Control of Trade Cattle Regulations, no. 12 of 1943

14. Where any animal is slaughtered or any hide or skin or other part of any carcass is destroyed by orders given under these regulations a certificate by a veterinary officer that such animal or hide or skin or other part of the carcass was infected with disease shall be accepted as conclusive proof thereof in any legal proceedings.[Reg. 41 of 1938.]

15. The compensation which may be paid in respect of any animal slaughtered or any hide or skin or part of a carcass destroyed under the provisions of these regulations shall not exceed the value of the animal or hide or skin or part of the carcass immediately before it was slaughtered or destroyed.[Reg. 41 of 1938.]

16. Claims for compensation shall be made in writing to the Permanent Secretary through a magistrate having jurisdiction in the area in which the animal was slaughtered, and the Permanent Secretary if, after such inquiry as he may think proper, he is satisfied that compensation may be paid in the circumstances of the claim, may assess the compensation and direct the payment thereof: Provided that any person who is dissatisfied with the decision of the Permanent Secretary may appeal to the Governor, whose decision shall be final [Order in Council 53 of 1951, LN 131 of 1954, NR LN 19 of 1958.] _____________________ CONTROL OF TRADE CATTLE REGULATIONS [Section 3.] [Regs. 12 of 1943, 31 of 1944, 8 of 1951, LN 131 of 1954, NR LN 30 of 1958, NN 27 of 1963.] [Date of commencement: 18th March, 1943]

1. These regulations may be cited as the Control of Trade Cattle Regulations.

2. Definitions— “area” means an area to which these regulations have been applied; “disease” means rinderpest, contagious pleuro-pneumonia, black-quarter, haemor-rhagic septicaemia, anthrax, tuberculosis, and foot and mouth disease; “Commissioner” means the Commissioner who is assigned responsibility for animal health; “prescribed officer” means a person duly authorised by the Commissioner to exercise a power or perform a duty in relation to which the expression is used, or, where such power or duty is exercised or performed by a Local Government, the person duly authorised by a Local Government; [NR LN 30 of 1958.] “trade cattle” means all cattle intended for slaughter or for use as pack animals whether coming over land from any place outside Nigeria or purchased in and intended to be moved out of an area. It does not include cattle proceeding to grazing grounds and not intended for sale or for use as pack animals.

3. The Governor may, by notice in the Gazette, specify the areas to which these regulations shall apply and thereupon these regulations shall apply to these areas. By the same, or another notice, the Governor may establish inspection stations and control posts at specified places.

4. (1) The control of trade cattle prescribed in these regulations shall be exercised by the Commissioner and by such officers as he shall appoint for the purpose.[NR LN 30 of 1958.] (2) The Commissioner may by agreement with a Local Government delegate to such Local Government any or all of the powers and duties conferred or imposed on the Commissioner by these regulations: Provided that the powers and duties so delegated shall not be exercised or performed by a Local Government outside the area of its jurisdiction. (3) Any delegation to a Local Government under the foregoing provisions of this regulation may be determined by a notice served on the Local Government by the Commissioner or may be relinquished by a notice served on the Commissioner by the Local Government. (4) Subject to the agreement and approval mentioned in paragraph (2), the chief Veterinary officer by himself or by such officer as he shall appoint for the purpose may, within the area of such Local Government jurisdiction, exercise and perform any of the powers or duties delegated to the native authority

5. The person in charge of trade cattle, entering any area to which these regulations have been applied from any place outside Nigeria, shall drive all the cattle by the most direct cattle route to the nearest inspection station.

6. (1) Where trade cattle have been purchased the person in charge thereof shall, before moving them out of the area where they are situate at the time of purchase, take them to the nearest inspection station within such area, and, if there be no inspection station, to the nearest control post: Provided that where an inspection station or a control post in another area is nearer to the place in which the cattle are situate at the time of purchase, the cattle may be taken to that inspection station or control post, as the case may be: Provided also that if there be no inspection station or control post in that area such cattle shall be taken to the nearest inspection station or control post, as the case may be, in some other area. (2) Where trade cattle are being moved from one area to another for the purpose of being slaughtered, they may be moved without restriction provided that the distance to be travelled does not exceed twenty miles measured by the most direct cattle route: Provided that if there be an inspection station or control post along such route, the cattle shall be taken to such inspection station or control post, as the case may be.

7. (1) The person in charge of any trade cattle shall, before removing the same from any inspection station or control post, obtain a permit (in these regulations referred to as a movement permit) from the prescribed officer in which shall be set out the route to be followed and the control posts over or through which all the cattle must pass. (2) The person having charge of any trade cattle shall, until the destination mentioned in the permit has been reached, at all times keep such permit in his possession and shall on demand produce the same for the inspection of any prescribed officer.

8. A prescribed officer shall inspect all trade cattle brought to an inspection station or control post in accordance with regulations 5, 6 and 7, and the prescribed officer may, if he thinks fit, brand or affix any identification mark to such cattle and, for the cure or prevention of disease, may detain such cattle for the purposes of observation or treatment at such inspection station or control post.

9. (1) Trade cattle shall not be loaded on a railway waggon, motor vehicle, river or ocean vessel or on any aircraft for transport from one area to another unless the owner of such cattle is in possession of a veterinary loading permit issued by the prescribed officer in respect of each consignment of trade cattle, such permit shall be in the form set out in the First Schedule hereto and shall be valid for a specified journey only. [Reg. 8 of 1951.] (2) A veterinary loading permit shall not be issued unless the prescribed officer is satisfied that the provisions of these regulations in respect of trade cattle have been complied with and furthermore that such cattle are, in his opinion, in a fit condition to travel. (3) A veterinary loading permit shall only be issued to a person who has been duly licensed in accordance with the provisions of regulation 10.

10. (1) It shall be unlawful for the owner of trade cattle to transport such cattle by rail, motor vehicle, river or ocean vessel or by aircraft unless he is the holder of a licence granted in that behalf by the prescribed officer. Such licence may be an annual licence or a temporary licence and only one licence may be granted to an owner. [Reg. 8 of 1951.] (2) An annual licence may be granted only to such owners who, during the twelve months prior to the date of granting of such licence, have transported by rail, motor vehicle, river or ocean vessel or by aircraft not less than two hundred and fifty head of cattle. Such licence shall be valid for a period of one year from the first day of January and shall not be transferable. Such licence shall be in the form set out in the Second Schedule hereto and the fee payable therefor shall be determined by the Commissioner from time to time. (3) An owner who has not qualified for an annual licence may be granted a temporary licence which shall be valid for a period of three months including the month of issue. Such licence shall not be transferable and shall be in the form set out in the Third Schedule hereto and the fee payable therefor shall be determined by the Commissioner. (4) The holder of an annual licence or a temporary licence shall not be permitted to transport more than five thousand head of cattle in respect of each licence. The number of cattle transported in each consignment together with the date thereof shall be endorsed on the licence by the prescribed officer. (5) The prescribed officer may refuse to grant a licence or to renew a licence or may cancel an existing licence if, in his opinion, the applicant or licence holder engages in practices detrimental to the interest of the trade. Any person aggrieved by such a decision may appeal, in writing, to the Governor within fourteen days of such decision.

11. Where under these regulations a person is required— (a) to drive or take trade cattle from a place within the area of the jurisdiction of one native authority (herein referred to as the place of departure) to a place within the area of the jurisdiction of another native authority (herein referred to as the place of destination); or (b) to drive or take trade cattle from such a place of departure to such a place of destination by a specified route, he shall be deemed to have contravened this regulation— (i) if while within the first mentioned area of jurisdiction he fails to drive or take the cattle in the direction of the place of destination in case (a) or along the specified route in case (b) as far as the boundary of such area; or (ii) if having entered the area of the jurisdiction of any other native authority in which the place of destination is not situated, he fails to drive or take the cattle in the direction of the place of destination in case (a) or along the specified route in case (b) as far as the boundary of such area; or (iii) if, while within the area of the jurisdiction of the native authority within whose area the place of destination is situated, he fails to drive or take the cattle to that place in case (a) or case (b) or fails to drive or take them along the specified route in case (b); or (iv) if he fails to take his cattle to any of the control posts mentioned in the permit: Provided that no cattle infected or suspected of being infected with disease shall be driven, taken or moved except in so far as may be necessary for effective isolation or for procuring food and water pending the directions of the prescribed officer.

12. (1) A person shall not be deemed to have contravened regulation 11 if being in possession of a valid movement permit he slaughters or sells any or all of his cattle before reaching the place of destination mentioned in the permit: Provided that— (a) no cattle infected or suspected of being infected with disease shall be sold except with the authority of the prescribed officer; or (b) in the case of the slaughter or a sale or sales of some only of the number of cattle in respect of which the movement permit has been issued, he reports the fact of such slaughter or sale or sales at the next post or station on the prescribed route, with, in the case of sale or sales, full particulars of the place and date and the name or names of the purchaser or purchasers; or (c) in the case of the slaughter or a sale or sales resulting in the disposal of all of the cattle in respect of which a movement permit has been issued, he reports the fact of such slaughter or sale or sales either to the next post or station on the prescribed route or to the post or station at which he last reported, with, in the case of sale or sales, full particulars of the place and date and the name or names of the purchaser or purchasers. (2) Upon reporting the fact of the slaughter or a sale or sales to a post or station the permit shall, in the case of the slaughter or a sale of part only of the cattle, be endorsed by the prescribed officer at the post or station with an endorsement showing the place and date of all sales, and the number of cattle for which the permit continues to be valid; and in the case of the slaughter or a sale of all of the cattle, the permit shall be retained by the prescribed officer at such post or station.

13. The person in charge of any trade cattle which, while in the process of movement from any place or area to any other place or area, dies of or shows symptoms of suffering from any disease, shall report the death or illness of such cattle, as the case may be, to the prescribed officer on arrival at the first inspection station or control post at which he calls after such death or illness.

14. Any person who— (a) fails to take trade cattle to an inspection station or control post or fails to take them by the most direct route as provided by these regulations; (b) refuses or fails to obey the instruction of the prescribed officer regarding the inspection, treatment or detention of animals in quarantine at such inspection station or control post; (c) removes trade cattle from an inspection station or control post without having obtained a movement permit; (d) fails to produce a movement permit for inspection when required to do so by a prescribed officer; (e) fails to report the slaughter, death or illness of any trade cattle as required by regulation 12, shall be deemed to have contravened these regulations. 15. person contravening these regulations shall be liable to a fine not exceeding one thousand naira or to imprisonment not exceeding fourteen days for the first offence and to a fine not exceeding one thousand naira or to imprisonment not exceeding one month for each subsequent offence. _________________

FIRST SCHEDULE [Reg. 8 of 1951.] ANIMALS (DISEASES) LAW [Cap. A6.] Veterinary Loading Permit Permission is hereby granted to ……………………………………………………………………….. of…………………………………….., to transport by ……………………………………………….. head of cattle from ……………………………………………..to …………………………………… …………………………………… Prescribed Officer Date…………………………….. _____________________

SECOND SCHEDULE [Reg. 8 of 1951.] ANIMALS (DISEASES) LAW [Cap. A6.] Annual Licence Licence is hereby granted to…………………………………………………………………… of…………………………………to transport trade cattle by rail, motor vehicle, river or ocean vessel or by aircraft. This licence is not transferable and expires on the 31st day of December, 20…………… Not more than five thousand head of cattle may be transported under this licence. ……………………………. Prescribed Officer Date……………………………………. ENDORSEMENTS Date No. of head of cattle transported Signature of prescribed officer __________________________

THIRD SCHEDULE [Reg. 8 of 1951.] ANIMALS (DISEASES) LAW [Cap. A6.] Temporary Licence Licence is hereby granted to…………………………………………………………………….. of……………………………………………….to transport trade cattle by rail, motor vehicle, river or ocean vessel or by aircraft. This licence is not transferable and is valid until………………………….. …………………,20………… Not more than five thousand head of cattle may be transported under this licence. ………………………………….. Prescribed Officer Date………………………………………. ENDORSEMENTS Date No. of head of cattle transported Signature of prescribed officer ________________________ ANIMALS (DISEASES) (PREVENTION OF TRYPANOSOMIASIS) REGULATIONS ARRANGEMENT OF REGULATIONS REGULATION 1. Short title. 2. Definition. 3. Establishment of control posts. 4. Provisions relating to control posts. 5. Power to stop and examine vehicles. 6. Destruction of tsetse fly. 7. Effect of traffic signs. 8. Penalties. __________________