PUBLIC HEALTH LAW
ARRANGEMENT OF SECTIONS
Medical Officers of Health
(2) Execution of works.
PUBLIC HEALTH LAW
A Law to make provision for Public Health.
(26th July, 1917)
Medical Officers of Health
The Commissioner may appoint any medical officer to be the medical officer of health for any area, and in the absence of any such appointment for any area the medical officer in medical charge of the area shall be the medical officer of health for the area.
Every senior health officer shall be a medical officer of health, and whilst on duty in any place, shall have power to direct the sanitary work of such place and to give instructions to all sanitary inspectors, whether in the employment of the Government or not.
It shall be the duty of every medical officer of health to inspect the areas to which he is appointed and to abate nuisances and otherwise to enforce the powers vested in him relating to public health.
The following shall be deemed to be nuisances—
(a) any premises in such a condition as to be injurious to health;
(b) any premises which are so dark or so ill-ventilated or so damp or in such a condition of dilapidation, as to be dangerous or prejudicial to the health of the persons living or employed therein;
(c) any premises which contain rat holes or rat runs or other similar holes or which are infested with rats or in which the ventilating openings are not protected by gratings in such manner as to exclude rats there-from;
(d) any pool, ditch, gutter, watercourse, cesspool, drain, ash pit, refuse pit, latrine, dustbin, washing place, well, water tank, barrel, sink, collection of sullage water, receptacle containing stagnant water, or other thing in such a state or condition as to be injurious to health;
(e) any animal or bird so kept as to be injurious to health of man or molesting to neighbours and any animal or bird suffering from a noxious or contagious disease;
(f) any hold or excavation, well, pond or quarry in or near any street which is or is likely to become dangerous to the public;
(g) any stable, cow-house, pigsty, or other premises for the use of animals or birds which are in such a condition as to be injurious to the health of man or of such animals or birds;
(h) any noxious matter or water flowing or discharged from any premises into any public street or into any gutter or side channel or any street;
(i) any accumulation or deposit of rubbish of any kind whatever, or any decaying animal or vegetable matter, whether in the form of refuse, manure, decayed or tainted food, or in any form whatever;
(j) any growth of weeds, cactus, long grass, reeds or wild bush of any kind which may be injurious to health, and any vegetable that of itself is dangerous to children or others either by its effluvia or through eating its leaves, seeds, fruits or flowers;
(k) any premises certified by the health officer to be so overcrowded as to be injurious or dangerous to the health of the inmates;
(l) any premises on which servants or workmen are employed and suitable and adequate sanitary conveniences are not provided;
(m) any act, omission, place or thing which is or may be dangerous to life, or injurious to health or property;
(n) any plant or tree which may be specified by the Commissioner, by a notice published in the Cross River State Gazette on the recommendation of a medical officer of health, as being favourable to the breeding of mosquitoes, found in any area which may be specified in the said notice.
(1) A health officer shall, if satisfied of the existence of a nuisance, serve a notice, hereinafter called an abatement notice, on the person by whose act, default or sufferance the nuisance arises or continues, or, if such person cannot be found, on the occupier or owner of the premises on which the nuisance arises, requiring him to abate the same within the time specified in the notice, and to execute such works, and to do such things as may be necessary for that purpose, and, if the health officer think it desirable (but not otherwise), specifying any works to be executed.
(2) The health officer may also by the same or another notice served on such person, occupier or owner require him to do what is necessary for preventing the recurrence of the nuisance, and, if he think it desirable, specify any works to be executed for that purpose, and may serve that notice notwithstanding that the nuisance may for the time being have been abated if the health officer consider that it is likely to recur on the same premises.
(3) Where the nuisance arises from any want or defect of a structural character, or where the premises are unoccupied, the notice shall be served on the owner.
(4) Where a notice has been served on any person (including an occupier or owner) under this section and either—
(a) the nuisance arose from the willful act or default of such person; or
(b) such person fails to comply with any of the requisitions of the notice within the time specified, he shall be liable to a fine of twenty naira.
(1) If either—
(a) the person (including the occupier or owner) on whom an abatement notice has been served as aforesaid makes default in complying with any of the requisitions thereof within the time specified; or
(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 officer shall make a complaint and the court hearing 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 abatement order, a prohibition order, or a closing order, or a combination of such orders.
(3) An abatement order may require a person to comply with any of the requisitions of the notice, or otherwise to abate the nuisance within a time specified in such order.
(4) A prohibition order may prohibit the recurrence of a nuisance.
Execution of works
(5) An abatement order or prohibition order shall, if the person on whom the order is made so requires, or the court considers it desirable, specify the work to be executed by such person for the purpose of abating or preventing the recurrence of the nuisance.
(6) A closing 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 are unfit for human habitation, and, if such proof is given, the court shall make a closing order, and may impose a fine of forty naira.
(8) The court, when satisfied that the premises have been rendered fit for human habitation, may declare that it is so satisfied and cancel the closing order.
(9) If a person fails to comply with the provisions of a nuisance order with respect to the abatement of a nuisance he shall, unless he satisfies the court that he has used all due diligence to carry out such order, be liable to a fine of two naira a day during his default; and if a person knowingly and wilfully acts contrary to a prohibition or closing order he shall be liable to a fine of four naira a day during such contrary action; moreover the health officer may enter the premises to which a nuisance order relates, and abate or remove the nuisance, and do whatever may be necessary in execution of such order.
(1) If an order of the court or notice of the health officer for the abatement of a nuisance by the occupier or owner is not complied with because the occupier or owner cannot be found or because the occupier or owner is imprisoned, the health officer may apply to the court for an order to have the nuisance abated, and all costs of and expenses incurred in connection therewith shall be paid to the health officer by the occupier or owner, and may be recovered as a debt.
(2) If no owner or occupier can be found or if the expenses are not paid within six months after the completion of the abatement of such nuisance, the court may order the premises upon which the work shall have been done, or any part thereof, or any movable property found thereon belonging to such occupier or owner, to be sold to defray the said cost and expenses.
(3) The rules of court relating to sales in execution of judgements, orders, decrees and the like shall mutatis mutandis apply to such sale.
(1) (a) It shall be lawful for the health officer to enter any premises at any time between the hours of six in the morning and six in the evening for the purpose of examining as to the existence thereon of any nuisance, or until a nuisance found to exist has been abated or the works ordered to be done are completed or the closing order is cancelled as the case may be, and when a nuisance order has not been complied with or has been infringed, to enter premises at all reasonable hours for the purpose of securing the execution of the order.
(b) If the admission to premises is refused, the court may require the person having the custody of the premises to admit the health officer into the premises during the prescribed hours, and if no person having the custody of the premises is found the court may authorize the health officer forcibly to enter on such premises.
(2) Any such order shall continue in force until the work for which the entry was necessary has been done.
(3) Any person who refuses to obey such order or in any way hinders, prevent or obstructs the execution of the order shall be liable to a fine of twenty naira.
All reasonable costs and expenses incurred in serving the notice, making a complaint or obtaining an order or in carrying the order into effect, shall be deemed to be money paid at the request of the person on whom the order is made, or if no order is made, but the nuisance is proved to have existed when a notice was served or the complaint made, then of the person 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 prem ises, such cost and expenses may be recovered from any person who is for the time being owner of such premises.
(1) Whoever by any act or default causes or suffers to be brought or to flow into any well, stream, tank, reservoir, aqueduct or pond used or intended for supplying water to man or beast or into any conduit communicating therewith any deleterious substance or does any act whereby such water is or may be fouled shall be liable to a fine of twenty naira and a further sum of four naira for every day during which the offence is continued after conviction.
(2) Such penalties may be recovered during the continuance of the offence or within one calendar month after it has ceased.
If any health officer or police officer shall show reasonable cause, the court may grant a warrant to enter any building in which there is reason for believing that there is kept any animal, carcass, meat, poultry, game, fish, vegetables, corn, bread, flour, or other provisions intended for sale for the food of man, which are diseased, or unwholesome, or unfit for the food of man, and to search for, seize, and carry away any such animal or other article in order to have the same dealt with by the court.
Any person who hinders, prevents or obstructs any such officer in the performance of his duty under such search warrant shall be liable to a fine of twenty naira.
(1) Whenever an infectious disease shall have broken out in any place, the Commissioner may by public notice declare such place or any portion thereof to be an infected area and may in like manner order the evacuation of the whole or any part of such infected area.
(2) It shall not be lawful for any person to reside or carry on business within any infected area or portion thereof which is comprised in an order for 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 upon such conditions as such medical officer may in such order direct.
(3) Penalty for a first offence, a fine of fifty naira or three months’ imprisonment and for subsequent offences, a fine of one hundred naira or six months’ imprisonment, or both.
Any person, licenced to sell intoxicating liquors in premises situated in any infected area comprised in an order for evacuation, shall be entitled to a transfer of the licence to premises situated outside the infected area where no higher licence fee is payable unless the Commissioner shall order a refund of the whole or any portion of the fee paid for the licence.
Whenever in the opinion of the medical officer of health there is reason to suspect that a person has died of an infectious disease, it shall be lawful for the medical officer of health to order that the body of the deceased person shall be conveyed to such place as the medical officer of health shall appoint, for such examination as he may consider necessary.
A health officer may cause to be placed on or about any premises in which any case of infectious disease has occurred any mark which he may deem advisable for the purpose of denoting the occurrence of such disease, and may keep such mark affixed for such time as he may deem necessary, and any person removing or obliterating any such mark without the authority of a health officer shall be liable to a fine of ten naira.
A health officer may order the disinfection of any building in which any case or suspected case of infectious disease has occurred and of any article or thing in such building.
(1) The medical officer of health may order the destruction of any building in which a case of infectious disease has occurred, or of any article or thing which may be considered necessary in the interests of the public health.
(2) Any such order shall be carried out in such manner and by such person as the medical officer of health may direct.
A medical officer of health may order the destruction of any animals which he has reason to believe are likely to be agents in the transmission of an infectious disease, and may dispose of the carcasses of any animals so destroyed in such manner as he may think proper.
A medical officer of health may cause any person suffering or suspected to be suffering from an infectious disease to be removed to a Government hospital or other place provided by the Government or by a Local Government to be detained there until he can be discharged with safety to the public.
A medical officer of health may order any person living in the same house or compound, or otherwise brought into contact with any person suffering or suspected to be suffering from an infectious disease, to be isolated in such place as the Government may provide, until he can be discharged with safety to the public, and every person authorised by the medical officer of health to carry out such order may use such force as is necessary to compel obedience to such order.
(1) When an inmate of any house is suffering from an infectious disease, the head of the family and in his default the person in attendance on the patient and in default of such person the occupier or owner of the building shall, as soon as he becomes aware that the patient is suffering from an infectious disease, give notice thereof orally or in writing to the medical officer of health. It is incumbent also upon every medical practitioner consulted by or in attendance on any patient suffering from an infectious disease to give such notice.
(2) If anyone liable to give notice fails to give the notice required, he shall be liable to a fine of ten naira or to imprisonment for two months:
Provided that if a person is not liable to give notice in the first instance but only in default of some other person, he shall not be liable to a penalty if he satisfies the court that he had reasonable cause to suppose that the notice had been duly given.
(1) A health officer may by notice in writing require the owner of any bedding, clothing or other articles, which have been exposed to infection, to cause the same to be delivered to such health officer for removal for the purpose of disinfection.
(2) The bedding, clothing and articles shall be disinfected by the health officer, and shall be brought back and delivered to the owner free of cost.
Any person who knowingly lets for hire any house in which any person has been suffering from any infectious disease, without having had such house and the articles therein properly disinfected to the satisfaction of the medical officer of health, shall be liable to a fine of twenty naira.
Any person who—
(a) while suffering from an infectious disease or being in charge of any person so suffering, does any act or thing which tends to the spread of the disease; or
(b) gives, lends, sells, transmits or exposes without previous disinfection any bedding, clothing or other article which has been exposed to infection, shall be liable to a fine of twenty naira or to imprisonment for three months.
Any person who, while suffering from any infectious disease, enters any ship or public conveyance without previously notifying to the person in charge thereof that he is so suffering, shall be liable to a fine of ten naira or to imprisonment for one month, and in addition may be ordered to pay to the owner of the ship or public conveyance the amount of any expense such owner may incur in disinfecting such ship or public conveyance.
Every person in charge of any ship or public conveyance shall to the satisfaction of the medical officer of health immediately provide for the disinfection of such ship or public conveyance after it has to his knowledge conveyed any person suffering from any infectious disease, and if he fails to do so, shall be liable to a fine of ten naira:
Provided that where the person in charge or owner of any such ship or public conveyance is unable in the opinion of the medical officer of health effectually to cleanse and disinfect such ship or public conveyance, the same may be cleansed and disinfected by the medical officer of health at the expense of the person or owner.
Every health officer, administrative officer, or police officer may apprehend and take, or cause to be apprehended or taken, to a hospital any person whom he shall find in any public street, public place, shop or public conveyance suffering from any infectious disease.
(1) When any infectious disease is epidemic in any place, the Commissioner may appoint whatever medical or other officers he may think fit to be visitors therein.
(2) Such officers may enter any premises in which 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 disinfection thereof or otherwise as they shall consider necessary.
(1) The owner of any building, article or thing destroyed under an order made in pursuance of section 22, and the owner of any animal killed under an order made in pursuance of section 23, shall be entitled to compensation to be paid either out of general revenue or out of the funds of a Local Government as may be prescribed or as the Commissioner may direct.
(2) All claims for compensation under this section or under any rules under section 38 shall be heard and determined by a compensation board which the Commissioner is hereby empowered to appoint, consisting of two persons, one of whom shall be unconnected with the public service.
(3) The unofficial member of the board shall be entitled to his actual out-of-pocket expenses, and the Commissioner may, at his discretion, allow to him such further remuneration as he may think fit.
(4) In appointing any compensation board the Commissioner may—
(a) define the limits of the jurisdiction of the board;
(b) appoint any member by name or 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.
(5) Every appointment made under this section shall be notified in the Cross River State Gazette.
(6) A compensation board shall have all the powers of the High Court to summon witnesses, and to call for the production of books, plans or documents and to examine witnesses and parties on oath and all persons summoned to attend and give evidence or to produce books, plans or documents shall be bound to obey the summonses served upon them as fully in all respects as if the summonses had been issued by the High Court, and shall be entitled to like expenses as if they had been summoned to attend such court on a criminal trail, if the same shall be allowed by the board, but the board may disallow the whole or any part of such expenses in any case if they think fit.
(7) If the two members of a compensation board are unable to agree on the amount of compensation to be awarded (or on any point of practice or procedure arising before them) the amount of such compensation (and the point of practice or procedure) shall be referred for decision to a judge of the High Court, who shall for purposes of the reference be deemed to be a member of the compensation board, and whose decision shall be deemed to be the decision of the board.
(8) The award of the compensation board shall be in writing, signed by the members or by the judge, as the case may be, and shall be final.
(9) Any witness who shall willfully give false evidence in any proceedings before a compensation board shall be guilty of perjury and be liable to be prosecuted and punished accordingly.
Every claim for compensation shall, within two months after the happening of the event in respect of which the claim is made, be sent either directly to compensation board or to an administrative officer for transmission to such board: and no claim which has not been sent to either such board or officer within the said period of two months shall be entertained unless with the consent of the Commissioner.
No civil proceeding of any kind whatsoever shall, without the written consent of the Attorney-General, be brought against any person for damages or compensation in respect of any measures taken or to be taken under this Law to prevent the spread of any infectious disease.
Where a person in charge of or in attendance on or living with a person suffering from an infectious disease is charged with 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 reasonable diligence have obtained such knowledge.
The Commissioner may make rules—
(a) for isolating all persons suffering or suspected to be suffering from an infectious disease, or brought into contact with any person so suffering, or suspected;
(b) for inspecting and granting permits to persons travelling by sea or land from a place where an infectious disease has occurred, and for disinfecting their clothes and effects;
(c) for closing, destroying, disinfecting, cleaning or otherwise rendering harmless, houses, buildings, latrines, wells, dustbins, dumping grounds and any place that by reason of the existence of infectious disease it may be deemed advisable so to deal with;
(d) for prohibiting the removal of property from infected houses;
(e) for prescribing the mode of burial or disposal of bodies of person dying from an infectious disease;
(f) for the removal of person from an infected area the evacuation of which has been ordered by the Commissioner;
(g) for establishing a cordon around any place where an infectious disease has occurred or otherwise preventing persons departing from or going to any such place;
(h) for prescribing the reporting of cases of sickness and death;
(i) for the disposal or destruction of refuse and sewage;
(j) for the erection of temporary huts, mortuaries and similar buildings by the chiefs or headmen of towns or villages;
(k) prescribing the acts or things, done under any rule, in respect of which compensation may be paid;
(l) for declaring whether compensation shall be paid out of the general revenue, or out of the funds of a local government;
(m) for the publication within the area affected of any notice under section 17 or a rule made under this section;
(n) for prescribing the procedure to be adopted by a compensation board; and
(o) generally for the better carrying into effect of any of the provisions of this Law relating to infectious diseases.
Any person who willfully hinders, prevents, or obstructs any health officer or other person in the execution of this Law shall be liable to a fine of ten naira.
If the occupier of any premises prevents the owner thereof from obeying any order made under or carrying into effect any of the provisions of this Law, the court, on complaint, and on proof of such prevention, shall by order require such occupier to permit the execution of any works which appear to the court necessary for the purpose of obeying such order or carrying into effect such provision, and if, within twenty-four hours after service on him of the order such occupier fails to comply therewith, he shall be liable to a fine of ten naira for every day during the continuance of such non-compliance.
For every contravention of the provisions of this Law and for every omission to do anything required to be done by or under this Law for which no other penalty is provided the offender shall be liable to a fine of fifty naira.
(1) All penalties, fines, costs and expenses, the recovery of which is not otherwise provided for, shall be recoverable upon summary trial.
(2) The Governor may by order confer upon all or any customary courts jurisdiction to impose penalties, and to order the payment of costs and expenses, under this Law, upon or by persons subject to the jurisdiction of such court, subject to such restrictions and limitations, if any, as may be specified in such order.
(1) A notice, order or document required or authorised by this Law to be served on the owner or occupier of any premises shall be deemed to be properly addressed by the description of the “owner” or “occupier” of such premises without further description, and shall be deemed to be properly served if it is delivered to some adult person on the premises, or, if there is no such person on the premises to whom the same can with reasonable diligence be delivered, by fixing the notice on some conspicuous part of the premises.
(2) A notice, order or document required or authorised by this Law to be served on any person (including an owner or occupier) may be served—
(a) by delivering the same to such person;
(b) by delivering the same, at the usual or last known place of abode of such person, to some adult member or servant of his family.
(1) The occupier of any premises shall, if required by any health officer or any police officer, give his name and the name and address of the owner of the premises if known.
(2) Any occupier declining to give or willfully mis-stating the name or address either of himself or of the owner shall be liable to a fine of ten naira.
Every police officer shall give information to the health officer of any offence which he knows or has reason to believe has been committed against this Law.
Every sanitary inspector while acting as such shall, by virtue of his appointment and without being sworn in, be deemed to be a police officer and have all powers and privileges of a police officer for the purpose of the execution of his duty under this Law.
If any nuisance appears to be wholly or partially caused or contributed to by the acts or defaults of two or more persons (including an owner or occupier), any order may be served on one or several or all of such persons and proceedings may be instituted against one or several or all of such persons, whether in one proceeding or not, and one or several or all such persons may be ordered to abate such nuisance so far as the same appears to the court to be caused by his or their acts or defaults, or may be prohibited from continuing any acts or defaults which the court finds as a matter of fact contribute to such nuisance, or may be fined or otherwise punished notwithstanding that the acts or defaults of any one of such persons would not separately have caused a nuisance, and the costs may be distributed as to the court may appear fair and reasonable.
Where in any proceeding under this Law any person is summoned or otherwise dealt with as the occupier of premises if he alleges that he is not the occupier, the proof of such allegation shall be on him.
A health officer or other person shall not be liable to any action, liability or demand on account of anything done by him bona fide for the purpose of executing this Law.
In this Law unless the context otherwise requires—
“Attorney-General” means the Attorney-General of the State;
“Commissioner” means the member of the State Executive Council responsible for
“dairy” includes any farm house, cowshed, milk store, milk shop or other place from which milk, other than imported preserved milk, is supplied, or in which milk, other than such imported milk, is kept for sale;
“health officer” includes a medical office of health, a sanitary superintendent, a sanitary inspector or other person acting under the authority, whether general or special, of the medical officer of health, and whether or not such sanitary inspector or other person is serving in the Ministry of Health or is in the service of a Local Government;
“infectious disease” in relation to human beings, includes any disease of an infectious or contagious nature which the Commissioner may by public notice declare to be an infectious disease within the meaning of this Law;
“medical officer” includes a medical officer in the service of the Government and a qualified medical practitioner employed by the Government or by a Local Government for the purpose of this Law;
“occupier” means the person in occupation of the tenement in respect of which the word is used or of any part of such tenement, but does not include a lodger;
“owner” includes the person for the time being receiving the rent of the tenement in connection with which the word is used, whether on his own account or as agent or trustee for any other person, or who would receive the same if the tenement were let to a tenant, and the holder of a tenement direct from the State whether under lease, licence or otherwise;
“premises” includes messuages, buildings, lands, tenements, hereditaments, vehicles, tents, vans, structures of any kind, drains, ditches or places open, covered or enclosed, and any ship or vessel in any port or on any inland waters;
“State” means Cross River State;
“street” includes all roads, bridges, carriage ways, cart ways, horse ways, footways, causeways and pavements.
This Law shall apply to and be in force in the area of authority of any Local Government.
This Law may be cited as the Public Health Law.
PUBLIC HEALTH LAW
List of Subsidiary Legislation
PUBLIC HEALTH (INFECTIOUS DISEASES) DECLARATION
(1st January, 1964)
This declaration may be cited as the Public Health (Infectious Diseases) Declaration, and shall come into operation on the 1st day of January, 1964.
The diseases mentioned in the Schedule are declared to be infectious diseases within the meaning of the Ordinance.
BREEDING OF MOSQUITOES (SPECIFIED PLANTS AND TREES) NOTICE
Plant or Tree specified Area specified
Cocoyam Calabar Urban County Council.
PUBIC HEALTH RULES
These Rules, which in their original form date back to 1917, were made by the Governor of Nigeria, under the powers formerly conferred by the sections now numbered 40, 41 and 42 in the Public Health Act (now Public Health Act. Cap. P.25. Laws of Lagos State). Section 40 of the Act is section 38 of the Public Health Law, and Parts 1 and, to some extent, 4 of the Rules have effect in Cross River State as if made by the Commissioner under that section. Section 41 of the Act conferred power to make rules with regard to slaughter-houses and the sale of meat, and section 42 power to make rules with regard to various matters affecting public health, but by virtue of section 224 of the Eastern Nigeria Local Government Law (E.N. 1963, Cap. 79) these two sections had ceased to have effect in any part of Cross River State at the date when that Law was repealed by the Development Administration Edict 1970 No. 6, and neither that Edict nor its successive replacements (now the Local Government Law, Cap. L16) contained words reviving them: see section 8 of the Interpretation Law, Cap. I6. The consequence is that Parts 2 and 3 of the Rules and so much of Part 4 as does not have effect as if made under section 38 of this Law do not have effect as if made by the Commissioner.
However, sections 3 and 33 of the Local Government Law empowers a local government to make by-laws for the matters referred to in Parts 2, 3 and, to some extent, 4 of the Public Health Rules, and it appears that those Parts of the rules remain in force in the area of each Local Government, under section 20 of the Interpretation Law, until they are repealed or replaced by by-laws made under section 3 of the Local Government Law.
PUBLIC HEALTH RULES
(2) A person who refuses to submit to medical examination shall not leave the infected area.
(3) Any persons discovered with suspicious symptoms shall be detained and dealt with as the medical officer of health may direct.
(a) he satisfy the medical officer of health as to his name, intended destination and his place of residence thereat, and that such place is conveniently situated for medical supervision;
(b) he shall present himself for medical supervision during the prescribed period; and he may be required by the medical officer of health to deposit a sum, not exceeding four naira, which may be forfeited if he fail so to present himself.
(2) If the medical officer of health be not satisfied as herein required, or if the person fail to comply with paragraphs (a) and (b) hereof, the medical officer of health shall detain him under observation or direct him to proceed to a specified place and there remain under observation during the prescribed period. In the latter case, the provisions of paragraph (b) hereof may, at the discretion of the medical officer of health, be applied to such person. In the case of plague, the period of detention under this rule may be extended to ten days.
(a) when observation is resorted to, the period shall not exceed five days, in the case of plague and cholera; six days, in the case of yellow fever or cerebro-spinalmeningitis; twelve days in the case of smallpox;
(b) when surveillance is resorted to, the period shall be the same as that of observation; save in the case of plague, when it may be extended to a period not to exceed ten days. In applying these measures, the period of observation or surveillance shall extend from the date of removal from the infected area: Provided that among those under observation no subsequent case has occurred. If any further case of the same disease occur, the period of observation shall date from the day of the isolation of the last case;
(c) the medical officer of health shall prescribe the periods of observation and surveillance in the event of any other infectious disease.
(2) Any person who is present at or takes part in any meeting, ceremony or custom which has been prohibited shall be liable to a fine of ten naira.
(2) When plague is present in any place no foodstuffs attractive to rats shall be kept in inhabited premises unless such foodstuffs are effectively protected against rats and mice to the satisfaction of the medical officer of health.
Slaughter-houses and Sale of Meat
(a) in a public slaughter-house;
(b) in a licenced private slaughter-house; or
(c) under a special licence, and the animal has been examined by a health officer and passed by him as fit for slaughter.
[Form A. Schedule.]
(2) There shall be paid for every such licence a fee of fifty kobo for each month or part of a month for which the licence is to have effect. The Local Government, in issuing any such licence, may impose and indorse thereon such special conditions (if any) as to the Local Government may appear proper.
(3) Any such licence may be cancelled by the Local Government if the holder thereof commits any breach of conditions of the licence or of the provisions of this Part.
Cattle per head …………………………………………………. 1.00
Sheep and swine per head ………………………………….. 0.25
Goats per head …………………………………………………. 0.10
Services for which fee is payable
|Minimum to which
fee may be
reduced, per head
|For inspection, examination, and if passed for slaughter, for issuing a certificate of fitness, in respect of animals to slaughtered in a public or licensed slaughter house||All cattle
(2) The Commissioner may by notice in the Cross River State Gazette exempt any area or place from the operation of this rule.
(2) The health officer shall order the mode of disposal of any such condemned carcass or part thereof; and the cost shall be borne by the owner.
(2) Anything in paragraph (1) to the contrary notwithstanding, the Local Government may grant a permit in writing for the sale on approved premises, not being a public market, of such descriptions of meat as may be specified in such permit.
(2) In the event of the Local Government differing from, and being unable to accept any alteration or amendment to such plans or sections advised by, the medical officer of health, the Local Government shall not pass the plan or section concerned without the approval of the Commissioner.
(a) all doors open outwards;
(b) the draining is effective and adequate;
(c) the minimum free air space per head is three hundred cubic feet; but the Local Government shall have power, in any case, to raise this minimum on the recommendation of the medical officer of health;
(d) there is a sufficiency of sanitary conveniences of approved type, with separate accommodation for females;
(e) the water supply is wholesome and sufficient;
(f) the ventilation is adequate;
(g) the disposal of waste products is satisfactory.
(2) A Local Government shall not register any premises under this rule until the premises have been inspected and approved by the health officer.
(3) There shall be paid in respect of every such registration a fee of fifty kobo and the Local Government shall issue a certificate of registration in the Form B in the Schedule.
(4) Any such premises, which are not re-registered in the month of January in each year, shall be deemed to be unregistered premises.
notice in writing prohibit the proprietor or occupier from using such premises for any such purposes until such time as such prohibition shall be withdrawn.
Laundries and wash-houses
(a) Rinder pest or cattle plague;
(b) Contagious pleuro-pneumonia of cattle;
(c) Foot and mouth disease;
(d) Swine fever;
(e) Epizootic Lymphangitus;
(g) Glanders and Farcy;
(j) Any other contagious or infectious disease which the Commissioner may by notice in the Cross River State Gazette declare as such.
(a) in the case of a temporary grass hut, the hut shall be burnt;
(b) in the case of a permanent building, the walls and floor shall be scraped and all scrapings shall be burnt, and when possible the ceilings, walls and floors shall be painted with a strong solution of chloride of lime and thereafter with a five per centum solution of carbolic acid or other strong disinfectant;
(c) all ropes, straw, dung, and litter shall be burnt;
(d) all butchers’ implements and outfit, utensils and stable gear or fixtures shall be disinfected with a strong solution of carbolic acid, or other disinfectant.
(2) In the case of anthrax the carcass shall be buried immediately and as close as possible to the place where the animal died or was killed, at a depth of six feet, with, when possible, layers of lime one foot below and one foot above the carcass, all the natural orifices of the body shall be plugged.
(3) In the case of rinderpest the whole carcass, and in the case of pleuro-pneumonia or tuberculosis the diseased organs or part, shall be buried.
(4) In all cases the owner of the carcass shall be liable to pay the expense of the disposal of the carcass.
THE PUBLIC HEALTH LAW
Private Slaughter-house Licence
The premises described hereunder and in the control of ………………………………………….
are licenced as a private slaughter-house from ……………………………………………………. , 20 ………………………… to …………………………………………, 20 ……………………………..
Date ……………………………………………., 20 ………………………
Fee paid, ₦ …………………………………………… ………………………………………………… Town Clerk
THE PUBLIC HEALTH LAW
Registration of Bake-houses, Dairies, Aerated Water Manufactories, Eating houses, Food preserving and Food preparing Houses
The premises described hereunder and in the control of ………………………………………….. are registered as …………………………………………………………………………………. , from 20 …………………………. to …………………………………………., 20 …………………………… Date …………………………………………………………, 20 …………………………..
Fee 50k …………………………………………. ………………………………………………… Town Clerk