STREET BEGGING AND HAWKING (PROHIBITION) LAW, 2016

LAWS OF KADUNA STATE

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STREET BEGGING AND HAWKING (PROHIBITION) LAW, 2016

ARRANGEMENT OF SECTION

Short Title
Commencement
Interpretation
Prohibition of Street Begging
Offence
Prohibition of Hawking
Offence
Aiding and Abetting
Courts
Mobile Court
Repeal

STREET BEGGING AND HAWKING (PROHIBITION) LAW, 2016

KADUNA STATE OF NIGERIA

LAW NO 8, 2016

A LAW TO PROHIBIT STREET BEGGING AND HAWKING IN KADUNA STATE 2016

Date of Commencement (1st May, 2016)

Enactment

BE IT ENACTED by the House of Assembly of Kaduna State as follows:

Short Title

This Law may be cited as the Street Begging and Hawking (Prohibition) Law, 2016.

Commencement

This Law shall come into operation on the 1st day of May, 2016.

Interpretation

In this Law, unless the context otherwise requires:

“Court” means Magistrate Court and includes such Mobile Courts as may be constituted by the Chief Judge of the State pursuant to this law;

“Governor” means the Governor of Kaduna State;

“Goods” includes wares, food, articles, livestock and things or items meant for sale to the public;

“Hawking” means the act of offering to the public goods for sale or rendering service on a public street, highway, resorts or any open space other than a lawfully constituted market, shop or authorised selling place;

“State” means Kaduna State of Nigeria;

“Street begging” means the act of soliciting for any financial assistance, gifts, alms or favour from members of the public along the public highways, streets or public places within the State; and

“Public Places” includes Markets, Parks, Roads, Resorts, Stadia, Schools and other public institutions.

Prohibition of Street Begging

Street begging is hereby prohibited in the State.

Offence

Sixty days from the commencement of this Law, any person found to be engaged in street begging in contravention of this Law commits an offence and shall be liable on conviction to a term not exceeding three months imprisonment or a fine not exceeding N10,000.00 (Ten Thousand Naira) or to both such fine and imprisonment.

Prohibition of Hawking

Hawking in public places is hereby prohibited.

Offence

Any person who engages in the act of hawking in contravention of this Law commits an offence and is liable on conviction to a term not exceeding six months imprisonment or to a fine not exceeding N20,000.00 (Twenty Thousand Naira) or to both such fine and imprisonment.

Arrest of Offenders

(1) Any Law Enforcement Agent may arrest without warrant any person found to be contravening any of the provisions of this Law.

(2) Upon arrest of person engaged in hawking, the arresting officers shall have powers to seize any goods or items constituting the subject matter of the offence.

(3) The Police shall, within a period of 24 hours or such period as may be practicable, considering the circumstances of the case, arraign the offender before the appropriate Court for trial.

Aiding and Abetting

Whoever procures, aids or abets the commission of any of the offences under this Law commits an offence and shall be liable on conviction to a term of one year imprisonment or a fine of fifty thousand (N50,OOO.OO) or both.

Courts

Any Court in the State shall try summarily all offenders arraigned before it, and impose such punishment, sanctions and make such Order(s) including the confiscation of any goods or items and such further Order(s) as to their disposal or otherwise for the use and benefit of rehabilitation centres, homes or other institutions established under the Rehabilitation Board Law, 2005.

Mobile Court

The Chief Judge of the State may however, constitute such Mobile Courts as may be necessary or expedient for the speedy trial of offenders found to be in contravention of this Law.

Repeal

The Kaduna State (Anti-Hawking) Edict 1985 is hereby repealed.

DATED AT KADUNA this 1st day of May 2016.

Malam Nasir Ahmad el-Rufa’i
Governor, Kaduna State.

EXPLANATORY NOTE

(This note does not form part of this Law and has no legal effect)

The purpose of this Law is to prohibit street begging and hawking and make provision for the punishment of offenders thereto.

This printed impression has been carefully compared with the Bill which has passed the Kaduna State House of Assembly and found to be true and correctly printed copy of the said Bill.

HON. AMINU ABDULLAHI SHAGALI UMMA ALIYU HIKIMA Esq.
(Speak) (Clerk to the Legislature)