Wild Animals Law, 1965

.T H E WI L D A N I M A ,L.S L A.W , SECTIONS Arrangement or Sectlons PART 1. ~PREr;IM!NARY 1. Short title and commencement. 2. Interpretation. 3. Appointment of officers. 4. Appointment of Advisory Committee. PART 11. - PROHIBITED ANIMALS, SPECIALLY PROTECTED ANIMALS AND PROTECTED ANIMALS 5. Prohibited animals. 6. Permission fo'hunt pr-oh f b i t eo ana maLs , 7. Sp".oialJ.y'p";oJteicted animals and pl'otectedi ~ni.mals. 8. Licence to hunt specially protected animals and protected animals. 9. Cancellation and suspension of licence. 10. Hunting of female animals with young prohibited. 11.· Permission of licence covers assistants. 12. Killing animals in self defence. 13. Exemption from permission or licence. PART 111. - GAME RESERVES, ~AMF. sANCTUARIES AND CLOSE SEASONS. 14. Game Reserves. 15. Notice of int-"'n£ion to create game reserve. 16. Inquiry. 17. Judicial powers of the enquiring officer. 18. Submission of. report of inquiry. 19. Powers if the Minister with respect to rights admitted. 20. Notice as to final boundaries and settlement of rights and claims. 21. Appeal. 22. Order establishing game reserve. 23. Modification of orders. 24. Closure of ways and watercourses. 25. Extinguishment and restoration of unclaimed rights. 26. Extinguishment of rights for non-user. 27. Rights not to be alienated without consent of Minister. 28. Acts prohibited in proposed game reserve. 29. Restriction of entry to game reserve. 30. Offences in game reserve. 31. Game ~ ctuary. 32. Declaration of close season. PART IV. - RESTRICTION OF METHODS OF HUNTING AND DESTROYING WILD ANUIALS 33. Restriction on killing fish. 34. Prohibition of use of motor vehicle or aircraft to hunt or stampede animals. 2. E.N. Law No. 8 of 1965 Wild Animals SECTIONS PART V. ~ TRAFFIC IN TROPHIES 35. possession of trophies. 36. Onus of proof of lawful possession. 37. Declaration of throphy. 38. Disposal of throphy. 39. Government ownership of animals. 40. Disposal of animal which had become Government property. 41. Finding remains of elephants or rhinoceToS. 42. Finding pemains of other specially protected animals. PART VI. - GENERAL 43. Destruction of animals for necessity. 44. Where animal killed for necessity is an elephant. 45. Power to search for and seize animals. 46. Power of arrest. 47. Payment of information leading to conviction of offender. 48. Eggs of specially protected birds. 49. Prosecution. 50. Regulations. 51. Power of Court to confiscate arms or ither instruments. 52. Repeal of Cat. 232 of Laws of Nigeria 1948 Edition. SCHEDULES Assented 'to on th" 20th da.yof May, 1965. (L.S. ) Eastern Nigeria 1965, No. 8 A Law to provide for better control, Conservation, and Management of Wild Animals and for connected purposes (By Notice) BE IT ENACTED by the Legislature of Eastern Nigeria as follows PART I. - PREL1MINARY 1. This 'Law may be cited as the Wild Animals Law, 1965, and shall commence on a date to be appointed by the Governor by notice in the Eastern Nigeria Gazette. Title Date of commence ment Enactment. Short title and com. mencement. 4 E.N. Law No. 8 of 1965 Wild Animals Interpreta tion. Appointment of officers. Appointment Prohibited animals. (First Schedule) 2. In this Lat "animal" means a vertebrate or invertebrate', dead o~ ~livel,or apart thereof, and bird, reptile, f2sh, and the nest, egg or egg-shell thereof; "fire-arm" has the same meaning as in section 2 of the Fire- arms Act; "Government" means the Government of Eastern Nigeria; "hunt" includes intentionally to cause injury or attempt to cause in jury to an animal; "Minister" mean the Minister for the time being charges with responsibility for Wild Life Preservation; "trophy" means a prohibited animal or specially protected animal whether alive or dead or anything which is part of or produced from a prohibited animal or specially protected animal or part thereof, but does not include a part of such an animal which has by a bona fide process of manufacture lost its original identity; "wild animal" means an animal not normally found in a domesticated state. 3. For the purpose of this Law there shall be appointed a chief game warden, game wardens, and such other officers and employees as may be necessary. 4. (1) So soon as may be after the commencement of this Lay, the' Mi.nist6'r" may appoint a committee to be known as the Wild Animals Preservation Advisory Committee (hereinafter called the Advisory Committee). (2) It shall be the duty of the Advisory Committee to advise and make recommendations to the Ministel(. ':lll all matters and questions relating to the wild animals of Eastern Nigeria. (3) The .dviso~y Committee shall consist of a Chair man who shall be the chief game warden, and such number of other members not exceeding eight, as the Minister may determine. (4) The members of the Advisory Committee may be paid such remuneration and allowances as the Minister may determine. PART II. - PROHIBITED ANIMliliS, SPECIALLY PROTECTED ANIMALS, AND PROTECTED ANII1ALS. 5. The animals specified in the First Schedule are prohibited animals; 6. (1) The Minister may, on such conditions as he may specify, permit a person in writing to hunt a prohibited animals but so that such a permission shall be given only for important scientific purposes or for essential administrative reasons. (2) A person who hunts or is in possession of a prohibited animal otherwise than in accordance with a written permission of the Minister under this section is guilty of an offence: Penalty, a fine of five hundred pounds or imprisonment for three years or both. Wild Animals E. N. Law No. 8 of 1965 5 7. The animals spe~ified in the Second and Third Schedules are specially prot€cted animals and protect~ animals respectively Specially protecteded animals and protected animals. (1)8. The chief game warden may (a) with the approval 'of·'-h., Minister, grant a licence to a person to hunt or be in possession of a specially protected animal; or (b) grant a licence to a person to hunt or be in possession of a protected animal. (2) Subject to s.,ction 12, a person who hunts or is in 1fcrsse~nof a-..specia~~j;.§ct"danimal or a Ptl>te~ed animal,exc.,p~,,i\l:,accprdance with a licence gr-ant e d iunder- tlJ,is .ae c t Lon .Ls guilty of an offence: Pen;a:j.t:y, ,a ,fim' of one hundred -pounde or-O'mprisonment for six months or bot'h. 9. (-1) 'Wher",a- person' who nol\l.s,a lic,enee under section 8, is convictid of an offence underths ,L~W, t.hen-, (a) the court c9nvicting that person may, in add ition"to a~y other penalty imposed by this Law- . {i) canCel the licence, or (ii) s uape nd it for a specified period, and (b) the person, convicted shall produce the licence with auch-t i me as the .court may direct for the purpose .o r endorsement. (2) A licence whi'ch is suspended unde r- subsection (1) is, durip.g the period o'f suepe naao n;" of no effilct, and shall fOr that term be retained· in the custody of the Court. Cancellation and SUSp'en sien of licence, 10. A person whose licence is suspended shall during the perfod of suspension be disqual'ified from holding a licence under this La~. Notwi, thstanding sections 6 and 8, a person shall not hunt the'female of Ca) a prohi bHed'animal, (b) a specially pr-o t'ec'tied' a'dimal, or (c) ,a protectedammal " when th"t, animalisacc6mpanie-djby its young or the young of the same spe c i.ee un-Ies'S he is otherwise specially authorizildl$6"to do under j;his 1aw. (2) A person who withvut special auth?rity hunts the female of an animal oi the kind rnenti6ned in subsection.(1) in the circumstances mentioned in that SUbsection, is guilty of an offence~ Hunting of female animals with young prohibited. A permissioninwritinp;, or a licence issued under this Law covers (a) the holder ,a,>fld (b) any,other person, employed by the holder to aes i s t him. Penalty, a fine of one hundred pounds or imprisonment months qrboth. 11. (1) for six Permission Or licence covers assistants, 6 R.N. Law No.8 of 1965 Wild Animals Kill~ri~ animals in self defence. E~emption from permis sion or licence. ~1 li.Qt w.;ij;hst2Ild,ll!.'L§.!lbs~,cJi<Ul,'.1), a perfl on empl()~7'd to assist the hoLde r of a permission or ),:\,cence,sha!J not discharge any fire-arm in hunting the animal in respect of which the permissi4n or licence is issued. 12. (1) Notwithstanding anything contained in this Law, a person commits no offence under this law by ,r,,:ason only that in defenc,e 01 himself or his property or ,other person he kills (a) a prohibited animal, (b) a'"pecialiy protected animal, or (c) ap'rotected animal, (2) A person who kills an animal of the kind mentioned in'subsection (1)'l).nd iIi the circumstances specified in that subsection shalt, .nob ';<:>re thall'two weeks after the killing, report the jilling toa game warden. (3) Where the holder of ~ written permission or a licence under this La" kills, in defence of life or property, an animal covered by the permisflion or licence, the killing shall be deemed to have been by virtue of s~ch a permission or lit:/l;l1ce as the case may be, and the ,holder of the permission or licence shal). enter the animal kil).ed against the number of the species of animals which he is authorized to kill by the permission or licence. 13. A person residing in any area in Eastern Nigeria. who is entitled to traditional hunting rights may hunt a protected animal in that area without a licence provided his method of hunting does not involve a breach of a provision of this Law orthe regulations made thereunder. in a prominent position on the it is intended to declare a game reserve, and 15. III. - GAME RESERVES, GAME SANCTUARIES AND CLOSE SEASONS ~4. Subject to this Law, the Ministry may be order (a) declare an area to be a game reserve, or (b) define or alter the limits of a game reserve, or (c) declare that .an area shall cease to be a game reserve. (1) Before constituting an area a game res,erve, the Minister shall publish a notice in the Eastern Nigeria Gazette (a) specifYing, as nearly as may be, the situation and limits of the area watch it is proposed to declare a game reserve; (b) declaring that it is intended to constitute that area a game reserve; and (c) appointing, by name, an officer to be a Game Reserve Settlement Officer (hereinafter referred to as the 5ettlem~nt Officer) fot the proposed game reeerve. (2) Upon the public<J.tion ofa notice under subsection (1) the Settlement Officer shall (i) PART Notice of intention to cr-eate game reserve. Game reserves. (ii) in the offices of the Local Government council having jurisdiction in the area, and to be re"'d. Wild Animals . Inquiry. Judicial powers of the inquiring officer. (if) (iii) determine the limits of the land specified in the notice, and ' determine, with all such particulars as may be necessary to define their nature, duration, incidence and extent, all claims submitted to him or otherwise brought to his knowledge in respect of the area specified in that notice, and state whether he admits or rejects them wholly orin part. (1) For the purpose of an inquiry under section 16, the Settlement Officer may procure all such evidence, written or oral, and examine all such persons and witnesses as he may consider necessary and, without prejudice to the generality of the foregoing, may (a) require the evidence of a wttness to be made on such oath as cou+d be required of the witness if he were giving .evidence in a Magistrate's Court; (b) summon a person in Eastern Nigeria to attend an inquiry in order to giveevidence, and examine him as a witness or require him to ~roduce a document or other~hing in in hi~'·possesBion; (0) issue a warrant to compel the attendance of a person who has (i) been summoned to attend under paragraph (b), and filled to do so, and not excused the failure to the satisfaction 'of the Settlement Officer; (d) order the person mentioned in p~ragraph (e) to pay the cost of compelling his attendance incurred by reason. (b) (11) 17. and interpreted to the ibhabitants of the area n'every District or CountyCQurt situated or having jurisdiction in the are., in the ~anguage or languages commonly spoken in tha t area; and' (b) invite persons having claims to any ri~ or interest in, or respecting the land to be de cLar-ed a game reserve to make those claims; (c) fiX'; and in the"manner prescribed in paragraph' (a) make known a period (Not earlier than three months from the publication of the noti~e) within which, and a place to or at which, persons or communities claiming those rightaor interests shall either send to the Settlement Officer written statements of their claimeor appear before him and state orally' the nature and exte.nt of' their rights. 16. As soon as may be after the, expiration of the period fixed under paragraph (c) of subsection (2) of section 15 the Settlement Officer shall conduct an inquiry into (a) the limits and boundaries of the area specified in the notice .unde r- subs.ection (1) of seption 15, and the 'substance of all claims to rights in, over, or affecting .the land in the area specified in that notice, and upon the completion of the i~quiry shall compile a report thereof in which he shall (i) 8 E.N. Law No.8 of 1965 Wild Animals Submission or report of inquiry. Powers of the Minister with respect to rights admitted. Notice as to final bo un-, daries and settlement of rights and claims. of his 'J"e.f4>&al to obey the summons and in addition impose on him a fine pot e~ceeding fifty pounds which shall be recoverable in like manner as a fine imposed by a Magistrate's Court; (e) e rrte r- any land feor the purpose of obtaining inform~tlon or-evidence. (2) A person summonsed ul1,der this section who, without lawful excuse Or justification (a) refuses to a t t e nd as a witness, or (b) neglects, to make 1"11 answer or to produce a book, pape r .9r other document in his possession which hi, is requested to make or prodube. as the case may be, ,is ,guilty of an offence; Penalty, a tine of ten pounds~ 18. Upon the completion .of the inquiry the Settlement Officer shall submit a report to the Minister throup;h the chief game warden. 19. Where the chief game warden is a! t,ne o.pinion that the exercise of any rights or claims admi~ted would (a) stultify the objects of the proposed game reserve, or (b) seriously hinder.theef£icieht management of the game reserve he shall advise the Minister accoraihgly and thereupon the Ministermay either (c) extinguish those rights or claims upon the payment of adequate monetary compensation or the granting, i.n exchange, of similar rights on other similarly situated land within or without the final boundaries of -the proposed game reserve; or (d) confine or restrict those rights or claims to a specified area either within or without the final boundaries of the proposed game reserve, or restrict the exercise of those rights to specified times~f the year; or (e) amend the boundaries of the game reserve so as to exclude there from the area over which ~hose rights 0, claims have been admitted; or (f) add such rights as he considers just and 'equitable notwithstanding that the Settlement Officer has not admitted them; or (g) adopt wholly or in part a combination of any two or more of the foregoing methods of dealing with admitted rightl' or claims. 20. (1) The Minister shall, after considering the report and settling rights and claims in the manner prescribed under section jJ9 pUblish a notice in the Eastern Nigeria Gazette specifying (a) the lands which it is finally . intended to constitute a game reserve; (b) the rights which may be exercised within the game reserve and the area to which the exercise is confined or restricted; and (c) other .epe cLe.L conditions affecting the game reserve. Wild Animals E.N. Law No.8 of 1965. 9 21. 22. 23. (2) (1) (1) (2) (3) (4) (1) (2) The notice shall be made known to th~ people of the ares in the ~anner deBctibe~iin section 15 and be communicated to every person. who, or to the representative of every community which, made a claim to the Settlement Officer. Where a person who has made a claim on his own beh"'lf, or the r-e pr-e aent a t Lve of a community 'Which' has"made a claim, is aggrieved by the aet t Le ment of his claim or ri:ghtas decided by the Minister, h. may, within three months of the publication of the notice under ae.c t Lon 20, appeal to the High Court having jurisdiction in the area of the proposed, game reserve against thedecision of the Minister. The decision; on appeal, of the High Court shall be final. Subject to this section, the Chief j~stice may make rules of Court providing for the copduct of appeals before the High Court and for the Procedure to be followed and the method of tendering' evidence in those appeal s. If there is no appeal at thee~piration of the period specified in section 21 or, .if there has been an appeal, after the determination of the appeal, the Mil1iste·" ·may make an, ordJ'p coneattuting as a game reserire 'the,. land in resPl'.llt of which an eIiqiiiry has beeh held. 'The order e hall (a) define the limits of the land which constitutes the game reserve, and (b) set forth the rights which may be exercised within the game reserve :and. the.. area. to which the exercise. is confined or restricted, including such rights,' if any, as may have been. established by the High Court upon an appeal, 'and (c) contain such other conditions affecting the lands as the Minister may impose • The order shall. be published in the Eastern Nigeria Gazette end shall be made known to the people of the area by the Se t tLemerrt Officer in the meane r prescribed by. paragraph (a) of section 15 in respect of, a notice under subsectioIi (2) of section 14. Unless the Minister otherwise indicates, the date of publication of the· order. in the Gazette is the date JA which the land becomes a game reserve. The Minist'er may 'from .ti.me to time revise or modify, by order, an ordcrmadeunder section 22 after such inquiry ashe may think :fit. In revfsing or modifying an orde,r, the Minister may do ail or ar,y of ,th<il fo.li\..oWing acts (a) exercisethepowors po'nferred by section 19, (b) admit euch rigpt" as he may consider just and equi.tl'·ble, Cc) declare thattpe ,who:!.,"" or any part of the reserve .sh'l-ll .ce ase to, be a game reserve. Order establish ing game reserve .. Modification of Orders. 10 E.N, Law No.8 of 1965 Wild Animals Subject to tins sE!-ction a right in, over, or affecting any, land constituted a game reserve which'is unclaimed Or which is not in any way br6ugh't teo the Knowledge of .the Se'tt'lementOffi""",r at the time of an inquirTJ under ,seection 16 shall, for t'he punpoacs o.f this Law, be deemed extinguished as :frolll'~nQ. including the dat e of commencement of .an cr-de r made under section 22. (2) Notw:i,thstanding anything contained in this Law a person may,' with'in one year from the date of the'~ublicationofa notice undersection 20, claim any right of which he was possessed ,at the time of an inquiry under section 16 but which, for sufficient reason shown to the Hinister, he fai'l:ed to claim, and the Minister may admit and deal wi th the right in, such" manner as he is empowered to do under section 19. 26. A right in a game reserve, 'which is not exercis,ed for .:a period of ten years shall be deemed .t o have- been ext i ngui she.d , SUbject tu tbis Law or uthcrr wr~~t-&B law the Minister may close (a) a way, or (b) a watercourse, si tuated in a game reserve if another way or' watercourse which is.in his opiniun, equally conv e nie nt exist.s or is pz-ovLded., 25. (1) Extinguish ment of right for non-user. Extinguish ment and restriction of unclaimed rights. Closure of ways and water courses. 28. Rights not to be alienated without consent of Hinister. Acts pro hibited in proposed game reserve .. 27 (1) A person shall not alienate, whether by sale, mortgage, on transfer, a right affecting land included in a game reserve without the prior consent of the Minister and a sale, mortgage, or transfer effect without such a'consent shall be null and void. (2) A person who contravenes subsection (1) is guilty of an offence: Penalty, a fine, of thirty pounds or imprisonment for two months or both. (3) The Minister maY extinguish a right which a person attempts to alienate contrary to subsection (1). (1) During the period between the publication of the notice referred to in,su,bsection (1) of section 15 and the orderconstitut ihg the game reserve in accordaJ;lce with sE,ction 22, a person shall not acquire any right within the lands sp<ilcified in the notice otherwise than by auc cc s s Lon or under a grant or contract in writing entered into with the approval of the Minister. (2) Save as hereinafter provided, during the period specified in' subsection (1) a person shall not, w·ithin the lands affected by the notice referred to in that subsection (a) erect a new dwelling house, or (b) clear any land fo farming or cultivation ( c ) CJ1ll:. ,"" t~eon: .. (d) hunt, capture, or kill a wild animal. (3) Nothing in subsection (2) shall be deemed to prohibit an act done with the permission in writing of a game warden. I.ild Animal's E.N. Law No.8 of 1965 11 Game aanc t ue.r-y Offence in game reserve. Restrict~op of entry to game reserve. (b) ( c) (i) (j) A person who, in a game reserve, and without an authority under 'this Law 'or the regulations made thereunder (a) Jaunts Or takes pOssession of ,a wild animals, or takes any forest prcduce, Or uproots, burns, or strips the bark Or leaves from, or- otherwise damage e. a tree, or (d) sets fire to grass or her;bage, or kindles a fife without taking due precautinn to p~event its spreading, or (e) pastures, cattle Or permits cattle to trespass; or (f) digs, cuts, turns or ctiltivio.tes the sailor makes a farm or plantation, or (g) constructs a dam or weir across a river or str~amor otherwise obstructs the channel of a river Or stream, or (h) resides in or erects a new building or makes a camp, or fishes or attempts to kill a fish, Or ."ts ,,:,?nare, net, trap" or other instrument for the purpose of catChing or killing an animal or which is likely ~o catch, kill Or injure ap animal, or (k) d"ives or stampedes or ip any way disturbs unnecessarily an animal, is guilty of an offence: fine of one hundred pounds or imprisonment for six (2) (1)31. Nothing in this section shall be deemed to prevent theqhief game warden or a game warden acting on the instructions of the chief game warden from doing an ac t pr-oha bi t e d by sUQ,?,ection (1). In this 'section, ":fQr~st produce" has the meaning assigned to it,in the Forest Law. A County C-"ncil may, with the approval of the Minister (a) declare an area to he a game sanctuary, or (b) 'declare that a game sanctuary shall cease to be a game sanctuary. Save as otherwise provided in this Law or in the regulations, made therellnderj a person who hunts-a wild animal within the limits of a game sanctuary, is guilty of a.n-o f f'e nce s Penalty, a fipe Of one hundred pounds Or imprisonment for six months or both. penaJty, a months or both. (2) t~) A person who con~ravenes sUbsect~pn \1) or \2) isguiJ:t'y of an offence: Penalty," a fine of one'hundrerl pounds Or imprisonment for six 'mo'nths, 'or both. 29. (1} A 'pet"sO'n; other ;bll",n a game warden or other employee of :G,ovel'nlnenrtp On, duty,' shall 'not enter a game reserve -except, unde r-vt.ha authority of this Law or the regulations .made tihe r-e urrde r-, (2}A 'person 'who contravenes this section is guilty of an offence: Penalty, a fine of, thirty pounds or imprisonment for two mo n't hs .or- both. 30. (1) 12 E.N", Law No.8 of 1965 Wild Animals PART Declarat io n of close season. Restriction on killing fish. Prohibiting use of mater vehicle or aircraft to hunt or stampede animals .. Possession of trophies. 32~ (1) The Minister may from time to time by order qe<:larea period, of time to be a close season for any animal, whether a prohibited animal, a speciallJ protectE>d animaI'or'a protected,animal or other wild animal, and the declaration may be (a) ge ne r-a.L, or (b) restricted to the limits of' the area defined in the order. (2) Where a period of time has been declared a close season for an animal, a person who .hunts that animal within the"area in respect of which thE> close season applies, is guilty of an offence: !i'EW<J,lty, a fine of one hundz-e d rppunda or imprisonment for six months or both. ' IV. - RESTRICTIOHON METHODS OF HUN'rING AND DESTROYING WILD ANIMALS 33. 11. person who kills or captlIres any fish with poison or', without, the permission in writing of the Minister, with any dynamite or other explosive or any electrical method'or device, is guilty of. an offence: Penalty, a fine of one hundred po unds or imprisonment for six months, or both. 34. (1) 11. person who (a) shoots Ii wild animal from an aircraft , or from,a vehicle or craft propelled by mechanical means, or (b) uses an aircraft or mechanically propelled vehicle in such a manner as to drive away, stampede or disturb a wild animal, is guilty of an offence: penalty, a fine of thirty pounds or imprisonment for two months or both. (2) Nothing iri this section shall be deemed (a) to prevent a person from shooting, in accordance with this Law or the regulations thereunder, a wild fowl or crocodile from a launch or,other river craft, or (b) to affect the right of an occupier of land used for public purpose to use a motor vehicle or aircraft for the purpose of driving away. capturing or destroying an' animal found on such a land where the drving away, capture, or dei3truction is not contrary to a written law. PART V.-TRAFFIC' IN TROPHIES 35. (1) A person shall not possess a trophy or manufacturE> anything from a trophy unless (a) the trophy has bee n obt a i ne d in accordance with this Law and is registered as atrophy in accordance with section 37, or (b) the person is specifically authorized in writing by the Minister or other person appointed by the Minister for the purpose, to possess the trophy. E.N.Law ND. 8 of 1965 ) Government ownership of animals. Disposal of trophy. Disposal of alOlimal" which bas become Government Property. ~inding "remains of· elephant or rhinoceros. Onus of proof of :\.awful posse.asion. Declaration of trophy h person whu finds the carcaSe or remains of an elephant oz'rhinoceros with the ttl>SX 9' horn 'intact"shall r e por-t; t.hJ find to game warden wJ. thin two weeks of the finding. The Mini,si;e:r .!!,aydirect the payment of a reward to a perSon reporting a find unue r subsection ~1). (2) 37. (2) JI.' pe r-ao n who' contravenes the pr-ov a.aaons of SUbsection (1) is guilt:" of an offence: Pe,nalty, a fine of 'five hundred pounds or imprisonment for three years, or baU•• 36. In tAis Law the burden of prQ~ing that a trophy is lawfully obtained is ob fhe person who alleges thi'u 'it J.S so·cbtained. (1) A ,person possessing a trop!iy shall declare the trophy to.a.game warden who shall, upon satisfaat.ory proof by th~ possessor that the trophy has been lawfully: obtained, register the trophy and deliver to the possessor a free disposal permit in respect thereof in which the the trophy shall be identified. (2) Where a trophy has been dedlared and registered, the' game warden shall make identification marks on the trophy in accordance with,~~gulations made under section 50: and shall enter a descrip tion of the identification marks on the free disp()s,~,l permit (3) A-person who (a) pOssesses a trophy otherwise than in accordance wi t h this Law, or (b) fails to declare a trophy to a game warden-, is guilty of an offence: Penalty, a fine of thirty pounds or imprisonment for two. months or botih , 38. (1) j. person shall not sell, transfer, or o t he r-e wise dispose of a trophy which is not registered or in respect of which a free disposal permit has not been issued. (2) A person transferring, selling, or otherwise disposing o~atrophy shall, upon such a transfer, S'ale,' or disposi t i on , transfer with the trophy the relevant free disposal permit which shalel be proof that the possession of the trophy is lawful. (3) l\. person shall not purchase, receive, or other wise obtain from another person a trophy which is not lawfully obtained. 39. A wild animal killed' or captured in accordance with section 12 or section 43 or a c'ar caae Or remains reported to a game warden in accordance with section 41 shall be property of the Government. 40. The Minister may authorize the disposal, by sale or otherwise, of a wild animal or a part of wild animal which has become property of the Government by virtue of section 39. (1) Where (a) :Fi~cl,ing remains <If other specially protected animals. Destruction of animals for necessity. !tIher" animal killed for necessity is an elephant. Powe!' to search for and seize animals. \.7) Where thE! persoh repbrtir.g the find a n accor-dance with subsection (1) 'is the holder of a iicence to hunt elephant or ~hinoceros, he may take possession of the tusk or horn as the case may be, as if he had killed the animal from which the tusk or horn is taken by virtue of the licence. 42. Where a person finds the remains of a specially protected animal other than an elephant or a ~hinoceros and wishes to obtain possession thereof, he shall report the find to a game warden who ·may, on being satisfied that the circumsta~s of the finding to not constitute an offence, dispose of the remains to such a person on paJ ~ent of'such fees as may be Provided for in regulations undsr section 50. PART VI. - GENBRAL in order to proteot human life or any property or to prevent the destruction of crops, domestic stock, or of necessity in time of famine~ or (b) for any requirement relating to public health or public order, it is ah own' t.o the Minister or such other officer as he may appoint for the purpose that it is necessary or "xp"dient to capture or destroy a wild animal, the Minister or that other officer may authorize a person to capture or destory that wild animal. (2) An authorit.y given in accordance with this section snall (a) specify the number and species of wild animals that may be captured or destroyed; (b) specify the area within which the wild animal m&.y be captured or destroyed; (c) specify the period, not being more than three months at anyone time from the date of the authority, for which the authority shall be valid; and (d) prescribe the method by which the wild animal may be killed or cap tured, where or not such a method is allowed by this Law or the regulations made thereunder having regard to thepl:e'l'ention of unnecessnry suffering or destruction. 44. Where the animal killed in pursuance of and under an authority given ·undersection 43 is an elephant the person authorized to kill the aaiwalsball. within a period of not more than twenty-one days from the date of killing the animal, surrender the tusks cr. that ~animal to the chief game warden who shall then dispose of the tusks in accordance with the directions of the Minister. 45. Where ~ game warden suspects that an offence has been committed against the provisions of this Law or of the regulations made thereunder, he may himself search or authorize another person to search in his presence a baggage, page, vehicle, dwelling house, tent, caravan or article belonging to or under the control of the suspected offendel: or of the suspected offender'S agent or servant and if the game warden or that other person finds an animal or part of an animal appearing to him to. wild Animals. E.N. Law No. 8 of 1965 15 Power of arrest. Prose cut ion. Regulations J?ayment for information lea.ding to conviction of offend Eggs of specially protected birds. (a) the person is authorized SO to do under this Law, or (b) the bird is lawfully kept in a domesticated estate. A person who contravenes this section is guilty of an offence: fine of thirty pounds or imprisonment for two (2) J?enalty, a months or both. 49. In any proceeding for an offence against this Law or the regulations made thereunder the chief game warden shall be the prosecutor. 50 The Minister may make regulations for doing all or any of the following (a) regulating the application for, iSBue, form, conditions, and fees payab.Le in respect of a licence or permit to be issued under this Law; (b) prescribing or altering the number of ardma.Ls of a species or variety that maybe hunted by virtue of a licence issued in accordance with this Law; (c) prescribing or altering the limits of the areas in which an ,animal declared to be a specially protected animal or protected an1mal or other wild anima:!, not .so delcared may not be hunted, cap tured, or killed unless otherwise authorized under this Law; (d) regulating the possession, purchase, sale, transfer or disposal of a wild arrima.L; have been killed ur captured in contrave·ntron ofthia-Law or of the regulati.ons. made t he r-eunde r , he .,hial). seize and take that animal or that part nf thp ~l'l;ml\l and immedia.e1Y cause the offender to be proseCu.ed. 46. A game warden may arrest without warnant a person whom he reasonably aUapects of having committed an o£fence against this Law or the regulations made thereunder if that person.. (<i) on the demand of the gam. wardell. refuses to give nis name and address, or (b) gives. a name or address which ~s false or which the game warden has reason to believe to be t",lse, Or (c) is likely to ab,cond. and the game warden ahaLl, immediately cause that person to be prosecUted. 47. Where a fine is imposed in a proceeding under this Law Or a regulation made thereunder, the Court imposing the fine may at its dis~retion direct that when the fine is paid a sum not exceeding half the amount of the fine shall be 'paid to the person, if any, who game the· informat{on leading to the conviction. 48. (1) A person shall not take the egg or egg-shell of a b'ird wh.ich is declared by this Law to be a speCially protected animal unless (e) regula.ting the ma.nnfacture of any article from a trophy; (f) requiring the holder of a licence, permit, or authority issued in a.ccordance with this La.w to submit the licence, perm~t or a.uthority to a. prescribed officer for endorsement or for other purp,Os,e.; 16 E.N. Law No. 8 of 1965 wild Animals Power of Court to con fiscate arms or other instruments. Repeal of Cap. 232 of Laws of Nigeria, 1948 Edi t Lon, (g) providing for the issue of a duplicate where a licence or permit is .lost or destroyed; (h) prohibiting or regulating the capture or kill~ng of fish,whether a specified fish or not, either generally or in specified waters; (i) providing for the protection of spawning beds; (j) prohibiting the making or use of game pits, nets, traps or other instruments for the purpose of hunting wild animals either generally or in specified areas; (k) prohibiting the use of fire for the purpose of hunting a wild animal; (1) providing for the declaration, registration, marking, and identification of trophies. (m) prohibiting the possession or carrying of a specified kind of fire-arms, lamps, or other instruments when used or likely to be used or capable of being used for hunting; (n) requiring the holder of a licence issued in accordance with this Law to keep a true register of wild animals hunted, captured, or killed under the licence; (0) regulating the keeping of wild animals in captivity; (p) regulating the keeping of wild animals in wild animal ranching generally; (q) regulating the conditions of entry to game reserves and game sanctuaries; (r) regulating the management of game reserves and game sanctuaries; (s) declaring an animal to be vermin and declaring an animal not to be vermin and providing for.the eradication or control of vermin; (t) providing forthe fees at be charged under this Law; (u) generally for the purpose of carrying out the provisions of this Law. 51. Notwithstanding anything contained in this Law, where a person is convicted for an offence under this Law or the Regulations made thereunder committed with fire-arms or other instruments, the Court may in additiontto the prescribed punishment, order the confiscation or destruction of the fire-arms or other instruments. 52. The Wild Animal's Preservation Ordinance is hereby repealed. FIRST SCHEDULE ·.. ·.. "... ·.. ... ·.. Pan troglodytes. Gazella dama Taurotragus derbianus (Loxodonta africana. (Loxodonta cyclotis. Giraffa camlopardalis. Gorilla gorilla. Tricbe~us.aenegalensis Choeropsis liberiensis. Diceros bicornia. ... • •• ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. •••... ... ·.. ·.. ... ·.. ... Chimpanzee ••• ·.. ·.. • •• Dama Gazelle .. • 0 • ·.. ·.. Derby's Eland ·.. ·.. ·.. Dorcase gazelle ·.. ·.. Giraffe ... ·.. . .. Gorilla ·.. ·.. Manates .. ·.. ·.. ·.. Pigmy Hippotamus ·.. ·.. Rhinoceros ·.. ·.. Wild Animals E.N. Law No. 8 of 1965 17 ·.. ·.. ·.. .... Acinonyx jUbatus. ·.. ·." • 0; • (Colobus polykomos. (CoLo bua badius. ·.. ·." , (j.oxod.o nt a africana. (Loxod orrt a cyclotis. Caracal or DeBert Lynx Cheetah Colobus monkey Mature Elephant SECOND SCBEDULE ·.. pelis caracal. Hippopotamus, other than the Pigmy Hippopotamus Hippopotamus amphibius. European Stock Greater Bustard Great White Heron Klipspringer Situtunga Crowned Crane ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. Oreotragus oreotragus. Limnotragus spekii. Balearica pavonina pavonina" Ciconia species. Ardeotis arab stieberi. Casmerodiud albus Vultures Secretary Bird Ostrich ... ·.. ·.. .., ·.. ·.. ·.. ... ·.. ·.. ·.. melanorhyneos. Struthio camelus • Saggitarius serpentarius g ambae nsLs , All species. THIRD SCHEDULE Bushbucks or Harnessed Antelopes: Tragelaphus scriptus. Tragelaphus pietus. Tragelaphus signatus. Syncerus nanus. Alcelaphus buselaphus. Damalisous Keoyrigum. Cephalopus dosalis. Cephslopus niger. Cephalopus ogilbyi. Cephalopus rufliatus. Cephalopus silvicutor. Philantomba caerulus. Philantomba maxwelii. Silvicapra grimmia. Adenota kobo Adenota adolfi f:i'iderici. Adenota loderi. Kobus defasa. Redunca nigeriencis. Ourebia ouebi. Gazella rufifrons. P~tamochoerus porcus. Hippotragus equins. Bucorvus abyssinious. (pelecanus onoerotalus. (pelecanus refesens. (pelecanus roceus. ·.. ·..·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. 0 .• " ., . ·..·.. ·.. ·.. ·.. ·..·.. ·.. ·..·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. '" ·.. ... ·.. ·..·.. ·.. ·.. ·..·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. ·.. Pelican. West African Bushbuck Shari Bushbuck Ubangi Bushbuck •• , Bushcow or Buffalo Duikers: Bay Duiker Black Duike r ••• Ogilbys Duiker •• , Red Flanked Duiker yellow Backed Duiker Blue Duiker Maxwells Duiker •• , Grimus Duiker Hartebeests: Weastern Hartebeest Senegal Hartebeest Kobs: Buffons Kob Lake Chad Kob Benue Kob Waterbuch Reedbuck Oribi Red Fronted Gazelle Red River Hog ••• Roan Antelope ••• Abyssinian Ground Hornbill 18 E.N. Law No.8 of 1965 Wild 1 imals This printed impression has been carefully campared by me with the Bill which has been passed by the Legislative Houses and found by me to be a true and ~orrectly pr1nted copy of the said Bill. L. O. orr so Clerk of the Legislature.