Environmental Sanitation (Miscellaneous Provisions) Edict, Chapter 52 of 1983

2. Interpretation. P AR1' TI-EsTA.BLtsH:>,-tENt ANt> Cm,IP05lTlON OFT!ffi STA1·e TASK FORCE CoMMITT£E 3, Establishment and composition otthe State Task Force Commit- tee.

4. Tenure of ofli,e and emolumtDIS of mcml;>ers of Committco. S. Meetings of the Commiuee. PART 111-0BJte'l'S, FUNCTIONS AA'D POV.'ERS OF TH.£ Co,'™11TEE

6. Objects of the Committee.

7. Functions of the Comminee.

8. Powers of the Committee.

9. PenaJtv. 10. fl\dem~,ity. PAk1' l V - EsrABuSHMENT AND Cm,1rosrrt0."'I OF ZoNAL TASK FORCE COMMITTE6 O< locAJ., GOV!!RN>IENT All£As

11. Establishment and composition of Zona! Task Force Committee in Local Government Areas.

12. Tenure of office a nd emolumeots of members of a Zooal Com- mittee.

13. Meetings of a Zonal Com,nittec.

14. Functions ofa Zonal Committee. PART V-EsrABUS.HMo.-r. CoMPOSJTtO~ AA'D Fll'Ncr10NS0F 111ESTAT6AD-HOC ENVI..RON'MENTAL H E,UTII AoV'tSORY Co:MMITIE.6 l S. Establishment and composition of St.ate ad-llOC Environmelllal Health Advisory Com.mluec. ....... 788 CAP. 52) Environmental Saniration (J,,ffscellaneous Provisions)

16. Tenure of officc and emolumenis of member,; of 1he Advisor, Committee. J7. Meetiiig,; of Advisory Committee. J8. Fu.nctio,ls of Ad 1tiSOI)' Comrniuce. PAR.T Vl-fSTABUSJ-IMENT, CoMPOSmoN ANO ft.JNcnoxs OF ZoNAl ENYJR0'1>ra<uL H ,w;ru A1>Vlso~y C'-0'-0llrra ,,. l..<x:,u GovERJ<MEl>'t AkE.IS

19. Es1ablishmen1 and composi1ion of ZonaJ ad-hoe Environmcmal HcaJ'th Advisory Com.mitlees in LocaJ Government Areas,

20. Tc-.nure of of.fice and emoluments of rnembcr.s of a ZonaJ Advi. sory Commjl1ee.

21. Meerin,gs of Zona! Advisory Commi11ce.

22. Functions of Zona! Advisory Committee. PART VJI-MANAOaftNl' .v<n STAt,

23. Committee ro control matters of policy. 24, Role of Chairman and Commitlee.

25. StaJJ; • 26, Execution of con1racts and authentication of documents.

27. Secreta.r y of 1he Committee. PA.RT Vlll-FD<A.'<C'!Al, P ROVISIONS

28. Funds of lbe Commiuce.

29. Bank accoun1s of the Commiuee.

30. Accounts and Audit. PA.RT 1X-GEN£R..u P ROVISIONS

3J . Provision of public conveniences.

32. Loca1j on of beer oarJours and hotels. 33. 11:isccllaneous acts to be done in rc-Jation to environmental sanitation.

34. Loca1ion of cenain firms and businesses to be ir1accordance with the approved Land Use Schemes.

35. General offences.

36. Abe1ment of offe nces.

37. Offences by bodies of persons.

38. Ptovisfons of other L1ws inconsistent with provisions of Edict to be conslrued wth modifications,

39. Powers of Advisory Commjuee to decide rnenning ofdefinitions.

40. Directions by Governor. l o11 [CAP. S2 789 EnvironmenJal Sani1ali ions) (Misce/f(Ilfeous Provis

41. Regul ation•. es.

42. Mobile Courts 10 try offenc SCHEDULE I I I l (CAP. 52 791 Environmental Sanitalion) (Miscellaneous Pra,,isio11.S J I CHAPTER 52 ION (M ISCELLANEOUS Er-NIRONMENTAL SANITAT PROVlSJONS) ANUNESS IN 00S I of ASK F ORCE TO PRO MOTE Cl.£ i98S. A,.. EDICT TO fsrA BUS H AT oos 16 or GONOOI.A STATE 1985. OGS llo f 1987. [31 December 1983] D••• or com nlCJ)CC- .,..L PAR T 1- PRELIMi l<Al lY Slate Environmental Sanita- uuttion. I. This Edict may be cited as the et. lion (Misccllaneous Provisi ons) !:di ttex l otherwise requires:- lnt<r,,«,a. 2.- {I) In this Ed i~ unless the cor g assigntd to it under the ~~~ 136. ''Authority" has the same meanin ; Town and Cou nuy Planning Law ns tbc Mobile San itat ion Court; ''Court" mea tor of Audit of the State; " Director of Audit" me.ins the D irec of twelve calenda r months " financial year" means a period January; commencing Crom tbe 1st day of of the State; "Governor" rnearu the Governor oer of Health" hav e the "Health Officer" and "Medical Offier the Public Health Law; same meanings assigned to them und se or inn , restaurant, rest hou ''Hotel" incl udes any motel, lodging house; "pe rso n" includes a body corporate; ets and urinals; ·•public conveniences" includes toil e meaning assigned to i1 ·•sole Administrator'' has the sam ; under the Local Government Law Go ngo la Sta te of Nigeria: "State " means the lth Advisory Committee" "State ad•laoc Environmen tal Hea tal Health AdvisoryCom- means the State ad-hoe Environmen this Edict; m.ittce established by section 15 of 792 CAP. 52) Environmental Sanitation (J'rdisceJJa11eous Provisions) "Stat e Ta sk Fo rce Committe e'" Co mm itte e established by sec means the State Task ForCI GGS 16 of tion 3 of tbis Edict;

198S. "2.onal ad-hoe Environmenta l Health Advisory Commiue means Zona! ad-hoe Envir c"' mittee establish ed by sectioonm ental Health Advisory Com- n 19 of this Edict; "Z on al Ta sk Foroe Co1DJtJi ttec Commi11ec established by sec " mcao.s a Zonal Task Force tion 11 of this Edict. co s 12 of (2) Every term relevant to

1937. Local Government Edict 197 Pa n m of this Edict defined in the 7 assigned to that 1em1 by the shall in this Edict have the meaning Ur ba n Planning and Devel Lo cal Government Ediet I 977 or opment Authori1y. the P AltT 11 -E sr.uu SlI Mll NT AND CoMPOSrrJON oFT HF. STATB TASK FOR CE CoMMJTJ'EE Efl a~i ih• 3.- ( I) There is hereby establ mc:nt and ing environmental sanitatio ished, for the purp0ses of enf eom~11io1J n, a State Task Forre Comm orc- of Ille State thi s Edict referr Tul<Foroe oo to as "th e Committee" which ittee, in Commiuee. cor p0 rat e with perpetual successio sbaU be a body su e and be sued in its corp0r n an d a common seal and ma ate name. y (2) Th e Comm ittee shaU me mb ers all of wb om shall consist of a Chainnan and seven other be appoimcd by the Governor . (3) Th e body of persons kno env iro nm ent al san itation wn as the Task ForceCommillce on al the Sta te level shall Co mm itte e. constitute the • (4) Th e body of persons ref sc, cti on shall be deemed to erred to in subsection (3) of hav this a s Chairman and members e been ~ppointed by the Gover of the Committee. no r Ten ~o f 4 .-( 1) Th e members of the office a,nd Committee other than ex-off, cmolumel1U me mb ers shall bold office for c/o ofm =b <n a period of two )'ears. of Coruini1- (2) Any me mb er of the tec. Committee other than an ex- me mb er may resign his off ice officio Ch airman of the Committe by notice in writing addressed to the e. (3) Wh ere the office of a me mber of the Committe all ex-officio member becomes vacant before the e1p e oth er th:m iration of his Environmental Sanitation [CAP. 52 793 (Misce/fa11eous Provisions) e term of office under subsection (I) of this section or by bis death, tbe Chairman shall notify the Governor of the occurrence of such ,, event and the Governor shall appoint a,:iother person in his place and to hold office for the unexpired portion of bis term of office. (4) V\lhere it appears to the Governor on the recommendation of the Chaimian of the Committee that any member of the Comm.ince is incapacitated by absence from the State or illness or any other sufficient cause from pe.rfonning, the duties of bis office the Governor shall appoint another prson to hold office in his place until such time as the GoYemor is satisfied that the incapa- cir:y of that person bas terminated o~ until the term of such member expires whichever first occurs. (5) Every member of the Committee, on ceasing to be a mem- ber, shall be eligible for re-appointmcnL (6) Any member other than an ex-ojficio member appointed to the Committee under subsection (2) of section 3 of the Edict, as well as any person co-opted to the Committee under subsection (6) of section 5 of thJs Edict, may be paid such remuneration as the Governor may determine.

5.-( I) The Committee shall ordinarily meet for the dispatch of Meetings of business at such times and at such places as the Committee may ;~ Comm" • determine but sball meet at least once in every three months. • (2) A special meeting of the Committee shall be called upon a written request signed by the Cbauman of the Committee or by a majority of the members of the Committee addressed to the Secretary of the Committee. (3) At every meeting of the Committee at which he is present, the Chairman of tb.e Committee shall preside and in his absence a member of the Committee selected by the members present among thc_mselves shall preside. (4) Questions proposed at a meeting of the Committee shall be determined by a simple majority of members present and voting and in the event of an equality of votes the person presiding shall have a second or casting vote. (5) The quorum at any meeting of the Committee shall be four. 794 CAP. 52] Environmental Sanitation (Miscellaneous Provisions) (6) lbe Committee .may at any Li.me co-opt any person or persons to act as an adviser or advisers at any of its meetings so, however, that no person so co-opted shall be entitled to vote at any such meeting on any matter for decision by the Committee. (7) lhe validity of any proocedings of the Committee shall 001 be affected by any vacancy among its members or by any defect in the apPOintmeat of any of them. (8) A:ny member ofthe Committee who has any interest in any:- (a) company or undertaking with which Lhe. Committee pro- poses to make any contract; or (b) contract which the Conunittee proposes to make, shall disclose in writing to the Committee the nature of his interest and shall, unless the Committee otherwise directs, be d isqualiJied from participating in any deliberations of the Committee on the contract and shall in any case be disqualified from voting in any decision of the Committee on such contract and any member who infringes the provisio!!S of this subsection shall be liable 10 be removed from the Committee. • (9) Except as otherwise expressly provided under this ·section, the Commillee shall prescribe the procedure for its meetings. PART ITT-Osmers, F'IJNcrroNs ANO PowERs OF '.l'Ht Cm,oorne Objccu of the Cominit- 6. The Comminee shall be charged with the responsibility of 1ee. promoting cleanliness and espousing the advantages of maintain- ing healthy surroundings of:- (a) premises; (b) public places; and (c) other visible locations. Function of the Commit- 7.-(J) Without prejudice to the general effect of section 6 .of tee. this Edict, it shall be the responsibility of the Committee ro:- (a) clear and clean up e,•ery street; (b) remove every roadside business that constitutes an eyesore or health hazard; (c) dire~t the owner of any abandoned motor vehicle or junk in Environmental Sanitation. [CAP. 52 795 (,lfiscellaneous Provisions) or every street and every other visible location to remove it :o, within ten days from the date of the direction; oy (d) remove and clear refuse and garbage dumps along every street; ot (e} demand from every mechanic, vulcanizer, kiosk owner, in motorcycle hirer or bicycle hirer at every roadside a licence authorising him to carry on the trade specified in the licence; .- (f) suggest parking places at public places to which the public )- have access and provide "NO PARKING" sign boards at no parking loca1ions; (g} secure an alternative site for tbe displaced tradesmen at the conven ience of the public; ;t d (h) administer the functionsoflbe sanitary ingpectors under the Cao. 114. e Public Health Law; y (,) an administrative officer under the Building Lines (Regula- ci. 22. l lion) Law and any refcrenoe to an administrative officer f9sl t6 of e shall in the appropriate places in that Law he deemed to be a reference to the Comminee. (2) The Committee may also do all such acts as may appc-.u to it expediem for the purpose of achieving the objects set out in section 6 of this Edict and implementing the functions specified in subscctioo (I) of this section. (3) If any person to whom a direction is issued pursuant to subsection ( l)(c) of lit.is section fails to obey such direction, he commits an offence under this Edict and the Committee shall then remove such vehicle or junk from the street or other visible location and surcharge the owner of the vehicle or junk a sum of one hundred naira for the removal of the vehicle or junk; or if the owoer of such vehicle or junk cannot be found the Committee shall dispose of it as it may consider necessary or expedi.c nt. (4) lf any person fails 10 produ<:e a licence on demand in contravention of subsection (l )(e) of this section, he commits an offence under this Edict and the Committee shall impose a fine of one hundred naira on him and payment shall be made on the spot and a reoeipt for the fine shall be issued to the offender; and, in the case of a continuing offence, the Committee shall impose a further 796 CAP. 52] Environmental Sanitation (Miscellaneous Provisions) line not exceeding fifty naira for each day on which the oITcnce continues. (5) If a person fails or refuses to pay the fine of N 50.00 imposed on him by the Committee under subsection (l)(c) or subsection (l)(e) of this section, such fine shall be sued for and recovered in the Court by the Committee with full costs of action from that person as a debt due to the Comminee. Powers of 8. The Committee sbaU, in the discharge of its responsibilities 1he Commit• tee. under this Edict:- (a) have and exercise the powers of the Medical Officer of :i Health, Health Officer and sanitary inspectors under the Cop. Jl4. Public Health Law and any Rules made thereunder; (b) have and exercise tl1e powers of the Authority under the Town and Country Planning Law and any Rules made thereunder~ O,p. 22. (c) have and exercise the powers of an administrative officer GGS 16 of ·, 198S. under the Building Lines (Regulations) Law and any rules ii Ii made there11nder and any reference to an adminjstrative . I , ,, officer shall at the appropriate places in that Law l>e deemed to be a reference to th.e Committee; C,GS 12 of (d) have and exercise the p<>wers of the Urban Planning and 1987. C.p. 139. Developmen t Authority; (e) have and exercise the powers of the bodies named in the !>ye-laws made by a Local Governmem pursuant to powers C,p, 80. conferred by section 64{17) and (18) of the Local Govern- ment Law; (/) have and exerci,;e the PQwers of the bodies named in the bye-laws made by the Local Authorities; lg) have power 10 enter into any contract or other transaction as it may consider necessary for the purpose of its functions under this Edict; and (h) have power to acquire and to hold any movable or immova- ble properry and to dispose of sucll property for the dis- charge of its functions undef this Edict. Environmental Sanitation [CAP. 52 797 (Miscellaneous Provisions)

9. Repealed. GGS 12 of 1987. 10.-{l) No civil or criminal proceedings shall lie or be insti- Indemnity. tuted in any Court for or on account of o~ in respect of any act, matter or thing done or purposed to have been done under th.is Edict by:- (a) the Committee or a Zonal Committee; or (b) any person or persons acting togetJ,er or individually under the authority of the Committee or a Zona! Committee, and if any such proceedings have been or a.re instituted before or on after the making of this Edict the proceedings shaU abate, be discharged and made void. (2) No civil or criminal proceedings shall lie or be instituted in any Court for or oo account of or in respect of any act, matter or thing done or purported to have been done under this Edict by the Committee or a Zona! Committee on the instructions or orders or directions by:- (a) the Govccnor; or (b) the Sole Administrator; or (c) any other pcl'$on in authority, and if any such proceedings have been or are instituted before or on or after the makfog of this Edict the proceedings shall abate., be discharged and made void. PART I V -ESTABLISHMENT AND CoMf'OIStTION OF ZONAL TASK fORCll COMMITIEE IN l..ocAI. GoVERNMENT AREAS

11.-(J) There is hereby established in a Local Government Esrablish- arc~ \~here necessary. for the purpos~s of _a 7.0?al e~vi.ronmental :~~:,!i~on 1 san11a11on, a Zona! Task Force Comnuttee, m this Edict referred to or Zooal as "a Zona! Committee" which shall be an agent of the Commit- £,~!~~= tee. in Local Government (2) A Zona! Commjttee shall consist of a Chairman and seven Areas. other members of all whom shall be appointed by the Governor. (3) The body ofpersons known as the Task Force Committee on - ' 798 CAP. 52] Environmental Sanitation (Miscellaneous Provisio11S) environmental sanitation at the Local Government level shall constitute a Zona! Committee. (4) The body of persons referred to in subsection (3) of this section sball be deemed to have bee as the Chnirman and members of n appointed by the Govem or a Zona! Committee. T tou.re or 12. -(1 ) The members of a Zon officio me mbers sbaU bold office foral Committee other than <'X· office and emoluments a period of two years. o(m tmb tr& ofa Zo.oa.1 (2) Any member of a Zona! Com Commiuce. mit member may resign his office by not tee other than an e:x-Qjficio ice in writing addressed 10 the Chaimtan of a Zona! Committee. (3) Where tile office of a member than an ex-officio member becomes of a Zonal Commillee other vacant before the expiration of his term of office under subsection death, the Chairman of a Zon (l) of this section or by his a) Governor of the occurrence of suc. Committee shall not ify the h appoint onother person in his plac event and the Govemot shall unexpired portion of his term of e and to hold office for the office. (4) Where it app ean to the Go ver of the Chairman of a Zonal Com nor on the recommendation millee that any member of a Zonal Committee is incapacitated by absence from the State or illness or any oth er sufficient cause from performing the duties of his office the Go ver nor shall appoin in his place until $uch time that lhe t another person I hold office incapacity of that person bas tcm Governor is satisfied that the rina mcm ber expires whichever 'first occ ted or until th term of such urs. (5) Every member of a Zonal Com member shall be eligible for re-appo mittee, on ceasing 10 be a intment. (6) An y member other tha n an ex-o Zona! Comminee u nder subsection fficio member app0inted to a (2) of section 11 of this Edict, may be paid such remu11era1ion as the Governor may determine. Mcc1i.np or 13. Except as otherwise expressly aZA ,oa! provided under this Edict, a Conuniuce. Zonal 0>m mit tee sl'lall prescribe the procedure for its meetings. Environmental Sanitation [CAP. 52 799 (Miscellaneous Provisions)

14. The Committee shall determine from time to time such Function, of functions of a Zona) Committee established by section 11 of this ct~':;/11 ec. Edict a.s it considers fit and a Zona) Committee shall perform such functions. PART V- Es'fAllUSHMENT, COMPOSffiON AND F'uNCTJONS OF THE STA'l'll Ao-aoc ENVIRONMENTAL HEAi.TO ADVISORY CoMMlTTEE

1S.- (J) There shall be in the State, for the purposes of environ• establish- • • mental samtahoo, an adh "" • - oc .c.nvuonmenta J H eat·th AdVIsory • mel\t and compo$ition Committee, in this Edict referred 10 as " the Advisory Commit- of Sta1e t • ~~ ee • Em·ironmen- (:ll Health (2) The Advisory Commiuee shall consist of the following Adviso.ry persons all of whom shall be appointed by the Governor:- Comnun<0. (a) the State Commissioner for Health as the Chaim1an; (b) one person representing the Ministry of Works and Tran- sport; (c) one person representing the Ministry of Agriculture; (d) one person representing the Urba.n Planning and Develop- GGS 12 of menl Authority; 1987. (e) ono person represenC\llg the Ministry of Education; (f) one person representing the Ministry for Local Government and Community Development; (g) one pc~n representing the Gongola State Developmeot Board (Water Board); (h) one person representing the Ministry of Information and Social Affairs; (i) one person representing the Health Services Management . Board; and U) one person representing the public. 16.~ J) The members of the Advisory Comminec other than r,.nurc of ex-officio members shakll bold office for a period of two years. ~:;.,::• ., of members of the Advisory Committee. 800 CAP. 52) Environmental SlU1italion (Misc,llaneous Provisions) j r (2) Any member or the Advisory Committee 01her than an ex. officio mernber r.nay resign hjs: office· by no1ice in writing addressed to the Chii:irmao of the Advisory Committee. r ! {3) Where the offioe of :i member of the Advisory Committee other tJlan an ex-officio member bccou1cs vacarH before the e.tpira1ion of his term of office under subsecifon {t) of Lb.is Sl-Ction or by his death, rhe Chairman of the Advisory Committee shall notify the Governor of the oc.-currencc of such event and the Governor sbaU appoin1 a.oolher J>ersou in his place and to ho?d office for the une:xpire(f portion of his lcrrn of oflicc. i (4) Where it appears to the Governor on tbe recommendation of the Cbainnan of the Advisory Cc:11nmittec th•H any member of the Advjsory Committee is iocapaciiated by absence. from chc Stat.e or illness or any other sufficiem cause from r,erfonniJlg the duties of bis office the Governor shall appoint another per500 10 b.oJd office in bjs place until socb time as tbe Governor is satisfied that the incapacity of (hat person has terminated or untiJ lhe tenn of such member expires whichever first occurs. I (5) Evcty member of the Advisory Cornmittec, on ceasing to be a member sball be elisible for re-appointment. (6) Any memt>e:r other than an ex-cfficio member appohucd 10 I the Advisory Comntinee under subsection (2) of section JS of this Edict. may be paid such remuneration as tile Gov~rnor may determine. Mtieti_r:v; or Advi$0:fy 17. 1"be Advisory Committee shall regulate ir$ own.procedure '· Conut,ilt.oc. for jfs meetings. Ft.:octlo11$ of AdVi.S·ury l 8.-( IJ The Advisory Commiuce !hall be in charge of ahc Commi1&ee. overall ~ordinaiion and promotioo of environmental heaJtJ1 prngram.rocs for I.be State. .i ' (2) Subject 10 the provisions of 1his Edict, the Advisory Com• mittee shall, in an advisor)' role. ad\•i.sc and guide the Comruince with. resJ)OCt 10 lhe pcrforrnaooe of its funcifons under this Edic1. Environmental Sani1a1ion [CAP. 52 801 (Miscellaneous Provisions) x- PART Vl-EsTABLISHMENT, CoMPosrrtON AND FIJNCTIONs OF ZoNAL ,cl Af>-HOC WVIRONMF.NTAL HEALTH ADVISORY COMMITTEES IN loCAL GOVERNMENT ."Juw; •

19.- ( 1) There shall be, for the purposes of environmental Estal>lis h- ?C sanitation, a Zona) ad~hoc Environm.entaJ Health Advisory Com- g:,~~~~on 10 mittee, in this Edict referred 10 as "a Zonal Advisory Committee" or7..onal •n io every rown and every v 1·11age •1U every o·tStnct ' Of every L ocaI a,Moc Environmc.n• .u Government of the Stale. ,al f!••hb •e AdVJMiry .d (2) A Zona! Advisory Committee snail consist of a Cllairman ~~![""" and such other persons as the Sole A<lministrator may appoint. Government areas. n >f 20.- ( 1) The members of a Zoo.al. Advisory Committee other Te,iureof e than ex-officio members shall hold office for a period of two years. ~!:;g;'.!:'!" e or mcmbets 0 (2) Any member of a Zonal Advisory Committee other than an ofa,Zonal d ex-officio member may resign his office by notice in writing ~~;::;;;'r,... n addressed to lbe Chairman of a 2.onal Advisory Commil!ce. (3) Where the office of a member of a 2.onal Advisory Commit- e tee other than an ex-officio member becomes vacant before the expiration of his term of office under subsection (I) of this section or by his deatb, the Chaim1an of a Zonal Advisory Committee ) shall notify the Sole Administrator of the occurrence of such event s and tbe Sole Administrator sball appoint another person in his ( place and to hold office for the unexpired portion of bis term of office. {4) Where it appears to the Sole Administrator on the recom- mendation of the Cbairn1an that any member of the Advisory Committee of a Zonal Advisory Cornminee is incapacitated by absence from t l1e State or illness or any other sufficient cause from performing the duties of his office the Sole Administrator shall appoint another person to hold office in bjs place until such time as the Sole Administrator is satisfied that the incapacity of that person has termiaated or until the term of such member expires whichever fim occurs. (5) Every member of a Zona! Advisory Committee, on ceasing to be a member, shall be eligible for re-appointment. 802 CAP. 52] E1wiro11mentaf Sani1alio11 (Miscellaneous Pro,•isions) (6) Any member othe r than an ex-officio mem I Zona! Ad,>isory Com mittee under subsection ber appo inted to (2) 'I this Edict may be paid such remuneration as of section 19 c the Governor ma i I Mtt 1i. of Zon:il Ad,-1• determine.

21. A Zona! Advisory Committe e shall regu late its own procc I I! /, I SOl'y Com- mittee. dure for ils mee tings . Functions of 22. It shall be the duty of a Zorutl Advisory ZOnalAd\"► Commiuee:- ,J, sory Co,n. (a) to oversee the impl ementatio n of envi m1Uo t. ronmental heahJ policies; and t (b) to mak e recommendations to the Advi sory Com millc'C. I PART Vll- MANACEMENTM'DSTAFP It,' f. Committee 23. The Committee shall , subject to the prov to control Edict, have general control over matters of polic isions of thi, .; I ma:nersof Policy. y. Rote cf The Oiai nnan of tile Committee shall , in addi 24 . :~·j Ct10.irman or Commince. func tions conferred upon him by lh.is Edict, be charged tion to the wi1h the general oversight on behalf of the Committee of the implemcnta• :~~'1 t ., ' /! f ! I surr. tion of Lhc Committee's policy decisions meeting$. betwecn Committet 25.- {l) The Commiuc e may from time 10 time engage such I,·~ employees as may be necessary for 11.ie prop er and effic.iem 1~, h11 discharge of its functions. r .. I 1. \ (2) Such employees may be enga ged upon such ierm s and '~ ' condi1ioos as the Governo r may, on the recom mendations of the I I• ,. Committee, det.e nnin c. (3) Public oflicers may be transferred or seco .. '11 . :: mittee or may otherwise give assistance there to. nded 10 the Com • •t! 'I I &ffll1ion of 26.- { I) The use of the seal of the Committee shall be authenti• •' :·1 ' ""'"""" and ~uthc n• ticlllioo or catcd by two signatures, namcl):- ,l r. doe'umrnts (a) the signature of the Chai nnan of the Committee or such Environmental Sanitation [CAP. 52 803 (Miscellaneous Provisions) Qa other member of tbe Committee authorised by the Commit- of tee to authenticate the application of the seal; and ,ay (b) the signature of the Secretary of tbe Committee or such . oth.er officer of the Committee authorised by the Committee to act in the Secretary's place for that purpose. ce• (2) Any instrument or contract which if executed or entered into by a person otber than a body corporate, would not require to be und.e r seal, may be executed or entered into on behalf of the Committee if such person has prevfously been authorised by a Ith resolution of the Committee to execute or enter into that panicu- Jar instrument or contract.

27.-(1) The Committee shall have an officer to be designated s«tt1ary of as the "S,;cn:taI)' of the Committee". • .... ihc Commi•• (2) The Secretary shall act as Secretary to the Committee at its his meetings and shall, ~ubje(;t 10 the directions of the Commiuce; arrange the business for and cause to be recorded anii kept minutes of all meetings of the Committee. the (3) The Secretary shall also perform such fu□ctions as the !he Committee may by writing direct and shall be assisted in his .ta- functions by such of the employees of the Committee as the tee Committee may direct. 1ch PART VUI-FINANCAL PROVISIONS ent 28. The funds of the Committee s hall consist of:- Fundsoflhe , () suehfunds as may ,rom a . rune . to IJme b e contn'buted or Comminee. .nd granted by the Federal or State Government as subventions; the , (b) donations accruing to the Committee from any source for a general purpose of the Commi11ee. •m- '29. The Committee may have bank accounts in such bank., as l!ank the Governor may approve accouats of • ' • the Commit• lli• tee.

30.-( I) The Committee shall keep proper books of accounts io A<x:oun1i 1ch i respect of each financial year and shall within three months after •nd audii. tbe end of each year cause the accounts to be a\111i1ed by an 804 CAP. 52} En~·ironmental Sanitalion (Miscella11eous Provisio11s) Auditor t◊ bi: appoimed by lht Diteetor of Audit who sball make a repon thereon. (2) The. Conlmiue-e shall, as soon as may be. after the er.id of each financiaJ year rcporc of i&s ae1ivities fo r lhat year and shall include in such report a copy of the audited atcounts of the Committee together with the Direcl()r of Audjt's rc.pon thereon. PA..R.T IX-Gm:i::,v,J. PRovwo>i.-s Prov~OOn or 3J.-{I) Any person who establishes or optrate!:i any:- tiubhc con. ~'tqknCCi.. (a) hotel; (b) ciaeina house: (C) supermarket; (dj bee, parlour of any kind; (e) department store; or (/) petrol fi.Ui og st:a1ion; shall provide public ooovenicnocs for the use of its staff aod customers. (2} No licence or a·ppro,.•a.l for the establishment or opctarion of any such hotel, cinema house, supcrm~rke1, bcer parlour, depart- mcnl store or petrol fil1ing station shaJJ be given to any person who falls to comply with tbe pro,-i1>ion of subsection (I) of this section. (3) lt shall be the .responsibility of every person to pTQvidc his buOdjng or any part thereof wilh public conveniences if such building o.r any par1 ilhcreof is 10 be used as.:- (a) hotel; (b) cinema hous.t~ (c} supem,arkct: (d) beer parlour of any kind; (e) departmcn't $tore; or (/) pctroJ filling Sl;)tion. (4) Esery person:- (a) wb.o was opcra1ins;. or (b) whose building or any patt the.reof was being u..scd as:- Environmental Sanitation [CAP. 52 (Mlrcella11eo11~ Pro visions) 805 hotel, cinema house, supermarket, beer department store or petrol filling stati parl our of any kind, on which had no public conveniences and which was in existenc e immediately before the commencement· of this Edict shall comply with ~he provision of subsection (I) of this section. (5) It shall be the responsibility of every Local Government 10 provide:- (a) every market; (b) every motor vehicle park; and (c) such places as the Committee shall reco mmend, in its area of authority with public con veniences for use of the public. (6) In this section "marl<et" means n established by local custom or by the app public or open place ropriate Local Govern• ment for the purpose of buying and selli ng and any othe r place used substantially for the purpose.

32.- ( I) No person shall establish or ope any kind or a hotel within the vicinity of, rate n beer parlour of Loa1ioo of or 500 metres from, any of the following plac within a distance of ~~:: "" es:- • (a) Government Reservation area; (b) POlice station; (c) hospital; (d) school; (e) place of worship; (/) Government Ministry or Ocpanment. (2) Any person who contravenes the pxov of this section commits an offence u.nd isioo of subsection (I) summary conviction is liab le to remove suchcr this Edic t and on as the case may be, and if that person fails beer parlour or hotel, ,parlour or hotel, tbe Committee shall rem 10 remove such beer ove it and the expenses incurred by the Committee in removing person. it shall be borne by that (3) Where a person fails or refuses 10 bea r the expenses incurred by the Committee in removing such beer parlour or hot.el under 806 CAP. 52] Enrironmm((l! Sanitation (Miscellaneous Provisio11s) subsection (2} of lhls scciion, such expenses shall be suOO for and recovered in Lhe Courl by ihe Con:unjttee with foU cost of actiot) from that person as a debt due to the Cou1rnin ee. Mi),"(d, 33.-{I) Any person who:- l ;illO()'IU, UU tO be 6onc (a ) operal'es. a mechanical worksboJ) in any 10,vnship $hall fence in reladon 10 such \\'OJ'kshop with wails; c.n\·i.ro11m-en- 1a l sanil.a• (b) operates- a shop (whether o r not tbe shop has its principal lion. objcc-t the saJe of gramophone reco~) sbaU n91 play aoy such rcc:or<l or ant other form of mechanical reproduction of sound aloud to constitute a nuisanoe to the public; (c) opcrdtes a supennarkct with cwc.1.Hy employees or above shall provide a parking space (which shall be fon ced) for the use of its customc..-s' ruotof vehicles; {dJ sells goods in a shop shaJI display the soods only in the sbop; (e) sells " suya·· shall provide sueh an enclosure M n)ay bt specified by officials of the Ministry of HeaJtb: (f) goes from house io house or street to street with goods for sale Oibcr than a newsvendor .shall effect such sale o nly in a shop; (g) .selJ$ traditional medicinal herbs or drug$ or any other mcdicin~ $hall seU such herbs or dru_f.S or oth.e r m.edidoe only i 11 a s.hop; or (h) sells traditional medicinal herl>s OJ' dmss (>r other medicine shall advertise such herbs or dl'Ugs or other medicine only through 1hc :media. (2) Any newsvendorwho;- (a) sells newspapers or magazines of any kind along a:ny street; or (b) goes fro-m house to house o r 51ree1 lO street with a view to sel1ing ncwspa~r.s or magazines of aoy kind, sha)I register himself as sucb ncwsvcndorwilb the relevant author- ity. (3} Any per.son who contravenes any provisfon of subsection (J) or subsection (2) of lhis S("'Ction. commits an offence and on .summary conviction is liable to a fine of two hundred a11d fifty Environmental Sanitation [CAP. 52 807 (1\fisce/laneous Provisions) r an.d naira or to imp risonment for a term not exceeding four months or i:tion 10 both· and in the case of a continuing offence to an additional fine not exc:ediog fifty naira in resp~ct of each day on which the offence continues. ence (4) In this seciion:- "goods" means commodities of any kind and includes farm :ipal produce, foodstuff, merchandise and manufactured wares; any "magazines" means periodical publications containing ani- tion cles by various writers; "mechanical workshop" means a workshop that bas as its ove principal object the repairs or adjustments of machinery, the engines and tools; "media" means commercial televisions, radios, newspapers or .op; magazines; be "sbop" means a building or parL of a lluilding or a suuccure or part of a structure where goods are shown a.n d sold retail; for "suya" means roasted meat for human consumption. na

34.- ( I) For the purposes of envfronmental sanHation tbe loca- Lo<:ation of 1er ne tion of the category of firms and businesses specified in the ~~•b:J_'"" Schedule to this Edict shall be strictly in accordance with the ~•,sc, to be approved Land Use Schemes for all the urban areas in the State. ~~i:X:t'(i; nc land use 1ly Sch~:s (Schedule~ (2) lo this section " urban areas" means areas designated as No. 6 of 1978. urban areas under the Land Use Act. GGSLN 3of 1984. :o

35. Any person who contravenes anv provision under this Gweral r- Edict in respect of which an offeoce has not been prescribed, offences. commits an offence and on summary conviction is liable 10 a fine of two hundred naira or to imprisonment for a term not exceeding ) four months or to both; and, in the case of a continuing offence, to "y an additional fine not exceeding fifty naira in respect of each day on which the offence continues. I L 808 CAP. 52] Environmental Sanitation (Miscellane()Us Provisions) Abe1mcnt or 36. The provisions or the Penal ofTtJK'<S. Code Law relating to abetmeni Cap . 98. of an offence and to conspiracy 10 mu1a1is mutandis to every offence com mit an orrence shall apply under 1h15 Edict as they apply 10 oITences under the Penal Code Law . Otren,'C$ bv 37.- (1) Where an offe nce is bodies of • committed under this Edict or pa$0 0S. •und er Regulations made thereun der by a body of persons then:- (a) in the case of a body corporate, oth every D irec tor or Secretary or sim er than a pannership, ilar officer of the body; and (b) in the case of a partnership, eve ry pan ner or officer or 1ha1 body, commj1s an offence. (2) No person commits an offe nce this section if be proves 10 the sati by v1nue of subsection (I) of sfac tion of the Court:- (a) tha t the offer1ce was commit ted without his knowledge or conscn1: and (b) tha t he exercised all due car e and dmitence to prevent tl1e commission of the offeuce having stances. regard 10 all the circum• (3) For the purposes of this Edict ship. .. pers on" includes a partner- Pro\tlj.10ns 38. or other I.a ws Any Law in force immediately bef Jnro,11tstcot of this Edict, oth er than 1he ore the com mencement operati wiu ,pro - which is inconsistent with rhis Edi ve parts of the Constitution , V1$t0nJ of ct sha U be constru ed wit h such !:diet lo be modifications as may be necessa comtru<d ry with a view 10 bringing such Law into line with the general inte with m<>(hli• ntion of this Edict. c-tWCls. I; P~v ,;of 39.- {I) In the event of any dou I; Advisory Committee as ro the meaning of any detiruti bt or disp ute arising at any time on t0dec:tde rna ncr shall be referred to the Adv contained in this Edict, the mean ing or take such advice and make such isory Commiuee which shall def11a 1lioons. decision thereon as it thinks fit. (2) The decision of the Advisor y Commin ee 011 any matter referred to it under subsection (I) of this section , shall be binding Environmental Sanitation [CAP. 52 809 (Miscellaneous Pro,isions) 011 Lhe Com.minee and its agertlS and any pers:oo aggrieved and such decision sh~ll be tinal. (3) \Vhc:rc any question as to the meaoi.ns of an}' defiuition has been decided by the Ad1,·isory Comnduee under lhi$ section no question as to the: meaning or tbat defu1idon shall be entertaiued b1· any court of law in the State.

40. N'otwithstaadin.g the provisions or any written Law or Dir«iioia lnslt'Umcnt, the Governor may, after consultation with the Coin• ~r~''t"' mittee, give to Lh.c Comminee in writing dittttioos of a genera] GGS 16of character or specific directions in relation 10 m.attecs appearing to 198S, the Govemor 10 be in the best ifilorost.s of il>e public and the Commit1ee shaJl gjvc effect to any i;uch direction$.

41.-( 1) The Governor may make such Regulations as he may Re,u1:u~.m. think fit for the purpose of gjvins efft.'!tt to the provisions of this Edict. (2) \Vilbout prejudice to tb.e generdJity of subsection (I) of this sa.1ion., Regulations made thereunder m.'ly:- (a) vary the lines; (b) amend sections 32, 33 or 34 of tbis Edict; (c) amend the Schedule to this Edict.

42.-(1) Subject to the provisions of this. Edie1 for lhe summary MobiJe triaJ of offtnccs under this Edict, MobiJe Sanirarion Courts shaU ;&!~0 uy be constituted by the Chief Judge of the State pursuant to the C3Ji, 39. µowers conferred on him by the Crim.inaJ Pr~dure Code Law regarding the constiLution of cl'lmi naJ courts. (2) Notwilhs1>nding subsection (I) of this S<Ctioo, 1he Mobile Sanitation Courts sbaJI have jurisdiction to try s ummarily other offences under:- (a) tbc f>ublic Health L:tw; Cap. 114. (b) the Town and Country Planning Law; c,,,.m. (c) tho Local Government Law; or C.,. so. (d) the Urban Planning and Dcvctopmeut Authority EdicL ('.;ip, 139. 8!0 CAP. S2] E'nvirommmtal Sanitation (Miscellaneous Provisions) SCl-!EOULE i.cx:A.TJ.o.~OF C.-.1:000RYOf Fnots AND Bwo«ssES ro tw.Snucn,y 111 A ~ C F ; "'1Tft ntt Al'l'RO'lt[) LAND 05£ Sa;m,.a:s PM-rl- FlRMS I . Breweries

2. Cattle and Poohry Pceds

3. Processed f'ood

4 . Bone Crushing j _ Dniry aod Products

6. Shoe Mu.ing

7. Saw .Mlllin,g

8. C'..emcnt

9. Burnt Rrldu 10. l'rinti.03 and Pnblishing 11, PharmaceiJticat U. Detergent Fomml:itions. U . Leather Works 14, ln~cidef l.S. Te:xtiics

16. Metal Fabricntioo t7• .fruit Juices

18. SoapMai<i~

19. Toilet P:ipcr

20. Oil Milling 21. farm lmpleme.uts

22. Cement Bloek

23. Glucose 24, Presen•ation of Whole Fruit$

2S. Rice Millint

26. St.arch 27. cam, (Playing)

28. Food (Dehydrated)

29. Tyres M(f Tubes

30. Leathe, Bag, 3 l. 'J'ravetling Kits

32. Jni:ttLStrial Leather 33. :Bone Meat 34. l.eathes J'lbod We.,;-

35. Steel and Woodtn Furl)ilurc 36. !Pottery

31. Counrry n.nd M~ani.7.ed Fisbi.oi &au Enviro,,mema/ Sanitation [CAP. 52 811 (Miscel/a11eous Provisio11s)

38. Frames and Cabinets

39. Tooth Pi<:b 40, Salt 4 l. f'i sl1 Oil

42. Pendts aod Sla1t!:! 4 3. Bolts, Nut$., Nnils, ~ s

44. Saohary Ware

4.S. A.$bestos Cement

46. Chalk 41, Lantcrn!I:

48. Staplin.a, Machines

49. Wi~ and Wire rrodUCl$ SO. Ice Cream aod Refrigeration SJ. Mosquito Coils

52. Are Welding Electrodes

53. Dis.infectrun

54. Maou..re Mixiog: .S>. Paints and Vamisbes $6. Baneriet S7. Dus1ers

58. Fluon:sc:cm Lightit-,t .S9. ti.fo1or AsscmblY. PM'r ll- 0~£.S l. M~chankal Wortshcps

2. Crioding Mills J. Vuk:.tnitil)e

4. Timber Dcalcet .S. CanJe aod other Livcs1ock trading

6. Standard Ho1els

7. Pe!.roleum Sen-ice Stations

8. Motor Dealers

9. Heavy Pri1:nit1t Materials

10. Sl11ugbtcr Slabs