Grazing Reserves Law (CAP. 55)

..,, TYPESET. PRINTED AND BOUND IN GREAT BRIT '1N BY BL'RGE S. TH"-MES \"IE\\', ,BI'iGDO '. OXFORDSHIRE .·luthonscd b.1· titr Vol'crnme111 c,f J,:a1s1•1a State 10 prmr the /011~, ti/ 1:a1sma Stale Gra=111,-Rcserl'c.1 CHAPTER 55 GRAZING RESERVES ICAP. 55 A L\11' FOR TIIE CONSTITlJTI01'. PRESERVATION ANU CONTROL OF GRAZ,NG RESERVES AN[; FOR PVRPOSCS CONNECTEI) THEREWITH 661 NN ~ of 1965. K.OSLN 5 of 1962 1.:.TSLf\.: lo; 1%7. [29 March 1965] D,11c of PART I-PRELIMINARY I. This Law may be cited as the Grazing Reserves Law. 2. In this Law:- '·Commissioner·• means the State Commissioner for the time being assigned with responsibility for animal and forest resources: "enclave .. means an area completely surrounded by a grazing reserve and excluded from that grazing reserve in accordance with this Law; "grazing reserve•· means any area constituted a grazing reserve under this Law: "lands al the disposal of the Government .. means any lands which the Government or the Commissioner responsible for land has acquired or may acquire by agreement or otherwise and includes lands leased 10 the Government or the Commis­ sioner responsible for land: ·•community•· means any group of persons occupying any lanos in accordance with and subject to cus10mary law. PART 11-GOVERNMEI\T GRAZING RESERVES 3. The following lands may in accordance with section 12 and subjecl Io sec1ions 4, 5. 6, 8. 9 and 10 be constituted as a Govcn1mcnt grazing rcserve:- (a) lands at the disposal of Government: (b) any lands in rcspectofwhich it appears 10 the Commissioner that grazing on such lands should be pro:ec1ed or reserved or grazing management should be practis~d. commence• men!. Shon 1i1lc. ln1crprcta• 1101\. • I I ' !...ind which m:iy b:: con• st1tutcd rcserv~s. 662 No11flcat1on of intcnt1011 to create re.,. Cf\'CS :ind appointment of rc~crve scnlcmcnt officers. 1-i.DSLN 5 of 198::?. Dutic!> of reserve: se11\cmcn1 officer. K.DSLN 5 of 1982. CAP. 55] Gra=ing Reserres 4. Before any lands are constituted a Government grazing reserve a notice shall be published b) the Commissioner in the State Gazette:- (a) specifying as nearly as mai be the situation and limits of the lands: (h) declaring whether the lands are at the disposal of the Government or arc lands coming within paragraph (b) of section 3: (c) declaring that it is intended 10 constitute such lands a Government grazing reserve. either for the general purposes of Government or for the particular use and benefit. wholly or in part. of any class of persons or for the benefit of any community or local government: (d) appointing an officer (hereinafter referred to as the rcsel""\·e settlement officer) to inquire into and determine the exis­ tence. nature and extent of any rights claimed by or alleged 10 exist in favour of any persons or communities or brought to the knowledge of the said officer affecting the lands or any other rights in or over the lands. 5. Upon publication of the notice referred to in section 4. the reserve settlement officer shall:- (a) cause the particulars of the lands which it is proposed to constitute a Government grazing reserve to be made known in the district or districts in which the lands are situated b,· causing a notice thereof to be read and interpreted in the local language in every area coun in the said district or districts and also bv. as far as he considers essential. informing in writing ihe chiefs of the communities dwelling on. and the local governments havingjurisdiction o,·er, such lands: (h) fix and. in the manner aforesaid. make known a period within which and a place to or at which any person or community claiming an~ right or rights in or over or affecting the lands which it is pro1,osed to constitute a Government grazing reserve shall either send in a wrinen statement of claims to him or appear before him and state orally the nature and extend of their alleged rights. Gra=111g Reserl'es [CAP. 55 663 6.-( I J As soon as possible after the expiration of the period tnqume,. referred to in section 5 the reserve settlement officer shall:- (a) inquire into and determine the limits of the lands specified in the notice referred to in section 5: and (b) determine the nature and extent of any claims or alleged rights affecting the lands which have been preferred or brought 10 his notice. (1) The reserve settlement o!Ticcr shall 1,eep a record in writing of:- (a) all such claims and alleged rights: (b) all objections which mai be made to such claims or alleged rights; and (c) any evidence in support of or in opposition to any claim or alleged right. 7. For the purposes of an inquiry under section 6 the reserve settlement officer shall have all the powers conferred upon a District Judge. Rcscr\'C scttlcmi.:nt officer 10 have Judic10.l powers. 8. The reserve settlement officer may at any time during the Reserve inquiry referred to in section 6 join any number of claims or sever ~%'~~1 ~~ 3 \ any claims joined and in his judgment may give a decision which scvp or JOin may join any number of claims or sever any claims which were claims. formerly joined. 9.-( I) Upon the completion of the inquiry referred to in Publoca,;on section 6. the reserve settlement officer shall:- ~~J~i~t;~~u; (a) deliver his judgment. describing the limits of the lands :~~~~~-'1" specified in ihe notice referred to in section 5 and setting forth. with all such particulars as may be necessary to define their nature. duration. incidence and extent. all claims and alleged rights preferred or brought 10 his knowledge in respect of the lands and admitting or rejecting the same wholl) or in part. and shall file it at the Land Registry in the Ministry of Land and Sul""\'Cy: and (b) publish a notice in the State Gazette specifying the land which it is intended to rcscT\·e. the priYilcgcs conceded in respect of such land and sta11ng the special conditions intended to govern the rcscrv~nion thereof. 664 Appeals from judg­ ment of rcscrvl' sc11lcmen1 omccr. Rights may be cxungu­ ishcd or modified b,· Commis- • sioncr. l~SLN 5 of 1982. CAP. 55] Gra=ing Reserves (2) The notice referred to in subsection (I) shall be made known as far as may be practicable to every person who. and the head of any community which, preferred any claim or in respect of which any claim was brought to the knowledge of the reserve settlement officer. 10.-(1) Any person who has made a claim on his own behalf, or where a claim has been made on behalf of a community that person or the representative of that community may. within three months of the date of delivery of the judgment. appeal to a District Judge against that ponion of the reserve settlement officer's judgment which affects his claim or the claim made on behalf of the community which he represents. (2) An appeal shall lie to the High Court from a decision of a District Judge on appeal against the judgment of the reserve settlement officer within thiny days of the date of the decision appeal against. 11.-( I) Where the reserve settlement officer has ad mined wholly or in part any right or claim and in the opinion of the Commissioner the exercise of such right or claim or any pan thereof:- (a) would stultify the objects of any grazing reserve: (b) would seriously hinder the efficient working of any grazing reserve: or (c) would do serious damage to any grazing resen·e. the Com­ missioner may:- (i) extinguish at such rights or claims. other than rights or claims in respect of land. witb appropriate monetary compensation: or (ii) confine or restrict any rights or claims to cenain areas either within or without the grazing reserve or the exercise of such rights to certain times of the year: or (iii) adopt wholly or in part any one or any combination of the above methods of dealing with the matter: and the Commissioner responsible for lands may extinguish anv such rights or claims in respect of land with appropriate monetary compensation. Gra=i11g Reserves [CAP. 55 (2) Any person claiming compensaton under the provisions of subsection (I) may. if dissatisfied with the compensation awarded. apply to the High Coun for the determination of the matter. 12.-(1) The Governor may make an order constituting the lands in respect of which an inquiry under section 6 has been held a Government grazing reserve at the expiration ofa period of not less than three months from the date of publication of the notice published in accordance with section 9: Provided that no such order shall be made until the expiration of the time within which an appeal against the judgment of the reserve settlement officer may be filed or. if such an appeal has been filed. until such appeal has been determined. (2) An order under this section shall. subject to the provisions of subsection (3). set forth:- (a) the limits of the lands which constitute the reserve: (b) all rights affecting the same as set fonh in the judgment of the reserve settlement officer or established by the coun upon appeal from such judgment: and (c) such additional rights as the Governor shall consider it just and equitable to allow notwithstanding that such rights have not been allowed in the judgment of the reserve settlement officer. (3) An order under this section shall not include therein such riQhts as may have been allowed b" the rcsen•e settlement officer b~t which ha,·e been subsequent];, modified or extinguished as provided by this Law and where the boundaries of the resen·e have been modified as provided by this Law the order shall set forth the boundaries as subsequently determined. (4) An order under this section shall in addition to being published in the State Gazette be made known in the same manner as was the judgment of the reserve settlement officer. (5) From the date of the publication of an order under this section in the State Gazette such lands shall be a Government grazing reserve. (6) Any order made under this section may be rc,·ised or modified b,· the Go,·ernor b, order and such revision or modifica­ tion may b·c gi,·en retrospecii,·e effect. 665 Order con­ stituting the grazing. reserve. 1;,.osLr--: 5 of 198:!. 666 Rcscrv,-mav OC mad~ to· exclude ;ircas o,·cr winch claims ar~ admit1cd. CAP. 55] Gra=111g Reserres (7) In anv revision or modification made b, the Governor under subsection ·(6} the Governor may. after such inquir,. if any. he shall think fit:- (a) exercise the powers conferred upon the Commissioner or the Commissioner responsible for lands by section 1 I: and (b) add such additional rights as he shall consider it just and equitable 10 allow not withstanding 1ha1 such rights had not been allowed in the judgment of the rescn·c seulement officer. 13. If the reserve sc11lemen1 officer has admiued wholh· or in part any rights on any area which in the opinion of the Co.mmis­ sioner could be excised from the reserve wi1hou1 materially al!ering or stul!ifving the objects of the reserve the Governor may bv order so amend the boundaries of the reserve that such areas are e~cluded from the reserve or he mav create such excluded areas or enclaves within the boundaries of i°he reserve: Provided that in altering the external boundaries of the reserve the Go,·ernor shall nm include anv area which lies outside the original boundaries set out in the ~oticc of the proposed reserve published in accordance with the provisions of section 4. Comma­ sioner m:1~ dose ns}m ~r wa~ and wa1crcoursc. '>f 14. In any Go\·ernmcnt grazing reserYe the Commissioner may close any right of way or watercourse where in his opinion another right ofwa~ or watercourse equally conveniem already exists or is provided. Extmgu1sh­ mem of right!>. Exungu1~h­ ment of ngh1s b, non-use: 15. Subject to any nght to compensation. cve0 rig.ht in or over land in respect of which no claim shall have been made 10 the resen·e sculemcnt officer. or of which no knowled2c shall have been acquired by 1ha1 officer before delivery of his judgment. shall be extinguished. 16. If any right within a Government grazing reserve shall not ha,·e been exercised for a period of ten years it shall br deemed 10 have been extinguished. Gra=ing Rese1.,-es [CAP. 55 17. No person shall alienate any right affecting land included in a Government grazing reserve. which has been established before the rcsen·e se11lemcnt officer or before a coun under section IO, bi sale. mortgage or transfer without the consent of the Commissioner firs! had and obtained and any such sale. mortgage or transfer effected withom such consent shall be null and void. 18. During the period between the dates of the publication bi a Comm1s~1oncr of the notice of his intention to crentc-a Govern­ mem e.raLIIH! reserve in accordance with section 4 and of1he order of the ... Govc;nor constituting the reserve under section I2:- (a} no right shall be acquired in or over the land comprised \\'ithin such notice otherwise than bv succession or undrr a grant or contract in writing entered i1;to with the approval of the Commissioner: (b) no new house shall be built: and (c} no new lands for farming or cultivation shall be cleared. R1sh1s m rescrvt:~ m3, not h1.• a hen: atcd \\ 1thou1 consent of Comnm,• ~toner. :--:o flC\I. nr.ht\ 1r, be :i.cqum:d m land 10 be cons1i1u1cd a reserve c>.CCJ>I wi1h ap,,rovnl. 19. No person. other than a Government officer on duty. shall Restncuon enter any Government grazing resef\·e unless he is authorised so ~Js~~:.~ 10 do do under this Law or regulations made hereunder. 20. Any person. and the chief or head of any communit\' on behalf of such communitv. notwithslandim? an,· customan law to the contrary. shall be cn1i1lcd 10 enter into ;n\ ~greement io grant and c01wc, absolu1eh· 10 the Go,·ernment an) lands and any rights in and ovc·r any lanctS. owned by him or them which it is proposed 10 constitute a Government grazing reserve under the pro,·isions of this Law. 21. The..· Go,·e:-nor m:1\ hy order direct thJt from a date named therein any lands or an~· pan thereof constiluted a Government grazing resen·e under section 12 shall cease 10 be a Go,-crnmcnt grazing reserve or a part of such rcscn·c and thereupon from such date such lands shall cease 10 be a Government grazing reserve or a part of such reserve so. however. that the rights. if any. which may have been extinguished therein shall not revive in consequence of such cessation. Power~ of n:!tivc 10 grant land absolute!~ 10 Go,crn• mcnt. KDSLN :> of 198::!. Power to de-rcs~r'l'C 22. The Go,·ernor may make regulations for a!l or any of 1hr Rcgula11on!-. following matters in re~pcct of a Goq-rnmcnt grazing rcscn·c:- 668 Constnuuon of loral gov­ crnmt·nt grazing rcsencs. KDSLI' 5 of 1982. Action pre­ cedent to th~ constitution oia loral government grnz111i; reserve. KDSLN 5 of 19S~. CAP. 55] Gra::i11g Rese1Tes (a) prescribing the person who may use the grazing reserve and the number and type of sloe!: which may be pcrmiued therein; (bl prescribing the pans of the grazing reserve which may be used and the times when they may be used: (c) providing for the issue of grazing permits to persons using the grazing reserve and prescribing the fees for such grazing permits: \di regulating thr management gcnentlly of the grazing reserve and prescribing the acuvities which ma) be carried on therein: (e) regulating the conditions of entry to the grazing reserve; (n imposing penalties not exceeding four hundred naira or imprisonment not exceeding one year. or both. for a breach of any regulation made under this section: and (g) generally for the purposes of carrying out the provisions of this Law. PART 111-LocAL GovERNMENT GRAztNG RESERVES 23.-( I) A local government may. by order made with the appro"al of the Commissioner. constitute as a local government grazing reserve an) land lying within the area of its jurisdiction. (2) The local government shall pay appropriate monetary com­ pensation to any person whose right has been extinguished by an order made under subsection (I). (3) < y person claiming compensation under the pro,·isions of subsection(:!) may. if dissatisfied with the compensation awarded. apply to the High Coun for the determination of the matter. 24.-(1) No lands shall be constituted a local gonrnment grazing resen·e under section 23 unil.!ss and umil:- (a) the intention to cons!itutc such lands a local government grazing resc.TYl' has been announced bv thr local 2.overnment authori1y in a manner appro\·ed by the Commi;sioner: and (b) the existence. nature and extelll ofan" rights claimed b,· or alleged to exist in fa\'our of an) perSon; or commun{1ics affecting the lands "'l11ch it is proposed to constitute a local Gra::i11g Reserl'es [CAP. 55 government grazing reserve has been inquired into and determined by or under the direction of the local government. (2) The announcement referred to in subsection (I) shall require all claimants to put forward their claims within three months. (3) Subject to any right to compensation. all claims not put forward "'ithin three months of the announcement referred to in subsection 11) shall be inYalid. (4) If !he inquiry made in accordance with paragraph (b) of subsection (I) discloses the existence of any rights in any area which in the opinion of the Commissioner could be excluded in whole or in part from the reserve without materially altering or stultifying the objects of the reserve. the Commissioner may so amend the boundaries of the reserve that such areas are excluded from the reserve or he mav create such excluded areas as ench1ves within the boundaries of ihc reserve: Provided that in altering the external boundaries of the reserve the Commissioner shall not include anv area which lies outside the boundaries of the proposed reserve as announced in accordance with paragraph (a) of subsection (I). (5J Al any time either before or after an order has been made under section 23. the Commissioner may cause a funher inquiry to be held b,· or under the direction ofthc native authority orb) any other person for the better determination oft he rights affecting the land \\'hich it is proposed to constitute or which has been consti­ tuted a local gon~rnment grazing reserve. 15. Even· order under senion ~3 constituting a local govern~ ment grazini; reserve ,hall be 1rnblished in the State Gazette and shall set forth the limits. situation and approximate area of the lands which constitute the local government grazing reserve and all rights affecting the same as determined under the provisions of section 24. ::!6. No order under section :!3 constitutin£ a local government grazing resen·e shall be published in the State Gazette or be of any effect unless and un:il it has received the approYal in writing of the Commissioner. whid1 approval ma) be £ranted or withheld or 669 Ord-:rc:on­ Mttutmg local govt•m• ment gr~11nt reserve. .\flllfO\al of Comnns­ !\IOner. 670 Power of local £0\'Crll· mcnt 10 rc,1Sl' or ,nod1f~ ord:r E . ...:ungu,sh­ mcn! or rights in local govern­ ment grazmg resc-rw. Con1rol of alienation of rights in local govern­ ment grazing rescn·c Rcstncuon, of rnl:-"1 10 local ~O, cm­ mcn1 grn.t.tn!! r~scrH· Power to dc-rcs~rYe CAP. 55] Gra::ing Resen·e5 granted on such conditions as the Commissioner may in his absolute discretion consider necessary. 27.-( l) A local government may by order revise or modify any order made b) it under section 23 so that the rights afTecting the lands set forth in the order constituting the reserve shall accord "'ith the determinations of an) further inqu1ri held under the pro,·isions of subsection (5) of section 24 and any rights which become im·alid by subsection (3) of section 24 may be revived by an order under this section. C:) The pro,·isions of section 26 shall apply to an order made under this sernon in like manner as the, apply 10 an order under section 23. 28. Every right in or o,·cr land within an area constituted a local government grazing reserve under section '.!3. other than the riehts set fonh in the order constitutine. such reserve. shrill be c,Ziinguishcd upon the coir1ing into opera lion of the order. save as pro,·ided in section 24. 19. ro person shall alienate any right in or o,·cr land within an nn.:a constituted a local government grazing reserve under section 23 by sale. mortgage or transfer without the consent of the local £Ovcrnmcnt which constituted such local government grazing rescn·e or within whose jurisdiction it is situated and an) such sale. mortgage or transfer effected without such consent shall be null and void. 30. No person. other than a Go,'Cfnmcm officer on duty or an officer of the local government which constituted the reserve shall enter any local go\'crnmcnt grazing rcsen-c unless he is authorised to do so under this La" or rules made hereunder. .:H. L\ local go,·ernmem may b: order madr with the appro,·al of the Commissioner direct th:tt from a date named therein arw lands or any pan thereof constituted a local government grazing rcscrn.' under section 23 shall cense 10 be a local eo,·crnmcnt g:-azing rescr•c or a pan of such r~sen·e and 1hcrcupo~ from such date such lands shall cease to be a local go,·ernmcni grazing res~n·c or a pan of such reserve: Gra=ing Reserl'es [CAP. 55 Pro,·idcd that the rights. if any. \\'hich may have been extingu­ ished therein shall not revi,·e in consequence of such cessation. 32.-(1) The protection. control and management of a local uovernment urazinu reserve shall be undertaken by the local So\·crnment ~onstiluting it. or within whose jurisdiction it is situated. subject to the supen·ision and control of the Commis­ sioner. (2) Such proicction. control and managcmcm mat upon. a notiftcation to that effect being published by the Comm1ss1oncr 111 the State Gazette. be placed tcmporariJ,· under the guidance and direction of the Chief Animal Husband!"\' Officer of the Ministi"\· of Animal and Forest Resources either at the request or the local ~ovcrnmcnt concerned. or upon the instructions ~f the Commis­ sioner if he is of the opinion that such a step 1s necessary or expedient for ensuring the proper and sufficient protection. con­ trol and rnanagcmcm of such local government grazing reserve. (3) Any local government grazing reserve placed temporarily under the guidance and direction of the Chief Animal Husband!") Officer in pursuance of the provisions of subsection (2) shall be protected. controlled and managed on behalf. and for the benefit. of the local government concerned. 671 Management of local government gmzms resen.·~­ ruSLJ\. 5 of 198.?. 33. A local go,·ernment with the approval of the Commissioner Rub. may make rules for all or an) of the follo"'ing ma11ers in respect of a local govC'rnmcm grazing rcscrvr:- (a) prescribing thr persons who may use tht ~razing rcscrn·. and the number and 1,-pc of stock "'hich may be perm111cd therein: (b) prescribing the parts of the grazing reserve "'hich ma, be used and the times when the, ma, be used: (c) pro,·iding for the issut of grazing permits to persons us!ng the grazing reserve and prescribing the fees for such graz111g permits: (d) reeul::nin£, the nu!nagcm~nl generally of the grazing rcser"e an ... d prescribing thr acti,·ittes that ma: be carried on therein: (c) regulating the conditions of entr: 10 the grazing reserve: 672 CAP. 55] Gra~ing Resen•es (n imposing penalties not exceeding four hundred naira or imprisonment not exceeding one year. or both. for a breach of any rule made under this section: and (g) generally for giving effect to the objects and purposes for which the grazin£. reserve was established. sEcno:-; I. 2. 3. 4. 5. 6. i. 8. 9. 10. II. I:!. Guides (Licensing) CHAPTER 56 GUIDES (LICENSING) ARRANGEMENT OF SECTIONS Short title. Intcrpretmion. Guides to be licensed. Offences with ree.ard to licences and armlets. Unlicensed persOn acting as guide. Nuisance offences by guides and others. Special provisions as 10 evidence in certain cases. Cena in presumptions of law. Offences by motor vehicle drivers. General p;nalty. [CAP. 56 Prosecution to be with consent of superintendent of police. Power to make regulations.