four.

2. (1) The Chief Justice of Nigeria shall make rules as to the selection of members of the Tribunal for the purposes of any proceedings and as to the procedure to be followed and the rules of evidence to be observed in proceedings before the Tribunal.

(2) The rules shall in particular provide-

(a) for securing that notice of the proceedings shall be given, at such time and in such manner as may be specified by the rules, to the person who is the subject of the proceedings;

(b) for determining who, in addition to the person aforesaid, shall be a party to the proceedings;

(d) for enabling any party to the proceedings to be represented by a legal practitioner;

(e) subject to the provisions of section 13 (5) of this Act, as to the costs of proceedings before the Tribunal;

(f) for requiring, in a case where it is alleged that the person who is the subject of the proceedings is guilty of infamous conduct in any professional respect, that where the Tribunal adjudges that the allegation has not been proved, it shall record a finding that the person is not guilty of such conduct in respect of the matters to which the allegation relates;

(g) for publishing in the Federal Gazette notice of any direction of the Tribunal which has taken effect providing that a person’s name shall be struck off a register.

3. For the purposes of any proceedings before the Tribunal, any member of the Tribunal may administer oaths and any party to the proceedings may issue out of the registry of the High Court as the case may require, writs of subpoena ad testificandum and duces tecum; but no person appearing before the Tribunal shall be compelled-

(a) to make any statement before the Tribunal tending to incriminate himself; or

(b) to produce any document under such a writ which he could not be compelled to produce at the trial of an action.

4. (1) For the purpose of advising the Tribunal on questions of law arising in proceedings before it, there shall in all such proceedings be an assessor to the Tribunal who shall be appointed by the Council on the nomination of the Chief Justice of Nigeria and shall be a legal practitioner of not less than seven years’ standing.

(2) The Chief Justice of Nigeria shall make rules as to the functions of assessors appointed under this paragraph, and in particular such rules shall contain provisions for securing-

(a) that where an assessor advises the Tribunal on any question of law as to evidence, procedure or any other matter specified by the rules, he shall do so in the presence of every party or person representing a party to the proceedings who appears thereat or, if the advice is tendered while the Tribunal is deliberating in private, that every such party or person as aforesaid shall be informed as to what advice the assessor has tendered;

(b) that every such party or person as aforesaid shall be informed if in any case the Tribunal does not accept the advice of the assessor on such a question as aforesaid.

(3) An assessor may be appointed under this paragraph either generally or for any particular proceedings or class of proceedings, and shall hold and vacate office in accordance with the terms of the instrument by which he is appointed.

The Panel

5. The quorum of the Panel shall be three.

6. (1) The Panel may, at any meeting of the Panel attended by not less than six members of the Panel, make standing orders with respect to the Panel.

(2) Subject to the provisions of any such standing order, the Panel may regulate its own procedure.

Miscellaneous

7. (1) A person ceasing to be a member of the Tribunal or the Panel shall be eligible for reappointment as a member of that body.

(2) A person may, if otherwise eligible, be a member of both the Tribunal and the Panel, but no person who acted as member of the Panel with respect to any case shall act as a member of the Tribunal with respect to that case.

8. The Tribunal or the Panel may act notwithstanding any vacancy in its membership; and the proceedings of either body shall not be invalidated by any irregularity in the appointment of a member of that body, or (subject to sub-paragraph (2) of paragraph 7 above) by reason of the fact that any person who was not entitled to do so took part in the proceedings of that body.

9. The Tribunal and the Panel may each sit in two or more divisions.

10. Any document authorised or required by virtue of this Act to be served on the Tribunal or the Panel shall be served on the Registrar.

11. Any expenses of the Tribunal or Panel shall be defrayed by the Council.

12. A person shall not, by reason only of his appointment as a legal assessor to the Tribunal or as a member of the Panel, be treated as holding an office of emolument under the Federal Republic of Nigeria or any State thereof.

______________________

SUBSIDIARY LEGISLATION

_________________________

List of Subsidiary Legislation

1. Architects (Disciplinary Tribunal and Assessors) Rules.

2. Qualifications for Registration of Architects and Architectural Firms Regulations.

ARCHITECTS (DISCIPLINARY TRIBUNAL AND ASSESSORS) RULES

[L.N. 71 of 1972.]

under paragraphs 2 and 4 (2) of the Second Schedule

[Commencement.] [14th November, 1972]

Composition of the Tribunal

1. Composition of Tribunal

(1) Whenever any case of professional misconduct against an architect is referred to the Tribunal by the Panel, such a case shall be heard by a division of not more than five members, comprising fully registered architects appointed by the Architects Registration Council of Nigeria of whom at least two shall be elected members of the Council.

(2) The President of the Council shall be the Chairman of the Tribunal.

Proceedings before the Tribunal

2. Reference of case to Tribunal

In any case where in pursuance of section 12 (3) of the Act the Panel is of the opinion that a prima facie case is made against an architect, the Panel shall prepare a report of the case and formulate any appropriate charge and forward them to the Secretary together with all the documents considered by the Panel.

(2) The Secretary shall refer the report and charges to the President of the Council who shall convene a meeting of the Tribunal as set up in accordance with rule 1 above.

3. Parties and appearance

(1) Parties to proceedings before the Tribunal shall be-

(a) the Complainant;

(b) the Respondent;

(2) Any party to the proceedings may appear in person or may be represented by a legal practitioner, so however, that the Tribunal may, if of the opinion that it is necessary in the interest of justice, order a party to the proceedings to appear in person but without prejudice to his right to counsel.

4. Notice of hearing and service

(1) On the direction of the Chairman, the Secretary shall fix a day for the hearing of the case and forthwith thereafter shall, in the form in the Schedule to these rules, serve notice thereof on each party to the proceedings.

(2) The Secretary shall serve on each party, other than the Complainant, copies of the report and all the charges prepared by the Panel and all documents considered by the Panel.

(3) It shall be sufficient compliance with this rule if, any process required to be served is handed to the party concerned or affected personally or is sent by registered post to the last known place of residence or abode of the party.

5. Hearing in absence of parties

(1) Subject to paragraph (2) of this rule, the Tribunal may hear and determine a case in the absence of any party.

(2) Any party to the proceedings before a Tribunal who fails to appear or be represented, or who has previously appeared before that Tribunal but subsequently fails to appear or be represented may, apply within thirty days after the date when the pronouncement of the findings and directions of the Tribunal were given for a re-hearing on the ground of want of notice or other good and sufficient reason; and the Tribunal may, in appropriate cases, grant the application upon such terms as to costs or otherwise as it thinks fit.

6. Witnesses and evidence

The Tribunal may in the course of its proceedings, hear such witnesses and receive such documentary evidence as in its opinion may assist in arriving at a conclusion as to the truth or otherwise of the charges referred to it by the Panel; and in the application of this rule, the provisions of the Evidence Act shall apply to any such proceedings.

[Cap. E14.]

7. Amendment of charges

If in the course of the proceedings it appears to the Tribunal that the charges referred to it by the Panel require to be amended in any respect, the Tribunal may permit such amendment as it thinks fit.

8. Proceedings to be in public

The proceedings of the Tribunal shall be held, and its findings and directions shall be pronounced in public.

9. Adjournment of hearing

The Tribunal may, of its own motion, or upon application of any party, adjourn the hearing on such terms as to costs or otherwise as the Tribunal may think fit.

10. False evidence

If any person wilfully gives false evidence on oath before the Tribunal during the course of any proceedings, or wilfully makes a false statement in any affidavit sworn for the purpose of any such proceedings, the Tribunal may refer the matter to the Attorney-General of the Federation for any action he may deem fit.

11. Findings and costs

If after the hearing, the Tribunal adjudges that the charge of professional misconduct has not been proved, the Tribunal-

(a) shall record a finding that the Respondent is not guilty of such conduct in respect of the matters to which the charge relates;

(b) may nevertheless order any party (except the Complainant) to pay the costs of the proceedings if, having regard to his conduct and to all the circumstances of the case, the Tribunal thinks fit so to order.

12. Publication of Tribunal’s findings

Subject to section 13 (5) of the Act (which relates to appeals), any direction given by the Tribunal shall be published in the Federal Gazette as soon as may be after the direction takes effect.

13. Record of proceedings

(1) Shorthand notes of proceedings may be taken by a person appointed by the Tribunal and any party who appeared at the proceedings shall be entitled to inspect the transcript thereof.

(2) The Secretary shall supply to the person entitled to be heard upon an appeal against the direction of the Tribunal, and to the Architects Registration Council of Nigeria, but to no other person, a copy of the transcript of such notes on payment of such charges as may be determined by the Secretary.

(3) If no shorthand notes are taken, the Chairman shall take a note of the proceedings and, accordingly, the provisions of these rules as to inspection and taking of copies shall apply to such notes.

14. Dispensing with certain provisions

The Tribunal may dispense with any requirements of these rules respecting notices, affidavits, documents, service or time in any case where it appears to the Tribunal to be just to do so; and the Tribunal may in any appropriate case extend the time to do anything under these rules.

15. Power to retain exhibits pending appeal

The Tribunal may order that any documents or other exhibits produced or used at the hearing shall be retained by the Secretary until the time within which an appeal may be entered has expired, and if notice of appeal is given until the appeal is heard or otherwise disposed of.

16. Assessors

(1) An assessor, when nominated in accordance with paragraph 4 (1) of the Second Schedule to the Act, shall be appointed by the Council by instrument, and the assessor shall hold and vacate office as provided in the instrument; and where the appointment is not a general one, it shall have effect only in respect of a particular meeting of the Tribunal.

[Cap. A19. Second Schedule.]

Notice of hearing and service

(2) Subject to the terms of his appointment, an assessor shall attend any meeting of the Tribunal as and when requested to do so by notice in writing given to him by the Secretary, not later than three clear days before the date appointed for the meeting, and he shall thereat advise the Tribunal on questions of law arising in proceedings before it.

(3) Except where the Tribunal is deliberating in private, the advice of the assessor on questions of law as to evidence, procedure and as to compliance with the Act shall be tendered in the presence of every party or of his counsel.

(4) If the advice by the assessor to the Tribunal is given otherwise than in the presence of all parties, or as the case may be of their counsel, the assessor shall, as soon as may be thereafter, inform all the parties as to the nature of the advice given and the reaction thereto of the Tribunal.

17. Interpretation

In these rules, unless the context otherwise requires-

“Chairman” means the chairman of the Architects Disciplinary Tribunal;

“Complainant” means the Architects Investigating Panel or any member thereof;

“Respondent” means the person required to answer any charge of professional misconduct;

“Secretary” means a person appointed to act as the registrar under section 5 (1) of the Act.

18. Short title

These Rules may be cited as the Architects (Disciplinary Tribunal and Assessors) Rules.

______________________

SCHEDULE

[Rule 4 (1).]

Notice of Hearing by the Architects Disciplinary Tribunal

In the matter of the Architects (Registration, etc.) Act (Cap. A19)

AND

In the matter of A.B., an architect

TAKE NOTICE that the report and charges prepared by the Architects Investigating Panel in the

above matter are fixed for hearing by the Architects Disciplinary Tribunal at ……………………… on

the …………………………. day of ……………… 20 ………….

Copies of-

(a) the report;

(b) the charges; and

DATED at ……………….. this ……………….. day of …………………. 20 ……………………..

……………………………

Secretary to the Tribunal

_____________________

QUALIFICATIONS FOR REGISTRATION OF ARCHITECTS AND ARCHITECTURAL FIRMS REGULATIONS

under paragraph 2 (1); First Schedule

[Commencement.] [24th April, 1997]

PART I

Qualifications for the Registration of Architects

1. Recognised qualifications

The qualifications obtained from any of the institutions specified in this paragraph shall qualify an architect for registration by the Council, that is-

[S.1. 6 of 1997.]

(a) a degree or diploma awarded after a minimum of 5 years full-time course from any of Nigeria’s universities or colleges approved by the Council;

(b) any Commonwealth Association of Architects recognised schools;

(d) such other qualifications as may be approved, from time to time, by the Council.

2. Sources of training

The sources of training shall be-

(a) an approved professional training accepted by the Council;

(b) certificate of diploma in architecture, awarded by an approved professional institution;

(d) a minimum of two years’ post-qualification experience and the passing of the Professional Practice Competence Examination conducted by the Institute.

3. Character Certification

(1) Any person seeking to be registered as a member of the Council shall produce character certification duly signed by any of the following, that is-

(a) a professional;

(b) a member of the clergy; and

(2) The character certification shall specify any previous act of professional misconduct.

4. Reciprocity

(1) The Council, in registering any person as a member, shall require the following as proof of reciprocity-

(a) a copy of registration laws existing in the applicant’s home country;

(b) a letter from the appropriate registration body confirming that Nigerians are registrable in the case of a foreign applicant.

(2) The terms of reciprocity shall be agreed between the Council and corresponding authority in the applicant’s country.

(3) Citizenship of applicant shall be ascertained.

5. Procedure for registration

(1) The procedure for registration with the Council shall be-

(a) a return of application forms duly completed with attachment (if any) to the Registrar;

(b) photocopies of the following, that is-

(i) ordinary level certificate or its equivalent;

(ii) advance level certificate or its equivalent, (if any);

(iii) B.Sc. Arch., M.Sc. Arch. Certificate or their equivalents;

(iv) National Youth Service Corps Discharge Certificate;

(v) evidence of having passed the Institute’s Professional Practice Competence examinations;

(vi) evidence of full membership and registration by the Institute if application is for full registration;

(vii) evidence of having passed the Institute’s Final 11 examinations (where school attended is not accredited or recognised);

(viii) evidence of change of name (if applicable).

(2) The Council shall require the candidates possessing the minimum requirements of credits in G.C.E. “O” level or its equivalent to include Mathematics, Physics, English language and any other two subjects but preferably chosen from Fine Arts, Chemistry, Economics and Geography.

(3) Photocopies of certificates attached to an application shall be endorsed by a member of the Council as follows-

“original seen by me” signed, dated and the seal of the Council shall be affixed by a Council member.

(4) Statements of results shall not be acceptable.

(5) The Council reserves the right to contact an applicant’s school directly for verification of tenure of study and certificates obtained.

(6) Applicants who studied abroad shall attach copies of course transcripts to their certificates and a formal letter authorising the school of study to send transcripts to the Council.

(7) Sponsors and referees columns shall be properly filled.

(8) Current members of the Council are excluded from filling the sponsors column while sponsors or referees shall be required to state clearly-

(a) their names, addresses (not post office box) and affix the Council’s seal;

(b) quoting full registration number and year of registration before signing.

(9) Sponsors shall have had not less than five years’ post-registration experience with the Council.

(10) Two passport photographs of the applicant shall be endorsed and signed by one of the sponsors as follows-

“True appearance of Mr/Mrs/Miss ……………………..” date and signature.

(11) The applicant shall indicate his number in case he has been previously registered with the Council.

(12) The Council shall insist on a formal letter signed by the employer recommending the prospective applicant to the Council for registration.

(13) The Council shall insist on full membership registration with the Institute if application is for full registration.

(14) There shall be preliminary scrutiny of an application by the Registrar.

(15) There shall be a preliminary consideration of an application by the Registration Committee of the Council whose recommendations shall be submitted to Council for approval on each individual case.

(16) The Council’s decision shall be conveyed in writing to the applicant by the Registrar.

(17) Payment of the prescribed fee shall be a pre-condition for registration.

(18) There shall be an annual renewal of registration subject to-

(a) the payment of the prescribed fee to the Council; and

(b) the continued membership of the Institute.

6. Fees

(1) Fees for Registration shall be as follows, that is-

(a) Application Fee-

(i) Provisional Stage I ……………………… N700;

(ii) Provisional Stage II …………………… N700;

(iii) Full Membership……………………… N800,

(b) Registration Fee-

(i) Provisional Stage I …………………….. N200;

(ii) Provisional Stage II…………………… N500;

(iii) Full Membership …………………….. N1,000;

(i) Provisional Stage I …………………. N200;

(ii) Provisional Stage II ……………….. N500;

(iii) Full Membership …………………. N700;

(iv) Permitted Architects ………………. N700;

(d) Professional seal fee for professional metal seal for fully registered Architects ………………………………………………….. ………………N3,100.

(2) All fees shall be subject to review from time to time by the Council.

7. The register

The register shall consist of two parts as follows-

PART A

(a) fully registered persons who shall-

(i) be entitled to practise as principals;

(ii) be Nigerians who fulfil Regulations 1, 2, and 3 of these Regulations;

(iii) have passed the Institute’s Professional Practice Competence Examination taken at least two years after graduation and fully registered by the Institute;

(b) fully registered persons who shall-

(i) be entitled to practice as permitted architects;

(ii) be non-Nigerians who are entitled to practise as permitted architects, but have reciprocity with the Council;

PART B

Provisionally registered persons which shall include Nigerian architects who are yet to sit and pass the Institute’s Professional Practice Competence examination and are not fully registered by the Institute.

8. Information required

Registration particulars of individual architects shall include-

(a) Name: ………………………………………………………………………………………………………………………………………

(b) Address: business and residential and change of address: .….………………………………………………………….

……………………………………………………………………………………………………………………………………………….

(d) Nature of employment and name and address of employer: ………………………………………….………………… .…………………………………………………….…………………………………………………………………………………………………………

(e) Nationality: ………………………………………………………………………………………………………………………………………….

(f) Sex: ……………………………………………………………………………………………………………………………………………………..

(g) File reference number: …………………………………………………………….. ……………………………………………………….

(h) Remarks: …………………………………………………………………………………………………………………………………………….

(i) Duration of Registration: …………………………………………………………………………………………………………………….

9. Responsibility of architects

(1) A person registered by the Council shall-

(a) qualify to be called an “architect”;

(b) be addressed as an “architect” (Arc.); and

(2) Only architects registered fully, or placed on the permitted list, shall¬

(a) practise as principals and be issued with the Council’s seal for their drawings;

(b) design and hold professional responsibility for the execution of building projects of any magnitude or complexity.

(3) Architects working for the Federal, a State or Local Government or any public institution shall have the same level of responsibility as specified in paragraph (2) of this regulation.

(4) Provisionally registered Architects shall not take responsibility for any building above two floors in height, until they have passed the Institute’s Professional Practice Competence examination and have been fully registered.

PART II

Qualification for the Registration of Architectural Firms

10. Architectural Firms liable for registration

(1) The following categories of firms shall be registrable with the Council-

(a) CATEGORY A:

Architectural firms incorporated under the Companies and Allied Matters Act, as amended-

(i) business names; or

(ii) bodies corporate with limited or unlimited liability having all the proprietors, subscribers, share-holders and directors as fully registered architects with Nigerian citizenship;

(b) CATEGORY B:

Architectural firms incorporated under the Companies and Allied Matters Act, as amended, limited liability companies in which all the directors and shareholders are professional architects may be registered only if they possess the following, that is-

[Cap. C20.]

(i) the fully registered Nigerian architects hold 60 per cent of the shares jointly or severally in the body corporate;

(ii) the Nigerian directors show indisputable evidence of operational and financial control of the firm commensurate with their rate of share holding;

(iii) the Nigerian directors are signatories (joint or otherwise) to all the bank accounts, annual auditors’ reports and important drawings and documents of the firm;

(iv) the Council reserves the right to call for documentary evidence as proof of compliance with the provisions of sub-paragraphs (i), (ii) and (iii) of this paragraph;

Multi-disciplinary consultancy firms registered under the Companies and Allied Matters Act, as amended as limited liability companies strictly for services offered to the building industry only if they possess the following, that is-

[Cap. C20.]

(i) the fully registered Nigerian architects hold 60 per cent of the shares jointly or severally in the body corporate;

(ii) the Nigerian directors show indisputable evidence of operational and financial control of the firm commensurate with their rate of share holding;

(iii) the Nigerian directors are signatories (joint and otherwise) to all the bank accounts, annual auditors reports and important drawings and documents of the firm;

(vi) the other non-architect directors are fully registered professionals in allied fields in the building industry or as shareholders (holding not more than 10 per cent in the firm’s shares) are allowed in the area of administration and finance.

11. Procedure for registration

(1) The applicant firm shall return the application form duly completed with attachments, to the Registrar and attach photocopies of the following, that is-

(a) in the case of a body corporate with limited liability-

(i) certificate of incorporation;

(ii) Form C.07 and the Memorandum and Article of Association;

(b) in the case of a business name-

(i) certificate of registration;

(ii) Form C.02.

(2) Sponsors columns shall be properly filled with the sponsors clearly stating the following-

(a) names, addresses (not post office box);

(b) affix the Council’s seal;

(3) The sponsors shall-

(a) be three fully registered architects with the Council and Institute who are not members of the firm and live either within the State or neighbouring State where the firm’s head office is located;

(b) attest to the professional standing of the firm; and

(4) Two of the sponsors shall be from any of the following groups, that is-

(a) serving members of the Council;

(b) serving members of the Institute.

(5) The attestation by sponsors for a new firm shall refer to the professional standing of the principal(s).

(6) All photocopies of documents attached to the application shall be endorsed as “original seen by me”, signed, sealed and dated by a member of the Council.

(7) Two passport photographs each of the partners, associates, or directors shall be endorsed and signed by one of the sponsors as follows-

“True appearance of Mr/Mrs/Miss ………………………” date and signature.

(8) The Council shall require that on the return of a completed application form, it shall be accompanied by a formal letter signed by the partners.

(9) The Council reserves the right to request for a confidential report on the firm and the minutes of meeting where the firm was recommended for consideration for registration to the Council from the State Chapter of the Institute where the firm’s Head Office is located.

(10) The Council also reserves the right to contact the Corporate Affairs Commission directly for verification of any information contained in the photocopy of documents attached to the application forms.

(11) There shall be a preliminary scrutiny of the application to be conducted by the Registrar.

(12) Preliminary considerations of application by the Registration Committee whose recommendations shall be submitted to the Council for approval, on each individual case.

(13) The Council’s decision shall be conveyed in writing to the applicant by the Registrar.

(14) Registration shall be on the payment of such fees as may be prescribed by the Council from time to time.

(15) There shall be an annual renewal of the registration subject to-

(a) the payment of the prescribed fee as follows-

(i) Application fee ………………………………… N800;

(ii) Registration fee ……………………………….N5,000;

(iii) Certificate of Registration ……………… N2,000;

(iv) Annual renewal fee …………………………… N3,000;

(b) the continual membership of the Institute by the fully registered Nigerian architect.

12. Interpretation

In these Regulations, unless the context otherwise requires-

“Council” means the Architects Registration Council;

“Institute” means the Nigerian Institute of Architects.

13. Amendment of regulations

These Regulations may be amended, from time to time, with the approval of the Minister.

14. Citation

These Regulations may be cited as the Qualifications for Registration of Architects and Architectural Firms Regulations.

Credit: Policy and Legal Advocacy Centre (PLAC)

Arbitration and Conciliation Act 1988 (NG)

Arbitration and Conciliation Act

An Act to provide a unified legal framework for the fair and efficient settlement of commercial disputes by arbitration and conciliation; and to make applicable the Convention on the Recognition and Enforcement of Arbitral Awards (New York Convention) to any award made in Nigeria or in any contracting State arising out of international commercial arbitration.

[Commencement.] [14th March, 1988]

PART I

Arbitration

Arbitration agreement

1. Form of arbitration agreement

(1) Every arbitration agreement shall be in writing contained-

(a) in a document signed by the parties; or

(b) in an exchange of letters, telex, telegrams or other means of communication which provide a record of the arbitration agreement; or

(c) in an exchange of points of claim and of defence in which the existence of an arbitration agreement is alleged by one party and not denied by another.

(2) Any reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement if such contract is in writing and the reference is such as to make that clause part of the contract.

2. Arbitration agreement irrevocable except by agreement or leave of court

Unless a contrary intention is expressed therein, an arbitration agreement shall be irrevocable except by agreement of the parties or by leave of the court or a judge.

3. Death of party

An arbitration agreement shall not be invalid by reason of the death of any party thereto but shall, in such an event, be enforceable by or against the personal representative of the deceased.

4. Arbitration agreement and substantive claim before court

(1) A court before which an action, which is the subject of an arbitration agreement is brought shall, if any party so requests not later than when submitting his first statement on the substance of the dispute, order a stay of proceedings and refer the parties to arbitration.

(2) Where an action referred to in subsection (1) of this section has been brought before a court, arbitral proceedings may nevertheless be commenced or continued, and an award may be made by the arbitral tribunal while the matter is pending before the court.

5. Power to stay proceedings

(1) If any party to an arbitration agreement commences any action in any court with respect to any matter which is the subject of an arbitration agreement, any party to the arbitration agreement may, at any time after appearance and before delivering any pleadings or taking any other steps in the proceedings, apply to the court to stay the proceedings.

(2) A court to which an application is made under subsection (1) of his section may, if it is satisfied-

Arbitration and Conciliation Act

(a) that there is no sufficient reason why the matter should not be referred to arbitration in accordance with the arbitration agreement; and

(b) that the applicant was at the time when the action was commenced and still remains ready and willing to do all things necessary to the proper conduct of the arbitration,

make an order staying the proceedings.

Composition of Arbitral Tribunal

6. Number of arbitrators

The parties to an arbitration agreement may determine the number of arbitrators to be appointed under the agreement, but where no such determination is made, the number of arbitrators shall be deemed to be three.

7. Appointment of arbitrators

(1) Subject to subsections (3) and (4) of this section, the parties may specify in the arbitration agreement the procedure to be followed in appointing an arbitrator.

(2) Where no procedure is specified under subsection (1) of this section-

(a) in the case of an arbitration with three arbitrators, each party shall appoint one arbitrator and the two thus appointed shall appoint the third, so however, that-

(i) if a party fails to appoint the arbitrator within thirty days of receipt of a request to do so by the other party; or

(ii) if the two arbitrators fail to agree on the third arbitrator within thirty days of their appointments,

the appointment shall be made by the Court on the application of any party to the arbitration agreement;

(b) in the case of an arbitration with one arbitrator, where the parties fail to agree on the arbitrator, the appointment shall be made by the Court on the application of any party to the arbitration agreement made within thirty days of such disagreement.

(3) Where, under an appointment procedure agreed upon by the parties-

(a) a party fails to act as required under the procedure; or

(b) the parties or two arbitrators are unable to reach agreement as required under the procedure; or

(c) a third party, including an institution, fails to perform any duty imposed on it under the procedure,

any party may request the Court to take the necessary measure, unless the appointment procedure agreed upon by the parties provides other means for securing the appointment.

(4) A decision of the Court under subsections (2) and (3) of this section shall not be subject to appeal.

(5) The Court in exercising its power of appointment under subsections (2) and (3) of this section shall have due regard to any qualifications required of the arbitrator by the arbitration agreement and such other consideration as are likely to secure the appointment of an independent and impartial arbitrator.

8. Grounds for challenge

(1) Any person who knows of any circumstances likely to give rise to any justifiable doubts as to his impartiality or independence shall, when approached in connection with an appointment as arbitrator, forthwith disclose such circumstances to the parties.

(2) The duty to disclose imposed under subsection (1) of this section shall, continue after a person has been appointed as an arbitrator and subsist throughout the arbitral proceedings, unless the arbitrator had previously disclosed the circumstances to the parties.

(3) An arbitrator may be challenged-

(a) if circumstances exist that give rise to justifiable doubts as to his impartiality or independence; or

(b) if he does not possess the qualifications agreed by the parties.

9. Challenge procedure

(1) The parties may determine the procedure to be followed in challenging an arbitrator.

(2) Where no procedure is determined under subsection (1) of this section, a party who intends to challenge an arbitrator shall, within fifteen days of becoming aware of the constitution of the arbitral tribunal or becoming aware of any circumstances referred to in section 8 of this Act, send to the arbitral tribunal a written statement of the reasons for the challenge.

(3) Unless the arbitrator who has been challenged withdraws from office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge.

10. Termination of mandate due to failure or impossibility to act

(1) The mandate of an arbitrator shall terminate if-

(a) he withdraws from office; or

(b) the parties agree to terminate his appointment by reason of his inability to perform his functions; or

(c) for any other reason he fails to act without undue delay.

(2) The fact that-

(a) an arbitrator withdraws from office under subsection (1) of this section or under section 9 (3) of this Act; or

(b) a party agrees to the termination of the mandate of an arbitrator,

shall not be construed as implying the existence of any ground or circumstances referred to in subsection (1) of this section or section 8 (1) of this Act.

Arbitration and Conciliation Act

11. Appointment of substitute arbitrator

Where the mandate of an arbitrator terminates-

(a) under section 9 or 10 of this Act; or

(b) because of his withdrawal from office for any reason whatsoever; or

(c) because of the revocation of his mandate by agreement of the parties; or

(d) because of any other reason whatsoever,

a substitute arbitrator shall be appointed in accordance with the same rules and procedure that applied to the appointment of the arbitrator who is being replaced.

Jurisdiction of Arbitral Tribunal

12. Competence of arbitral tribunal to rule on its jurisdiction

(1) An arbitral tribunal shall be competent to rule on questions pertaining to its own jurisdiction and on any objections with respect to the existence or validity of an arbitration agreement.

(2) For the purposes of subsection (1) of this section, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract and a decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the validity of the arbitration clause.

(3) In any arbitral proceedings, a plea that the arbitral tribunal-

(a) does not have jurisdiction may be raised not later than the time of submission of the points of defence and a party is not precluded from raising such plea by reason that he has appointed or participated in the appointment of an arbitrator;

(b) is exceeding the scope of its authority may, be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the proceedings,

and the arbitral tribunal may, in either case admit a later plea if it considers that the delay was justified.

(4) The arbitral tribunal may, rule on any plea referred to it under subsection (3) of this section, either as a preliminary question or in an award on the merits; and such ruling shall be final and binding.

13. Power of arbitral tribunal to order interim measure of protection

Unless otherwise agreed by the parties, the arbitral tribunal may before or during an arbitral proceedings –

(a) at the request of a party, order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject matter of the dispute; and

(b) require any party to provide appropriate security in connection with any measure taken under paragraph (a) of this section.

Conduct of Arbitral Proceedings

14. Equal treatment of parties

In any arbitral proceedings, the arbitral tribunal shall ensure that the parties are accorded equal treatment and that each party is given full opportunity of presenting his case.

15. Arbitral proceedings

(1) The arbitral proceedings shall be in accordance with the procedure contained in the Arbitration Rules set out in the First Schedule to this Act.

[First Schedule.]

(2) Where the rules referred to in subsection (1) of this section, contain no provision in respect of any matter related to or connected with a particular arbitral proceedings, the arbitral tribunal may, subject to this Act, conduct the arbitral proceedings in such a manner as it considers appropriate so as to ensure a fair hearing.

(3) The power conferred on the arbitral tribunal under subsection (2) of this section shall, include the power to determine the admissibility, relevance, materiality and weight of any evidence placed before it.

16. Place of arbitration

(1) Unless otherwise agreed by the parties, the place of the arbitral proceedings shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties.

(2) Notwithstanding the provisions of subsection (1) of this section and unless otherwise agreed by the parties, the arbitral tribunal may meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for the inspection or documents, goods or other property.

17. Commencement of arbitral proceedings

Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute shall commence on the date the request to refer the dispute to arbitration is received by the other party.

18. Language to be used in arbitral proceedings

(1) The parties may by agreement determine the language or languages to be used in the arbitral proceedings, but where they do not do so, the arbitral tribunal shall determine the language or languages to be used, bearing in mind the relevant circumstances of the case.

(2) Any language or languages agreed upon by the parties or determined by the arbitral tribunal under subsection (1) of this section, shall, unless a contrary intention is expressed by the parties or the arbitral tribunal, be the language or languages to be used in any written statements by the parties, in any hearing, award, decision or any other communication in the course of the arbitration.

(3) The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal under subsection (1) of this section.

19. Points of claim and defence

(1) The claimant shall, within the period agreed upon by the parties or determined by the arbitral tribunal, state the facts supporting his points of claim, the points at issue and the relief or remedy sought by him, and the respondent shall state his points of defence in respect of those particulars, unless the parties have otherwise agreed on the required elements of the points of claim and of defence.

(2) The parties may submit with their statements under subsection (1) of this section, all the documents they consider to be relevant or they may add a reference to the documents, or other evidence they hope to submit at the arbitral proceedings.

(3) Unless otherwise agreed by the parties, a party may amend or supplement his claim or defence during the course of the arbitral proceedings, if the arbitral tribunal considers it appropriate to allow such amendment or supplement, having regard to the time that has elapsed before the making of the amendment or supplement.

20. Hearing and written proceedings

(1) Subject to any contrary agreement by the parties, the arbitral tribunal shall decide whether the arbitral proceedings shall be conducted-

(a) by holding oral hearings for the presentation of evidence or oral arguments; or

(b) on the basis of documents or other materials; or

(c) by both holding oral hearings and on the basis of documents or other materials as provided in paragraphs (a)

and (b) of this subsection,

and unless the parties have agreed that no hearing shall be held, the arbitral tribunal shall hold such hearings at an appropriate stage of the proceedings if requested so to do by any of the parties.

(2) The arbitral tribunal shall give to the parties sufficient advance notice of any hearing and of any meeting of the arbitral tribunal, held for the purposes of inspection of documents, goods, or other property.

(3) Every statement, document or other information supplied to the arbitral tribunal shall be communicated to the other party by the party supplying the statement, document or other information, and every such statement, document or other information supplied by the arbitral tribunal to one party shall be supplied to the other party.

(4) Any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision shall be communicated to the parties.

(5) The arbitral tribunal shall, unless otherwise agreed by the parties, have power to administer oaths to or take the affirmations of the parties and witnesses appearing.

(6) Any party to an arbitral proceeding may, issue out a writ of subpoena ad testificandum or subpoena duces tecum, but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action.

21. Default of a party

Unless otherwise agreed by the parties, if, without showing sufficient cause-

(a) the claimant fails to state his claim as required under section 19 (1) of this Act, the arbitral tribunal shall terminate the proceedings; or

(b) the respondent fails to state his defence as required under section 19 (1) of this Act, the arbitral tribunal shall continue the proceedings without treating such failure in itself as an admission of the claimant’s allegations; or

(c) any party fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make an award.

22. Power of arbitral tribunal to appoint expert

(1) Unless otherwise agreed by the parties, the arbitral tribunal may-

(a) appoint one or more experts to report to it on a specific issue to be determined by the arbitral tribunal;

(b) require a party to give to the expert any relevant information or to produce or provide access to any documents, goods or other property for inspection.

(2) Unless otherwise agreed by the parties, if a party so requests or if the arbitral tribunal considers it necessary, any expert appointed under subsection (1) of this section shall, after delivering his written or oral report, participate in a hearing where the parties shall have the opportunity of putting questions to him and presenting expert witnesses to testify on their behalf on the points at issue.

(3) The arbitral tribunal shall not decide ex aequo et bono or as amiable compositeur, unless the parties have expressly authorised it to do so.

(4) The arbitral tribunal shall decide in accordance with the terms of the contract and shall take account or the usages or the trade applicable to the transaction.

23. Power of court to order attendance of witness

(1) The Court or a judge may order that a writ of subpoena ad testificandum or of subpoena duces tecum, shall issue to compel the attendance before any arbitral tribunal or a witness wherever he may be within Nigeria.

(2) The Court or a judge may also order that a writ of habeas corpus ad testificandum shall, issue to bring up a prisoner for examination before any arbitral tribunal.

(3) The provisions of any written law relating to the service or execution outside a State of the Federation of any such subpoena or order for the production of a prisoner, issued or made in civil proceedings by the High Court shall, apply in relation to a subpoena or order issued or made under this section.

Making of Award and Termination of Proceedings

24. Decision making by arbitral tribunal

(1) In an arbitral tribunal comprising more than one arbitrator, any decision of the tribunal shall, unless otherwise agreed by the parties, be made by a majority of all its members.

Arbitration and Conciliation Act

(2) In any arbitral tribunal, the presiding arbitrator may, if so authorised by the parties or all the members of the arbitral tribunal, decide questions relating to the procedure to be followed at the arbitral proceedings.

25. Settlement

(1) If, during the arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the arbitral proceedings, and shall, if requested by the parties and not objected to by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed terms.

(2) An award on agreed terms recorded under subsection (1) of this section shall-

(a) be in accordance with the provisions of section 26 of this Act and state that it is such an award; and

(b) have the same status and effect as any other award on the merits of the case.

26. Form and contents of award

(1) Any award made by the arbitral tribunal shall be in writing and signed by the arbitrators.

(2) Where the arbitral tribunal comprises of more than one arbitrator, the signatures of a majority of all the members of the arbitral tribunal shall suffice, if the reason for the absence of any signature is stated.

(3) The arbitral tribunal shall state on the award-

(a) the reasons upon which it is based, unless the parties have agreed that no reasons are to be given or the award is an award on agreed terms under section 25 of this Act;

(b) the date it was made; and

(c) the place of the arbitration as agreed or determined under section 16 (1) of this Act, which place shall be deemed to be the place where the award was made.

(4) A copy of the award, made and signed by the arbitrators in accordance with subsections (1) and (2) of this section, shall be delivered to each party.

27. Termination of proceedings

(1) The arbitral proceedings shall terminate, when the final award is made or when an order of the arbitral tribunal is issued under subsection (2) of this section.

(2) The arbitral tribunal shall, issue an order for the termination of the arbitral proceedings when-

(a) the claimant withdraws his claim, unless the respondent objects thereto and the arbitral tribunal recognises a legitimate interest on his part in obtaining a final settlement of the dispute; or

(b) the parties agree on the termination of the arbitral proceedings; or

(c) the arbitral tribunal finds that continuation of the arbitral proceedings has for any other reason become unnecessary or impossible.

(3) Subject to the provisions of sections 28 and 29 (2) of this Act, the mandate of the arbitral tribunal shall cease on termination of the arbitral proceedings.

28. Correction and interpretation of award and additional award

(1) Unless another period has been agreed upon by the parties, a party may, within thirty days of the receipt of an award and with notice to the other party, request the arbitral tribunal-

(a) to correct in the award any errors in computation, any clerical or typographical errors or any errors of a similar nature;

(b) to give an interpretation of a specific point or part of the award.

(2) If the arbitral tribunal considers any request made under subsection (1) of this section to be justified, it shall, within thirty days of receipt of the request, make the correction or give the interpretation, and such correction or interpretation shall form part of the award.

(3) The arbitral tribunal may, on its own volition and within thirty days from the date of the award, correct any error of the type referred to in subsection (1) (a) of this section.

(4) Unless otherwise agreed by the parties, a party may within thirty days of receipt of the award, request the arbitral tribunal to make an additional award as to the claims presented in the arbitral proceedings but omitted from the award.

(5) If the arbitral tribunal considers any request made under subsection (4) of this section to be justified, it shall, within sixty days of the receipt of the request, make the additional award.

(6) The arbitral tribunal may, if it considers it necessary, extend the time limit within which it shall make a correction, give an interpretation or make an additional award under subsection (2) or (5) of this section.

(7) The provisions of section 26 of this Act, which relate to the form and contents of an award, shall apply to any correction or interpretation or to an additional award made under this section.

Recourse against Award

29. Application for setting aside an arbitral award

(1) A party who is aggrieved by an arbitral award may within three months-

(a) from the date of the award; or

(b) in a case falling within section 28 of this Act, from the date the request for additional award is disposed of by the arbitral tribunal,

by way of an application for setting aside, request the Court to set aside the award in accordance with subsection (2) of this section.

(2) The Court may set aside an arbitral award, if the party making the application furnishes proof that the award contains decisions on matters which are beyond the scope of the submission to arbitration, so however that, if the decisions on matters submitted to arbitration can be separated from those not submitted, only that part of the award which contains decisions on matters not submitted may be set aside.

(3) The Court before which an application is brought under subsection (1) of this section may, at the request of a party where appropriate, suspend proceedings for such period as it may determine, to afford the arbitral tribunal an opportunity to resume the arbitral proceedings or take such other action to eliminate the grounds for setting aside of
the award.

30. Setting aside of award in case of misconduct by arbitrator, etc.

(1) Where an arbitrator has misconducted himself, or where the arbitral proceedings, or award, has been improperly procured, the Court may on the application of a party set aside the award.

(2) An arbitrator who has misconducted himself may, on the application of any party
be removed by the Court.

Recognition and Enforcement of A wards

31. Recognition and enforcement of awards

(1) An arbitral award shall be recognised as binding, and subject to this section and section 32 of this Act, shall, upon application in writing to the Court, be enforced by the Court.

(2) The party relying on an award or applying for its enforcement shall supply –
(a) the duly authenticated original award or a duly certified copy thereof; and
(b) the original arbitration agreement or a duly certified copy thereof.

(3) An award may, by leave of the Court or a judge, be enforced in the same manner as a judgment or order to the same effect.

32. Refusal of recognition or enforcement of award

Any of the parties to an arbitration agreement may, request the Court to refuse recognition or enforcement of the award.

General

33. Waiver of right to object

A party who knows-

(a) that any provision of this Act from which the parties may not derogate; or

(b) that any requirement under the arbitration agreement,

has not been complied with and yet proceeds with the arbitration without stating his objection to such non-compliance within the time limit provided therefore shall, be deemed to have waived his right to object to the non-compliance.

34. Extent of court intervention

A court shall not intervene in any matter governed by this Act, except, where so provided in this Act.

35. Extent of application of this Act to arbitration

This Act shall not affect any other law by virtue of which certain disputes-

(a) may not be submitted to arbitration; or

(b) may be submitted to arbitration only in accordance with the provisions of that or another law.

36. Extension of time

Notwithstanding the provisions of this Act, the arbitral tribunal may, if it considers it necessary, extend the time specified for the performance of any act under this Act.

PART II

Conciliation

37. Right to settle dispute by conciliation

Notwithstanding the other provisions of this Act, the parties to any agreement may, seek amicable settlement of any dispute in relation to the agreement by, conciliation under the provisions of this Part of this Act.

38. Request to conciliate

(1) A party who wishes to initiate conciliation shall, send to the other party a written request to conciliation under the provisions of this Part of this Act.

(2) Any request sent under subsection (1) of this section shall, contain a brief statement setting out the subject of the dispute.

39. Commencement of conciliation proceedings

The conciliation proceedings shall, commence on the date the request to conciliate is accepted by the other party.

40. Appointment of conciliators

Where the request to conciliate under section 38 of this Act has been accepted, the parties shall refer the dispute to a conciliation body, consisting of one or three conciliators to be appointed-

(a) in the case of one conciliator, jointly by the parties;

(b) in the case of three conciliators-

(i) one conciliator by each party; and

(ii) the third conciliator jointly by the parties.

41. Action by the conciliation body

(1) The conciliation body shall, acquaint itself with the details of the case and procure such other information it may require for the purpose of settling the dispute.

(2) The parties may, appear in person before the conciliation body and may have legal representation.

42. Terms of settlement

(1) After the conciliation body has examined the case and heard the parties, if necessary, it shall submit its terms of settlement to the parties.

(2) If the parties agree to the terms of settlement submitted under subsection (1) of this section, the conciliation body shall draw up and sign a record of settlement.

(3) If the parties do not agree to the terms of settlement submitted under subsection (1) of this section, they may-

(a) submit the dispute to arbitration in accordance with any agreement between them; or

(b) take any action in court as they may deem fit.

(4) Nothing done in connection with the conciliation proceedings shall, affect the legal rights of the parties in any submission to arbitration or any action taken under sub-section (3) of this section.

PART III

Additional Provisions relating to International Commercial Arbitration and Conciliation

43. Application of this Part of this Act

The provision of this Part of this Act shall, apply solely to cases relating to international commercial arbitration and conciliation, in addition to the other provisions of this Act.

44. Appointment of sole arbitrator, etc.

(1) If a sole arbitrator is to be appointed, either party may propose to the other the names of one or more persons, one of whom would serve as the sole arbitrator.

(2) If within thirty days after receipt by a party of a proposal made in accordance with subsection (1) of this section, the parties have not reached agreement on the choice of a sole arbitrator, the sole arbitrator shall be appointed by the appointing authority.

(3) The appointing authority shall, at the request of one of the parties, appoint the sole arbitrator as promptly as possible; and in making the appointment, the appointing authority shall use the following list-procedure, unless both parties agree that the list-procedure should not be used or unless the appointing authority determines in its discretion that the use of the list-procedure is not appropriate for the case, that is-

(a) at the request of one of the parties, the appointing authority shall communicate to both parties an identical list containing at least three names;

(b) within fifteen days after the receipt of the said list, each party may return the list to the appointing authority, after having deleted the name or names to which he objects and numbered the remaining names on the list in the order of his preference;

(c) after the expiration of the above period of time, the appointing authority shall appoint the sole arbitrator from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the parties.

(4) In making the appointment, the appointing authority shall have regard to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and shall take into account as well, the advisability of appointing an arbitrator of a nationality other than the nationalities of the parties.

(5) If three arbitrators are to be appointed, each party shall appoint one arbitrator; and the two arbitrators thus appointed shall choose the third arbitrator who shall act as the presiding arbitrator of the arbitral tribunal.

(6) If within thirty days after the receipt of a party’s notification of the appointment of an arbitrator, the other party has not notified the first party of the arbitrator he has appointed, the first party may request the appointing authority previously designated by the parties to appoint the second arbitrator.

(7) If within thirty days after the appointment of the second arbitrator, the two arbitrators have not agreed on the choice of the presiding arbitrator, the presiding arbitrator shall be appointed by the appointing authority, in the same way as a sole arbitrator would be appointed under subsections (1) to (4) of this section.

(8) When the appointing authority is requested to appoint an arbitrator pursuant to the provisions of this section, the party which makes the request shall, send to the appointing authority a copy of the notice of arbitration, a copy of the contract out of or in relation to which the dispute has arisen and a copy of the arbitration agreement if it is not contained in the contract, and the appointing authority may require from either party such information as it deems necessary to fulfil its functions under this Act.

(9) Where the names of one or more persons are proposed for appointment as arbitrators, their full names, addresses and nationalities shall be indicated, together with a description of their qualifications.

(10) Except as otherwise agreed by the parties, no person shall be disqualified from being appointed as an arbitrator by reason of his nationality.

45. Challenge of arbitrators

(1) A prospective arbitrator shall disclose to those who approach him in connection with his possible appointment, any circumstance likely to give rise to justifiable doubts as to his impartiality or independence.

(2) An arbitrator, once appointed or chosen, shall disclose such circumstances as referred to in subsection (1) of this section to the parties, unless they have already been informed by him of those circumstances.

(3) Any arbitrator may be challenged, if circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence.

(4) A party may challenge the arbitrator appointed by him, only for reasons of which he becomes aware after the appointment has been made.

(5) A party who intends to challenge an arbitrator shall, send notice of his challenge within fifteen days after the appointment of the challenged arbitrator has been notified to the challenging party or within fifteen days after the circumstances mentioned in subsections (1) to (4) of this section became known to that party.

(6) The challenge shall be notified to the other party, to the arbitrator who is challenged and to the other members of the arbitral tribunal and the notification shall be in writing and shall state the reason for the challenge.

(7) When an arbitrator has been challenged by one party, the other party may agree to the challenge and the challenged arbitrator may also, after the challenge, withdraw from his office; but the fact that the other party agrees to the challenge or that the arbitrator withdraws does not imply acceptance of the validity of the grounds for the challenge.

(8) Where the other party agrees to the challenge or the challenged arbitrator withdraws, the procedure provided in section 44 of this Act shall, be used in full for the appointment of the substitute arbitrator, even if during the process of appointing the challenged arbitrator, a party had failed to exercise his right to appoint or to participate in the appointment.

(9) If the other party does not agree to the challenge and the challenged arbitrator does not withdraw, the decision on the challenge shall be made-

(a) when the initial appointment was made by an appointing authority, by that authority;

(b) when the initial appointment was not made by an appointing authority, but an appointing authority has been previously designated, by that authority;

(c) in all other cases, by the appointing authority to be designated in accordance with the procedure for designating an appointing authority as provided for in section 44 of this Act.

(10) If the appointing authority sustains the challenge, a substitute arbitrator shall be appointed or chosen pursuant to the procedure applicable to the appointment or choice of an arbitrator as provided in section 44 of this Act and in this section, except that, when this procedure would call for the designation of an appointing authority, the appointment of the arbitrator shall be made by the appointing authority which decided on the challenge.

46. Replacement of arbitrators

(1) Where an arbitrator dies or resigns during the course of the arbitral proceedings, a substitute arbitrator shall be appointed or chosen pursuant to the procedure provided for in sections 44 and 45 of this Act that was applicable to the appointment or choice of the arbitrator being replaced.

(2) Where an arbitrator fails to act or in the event of the de jure or de facto impossibility of his performing his functions, the procedure in respect of the challenge and replacement of an arbitrator as provided in sections 44 and 45 of this Act shall apply.

Making of Awards and Termination of Proceedings

47. Rules applicable to substance of dispute

(1) The arbitral tribunal shall decide the dispute in accordance with the rules in force in the country whose laws the parties have chosen as applicable to the substance of the dispute.

(2) Any designation of the law or legal system of a country shall, unless otherwise expressed, be construed as directly referring to the substantive law of that country and not to its conflict of laws rules.

(3) Where the law of the country to be applied is not determined by the parties, the arbitral tribunals shall apply the law determined by the conflict of laws rules which it considers applicable.

(4) The arbitral tribunal shall not decide ex aequo et bono or as amiable compositeur, unless the parties have expressly authorised it to do so.

(5) In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take account of the usages of the trade applicable to the transaction.

(6) If the arbitration law of the country where the award is made requires that the award be filed or registered by the arbitral tribunal, the arbitral tribunal shall comply with this requirement within the period of time required by law.

48. Setting aside of arbitral award

The Court may set aside an arbitral award-

(a) if the party making the application furnishes proof-

(i) that a party to the arbitration agreement was under some incapacity;

(ii) that the arbitration agreement is not valid under the law which the parties have indicated should be applied, or failing such indication, that the arbitration agreement is not valid under the laws of Nigeria;

(iii) that he was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise not able to present his case;

(iv) that the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration; or

(v) that the award contains decisions on matters which are beyond the scope of the submission to arbitration, so however that if the decisions on matters submitted to arbitration can be separated from those not submitted, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or

(vi) that the composition of the arbitral tribunal, or the arbitral procedure, was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Act from which the parties cannot derogate; or

(vii) where there is no agreement between the parties under subparagraph (vi) of this paragraph, that the composition of the arbitral tribunal or the arbitral procedure was not in accordance with this Act; or

(b) if the Court finds-

(i) that the subject matter of the dispute is not capable of settlement by arbitration under the laws of Nigeria; or

(ii) that the award is against public policy of Nigeria.

49. Costs

(l) The arbitral tribunal shall fix costs of arbitration in its award and the term “costs” includes only-

(a) the fees of the arbitral tribunal to be stated separately as to each arbitrator and to be fixed by the tribunal itself;

(b) the travel and other expenses incurred by the arbitrators;

(c) the cost of expert advice and of other assistance required by the arbitral tribunal;

(d) the travel and other expenses of witnesses to the extent that such expenses are approved by the arbitral tribunal;

(e) the costs for legal representation and assistance of the successful party if such costs were claimed during the arbitral proceedings, and only to the extent that the arbitral tribunal determines that the amount of such costs is reasonable.

(2) The fees of the arbitral tribunal shall be reasonable in amount, taking into account the amount in dispute, the complexity of the subject-matter, the time spent by the arbitrators and any other relevant circumstances of the case.

(3) If an appointing authority has been agreed upon by the parties or designated by the Secretary-General of the Permanent Court of Arbitration at The Hague, and if that authority has issued a schedule of fees for arbitrators in international cases which it administers, the arbitral tribunal in fixing its fees shall take that schedule of fees into ac-
count to the extent that, it considers appropriate in the circumstances of the case.

(4) If such appointing authority has not issued a schedule of fees for arbitrators in international cases, any party may, at any time request the appointing authority to furnish a statement setting forth the basis for establishing fees, which is customarily followed in international cases in which the authority appoints arbitrators; and if the appointing authority consents to provide such a statement, the arbitral tribunal in fixing its fees shall,
take such information into account, to the extent that it considers appropriate in the circumstances of the case.

(5) In cases referred to in subsections (3) and (4) of this section, when a party so requests that the appointing authority consents to perform the function, the arbitral tribunal shall fix its fees only after consultation with the appointing authority, which may make any comment it deems appropriate to the arbitral tribunal concerning the fees.

50. Deposit of costs

(1) The arbitral tribunal, on its establishment, may request each party to deposit an equal amount as an advance for the costs referred to in paragraphs (a), (b) and (c) of section 49 (1) of this Act.

(2) During the course of the arbitral proceedings, the arbitral tribunal may request supplementary deposits from the parties.

(3) If an appointing authority has been agreed upon by the parties or designated by the Secretary-General of the Permanent Court of Arbitration at The Hague, and when a party so requests and the appointing authority consents to perform the function, the arbitral tribunal shall, fix the amount of any deposits or supplementary deposits only after
consultation with the appointing authority which may make any comments to the arbitral tribunal which it deems appropriate concerning the amount of such deposits and supplementary deposits.

(4) If the required deposits are not paid in full within thirty days after the receipt of the requests, the arbitral tribunal shall so inform the parties in order that one or other of them may make the required payment; and if such payment is not made, the arbitral tribunal may order the suspension or termination of the arbitral proceedings.

(5) After the award has been made, the arbitral tribunal shall render an account to the parties of the deposits received and return any unexpended balance to the parties.

Recognition and Enforcement of Awards

51. Recognition and enforcement of awards

(1) An arbitral award shall, irrespective of the country in which it is made, be recognised as binding and subject to this section and section 32 of this Act, shall, upon application in writing to the Court, be enforced by the Court.

(2) The party relying on an award or applying for its enforcement shall supply-

(a) the duly authenticated original award or a duly certified copy thereof;

(b) the original arbitration agreement or a duly certified copy thereof; and

(c) where the award or arbitration agreement is not made in the English language, a duly certified translation thereof into the English language.

52. Grounds for refusing recognition or enforcement

(1) Any of the parties to an arbitration agreement may, request the Court to refuse recognition or enforcement of the award.

(2) The Court where recognition or enforcement of an award is sought or where application for refusal of recognition or enforcement thereof is brought may, irrespective of the country in which the award is made, refuse to recognise or enforce an award-

(a) if the party against whom it is invoked furnishes the Court proof –

(i) that a party to the arbitration agreement was under some incapacity; or

(ii) that the arbitration agreement is not valid under the law which the parties have indicated should be

applied, or failing such indication, that the arbitration agreement is not valid under the law of the

country where the award was made; or

(iii) that he was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise not able to present his case; or

(iv) that the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration; or

(v) that the award contains decisions on matters which are beyond the scope of the submission to arbitration, so however that, if the decisions on matters submitted to arbitration can be separated from those not submitted, only that part of the award which contains decisions on matters submitted to arbitration may be recognised and enforced; or

(vi) that the composition of the arbitral tribunal, or the arbitral procedure, was not in accordance with the agreement of the parties; or

(vii) where there is no agreement between the parties under sub-paragraph (vi) of this paragraph, that the composition of the arbitral tribunal, or the arbitral procedure, was not in accordance with the law of the country where the arbitration took place; or

(viii) that the award has not yet become binding on the parties or has been set aside or suspended by a court of the country in which, or under the law of which, the award was made; or

(b) if the Court finds –

(i) that the subject-matter of the dispute is not capable of settlement by arbitration under the laws of Nigeria; or

(ii) that the recognition or enforcement of the award is against public policy of Nigeria.

(3) Where an application for the recognition or enforcement of an award has been made to a court referred to in subsection (2) (a) (viii) of this section, the Court before which the recognition or enforcement is sought may, if it considers it proper, postpone its decision and may on the application of the party claiming recognition or enforcement of the award, order the other party to provide appropriate security.

Application of Arbitration Rules set out in the First Schedule

53. Application of Arbitration Rules set out in the First Schedule

Notwithstanding the provisions of this Act, the parties to an international commercial agreement may, agree in writing that disputes in relation to the agreement shall, be referred to arbitration in accordance with the Arbitration Rules set out in the First Schedule to this Act, or the UNCITRAL Arbitration Rules or any other international arbitration rules acceptable to the parties.

[First Schedule.]

Application of Convention on the Recognition and Enforcement of Foreign Arbitral Awards

54. Application of the Convention on Recognition and Enforcement of Foreign Arbitral Awards, etc.

(1) Without prejudice to sections 51 and 52 of this Act, where the recognition and enforcement of any award arising out of an international commercial arbitration are sought, the Convention on the Recognition and Enforcement of Foreign Awards (hereinafter referred to as “the Convention”) set out in the Second Schedule to this Act shall apply to any award made in Nigeria or in any contracting State-

[Second Schedule.]

(a) provided that, such contracting State has reciprocal legislation recognising the enforcement of arbitral awards made in Nigeria in accordance with the provisions of the Convention;

(b) that the Convention shall apply only to differences arising out of a legal relationship which is contractual.

(2) In this Part of this Act, “the appointing authority” means the Secretary-General of the Permanent Court of Arbitration at The Hague.

Conciliation

55. Conciliation Rules

Notwithstanding the provisions of this Act, the parties to an international commercial agreement may agree in writing that disputes in relation to the agreement shall be settled by conciliation under the Conciliation Rules set out in the Third Schedule to this Act.

[Third Schedule.]

PART IV

Miscellaneous

56. Receipt of written communication

(1) Unless otherwise agreed by the parties, any communication sent under or pursuant to this Act shall be deemed to have been received-

(a) when it is delivered to the addressee personally or when it is delivered to his place of business, habitual residence or mailing address; or

(b) where a communication cannot be delivered under paragraph (a) of this sub-section, when it is sent to the addressee’s last known place of business, habitual residence or mailing address by registered letter or any other means which provides a record of the attempt to deliver it.

(2) A communication shall be deemed to have been received on the day it is delivered under subsection (1) of this section.

(3) The provisions of this section shall not apply to communications in court proceedings.

57. Interpretation

(1) In this Act, unless the context otherwise requires-

“arbitral tribunal” means a sole arbitrator or a panel of arbitrators;

“arbitration” means a commercial arbitration whether or not administered by a permanent arbitral institution;

“commercial” means all relationships of a commercial nature, including any trade transaction for the supply or exchange of goods or services, distribution agreement, commercial representation or agency, factoring, leasing, construction works, consulting, engineering, licensing, investment, financing, banking, insurance, exploitation agreement or concession, joint venture and other forms of industrial or business co-operation, carriage of goods or passengers by air, sea, rail or road;

“court” means the High Court of a State, the High Court of the Federal Capital Territory, Abuja or the Federal High Court;

“judge” means a judge of the High Court of a State, the High Court of the Federal Capital Territory, Abuja or the Federal High Court;

“party” means a party to the arbitration agreement or to conciliation or any person claiming through or under him and “parties” shall be construed accordingly.

(2) An arbitration is international if-

(a) the parties to an arbitration agreement have, at the time of the conclusion of the agreement, their places of business in different countries; or

(b) one of the following places is situated outside the country in which the parties have their places of business-

(i) the place of arbitration if such place is determined in, or pursuant to the arbitration agreement;

(ii) any place where a substantial part of the obligation of the commercial relationship is to be performed or the place with which the subject-matter of the dispute is most closely connected; or

(c) the parties have expressly agreed that the subject-matter of the arbitration agreement relates to more than one country; or

(d) the parties, despite the nature of the contract, expressly agree that any dispute arising from the commercial transaction shall be treated as an international arbitration.

(3) For the purposes of subsection (2) of this section-

(a) if a party has more than one place of business, the place of business shall be that which has the closest relationship to the arbitration agreement;

(b) if a party does not have a place of business, reference shall be made to his habitual residence.

(4) Where a provision of this Act, other than section 47 of this Act, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorise a third party, including an institution, to make that determination.

(5) Where a provision of this Act-

(a) refers to the fact that parties have agreed or that they may agree; or

(b) in any other way refers to an agreement of the parties,

such agreement includes any arbitration rules referred to in the agreement.

(6) Where a provision of this Act, other than section 21 (a) or 27 (2) (a) refers to a claim, such claim includes a counterclaim, and where it refers to a defence, such defence includes a defence to such counterclaim.

58. Short title and application

This Act may be cited as the Arbitration and Conciliation Act and shall apply throughout the Federation.

SCHEDULES

FIRST SCHEDULE
[Section 53.]

Arbitration Rules

SECTION I

Introductory Rules

SCOPE OF APPLICATION

Article I

These Rules shall govern any arbitration proceedings, except that where any of these Rules is in conflict with a provision of this Act, the provisions of this Act shall prevail.

NOTICE, CALCULATION OF PERIODS OFTIME

Article 2

1. For the purposes of these Rules, any notice, including a notification, communication or proposal, is deemed to have been received if it is physically delivered to the addressee or if it is delivered at his habitual residence, place of business or mailing address, or, if none of these can be found after making reasonable inquiry, then at the addressee’s last known residence or place of business. Notice shall be deemed to have been received on the day it is so delivered.

2. For the purposes of calculating a period of time under these Rules, such period shall begin to run on the day following the day when a notice, notification, communication or proposal is received. If the last day of such period is an official holiday or non-business day at the residence or place of business of the addressee, the period is extended until the first business day which follows. Official holidays or non-business days occurring during the running of the period of time are included in calculating the period.

NOTICE OF ARBITRATION

Article 3

1. The party initiating recourse to arbitration (hereinafter called the “claimant”) shall give to the other party (hereinafter called the “respondent”) a notice of arbitration.

2. Arbitral proceedings shall be deemed to commence on the date on which the notice of arbitration is received by the respondent.

3. The notice of arbitration shall include the following-

(a) a demand that the dispute be referred to arbitration;
(b) the names and addresses of the parties;

(c) a reference to the arbitration clause or the separate arbitration agreement that is invoked;

(d) a reference to the contract out of or in relation to which the dispute arises;

(e) the general nature of the claim and an indication of the amount involved, if any;

(f) the relief or remedy sought;

(g) a proposal as to the number of arbitrators (i.e. one or three), if the parties have not previously agreed thereon.

4. The notice of arbitration may also include-

(a) the proposals for the appointment of a sole arbitrator;

(b) the notification of the appointment of an arbitrator referred to in Article 7;
(c) the statement of claim referred to in Article 18.

REPRESENTATION AND ASSISTANCE

Article 4

The parties may be represented or assisted by legal practitioners of their choice. The names and addresses of such legal practitioners must be communicated in writing to the other party; such communication must specify whether the appointment is being made for purposes of representation or assistance.

SECTION II

Composition of the Arbitral Tribunal

NUMBER OF ARBITRATORS

Article 5

If the parties have not previously agreed on the number of arbitrators (i.e. one or three), and if within fifteen days after the receipt by the respondent of the notice of arbitration the parties have not agreed that there shall be only one arbitrator, three arbitrators shall be appointed.

APPOINTMENT OF ARBITRATORS (ARTICLES 6 TO 8)

Article 6

1. If a sole arbitrator is to be appointed, either party may propose to the other the names of one or more persons, one of whom would serve as the sole arbitrator.

2. If within thirty days after receipt by a party of a proposal made in accordance with paragraph 1, the parties have not reached agreement on the choice of a sole arbitrator, the sole arbitrator shall be appointed by the Court.

3. The Court shall, at the request of one of the parties appoint the sole arbitrator as promptly as possible; and in making the appointment, the Court shall use the following list-procedure, unless both parties agree that the list-procedure should not be used or unless the Court determines in its discretion that the use of the list-procedure is not appropriate for the case-

(a) at the request of one of the parties, the Court shall communicate to both parties an identical list containing at least three names;

(b) within fifteen days after the receipt of this list, each party may return the list to the Court after having deleted the name or names to which he objects and numbered the remaining names on the list in the order of his preference;

(c) after the expiration of the above period of time, the Court shall appoint the sole arbitrator from among the names approved on the lists returned to it and in accordance with the order of preference indicated by the parties;

(d) if for any reason, the appointment cannot be made according to this procedure, the Court may exercise

its discretion in appointing the sole arbitrator.

4. In making the appointment, the Court shall have regard to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and shall take into account as well, the advisability of appointing an arbitrator of a nationality other than the nationalities of the parties.

Article 7

1. If three arbitrators are to be appointed, each party shall appoint one arbitrator; and the two arbitrators thus appointed shall, choose the third arbitrator who will act as the presiding arbitrator of the tribunal.

2. If within thirty days after the receipt of a party’s notification of the appointment of an arbitrator, the other party has not notified the first party of the arbitrator he has appointed, the first party may request the Court to appoint the second arbitrator.

3. If within thirty days after the appointment of the second arbitrator, the two arbitrators have not agreed on the choice of the presiding arbitrator, the presiding arbitrator shall be appointed by the Court in the same way as a sole arbitrator would be appointed under Article 6.

Article 8

1. When a court is requested to appoint an arbitrator pursuant to Article 6 or Article 7, the party which makes the request shall, send to the Court an affidavit together with a copy of the notice of arbitration, a copy of the contract out of or in relation to which the dispute has arisen and a copy of the arbitration agreement if it is not contained in the contract. The Court may, require from either party such information as it deems necessary to fulfil its functions.

2. Where the names of one or more persons are proposed for appointment as arbitrators, their full names and addresses shall be indicated, together with a description of their qualifications.

CHALLENGE OF ARBITRATORS (ARTICLES 9 TO 12)

Article 9

A prospective arbitrator shall, disclose to those who approach him in connection with his possible appointment, any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator, once appointed or chosen, shall disclose such circumstance to the parties, unless they have already been informed by him of these circumstances.

Article 10

1. Any arbitrator may be challenged, if circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence.

2. A party may challenge the arbitrator appointed by him, only for reasons of which he becomes aware after the appointment has been made.

Article 11

1. A party who intends to challenge an arbitrator shall send notice of his challenge within fifteen days after the appointment of the challenged arbitrator has been notified to the challenging party or within fifteen days after the circumstances mentioned in Articles 9 and 10 became known to that party.

2. The challenge shall be notified to the other party, to the arbitrator who is challenged and to the other members of the arbitral tribunal. The notification shall be in writing and shall state the reason for the challenge.

3. When an arbitrator has been challenged by one party, the other party may agree to the challenge. The arbitrator may also, after the challenge, withdraw from his office. In neither case does this imply acceptance of the validity of the grounds for the challenge. In both cases, the procedure provided in Article 6 or 7 shall be used in full for the appointment of the substitute arbitrator, even if during the process of appointing the challenged arbitrator, a party had failed to exercise his right to appoint or to participate in the appointment.

Article 12

1. If the other party does not agree to the challenge and the challenged arbitrator does not withdraw, the decision on the challenge will be made-

(a) when the initial appointment was made by the court, by that court;

(b) when the initial appointment was not made by court, but an appointing authority has been previously designated, by that authority;

(c) in all other cases, by the Court as provided for in Article 6.

2. If the Court sustains the challenge, a substitute arbitrator shall be appointed or chosen pursuant to the procedure applicable to the appointment or choice of an arbitrator as provided in Articles 6 to 8, except that, when this procedure would call for appointment by the Court, the appointment of the arbitrator shall be made by the Court which decided on the challenge.

REPLACEMENT OF AN ARBITRATOR

Article 13

1. In the event of the death or resignation of an arbitrator during the course of the arbitral proceedings, a substitute arbitrator shall be appointed or chosen pursuant to the procedure provided for in Articles 6 to 8 that was applicable to the appointment or choice of the arbitrator being replaced.

2. In the event that an arbitrator fails to act or in the event of de jure or de facto impossibility of his performing his functions, the procedure in respect of the challenge and replacement of an arbitrator as provided in the proceeding articles shall apply.

REPETITION OF HEARINGS IN THE EVENT OF THE REPLACEMENT OF AN ARBITRATOR

Article 14

If under Articles 11 to 13 the sole or presiding arbitrator is replaced, any hearings held previously shall be repeated; if any other arbitrator is replaced, such prior hearings may be repeated at the discretion of the arbitral tribunal.

SECTION III

Arbitral Proceedings

GENERAL PROVISIONS

Article 15

1. Subject to these Rules, the arbitral tribunal may conduct the arbitration in such manner as it considers appropriate, provided that, the parties are treated with equality and that at any stage of the proceedings each party is given a full opportunity of presenting his case.

2. If either party so requests at any stage of the proceedings, the arbitral tribunal shall hold hearings for the presentation of evidence by witnesses, including expert witnesses, or for oral argument. In the absence of such a request, the arbitral tribunal shall decide whether to hold such hearings or whether the proceedings shall be conducted on the basis of documents and other materials.

3. All documents or information supplied to the arbitral tribunal by one party shall at the same time be communicated by that party to the other party.

PLACE OF ARBITRATION

Article 16

1. Unless the parties have agreed upon the place where the arbitration is to be held, such place shall be determined by the arbitral tribunal, having regard to the circumstances of the arbitration.

2. The arbitral tribunal may, determine the location of the arbitration within the place agreed upon by the parties. It may hear witnesses and hold meetings for consultation among its members at any place it deems appropriate, having regard to the circumstances of the arbitration.

3. The arbitral tribunal may meet at any place it deems appropriate for the inspection of goods, other property or documents. The parties shall be given sufficient notice to enable them to be present at such inspection.

LANGUAGE

Article 17

1. Subject to an agreement by the parties, the arbitral tribunal shall, promptly after its appointment, determine the language or languages to be used in the proceedings. This determination shall apply to the statement of claim, the statement of defence, and any further written statements and, if oral hearings take place, to the language or languages to be used at such hearings.

2. The arbitral tribunal may, order that any documents annexed to the statement of claim or statement of defence, and any supplementary documents or exhibits submitted in the course of the proceedings, delivered in their original language, shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.

STATEMENT O FCLAIM

Article 18

1. Unless the statement of claim was contained in the notice of arbitration, within a period of time to be determined by the arbitral tribunal, the claimant shall communicate his statement or claim in writing to the respondent and to each of the arbitrators. A copy of the contract and of the arbitration agreement if not contained in the contract, shall be annexed thereto.

2. The statement of claim shall include the following particulars-

(a) the names and addresses of the parties;

(b) a statement of the facts supporting the claim;
(c) the point at issue;

(d) the relief or remedy sought.

3. The claimant may annex to his statement of claim, all documents he deems relevant or may add a reference to the documents or other evidence he will submit.

STATEMENT OF DEFENCE

Article 19

1. Within a period of time to be determined by the arbitral tribunal, the respondent shall communicate his statement of defence in writing to the claimant and to each of the arbitrators.

2. The statement of defence shall reply to the particulars (b), (c) and (d) of the statement of claim (Article 18, paragraph 2). The respondent may, annex to his statement, the documents on which he relies for his defence or may add a reference to the documents or other evidence he will submit.

3. In his statement of defence, or at a later stage in the arbitral proceedings, if the arbitral tribunal decides that the delay was justified under the circumstances, the respondent may, make a counterclaim arising out of the same contract or rely on a claim arising out of the same contract for the purpose of a set-off.

4. The provisions of Article 18, paragraph 2, shall apply to a counterclaim, and a claim relied on for the purpose of set-off.

AMENDMENTS TO THE CLAIM OR DEFENCE

Article 20

During the course of the arbitral proceedings, either party may amend or supplement his claim or defence, unless the arbitral tribunal considers it inappropriate to allow such amendment, having regard to the delay in making it or prejudice to the other party or any other circumstances. However, a claim may not be amended in such a manner that the amended claim falls outside the scope of the arbitration clause or separate arbitration agreement.

PLEAS AS TO THE JURISDICTION OFTHE ARBITRAL TRIBUNAL

Article 21

1. The arbitral tribunal shall, have the power to rule on objections that it has no jurisdiction, including any objections with respect to the existence or validity of the arbitration clause or of the separate arbitration agreement.

2. The arbitral tribunal shall, have the power to determine the existence or the validity of the contract of which an arbitration clause forms a part. For the purposes of this article, an arbitration clause which forms part of a contract and which provides for arbitration under these Rules shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the in-
validity of the arbitration clause.

3. A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than in the statement of defence or, with respect to a counterclaim, in the reply to the counterclaim.

4. In general, the arbitration tribunal should rule on a plea concerning its jurisdiction as a preliminary question. However, the arbitral tribunal may proceed with the arbitration and rule on such a plea in their final award.

FURTHER WRITTEN STATEMENTS

Article 22

The arbitral tribunal shall decide which further written statements, in addition to the statement of claim and the statement of defence, shall be required from the parties or may be presented by them and shall fix the periods of time for communicating such statements.

PERIODS OFTIME

Article 23

The periods of time fixed by the arbitral tribunal for the communication of written statements (including the statement of claim and statement of defence) should not exceed forty-five days. However, the arbitral tribunal may extend the time limits if it concludes that an extension is justified.

EVIDENCE AND HEARINGS (ARTICLES 24 AND 25)

Article 24

1. Each party shall have the burden of proving the facts relied on to support his claim or defence.

2. The arbitral tribunal may, if it considers it appropriate, require a party to deliver to the tribunal and to the other party, within such a period of time as the arbitral tribunal shall decide, a summary of the documents and other evidence which that party intends to present in support of the facts in issue set out in his statement of claim or statement of defence.

3. At any time during the arbitral proceedings, the arbitral tribunal may require the parties to produce documents, exhibits or other evidence within such a period of time as the arbitral tribunal shall determine.

Article 25

1. In the event of an oral hearing, the arbitral tribunal shall give the parties adequate advance notice of the date, time and place thereof.

2. If witnesses are to be heard, at least fifteen days before the hearing each party shall communicate to the arbitral tribunal and to the other party the names and addresses of the witnesses he intends to present, the subject upon and the languages in which such witnesses will give their testimony.

3. The arbitral tribunal shall make arrangements for the translation of oral statements made at a hearing and for a record of the hearing, if either is deemed necessary by the tribunal under the circumstances of the case, or if the parties have agreed thereto and have communicated such agreement to the tribunal at least fifteen days before the hearing.

4. Hearings shall be held in camera unless the parties agree otherwise. The arbitral tribunal may, require the retirement of any witness or witnesses during the testimony of other witnesses. The arbitral tribunal is free to determine the manner in which witnesses are examined.

5. Evidence of witnesses may also be presented in the form of written statements signed by them.

6. The arbitral tribunal shall determine the admissibility, relevance, materiality and weight of the evidence offered.

INTERIM MEASURES OF PROTECTION

Article 26

1. At the request of either party, the arbitral tribunal may take any interim measures it deems necessary in respect of the subject-matter of the dispute, including measures for the conservation of the goods forming the subject-matter in dispute, such as ordering their deposit with a third person or the sale of perishable goods.

2. Such interim measures may be established in the form of an interim award. The arbitral tribunal shall be entitled to require security for the costs of such measures.

3. A request for interim measures addressed by any party to court shall not be deemed incompatible with the agreement to arbitrate, or as a waiver of that agreement.

EXPERTS

Article 27

1. The arbitral tribunal may appoint one or more experts to report to it in writing, on specific issues to be determined by the tribunal. A copy of the expert’s terms of reference, established by the arbitral tribunal, shall be communicated to the parties.

2. The parties shall give the expert any relevant information or produce for his inspection any relevant documents or goods that he may require of them. Any dispute between a party and such expert as to the relevance of the required information or production shall be referred to the arbitral tribunal for decisions.

3. Upon receipt of the expert’s report, the arbitral tribunal shall communicate a copy of the report to the parties who shall be given the opportunity to express, in writing, their opinion on the report. A party shall be entitled to examine any document on which the expert has relied in this report.

Arbitration and Conciliation Act

4. At the request of either party the expert, after delivery of the report, may be heard at a hearing where the parties shall have the opportunity to be present and to interrogate the expert. At this hearing, either party may present expert witnesses in order to testify on the points at issue. The provisions of Article 25 shall be applicable to such proceedings.

DEFAULT

Article 28

1. If, within the period of time fixed by the arbitral tribunal, the claimant has failed to communicate his claim without showing sufficient cause for such failure, the arbitral tribunal shall issue an order for the termination of the arbitral proceedings. If, within the period of time fixed by the arbitral tribunal, the respondent has failed to communicate his statement of defence without showing sufficient cause for such failure, the arbitral tribunal shall order that the proceedings continue.

2. If one of the parties, duly notified under these Rules, fails to appear at a hearing, without showing sufficient cause for such failure, the arbitral tribunal may proceed with the arbitration.

3. If one of the parties, duly invited to produce documentary evidence, fails to do so within the established period of time, without showing sufficient cause for such failure, the arbitral tribunal may make the award on the evidence before it.

CLOSURE OF HEARINGS

Article 29

1. The arbitral tribunal may inquire of the parties if they have any further proof to offer or witnesses to be heard or submissions to make and, if there are none, it may declare the hearings closed.

2. The arbitral tribunal may, if it considers it necessary owing to exceptional circumstances, decide, on its own motion or upon application of a party, to re-open the hearings at any time before the award is made.

WAIVER OF RULES

Article 30

A party who knows that any provision of, or requirement under, these Rules has not been complied with and yet proceeds with the arbitration without promptly stating his objection to such non-compliance, shall be deemed to have waived his right to object.

SECTION IV

THE AWARD/DECISIONS

Article 31

1. When there are three arbitrators, any award or other decision of the arbitral tribunal shall be made by a majority of the arbitral tribunal.

2. In the case of questions of procedure, when there is no majority or when the arbitral tribunal so authorises, the presiding arbitrator may decide on his own, subject to revision, if any, by the arbitral tribunal.

FORM AND EFFECT OF THE AWARD

Article 32

1. In addition to making a final award, the arbitral tribunal shall be entitled to make interim, interlocutory, or partial awards.

2. The award shall be made in writing and shall be final and binding on the parties. The parties undertake to carry out the award without delay.

3. The arbitral tribunal shall state the reasons upon which the award is based, unless the parties have agreed that no reasons are to be given.

4. An award shall be signed by the arbitrator and it shall contain the date on which and the place where the award was made. Where there are three arbitrators and one of them fails to sign, the award shall state the reason for the absence of the signature.

5. The award may be made public only with the consent of both parties.

6. Copies of the award signed by the arbitrators shall be communicated to the parties by the arbitral tribunal.

APPLICABLE LAW, AMIABLE COMPOSITEUR

Article 33

1. The arbitral tribunal shall apply the law designated by the parties as applicable to the substance of the dispute.

2. The arbitral tribunal shall decide as amiable compositeur or ex aequo et bono only if the parties have expressly authorised the arbitral tribunal to do so and if the law applicable to the arbitral procedure permits such arbitration.

3. In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract and shall take into account the usage of the trade applicable to the transaction.

SETTLEMENT OR OTHER GROUNDS FOR TERMINATION

Article 34

1. If, before the award is made, the parties agree on a settlement of the dispute, the arbitral tribunal shall either issue an order for the termination of the arbitral proceedings or, if requested by both parties and accepted by the tribunal, record the settlement in the form of an arbitral award on agreed terms. The arbitral tribunal is not obliged to give reasons for such an award.

2. If, before the award is made, the continuation of the arbitral proceedings becomes unnecessary or impossible for any reasons not mentioned in paragraph 1, the arbitral tribunal shall inform the parties of its intention to issue an order for the termination of the proceedings. The arbitral tribunal shall have the power to issue such an order unless a party raises justifiable ground for objection.

3. Copies of the order for termination of the arbitral proceedings or of the arbitral award on agreed terms, signed by the arbitrators, shall be communicated by the arbitral tribunal to the parties. Where an arbitral award on agreed terms is made, the provisions of Article 32, paragraphs 2 and 4 to 6, shall apply.

Arbitration and Conciliation Act

INTERPRETATION OFTHE AWARD

Article 35

1. Within thirty days after the receipt of the award, either party, with notice to the other party, may request that the arbitral tribunal give an interpretation of the award.

2. The interpretation shall be given in writing within forty-five days after the receipt of the request. The interpretation shall form part of the award and the provisions of Article 32, paragraphs 2 to 6, shall apply.

CORRECTION OF THE AWARD

Article 36

1. Within thirty days after the receipt of the award, either party, with notice to the other party, may request the arbitral tribunal to correct in the award any errors in computation, any clerical or typographical errors, or any errors of similar nature. The arbitral tribunal may within thirty days after the communication of the award make such corrections on its own initiative.

2. Such corrections shall be in writing, and the provisions of Article 32, paragraphs 2 to 6, shall apply.

ADDITIONAL AWARD

Article 37

1. Within thirty days after the receipt of the award, either party, with notice to the other party, may request the arbitral tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the award.

2. If the arbitral tribunal considers the request for an additional award to be justified and considers that the omission can be rectified without any further hearings or evidence, it shall complete its award within sixty days after the receipt of the request.

3. When an additional award is made, the provisions of Article 32, paragraphs 2 to 6, shall apply.

COSTS (ARTICLES 38 TO 40)

Article 38

The arbitral tribunal shall fix the costs of arbitration in its award.
The term “costs” includes only-

(a) the fees of the arbitral tribunal to be stated separately as to each arbitrator and to be fixed by the tribunal itself in accordance with Article 39;

(b) the travel and other expenses incurred by the arbitrators;

(c) the costs of expert advice and of other assistance required by the arbitral tribunal;

(d) the travel and other expenses of witnesses to the extent that such expenses are approved by the arbitral tribunal;

Arbitration and Conciliation Act

Article 39

The fees of the arbitral tribunal shall be reasonable in amount, taking into account the amount in dispute, the complexity of the subject-matter, the time spent by the arbitrators and any other relevant circumstances of the case.

Article 40

1. Except as provided in paragraph 2, the costs of arbitration shall in principle be borne by the unsuccessful party. However, the arbitral tribunal may apportion each of such costs between the parties if it determines that apportionment is reasonable taking into account the circumstances of the case.

2. With respect to the costs of legal representation and assistance referred to in Article 38, paragraph (e), the arbitral tribunal, taking into account the circumstances of the case, shall be free to determine which party shall bear such costs or may apportion such costs between the parties if it determines that apportionment is reasonable.

3. When the arbitral tribunal issues an order for the termination of the arbitral proceedings or makes an award on agreed terms, it shall fix the costs of arbitration referred to in Article 38 and Article 39, in the text of that order or award.

4. No additional fees may be charged by an arbitral tribunal for interpretation or correction or completion of its award under Articles 35 to 37.

DEPOSIT OF COSTS

Article 41

1. The arbitral tribunal, on its establishment, may request each party to deposit an equal amount as an advance for the costs referred to in Article 38, paragraphs (a), (b) and (c).

2. During the course of the arbitral proceedings, the arbitral tribunal may request supplementary deposits from the parties.

3. If the required deposits are not paid in full within thirty days after the receipt of the requests, the arbitral tribunal shall so inform the parties, in order that one or another of them may make the required payment. If such payment is not made, the arbitral tribunal may order the suspension or termination of the arbitral proceedings.

4. After the award has been made, the arbitral tribunal shall render an account to the parties of the deposits received and return any unexpended balance to the parties.

SECOND SCHEDULE
[Section 54 (1).]

CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS JUNE 10, 1958

Article I

1. This Convention shall apply to the recognition and enforcement of arbitral awards made in the territory of a State other than the State where the recognition and enforcement of such awards are sought, and arising out of difference between persons, whether physical or legal. It shall also apply to arbitral awards not considered as domestic awards in the State where their recognition and enforcement are sought.

2. The term “arbitral awards” shall include not only awards made by arbitrator, appointed for each case but also those made by permanent arbitral bodies to which the parties have submitted.

3. When signing, ratifying or acceding to this Convention, or notifying extension under Article X hereof, any State may on the basis of reciprocity declare that it will apply the Convention to the recognition and enforcement of awards made only in the territory or another Contracting State. It may also declare that it will apply the Convention only to differences arising out of legal relationships whether contractual or not, which are considered as commercial under the national law of the State making such declaration.

Article II

1. Each Contracting State shall recognise an agreement in writing under which the parties undertake to submit to arbitration all or any differences which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not, concerning a subject matter capable of settlement by arbitration.

Appendices

2. The term “agreement in writing” shall include an arbitral clause in a contract or an arbitration agreement, signed by the parties or contained in an exchange of letters or telegrams.

3. The Court or a Contracting State, when seised of an action in a matter in respect of which the parties have made an agreement within the meaning of this article, shall, at the request of one of the parties refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed.

Article III

Each Contracting State shall recognise arbitral awards as binding and enforce them in accordance with the rules of procedure of the territory where the award is relied upon, under the conditions laid down in the following articles. There shall not be imposed substantially more onerous conditions or higher fees or charges on the recognition or enforcement of arbitral awards to which this Convention applies than are imposed on the recognition or enforcement of domestic arbitral awards.

Article IV

l. To obtain the recognition and enforcement mentioned in the preceding article, the party applying for recognition and enforcement shall, at the time of the application, supply-

(a) the duly authenticated original award or a duly certified copy thereof; and

(b) the original agreement referred to in Article II or a duly certified copy thereof.

2. If the said award or agreement is not made in an official language of the country in which the award is relied upon, the party applying for recognition and enforcement of the award shall produce a translation of these documents into such language. The translation shall be certified by an official or sworn translator or by a diplomatic or consular agent.

Article V

1. Recognition and enforcement of the award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the competent authority where the recognition and enforcement is sought, proof that-

(a) the parties to the agreement referred to in Article II were, under the law applicable to them, under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it or, failing an indication thereon, under the law of the country where the award was made; or

(b) the party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case; or

(c) the award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognised and enforced; or

(d) the composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or

(e) the award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made.

2. Recognition and enforcement of an arbitral award may also be refused if the competent authority in the country where recognition and enforcement is sought finds that-

(a) the subject matter of the difference is not capable of settlement by arbitration under the law of that country; or

(b) the recognition or enforcement of the award would be contrary to the public policy of that country.

Article VI

If an application for the setting aside or suspension of the award has been made to a competent authority referred to in Article V paragraph (1) (e), the authority before which the award is sought to be relied upon may, if it considers it proper, adjourn the decision on the enforcement of the award and may also, on the application of the party claiming enforcement of the award, order the other party to give suitable security.

APPENDICES

Article VII

1. The provisions of the present Convention shall not affect the validity of multilateral or bilateral agreements concerning the recognition and enforcement of arbitral awards entered into by the Contracting States nor deprive any interested party of any right he may have to avail himself of an arbitral award in the manner and to the extent allowed by the law or the treaties of the country where such award is sought to be relied upon.

2. The Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Convention of the Execution of Foreign Arbitral Awards of 1927 shall cease to have effect between Contracting States on their becoming bound and to the extent that they become bound, by this Convention.

Arbitration and Conciliation Act

Article VIII

1. This Convention shall be open until 31 December 1958 for signature on behalf of any member of the United Nations and also on behalf of any other State which is or hereafter becomes a member of any specialised agency of the United Nations, or which is or hereafter becomes a party to the Statute of the International Court of Justice, or any other State to which an invitation has been addressed by the General Assembly of the United Nations.

2. This Convention shall be ratified and the instrument of ratification shall be deposited with the Secretary-General of the United Nations.

Article IX

This Convention shall be open for accession to all States referred to in Article VIII.
Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.

Article X

1. Any State may, at the time of signature, ratification or accession, declare that this Convention shall extend to all or any of the territories for the international relations of which it is responsible. Such a declaration shall take effect when the Convention enters into force for the State concerned.

2. At any time thereafter, any such extension shall be made by notification addressed to the Secretary-General of the United Nations and shall take effect as from the ninetieth day after the day of receipt by the Secretary-General of the United Nations of this notification, or as from the date of entry into force of the Convention For the State concerned, whichever is the later.

3. With respect to those territories to which this Convention is not extended at the time of signature, ratification or accession, each State concerned shall consider the possibility of taking the necessary steps in order to extend the application of this Convention to such territories, subject, where necessary for constitutional reasons, to the consent of the governments of such territories.

Article XI

1. In the case of a federal or non-unitary State, the following provisions shall apply-

(a) with respect to those Articles of this Convention that come within the legislative jurisdiction of the federal authority, the obligations of the federal government shall to this extent be the same as those of Contracting States which are not federal states;

(b) with respect to those Articles of this Convention that come within the legislative jurisdiction of constituent states or provinces which are not, under the constitutional system of the federation, bound to take legislative action, the federal government shall bring such articles with a favourable recommendation to the notice of the appropriate authorities of constituent states or provinces at the
earliest possible moment;

(c) a federal state party to this Convention shall, at the request of any other contracting state transmitted through the Secretary-General of the United nations, supply a statement of the law and practice of the federation and its constituent units in regard to any particular provisions of this Convention, showing the extent to which effect has been given to that provision by legislative or other action.

Arbitration and Conciliation Act

Article XII

1. This Convention shall come into force on the ninetieth day following the date of deposit of the third instrument of ratification or accession.

2. For each State ratifying or acceding to this Convention after the deposit of the third instrument of ratification or accession, this Convention shall enter into force on the ninetieth day after deposit by such State of its instrument of ratification or accession.

APPENDICES

Article XIII

1. Any contracting State may denounce this Convention by a written notification to the Secretary-General of the United Nations. Denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General.

2. Any State which has made a declaration or notification under Article X may, at any time thereafter, by notification to the Secretary-General of the United Nations, declare that this Convention shall cease to extend to the territory concerned one year after the date of the receipt of the notification by the Secretary-General.

3. This Convention shall continue to be applicable to arbitral awards in respect of which recognition or enforcement proceedings have been instituted before the denunciation takes effect.

Article XIV

A Contracting State shall not be entitled to avail itself of the present Convention against other Contracting States except to the extent that it is itself bound to apply the Convention.

Article XV

The Secretary-General of the United Nations shall notify the States contemplated in Article VIII of the following-

(a) signature and ratifications in accordance with Article VIII;
(b) accessions in accordance with Article IX;

(c) declarations and notifications under Articles I, X and XI;

(d) the date upon which this Convention enters into force in accordance with Article XII;

(e) denunciations and notifications in accordance with Article XIII.

Article XVI

1. This Convention, of which the Chinese, English, French, Russian and Spanish texts should be equally authentic, shall be deposited in the archives of the United Nations.

2. The Secretary-General of the United Nations shall transmit a certified copy of this Convention to the States contemplated in Article VIII.

THIRD SCHEDULE
[Section 55.]

Conciliation Rules

APPLICATION OFTHE RULES

Article 1

(1) These Rules apply to conciliation of disputes arising out of or relating to a contractual or other legal relationship where the parties seeking an amicable settlement of their dispute have agreed that the Conciliation Rules apply.

(2) The parties may agree to exclude or vary any of these Rules at any time.

(3) Where any of these Rules is in conflict with a provision of this Act or any law from which the parties cannot derogate, that provision prevails.

COMMENCEMENT OF CONCILIATION PROCEEDINGS

Article 2

(1) The party initiating conciliation sends to the other party a written invitation to conciliate under these Rules, briefly identifying the subject of the dispute.

(2) Conciliation proceedings commence when the other party accepts the invitation to conciliate. If the acceptance is made orally, it is advisable that it be confirmed in writing.

(3) If the other party rejects the invitation, there will be no conciliation proceedings.

(4) If the party initiating conciliation does not receive a reply within thirty days from the date on which he sends the invitation, or within such other period of time as specified in the invitation, he may elect to treat this as a rejection for the invitation to conciliate. If he so elects, he informs the other party accordingly.

NUMBER OF CONCILIATORS

Article 3

There shall be one conciliator unless the parties agree that there shall be two or three conciliators. Where there is more than one conciliator, they ought, as a general rule, to act jointly.

APPOINTMENT OF CONCILIATOR

Article 4

(1) (a) In conciliation proceedings with one conciliator, the parties shall endeavour to reach agreement on the name of a sole conciliator.

(b) In conciliation proceedings with two conciliators, each party appoints one conciliator.

(c) In conciliation proceedings with three conciliators, each party appoints one conciliator. The parties shall endeavour to reach agreement on the name of the third conciliator.

(2) Parties may enlist the assistance of an appropriate institution or person in connection with the appointment of conciliators. In particular-

(a) a party may request such an institution or person to recommend the names of suitable individuals to act as conciliators; or

(b) the parties may agree that the appointment of one or more conciliators be made by such institution or person.

In recommending or appointing individuals to act as conciliator, the institution or person shall have regard to such consideration as are likely to secure the appointment of an independent and impartial conciliator.

SUBMISSION OF STATEMENTS TO CONCILIATOR

Article 5

(1) The conciliator upon his appointment, requests each party to submit to him a brief written statement describing the general nature of the dispute and the points at issue. Each party sends a copy of his statement to the other party.

(2) The conciliator may request each party to submit to him a further written statement of his position and the facts and grounds in support thereof, supplemented by any documents and other evidence that such party deems appropriate. The party sends a copy of his statement to the other party.

(3) At any stage of the conciliation proceedings, the conciliator may request a party to submit to him such additional information as he deems appropriate.

REPRESENTATION AND ASSISTANCE

Article 6

The parties may be represented or assisted by persons of their choice. The names and addresses of such persons are to be communicated in writing to the other party and to the conciliator; such communication is to specify whether the appointment is made for purposes of representation or of assistance.

ROLE OF CONCILIATOR

Article 7

(1) The conciliator assists the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute.

(2) The conciliator will be guided by principles of objectivity, fairness and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute, including any previous business practices between the parties.

(3) The conciliator may conduct the conciliation proceedings in such a manner as he considers appropriate, taking into account the circumstances of the case, the wishes the parties may express, including any request by a party that the conciliator hear oral statements, and the need for a speedy settlement of the dispute.

(4) The conciliator may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute. Such proposals need not be in writing and need not be accompanied by a statement of the reasons therefore.

ADMINISTRATIVE ASSISTANCE

Article 8

In order to facilitate the conduct of the conciliation proceedings, the parties, or the conciliator with the consent of the parties, may arrange for administrative assistance by a suitable institution or person.

Arbitration and Conciliation Act

COMMUNICATION BETWEEN CONCILIATOR AND PARTIES

Article 9

(1) The conciliator may invite the parties to meet with him or may communicate with them orally or in writing. He may meet or communicate with the parties together or with each of them separately.

(2) Unless the parties have agreed upon the place where meetings with the conciliator are to be held, such place will be determined by the conciliator after consultation with the parties having regard to the circumstances of the conciliation proceedings.

DISCLOSURE OF INFORMATION

Article 10

When the conciliator receives factual information concerning the dispute from a party, he discloses the substances of that information to the other party in order that the other party may have the opportunity to present any explanation which he considers appropriate.

CO-OPERATION OF PARTIES WITH CONCILIATOR

Article 11

The parties will in good faith co-operate with the conciliator and, in particular, will endeavour to comply with requests by the conciliator to submit written materials, provide evidence and attend meetings.

SUGGESTIONS BY PARTIES FOR SETTLEMENT OF DISPUTE

Article 12

Each party may, on his own initiative or at the invitation for the conciliator, submit to the conciliator suggestions for the settlement of the dispute.

SETTLEMENT AGREEMENT

Article 13

(1) When it appears to the conciliator that there exists elements of a settlement which would be acceptable to the parties, he formulates the terms of a possible settlement and submits them to the parties for their observations. After receiving the observations of the parties, the conciliator may reformulate the terms of a possible settlement in the light of such observations.

(2) If the parties reach agreement on a settlement of the dispute, they draw up and sign a written settlement agreement. If requested by the parties the conciliator draws up, or assists the parties in drawing up, the settlement agreement.

(3) The parties by signing the settlement agreement put an end to the dispute and are bound by the agreement.

CONFIDENTIALITY

Article 14

The conciliator and the parties must keep confidential all matters relating to the conciliation proceedings. Confidentiality extends also to the settlement agreement, except where its disclosure is necessary for purposes of implementation and enforcement.

Arbitration and Conciliation Act

TERMINATION OF CONCILIATION PROCEEDINGS

Article 15
The conciliation proceedings are terminated-

(a) by the signing of the settlement agreement by the parties, on the date of the agreement; or

(b) by a written declaration of the conciliator, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified on the date of the declaration; or

(c) by a written declaration of the parties addressed to the conciliator to the effect that the conciliation proceedings are terminated, on the date for the declaration; or

(d) by a written declaration of a party to the other party and the conciliator, if appointed, to the effect that the conciliation proceedings are terminated on the date of the declaration.

RESORT TO ARBITRAL OR JUDICIAL PROCEEDINGS

Article 16

The parties undertake not to initiate, during the conciliation proceedings, any arbitral or judicial proceedings in respect of a dispute that is the subject of the conciliation proceedings.

COSTS

Article 17

(1) Upon termination of the conciliation proceedings, the conciliator fixes the costs of the conciliation and gives written notice thereof to the parties.

The term “costs” includes only-

(a) the fee of the conciliator which shall be a reasonable amount;
(b) the travel and other expenses of the conciliator;

(c) the travel and other expenses of witnesses requested by the conciliator with the consent of the parties;

(d) the cost of any assistance provided pursuant to Article 4, paragraph 2 (b), and 8 of these Rules.

(2) The costs, as defined above are borne equally by the parties unless the settlement agreement provides for a different apportionment. All other expenses incurred by a party are borne by that party.

DEPOSITS

Article 18

(1) The conciliator, upon his appointment, may request each party to deposit an equal amount as an advance for the costs referred to in Article 17, paragraph (1) which he expects will be incurred.

(2) During the course of the conciliation proceedings, the conciliator may request supplementary deposits, in an equal amount from each party.

(3) If the required deposits under paragraphs (1) and (2) of this Article are not paid in full by both parties within thirty days, the conciliator may suspend the proceedings or may make a written declaration of termination to the parties, effective on the date of that declaration.

(4) Upon termination of the conciliation proceedings, the conciliator renders an account to the parties of the deposits received and returns any unexpended balance to the parties.

ROLE OF CONCILIATOR IN OTHER PROCEEDINGS

Article 19

The parties and the conciliator undertake that the conciliator shall not act as an arbitrator or as a representative or counsel of a party in any arbitral or judicial proceedings in respect of a dispute that is the subject of the conciliation proceedings. The conciliator shall not be presented as a witness in any such proceedings.

ADMISSIBILITY OF EVIDENCE IN OTHER PROCEEDINGS

Article 20

The parties undertake not to rely on or introduce as evidence in arbitral or judicial proceedings, whether or not such proceedings relate to the dispute that is the subject of the conciliation proceedings-

(a) views expressed or suggestions made by the other party in respect of a possible settlement of the dispute;

(b) admissions made by the other party in the course of the conciliation proceedings;

(c) proposals made by the conciliator;

(d) the fact that the other party had indicated his willingness to accept a proposal for settlement made by the conciliator.

Credit: Policy and Legal Advocacy Centre (PLAC)

Animal Diseases (Control) Act, 1988 (NG)

Animal Diseases (Control) Act

An Act to provide for the control and prevention of animal diseases, with the object of preventing the introduction and spread of infectious and contagious diseases among animals, hatcheries and poultries in Nigeria.
[Commencement] [24th February, 1988]

1. Importation of animals, hatching eggs and poultry

(1) As from the commencement of this Act, the importation of any animal, hatching eggs or poultry into Nigeria from any other country by land, sea or air is prohibited except under a permit, in the form set out in the Fourth or Fifth Schedule to this Act, granted by the Director who in each case shall state the conditions under which the
animal, hatching eggs or poultry may be imported.
[Fourth and Fifth Schedules.]

(2) Any animal, hatching eggs or poultry imported by land, sea or air may be subjected to such examination, disinfection, inoculation and quarantine at the risk and expense of the owner thereof as the Director may deem necessary.

(3) Any animal, hatching eggs or poultry which for the purposes of trade is brought into Nigeria across an international border whether on the hoof or by road, rail, sea or air shall be subject to inspection at any of the quarantine stations or control posts listed in the Second and Third Schedules to this Act by an authorised officer for
the purposes of ascertainment that such animal, hatching eggs or poultry is duly permitted to travel and fit to do so.

[Second and Third Schedules.]

2. Importation of animal products

The importation of animal semen, egg or any other animal product into Nigeria from any country is prohibited except under a permit, in the form set out in the Sixth Schedule to this Act, granted by the Director who may in each case state the conditions under which the semen, egg or any other animal product may be imported.
[Sixth Schedule.]

3. Importation of biologics

The importation of any biologics into Nigeria from any country is prohibited except under a permit, in the form set out in the Eleventh Schedule to this Act, granted by the Director who may state the condition or conditions under which the biologics may be imported.
[Eleventh Schedule.]

4. Importation of infectious agent

The importation into Nigeria of any infectious agent in any form is prohibited except under a permit, in the form set out in the Eleventh Schedule to this Act, granted by the Director.
[Eleventh Schedule.]

5. Seizure or destruction of animal, etc.

Any animal, animal products, biologic or infectious agent which is not imported in accordance with the provisions of sections 1, 2, 3 and 4 of this Act shall be seized or caused to be destroyed immediately on arrival by the Director, or by an authorised officer without prejudice to the imposition of any penalty for the contravention of
these provisions:
Provided that such seizure or destruction shall be reported without delay to the magistrates having jurisdiction in that area.

6. Exportation of animals, etc.

The exportation of any animal, hatchery eggs or poultry out of Nigeria to any other country by land, sea, or air is prohibited except under a permit, in the form set out in the Twelfth Schedule to this Act, granted by the Director who in each case shall state the conditions under which the animal, hatching eggs or poultry may be exported.
[Twelfth Schedule.]

7. Surveillance of importation

(1) If a veterinary officer, police officer or any authorised officer has reason to believe that there is in any premises, animal, animal product, biologic or infectious agent which has been imported into Nigeria in contravention of the provisions of this Act, he shall-
(a) within reasonable time enter, inspect the premises and examine any suspected animal, animal product, biologic or infectious agent therein;
(b) demand, from the owner or person in charge or in possession, for the evidence of permission to import such animal, animal product, biologic or infectious agent found on the premises;
(c) where he has reasonable ground to believe that such animal, animal product, biologic or infectious agent, has been imported without permit, seize or detain such animal at the risk and expense of the owner or importer for a period of not less than 24 hours, after which the animal, animal product, biologic or infectious agent shall be quarantined or penalty shall be imposed if no proof of permission to import can be produced.

(2) Any person who is guilty of any such breach, non-compliance or contravention under this section shall be guilty of an offence and shall be liable on conviction to a fine of not less than N1,000 or imprisonment for three months or to both such tine and imprisonment.

8. Notification of disease

(1) Any person having in his charge or under his control any animal infected or suspected to be infected with any of the diseases listed in the First Schedule to this Act shall keep such animal separate from other animals not so infested or suspected to be infected and shall forthwith give notice of the fact of the animal being so infected or suspected to be infected to a veterinary officer or the nearest veterinary surgeon or the prescribed officer in the Local Government Area.
[First Schedule]

(2) When any animal so infected or suspected to be infected is being transported, neither such animal nor any animal with which it has been in contact shall be moved except in so far as may be necessary for effecting isolation or for procuring food or water pending the directions of a veterinary officer.

(3) Every veterinary officer, veterinary surgeon or prescribed officer receiving a notification under subsection (1) of this section or otherwise becoming aware that any animal within the limit of his jurisdiction is infected with disease shall take measures to enforce the provisions of this section with regard to the isolation and non-movement of the animal and shall forthwith notify the nearest magistrate or police officer.

(4) A veterinary officer, if he is of the opinion that any animal is infected with any disease, or if he has reason to believe that any animal has been exposed to infection, shall administer veterinary vaccines or biologicals or issue such orders, directions or prohibitions as he may consider necessary or advisable to prevent the spread of the disease and may cause any such animal to be slaughtered if he considers that the slaughter of such animal is necessary for the prevention of the spread of the disease and shall inform the police forthwith.

(5) All veterinary vaccines shall be handled, sold or administered only by a veterinary surgeon or prescribed officer.

9. Disposal of diseased animals

(1) Where any animal-
(a) dies of a disease or is slaughtered in accordance with the provisions of this Act; or
(b) is slaughtered otherwise than in accordance with the provisions of this Act, and its carcass is in the opinion of the veterinary officer infected with disease, such carcass shall be disposed of by burning or in such manner as the veterinary officer may direct.

(2) Any fodder, litter, utensils, pens or any other thing which may, in the opinion of a veterinary officer, have come in contact with such animal or its carcass shall be disposed of as directed by the veterinary officer.

(3) A veterinary officer-
(a) may, for the purpose of examining a diseased animal and after disclosing his identity, enter into any premises and may, for the purpose or diagnosing diseases, take blood smears and apply such tests as he may consider necessary; or
(b) may seize and detain any animal in relation to which any such breach, non-compliance or contravention has been committed, provided that such seizure and detention shall be reported without delay to a magistrate or police officer having jurisdiction in the area in which the animal has been seized.

10. Offences

(1) Except as otherwise provided in this Act, any person who is guilty of an offence, non-compliance or contravention of this Act, shall be guilty of an offence and shall be liable on conviction to a fine of N250 or to imprisonment for three months, and any animal in relation to which the offence has been committed may be
forfeited.

(2) Whenever a magistrate is satisfied by evidence on oath that there is reason to believe that an offence has been committed in relation to any animal which has been seized and detained but that the offender is unknown or cannot be found, he may order the forfeiture of such animal:
Provided that, no order shall be carried out under this subsection unless the owner (if his name and whereabouts be known) of such animal shall have had opportunity of appearing before the magistrate to show cause why the order should not be complied with.

(3) Whenever a magistrate is satisfied by evidence on oath that there is reason to believe that an offence has been committed in relation to any animal which has been seized and detained, he may order the owner of such animal to pay into court such sum as he may consider reasonable to cover the expenses of the seizure, removal and detention of the animal, and unless such sum be paid within such time as may be specified in the order, the animal shall be forfeited.

11. Compensation

(1) Compensation may be paid to the owner of any animal which is slaughtered or of any hide or skin or other part of a carcass which is destroyed under this Act.

(2) Compensation shall not be paid in respect of any animal which is, or is suspected of being infected with rabies or in respect of any animal in relation to which any offence under these or any other provisions under this Act has been committed, or in respect of any hide or skin or other part of any carcass which is certified by a veterinary officer to be infected with disease.

(3) Where any animal is slaughtered or any hide or other part of any carcass is destroyed according to the provisions of section 8 of this Act, a certificate by a veterinary officer that such animal or hide or skin or other part of the carcass was infected with disease shall be accepted as conclusive proof thereof in any legal proceedings.

(4) The compensation which may be paid in respect of an animal slaughtered or any hide or skin or part of a carcass destroyed in accordance with the provisions of this Act shall not exceed the value of the animal or hide or skin or part of the carcass immediately before it was slaughtered or destroyed.

(5) Claims for compensation shall be made in writing to the Minister or Commissioner through a magistrate having jurisdiction in the area in which the animal was slaughtered, and the Minister or Commissioner if, after such inquiry as he may think proper, is satisfied that compensation may be paid in the circumstances of the claim, shall assess the compensation and direct the payment thereof.

12. Control of trade animals

(1) The Minister may, by notice published in the Federal Gazette, specify the areas to which the provisions hereunder shall apply.
(2) The Minister or Commissioner may by notice published in the Federal Gazette establish more inspection stations and control posts at specified places.
(3) The control of trade animals prescribed under this Act shall be exercised by the Director, Federal Livestock Department or the Chief Veterinary Officer, as the case may be.

(4) Any person in charge of trade animals entering from any place outside Nigeria into any area in Nigeria shall move all the animals by the most direct route to the nearest control post.
(5) Where trade animals have been purchased, the person in charge shall, before moving them out of the area where they were situated at the time of purchase, move them to the nearest control post within such area.
(6) Where trade animals are being moved from one area to another for the purpose of being slaughtered they may be moved without restriction, provided that, the distance to be travelled does not exceed thirty kilometres measured by the most direct cattle route and there is no control post along such route.

(7) Where trade animals are transported by rail or road for a period exceeding twelve hours the person in charge shall be required to stop to feed, water and rest such animals every twelve hours.
(8) Where trade animals are transported by road or rail-
(a) horned animals shall either be securely tied or separated by a partition from polled animals;
(b) animals of different sexes or age groups shall also be separated;
(c) cattle shall be separated from sheep, goats and pigs;
(d) to provide adequate ventilation in the lorry, a vehicle of size 7.93m x 2.1 m x 2.74m (26′ x 7′ x 9′) shall carry not more than five cattle, sixteen to eighteen calves, 100 -110 pigs (on two decks) and l70 – 190 sheep (on three decks);
(e) the height between two decks shall be at least 0.86m – 1.14m (2′.10″ – 3′ .9″);
(f) vehicles with three decks shall have a permanent roof.

(9) Where trade animals are carried on a vehicle, loading or unloading ramps shall be installed to reduce the
incidence of fractures and bruises.

(10) The person in charge of any trade animal shall, before removing them from any control post, obtain from the authorised officer, a veterinary movement loading permit in the form set out in the Ninth Schedule to this Act (in this Act referred to as “movement permit”) in which shall be set out the route to be followed and the control posts through which all the animals shall pass. [Ninth Schedule.]

(11) Any person in charge of any trade animal shall, until the destination mentioned in the permit has been reached, at all times keep such permit in his possession and shall on demand produce the same for inspection by any authorised officer.

(12) An authorised officer shall inspect any trade animal brought to any of the control posts specified in the Third Schedule to this Act and the authorised officer may, if he thinks fit, brand or affix any identification mark to such animals and he may for the cure or prevention of any disease detain such animal for the purpose of observation or treatment at a control post.

13. Veterinary loading permit for trade animals

(1) No trade animal shall be loaded on a railway wagon, motor vehicle, river or ocean vessel or on any aircraft for transportation from one area to another unless the owner of such animals is in possession of a movement permit issued by the authorised officer.

(1) In respect of each consignment of trade animals, the movement permit shall be in the form set out in the Ninth Schedule to this Act and shall be valid for a specific journey only.
[Ninth Schedule.]

(3) The movement permit shall not be issued unless the authorised officer is satisfied that the provisions of this Act in respect of trade animals have been complied with and that such animals are in his opinion, fit to travel.

(4) A movement permit shall only be issued to a person who has been duly authorised under this Act.

14. Trade animal licence

(1) The owner of a trade animal licence shall not transport such animal by rail, motor vehicle, river or ocean vessel or by aircraft unless he is the holder of an annual licence granted in that behalf by the authorised officer.

(2) An annual licence shall be granted only to an owner who, during twelve months prior to the date of the granting of such licence, has transported by rail, motor vehicle, river or ocean vessel or by aircraft not less than 1,000 animal units.

(3) An annual licence shall not be transferable and shall be in the form set out in the Seventh Schedule hereto and the fee payable shall be N100.
[Seventh Schedule.]

(4) An owner of trade animals who has not qualified for an annual licence may be granted a temporary licence which shall be valid for a period of three months including the month of issue.

(5) A temporary licence shall not be transferable and shall be in the form set out in the Eighth Schedule to this Act and the fee payable shall be N35.
[Eighth Schedule.]

15. Contravention of sections 13 and 14

(1) Any person granted a licence under section 14 of this Act who fails to drive or take the trade animal through the specified route and control post contravenes the provisions of this Act, provided that, no animal infected or suspected of being infected with disease shall be driven, taken or moved, except in so far as may be necessary for effective isolation or for procuring food and water pending the direction of the authorised officer.

(2) A person shall not be deemed to have contravened section 13 of this Act where he sells any or all of his animals before securing the place or destination mentioned in the permit, provided that, no animal infected or suspected of being infected with disease shall be sold except with the authority of the authorised officer; but he
shall-
(a) in the case of slaughter or sale of one or more animals in respect of which the movement permit has been issued, report the fact of such slaughter or sale at the next control post on the prescribed route, and in the case of any sale, full particulars of the place, date and the names of the purchaser; or
(b) in the case of slaughter or sale resulting in the disposal of all animals in respect of which the movement loading permit has been issued, report the fact of such slaughter or sale either to the next control post on the prescribed route or the control post which he last departed from and in the case of any sale, full particulars of the place, date and name of the purchaser or purchasers.

16. Duties of an owner of trade animal

The person in charge of any trade animal which shows any symptoms of suffering from any disease or dies while in the process of being moved from one place to another, shall report the illness or death of such animal to the authorised officer on arrival at the first inspection station or control post, along the prescribed route, and in the case of death of the animal, shall dispose of the carcass as directed by the authorised officer.

17. Offences of trade animal owner

(1) Any person who-
(a) fails to take any trade animal to a control post or fails to take them by the most direct route a provided by this Act or refuses to obey the instructions of the authorised officer regarding the inspection, treatment or detention of the animals in quarantine, or regarding the disposal of dead animals; or

(b) removes any trade animal from such inspection station or control post without movement permit; or
(c) fails to report the slaughter, death or illness of any trade animal; or
(d) fails to produce a movement permit for inspection when required to do so,
shall be deemed to have contravened the provisions of this Act.

(2) Any person contravening any provisions of this section shall on conviction be liable to a fine not exceeding N100 or to imprisonment for a term not exceeding thirty days for the first offence and to a fine not exceeding N200 or to imprisonment for a term not exceeding two months for each subsequent offence.

18. Control of hatcheries and poultry farms

(1) Any person who establishes or intends to establish a hatchery or a poultry farm of up to 250 birds shall be required to obtain a licence for its establishment from the Chief Veterinary Officer of the State in which the hatchery or farm is situate.

(2) All existing hatcheries and poultry farms of up to 250 birds shall be required to be registered within six months of the coming into effect of this Act.

(3) The owner of a hatchery or poultry farm shall manage and maintain such hatchery and poultry farm in a reasonable hygienic condition and comply with all vaccination measures in force in the State so as to prevent the outbreak and spread of disease.

19. Licence for hatchery and poultry farm

(1) A registration licence in the form set out in the Tenth Schedule to this Act shall be issued in respect of each hatchery or poultry farm established in any one location.
[Tenth Schedule.]

(2) The annual fee payable for a registration licence shall be N50 for each hatchery of more than 1,000 eggs capacity and N5 for a poultry farm with a flock of 250 but under 1,000, and N50 for a flock of 1,000 and above.

(3) Any person who contravenes the provisions of this section shall be guilty of an offence and on conviction be liable to a fine of not less than N50 and not more than N100 or the closure of the hatchery or poultry farm.

20. Powers of the Minister

The Minister may make regulations-
(a) prohibiting or restricting the importation by land, sea or air, either generally or from any specified country or place, of any animal or animal product, carcass, litter, fodder, biologic or any other thing by means of which disease may be carried by establishing a National Veterinary Quarantine Service;

(b) prohibiting or restricting the exportation by land, sea or air either generally or to any specified country or place, of any animal or animal product, carcass, litter, fodder, biologic, or other thing by means which disease may be carried;
(c) regulating the movement of animals for the purpose of trade and commerce between Nigeria and international borders, in order to prevent the spread of disease, through the direct administration by the Federal Livestock Department, of the quarantine stations and control posts listed in the Second and Third Schedules to this Act; and
[Second and Third Schedules.]
(d) for the declaration of any disease of national and economic importance and taking measures to control or eradicate such disease.

21. Regulations

(1) The Director or Chief Veterinary Officer, as the case may be, may, subject to the approval of the Minister or Commissioner, make regulations-
(a) providing for the examination, testing, isolation, inoculation, removal, disinfection, branding and slaughter of animals infected or suspected of being infected with any disease or such animal which may have been in contact with any diseased animal;

(b) prescribing and regulating the destruction, burial, digging up, disposal or treatment of any carcass or of any fodder, litter, utensils, pens, hurdles, faeces or any other thing being in an infected premises or removed therefrom;
(c) regulating the movement of animals within a State;
(d) prohibiting the movement of animals into an area in which there is suspected to be any disease, and for prohibiting or restricting the removal from any such area of any animal, carcass, litter, fodder, animal product, biologic or any other thing by means of which disease may be carried;
(e) declaring any area to be a controlled area for purposes connected with the control of any disease and for eradicating such disease from such area and for preventing its introduction or re-introduction thereto and for prohibiting and restricting the movement of any animal from any such area;
(f) the disinfection of persons, including the clothing of persons, who have been in contact with or employed about animals which are suffering or suspected to be suffering from disease;
(g) for the reporting of cases of disease or death amongst animals;
(h) for the disinfection of buildings or places wherein animals infected with disease have been stalled or kept, and the disinfection and cleaning of public markets, private sale yards, airports and sea ports, railway premises, railway vans, trucks and carriages wherein any animal shall have been placed, kept or carried;
(i) prohibiting in any place where disease exists the performance of any local customs likely to lead to the dissemination of such disease;
(j) requiring or regulating the branding of animals, prescribing the brands which may or shall be used and providing for the registration of brands;
(k) for the appointment of officers to carry out the provisions of any regulations made under this Act and conferring upon them all necessary powers;
(l) prescribing and regulating the seizure, detention, disposal and forfeiture of any animal in relation to which any breach of any regulation under this Act or of any order or instructions under any such regulation has
been committed and for determining the person who shall be liable to defray the expenses of such seizure, detention, and disposal;
(m) prescribing the fees to be paid for any examination, inoculation, testing, disinfection, or for any certificate, licence, permit or other things issued or done under any regulation made under this Act, and the payment to be made for the feeding and stabling of any animal in quarantine;
(n) prescribing the cases in which compensation may be paid to the owners of any animal slaughtered, or to the owners of any carcass destroyed because it is suspected of being infected with disease, under powers conferred by any provisions of this Act and determining the amount of such compensation and the funds out of which such compensation shall be paid;
(o) prescribing the proof required that an animal or carcass is infected with disease or is suspected of being infected with disease;
(p) prescribing and regulating the construction, position and proper sanitary maintenance of any place where an animal is kept; and
(q) generally for the prevention of the introduction and spread of any disease and for giving effect to the purposes of this Act.

(2) Any regulations made under this Act shall have effect from the date of its publication in the Federal Gazette or such later date as may be specified therein.

22. Burden of proof by owner of diseased animal

When an owner or person in charge of any animal suffering from disease is charged with an offence against any of the provisions of this Act, he shall be presumed to have known of the existence of such disease in such animal unless he satisfies the court that he had no such knowledge and could not within reasonable time have obtained such knowledge.

23. Interpretation

In this Act, unless the context otherwise requires-

“animal” means horse, mule, donkey, camel, cattle, cow, bull, bullock, heifer and calf, buffalo, sheep, goat, swine, dog, cat, laboratory animal, wild animal and for purposes of this Act includes bird, rabbit and poultry (domestic fowl, turkey, duck, goose, parrot and any birds of the parrot family, pigeon, guinea fowl and ostrich);
“animal product” means egg, milk, semen or any other part of the animal;
“animal unit” means one animal unit which is equivalent to one cow or camel or five sheep or five goats;
“area” means an area to which this Act applies;
“authorised officer” means any officer including a veterinary surgeon in private practice, authorised by the Director or Chief Veterinary Officer of any State, either in writing or by notice in the Federal Gazette, to perform a duty or to exercise a power in relation to which the expression is used;
“biologic” means any of the substances commonly known as vaccine serum, toxin, antitoxin, antibody and antigen used in veterinary practice;
“carcass” means the carcass of an animal and includes part of a carcass and the meat, bone, hide, skin, hoof, horn, wool, hair, blood, offal or any other part of animal separately or otherwise or any part thereof;
“Chief Veterinary Officer” means a veterinary officer appointed by the State Government charged with the overall responsibility for matters relating to animal health and production;
“Commissioner” means a Commissioner of a State charged with the responsibility for matters relating to animal health and production;
“control post” means an established area along trade cattle routes at international and inter-State borders or within the States with facilities for inspection, examination, vaccination and treatment of trade animals;
“Director” means the Veterinary Officer who has overall responsibility of the Federal Livestock Department;
“hatchery” means an establishment where poultry eggs are incubated and hatched for the purposes of sale and distribution;
“infectious agent” means any organism such as Virus, bacteria, fungus, protozoa, helminth, or their vectors causing disease in animals;
“inspection station” means an established area within a State along the cattle route with facilities for inspection and examination of trade animals;
“local government” shall be deemed to include the Chairman, the Secretary and the staff of the Veterinary Department of a Local Government Area;
“magistrate” shall be deemed to include a Justice of Peace and an area court judge, as the case may be;
“Minister” means the Minister charged with the responsibility for matters relating to animal health and production;

“premises” means house, tenement, land, farm, hatchery and includes rail wagon, motor vehicle, river or oceangoing vessel or aircraft;
“prescribed officer” means a person duly authorised by the Director, Chief Veterinary Officer or the Local Government, as the case may be, to perform a duty or exercise a power in relation to which the expression is used;
“poultry farm” means a farm where a flock of poultry is raised for the purpose of sale and distribution;
“quarantine station” means a designated place where animals with their boxes, rugs, kennels and other appurtenances which have come from infected or suspected to be infected countries or areas are detained at the frontiers, ports of entry or at other officially designated areas where they are temporarily kept before being allowed
to mix with local stock or for restricting the movement of local stock infected or suspected to be infected with disease while under observation, disinfection and treatment;

“trade animal” means cattle, sheep, goat and camel, horse, donkey, pig, intended for slaughter or for use as a pack animal whether coming overland or by air or sea from any place outside Nigeria or purchased in and intended to be moved out of an area; but does not include cattle proceeding to grazing ground, and not intended for sale or for use as pack animals;
“Veterinary Officer” means a Veterinary Surgeon in the service of the Federal, State or Local Government;
“Veterinary Surgeon” means a professional veterinarian duly registered to practise by the Veterinary Council in Nigeria.

24. Short title

This Act may be cited as the Animal Diseases (Control) Act.

SCHEDULES

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