Environmental Sanitation Edict, no. 4 of 1986, Chapter 49

(' J Environmental Sanitation CHAPTER49 ENVIRONMENTAL SANITATION [CAP. 49 AN EDICT TO IMPROVE ENVIRONMENTAL SANITATION PRACTICES IN THE CoMMUNITY AND SAFEGUARD PUDLIC HEALTH 649 BOS 3 of 1986. BOS 4 of 1986. DOS I of 1990. [II J1111el 986) Date of commence­ ment. 1. This Edict may be cited as the Environmental Sanitation Shon ,;11c. Edict. 2. In this Edict, unless the context otherwise requires:- "Commissioner" means the Commissioner for Health and Social Welfare of the State; "Coun" means the Environmental Sanitation Coun; for the avoidance of doubt any reference in this Edict to any coun shall be construed to be a reference to the Environmental Sanitation Court; "Government" means the Government of the State; "health officer" includes a medical officer, a sanitary inspec­ tor, a sanitary overseer, a health inspector and other health s1aff whether in the service of the State Government or any of the State local governments; "medical officer" means a qualified medical practitioner em­ ployed in the service of the State Government; "nuisance" means any of the things listed in the Schedule to this Edict; "person" includes any company or association or body of persons, whether incorporated or not; "premises" includes buildings, lands, vehicles, tents, drains, ditches and places whether open or enclosed; and "State" means the Borno State of Nigeria. Interpreta­ tion. DOS 4 of 1986. .. 650 App<>inl• mentor mcdlct.\ officers. Pov.·cn of a medico\ office,. Du11csof u medical off1etr. Righi of Enuy. CAP. 49] Environmemal Sanitation 3. The Commissioner may assi~ n m1:1iica\ officer to be in cha1t,c I){ any area, for the purpose of this Edict. 4. A medical o!Ttcer shall have the power, personally or through other heallh o!Ticers 10:- (a) enter and inspect premises at reasonable hours in order 10 detect any nuisance; (b) direct sanitary work and give instructions generally 10 sanitary inspectors and occupiers of premises; (c) order the destruction of any animal which he has reason 10 believe is likely 10 be agen1 in 1he transission of an infectious disease; and (d) cause any person suffering or suspected 10 be suffering from an infectious disease, lo be removed 10 a Govemmenl bospiial or any 01her place provided by 1be Governmen1 or a local govemmen1 10 be de1ained I here un1il he is no longer a danger 10 the public. 5. It shall be lhe du1y or a medical officer 10:- (a) exercise the powers ves1cd in him by 1his Edict; (b) ins pect the ~rea 10 which he is assigned and to aba1e any nuisance on II; (c) serve an abatement nolicc on any person from whose act or dcfauh a nuisance arises or con1inues, or on the owner or occupier of the premises on which the nuisance arises requiring him 10 aba1e lhe nuisance wi1hin a specified time: and 10 prevent a recurrence of the nuisance; {d) inspec1 at reasonable hours any meal, pouhry, game, fish, vegetables, grains, bread, flour or 01hcr provisions exposed for sale or any prepara1ion for sale in1ended for human consumption; and (e) where any of 1hc things men1ioned in (d) above is found 10 be until for human consump1ion, condemn and order same 10 be dcs1royed. 6.-:-( I) A health officer may en1er any premises and inspect at any 11me belweea the hours of six in lhe morning and six in 1he Environmental Sanitation [CAP. 49 evening, for 1he purpose of examining a nuisan ce, 1o de1ermine whc1her an aba1emcn1 notice has been comphed wtlh, or for serving an abatemen1 notice. (2) Where admission to premises is denied, a~y court of law may direct the person having custody of the premises 10 admit the health officer into the premises, and if no person having custody of the premises is found, !he court may authorise the health officer 10 forcibly enter 1he premises. 651 7.-{ I) II shall be the duty of every owner and occupier of any Dull .. or premises, 10 clear and kee11 free from a\\ ,i:,,uett,t1:>'I<,\\, 'Neeu~, ~\\\\, =p~r or m\:i'l:i\'>\\ a.nu te\-uo;,e 1:1\ an'j ue~n'l)\\on, e sueets at the front, back p=n, .... and both sides of the premises, 1ogc1hcr with the drains, gullers and channels on the s1ree1s. (2) Where there are two or more premises con1iguous 10 any street, drain, gutler or channel and facing each 01hcr, the owners and occupiers of each premises shall be responsible for keeping clean only part of the street, drain, gu11cr or channel nearest 10 !heir premises. 8. Every owner or occupier of premises shall provide proper Rubbuh rubbish receptacles for lhe purpose of keeping rubbish, prior 10 rcccpraclts. removal of 1he rubbish to an authorised collection site. 9. Every local government or authority responsible for the collection of refuse shall make adequate provision for public dustbins for the purpose of receiving and incinerating rubbish. 10.-(1) h shall be 1he du1yofevery Local Government 10 make adequa1e provision for public conveniences al all stralegic public places. (2) A person shall nol dcfeca1e in an open space or public place. 11.-( I) There is hereby established for 1hc purposes of this Edic1 an Environmen1al Sanitation Court 10 be presided over by a legal practitioner. (2) It shall be 1be duly of the court speedily 10 try and de1ermine cases arising from or under 1his Edic1. For lhis purpose the State is Pubhc dus1b1ns. Prons1on or public con­ ,,cmcnces.. E.s111bh.sh­ mcnt of Coun. BOS I of 1990. .. 650 App<>inl• mentor mcdlct.\ officers. Pov.·cn of a medico\ office,. Du11csof u medical off1etr. Righi of Enuy. CAP. 49] Environmemal Sanitation 3. The Commissioner may assi~ n m1:1iica\ officer to be in cha1t,c I){ any area, for the purpose of this Edict. 4. A medical o!Ttcer shall have the power, personally or through other heallh o!Ticers 10:- (a) enter and inspect premises at reasonable hours in order 10 detect any nuisance; (b) direct sanitary work and give instructions generally 10 sanitary inspectors and occupiers of premises; (c) order the destruction of any animal which he has reason 10 believe is likely 10 be agen1 in 1he transission of an infectious disease; and (d) cause any person suffering or suspected 10 be suffering from an infectious disease, lo be removed 10 a Govemmenl bospiial or any 01her place provided by 1be Governmen1 or a local govemmen1 10 be de1ained I here un1il he is no longer a danger 10 the public. 5. It shall be lhe du1y or a medical officer 10:- (a) exercise the powers ves1cd in him by 1his Edict; (b) ins pect the ~rea 10 which he is assigned and to aba1e any nuisance on II; (c) serve an abatement nolicc on any person from whose act or dcfauh a nuisance arises or con1inues, or on the owner or occupier of the premises on which the nuisance arises requiring him 10 aba1e lhe nuisance wi1hin a specified time: and 10 prevent a recurrence of the nuisance; {d) inspec1 at reasonable hours any meal, pouhry, game, fish, vegetables, grains, bread, flour or 01hcr provisions exposed for sale or any prepara1ion for sale in1ended for human consumption; and (e) where any of 1hc things men1ioned in (d) above is found 10 be until for human consump1ion, condemn and order same 10 be dcs1royed. 6.-:-( I) A health officer may en1er any premises and inspect at any 11me belweea the hours of six in lhe morning and six in 1he Environmental Sanitation [CAP. 49 evening, for 1he purpose of examining a nuisan ce, 1o de1ermine whc1her an aba1emcn1 notice has been comphed wtlh, or for serving an abatemen1 notice. (2) Where admission to premises is denied, a~y court of law may direct the person having custody of the premises 10 admit the health officer into the premises, and if no person having custody of the premises is found, !he court may authorise the health officer 10 forcibly enter 1he premises. 651 7.-{ I) II shall be the duty of every owner and occupier of any Dull .. or premises, 10 clear and kee11 free from a\\ ,i:,,uett,t1:>'I<,\\, 'Neeu~, ~\\\\, =p~r or m\:i'l:i\'>\\ a.nu te\-uo;,e 1:1\ an'j ue~n'l)\\on, e sueets at the front, back p=n, .... and both sides of the premises, 1ogc1hcr with the drains, gullers and channels on the s1ree1s. (2) Where there are two or more premises con1iguous 10 any street, drain, gutler or channel and facing each 01hcr, the owners and occupiers of each premises shall be responsible for keeping clean only part of the street, drain, gu11cr or channel nearest 10 !heir premises. 8. Every owner or occupier of premises shall provide proper Rubbuh rubbish receptacles for lhe purpose of keeping rubbish, prior 10 rcccpraclts. removal of 1he rubbish to an authorised collection site. 9. Every local government or authority responsible for the collection of refuse shall make adequate provision for public dustbins for the purpose of receiving and incinerating rubbish. 10.-(1) h shall be 1he du1yofevery Local Government 10 make adequa1e provision for public conveniences al all stralegic public places. (2) A person shall nol dcfeca1e in an open space or public place. 11.-( I) There is hereby established for 1hc purposes of this Edic1 an Environmen1al Sanitation Court 10 be presided over by a legal practitioner. (2) It shall be 1be duly of the court speedily 10 try and de1ermine cases arising from or under 1his Edic1. For lhis purpose the State is Pubhc dus1b1ns. Prons1on or public con­ ,,cmcnces.. E.s111bh.sh­ mcnt of Coun. BOS I of 1990. ,. 652 CAP. 49) E11viro11111emal Sanitation divided into five zones (as set out in the Schedule hereto) with a Coun for each Zone. (3) The composition of each of the Zonal Couns shall bc:­ (a) the Resident State Counsel as the Chairman; (b) the Divisional Police Officer; and (c) a Health Officer. Provided that the composition of the Metropolitan Zonal Coun shall bc:- (a) a legal practitioner appointed by the Auorney-General of the State to be referred to as the President; (b) a Health Officer; and (c) a representative of the Nigeria Police. (4) A Siate Counsel or a Police Officer shall prosecute all cases under this Edict. (5) The Court shall have all the powers, immunities and privi­ leges of a Magistrates' Court. Jurisdic11on 12. The Court shall have the jurisdiction to try all cases or i'6g•1 ~1un. mailers arising under this Edict in any part of the State: 1990. Powers and procedure of lhc Coun, BOS I of 1990, Provided that an appeal from the decision of the Court shall lie to the High Court. 13.-(1) The Court shall have powers to try and to impose punishment provided by this Edict and in addition the Court shall have powers:- • (a) 10 fine on the spot any person or body corporate that commits an offence under this Edict; (b) to issue an abatement notice in appropriate cases on any owner, caretaker or occupier of any premises in respect of any nuisance:- (i) giving particulars of nuisance to be abated; and (ii) staling the period within which such nuisance shall be abated. (2) Without prejudice lo the provision of this Edict, where at the expiration of the period stated under sub-paragraph (ii) of 1 l E11viro11111e111a/ Sa11i1atio11 [CAP. 49 paragraph (b) of subsection (I} of Section 13 of this Edict, the nuisance to which the notice relates to had not been abated, the coun shall summarily try the offender and impose appropriate penalty. (3) The procedure of the coun shall be the same as the proce­ dure of a Magistrate Court. 14. A medical officer, health officer or any other person authorised by the court may arrest without warrant any person who commits an offence under this Edict and that person so arrested may be arraigned before the court for prosecution. 653 Power or arrest. 15. Any person who contravenes the provisions of this Edict, Offence. or refuses to comply with an order or a directive by a health officer, commits an offence. 16. Any person who commits an offence provided by this Penally. Edict, shall be liable:- (a) for the first offence, to a term of imprisonment not exceed­ ing one month or to a fine not exceeding five hundred naira or both; in the case of a body corporate, to a fine not exceeding five thousand naira; and (b) for subsequent offences, to a term of imprisonment not exceeding three months or to a fine not exceeding one thousand naira or both; in the case of a body corporate, to a fine not exceeding ten thousand naira. SCHEDULE t (a) obstruction, excavation, throwing or laying on any street or tenement whether occupied or not, or on any space, other than place set out by the proper authorities for such purpose, any rubbish or offensive matter. (b) premises in such a condition as 10 be injurious to the health of any person; (c) any noxious matter into any public street or into guucr or side channel of any street; ,. 652 CAP. 49) E11viro11111emal Sanitation divided into five zones (as set out in the Schedule hereto) with a Coun for each Zone. (3) The composition of each of the Zonal Couns shall bc:­ (a) the Resident State Counsel as the Chairman; (b) the Divisional Police Officer; and (c) a Health Officer. Provided that the composition of the Metropolitan Zonal Coun shall bc:- (a) a legal practitioner appointed by the Auorney-General of the State to be referred to as the President; (b) a Health Officer; and (c) a representative of the Nigeria Police. (4) A Siate Counsel or a Police Officer shall prosecute all cases under this Edict. (5) The Court shall have all the powers, immunities and privi­ leges of a Magistrates' Court. Jurisdic11on 12. The Court shall have the jurisdiction to try all cases or i'6g•1 ~1un. mailers arising under this Edict in any part of the State: 1990. Powers and procedure of lhc Coun, BOS I of 1990, Provided that an appeal from the decision of the Court shall lie to the High Court. 13.-(1) The Court shall have powers to try and to impose punishment provided by this Edict and in addition the Court shall have powers:- • (a) 10 fine on the spot any person or body corporate that commits an offence under this Edict; (b) to issue an abatement notice in appropriate cases on any owner, caretaker or occupier of any premises in respect of any nuisance:- (i) giving particulars of nuisance to be abated; and (ii) staling the period within which such nuisance shall be abated. (2) Without prejudice lo the provision of this Edict, where at the expiration of the period stated under sub-paragraph (ii) of 1 l E11viro11111e111a/ Sa11i1atio11 [CAP. 49 paragraph (b) of subsection (I} of Section 13 of this Edict, the nuisance to which the notice relates to had not been abated, the coun shall summarily try the offender and impose appropriate penalty. (3) The procedure of the coun shall be the same as the proce­ dure of a Magistrate Court. 14. A medical officer, health officer or any other person authorised by the court may arrest without warrant any person who commits an offence under this Edict and that person so arrested may be arraigned before the court for prosecution. 653 Power or arrest. 15. Any person who contravenes the provisions of this Edict, Offence. or refuses to comply with an order or a directive by a health officer, commits an offence. 16. Any person who commits an offence provided by this Penally. Edict, shall be liable:- (a) for the first offence, to a term of imprisonment not exceed­ ing one month or to a fine not exceeding five hundred naira or both; in the case of a body corporate, to a fine not exceeding five thousand naira; and (b) for subsequent offences, to a term of imprisonment not exceeding three months or to a fine not exceeding one thousand naira or both; in the case of a body corporate, to a fine not exceeding ten thousand naira. SCHEDULE t (a) obstruction, excavation, throwing or laying on any street or tenement whether occupied or not, or on any space, other than place set out by the proper authorities for such purpose, any rubbish or offensive matter. (b) premises in such a condition as 10 be injurious to the health of any person; (c) any noxious matter into any public street or into guucr or side channel of any street; 654 CAP.-49] Environmental Sanitation (d) accumul:u1011 or deposit of rubbish of any kind. decaying animal or vcgc:tablc matter, whether in 1hc: fonn of refuse, manure, dcca}cd or tainted food. or in any form whatsoever; (e) any stable. cowhousc, pigsty or other premises for the use of animals or birds which are in such a co,1dit1on as 10 be mjurious to the hc3lth of man, animals or birds; (./) any offensive trade not sited at an authorised place (dying pns, tannery. )oap making etc.); (g) premises on which hc:lpers or workmen arc: cmplo}cd and where sunablc and adcqumc saniiary conveniences are not provided: (h) any act, commbsion, place or thing which is or may be dangerous 10 health, life or propcny; (,) excessive noise-making. misu~c of public address sys1cm or indis­ criminate blowing of horn; and (J) excessive air pollu1ion by emission of smoke, fumes of dangerous &3ses and cmucn1 by fuctorics and m:inufacturing houses. SCHEDULE 2 'Z.one Compasition J-leadquaru•rs (i) Maiduguri Mc1ropolo1an, Konduga. Kaga and Dikwa Ma,duguri (ii) Bama. Askira/Uba and Gow,a Bama (iii) Fika. Fune, Potiskum/Nangcre, Bade, Gcidam, Nguru Kanamma and Machrna/Yusufari Po1islum (iv) Biu, Gujba, Damboa, Damaturu and Biu Shani/Kwaya-Kusar (v) Monguno. Kukawa. Ngala and Mobar Monguno t M 15 2 Cl s:Cari-mtEMet !:iOOlffftM E11viron111e111a/ Sanitation Board [CAP. 50 CHAPTER 50 ENVIRONMENTAL SANITATION BOARD 655 AN EDICT TO EsTADUSII AN ENVIRONMENTAL SANITATION 00ARD FOR BOSS of BORNO STATE 1986. [ 11 J1111e 1986) Daic of mcm. I. This Edfrt may be cited as the 0orno State Environmental C1101oon. Sanitation Board Edict. 2. In this Edict unless the context otherwise requires:­ ··Board" means the Domo State Environmental Sanitation Board established under Section 3 of this Edict; ··chairman" means the Chairman of the Board appointed under Section 4 of this Edict and includes any one for the time being exercising the functions of Chairman; ··commissioner" means the State Commissioner charged with responsibility for Public Heahh; "Coun" means the State Environmental Sanitation Coun; ··General Manager" means the General Manager appointed under Section 15 of this Edict and includes any person for the time being exercising the functions of a General Manager; ··Governor" means the Governor of the State; ··Member" means a Member of the Board and includes the Chairman; ··secretary" means the Secretary of the Board appointed under Section 15 of the Edict and includes any person for the time being exercising the functions of the Secretary; ··state" means the Dorne State of Nigeria. ln1crprc1a­ lion. 3.-(1) So soon as may be after the coming into operation of £,iabh>h• this Edict there shall be cst:1blished a body to be called the Borne n:::;' State Environmental Sanitation Board which shall have such