Wild Animals Law (CAP. 51)

l CAP. 151] Wild A11im,1/s 30. 31. Huntins in r,amc sanctuary prohibitc"t Dcrlar.lition of clO!>C' season. . . ,, , Hunting of t'nimal~ in close ~:ason prolub,t~d. PAR 1 1V-Re-TR1cno~o~ ManousoF tlu,,'TINOA.'<D Dcsn;llBll'G Wn.J> LIFE 3:; 34. 35. 36. 37. 38. 39. 40. 41. 42. ~3. 44. 45. 46. 47. 48. 49. so. SI. 52. 53. 54. Restriction on kill in& of fish. . .• Use of motor vehicle or ~ircraft for hunung pr< >l11b1ted. . . Use of motor ,·chicle or oirerafl to stampede animals proh1\11ted. PAR1" V-Tr.AfflC 1N TROPHIES Possession of trophy. Onus of proof. txclaration of trophy. Disposal of trophy. Government ownership of animals. Disposal of Government property. . Finding of remain~ of elephant or rhmocros. . • Finding rcm ains of other specially protected animals ... PAllT Vt-Gerow. PaovtSIONS Destruction of animals of necessity. Where animal killed of necessity is elephant. Power to search and seize. Power of arrest. . • r !Ii d Payment for information leading 10 conv1c11on o o en er. Eggs of birds. PosSCS5ion of sale of powdered rhinoceros horn. Power to prosecute. Regulations. Pcnahics. Special permission. Wild A11imr1is Cl!i\J"n:R 151 • WILD ANIMALS A L,w TO PROVIDE FOi( TIIE BETl'f.R COlffROL, CoNSr.RVATION ANO MANA<1~:-IENT OF Wu.I) i\Ni,,tALS : ,,0.:- NN 1%:i. C~p 1-.~. SSLN' I t.:f J9A2. (JO April 1963 I p,i, of l'ART I-PRELIMINARY l. This Law may be cited as the Wild Animals Law. con1mcnc-c. m(nt. Shor1 title. 2. In this Law:- tn1<rpma- tion. ~:n~:t~a~e:~!r~~f. vaen~t~::::st:~b:;~{1!:t~~: 1!:~ ffii'. 1 of nests, eggs and eggshells thereof; "Commissioner" means the State Commissioner for the time being charged with responsibility for animal and forest re• sources; "court" means a magistrate's court ·or any area court on which C.p. 9. . jurisdiction has been conferred in accordance with section 24 of the Area Courts Law; "firearm" shall have the same meaning as in section 2 of the C.p. 69 Fircanns Act; (19SS>. "Game Protection Officer" means any person authorised by the Commissioner to enforce the provisions of this law and any regulations made hereunder and includes the State Game Warden; "to hunt" means to kill or capture or take or to attempt to kill or capture or take an animal or any intentional causing of injury, or any attempt to cause injury to an animal; 111. 2806 CAP.151) -------·-------------- Appoint­ ment of officers. Prohibited animals. Fim Schedule. Permission tohuJ\lP~ hibitcd animals. • 1n11naturc elephant"' me?.ns a.n dcphant, the tusk or tusk·-of which when weighed together Jo not exceed twcmy--two pounds in wcii:ht; .. mature elephant .. means an elephant, the tusk or tusks ~f which when weighed together exceed twenty-two pounds m weight; • .. State" means Sokoto State of Nigeria; "trophy" means any prohibited animal or specially protected animal either alive or dead, or anything which is part of or produced from a prohibited animal or a specially protected animal or part thereof, but does not mclude any part thereof which has by a bona fide process of manufacture lost its original identity; "wild animal" means any animal not normally found in a domesticated state. 3. A State Game Warden and Game Protection Officers shall be appointed. PART 11-PROHIBITTD ANIMALS, SPECIALLY PROTECTI:D ANIMALS AND PRanCTED ANIMALS 4. The animals specified in the First Schedule shall be prohi­ bited animals. 5.-(1) The Commissioner may give permission in writing to any persc,n to bunt any prohibited animal on such conditi~ns as the Commissioner may specify so, however, thatsuch perm1ss1on shall only be given for important scientific purposes or for essential administrative reasons. • • (2) No person shal1 hunt or~ in posse~ion of anr ~rohibited animal except in accordance with the wntten pern11ss1on of the Commissioner under this section. -1 Wild Animal:, [CAl'. 151 ----------·---------···---·-----· 6. The ar.;,-:als specified in the Sc-cC'nd S,h::dul;: sh,,11 be specially protected animals and the animal; sp~ri1,cd in the Third Schedule shall be protected ::nimab. 2807 :;1}«i;:,~I·/ r:ot«tc·d ~mimzls nod prot«tcc1 :!nimz!..,, S<C<Jnd Schcd1:t:­ Third Schc-du?t. 7. The Commissioner may grant a licence to any person to u~nre to hunt or be !n possession of any specially protected animal or ~u;tP'.~i­ protected. ammal. t«1co and 11rotrclC"d anim?b. (2) No person shall hunt or be in possession of any specially protected animal or protected animal except in accordance with a licence issued under this section. 8.-(1) Any court before which a person is convicted of any Suspension offence under this Law or the regulations made thereunder may, in or lirena:. addition to any other penalty imposed, if the person convicted holds a ·1icencc under section 7. suspend his licence for a specified period. (2) Any person so convicted, if he holds a licence under section 7, shall produce the licence within such time as the coun may direct for the purpose of endorsement. (3) A licence suspended by a court in accordance with this section shall during the term of suspension be of no effect and shall for that term be rct~ined in the custody of the court and·a person whose licence is suspended shall during the period of suspension . be.disqualified from holding a licence under this law. 9. No person shall hunt any female prohibited animal, female Hunting or specially protected animal or female protected animal when such :ic ~•i­ animal is accompanied by its young or the young of the same """"'W:,'::,hi­ species, unless otherwise specially authorised to do so under the bited. provisions of this Law. 10.-{ I) Any permission in writing or licence issued under the Pmnission provisions of this Law shall cover in addition to the holder of such or licence to permission or licence, any other person employed by him to assist ~~ ... him in hunting. . • Animals killed in dc­ frnr,· of life or proptrt)'. Notice o( intention to crate opme =•· CAP. 151) Wild Anim~;!s (2) Notwithstanding the provisions of subsection (I). no person employed lu assist the holder of permission, or a licence under this Law shall discharge any firearm in the hunting of the animal in rcspc~I of which such permission or licence is issued. 11.-( I) ~01wi1hstanding anything in this Law contained. no person shall be deemed 10 have commiucd an offence against this Law by reason of his having killed any prohibited, specia!ly protected or protected animal in defence ofhimsel,f or of any other person. (2) Any person who kills a prohibited animal. a specially pro1cc1ed animal or a protected animal in defence of himself or of any 01her person shall, not more than two weeks after such killing, repon such killing to a Game Protection Officer. (3) Where the animal killed in defence of life is killed by the holder of written permission under section 5 or a licence under section 7 10 bunt such animal, the killing shall be deemed to have been by vinue of such writlen permission or licence, as the case may be, and the holder of such written permission or licence, as the case may be, shall enter the animal killed against the number of such species of animal which he is lawfully permitted to hunt by virtue of the written permission or licence. PART Ill-GAME REsalVJ;S, GAME SANCnJ.uIESAh"O CLOSE SEASONS 12. The Governor mav in accordance with section I 9 and subject to sections 13, 14, f 6, 17 and 18 constitute any area a game reserve, or define or alter the limits of any game reserve, or declare that any area shall cease 10 be a game reserve. J3. Before any area is constituted a game reserve the Commis­ sioner shall publish a notice in the State Gaiette:- (a) specifying the situation and limits of the area which it is proposed to declare a game reserve; • • (b) declaring that it is intended to constitute·such lan~s a game reserve; (c) appointing by name an officer to be a Game Reserve Settlement Officer for the proposed game reserve; - Wi ! A, . .-,nal,- ·c ---------- t Af'. l5i 2809 (d) inviting th,· submission to the G --- --- Officer or daims to 11, •. ex , . •~m~ R,·serv,· Sellk·ment intended to be dcclHn·d~a ~crc1Sc O ngl:ts within.the are;i ,,,,me reserve· (e) appointing a date, not earlier tha .:.. . date of the publication of the n th''• montns afl<·r thi· ·which all claims to rights . nollcc, and a place on and at which ii is proposed to co11~1~~ o~cr or affecting the land~ heard bv the Game Reserve St u,1c a game reserve shall be • cu cmcnt Officer. 14 • . Th~ G~me Reserve Settlement Officer shall:- (a) !nqu,re into the limits and bound . Durits of ~n lh~ notice referred to in sec1iona7r of the area specified ~.; ,~~• (b) m qu 1re into the substance of all . . . ~,ll~~•m Wllhm the area specified in th ~laims to exercise nghts 13 and shall determine wbeth:/ 011hce ~ehferred to in section not; sue ng Is arc admitted or (c) upon the completion of his • . Settlement Officer shall deliv m~ uny the Ga~e Reserve shall:- . er JS Judgment m which he (i) determine the limits of the land . . referred to in section 13. specified m the notice (ii) determine, with all such ~anicular lo define their nature durar s a~ may be necessary all claims preferred ~r bro~o~, mc1d~nce and extent, respect of the area specified . g t to h!s knowledge in section 13 and admitting 0 t~ lb e nottce referred 10 in in pan, r reJectmg the same wholly or and shall file ; cenified true co . Ministry of Land and Survey PY of the Judgment at the (d) deliver to the Commissioner a . opinion any right or claim redmpo~ showing whether in his would:- 3 llled wholly or in pan (i) stultify the objects of the gam . C"l . e reserve, or u senously hinder the efficient w rki of the reserve, 0 ng game and in either case shall indi Ii . lands specified whether an cat~gbro m his examination of the pan h' h • Y n t admmed, wboll • ,-w tc tn his opinion would stult'-fy h . y or m . I t e Objects of the CAI' . .\:,(} Wild .-i11i1,;als gaP1C rc:, .. ·i ,-c or :seriously hiHJcr the cfficic:-nt worVing ,-:·1hc Pa,nc r:-;c:ve, could lie cxtin·!uishcd, with appropriate mon­ ~t:i:·y ccmpensation, or by £rant in cxchar,gc of si,:,ilar rights N1 other similarly situalcd land eithr, withi:: or without the final boundaries of the r,:.mc reserve, orcoi,:d b,· confinctl or restricted to certain areas within or without tlw game reserve or the exercise thereof confinccl to a certain time of year, without undue hardship to the·right holders. om«no 15. For the purposes of the inquiry referred to in section 14 the h.-·c judicial Game Reserve Settlement Officer shall have the powers of a powers. District Judge. PubliC'3tion of judiment. Appnls. Modification orjudgmenL 16. Every judgment of a Game Reserve Seulement Officer delivered in accordance with section 14 shall be made known, as far as is practicable, to every person and community which preferred any claim or in respect of which any claim was brought to the notice of the Game Reserve Settlement Officer. . 17. Any person who has made a claim on his own ~half, or where a claim has been made on behalf of a community the representative of that community may, :,vithin three months of the date of delivery of the judgment of the Game Reserve Settlement Officer, appeal to a District Judge ·against that portion of the judgment which affects his claim or the claim made on behalf of the community which he represents, as the case may be, and may further appeal to the High Court from the decision of the District Judge. 18. Where the Game Reserve Settlement Officer has in the course of his judgment admitted wholly or in part any right or claim and in the opinion of the Commisioner the exercise of such right or claim or any pari thereof:- (a) would stultify the object of the game reserve; or (b) would seriously hinder the efficient. workin'g of .the game reserve, the Commissioner may:- (i) extinguish any such rights or claims, other than rights or claims in respect of land, with appropriate· monetary compensation; or 1 V1!d .•11;/;nals iCM·. JSI (ii) cc,:1finc or n:slr:ct· :::.y ri,ilts or claims to c,·nain aic-as either wilhin or with,- •\lt tlic ean1t.~ reserve or thl· exciTisc of such rirhts it) ccrlhin ti1ncs of the yc:-c1r; or (iii) adopt wholly or in p~rt any one or .·ny c;•mbination oi'the above m:,thods in ckalinf. with the mailer, and tt~e Commissioner o'f Land and Survey may extingui~h ,111v such rights or claims in respect of land with apropriatc monctar~ compensation. • 2SJ l 19.-(1) Upon the expiry of a period of not less than tlirce con>titution months from the date of the publication of the judgment in of,:;imc accor~ancc with section 16 the Governor may make an order :es<r,-c. const1tutmg the lands in respect of which an inquiry has been held a game reserve, so however, that if any appeal has been made against such judgment no such order shall be made until such appeal has been determined. (2) An order under subsection (I) shall set fonh:- (a) the limits of the lands which constitute the game reserve; (b) all rights affecting the same; (c) such ad~itional rights .as th~ Governor shall consider it just and equitable to allow notwithstanding that such rights have not been allowed in the judgment of the Game Reserve Settlement Officer. (3) An ?rder under subsection (I) shall in addition to being published m the State Gazette be made known in the same manner as was the judgment of the Game Reserve Settlement Officer. (4) From the date of the publication of the order in the·State Gazette the lands therein referred to shall be a game reserve. 20:-< I) An order made under section 19 may be revised or Modifia1ion • moddied by the Governor by order. or ch, or!lcr (2) In any revision <>r modification under subsection (I) the Governor may, after such inquiry as he shall think fit:- (a) exercise the powers conferred upon the Commissioner or the Commissioner of Land and Survey by section 18; (b) create such additional rights as he shall consider just and equitable; or • const1tut1ng game rcscn-c. 2812 Funhcr tX>\'• en afTcc!ir:1: rithlS. EAtinguish­ n1c11~ Of rights. Ex1inguish­ mcnt or righlS I>)· non•usc. Rir.hts no1 to bt alien3ted without con• sent of Com• miuior,cr. Ac1S prohi­ bited in pro­ poscd i;amc ro.crvc. CAP. 151] l-'.'ild .-l11imals (c) d~d.:re th::t tl:c wk:<', or any !'art, <•fthe ga:11e resc: >c sh:1ll ceas~ to bt a gan11.: ;cscn·, ... 21. In ""Y game reserve the Commissioner may close ,,ny rii;ilt of way or w,1tercourse where in his opinion another right of way or watercourse equally conveniem dlready exists or is provided. 22. Subjc.-ct to any right 10 compensation, ,:very right in or O\'Cr land in respect of which no claim shall have been made to the Game Reserve Settlement Officer, or of which no knowledge shall have been acquired by !hat officer before delivery ofhisjudgmcnl, shall be extinguished. 23. If any right within a game reserve shall nol have been exercised for a period of ten years it shall be deemed to have been extinguished. 24.--{ I) No person shall alienate any right affecting land in­ cluded in a game reserve by sale, mortgage or transfer wi1hout the consent of the Commissioner first had and obtained and any such sale, mortgage or transfer effected without such consent shall be null and void. (2) The Commissioner may eittinguish the right which any person attempts to alienate contrary to subsection (I). 25.-(1) During the period between the dale of the p~bli~ation of the notice referred to in section 12 and the date of pubhcauon of . the order constituting the game reserve in aceordance with section 19:- (a) no person shall acquire any right within the lands specified in the notice otherwise than by succession or under a grant or contract in writing entered into with the approval of the Commissioner; and (b) save as hereinafter provided, no person shali:­ (i) erect any new dwelling; (ii) clear any new lands for fanning or cultivation; (iii) cut any tree; .(iv) hunt, capture or kill any. wild animal :CAI'. l5J - --·---- ·-------·- --··-- ·-·-·-------- (2) 1'othin;; i:i suh,ection ( 1) shall be decn,,-d 10 ;,;-ohiiait any acl done wi1h !he 1wrmissi0n in writini:, of e. ,:,an:, Pm,,:,iio;i Officer. 26 .. No person, other than a Game Protcc1ion Oflicer 1,r other R<>1rie1ion Government Officer on du1v. shall enter any game reserve cx.:cpt of <nir;· 10 he is authorised so to do ~nder this Law or regulations made ~;:;:.., hereunder. 27. No person shall in any game reserve, unless otherwise au1horised to do so under !his Law or by regulations made hereunder:- (a) hunt or take possession of any wild animal; (b) 1ake any forest produce as defined in !he Forestry Law; (c) uproot, burn, strip the bark or leaves from, or otherwise damage any tree; (d) set fire to any grass or herbage or kindle a fire withoul laking due precaution to prevent it spreading; (e) permit any domestic animal to en1er or trespass in the game reserve; (/) dig, cut, tum or cultivate the soil or make a farm or plantation; (g) construct any dam or weir across any river or stream or 01herwise obstruct the channel of any river or stream; (h) reside in or erect any building or make any camp; (1) fish or attempt to kill fish; U) set any snare, net, trap or other instrument for the purpose • of catching or killing animals or likely to catch, kill or injure· any animal; (k) drive, s1ampede or in any way disturb unnecessarily any animal. • Acu prohi­ bited in game rescn-·e. Cap. 52. 28. The State Game Warden or any Game Protection Officer Oflictn .,., acting upon the instructions of the State Game Warden may carry miu~o ro­ out within a game reserve any of the acts prohibited in section 27. &fi:f;ec1 .~ 7.614 l'ower to Cc• cl:itt- g;im: santtu;ir~. Huntin;, in game sanctuan,· prohibi1Cd. Dccl::!ution of clc..S( season. Hun1ing of animals in close sczson prohibited. Restriction on kil1ing of fish. U,e or mo­ tor vehicle or aircraft for huntins prohibited. Use ofrno­ tor vehicle or aircraft to stampede animals~ hibitcd. CAP. 151] Wild Animali 29. A loc~' ,;vvc:i:mcnt count·il may. with the approvd oftlw Connni~sioncr. dccl,,.re .,ny ?.rca to be a i;amc sanctuary or ccdare that any game sanctuary shall cease to be a game s,1:1c-tuary. 30. Save as otherwise provided in this Law, or any rci;ulations made hereunder, no person shall hunt any wild animal within th\' limits of a game sanctuary. 31. The Commissioner may from time to time by order declare any period of time 10 be a close season for any wild anim:.I. whether a prohibited animal, a specially protected animal or a protected animal or other wild animal, and such declaration may be general or may be restricted to the limits of any area defini:d in the order. 32. During a close season for any animal no person shall hunt such animal within the area in respect of which the close season applies. ~-- PART IV-RESTRICTION ON METIIODS OF HUNTING AND 01S11JRBING Wtw LIFE 33. No person shall use any poison or, without the permission in writing of the Commissioner, any dynamite or other explosive or any electrical method or device for the killing or capturing of fish. 34. No person shall shoot at any wild animal from any aircraft or from any vehicle or craft propelled by mechanical means: Provided that any person may, subject to the provisions of this Law or of any regulations made hereunder, shoot at wild fowl or crocodile from a launch, small craft, bO?t or can~e. 35.-( I) No person shall use any aircraft or mechanic;i.lly pro­ pelled vehicle in such a manner as to drive, stampede or disturb any wild animal. (2) Nothing in this section shall affect the ~ght of occupiers of land used for public purposes to use motor vehicles or aircraft on ~. :t -; jij ivi.'d Anf;na!s ----------------------··-·--·----··---··-·-------- such la1 1d for th~ pu rpose of clrivinr, .iw~y. capt ming or destroyinr, any a111~1al found III such land wh•:rc such ejection. capture or cles1t11ct1011 1s not otherwise contrary to law. PART V-T.P,\FFJC IN TKvPHIE.~ 36.-:---( I) No person shall possess any trophy or" manufacture anythmg from any trophy unless such trophy shall have been lawfully obtained in accordance with the 1,ro,·:sions of this Law and. shall have been registered as a trophy in accordance with sccllon 38 ?r unless otherwise specifically authorised in wriling by th~ Comm1ss1oner or such officer as may be appointed for him for this purpose. (2) ~very person possessing a trophy shall pay a trophv fee as prescribed by regulations under this Law. • Pos:sc1Sion of trophy. 37 •. The onus of proof that any trophy was lawfully obtained Onus of shall lte on the possessor thereof. - proor. 38.-(1) The p~ssessor of any trophy shall declare such trophy Dc<lar.ition to a Game Protection Officer and, provided that he can satisfy lhe or trophy. officer to whom he has declared such trophy that he has obtained the sa~e lawfully, such trophy shall be registered by such Game Protection Officer who shall deliver to the possessor a free disposal permit therefor in which such trophy shall be identified. (2) The Game Protection Officer shall make identification ~arks o~ such trophy declared to him in accordance with subsec­ tion.( I) m accordance with regulations under section 52 and shall enter a description of such marks on the free disposal permit. 39.-( I) No person shall sell, transfer or otherwise di pose of any Disposal or tro~hy to another person unless such trophy has been declared and uophy. registered and a free disposal permit issued in respect thereof. (2) 0~ the 1m;nsfer, ~le or disposal of any trophy the person t~imsfemng, sel~tng or disposing of the trophy shall at the same time transfer with the trophy the relevant free disposal permit therefor as proof of the lawful possession of the trophy. (3) No person shall purchase, receive or otherwise obtain from a11other person a trophy which is not lawfully obtained. • • CAP. 15.l] Wild A11imals Gov,.nce "'' 40. Subject to t~c pro,·isions of Sll\Jscctioa (3) of section 11 m,:nmh:p of and subsecti,,n (3) of section 42. anv animal killed or cap111red in at:1mal,. accor<l~ncc w:th sc,:tion 11 or scctio~ 44, or any carcc1ss or remains reported to a Game Protc,tion Officer in accordance with section 42 shall be the prop~rty of the Uovernmcnt. Di,po,at of 41. The Commissioner may authorise the disposal either by ~,~;;;; ""' sale or otherwise, of any animal or part thereof which is Govern­ ment property by virtue of the provisions of section 40. Finding of remains of dc:ph:ml or rhmo«ros. ~~~~ii~~ of other spcciall>· protected animals. Destruction of animals of necruity. 42.-(1) Any person who shall find the carcase or remains of an elephant or rhinoceros with the tusk or horn intact shall, within two weeks of such finding, report the find to a Game Protection Officer. (2) The Commissioner may direct the payment of a reward to any person reporting a find in accordance with subsection (I). (3) lf the person reporting the find in accordance with ,~ubse❖ tion (I) is the holder of a licence to hunt elephant or rhinoceros he may take possession of the tusk or horn, as the case may be, as ifhe had killed the animal from which such tusk or horn is taken by virtue of such licence. 43. Any person who shall find the remains of any specially protected animal other than an elephant or rhinoceros may, if he wishes to obtain possession thereof, report the find to a Game Protection Officer and, provided that the officer to whom the report is made shall be satisfied that the circumstances of the finding do not constitute an offence, the Game Protection Officer may dispose of the remains to such person on payment of such fees as may be provided for in regulations under section 52. PART VI-GENERAL PltovtSIONS 44.-{ I) If it shall be shown to the Commissioner, or other such officer as he may appoint for the purpose, that it is n~ry or expedient in order to protect the lives of any person or protect property or prevent the destruction of crops or of domestic stock or of necessity in time of famine or for any requirement relating to public health or public order that any animal, whether a prohibited animal,. a specially protected animal, a protcc:ted animal or other Wild .·hima/s iCAl·. J51 wild 2ni1nal ~:iall be captm~d or destroyed, 1!1c Commi~.~;oncr or such officer as he 111<1:1 ap;.,oint for the purpose m~v auth,11 i:;c a:iv person to \:ill or cap:arc such animal. • • (2) An authority given in accordance with subsection (I) shall:­ (a) specify the number and species of animals which mav be captured or destroyed; • (b) specify the area within which the animal or animals mav be captured or destroyed; ' (c) specify the period for which the authority is valid provided that such period shall not exceed three months at any one time; (d) specify the methods by which the animal or animals may be killed or captured (even though such methods mav be otherwise prohibited by the provisions of this Law o; any regulations made thereunder) having due regard to the prevention of any unnecessary suffering or destruction. 45. Where the animal killed of necessity by virtue of an authority given under section 44 shall be an elephant the person authorised to kill such animal shall, within a period of not more than three weeks of the killing of the animal, surrender the tusks thereof to the Regional Game Warden and the Regional Game Warden shall then dispose of the tusks in accordance with the direction of the Commissioner. Where 3ni• mol killed of necessitv is eh:phani. 46. Where any Game Protection Officer suspects that an Power 10 offence has been committed against the provisions of this Law or se;,rch and of any regulations made hereunder he may inspect and search, or ,,,.,. authorise a subordinate officer to inspect and search in his presence, any baggage, package, vehicle, dwelling, tent, caravan or .article belonging to or under the control of a suspected person, or of that person's agent or servant and, if the Game Protection Officer, or his. subordinate, shall find any animal or part thereof, appearing to have been killed or captured in contravention of this Law or of any regulations made hereunder, the officer may seize the same and take the same before a court to be dealt with • according to law. 281S Po,,cr to arrest. l'a"rr.c-r.1 for in(or:n,i11on kadi:sz 10 conviction oroITcntkr. ~or birds. Poueuion ors.alt of powdcttd rhinoceros horn. Power to prosecute. R,iulalions. CAP. 151] Wild Animais 47. Anv Game Protection Officer ma)' al'fCSt without warraiit any pcrso,; whom he reasonal.Jly suspects of having committed an offence against this Law or of any regulation made hcreundl'r if such person shall refuse to gi'"~ his name and address or shall give a name and address which the Game Protection Officer reasonably believes to be false, or if such person is likely to abscond, and the Game Protection Officer shall immediately take such arrested person before a court to be dealt with according to law. 48. Where in any proceeding under the provisions of this Law, or of any regulations made hereunder, any fine is imposed the court may at its discretion direct that when any such fine is paid a sum not exceeding half the sum so paid shall be awarded to any person having given information leading to the conviction of the offender. 49 .. No person, unless he is otherwise authorised under this Law so to do, shall talce the egg or eggshell of any bir<I which is declared to be a prohibited animal or a specially protected animal unless the bird is lawfully kept in a domesticated state. SO. No person shall possess, sell, purchase, transfer or other­ wise dispose of any powdered rhinoceros horn, unless othe rwise authorised to do so by the provisions of tbis Law. 51. In any proceedings for an offence against this Law or of any regulations made hereunder the state may be represented by a Game Protection Officer. 52. The Governor may malce regulations for all or any of the following matters:- (a) regulating the application for, issue of, form of, conditions of, and fees payable in respect of any licence or permit issued under the provisions of tliis Law; • , : • (b) prescribing or altering the number of animals of any species or variety whicb may be bunted by virtue of any licence issued in accordance witb the provisions of this Law; (c) prescribing or altering the limits of any arias in which any animal declared to be a specially protected animal or U .iid Animals -------- ICAP. 151 protected anin,al or ~n ,-a:1:mal 1101 so dt·clared. may aot be huntc~, captured or killed 1·,1lcss otherwise authori~cd un­ der th,~ Law; (d) regul~tin~ tbc possessi"n, pu;~has•i, sale, transfer or c!isJ)Os.~I of ~nJ animal, whether a s1•~-·1ally protected animal or other animal: · (e) prescri~ing trophy fees and rcgulatini: the manufaCIL,-rc of any an1cle from a trophy; (/) requiri~g the holder of any licence, permit or authority issue~ m ac~ordancc wnh the provisions of this Law to subm11 the hccncc, permit or authority to a prescribed officer for endorsement or other purpose; (g) pro,·iding ~or the issue ofa duplicate licence or permit in the event of a hc~nce, or permit being Jost ordcstroycd and for a fee for such issue; (h) prohibiti?g or regulating the capture or killing of any fish, or any specified kind of fish, either generallv or in specified ~~~ • (1? providin~ for the protection of spawning beds; U) prohibiti ng the making or use of any game pits, nets, traps o! other mstruments for the purpose of hunting anv animal e11ber generally or in specified areas· • ' (k) PT?hibiting the ·use of fire for the ~urpose of hunting anv animal; • (/) provi ding. for the d~laration, registration, marking and 1de~~':'t1on of. trophies, and for a fee for so doing; • (m)p!"<>h1b1ung the possession of or carrying of any specified '?nd of arm, lamp or other instrument ,.,hen used for or hkel'. '.o be used for or capable of being used for hunting; (n) requmnlf t he holder ofany licence issued in accordance with the Pr0V1S1ons of this Law to keep a true register of animals hunted, captured or killed by virtue of that licence· (o) regul at ing the keeping of wild animals in captivity/ (p) proVJdmg for the ~la tion of wild animal ranching or the management of wild animal ranching generally· (q) regulatin g the management of game reserv~ and game sanctuanes; • Pcnallics. Special per­ mission. CAP. 151] 1-V,!d ,1nimals (r) 1 ciulating the condi1ions of cn:ry to game rcserv~s and r,ame !k!nctuarics: (s) p1oviding for lhe fees to be charged under this Law: (t) generally for lhe pui poses of carrying out the provi~ions of this Law. • 53.-( I) Any person who contravenes any of the provisions of scc1ion 5 or section 36 (where the offence shall involve a prohi­ bited animal) shall be guilty of an offence and liable on conviction to a fine not exceeding one thousand naira or to imprisonment for a period not exceeding thm: years or to both such fine and imprisonment. (2) Any person who contravenes any of the pro,·isions of section 7. 9, 25, 27, 30, 32, 33 or 36 (where the offence shall involve a specially protected animal) shall be guilty of an offence and liable on conviction to a fine not exceeding two hundred naira or to imprisonment for a period not exceeding six months•or to both such fine and imprisonment. l ,, ,, Fi • ·,j I .:( I :l i-1 : .. i;l • . :: Chimpan1.ct Dama (iazcllc Derby's Eland Dore-as Gazelle Immature Elephant Giraffe Gorilla Mana1ec ... ... Pigmy l-lippopo1~mus Rhinoceros (3) Any person who contravenes any of the provisions of section 8, 11, 26, 34, 39, 49 or 50 shall be guilty ofan offence and liable on conviction to a fine not exceeding one thousand naira or to imprisonment for a period not exceeding two months or to both such fine and imprisonment. -1! s-: .·,: -·. Carac:aJ or D=n Lynx (4) In the case of a conviction for any offence underthis Law or the regulations made hereunder the court may in addition to any;' other punishment imposed order the confiscation or destruction of. any firearm or other instrument used or carried by the offender at the time of such offence. 54. Notwithstanding anything to the contrary contained in this Law, the Commissioner may, by speciaJ,.permission given iii·, writing, authorise any person representing a recognised scientific· organisation or scientific institution to commit .an .act which otherwise may be an offence against this Law: • • Provided that such permission shaJI only be given for purposes· of scientific wor~ approved by the Governor. • ·:w... ., .. ,.-Chr.c1ah ... . .. • -·colobus '.\fankey aturc Elephant • popotamus ... lher than the Pigmy PPOpotamus springer uoga cd Crane l'C4n Storf< 1er Bustard at White Heron ~ Bird -•~~-- ...... 'J 'i!d A,1fma/:; [CA J•. lSl 2S? I ---------------- 1-'ll(ST SCI-IEIH.'LE l'n11 trogfotfrtes <,n:C'/fa dn,;,a Jnurotmgus drrbia1111r c;,,ce/fa dorca., • { luxodol//a afri.-ana l.oxodo111a crdotis Gira.(fa cam~loparda/i.f Gori/fa gori/fa Trichems scnegalensis C11oeropsis liberiensis Dit:eros bicornis SECOND SCHEDULE Fe/is caraca/ Acillon vx j11ba1us i Colobzu po(vkomos Colobus badizu Loxodonra africana Lo xodo11ta cydoris Hippopotamus amphibius Oreotragus oreotragus Limrn,tragus spekii B~lea~ica pa,·onina pavonina C,coma species Ardeoris arab stieberi { Casmerodius a/bus melanorhynn,s Strurhio came/us { Saggitarius serpemarius gambiensis All Sf)«ies CAi', 15l) Wiid .-J11f,wds 'i l!IRI' SCH::Dt,;U. HushJ'lucks or Hamc5~•·d /'· nte!o~ ·~·~- \Vest Af:ican Hushbnck • Shari llushburt Ubangi Bushbuck llushcow or Buffalo Duikcrs- Bay Duiker Black Duiker Ogilbys Duikcr Red Flanked Duikcr Yell ow Backed Duikcr Blue Duikcr Maxwells Duikcr Grimms Duiker lfartcbcests­ Wcstcm Hartebecst Senegal Hancbecst Kobs- Bulfons Kob lake Chad Kob Bcnue Kob Watcrbuck Recdbuck Oribi Red Fronted Gazelle Red Ri>·cr Hog Roan Antelope Abyssinian Ground· Hombill Pelican 1·1·ag,•laf}lws ."':,.riptus Tragrlapltus piews Tragriaplws signaws S.1•nctrt1S IJQllltS Ce11halop11s dorsalis Ce,,ha/opus 11igrr Cepha/opus ogilb.ri Cepltalopus rufilaws Cephalopus siMrultor Philaniomba caenilus Philantomba maxwe/ii SiMcapra grimmia Alcelaphus buselaphus Damalisous Keo.vrigum Adenota kob Adenota adolfi friderici Adtnota loderi Kobus tlefasa- Redunca nigeriencis Ourebia ouebi Gazella rurirons Potamachoerus porcw Hippotragus equinus Bucorvus abyssinious r Pelecanus onoerota/us tPe/ecanus rufesens Pelec:anus roceus [Cr\l'. 152 CB/.PTEl, J:.2 i\N EDICT TO PROVIDE FOR W1us OF PEK~'JNS l'Of SUl•ffCT Ttl :;s ~3 of Cus-roM.~Y L\ws 1% 7 •. [7 ,Hay 1987] Date of 1. This Edict may be cited as the Sokoto State Wills Edict. romme-nc:e­ mcnt. Ci1a1ion. 2. In this Edict unless the context otherwise requires: tntcrpn:ta• 06 Child" includes a step-child, a child whose paternity has tion. been acknowledged in accordance with any customary law applicable in Nigeria, a child adopted whether before or after the commencement of this Edict in pursuance of an adoption order made under any statute in force in Nigeria or in any other country, a child; en ventre sa mere, and a child legiti- mated under the Legitimacy Law; Cap. 79. "property" includes right of occupancy, sublease, sub-under- leasc and funds, securities for moneys, share of Government, debts, things in action, rights, credits, goods and other pro- perty whatsoever which by law devolves upon the executor or administrator and any share or interest therein; "will" includes a 1estament, codicil and an appointment by will or by writing in the nature of a will in exercise of a power. 3.-{I) It shall be lawful for every person to bequeath or dispose P!""<f 10 of, by his will executed in accordance with the provisions of this dispose Edict, all property to which be is entitled, either in law or in equity, C~~ at the time of his death: • Provided that the provisions of this Edict shall not apply:- (a) to any property which the testator had no power to dispose ofby will or otherwise under customary Jaw to which he was subject; •.