CROSS RIVER – PUBLIC ORDER (PROHIBITION OF SECRET CULT AND OFFENSIVE WEAPONS) LAW

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LAWS OF CROSS RIVER STATE

CHAPTER P21

PUBLIC ORDER (PROHIBITION OF SECRET CULT AND OFFENSIVE WEAPONS) LAW

ARRANGEMENT OF SECTIONS

SECTION

  1. Enactment.
  2. Penalty for unlawful possession.
  3. (1) Prohibition of cultism.

(2)     Penalty for cultism.

  1. Threatening violence.
  2. Harbouring offenders.
  3. Aiding escape.
  4. Obstruction.
  5. Power of arrest and seizure.
  6. Power of detention.
  7. Jurisdiction and procedure.
  8. Interpretation.
  9. Short title.

CHAPTER P21

PUBLIC ORDER (PROHIBITION OF SECRET CULT AND OFFENSIVE WEAPONS) LAW

A Law to make provision for Public Order and Prohibition of Secret Cult and Offensive Weapons and for purposes connected therewith.

(12th April, 2002)

[Commencement.]

  1. Enactment

(1)     Any person who, whether a member of a secret cult or not and who, in any place or gathering—

(a)     has in his possession or under his control any offensive weapons; or

(b)     procures or causes to be procured by any other person any offensive weapon; or

(c)     conspires or in any way makes possible the possession or use of any offensive weapon; or

(d)     uses an offensive weapon on another person; or

(e)     threatens the use of an offensive weapon on another person, shall be guilty of an offence.

  1. Penalty for unlawful possession

(1)     Any person who contravenes any of the provisions specified in paragraph (a) to (e) of section 1 above shall be liable on conviction—

(a)     in the case of a first offender to imprisonment for not less than seven years without an option of fine;

(b)     in the case of a second offender to imprisonment for not less than ten years and without an option of fine.

  1. Prohibition of cultism

(1)     Any person who is a member of a secret cult, whether or not being in possession or control of an offensive weapon, commits an offence.

Penalty for cultism

(2)     A person shall, upon trial and conviction for the offence in subsection (1) of this section be sentenced to imprisonment for seven years without an option of fine.

  1. Threatening violence

(1)     Any person who with intent to intimidate another person or persons, threatens to discharge or apply discharge or procures or encourages any person to apply discharge or threaten any other with any firearm or other offensive weapon, is guilty of an offence.

(2)     Any person who commits an offence under this section shall upon trial and conviction under this Law, be sentenced to imprisonment for not less than seven years without an option of fine.

  1. Harbouring offenders

(1)     Any person who harbours another person who has in his possession or control any offensive weapon or who trains another person or persons in the use of any offensive weapons or who allows his residence to be used as a venue for secret cult activities is guilty of an offence.

(2)     A person who contravenes the provisions of this section shall upon trial and conviction be sentenced to imprisonment for not less than seven years without an option of fine.

  1. Aiding escape

Any person who assists the escape from arrest of another who has committed any offence under this Law is guilty of an offence and upon conviction shall be sentenced to imprisonment for not less than ten years without an option of fine.

  1. Obstruction

Any person who harbours or hides another who has committed any of the offences under this Law is guilty of an offence and upon conviction shall be sentenced to imprisonment for not less than seven years without an option of fine.

  1. Power of arrest and seizure

Any police officer or any person who believes on reasonable grounds that a person is in possession of or in any way aided and abetted the possession by any other person of any offensive weapon or weapons shall have power to arrest such person and seize and detain any such weapons found on that person or persons and may hold such person in protective custody for a reasonable period:

Provided that such arrest, seizure and detention shall be reported to the nearest police station and the weapon or weapons so seized shall be handed over to the police and the person or persons so arrested shall be arraigned before a court within such reasonable time for trial.

  1. Power of detention

(1)     The police believing on reasonable grounds that a person is either a member of a secret cult or sponsoring violence shall have the power to detain such a person for questioning and trial.

(2)     Any person, not being a police officer who believes on reasonable grounds that a person is a member of a secret cult, shall be entitled to make a report at the nearest police station, and the police upon receiving such report shall have to detain such person in accordance with subsection (1) of this section.

  1. Jurisdiction and procedure

(1)     All offences created under this Law shall be heard and disposed of by the Magistrates’ Court in the area where the offence is committed.

(2)     The procedure for the trial of offences under this Law shall be governed by the Criminal Procedure Law.

  1. Interpretation

In this Law—

“gathering” means and includes ceremonies, rallies, demonstrations, political campaigns, secret cult meetings and all other gatherings for the purpose of promoting violence;

“harbouring” means and includes any person who keeps or protects a person who committed an offence under the provisions of this Law;

“offensive weapon” means and includes any firearms, explosive, ammunition, article made or adapted for use for causing injury to any person or intended by the person having it for such use by him and it includes an air gun, air pistol, bow and arrow, spear, cutlass, matchet, dagger, cudgel or any piece of wood, metal, glass or stone capable of being used as an offensive weapon;

“place” means and includes any public way and any private or public building, place or conveyance to which any person is entitled or permitted to have access, either without any condition or upon condition of making any payment, and any building or place which is for the time being used for any private or public or religious meeting or assembly or as an open court;

“secret cult” means and includes any body or organisation whose purposes and intents are not open to the public and who engages in violence or the promotion of violence or harm in any manner whatsoever against the public or any member of the public;

“security agencies” includes the Nigeria Police, State Security Service, National Drug Law Enforcement Agency, Directorate of Military Intelligence Agency, and such other agencies involve in Law Enforcement and security matters.

  1. Short title and commencement

This Law may be cited as the Public Order (Prohibition of Secret Cult and Offensive Weapons) Law.

 

CHAPTER P21

PUBLIC ORDER (PROHIBITION OF SECRET CULT AND OFFENSIVE WEAPONS) LAW

SUBSIDIARY LEGISLATION

No Subsidiary Legislation

 

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