Wild Animals Law, Chapter 174, no. 8 of 1965

� ;i i OC)(L0(� . .l!:i . 0 .LT (:;, r�-... ;) ��- .-) J� THE LAWS OF ABIASTATE OF NIGERIA 2005 �II:.'-iJSTRY OF JUSTICE ABIASTATE /\II copyrights reserved by the Government of Abia State of Nigeria @ [CAP. 174 Wild A11imals Law Section 25. 26. 27. 28. 29. 30. 31. Extinguishment of unclaimed rights Extinguishment of rights for non-user Rights not to be a.lienated without consent of Commissioner Acts prohibited in proposed game reserve Restriction of enlry to game reserve Offences in game reserve Game sanctuary Declaration of close season PART 4- RESTRICTION OF "METHODS OF ffiJNTD-iG ;\ND DESTROYrNG WILD ANllilALS Restriction on killing fish 4140 33. 34. Prohibiting use of motor vehicle or aircraft co hunt or stampede animals 35. 36. 37. 38. 39. .rn ➔ I. ➔2. 43. 44. 45. 46. 47. 48. 49. PART 5- TRAFFCC N TROPHfES Possession of trophies Onus of proof of lawful possession Declaration of trophy Disposal of trophy Government ownership of animals Disposal of animal which has become Government property Finding remains of elephants or rhinoceros Finding remains of other specially protected animals PART 6-GENERAL Deslmction of animals for necessity Where animals killed for necessity is an elephant Power to search for and seize animals Power or arrest Payment for infonnation leading to conviction of offender Eggs of specially protected birds Prosecution 50. Regulations 51. Power of Court 10 confiscate anns or other instruments SCHEDULES (CAP. 174 -H-+I JVild rl11imals Law Cllt\PTER 174 W[LD ANIMALS LAW ,\ Law to provide for hettcr control, conservation and management of wild animals and for connected purposes. I. 2. (20th :,,lay. 1965] P,\RT I - PR.ELIM11'ARY This LJ\\" ma� be cited :is thc Wild . \111mals LU\\. In tl11s I.aw ··animar· mcans .1 \'CrtebrJlc or invertebrate. dead or ali\·e. or J part thereof". aml not bird. rep1ilc. fish. and the nest. egg or egg­ shcl I LIH.;rcnf": ·•1irc-ann·· has the same meaning as in section 2 of the Fire-arms .\ct: ··6ovenm1c111·· means the Gtivernmem of Ahia State of Nigeria; ··11un1·· includes intentionally to cause injury or attempt to cause injury to an animal: ··c ommissiom:r·· mc-JJ1S the Commissioner charged with responsibility for Wile! Life Preservation: ··1rophy·· m1.:;111s a prohibited animal or specially protected animal \\ hctltcr alive or Jcad or anything which is part or produced from ,l prohibnc<l Jnimal or specially protected animal or pan thcn:,,r. but does not 1ndudc a part of such .in anim::il which has by a hrma jide process or manufacture lost its original identity: "wild arnmar· 1m;a11s an animal 1101 nonnally found in ::i drnm;s1icated state. E.:-1. Nos of 1965. ABSN No. l of 1991. Comme,1cenicnt \,r..,uon tn1crprct:.1100 (CAP. 174 41-12 Wild Animals law Appoinl111a1t ot" officers 3. for the purposes of this Law there shall be appointed a chief game warden, game wardens. and such other officers and employees as may be necessary. Appointment of Advisory Commiuce Pml11b1tcd -l. =infrnals. First 5. Schtdule Pcrm1ss1on ;o 6. hun I proh1b11ed ;1111m:1ls (1) (2) (3) So so\ln as may be after the commenccmem of this Law, the Commissioner may appoint a committee to be known as the Wild . imals Preservation Advisory Committee (hereinafter c:illcd the ,\dvisory Commiuee). lt sh:ill be the duty of the Advisory Commiuee to advise and make r.:comm..:ndations to the Commissioner on all matters and yucstions relating to the wild animals of Abia Stale of Nigeria. The \dvisory Commiuce shall consist of a Chainnan who shall he the chief game warden. ;md such number of other members nol ..:xcecding ..:ight. as the Commissivncr· may dctem1111e. (4) The members of the .-\t!visory Commiucc may be paid such remuneration and allowances :.is the Commissioner may t!ctenn I ne. Pi\RT :2 - PR.OJ IIBITED !\:'-{lM!..\S. SP[Clr\LLY PROTECT[O ANli\l,\LS .. \NO PROTECTED ANTMALS The animals specified in the First Schedul..: are prohibited animals. ( l) The Commissioner may. on such conditions .is he may specify. pcm1it a person in writing lo hunt a prohibited :inimal but so lhal such ;i permission shall be given only [or important :;cienlilic purposes or for essenti:il :.idministrativc reasons. (2) A person who hunts or is in possession of a prohibited animal otherwise than in accordance with a written pcnmssion of the Commissioner under this section is guilty ofan offence. Penalty: a tine of one thousand naira or imprisonment for tlm:c years or both. ICAP. 174 -l l-13 Wild ,foirnals Lmv 7. The animals specified in the Second and Third Schedules are specially protected animals and protected animals respectively. 8. ( l) 9. (2) (3) 10. ( l ) The chief game warden may- (a) with the approval of the Commissioner, grant a licence to a person to hunt or be in possession of a specially protected animal: or (b) gram a licence to a pcrson to hunt or be in possession or a protected animal. Subject to section 12. a person who hunts or is in possession of a spceiallv protected animal or a protected animal except in accordance with a licence gr:imed under this section is guilty of an offence. Penalty: a iinc of om: thous:md naira or imprisonment for six months or both. Where a person who holds a licence under section S is conviclcll ofan offence Lmdcr this Law, then - I a) the coun convicting that person may, in addiuon to any other penalty imposed by this Law - ( i) cancel the licence: or (ii) suspend it for a specified period: and (b) the person convicied shall produce the licence within such time as the Court may direct for the purpose of endorsement. ,\ licence which is suspendcd under subsection (1) is, during the period of suspension, of no effect and shall for that tem1 be retained 111 the custody of the Court. 1\ person whose licence is suspended shall during the period of suspension be:: disqualified from holding a licence under this I.aw. Notwilhslanding sections 6 and 8. a person shall not hunt the fomalc of (a) a prohibited animal; (b) a spccially protected animal; or \c} a protected animal. Spcct>Hy pr01cc1ed �111m:zl.s :nd pm1ectc:-d animals Licence 10 hunt spcc:1:illy prOlCCICd .1n1m:ils Jnd pro1cc:1eU ;m1nuls CJll<:dlJlh'O .111\1 \ll\pc:, .I\ 1 "'l 'u;:;ni:c I lu1111ng tH 1C111;1I� .:rn1nt:Jt::-. \\llh vnunt? prol11iu1t.:t!- 1•�1 O\ISjl0,"1 l,)f lu.:c11lt:\."U\'� ,:-.:�1\l:llll'i 11. (2) [CAP. 174 4144 Wild Animals law when rhat animal is accompanied by its young or the young of the same species unless he is othen,yise specially authorized so to do under this [.aw. A person who without special uuthority hums the female of an animal of the kind mentioncd in subsection (I) in the circumstances mentioned in that subsection. is guilty of an offence. A permission in writing, or a licence issued under this Law CO\"Cr.; (a) the holder; and (b} any other person employed by rhe holder 10 assist him. '\:otwithstanding subsection (I) a person employed to assist the holder o!" a permission or licence shall not discharge any lire-am, in hunting the animals in respeci of which the permission or liccnce is issued. Kdlin3 �111rr..lti J 2. (I) :--:otwithstanding anyrhmg contaim:d in this law. a person commits no ot1cncc under this L.1w bv reason onlv that in defence nfhimsclf or his property or otl;er person he, kills - n ..:lf�(f:ncc fl:Cr\\j\llOt\ lrnm (2) (3) (a) ,1 prohibited animal: or (b) a ,;pccially protected animal: or (c) a protected animal. ,\ person who kills an animal or the kind mentioned in subsection (I) and in the circumstances soecified in that subsection shall, not more than two weeks ;fter the killing, report the killing to a game warden. - Where the holder of a written p,;rmission or a licence under this I.aw kills. in defence of tile or property, an animal covered by the permission or licence, the killing shall be deemed to have been by virtue of such a permission or licence. as the case may be. and the holder of the permission or licence shall crller the animal killed against the number of the species or animals which hc is auth�rized to kill by the permission 01· lic.;nce. IJ. .-\ person residing in any area of .\bia State ot . H!.eria who is entitled to traditional hunting rights may hunt ,1 protected anim;i in that area [CAP.174 -H-+5 Wild Animals Law without a licence provided his method of hunting does not involve a breach of a provision of this Law or the regulations made hereunder. 15. P.\.RT 3 - GA,vlE RESERVES, GANIE SAt CTUARIES A, D CLOSE SEASONS Subject to this I.aw, the :Vlinisrry may by order - (I) (a} declare an area to be a game reserve; or !bJ dcfim: or alter the limits ofa game reserve: or ( �) declare that an area shall cease to be a game reserve. Before constituting an area a game reser;e, the Commissioner shall publish a notice in the Abia State Gazeue - (al speci f::,,ing. as nearly as may be. the situation and limits of the area which it is proposed to declare a game reserve: (hJ declaring that it is intending to constitute that area a game reserve; and re) arpoi111ing. by name. an officer to be a Game Reserve Settlement Officer thercinafter referred as the Settlement Officer) for the proposed game reserve. L 1pun thc pubhcanon of a nollee under subsection (I) the Scttlcmcnt Officer shall ( ,\) (bl (C) irnmediatdy cause the particulars or the notice to be published - (i) in a prominent position on the land it is intended to declare a game reserve. and (ii) in the offices of the local government council having jurisdiction in the area, and 10 be read and interpreteu to the inhabitants of the area 11t every Customary Court situated or having jurisdiction in the area. in the language or languages commonly spoken in that area; invite persons having claims to any right or interest in. or respecting the land to be declared a game reserve to make those claims: fix. and in the manner prescribed in paragraph la) make known a period (not c:u-lier than three months Notici.:nt' UHt:11\IUTl IC., crc:llc- g:une "'°serve ludu,;1:il pmvers ol1he ii1Gt11ring �uticc:r IC.-\ P. 1 7-t 4 1 46 Wild Ammals Lm, from the publication or the notice) wi1l1in which. and a place to or at which. persons or communities c laiming those rights or interests shall either send lO the Scn!emem Officer writ1en statements of their claims or :ippcar before him and state orally the nature and cxtem of their rights. 16. As soon as may be after the expiration of the period fixed under paragraph (e) of subsection (2) of section 1 5 the Settlement Officer shall conduct an inquiry inlO - 17. (1) (a) the limits and boundaries u t· the an:a specified in the notice under subsection ( l ) uf section ! 5 : and (b) the substance or all cl:iims to rights in. over. or :iffccting the land 111 the :irca specifie<l in that notice. and upon the compl.:-uun or the inquiry. shall compile a report thereof in which he shall ( 1 ) l ii l dctcm1111..: the l1mlls o r the land speci1icd in the notice: and Jete1minc. \\ 11h .ill such particulars as may be n..:cess:iry to <lclin..: th..:ir nature. dur:uion. incidence an<l extent. all claims submitted to him or otherwise brought 10 his knowledge in respect of the area specified in that notice, and state whether he adm11s or rejects them wholly or in part. for the purpose of an inquiry under section ! 6. the Settlement Officer may procure ,ti! such evidence. written or oral. and examine all such persons and witnesses as he may consider necessary and. wi1hout prejudice lo the generality of the forgoing. may - (a) require the ..:vith:ncc or a witness to be made on such oath as could be required of the witness if he were giving evidence in a Magistrate's Court; (bl summon a person in . .\bia State to attend an inquiry in order Lo give evidcnce. and examine him as a witness or require him to pro<luce a document or t)ther thing in his possession: (e ) (d ) [C.-\ P. l 7-4 -4 1 -47 Wild Animals Law issue J warrant to compel the auendance of a person who h:i.s - ( i) been summoned to at1end under paragraph (b). and (ii) failed to do so. and ( i i i ) not excused the failure to the satisfaction of the Senlement O fficer: 11rd..:r the person mentiom:d in paragraph (c) to pay th..: cust of compelling his ancndancc ineu1Tcd by 1·eason of his refusal to ohey the summons and in addition impose on him a fine not cxcceding one hundred naira which shall be recoverable in like: rnanncr as a fine imposed by a .v!agistra te's Court: enter any land for the purpose o f obtaining 1n 1om1ation or evidence. .\ p..:rson summoned under this section who. without Im, ful <.!'-CUSC I ll" JllSliftc:11ion - ( , 1 ) r..:fuscs 10 ;mend as a witness: or t h ) neglects to make an ans\\ Cr o r 10 produce a book. paper or other document in his possession wluch he 1s requested to make or produce. as the case may b..:. 1s guilty of an offence. Penalty: a tine of one thousand nairn. 1 8. Upon the rnmplction of the inquiry the Seu!ement Officer shall submit a report to the Commissioner through the chief game warden. 1 9 . Wh..:re the cit id game warden is o r th..: opinion that the exercise or any rights or claims ad1 1 1 ittcd would - (a ) �lulti fy the object 01 the proposed game reserve: or (b) seriously hinder the efficient managcm..:n t or the gam..: reserve. he shall advise the Commissioner accordingly and th..:reupun 1he Commiss1on..:r may ..:1 thcr (c l e:-. tinguish those rights or claims upon th..: payment of adcqua1c monetary compensation or the granong. in Suh1n"')'.,H 11 ,1 �pon 01 1114tnry t11w.cr 1 tf ' 1!L C 'onmu-;�,411 1 w11h �c�p..: .. 1 1i ngh1-.; :1dmlltL, I '\otu:c- :JS m bour.<larres �m� scith.:n.cnt m· nght5 :mJ cla1rns 20. 2 1 . I I ) ( I ) (d) (e) ( [) (g) (CAP. 1 74 Wild rl11i111als luw exchange, of similar rights on other similarlv sit11aced land within or without the final bour1dari�s of the proposed game reserve: or confine or restrict those rights or claims to a speci fied area either within or without the final boundaries of the proposed game reserve. or restrict the exercise of those rights 10 specified cimes of the year: or amem.l the boundaries of the game reserve so as to exclude therefrom the area over which those rights or claims have been admi11ed: or - al.id such rights as he considers just and equitable notwithstanding that the Settlement O ffic-:r has not admitted them; or udopt wholly or in pan a combination of anv two or more of the foregoing methods of dc:ili�g with admitted nghts or daims. - ·n1c . Con�missioncr shall. after considering the report and settling rights and claims in 1he manner prescribed under section 19 publish a notice in the Abia Statt: Ga-::ette speci fying - (a) the lands which it is finally intending to constitute a game reserve; (b ) the rights which may be exercised within the game reserve and 1he area to which the exercise is confined or restricted; and (c) other special conditions affecting the game reserve. The notice shall be made known 10 the people of the 3rea in the manner described in section 15 and be communicated to every person who, or to the representative of everv community which. made a claim to the Settlement O rticcr. Where a person who has made a claim on his own behalf. or the rcprcsentati vc of a community which has made a claim ts aggrieved by the settlement of his claim or neht as decided by the Commissioner. he may. withtn three �onths of 1he publication of th<.: notice under section 20. app-:al 10 the Hiah . "' 22. 23. (2) (J) ( 1 ) (2) (3) ( 1 ) (2) (CAP. 174 4 1 49 Wild Animals luw Court having jurisdic tion in the area of the proposed game reserve against the decision of the Commissioner. The decision. on appeal, of the High Court shall be final. Subject to this section, ihe Chief Judge may make rules of Court providing for the conduct of appeals before the High Coun and for the procedure 10 be followed and the method of tendering evidence in the appeals. ff there is no appeal at the expiration of the period ,;pecified in section 21 or, if there has been an appeal, after the detem1ina1ion o f the appeal. the Commissioner may make an order cons1it11ting as a game reserve the land in respect of which an enquiry has been held. The ordcr shall - [ a) dcrine the limits of the land which consrirures the game reserve: and (b) set f orth rights which may be exercised within the game reserve and the area to which the exercise is confined or restricted, including such rights. i f any as may have been establ ished by the High Court upon an appeal: and (c) contain such other conditions affecting the lands as the Commissioner may impose. The order shall be published in the Abia State Ga-::eae and shall be made known to the people of the area by the Settlement Officer in the manner prescribed by paragraph (2) of section I➔. Unless the Commissioner othe,,vise indicates, the date of publication of the order in the Abia State Gazette is the date on which the land becomes a game reserve. The Commissioner may from time to time revise or modify, by ord..:r. an order made under section 22, after such inquiry as he may think fit. ln n.:v1smg or modifying an order. the Commissioner may do all or any o r the following acts - (a ) e.�crc ise the powers conferred by section 19; Order i:s,ablishing game rescr11: Modification of order> (":osurc of WlYS ;llld w:itcr•,otirses [!'(lmguish• men, of un .... l:i1m1;d 1 1 t•hts E.'<llll!: ;Hi.sh­ tncnt uf 11ghl. ,111 l'lt.)IH,.1Scr ( b ) ( c) ICAP. 1 7➔ -t l 50 Wild A11imals Law admit such rights as he may consider just and equitable; 1kclare that the whole or any pan of the game reserve shall cease to be a game reserve. 2-t. Subject to this Law or other wrinen law the Commissioner may close - (a) a way; or (h) a wat..:rcoursc; situate in ,1 game reserve if another way or w.itcrcoursc which ts. 111 his opinion. equally com en,cnt exists or is proviJcd. 25. Subject to this section a right in. over. or affecting any land cons1iw1cd a game reserve which is claimed or which is not in an� way brought to the knowledge of the Settlement Olliccr ..11 tht: time or an inqmr1 under section 1 9 �hall . for the purposes or this l..:iw. be deemed .::x1 inguishcd as from and mcluding the date of commcnct:ment of :m order made undc.:r sccuon 22. Notwithstanding anything contained in this La,, a person may, within one year from th<.: c..lat<.: or the publication or a notice under s..:ction 20, claim any right of ,v hicb he was possessed :.ll the time of an inquiry under section 1 6 but which. for sulliciem reason shown to the Comm1ss10ner. he l"i.1i lcc.J to claim. and the Commissioner may admit :111d u..:al with the righl in such manner as he is empowered to do Ltn(lcr sccllon 1 9. 26. 1\ right in a game reserve which is not exercised for a period 1>1' ten years shall be deemed to have been extinguished. Rights nol 10 be 27. I I ) !\ pcrson shal l al ienate. whether by sale. mortgage, or transrcr. a right affecting land included in a 6ame reserve without the prior consent or the Commissioner and .i sale. mongagc. or transfer effected without .such a consent shall be nul l and void. :licoJted "'llh\lUI COOSC:nl '" ( \unm1ss10111:r : \ person who contravenes subsection ( I ) is gui l ty of" an o ffence. (3) 28. ( I ) (2) (3) 29. ( I ) 30. ( I ) [CAP. 1 74 -H S I Wild Animals law l'cnal1y: a fine or live thousand naira or imprisonment for two months or both. The Commissioner may ext inguish a right which J person attempts to alienate contrary to subsection ( I ). During the period between the publication of the notice referred 10 in subsection ( I ) of section 1 5 and the order constituting the game reserve in accordance with section 22, J person shi!II no� acquire any right within the lands specified in the notice otherwise than by succession or under a gram or contract in \\ riling emered imo •.vith the :ipprovai of the Commissioner. Sav..: as hereinafter providcu. during the pet·iod spccitied in subsection ( I ) a person shall not, within the lands affected by the notice referred to in that subsection - !a ) crcct a new dwdling house: or (b ) clear any land tor fanrnng or cultivation. or ( c) cut a tree: or ( d) hunt. capture, or kill a wi ld animal . :'-JoL h ing in subsection (2) shall be deemed to prohibit ;.m act Jone with the pennission in wri1ing or a game warden. A person who contravenes subsection ( I ) or (2) 1s guilty of .in offence. Penalty: J fine of two thousand naira or imprisonment for six 1110111hs: or bo1h. ,\ person. other than a game warden or other employee o r Gov<.:mmcnt o n duty, shall not enter a game reserve except undt.:r the authori ty or this L:iw or the regulations made hcrcuntkr. .\ person who contr:ivenes this section is gu ilty of an offence. Penalty: a fine of five thousand naira or 1 mpnsonment for 1 wo months or both. ,\ p..:rson who. in J game reserve. and without an authority und..:r ·h is I .aw or the regulation made hereunder - la) hunts or takes possession of a wild animal; or ,\cts proh,b11ed 111 proposed g:rn,c reserve Rt:-:mtctmn cf t:ntr/ lc> g:lmt: reserve Offences 111 ;;omc reserve i.11ni: Wl"t.':IUJry (b/ (c) (d) ( i.;) ( I) (g) (h) Ii) u, [CAP. 17-1 -+l52 Wile! A11i111als law takes any forest produce: or uproots. bums. or strips the bark or leaves. or otherwise dumages a tree; or sets fire to grass or herbage. or kindles a fire without taking due precaution to prevent its spreading; or pastures c:iulc or pem1its cattle 10 trespass: or Jigs. cuts. lllms or cuhi\'arcs the soil or makes a fa 1111 or pbniation: or constructs a dam or weir across a river or stream or otherwise obstructs the chann..:I of a ri,·er or stream; or resides 111 or erects a new building or makes a camp: or !is hes or :lllcmpts to ki II a fish: or sets ,1 snare. net. trap. Or oth<.:r instrumenr for tht: purpose of" catching or killing an animal or which is like!� lO catch. kill or injure an animal: or (k) dri\·cs ,,r s1;.m1pedes or m any wav Jisturbs unncccssanly an animal. 1s guilty 01· .m offc:icc. 1\:nalty: a tine or two thousand naira or imprisonment lor si,'C months or both. (2) Nothmg m 1h1s section shall be deemed 10 prc\·ent the chief wardi.:n or a game warden acting on the instrucrions of the chicC game warden from doing an act prohibited by suhscc1ion (I). (3) (I) l11 this section, ··rhrest produce·· has the meaning assigned to it in the Forest I.Jw ,\ local Jovcmmcnt council ma:. w11h the approval of the C 0111111 issioner (a) declare an area to be a game sanctuary. or (b) declare that a game sanctuary shall cease to be a game sanctuary. 32. (2) (I) (2) [CAP. 1.74 4153 Wild Animals law Save as otherwise provided in this Law or in the regularions made hereunder, a person who hunts a wild animal within the limits of a game sanctuary, is guilty of an offence. Penalty: a fine of two hundred naira or imprisonment for six months or both. The Commissioner may from time to time by order declare a period of time to be a close season for any animal. whether a prohibited animal, a specially protected animal or a protected animal or other wild animal, and the declaration may be - (a) general (b) restricted to the limits of the area defined in the order. \Vhcre a period of time has been declared a close season for an animal. a person who hums that animal within the area in respect of which the close season applies, is guilty of an offence. Penally: a fine of two thousand naira or imprisonment for six months or both. PART-+ - RESTRICTIO:--J' ON :VlETHODS OF Hl:'NTrNG i\1 "D DESTROYTNG WlLD ANCvIALS 33. A person who kills or capturt:s any fish with poison or. without the permission in writing of the Commission. with any dynamic or other explosive or any electrical method or device, is guilty of an offence. Penalty: a fine of two thousand naira or imprisonment for six months, or both. 34. (I) A person who - (a) �hoots :.i wild animal from an aircraft or from a vehicle or craft propelled by mechanical means; or (b) uses an aircrat't or mechanically propelled vehicle in such J manner as to drive away. stampede or disturb a wild animal. is guilty or an offence. Penalty: a fine of live thousand nai.ra or imprisonment for two months or both. Declantion of closcscnson Rcs1riction un killing lish Prohibitmg use of 1notor vehicle or oircr:11\ to hunt or s1:ur�c :1ninuls P1Jsscss1011 or trcmh,es Onus ,1t pmol o(lawful po��IClfl Decl:lr::uion ,u trophy (2) ( I ) [CAP. 174 4154 Wild Animals Law othing in this section shall be deemed (a) lo prcveni a person from shooting, in accordance with this I.aw or the regulations hereunder, a wild fowl or crocodile from a launch or other river craft; or (bl to affect the right or an occupier of land used for !)Ublic purpose to use a motor vehicle or aircraft for 1hc purpost: or driving away. c;:ipturing or destroying an animal found on such a land where the driving away. capture. or destruction is not con1rary to n "riucn law. l'.\RT 5 rRJ\FFTC !}." TROl'[[lES .\ pe�son shall 1101 possess :i trophy or manuf::icturc anything Crom a lropily L111less f .1 l ,he 1rophy has be::n ohtJmeJ in accordance wuh this I .• I\\, and is registered as ,t trophy 111 :iccordance with section J 7: or thc pt:rson is specirically :1urhorized in writing by the Commissioner or other person appomted by the Commissioner for the purpose, to possess the trophy. (2) 1\ pcrson who con1ravenes the provisions of subsection ( l) is guilty of an off..:nce. Penalty: a line or one thousand naira or imprisonment for thre..: years. or both. 36. In this l..11� the hurden or proving that J trophy is lawfully obtaincd 1s on the person who .1llcges that 11 is so obiamt:d. 37. ( l ) (2) ,\ person possessing a trophy shall declare the trophy to a game warden who shall. upon satisfactory proof by the poss ... -ssor that the trophy has been lawfully ob1a111ed. register the trophy and deliver to the possessor a free Jisposal p�rrnit 111 respect thcrcor in which 1he trophy shall be 1dcntified. WIH.:re a tropl1y has been declared anJ registered. the game wurdcn shall 111,1kc idemilica1ion marks on the 1roph:1 in ,1ccor<lancc with regulations ma<.k under section 50 ,111d shall (3) 38. t l) (2) [CAP.174 4155 Wild Animals Law enter ,1 declaration of the idenrification marks on the free disposal permit. A person who - (a) possesses :i trophy other.vise than in accordance with this law; or (b) faiis to declare a trophy to a game warden, is guilty ofan offence. Penalty: a fine of five naira or imprisonment for lWO months or bo1h. .-\ person shall not sell. transfer. or otherwise dispose or a trophy which is not registered or in respect of which a free disposal pern1it has not been issued. :-\ person rransterring, selling, or otherwise disposing of a 1rophy shall. upon such a 1ransler. sale. or disposuion. transfer with the trophy lhe relevan1 free disposal penni1 which shall be proof that the possession of the trophy is lawful. A person shall not purchase. receive, or otherwise obtain from ;mother person a troph:v- which 1s not lawfully obtained. 39. ,-\ wild :inim;tl killed or captured in accordance with section 12 or section --D or a carcass or remains reported to a g:ime warden in accordance with ,ection 4 I sh al I be property or the Government. 40. The Commissioner may authorize the disposal. by sale or otherwise. of a wild animal or J pan of a wild animal which has become property of the Government by vir1ue of section 39. 41. ( t) 12) /\ person who finds a carcass or remoins of an elephant or rhinoccros with the tusk or horn intact shall repon the find to a game warden within two weeks of the finding. rhc Commissioner may direct the payment of a reward to a person reporting a !incl under subsection (I). Where the person reporting the find in accord:u1ee with subsection ( I l is the holder of a licence to hunt elephant or rhinoceros. he may take possession of the tusk or horn. as the \JOVC"mme:it .JWTICT1h1pt>I Jlllln.'.115 Disl)OSal ,,f :m1m.1I \\h1ch h:ls o«ornc G,,cmmienl properly Find1ns rc:1llU\S ot �!eph:ints or ..fun(,c;:croi Findlns �msuf 01her ;pcerolly :notcc1c.d lllmt:il:i D<st�U\:tlO� ,11 .fl\JT;JI.S f\.)f rn-:::Ha;· rcc�\lty 1, an .!kpb.111 [CAP. t7-I -1156 Wild Animals law case may be, as if he had killed che animal from which the tusk or horn is taken by virrue of the licence. -12. Where a pason finds the remains of a specially protected animal other than an elephant or a rhinoceros anti wishes to obtain possession thereof. he shall report the find to a game warden who may, on being sacisried that the circumstances of the finding do not constitute an offence, dispose of the remains to such a person on payment of such fees as may be provided for in regulmions under section 50. 11 l ('.!) PART 6 - GENER.\L Where (a) in order to procecc human Ii fe or any property or to prevem the destruction of crops. domestic stock. or of necessity in time of fam1111g: or (b) for any requ1remenr re!nr111g to public health or public onkr, it is shO\\·n 10 the Commiss1om:r or such other officer as he may ,1ppoim for the purpose that it is necessary or expedient to capture or destroy a wild animal. the Commissioner or that othcr office� may authorize a person to caplllre or destroy that 11 ild animal. An authority given in accordance with this section shall - (a) (bl (c) specify the number aml species of wild animals that may be captured or destroyed: specify thc area with111 wluch the wild animal may be captured or destroyed; �pecify the period. not being more than tree months at any time from the Jate of the authority. for which the author·ity shall be valid: and (<l) prescribe the method by which the wtld animal may be k.illl-d or captured. whether or not such a method is allowed by this Law or the regulations made hereunder having regard to the prevention of unnecessary sunering or destmction. 4-1. Where the amm:il kilkd in pursuance of and under an authority given under sectwn -13 is an elephanL the person :iuthorized to kill the [CAP. 174 4157 Wild Animals Law animal shall. within a period of not more than twenty-one days from the date of killing the animal, surrender the tusks of the animal to the chief game warden -who shall then dispose of the tusks in accordance with the directions of the Commissioner. 45. Where a game warden suspects that an offence has been commined against che provisions of this Law or of the regulations made hereunder, he may himself search or authorize another person to search in his presence a baggage, package, vehicle. dwelling-house, tent, caravan or article belonging 10 or under the control of the suspected offender or of the suspected offender's agem or servant and if the game warden or that other person finds an animal or part of an animal appearing to him to have been killed or captured in contravention of this Law or the regulations made hereunder, he shall seize and rake that animal or that part of the animal and immediately cause the offender 10 be prosecuted. 46. A game warden may arrest without warrant a person who he reasonably suspects of having committed an offence against this Law or the regulations made hereunder if that person - (a) on the ciemand of the game warden refuses to give his name and address; or (b) gives a name or address which is false or which the game warden has reason to believe to be false; or (c) is likely to abscond, and the game warden shall immediately cause that person to be prosecuted. 47. Where a fine is imposed in a proceeding under this Law or a regulation made hereunder, the Coun imposing the fine may at its discretion direct that when the fine is paid a sum 1101 exceeding half the amount of the fine shall be paid to the person, who gave the information leading to the conviction. 48. (1) A person shall not take the eggs or egg-shell of a bird which is declared by this Law 10 be a specially protected animal unless - (a) the person is authorized so to do under this Law; or (b) the bird is lawfully kept in a domesticated state. Power lO sean:h fo, ond seize 3ninu1s Powct of •=• Pa:ymcn, for infomution le:iding to convicuon o( offerider Eggs oi spcci31ly pro<«tcd bu'd,; Prosecution Regulations fCAP. 174 4158 Wild Animals law (2) A person who contravenes this section is guilty of an offence. Penalty: a fine of five thousand naira or imprisonment for two months or both. 49. In any proceeding for an offence against this Law or the regulations made hereunder the chief game warden shall be the prosecutor. 50. The Commissioner may make regulations for doing all or any of the following - (a) (b) (c) (d) regulating the application for, issue, for, conditions, and fees payable in respect of a licence or permit to be issued under this Law; prescribing or altering the number of animals of a species or variety that may be hunted by virtue of a licence issued in accordance with this Law; prescribing or altering the limits of the areas in which an animal declared to be a specially protected animal or protected animal or other wild animal not so declared may not be hunted, captured, or killed unless otherwise authorized under this Law; regulating the possession, purchase. sale, transfer or disposal ofa wild animal; (e) regulating the manufacture of any article from a trophy; (f) (g) (h) (i) (j) requiring the holder of a licence, permit, or authority issued in accordance with this Law to submit the licence, permit or authority to a prescribed officer for endorsement or for other purpose; providing for the issue of a duplicate where a licence or permit is lost or destroy; prohibiting or regulating the capture or killing of fish, whether a specific fish or not, either generally or in specified water, providing for the protection of spawning beds; 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; (CAP. 174 4159 Wild Animals law (k) prohibiting the use of fire for the purpose of hunting a wild animal; (I) 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; (o) regulating the keeping of wild animals in captivity; (p) regulating the keeping of wild animals and 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 vennin and declaring an animal not to be vermin and providing for the eradication or control of vennin; {t) providing for the fees to be charged under this Law; and (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 hereunder committed with fire-arms or other instruments, the Court may in addition to the prescribed punishment. order the confiscation or destruction of the fire­ arms or other instruments. 52. The Wild Animals Preservation Ordinance is hereby repealed. PowerorCoun to conlisc:ue lmti or Olher ins1nunen1s Re:,eal of C�p 232 L of Nigeria 1948 Edition [CAP. 174 4160 Wild Animals Law ---------------------------------. f-IRST SCl{EDULE Chimpanzee ................................ .. Dama Gazelle ................................ . Derby's Eland .............................. .. Dorcas gazelle .............................. .. [mmaturc elephant. ........................ .. Giraffe ........................ . Gorilla ......... ................ .. . Manatt': .. Pan troglodytes Gazella dama Taurotragus derbianus Gazella dorcaas [ Loxodonta africana Loxodonta cyclotis Giraffa camelopardalis Gori Ila gori !la Tricheeus senegalensis Choeropsis liberiensis Diceros bicomis SECOND SCHEDULE Carac:il or Desert f.ynx ...................... . Cheetah ........................................ .. Colobus monkey ............................. .. Mature Elephant. ............................. . l lippopotamus. other than the pigmy Hippopotamus ................................ .. Klipspringer ................................... .. Situtunga ........................................ . Crowned Crane ................................ . European Stock ............................... .. Greater Bustard ........ ...................... .. Great W11itc lleron ............................ .. Ostrich .......................................... . Secretary l3trd .................................. . Vultures ......................................... . Felix caracal /\cinonyx jubarus [ Colobus polykomos Colobos badius [ Loxodonta airicana Loxodonta cyclotis Hippopotamus amphibius Oreotragus oreotragus Limnorragus speckii Balcarica Pavonma Pavonina Ciconia species Ardeotis arab stieberi Casmerodius albus melanorh yneos Slruthio camelus Saggirarius serpentarius gambiensis All species. Wild Animals Law THlRD SCHEDULE Bush bucks or I Jamessed Antelopes: West African Bushbucks ..................... . Shari Bushbucks ............................... . Ubangi Bushbuek .............................. . Bushcow or Buffalo .......................... .. Duikcs: Bay Duiker. ................................... .. Black Duiker ................................... . Ogibys Duikcr ....... .. ...................... . Red Flanked Duiker. .. ...................... .. Yellow Backed Duikcr. ...................... .. Blue Duiker ..................................... . Maxwelis Duiker ............................... . Grim us Duiker. ................................. . Hartcbecs1s: W cstcm H ancbees1. ........................... . Senegal Hartebecst.. ........................... . Kobs: Buffons Kob .................................... . lake Chad Kob ................................ .. Benue Kob ..................................... .. Water buck ...................................... . Reedbuck ............. ......................... .. Oribi ............................................. . Red Fronted Gazelle .......................... . Red River Hog ................................ .. Roan Antelope ............................... .. :\bysinian Ground I lombill. ................ . Pelican ................ ........................ .. [CAP. 174 4161 Tragelaphus scriptus Tragelaphus pietus Tragelaphus signatus Syneerus Nanus Cephalopus dosalis Cephalophus niger Cephalopus ogilbyi Cephalopus rufilatus Cephalopus silvicutor Philantomba caerulus Philantomba maxwelii Silvicarap grimmia Alcelaphus buselaphus Damalisous Keoyrigum Adenota kob Adenota ado! fi friderici Adenota loderi Kobus defasa Redunca nigeriencis Ourebia ouebi Gazella rufifrons Patamochoerus porcus Hippopotamus equines Bucorvus abyssinious [ Penecanus onoerotalus Pelecanus rcfesens Pelecanus roceus