CROSS RIVER – PEACE PRESERVATION LAW

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LAWS OF CROSS RIVER STATE

CHAPTER P4

PEACE PRESERVATION LAW

ARRANGEMENT OF SECTIONS

SECTIONS

  1. Power to declare a proclaimed district.
  2. Suspects may be arrested on warrant.
  3. Penalty for assisting suspect.
  4. Prohibition on having arms or ammunition in a proclaimed district.
  5. Arrest of persons having arms.
  6. Search warrant.
  7. Manner in which arms delivered up shall be dealt with.
  8. Acts and omissions by chief or Local Government in case of riot etc., in a proclaimed district.
  9. Cost of additional troops or police in a proclaimed district.
  10. Power of magistrate in preventing disturbances.
  11. Officers and soldiers of the armed forces to have powers of arrest.
  12. Interpretation.
  13. Short title.

 

 

 

 

 

 

 

 

CHAPTER P4

PEACE PRESERVATION LAW

A Law to provide for the Preservation of the Public Peace.

(14th June, 1917)

[Commencement.]

  1. Power to declare a proclaimed district

(1)     Whenever it shall appear to be necessary for the preservation of public peace in any area of the State, the Governor may declare by proclamation that such area is a proclaimed district for the purposes of this Law.

(2)     The Governor may by such proclamation or by any subsequent proclamation prescribe the period within which all arms and ammunition in the possession of any person in the proclaimed district, other than persons in the service of the Government and such other persons or class of persons as may be specified in the proclamation (hereinafter referred to as excepted persons), shall be delivered up to such officer as may be specified in the proclamation.

(3)     A proclamation under subsection (1) may at any time be cancelled by the Governor by notice in the State Gazette and on such cancellation the area shall cease to be a proclaimed district.

  1. Suspects may be arrested on warrant

(1)     Any person who is reasonably suspected by a Local Government Secretary of having been guilty—

(a)     as principal or accessory of any offence under Chapter 6 or Chapter 7 of the Criminal Code; or

(b)     of any offence punishable by law, being an act of violence or intimidation; or

(c)     of inciting to an act of violence or intimidation tending to interfere with or disturbing the maintenance of law and order, in any proclaimed district after the same has been proclaimed, may, on the warrant of a Local Government Secretary be arrested in any part of the State and detained during the continuance of the proclamation in a prison named in the warrant or in such other prison as may be directed by the Governor, without bail, and shall not be discharged or tried by any court without the direction of the Governor; and every such warrant shall, for the purposes of this Law, be conclusive evidence of all matters therein contained and of the jurisdiction to issue and execute such warrant, and of the legality of the arrest and detention of the person mentioned in such warrant.

(2)     Every such warrant shall state the character of the offence of which the person to be arrested there-under is suspected. A copy of the warrant shall be given to each person arrested on the occasion of his arrest.

(3)     A Local Government Secretary who issues such warrant shall immediately send a copy thereof to the Governor.

(4)     On the expiration of a period of three months after the arrest of such person detained under this section, and so from time to time on the expiration of each succeeding period of three months while such person is detained, the Governor shall consider the case of such person and decide thereon; and the decision of the Governor in that behalf shall be certified under his hand or under the hand of a secretary and forwarded to the officer in charge of the prison in which such person is detained, who shall record such decision by endorsement on the warrant filed in his office.

  1. Penalty for assisting suspect

Any person who knowingly receives, comforts, assists or conceals any person against whom a warrant has been issued under section 4 shall be liable to imprisonment for six months or to a fine of one hundred naira.

  1. Prohibition on having arms or ammunition in a proclaimed district

(1)     After the expiration of the period within which arms and ammunition are required by any proclamation to be delivered up, no person, other than excepted persons, shall have or carry arms or ammunition in a proclaimed district.

(2)     Any person contravening the provisions of this section shall be liable to imprisonment for three months or a fine of forty naira and the forfeiture of the arms and ammunition.

  1. Arrest of persons having arms

Any person having or carrying or reasonably suspected of having or carrying any arms or ammunition in contravention of this Law may be arrested without warrant by any magistrate or police officer and conveyed before a magistrate to be dealt with according to law; and any arms or ammunition had or carried in contravention of this Law may be seized and forfeited.

  1. Search warrant

(1)     A magistrate may himself enter and search, or may by warrant direct any person named in such warrant to enter and search, any house, building, vessel or place within a proclaimed district for any arms or ammunition or for any person against whom a warrant has been issued under section 4, suspected to be therein.

(2)     Such warrant shall be valid notwithstanding that the houses, buildings, vessels or places to be searched are not specified thereon further than being houses, buildings, vessels or places in a specified area.

(3)     A magistrate or the person named in the warrant may call to their assistance any other person, and use such force as may be necessary.

  1. Manner in which arms delivered up shall be dealt with

(1)     The officer to whom any arms and ammunition shall be delivered in accordance with the directions of a proclamation under section 3 shall keep a register of the arms and ammunition delivered to him and of the person by whom they have been delivered.

(2)     Subject to the provisions of subsection (3) the arms and ammunition delivered as aforesaid shall be detained by the officer whilst the area continues to be a proclaimed district, and on the area ceasing to be a proclaimed district shall be returned to the persons who shall have delivered the same or who shall appear to the officer to be entitled thereto.

(3)     The Governor may—

(a)     at any time order all or any of the arms or ammunition to be returned to the persons who shall have delivered the same or who may appear to be entitled thereto; or

(b)     order that the arms or ammunition detained or any of them shall not be returned and shall be forfeited:

Provided that the Governor may in such case, if he thinks proper, direct the persons otherwise entitled to the arms or ammunition shall be paid out of general revenue the value of the same to be determined by such officer as the Governor may appoint.

  1. Acts and omissions by chief or Local Government in case of riot etc., in a proclaimed district

If a rebellion, civil commotion or riot resulting in harm to any person or loss of life or damage to property shall take place in a proclaimed district, any chief or Local Government who or which takes part in, instigates or neglects to take proper measures to prevent or suppress, such rebellion, civil commotion or riot, or neglects to bring to justice or deliver up persons taking part in or accused or suspected of taking part in such rebellion, civil commotion or riot, shall be liable to a fine of one thousand naira or to imprisonment for three years.

  1. Cost of additional troops or police in a proclaimed district

When additional troops or police have been sent to or stationed in a proclaimed district the Governor may order that all or any of the inhabitants of such proclaimed district shall be charged with the whole or any portion of the cost of such additional troops or police, and such charge shall be paid and levied in the like manner as if it were a fine imposed under the Collective Punishment Law.

  1. Power of magistrate in preventing disturbances

In any proclaimed district any magistrate or commissioned military or superior police officer, who has reasonable cause to believe that a rebellion, civil commotion or riot is taking place or about to take place may do all things necessary for preventing the same, and may use all such force as is reasonably necessary for preventing the same or for overcoming any resistance which may be made, and shall not be liable for having, by use of such force, caused harm or death to any person, except in criminal proceedings at the instance of the Attorney- General, or in civil proceedings with the Attorney-General’s consent.

  1. Officers and soldiers of the armed forces to have powers of arrest

In any proclaimed district all officers and soldiers of the armed forces shall in addition to any other powers of arrest conferred on them by any of the provisions of this Law have all the powers of arrest of a police officer.

  1. Interpretation

In this Law unless the context otherwise requires—

“air gun” means and includes any weapon which discharged a projectile by means of compressed air or any mechanical contrivance with sufficient force to endanger life;

“ammunition” includes any powder or other preparation used to produce explosion, any cap, rocket or cartridge containing such powder or other preparation, any projectile for discharge by such powder or other preparation, and any component parts of the same, and projectiles for air guns and all other materials for loading arms;

“arms” includes arms of precision and any weapon discharging a projectile by explosion, or any part of such weapon, and also swords, cutlasses, spears, daggers, bows and arrows;

“arms of precision” includes magazine guns, rifles, breach loaders, cap guns, flint-locks with rifled barrels and air guns, or any part or parts thereof;

“proclaimed district” means an area declared by a proclamation under section 3 to be a proclaimed district.

  1. Short title

This Law may be cited as the Peace Preservation Law.

 

CHAPTER P4

PEACE PRESERVATION LAW

SUBSIDIARY LEGISLATION

No Subsidiary Legislation

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