CROSS RIVER – UNLICENSED GUIDES (PROHIBITION) LAW
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LAWS OF CROSS RIVER STATE
CHAPTER U1
UNLICENSED GUIDES (PROHIBITION) LAW
ARRANGEMENT OF SECTIONS
SECTION
- Guides to be licensed.
- Offences with regard to licences and armlets.
- Unlicensed person acting as guide.
- Nuisance offences by guides and others.
- Special provisions as to evidence in certain cases.
- Burden of proof.
- Offences by hackney carriage drivers.
- General penalties.
- Prosecution to be with consent of Commissioner of Police.
- Power to make regulations.
- Interpretation.
- Short title and application.
CHAPTER U1
UNLICENSED GUIDES (PROHIBITION) LAW
A Law to prohibit unlicensed persons acting as guides and for other matters connected therewith.
(1st December, 1941)
[Commencement.]
- Guides to be licensed
(1) Any person who, for a reward of any kind whatsoever, offers his services to any other person, for the purpose of directing or accompanying such other person to any public or private place, or for the purpose of giving information to any other person respecting any public or private place, shall first obtain a licence as a guide from the Divisional Police Officer.
(2) A licensed guide shall obtain a numbered armlet which shall be supplied to him by such Divisional Police Officer on payment of the prescribed fee.
(3) Such Divisional Police Officer may in his discretion refuse to grant a licence to an applicant and may likewise cancel a licence.
(4) Every licence shall, unless previously cancelled by such Divisional Police Officer in the interim, remain in force up to the last day of December following the date of the issue of the licence and the applicant shall pay the prescribed fee for such licence.
(5) Each licence shall contain the thumb-print impressions of the applicant together with his signature, if he is able to write, and his photograph, shall bear the stamp of the licensing authority placed in such a position that part of such stamp shall be on the photograph and part on the licence, and shall contain the scale of fees if any payable to the holder of such licence.
(6) Every person to whom a licence is granted shall when engaged on his occupation as a licensed guide wear his armlet, carry his licence with him, and produce his licence on being required so to do by any police, customs or administrative officer or any wayfarer.
(7) No person shall be in possession of or be the holder of more than one licence or prescribed armlet at any time.
(8) Where a licence has been refused to any person applying for the same in any place to which this Law applies the applicant may within twenty-one days of the date of refusal appeal to a committee of three persons appointed by the Commissioner for the purpose of hearing such appeals.
(9) The committee hearing an appeal against the refusal by a Divisional Police Officer to grant a licence shall decide whether the applicant is or is not a suitable person to whom a licence under this Law may be granted and the decision of any such committee shall be final.
- Offences with regard to licences and armlets
Any person who—
(a) lends or transfers to any other person a licence or prescribed armlet; or
(b) with a view to acting as a guide, borrows from, or is in possession of a licence or prescribed armlet belonging to, any other person; or
(c) forges or imitates, or defaces, mutilates, alters or in any way changes or obliterates any licence or prescribed armlet or any part of any licence or prescribed armlet; or
(d) fails to produce his licence or prescribed armlet when lawful demand is made therefor or produces a licence or prescribed armlet other than the licence or prescribed armlet, if any, issued to him; or
(e) is in possession of, or is the holder of, more than one licence or prescribed armlet, shall be guilty of an offence and on summary conviction be liable to a fine of five thousand naira or imprisonment for three months.
- Unlicensed person acting as guide
(1) Any unlicensed person who for or in the hope of obtaining a reward of any kind acts or offers to act as a guide shall be guilty of an offence.
(2) Where a prosecution is instituted against an unlicensed person for an offence against this section the court shall presume that he acted or offered to act as a guide for or in the hope of obtaining a reward and the onus of proving the contrary shall lie on the person charged.
- Nuisance offences by guides and others
Any licensed or unlicensed person who with a view to persuading any wayfarer to accept his services for the purpose of showing or taking such wayfarer to any public or private place whatsoever—
(a) persistently follows or accompanies, either alone or with one or more licensed or unlicensed persons, any such wayfarer; or
(b) watches, besets, wanders or loiters about any wharf, quay, jetty, landing place, railway station, taxi-stand, bus-stand or halt, licensed premises, hotel, cinema, shop, place of public entertainment, or any place where wayfarers are present or may be expected to be, or any approaches to any of the places mentioned in this paragraph; or
(c) accosts, calls out to or otherwise importunes any wayfarer; or
(d) makes any noise in order to attract the attention of any wayfarer; or
(e) by troublesome or frequent demands holds himself out as a guide; or
(f) acts in any way as to make himself objectionable, or a nuisance, to any wayfarer, or so as to cause annoyance, or inconvenience to any wayfarer, shall be guilty of an offence:
Provided that no licensed guide shall be liable to be prosecuted for an offence against the provisions of paragraph (b) hereof in connection with any particular place mentioned therein if the conditions of the licence issued to him authorise his attendance at any particular place set out in the said licence.
- Special provisions as to evidence in certain cases
Evidence that the wayfarer made a complaint about the conduct of the defendant may be given by the person to whom the complaint was made on the hearing of any charge laid under section 4 or subsection (1) of section 7 if the wayfarer is unable to give evidence and notwithstanding that the complaint was made in the absence of the defendant:
Provided that the court is satisfied that owing to the conduct of the defendant in leaving the vicinity where the complaint was made, the complaint could not have been made in the presence and hearing of the defendant:
Provided further that the fact of the making of the complaint and the substance thereof shall be established to the satisfaction of the court by the testimony of two or more witnesses one of whom may be the person to whom the complaint was made.
- Burden of proof
(1) In any charge laid under section 4, where the court is satisfied that the defendant did any of the acts set out in any of the paragraphs therein contained, the presumption shall be drawn that the defendant acted with the view to persuading the wayfarer to accept his services for one or more of the purposes therein set out, and the onus shall thereupon lie on the defendant to rebut that presumption.
(2) Where any charge relates to the provisions of paragraph (f) of section 4 and where it is established to the satisfaction of the court from the evidence of two or more witnesses that the defendant contravened any of the said provisions, the presumption shall be drawn that the defendant acted with the view to persuading the wayfarer to accept his services for one or more of the purposes aforesaid although the wayfarer did not give evidence at the hearing, and the onus shall thereupon lie on the defendant to rebut that presumption.
(3) Where any charge is laid under paragraph (b) of subsection (1) of section 7, and where it is established to the satisfaction of the court from the evidence of two or more witnesses that the defendant acted in contravention of any of the provisions of that paragraph, the charge shall be presumed to be proved although the wayfarer did not give evidence at the hearing, and the onus shall thereupon lie on the defendant to rebut that presumption.
- Offences by hackney carriage drivers
(1) No owner or driver of a hackney carriage vehicle plying for hire or any person acting on his behalf shall—
(a) speak, or call out to, any wayfarer, make any noise or sound any instrument in order to attract the attention of any tourist; or
(b) by troublesome and frequent demands or by persistently following, hold out any such vehicle for hire to any wayfarer in such a manner as to constitute a nuisance or act in any way so as to cause annoyance or inconvenience or make himself objectionable to any such wayfarer.
(2) At no time when the vehicle is standing or plying for hire shall any person other than the driver or passengers be carried on the vehicle.
(3) Any person contravening the provisions of this section shall be guilty of an offence.
- General penalties
(1) Except where otherwise provided, any person convicted of an offence against this Law shall on summary conviction be liable—
(a) for a first offence to a fine not exceeding one thousand naira or to imprisonment for a term not exceeding one month;
(b) for a second offence to a fine not exceeding two thousand naira or to imprisonment for a term not exceeding three months, and in addition thereto may be ordered, if a male, to be whipped;
(c) for a third or any subsequent offence to imprisonment for a term not exceeding six months, and in addition thereto may be ordered, if a male, to be whipped.
(2) The provisions of subsection (1) of section 382 of the Criminal Procedure Law shall not apply to any person who on conviction comes within paragraph (c) of subsection (1) of this section.
- Prosecution to be with consent of Commissioner of Police
A prosecution for an offence under this Law shall not be instituted without the consent of a Commissioner of Police:
Provided that this section shall not prevent the arrest, or the issue or the execution of a warrant for the arrest, of any person in respect of any offence, or the remanding in custody or on bail of any person charged with an offence under this Law notwithstanding that the consent of a Commissioner of Police to the institution of a prosecution for the offence has not been obtained.
- Power to make regulations
The Commissioner may make regulations in respect of the following matters—
(a) the registration, number, and classes of licences to be issued;
(b) the fees, if any, to be paid in respect of the different classes of licence;
∗ Under section 385 of the Criminal Procedure Law, no sentence of whipping may be passed on any male other than a juvenile offender.
(c) the class or classes of persons to whom licences may be issued;
(d) the form of such licences;
(e) the conditions attaching to such licences;
(f) the replacement of lost licences or armlets;
(g) the fees payable by tourists to licence holders or different classes of licence holders;
(h) the design of the armlets to be worn;
(i) generally for any matter not herein provided for in connection with the issue of licences and armlets and for the better carrying out of the provisions of this Law.
- Interpretation
In this Law—
“hackney carriage” means any motor vehicle designed or constructed to carry not more than seven persons or used or intended to be used for carrying passengers for hire or reward under contract expressed or implied for the use of the vehicle as a whole at or for a fixed or agreed rate or sum;
“licensed guide” means a person licensed as a guide under this Law;
“Divisional Police Officer” in respect of any place to which this Law applies means the officers in charge of the police in any such place.
- Short title and application
This Law may be cited as the Unlicensed Guides (Prohibition) Law and shall apply to such places as the Governor may by order direct.
CHAPTER U1
UNLICENSED GUIDES (PROHIBITION) LAW
SUBSIDIARY LEGISLATION
List of Subsidiary Legislation
- Guides (Licensing) Regulations.
CAP. U1
Unlicensed Guides (Prohibition) Law
[Issue 1] U1 – 6
GUIDES (LICENSING) REGULATIONS
(1941)
[Commencement.]
- These regulations may be cited as the Guides (Licensing) Regulations.
- Any person who desires to obtain a licence to act as a guide shall apply in person at the office of the Divisional Police Officer.
- Application shall be made within three weeks of the coming into operation of these regulations, and thereafter between the 1st and the 15th December, in the year immediately preceding that in respect of which the licence is desired:
Provided that the Divisional Police Officer may, by notice in the State Gazette, declare that he is prepared to consider applications at any time stated in such notice if he considers that additional guides are necessary in the interest of wayfarers and the existing number of guides is less than the maximum number permitted under these regulations.
- Every applicant shall at the time of application furnish the Divisional Police Officer, to his satisfaction, with two unmounted copies of a recent photograph of the head and shoulder of the applicant not larger than 5.5 cm by 5.5 cm nor less than 5 cm by 5 cm. If the licence is granted one copy shall be affixed to the licence and the other shall be filed with the register of licences referred to in regulation 13.
- A licence shall not be granted to any person unless—
(a) he has attained the age of eighteen years;
(b) he possesses a degree of fluency in the English language to the satisfaction of the Divisional Police Officer;
(c) he is able to pass a test to the satisfaction of the Divisional Police Officer as to his local knowledge of the district in which he is applying for a licence;
(d) he satisfies the Divisional Police Officer that he is a person of good character.
- Every licence shall be in the Form A in the Schedule hereto and shall authorise the holder to seek employment in the area or areas specified therein.
[Form A.]
- (1) If the Divisional Police Officer decides to grant a licence he shall so inform the applicant who shall thereupon be entitled to receive a licence subject to his paying the prescribed fee and complying with regulation 7 (2).
(2) The applicant shall affix his fingerprints to the licence, and shall sign his name thereon if he is able to write.
(3) The licence shall then be completed and the area or areas within which the applicant may seek employment shall be specified therein.
(4) The licence and a prescribed armlet shall be delivered to the applicant on the day from which the licence is to commence on his applying for the same at the office of the Divisional Police Officer.
- The prescribed armlet shall consist of a canvas band to which shall be affixed an oblong brass, or other metal badge on which shall be engraved the number of the licence and the words “Licensed Guide”.
- An applicant shall pay a fee of one thousand naira for the licence. This fee shall be payable at the time of application but shall be refunded in the event of the licence being refused.
- Licences shall be renewable and applications for renewal for the succeeding year shall be made in person at the office of the Divisional Police Officer between the 15th and the 30th of November in the current year of the licence.
- If the Divisional Police Officer decides to renew the licence he shall endorse the renewal thereon.
- A fee of five hundred naira shall be paid by the licence holder before the renewal is endorsed on the licence.
- A register in the Form B in the Schedule hereto shall be kept at the office of the Divisional Police Officer in which shall be recorded the particulars of all licences issued.
[Form B.]
- (1) The total number of licences at any one time shall not exceed twenty in any place.
(2) The Divisional Police Officer may refuse to consider any further applications for any year after he has approved the maximum number of licences for that year.
- (1) The following conditions shall be observed by every licence holder—
(a) he shall seek employment only within the area or areas specified in the licence;
(b) he shall not act or hold himself out as the representative of the keeper of any hotel, restaurant, licensed premises or other place of public entertainment;
(c) he shall not conduct a wayfarer who is under the influence of drink to any premises licensed for the sale of intoxicating liquor.
(2) Any licensed guide who fails to comply with the above conditions shall be guilty of an offence.
- (1) On the expiration, non-renewal or revocation of a licence the holder shall deliver up the licence and armlet to the Divisional Police Officer who shall thereupon destroy the fingerprints affixed to such licence.
(2) Any person who fails to deliver up such a licence or armlet within fourteen days shall be guilty of an offence and, in addition to the penalty prescribed in regulation 20, the court shall order such person to deliver up the licence or armlet within a specified time.
- (1) Any licence holder who loses his licence or armlet shall report the loss to the Divisional Police Officer within seven days.
(2) Any licence holder who fails so to report the loss of his licence or armlet shall be guilty of an offence.
- A licence holder who satisfies the Divisional Police Officer that he has lost his licence or armlet and reported the loss of such licence or armlet within seven days shall be entitled to receive a duplicate licence or armlet on payment of a fee of two hundred naira:
Provided that the Divisional Police Officer shall not issue a duplicate licence unless the holder supplies a photograph, affixes his fingerprints to the duplicate licence and signs his name thereon if he is able to write, in accordance with the procedure prescribed for the grant of new licences.
- (1) The following charges shall be paid by wayfarers—
For the first quarter of an hour or part thereof – ₦500
For the next quarter of an hour or part thereof – ₦500
For each subsequent half hour or part thereof – ₦500
(2) Any wayfarer who refuses to pay the above charges and any licensed guide who demands more than the above charges shall be guilty of an offence.
- Any person who is convicted of an offence against these regulations shall be liable to a fine of five thousand naira or to imprisonment for one month.
SCHEDULE
[Regulation 6.]
FORM A
Licence to Act as a Guide
| Page 1. No. …………………..
Guides (Licensing) Regulations
|
Page 2. No. …………………….
Signature of Licensed Guide Left Thumb Right Thumb
Impression Impression |
| Page 3.
Guides (Licensing) Regulations The Bearer ………………………………… residing at …………………………….. is hereby licensed as a guide under the provisions of the above Regulations. This licence is issued subject to the conditions set out therein. Issued at ………………………………….. this ……… day of ………… 20 ………… Expiring the 31st December, 20 ………. —————————————- Superintendent of Police |
Page 4
Conditions to be observed The Bearer of this licence shall comply with the following conditions:
|
| Page 5.
Area or areas within which the holder may seek employment— Fees Payable (a) For the first quarter of an hour or part thereof ……………… ₦500 (b) For the next quarter of an hour or part thereof ……………… ₦500 (c) For each subsequent half hour or part thereof ……………… ₦500 |
Page 6.
Renewals |
FORM B
[Regulation 13.]
Register of Guides’ Licences
| No. of Licence | No. of Armlet | Date of Issue | To whom issued | Address | Remark |
