CROSS RIVER – ESCORTS (REQUISITION OF SUPPLIES) LAW
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LAWS OF CROSS RIVER STATE
CHAPTER E7
ESCORTS (REQUISITION OF SUPPLIES) LAW
ARRANGEMENT OF SECTIONS
SECTION
- Circumstances in which an escort may requisition supplies.
- Payment for supplies requisitioned.
- Procedure where payment is not accepted.
- Obstruction of escort.
- Saving of liability.
- Interpretation.
- Short title.
CHAPTER E7
ESCORTS (REQUISITION OF SUPPLIES) LAW
A Law to empower Escorts to Requisition Supplies of which they may be in need in Cases where there has been a Refusal to sell the same.
(4th June, 1936)
[Commencement.]
- Circumstances in which an escort may requisition supplies
(1) Where an escort is in need of supplies and the Local Government Secretary in charge has requested the inhabitants of any village to provide the escort with supplies in such quantities as he may specify (not exceeding the quantities of which the escort is in need) and has informed them that he will pay adequate compensation for all such supplies on delivery, then if and in so far as the inhabitants refuse or fail to provide the escort with such supplies the escort may seize and appropriate supplies belonging to the inhabitants of the village.
(2) For the purpose of this section—
(a) any request or intimation may be made or given by the Local Government Secretary personally or by someone authorised to do so on his behalf; and
(b) a request or intimation shall be deemed to have been made or given to the inhabitants of a village if it is made or given to one or more persons appearing to the person making or giving the same to be a person or persons having authority in the village, or if it is made or given to as many of the inhabitants as circumstances reasonably permit.
- Payment for supplies requisitioned
(1) When it becomes necessary for an escort to seize and appropriate supplies under the provisions of section 1, the Local Government Secretary shall keep an accurate record of all supplies so seized and appropriated.
(2) If a person applies to the Local Government Secretary for payment in respect of any of the supplies so seized and appropriated and the Local Government Secretary is satisfied that such supplies were the property of that person the Local Government Secretary shall pay him for such supplies at rates not lower than the rates generally prevailing in the neighbourhood.
(3) If after the expiration of fourteen days from the date of the seizure no claims to the satisfaction of the Local Government Secretary shall have been made or such claims shall not have been made to the full extent of such supplies the Local Government Secretary shall thereupon pay for such supplies or the balance thereof by handing the amount therefor to the village head or to the village head and council who shall pay the same to the owners of the supplies requisitioned.
- Procedure where payment is not accepted
(1) Where the amount tendered in payment of supplies seized and appropriated is considered by the person claiming to be entitled thereto to be less than the rates generally prevailing in the neighbourhood and such person refuses to accept the amount tendered, he may, within fourteen days of the date when the amount was tendered, apply to the Commissioner to decide the amount to be paid. The Commissioner may confirm or vary, whether by increase or decrease, the amount to be paid.
(2) If the applicant is aggrieved at the decision of the Commissioner, he may within fourteen days appeal therefore to the High Court, which Court may confirm or vary the decision of the Commissioner. An appeal under this subsection shall be made in such manner as may be prescribed by rules of court.
- Obstruction of escort
Any person who wilfully obstructs any escort or member thereof in the exercise of the power of seizing and appropriating supplies conferred by section 3 shall be liable to a fine of twenty naira or to imprisonment for six months or to both such fine and imprisonment.
- Saving of liability
Where the provisions of this Law have been complied with no person shall have any claim whatsoever against the Government, the Local Government Secretary or any person connected with the requisitioning of such supplies in respect of the supplies so seized and appropriated.
- Interpretation
In this Law—
“Commissioner” means the Commissioner charged with the responsibility for finance;
“escort” includes one or more members of the armed forces of Nigeria accompanying a Local Government Secretary for the purpose of protection of life and property against attack, as well as the Local Government Secretary and all unarmed persons accompanying him;
“supplies” includes foodstuffs and livestock; “village” includes any town which is not an urban area or a municipality.
- Short title
This Law may be cited as the Escorts (Requisition of Supplies) Law.
CHAPTER E7
ESCORT (REQUISITION OF SUPPLIERS) LAW
SUBSIDIARY LEGISLATION
No Subsidiary Legislation
