Public Health Law

1968 CAP. 114] Public H ealth "he alt h officer" includes a me dic inspector or oth er person acting al officer of health , a san und er the authority, whc general or special, of the medic al offi cer of hea lth , and whe such san ita ry inspec 1or or oth er person is ser ving in medical or san itary dep anmen1 s of 1he Go ver nm ent or 1 the service of a local gov ern me nt; "infectious diseas e" in relatio n to human beings, me plague, cholera, yellow fever, smallpox, cerebra-spin al IT ingit is, dip hth eria, sca rle1 fev er, typho id, and sleeping s ncss. and includes any diseas e of an infcc1ious or contagi na1ure which the Gover nor ma y by public no1ice declare 1c an infec1ious dis ease wi1hin the meani ng of this Law; "medi cal office r" means a me dical office r in the service of Go ver nm ent and incl udes a qualifi ed medical practitio1 emplo yed by the Government or by a local gov ern me nt for 1 purpose of thi s Law; •·premises" me ans and incl ude s messu ages, buildings. Ian< tenemen1 s, heredi taments, veh icles, tenls, van s, structures any kind, dra ins, dit ches, or pla and any ship or vessel in any ces open , covered or enclose port or on any inland waters. Medical Officers of Healt h App oin t- 4. The Co mmiss ioner may 1he medical o fficer of hea lth appoint an y medical officer 10 l men t of m cdic:il fo r officers of any such app oin tm ent for any any area, and in 1he abs ence < hea lt h. are charge of the area shall be the a the medical office in medic; area. medical officer of health for th Senior 5. Eve ry seni or hea llh offi heal th cer shall be a medical offi cer officers. hea llh, and whilst on du ty in o G GSL N 3 of any place, sha ll have power to the san ita ry work of such pla direc sanitary inspectors, wheth er ce and to give instructions to al 198 3. in the em ployment of the Go ment or not. vern· Dut ies of 6. It shall be the du1 y of eve med ical ins pect 1he areas to which he ry medical offi cer of hea lth to officers of heal t h. is appointed and 10 aba te nui and 01herwise to enforce 1he sances public hcahh. powers vested in him rela1in g 10 [CAP. 114 1969 Public Health Nuisances (CC'11eral) Nuisance~ to be nut'\ances- 7. The folto,,ing shall be deemed "h1ch ma) any premises in such a condition as to be injurious to health: summarily be abated . (a) so dark or so ill-ventilated or so (b) any premises which arc damp or in such a conditi on of dilapidation. as to be dangerous or prejudicial to the health or the persons living or employed therein: (c) any premises which contain rat holes or rat ntns or other similar holes or which arc infested with rats or in which the ventilating openings arc not protected by gratings in such manner as to exclude r:its thcrefrom; (d} an) pool. ditch. gutter. watercourse. cesspool, drain. ashpit. refuse pit, latrine, dust-bin, washing place, well, water tank. barrel, si nk, collection of sullage water, receptacle contain- ing stagnant water, o r other thing in such a state or cond i- tion as to be injurious to health; (e) any animal or bird so kept as to be inj urious to health of man or molesting to neighbours and any animal or bird suffering from a noxious or contagious disease; (D any hole or excavati on, well, pond or q uarry in o r near any street which is or is likely to become dangerous to the public: (g) an) stable. cowhouse, pigsty. or other premises for the use of animals or birds which are in such a conditio n as to be injurious to the health of man or of such an imals or birds; (/,) any noxious matter or water flowing or discharged from any premises into any public street or into any gutter o r side channel of any street; (O any accumulation or deposit of rubbish of any kind what- ever, or any decaying animal or vegetable matter, whether in the form of refuse, manure, decayed or tainted food, or in any forn, whateve r; (J) any growth of weeds, cactus, lo ng grass, reeds or wild bush of any kind which may be injuriou s to health, and any vegetable that of itself is dangero us to children or o thers either by its emu,·ia or through eat ing its leaves, seeds. fru its or nowers;

1970 CAP. 114] Public Health (k) an y pr em ise s ce rt ified by th e he cr ow de d as 10 be in al th of fic er 10 be ju rio us or da ng er ou so over- in m at es ; s 10 th e he al th of th e (/) an y pr em ise s on w hi ch se rv an ts or an d su ita bl e an d w or km en ar e em pl ad eq ua te sa ni ta ry oy ed pr ov id ed ; co nv en ie nc es ar e not (m )a ny ac t, om is si on . pl ac e or th da ng er ou s 10 life. in g w hi ch is or or in ju rio us to he al m ay be GG SL N 3 of (11 ) an y th or pr op er ty : 1983. pl an t or tre e wh ic h m ay be sp ec ifi ed si on er by a no tic by th e Co m m is- e pu bl is he d in th re co m m en da tio n of e St at e G az el le on a m ed ic al officer th e fa vo ur ab le to th e br of he al lh . as bein ee di ng of m os qu ito g wh ic h m ay be spec es. fo un d in an y ar ified in th e sa id no ea tic e. No tic e regarding 8.- ( I ) A he al th of fic er shall, if sa ab ate me nt nu isa nc e, se rv e a tis fie d of th e ex ist of nu isa nc e. on no tic e, he re in af te r ca en ce of a th e pe rs on by wh lle d an ab at em en t os e ac t. de fa ul t or notice. ar is es or co nt in ue su ffe ra nc e th e nu isa s, or . if su ch pe rs nc e oc cu pi er or ow ne on ca nn ot be fo un r of th e pr em is es d. on th e re qu iri ng hi m 10 ab on wh ic h th e nu isa at e th e sa m e w ith nc e ar ise s no tic e, an d to ex ec in th e tim e specifi ut e su ch wo rk s, an ed in th e ne ce ss ar y for th at d 10 do su ch th in gs pu rp os e, an d, if as m ay be de si ra bl e (b ut no t th e he al th officer ot he rw ise ), sp ec ify th in k it in g an y wo rk s to be ex ec ut ed . (2) Th e he al th offic er m ay al so by th e se rv ed on such pe rs sa m e or an ot he r no on . oc cu pi er or ow tic e ne ce ss ar y for pr ev ne r re qu ire hi m to en tin g th e re cu rre nc do what is th in k it de sir ab le e of th e nu isa nc e. , sp ec ify an y wo an d. if he pu rp os e, an d m ay rk s to be ex ec ut ed se rv e th at no tic e fo r th at nu isa nc e m ay for no tw ith st an di ng th th e tim e be in g ha at th e of fic er co ns id er th ve be en ab at ed if at it is likely to re th e heal th cu r on th e sa m e pr em ise s. (3 ) W he re th e nu is an ce ar ise s fro m str uc tu ra l ch ar ac te an y wa nt or de fe r, ct of a no tic e sh all be se rv o r w he re th e pr em is es ar c un oc cu pi ed on th e ow ne r. ed . th e (4 ) W he re a no tic e ha s be en se rv ed on oc cu pi er o r ow ne r) an y pe rs on (in cl ud un de r th is se ct io n in g an (a) th e nu is an ce an d ci th cr - ar os e fro m th e wi pe rs on : o r lful ac t or de fa ul t of su ch Public H ealth [CAP. 114 197 1 (b) such person fa ils to comply wi th any of the requisitions of the notice within the time specified, he shall be liable to a fine of two hundred naira. 9.-(1) lf either- On non- compliance (a) the person (including the occupier or owner) on whom an with 1101icc. abatement notice has been served as aforesaid makes de- coukn may · complymg fault 111 • wrt • I1 any o f tI1e req u1s1t1ons ••• t I1ereo f nuisance mn ·c within the time specified; or order. (b) the nuisance, although abated since the service of notice, is, in the opinion of the health officer, likely to recur on the same premises, the health office shall make a complaint and the court heari ng the complaint may make on such person a summary order, in this Law referred to as a nuisance order. (2) A nuisance order may be an aba tement order, a prohibition order, or a closing order, or a combination of such orders. (3) An abatement order may require a person 10 comply with any of the requisitions of the notice, o r otherwise to abate th e nuisance within a time specified in such order. (4) A prohibition order may prohibit the recurrence of a nuisance. (5) An abatement order or prohibition order shall, if the person Exccut ion of on whom the order is made so requires, or the court considers it works. desirable. specify the work 10 be executed by such person for the purpose of abating or preventing the recurrence of the nuisance. (6) A closi ng order may prohibit any premises from being used for human habitation. (7) A closing order shall only be made where it is proved to the satisfaction of the court that, by reason of a nuisance, premises arc unfit for human habitation, and, if such proof is given, the court shall make a closing order, and may impose a fine of five hundred naira. (8) The court when satisfied that the premises have been ren- dered fit for human habitation, may declare that it is so satisfied and cancel the closing order.

1972 CAP . 114] Public f-lealrh (9) If a person fails 10 comply with the prov ision s of a nuisance orde r with respect to the abat eme nt of a nuisance he satisfies the court that he has used al l due dilig he shall. unless ence to carry out such orde r, be liable 10 a fin e of ten naira a day durin g hi s default ; and if a perso n knowingly and wilfully acts cont rary 10 a prohibi- tion or clos ing orde r he shall be liabl e to a fine of twenty naira a day during such contrary action; moreover the health officer may enter t he premises to which a nuisance orde r relat remove the nuisa nce, and do whatever may es, and abat e or be necessary in exec ution of such order. Po"c rto \ ell 10.-(1) If an orde r of the cou rt or notic e of the prcm im. for the abate ment of a nuisa nce by the occupier health office r or owner is not complied with because the occupier or owner cann because the occu pier or own er is imprisoned, ot be found or the health officer may appl y to the court for an orde r to have the nuisa nce abated, and all costs of and expe nses incurred in conn ection therewith shall be paid 10 the health officer by the occupier or owne r, and may be recovered as a debt. (2) If no owner or occupier can be found or if the expe nses arc not paid within six months after the completion of the abatement of such nuisance, the court may orde r the premises upon which the work shall have been done. or any part thereof. or any movable prop erty found thereon belonging to such occupi er or owner 10 be sold to defra y the said costs and ex penses. (3) The rules of coun relating to sales in exec ution of decrees shall ml/la tis 11111/andis apply to such sale. Righ i of JI.- ( I) (a) 11 shall be lawful fo r the healt cniry. h officer to ente r any premises at any time betw een the hours of six in the morning and six in the even ing for the purpose of examining as to the existence thereon of any nui sance. or until a nuisa nce fo und 10 exist has been abated or the works ordered 10 be done are completed or the closing orde r is cancelled as the case may be, and when a nui sance orde r has not been complied with or has been infringed. to ente r premises at all reaso nable hours for the purpose exec ution or the o rder. of securing the (b) If the admission 10 premises is refused. the court may require the perso n ha ving the custody of the prem ises to admi1 the Public Health [CAP. 114 1973 health oflice r into the premises during the prescrib ed hours, and if no person havi ng the custody of the prem ises is found the court may au thorise the health officer forcibl y 10 enter on such premises. (2) Any such order shall continue i n force unt i l the work for which the entry was necessar y has been done. ( 3) Any person who refuses to obey such order or in any way hinder . prevents or obst ructs the executio n of the order shall be l iable 10 a fine of two hundred nai ra. 12. A ll reasonable costs and expenses incurred in serv ing the Cost of execution notice, maki ng a complain t or obtainin g an order or in carrying the relating 10 order in to effect shall be deemed to be money paid at the request nuisance. of the person on whom the order is made. or if no order is made. but the nuisance is proved to ha ve existed when a notice was ser ved or the complai nt made, then of the per son by whose act, default or sufferance the nuisance was caused; and in the case of nuisances caused by the act or default of the owner of the premises, such cost and ex penses may be recovered from any person who is for the time being owner of such premises. 13.- ( I ) Whoeve r by any act or default causes or suffers to be water. Fouling brought or to now i nto any well, ri ver, stream, tank, reser voir. aqueduct or pond used or intended for supplying water 10 man or beast or into any conduit commun icati ng therewi th any delete- rious substance or docs an y act whereby such water is or may be fouled shall be liable 10 a fine of two hundred naira and a further sum of forty naira for ever y day during which the offence is continued after co nvict ion. (2) Such penalties may be recovered during the continua nce of the offence or within one calenda r month after it has ceased. 1-t. T he hea lt h officer may, at all reasonable hours, inspect any llcallh carcass. mea t, poult ry, game, fish. vegetables, corn, bread, nour. or ~fficcr ~ay_, ins pect ,oo u . . . other provisions exposed for sale o r deposited 111 any place for the c,xp oscd nd for purpose of sale or of prepara tion for sale and intended for the food saleda con cmn of man. the proof that the same was not exposed for sale or unsound deposited 'for purpose of sale or preparation for sale and was not food. intended for the food of man resting with the pa rt y charged; and if any such art icle appears to the hea lth officer to be d iseased or

1974 CAP. 114] Public Health unwho lesome or unfit for the food of man he may condem same and ord er it to be destro n yed or so disposed of as to pre the from being used for the foo vent it d of man. and the person to Penal!}' for belongs or in whose possessio whom it n liable to a fine of twenty naira or pre mises it was found shall be selling. any subseq uent conviction. for every article conde mned, and for to a fine or on e tho usand nai impri sonme nt for six month rn or to s. Sea rch IS. If any health officer or warran1. cause the court ma y grant a police officer shall show rea warrant to ent er any building sonable the re is reason for believing in which tha t meat. poultry, game, fish, veg there is kept any animal. carcass. provisions int end ed for sal etables, corn, bread, flour, or oth er e for the food of man. wh diseased, or unwholesome, i ch arc or unfit for the food of ma search for, seize, and carry aw n. and to ay any such animal or oth er art ord er to have the same dealt icle in with by the court. Pen altv for 16. Any person who hin der officer in the performance of s. prevents or obs tructs any such obs truc ting officer with sea rch his du ty unde r such search wn shall be liable to a fine of two rrnnt warrant. hu nd red naira. Streets an d Open Sp aces Ow ner or 17.-(1 ) Every ow ner or occ upi er to occupier of any ten ement sha clea r streets and keep free from all un ll clear nea r his dergrowth , weeds , filth. rub ref use of any description, the bis h, and prcmi~cs . streets at the fro nt, back or GO StN 3 of sid e of such tenement, with the either 1983. such street dra ins, gutters, or channels, s: on Provided that when there sha any street, drain, guner, or ll be two tenements contiguou channel, and facing each oth s to ow ner or occupier of each suc er. h tenement shall be responsib the keepi ng clean only hal f of le for chann el nearest to his tenem the street and the dra in, gutter. or ent. (2) Every ow ner or occupier provisions of this section sha who shall fail 10 comply wit ll h the two hundred naira. for each offence be liable to a fine of Pen altie s 18 .-( I) Any person who- for cert ain offe nces. (a) throws or lays on an y str eet or tenement. whether occ or not , or on any op en space upied (excep t at suc h places as ma y ln: Public Health [CAP. 114 [975 set apart by the proper authority for such purpose) any rubbish or any offensive or unwholesome matter: or (b) commits any nuisance in any street or in any ope n space o r in any place being an appurtenance of or adjoining a dwelling-house, shall for each offence, in addition to any liability for damage at the suit of any person aggrieved, be liable to a fine of two hund red naira. (2) Any person found committing any o ffence under I his sect io n may be taken into custody without warran t by any police officer. sa nitary inspector or person whom he may call to his aid. or by the owner or occupier of the property on or with respect to which the offence is committed, o r by any person authorised by him, and may be deta ined until he can be delivered into the custody of a police officer: Provided that no person arrested under this sect ion shall be detained by any police o fficer or other person longer than is necessary for bringing him before the court. Infectious Diseases 19.- ( I) Whenever an infectious disease shall have broken out Declaration in any place, the Governor may by public notice declare such place of infected area a nd or any portion thereof to be an infected area and may in like order for manner order the evacuation of the whole or any part o f such evacuation. infected area. (2) It shall not be lawful for any person to reside or carry on business within any infected area o r portion thereof which is compri sed in an order fo r evacuation, or to enter or be therein, except when passing along a thoroughfare allowed to remain open to the public, without an order in writing to that effect signed by a medical officer, and upo n such conditions as such med ical offi cer may in such order direc t. (3) The penalty for a first offence shall be a fin e of five hundred naira or three months' imprisonment and for subsequent o ffences a fine of one thousand naira or six months' imprisonment, or both. 197 6 CAP. 114] Pu blic Health Spi rit and 20. An y person licensed sit ua ted in an y infected are to sell intoxicc1 tin g liquors in pre mises win e and bee r lice nce s a compri sed in an ord er for 111 arc:1 sha ll be entitled to a tra nsf evacua tion. ord ered er of the lice nce to pre mi ses ou tsi de the infected area to be cvacua1cd. where no higher licence fee situ ated unless the Commiss ioner sha is pay ll ord er a refund of the whole able po rtio n of the fee paid fo r or an y the licence. Pow er to 21 . Wheneve r in the op order pos t- inion of the medical office rea son to suspect tha t a per r mo rtem c>.a min atio n. son has died of an infectio us the re is shall be lawful for the medic disease, it al officer to order tha t the bo deceased pe rso n shall be dy of the conveyed to suc h place as officer shall ap point , fo r the medical suc h exa mination as he ma necessary. y consid er M:1rking of 22. A health office r ma y pre mis es ca use to be placed on or ab premises in which any cas whe re infe ctio us e of infect ious disease has occ out any ma rk wh ich he ma y dee m discnsc ha s adv isable fo r the purpose urred any occ urre d. the oc cu rrence of such diseas of denoti ng e. an d may keep suc h mark suc h tim e as he may deem aff necessary, an d any person rem ixed fo r ob lite rat ing an y such ma rk witho ut the au tho rity of a hea ov ing or sha ll be lia ble to a fine of lth officer one hu nd red naira. Disinfe ctio n. 23. A hea lth officer ma y in which an y case or sus ord er the disinfection of an y building pec occu rred and of any articl e ted case of infectiou~ disease has or thing in such building. Pow er 24 .-( 1) Th e local governm ma y ord er the destruction ent or the med ical officer of health to ord er dcs1 ruc1 ion of ho use . of any building in which infectiou s dis ease has occ a case of bui ldin g or urred . or of an y article or any thin g. ma y be consid ered necessary thing which GG SLN 3 of in the interest of the public 198 3. hea lth. ( 2) An y suc h ord er shall be such pe rso n as the local go carried out in such ma nn er and by vernm ent or medical office ma y d irect. r of hen Ith Des t ruc tion 25. A medical office r of an y an im ab wh ich he has health ma v ord er the dest ruc tio n of of ani nrn b. reason to bcl.ieve arc likely in the transmiss ion of an 10 he agents infectious disease. an d ma the carcasses of any an im y dispose of als so destroyed in such ma ma y think pro pe r. nner as he [CA P. J 14 1977 Public Health cause any person suffering and Rcm o,al 26.* .-\ medical officer of health may ctious disease to be dete n- to be suf feri ng from an infe tion of or suspected or oth er place provided by the person~ and infec ted removed to a Governme nt hospi tal to be detained the re until he ~usp c.:c1~. nt Governme nt o r by a loca l governme lic. pub ca n be disc harged with safe ty to the Isolation of ord er any person livi ng in cont 27.* A medical officer of health may bro ught into con tac t acts. nd. or oth erw ise thl' same house or com pou ted 10 be suffering from an with any person suffering or suspec h place as the Go ver nm ent suc infectious diseasl! , to be isolated in can be disc har ged with safety 10 the pub lic, may provid e, unti l he medical office r of hea lth to and eve ry person autho ri sed by the e as is necessary to com pel forc carry out suc h order may use such obedience to such ord er. house is suffering from an of Noti ficat ion 28.- ( 1) When an inmate of any and in his def ault the infcct1ou~ dise ase , the hea d of the fam i ly disc.isc. infectious and in de fault of suc h person person in a11endancc o n the pat ient sha ll, as soo n as he becomes ng the occupi er or owner of the bui ldi an infect ious disease, give ng from awa re that the pati ent is suf feri to the med ical officer of hea lth. notice the reo f ora lly or in writing sulted by or in atte nda nce on and every medical practitioner con ctious disease sha ll give such any patient suffering from an infe notice. ice fai ls to give the notice (2) If an yon e liable to give not e of one hun dred naira o r to req uired, he sha ll be liable to a fin im prisonm ent for two mo nths: le to give notice in the fi rst Pro vided that if a person is not liab e oth er peson, he sha ll not be instance but only in defau lt of som court tha t he had reasonable liable to a pena lty if he sati sfies the been duly give n. cause to suppose tha t the notice had notice in writing req uire the bedd Removal of 29.- ( I) A hea lth o ffice r ma y by hav e bcl! n ing. and of any bed d ing, clo thing or oth er art icles, wh ich cloth ing. for owner same to be delivered to such disinfection. exposed to infection to cause the pose of disinfcc1ion. health officer for removal for the pur *Federal. ·

1978 CA P. 114] Public H ealth (2) The bedd ing, clothing and art icles shal l be disinfected by the health officer, and shall be brought back and deli vered 10 the owner free of cos1. Letti ng 30. Any person who knowingly lets for hire infec ted any house in whic h ho uses. any person has been suffering from any infe having had such hous e and the articles ther ctio us disease without ein properly disi nfec ted to the satisfaction of the medical officer of health, shall be liabl e 10 a fin e of two hundred naira. Ac1s lendi ng 3 1. An y person who - 10 the sprea d o f disea se. (a) while suffering from an infectio us disease or being in charge of any person so suffering, docs any act or thing whi ch tends to the spread of the disease; or (b) gives, lend s, sells, tran smit s or exposes without previous disi nfection any bedding, clothing or othe r article whic h has been ex posed to infection, shall be liab le to a fine of two hun dred nair fo r three months. a or to imprisonme nt Infec ted 32. Any person who, whil e suffering from perso ns ease, en ters any ship or public con veya any in fecti ous dis- en tering publi c nce without prev ious ly notifying to the person in charge ther eof conv eyanc e that he is so suffering, wi1hou1 shall be liab le to a fine of one hundred nair 1101 ice 10 the a or 10 imprisonment for one month. and in addit ion may be orde perso n in red to pay to the owner charg e. of the ship or public con veya nce the amo unt of any expense such owner may incur in disi nfecting the ship or public con veya nce. Disin fectio n 33. Every pers on in charge of an y ship or shall to the satis faction of the med ical offic public conveyn nce of publi c conveya nces. ately provide fo r the disinfect ion of such er of health imm edi- ship or public con vey- ance afte r it has to his knowledg e conveyed any person sufferi ng from a ny infe ctious disease, and ifhe fails to do so, shall be liable to a fine of one hundred naira: Prov ided that where the pers on in charge of owner of any such ship or public conveya nce is unable in the opin ion of the med ical officer of henlth effec tuall y to cleanse and disi nfec t such ship or public conveyance, the same may be clea ned and disinfected by the medical officer of health at the expense of the person or owner. Public llea/th [CA P. 114 1979 34. Every health officer, police officer o r in the case of a person sion /\pprehcn• of subject to the jurisdiction of area courts. any authorised officer of a persons in public local governmen t, may apprehend and take or cause 10 be appre- ~trccts hended o r taken, to a hospital any person whom he shall find in suffering a ny public street, public place, shop o r public conveyance suffe ring from infectious from any infectious disease. disease. GGSLN 3 of 1983. 35.-( I) When any infectious disease is epidem ic in any place, Appoi nt- the Commissio ner may appoint whatever medical or other officers ~~e;s~ of he may think fit to be visitors therein. visitors. (2) Such officers may enter any premises in wh ich there may be, or be suspected to be, any case of infectious disease and examine such premises and give such order as to the cleansing or disinfec- tion thereof o r o therwise as they shall consider necessary. 36.-(1) The owner of any building, a rticle or thing destroyed <;ompcnsa- under an order made in pursuance of section 24, and the owner of ~GSLN 3 of any animal killed unde r an order made in pursuance of section 25, 1983. shall be entitled to compensati on to be paid either out of general revenue or out of the funds of a local governmen t as may be prescribed or as the Commissio ner may direct. (2) All claims for compensati on under this section or under any rules under sectio n 40 shall be heard a nd determined by a compensati on board which the Commissio ner is hereby em- powered to appoint, consisting o ft wo persons, one of whom shall be unconnecte d with the Governmen t service. (3) The unofficial member o f the board sha ll be enti tled to his actual out-of-pock et expenses, and the Com missioner may, at his discretion, allow to him such further remunerati on as he may think fit. (4) In appointing a ny compensati on board the Commissio ner may- (a) define the limits of the jurisd iction of the board; (b) appoint any member by na me o r ex officio; (c) in case any person appointed shall be or become unable or unwilling to act, or shall die, appoint another member in his place.

1980 CA P. 114) Public llea llh (5) Every app oin tme nt made und er this section shall be notified in the State Gazette. (6) A com pensation board shall hav e all the powers of the High Cou rt to sum mo n witnesses, and to call for the production of books, plans o r documents and to exa mi ne witn esses and pan ics on oath and all persons sum mo ned to aue nd and give evidence or 10 pro duc e books, plans or doc ume nts sha ll be bou nd to obey the sum mon ses served upon them as full y in all respects as if the sum mon ses had bee n issued by the High Court. and shall be en titled 10 like expenses as if they hav e been sum mo ned 10 att end suc h court on a crim inal trial. if the sam e shall be allowed by the board. but the boa rd may disa llow the whole or any pan of such expenses in any case if they think fit. (7) If the two mem bers of a com pen agree on the amo unt of com pensati sati on boa rd arc unable 10 on to be awa rded (or on any poi nt of practi ce or procedure ari sing before them ) the amo unt of suc h com pensati on (a nd the point o f practice or procedure) sha ll be referred for decision 10 a jud ge of the High Cou rt. who shall fo r pu rposes of the reference be dee med 10 be a mem ber of the compensati o n boa rd, and whose dec isio n sha ll be dee med to be the dec ision of the board. (8) The award of the compensation board shall be in writing. signed by the members or by the judg sha ll be final. e, as the case may be, and (9) An y witn ess who sha ll wilfully proceed ings before a compensat ion give false evid ence in any board sha ll be guilty of perj ury and be liable to be prosecuted and pun ished accordi ngly. T11nc with in 37. Every claim for com pensati on whic h claim s shall, within two months for com pcn- afte r the hap peni ng of the eve nt in sa110 11 shall resp ect of whi ch the claim is made, be sent eith er directly 10 the be mack . com pen sati on board or 10 an ad ministrative officer for transmi ssio n 10 suc h boa rd ; and no claim which has not bee n sent to 10 ei ther such board or officer withi n the said period of two mon ths with the consent of the Com mission shall be ente rtained unless er. Rcs1raction 38. No civil proceedi ng of any kind on civil wha tsov er shall. with out proc cccl ings, the wri tten co nsent of the Att orn ey-G eneral. be bro ught against any person fo r damages or compen sati on in respect of any Public I l ealth (CAP. 114 198 1 measures taken or to be taken unde r this Law to prevent the spread of any infectious disease. 39. Where a person in charge of o r in a11cndancc on or living l'rcsump11011 of with a person suffering from an infectious disease is charged wi th knowledge. an offence against this law relative to such infectious disease, he shall be presumed to have known of the existence of such disease in such person unless and until he shows to the satisfaction of the court that he had not such knowledge and could not with reaso n- able diligence have obtained such knowledge. 40. The Governor may make rules- Power to make rules. (a)*for isolating all persons suffering or suspected to be suffering GGSLN 3 of from an infectious disease, or brought into contact with any 1983. person so sufferi ng, or suspected; (b)*for inspecti ng and granting permits to persons travelling by sea or land from a place where a n infecti ous disease has occurred, and for disinfecting their clothes and e ffects; (c) for closing, destroying, disinfecting, cleaning o r otherwise renderi ng harmless, houses, buildings, latrines, wells, dust- bins, clumping gro unds and any place that by reason of the existence of infectious disease it may be deemed advisable so to deal with; (d)*for prohibi ting the removal of property from infected houses; (e) for prescribing the mode of burial o r disposal of the bodies of persons dying from an infectious disease; Cn for the removal of persons from an infec ted area the evaucation of which has bee n orderd by the Governor; (g)*for establishing a cordon around any place where an infec- tious disease has occurred o r otherwise preventing persons departing from or going to any such place; (h) for prescribing the reporting of cases o f s ickness and death ; (i) for the erection of temporary huts, mortuaries and similar buildings by the chiefs or headmen of towns or villages; *Federal.

1982 CAP. 114] Public llealth (j) prescri bing the acts or things. done under any rule, in respec t of which compe nsation may be paid: (k) for declaring whethe r compe nsation shall be paid out of general revenu e, o r out of the funds of a local gove rnment: (/) for the publication within the area affected of any notice under section 19 or rule made under this section ; (111) for prescribing the procedu re to be adopted by a com pensa- tion boa rd; and (11) generally for the be11er carryin g into effect of any of the provisions of this Law relating to in fecti ous diseases. Miscellaneous Provisions General 4 1. A local gove rnment counci l may make by-laws wi th regard purpose s to:- for "hich by-laws may be made. (i) the maintenance of public latrines. urinals, dust-bins GGSLN 3 of and manure and night-so il depo ts in a sani tary I 983. condition; (ii) the disposal or destru ction of refuse and sewage; (iii) surface scavenging. and the removal and disposa l of night-soil and of other refuse: (i v) the clea nsing of streets; (v) the provision and proper construction of rubbish recepta cles on private premises; (vi) the erection and constr uction. demolition, re-erec- tion and construction. conversion and reconversion. alteration. repair, sanitat io n and ven tilation of pub- li.c and private buildings; (vii) the prevention of overcrowding in premi ses or rooms either in respect of human beings or anima ls, includ- ing the designation of an officer to fix (subjec t, where the premises or rooms arc si tuated wi thin the area of a local authority. to a right of appeal by any person affecte d to such aut hori ty) the maximum numbe r of human beings or anima ls which may occupy an y ,partic ular premises or room: (viii) fo r prevent ing in any place where an infectious disease exists. the holding of public meetings or the performance of fun eral or other local customs likely [CAP. 114 1983 Public Health ctious dis- to tend to the dissemination of such infe ease: other kinds of (ix) for the destruction of rats. mice and such parasites vermin. and of fleas. bugs. or any othe r and for a<; it may be deemed advisable to destroy rendering houses rat-proof; workshops. (x) the sanitary maintenance of factories, recreati o n breweries and places of pub lic inst ruct ion, or assembly: aerated water (xi) the regulation of bake-houses. dairies. -prepa ring or manufacturers, eating houses and food food-prescrvi 11g establishments; h-houses: (xii) the regulatio n of laundries and was of cattle or othe r (xiii) the admission into any urban area animals; er sanitary main- (xiv) the construction, position and prop ; tenance of all places where animals are kept g and disinfect- (xv) the method to be ado pted in cleansin by any animal ing places which have been occu pied disease: suffering from a con tagious or infectious on employed in (xvi) prescribing the duties of any pers Law: connection wi th any of the purposes of this of borrow pits (xvii) prohibiting or regulating the making or excavati ons; ing of wells and (xviii) prohibiting o r regulating the sink providing for the closing of wells; and ing such mat ters or (xviv) prohibiting. regulating or prescrib or advisab le in things as may be deem ed nece ssar y the interest of the publ ic heal th, and generally for carrying out and giving effect to the objects and purposes of th is Law. ent und er this Law By-laws. 42. No by-law made by a loca l gove rnm been approved by the shall come into operation until it has Governo r. 19 84 CAP. 114] Public Health Legal Proceedings Penally for 43. An y perso n wh o wil ~~;~~f~i ~1 ~f any hea lth off fully hin der s, pre ve nts, or 1 1his Law. icer or oth er person in the ob str uct s execu tio n of thi s La w shall be liable to a fine of on e hu nd red nai ra. Obs1ru c1io n 44. If the oc cu pie r of any of own er by pre mi ses pre ven ts the ow OCCUJlier. fro m ob eying an y o rde r ma ne r the reo f de un de r or car rying int o the pro vis io ns of thi s La w, effect any of the co urt , on com pla int , of suc h pre ve nti o n, shall an d on proof by ord er req uir e suc h occ the exe cut ion of a ny wo rks up ier to per mi t wh ich ap pe ar to the co urt the pu rpose of ob eyi ng necessary for suc h ord er or car ryi ng int pro vis ion , a nd if, wi thi n tw o effect suc h en ty- fou r ho urs aft er ser vic the ord er suc h occ up ier fai e on him of ls to co mp ly the rew ith , he to a fin e of on e hu nd red na shall be liable ira for eve ry da y du rin g the of suc h no n-c om pli ance. con tin uan ce Gen eral 45. Fo r eve ry co ntr av ent penal1ics. ion of the pro vis ion s of thi for eve ry om ission to do any s La w an d thi ng req uir ed to be do ne this La w for wh ich no oth by or un de r er pen alt y is pro vid ed , the be lia ble to a fin e of fiv e off end er shall hu nd red nai ra. RCCOVCI) Of 46.-( I) All pen alt ies, fin es wh ich is not oth erw ise pro , cos ts an d exp ens es, the rec ove ry of penalties. vid ed for , sha ll be rec ov sum mary tri al. era ble up on (2) Th e Go ve rno r ma y by ord er con fer up on all co urt s jur isd iction to im po or an y a rea se pen alt ies, and to ord er of cos ts an d exp enses, un the pa ym ent de r thi s La w, up on or by to the jur isd ic tio n of suc per sons sub jec t h co urt , sub jec t to suc h res lim ita tio ns, if any , as ma tric tio ns and y be spe cified in suc h ord er. Ser vice of 47.-( 1) A no tic e, ord er notices. or do cu me nt req uir ed or t his La w to be ser ved on aut ho ris ed by the ow ne r or occ up ie r of sha ll be dee me d to be an y pre mi ses pro per ly add res sed if ad de scr ipt ion of the "own er" dre ssed by the or "o ccu pie r" of suc h pre fur the r des cri pti on , and sha mi ses wi tho ut ll be de em ed to be pro per is del ive red to som e ad ult ly ser ved if it per son on the pre mi ses, o suc h per son on the pre mi r, if the re is no ses to wh om the sam e can abl e dil ige nce be del ive red wi th rea son - , by fixing the no tic e o n som ou s pa rt of the premi ses. e con spi cu- Public lleahh {CAP . 1 14 19 85 (2) A no tic e, or de r or docurnen_t req u! red or La w to be se rv ed on au th or ise d by t_his a ny pe rso n (111cl ud111 ma y be se rv cd - g an ow ne r or oc cu pi er ) (a ) by de liv eri ng the sa me to su ch pe rso n; (b) by de liv eri ng th e sa me , at th e us ua l ab od e of such pe rso n, or las t kn ow n pla ce to so me ad ul t me mb of his family . er or se rv an t of .is .- ( 1) The oc cu pi er he alt h officer or an y po of an y pr em ise s sh all . if req ui red by an y Occup11:r lic e officer, giv e his na ad dr es s of the ow ne r me an d the na me an d to give of the pr em ise s if kn mforma11on. ow n. (2) An y oc cu pie r de cli nin g to giv e o r wi na me or ad dr ess eit he lfully mi ss tat ing th e r of hi ms elf or of th e a fine of on e hu nd re d ow ne r sh all be lia ble na ira . to ..i9. Ev ery po lic e of ficer sh all giv e in fo rm office r of an y of fen ce ati on to th e he alt h wh ich he kn ow s or ha Du tie s of been commi11ed ag ain s rea so n to be lie ve ha st thi s La w. s pol ice. 50. Ev ery sa n ita ry in sp ec to r while ac tin vir tue of his ap po in tm g as such sh all . by ani en t an d wi th ou t be ing tar y to be a po lic e of fic er sw or n in , be de em ed ins pec tor s an d ha ve all po we rs 10 hav e of fic er fo r th e pu rp os an d pr ivi leg es of a po e of th e ex ec ut io n of lic e powers of his du ty un de r th is La w. constables. S I. W he re an y nu isa nc e ap pe ar s to be ca us ed or co nt rib ut ed wh oll y or pa rti all y Joi to by th e ac ts or de nd cr of pe rso ns (in clu din g an fau lts of tw o or mo re parties. ow ne r or oc cu pie r), a on on e or se ve ral or ny or de r ma y be se rv all of su ch pe rso ns an ed in sti tu ted ag ain st on d pr oc ee din gs ma y be e or se ve ral o r a ll of on e pr oc ee din g o r no su ch pe rso ns , wh eth er t, an d on e or se ve ra l of in ord ered to ab ate such a ll such pe ro ns ma y be nu isa nc e so far as th co ur t to be ca us ed by e sa me ap pe ars to th his or th eir ac ts o r de e finds as a ma tte r of fau lts wh ich the co ur fac t co nt rib ut e to su t fined or ot he rw ise ch nu isa nce, or m ay pu ni sh ed no tw ith sta be de fau lts of an y on e nd in g th at the ac ts of su ch pe rso ns wo ul or ca us ed a nu isa nce, an d no t se pa ra tely ha ve d 1h c co sts ma y be d may ap pe ar fai r an d is tri bu ted as 10 the co rea so na ble . ur t 52. W he re in an y pr oc ee di ng un de r th su mm on ed or ot he rw is La w an y pe rso n is ise de alt wi th as th e Bu rde n of oc cu pi er of pr em ise s if proof.

1986 CAP. 114] Public Health be alleges th at he is no t th e oc cu pie r, the pr sh all be on hi m. oo (o f such allegation Protectio n 53 . A health officer of health or ot he r person shall officer. ac tio n, lia bil ity or de no t be liable to an y ma nd on ac co un t of bo na fid e for th e pu rp an yt hi ng do ne by him ose of execu tin g this Law.