Supplementto Official Gazette No. 104, Vol. 52, 30th December, 1965—Part B

L.N.139 of 1965%

CONSTITUTION OF THE FEDERATION

(1963 No.20) :

Adaptation of Laws (Miscellaneous Provisions) Order 1965

Commencement : 1st October 1963 .

In exercise ofthe powers conferred on him by section 156ofthe Constitutionof the Federation and of all other powers enabling him in that behalf thePresident hereby makes the following Order—

1.—(1) The enactments specified in Schedules 1 and 2 of this Order arehereby modified in the mannertherein specified.

(2) The Adaptation of Laws (Miscellaneous Provisions) Order 1964is hereby amended in the mannerspecified in Schedule 3 of this Order.

2.—(1) This Order may becited as the Adaptation of Laws (MiscellaneousProvisions) Order 1965.

(2) This Order—

(a) so far as it relates to the enactments specified in Schedule 1 hereofand the entries mentioned in Part A of Schedule 3 hereof, shall applythroughout the Federation;

(b) so far as it relates the enactments specified in Schedule 2 hereofand the entry mentioned in Part B of Schedule 3 hereof, shall apply tothe Federal territory.

(3) The modification effected by this order shall not—

(a) render invalid any notification, order, rule, regulation or bye-lawwhich was duly given, or made or anything which was duly done beforethe date of this order and any such notification, order, rule, regulationor bye-law so given, or made or thing so done under or in pursuance ofan enactment which is modified by this order shall be deemed to havebeen given made or done in accordance with that enactment as so modifiedandshall have effect accordingly;

(b) affect the previous operation of any enactment or anything dulydone or suffered under any enactment or affect any right, privilegeobligation or liability accrued or incurred under any enactment or affectany penalty, forfeiture or punishment incurred in respect of any offencecommitted under any enactment. '

Mabzat Lagosthis 21st day of December, 1965.

M.E. P. UpgsrowaActing Deputy Secretary to the

Council of Ministers

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Modificationof existinglaw.L.N. 112of 1964.

Citation,extent andsavings.

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SCHEDULE1

(Acts applicable throughout the Federation)

CIVIL AVIATION (FIRE AND SECURITY MEASURES)

ACT 1958 (No. 31 oF 1958)

Section 5

Delete the word ‘“‘Governor-General” and substitute the words ‘‘PublicService Commission of the Federation”

Sections 6 (1), (2) and (3) (b) ; 7; and 8 (1)

Delete the word ‘‘Governor-General’’ where it occurs and substitute theword “Minister”

Section 8 (1)

Delete the words ‘‘with the” where they first occur and substitute the words“with the Police”

Section 20

Delete this section and substitute the following new section—

“Regula- 20, The Minister may make regulations, not inconsistent withtions. any other enactment relating to civil aviation, generally for fire

control and security at aerodromes.”

Sections 21 (1) and 22 (1)

Delete the word ‘Governor-General’ where it occurs and substitute theword “Minister”

_ FINANCE (CONTROL AND MANAGEMENT) ACT 1958(No. 33 oF 1958)

Section 2 (1)

In the definition of—

(a) “Consolidated Revenue Fund” delete the words “154a of theConstitution Order’ and substitute “129 of the Constitution of the

Federation”,

(b) “Constitution Order” delete the expression and the definition,

(c) “statutory expenditure” delete all words from the commencementup to the word “means” and substitute the words “with reference tosubsection (2) hereof”

Section 2 (3)

(a) delete the words “Governor-General” and substitute the word“President”

(6) Delete the words “if he shall thinkfit”

Section 3

Delete the word “‘Order’’ and substitute “of the Federation”

Section 5

Delete the words “provisions of the Constitution Order and in particularsection 154a thereof” and substitute the words “financial provisions of theConstitution of the Federation”’

Section 6 (3)

Delete the word “Governor-General” and substitute the word “President”

Section 13

Delete the word “Order” and substitute “of the Federation”

Section 23 (1) and (4)

Delete the word “Governor-General” and substitute the word “Minister”

SchedulesPart Ili of Schedule 1 .

(a) in item 2 delete the words “‘and of the Southern Cameroons”,(b) delete item 4

Schedule 2 .

Paragraph2 (4)delete the words ‘“‘Her Majesty’s Government”and substitutethe words “the Governmentof the United Kingdom”.

Paragraph 7 (1) delete the words “Governor-General in Council” andsubstitute the word “‘President”

EXPORT OF NIGERIAN PRODUCE ACT 1958(No. 36 oF 1958)

Section 2in the definitions of “Regional Marketing Board” and of “Regional

Marketing Law”’ delete the words “the Southern Marketing Board” and ‘“‘theSouthern Cameroons Marketing Board Law, 1954” respectively.

INCOME TAX ADMINISTRATION ACT 1958(No. 39 oF 1958)

Section 3

Delete this section .

Section 10 .

Delete the word ‘‘Governor-General” and substitute the word “President”

FEDERAL PUBLIC SERVICE COMMISSION ACT 1958(No. 48 oF 1958)

Section 6in paragraph (b) delete the word “Governor-General” and substitute the

word “President”

CUSTOMS AND EXCISE MANAGEMENT ACT 1958(No. 55 oF 1958)

Section 3 (2) and (7)Delete the word “Governor-General” and substitute the words “Public

Service Commission of the Federation”

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Section 3 (5) and (6) oes _

Delete the words “a native of Nigeria’’ and “‘natives of Nigeria” wherethey occur and substitute the words ‘‘Nigerian”’ and “Nigerians” respectively

Section 3 (8) (b) ; -

Delete the word “Governor-General” and substitute the word ‘“‘Minister”

Section 7 (1) and (3)Delete the words ‘‘Department of Customs and Excise” and substitute the

words “Ministry of Finance”

Section 14 (1)

(a) insert immediately following the word “designated” the words ‘“‘byOrder made bythe Minister’,

(5) delete all words after ‘‘customs”’ where it secondly occurs up to theend of the subsection, and as a consequence, *

(c) in its application to Nigeria, the provisions of Article 60 of the ColonialAir Navigation Order 1955 referred to in this subsection (and published inVol. XI of the Laws of the Federation of Nigeria and Lagos 1958 at p. 490) shallcease to have effect

~ Section 14 (6)fa) Delete the words ‘‘Her Majesty” and substitute the words “the

Government of the Federation’’, and

(6) Delete the words “Her Majesty’s naval, military or air forces,” andsubstitute the words “the armed forces of Nigeria.’, and as a consequence,

(c) the definition of ‘military aircraft” in this subsection shall have effectas if the reference to “Her Majesty” in Article 77 (1) of the Order therecited werea reference to “the Federation of Nigeria” and that Order shall beconstrued accordingly

Sections 16 (1) ; 24 (4); 34(1); 53 (1); 56; and 69 (1)Delete the word “Governor-General”and substitute the. word ‘‘Minister’

Section 72 (2)Delete the word ‘“‘Governor-General” and substitute the word “President”

Sections 96 (1) ; 102 (1) ; 106 (1) ; and section 107C (as inserted by section 3of the Customs and Excise Management (Amendment) Act 1960)Delete the word ‘‘Governor-General” and substitute the word ‘‘Minister”

Section 119 (2) (b)Delete the word “‘Governor-General” and substitute the word ‘“‘President”

Sections 122 (1) ; and 138Delete the word “Governor-General” and substitute the word “Minister”

Section 157 (4)Delete the word “Nigeria” and substitute the words “the Federation”

Section 165 (2)Delete the word “British” and substitute the words “Nigerian, or other

person on behalf of Nigeria, acting as”

Section 170 (1)Delete the word$ “the Governor-General” and substitute the words ‘* as

the case maybe, the President or the Minister,”Section 170 (2) ;

Insert immediately after the word ‘‘Governor-General” whereit secondlyoccurs the words “, Public Service Commission of the Federation, theMinister,”

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Section 171 (1)Delete the word ‘“‘Governor-General” and substitute the word “‘President”’

Section 171 (3)Delete the word ‘Governor-General’ and substitute the words “Public

Service Commission of the Federation”

Schedule 1

Paragraphs 1 and 3

Delete the word “Governor-General” and substitute the words “Public‘Service Commission of the Federation”

Paragraph 2

Delete the word “‘Governor-General” and substitute the word ‘‘Minister”’

MINISTRY OF FINANCE INCORPORATED ACT 1959

(No. 7 or 1959)

Section 5

Delete the word ‘“‘Governor-General” and substitute the word ‘‘President”’

PETROLEUM PROFITS TAX ACT 1959

(No. 15 oF 1959)

Section 5 (5)Delete the words ‘‘Director of Federal Audit” where the words twice occur

and substitute the words “Director of Audit of the Federation’”’

Section 9 (2) (a) ,In the proviso delete the words “Governor-General in Council” and

substitute the words “Council of Ministers” |Section 35 (13) (a), and (14) -

Delete the word ‘‘Federal”’

Sections 52 (1) and (5) ; and 54Delete the word ‘‘Governor-General’”’ where it occurs and substiute the

word ‘‘Minister”

NURSES ACT 1959

(No. 20 oF 1959)

Section 2 (1)Insert in alphabetical sequencethe following definition—

‘“Minister” means the Minister of the Government of the Federationcharged with responsibility for health ;’

Section 3 (5)Delete the word “Governor-General” and substitute the words “Public

Service Commission of the Federation”Sections 13 (1) ; and 15

Delete the word “Governor-General” and substitute the word ‘‘Minister”

Section 14Delete the words ‘Nigeria (Constitution) Order in Council, 1954” and

substitute the words “‘Constitution of the Federation”

Schedule 1In paragraph 2

(a) in the subparagraph beginning with the words. “the Principal orRegional Matron”delete the words “and the Southern Cameroons”:

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(4) in the subparagraph beginning with the words “‘one representativenominated” delete where they occurthe words “Federal”and “‘of Health”;

(c) in the subparagraph beginning with the words “‘two representativesnominated’’ delete wherethey occur the words ‘‘Federal’’ and ‘‘of Health”;

(d) in the subparagraph beginning with the words “‘five registerednurses” delete the words “‘one from the Southern Cameroons”;

(e) in the subparagraph beginning with the words “‘five sister tutors”’delete the words ‘‘one from the Southern Cameroons’”’

PRODUCE (ENFORCEMENT OF EXPORT STANDARDS)

ACT 1959

(No. 21 oF 1959)

Section 2 (2)

(a) Delete the word ‘‘Governor-General” ana substitute the word ‘“‘Minis-ter’ ; and

(5) Delete the words “‘the Western Region’’ where they thrice occur andsubstitute the words ‘‘Western Nigeria”

Section 4 (2)

Delete this subsection and substitute—

“(2) The board shall consist of a chairman appointed by the Minister, andsuch other membersalso appointedas follows by the Minister,that is to say—

' (@) two persons from each Region of Nigeria with the consent of theGovernor of the Region concerned, and such members shall in respect ofeach Regionconsistofone officer in the public service thereof with technicalexperienceof produceinspection and oneperson (notbeing a public officer)appearing to the Minister to have special knowledgeof or interest in pro-duce liable to inspection;

(6) one member, not a public officer, appointed from the Federalterritory, who appears to the Minister to have special knowledge of orinterest in produceliable to inspection ; and

(c) one member who,as an officer of the public service of the Federation,is nominated by nameor byoffice by the Public Service Commission oftheFederation.”

Section 7 (1) (c)Delete the word “Region” and substitute the word ““N igeria”’

Section 9 (3)

Delete the words “Western Region” and substitute the words “Federalterritory”Section 22

Insert after subsection (2) the following new subsection—(3) Thissection shall haveeffect subject to the provisionsofsection 104

of the Constitution of the Federation.”Schedule 2

(2) in paragraph 1 (4)Delete all words after the word “emolument”up to the endof the sub-

paragraphandsubstitute the words “underthe State for any of the purposesof the Constitution of the Federation”(5) in paragraph 2 (6)

Delete the word “four” and substitute the word “five”

B 615AGRICULTURE (CONTROL OF IMPORTATION) ACT 1959

(No. 28 or 1959)Section 5

In subsection (1) delete the words “House of Representatives” and substitutethe words “both Houses of Parliament” ,

In subsection (2) delete the words “The House of Representatives” andsubstitute the words “Either House’Section 9 (3) 0

Delete the word “Nigeria” and substitute the words “the Federation”

PORTS (AMENDMENTNo. 2) ACT 1959(No. 34 oF 1959)

Section 3

In subsection (8) of section 8 of the Ports Act (as added by this section)—(a) Delete the words “Governor-General in Council” and substitute the

word “‘Minister”, and ‘(5) Delete all words of the proviso after the word “Governor” whereit

first occurs and substitute “of a Region, shall be removed from office underthis subsection except with the consent of the Governor of the Regionconcerned,”

SCIENTIFIC AND INDUSTRIAL RESEARCH ACT 1959

(No. 35 oF 1959)Section 2

Insert a new definition in alphabetical sequence as follows—“Public Service Commission” means the Public Service Commission of

the Federation.’

Section 3 (1)Delete the word “Governor-General” and substitute the word ‘‘President”’

Section 3 (2) iDelete the words “the House of Representatives” where they twice occur

and substitute respectivelytherefor the words “both Houses of Parliament”and the words “either House”Section 9 (1)

Delete the word “Governor-General” where it twice occurs and substituterespectively. therefor the word “Minister” and the words “Council ofMinisters”

Section 12 (1)

Delete the words “‘by the Governor-General”

Sections 12 (2) ; and 13 (1), (2) and (3)

Delete the word ‘‘Governor-General” where it occurs and substitute thewords “‘Public Service Commission’’.

Section 14

(a) Delete in subsection (1) the word “Governor-General” and substitutethe words “Minister of the Government of the Federation charged withresponsibility for pensions”,

(5) delete the figures “1951” where they occurin the section,(c) delete the words “(as adapted by the Adaptation of Laws Order, 1954)”

‘

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Sections 15 (1) ; and 16

Delete the word ‘‘Governor-General” and substitute the word ‘‘Minister”

Section 23

(a) Delete the word “Governor-General” where it occurs in subsections(1), (2) and (3) and substitute the word “President”,

(5) Delete subsection (2) (b) (7) and the word “or” thereafter _

Section 24

Delete the word ‘“‘Governor-General” and substitute the word ‘‘Minister’’

Section 25

Delete the word ‘“‘Governor-General’’ where it twice occurs and substitute

the word ‘“‘President”’ .

Section 26

Delete all wordsafter ‘‘under the” up to the end of the section and substitutethe word “‘State”

LOAN ACT 1960(No. 7 oF 1960)

Section 4 (b)

Delete the words ‘‘or of the Southern Cameroons’’ where they occur

FEDERAL SUPREME COURT ACT 1960

(No. 12 oF 1960)In thetitle

Delete the words ‘“‘Federal Supreme Court” and substitute the words“Supreme Court of Nigeria”

Section 1 (1)

Delete all words after “cited as the” and substitute the words “SupremeCourt Act 1960 and shall apply throughout the Federation.”

Section 2 (1)

In the definition of—

(a) ‘‘the Constitution Order’, delete the words to be defined and thedefinition itself and substitute—

““the Constitution” means the Constitution of the Federation andincludes any former Constitution for Nigeria however prescribed orestablished;’

(B) ‘judge’—_ Delete all words after ‘‘Chief Justice” up to the end of the definitionand substitute the words ‘‘Nigeria, and includes any Justice or actingJustice of the Supreme Court ;”(c) “rules of Court”—

Delete all words after “Constitution” up to the endofthe definition;(d) “Supreme Court”—

Delete all words after ‘‘means” up to the end of the definition andsubstitute the words‘‘the Supreme Court of Nigeria”

Section 2 (2)

Delete the words ‘‘and the Southern Cameroonsshall each” and substitutethe word “‘shail”’

Section 3 (as replaced by the Adaptation of Laws (Federal Provisions) Order

1960)(a) Delete the word ‘‘Federal” where it occurs in the section,

(b) Delete in subsection (2) the words “the Federation” and substitute the

word “Nigeria”

Section 4 (1) (as affected by the above Order of 1960)

Delete the words “Federal Justices”? and substitute the word “Judges”

Section 4 (2)

Delete the words “Governor-General acting in his discretion” and substitute

the words “‘Minister of the Federation charged with responsibility for courts”

Section 5 (1) aDelete the word “Governor-General” and substitute, the word “Public

Service Commissionofthe Federation’.

Section 5 (2) .

Delete the word “Governor” and substitute the word ‘Public Service

Commission”

Section 5 (3) *Delete the words “the Federation” and substitute the word ‘“‘Nigeria’’

Section 6Delete all wordsafter “the Chief Justice of” up to the endof the section and

substitute “Nigeria, withthe inscription “The Supreme Court of Nigeria’ ”

Section 12 .

Delete the words ‘‘the Court” where they occur in the subsections and

substitute the words“the Supreme Court” ,

Section 13

Delete the words “the Court” where they twice occur and substitute the

words “the SupremeCourt”

Section 15 (2)In the definition of‘decision’ delete all words after “‘section” and substitute

the words‘‘117 (7) of the Constitution of the Federation”

Section 16

(a) Delete all words after “original jurisdiction” where they first occur upto the words “‘the following provisions” and substitute the words “however

conferred upon the Supreme Court”,

(b) In paragraphs (a) and (d) delete the words “Her Majesty’s” and

- substitute the word “‘the’, and ‘

(c) in paragraph (d) delete the word “Order” *

Section 19 (1)

Delete all words after “‘cause or matter”’ up to the end of the subsection and

substitute—“touching or concerning—

(a) any dispute between the Federation and a Region or between Regions

if and in so far-as that dispute involves any question (whetherof law or fact)

on which the existence or extentofa legal right depends;

(b) any matter in which a writ or order of mandamus. or prohibition or an

injunction is sought against an officer or authority of the Federation as such ;

(c) any matter arising under anytreaty ; or

(d) any matter affecting consular officers or other representatives of

countries or of international or similar organizations outside Nigeria.”

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Section 20

Delete all words after “section” up to the words “and brought by” andsubstitute the words ‘'19 of this Act’

Section 27 (4) (a)

Delete the words “the Court’? where they twice occur and substitute thewords “‘that Court”

Section 33

In paragraphs(4) and(d) delete the words “the Court” wherever they occurand substitute the words ‘that Court”’

Section 34 (3).

In the proviso delete the word ‘the Court” and substitute the words “theSupreme Court”

Section 35 (2)(a) delete the word “Federal”,(5) delete the words ‘‘the Court” and substitute the words “that Court”

Section 36(a) delete the words“the Court” and substitute the words “that Court”,(5) delete the word “Crown”andsubstitute the word “State”

_ Section 37

Delete all words after “Constitution” where it first occurs up to “maycause” and substitute the words “‘is referredtoit,”

PENAL CODE (NORTHERN REGION) FEDERALPROVISIONS ACT 1960

(No. 25 oF 1960)SCHEDULE \

Section 410 (1) :Delete all words after ‘‘against the” up to|the words “is said to” and

substitute the words ‘‘State in orderto intimidate or overawe the President”Section 412 (1) :

Delete paragraphs (a) (b) and (c) and substitute new paragraphs there-for as follows—

“(a) to remove otherwise than by constitutional means during his termof office—

(2) the President of the Federal Republic,or(21) the Governorofanyterritory of the Federal Republic ;

‘“(b) to levy war against Nigeria or any part of the Federation in orderby force or constraint to compel the President or the Governorof a Regionas the case maybe, to change his measures or counsels, or in order to putany force or constraint upon orto intimidate or overawe either House ofParliamentor, as the case maybe,either Legislative House of a Region ; or

““(c) to instigate any’ person not a national of Nigeria to make an armedinvasion of Nigeria or any part thereof,”

Section 413

Delete in paragraph (a) all words after “serving in” up to the end of theparagraph andsubstitute the words “‘the armed forces or the police force fromhis duty of allegiance to the State :”

Section 414 (1) ¥

Delete in paragraph (a) the words ‘‘Her Majesty’s forces or the militaryforces” and substitute the words “‘th¢ armed forces”

$ -

1

Section 415 ,Delete the words “Her Majesty” and substitute the words “‘the State”

Section 416

(a) delete all words after “the person of” where it first occurs up to thewords ‘“‘of Nigeria” and substitute the words “‘the President or the Governorof a Region, or against the Governmentor the Constitution” ; and

(b) in explanations 2 and 3 delete the words ‘“‘or the Government of theUnited Kingdom or any” where they occur and substitute the words ‘“‘of the

Federation or any Regional”

Section 422Delete the word “Governor-General” and substitute the word ‘‘President’’

Section 453In the definition of ‘mail’ delete the words “Her Majesty” and substitute

the words ‘“‘the State”

Section 459

In explanation 2 delete the word “Governor-General” and substitute the

words ‘Federal Minister charged with responsibility for posts and telecom-munications” ;

Section 476

Delete the word “native” where it twice occurs and substitute the wordce eye ”

.

citizen ‘

2g

NIGERIAN ARMY ACT 1960

(formerly known as the Royal Nigerian Army Act 1960)

(No. 26 oF 1960)In thetitle

Delete the word ‘“‘Royal”

Section 1(1)

Delete all words after ‘‘cited as the” upto the figures “1960” and substitute“Nigerian Army Act”.

Section 2

(a) in subsection (1) and in the definition of-~

(i) “Boards of Inquiry Rules” delete the words “by the Governor-

General’,

(ii) “the Commander”delete the word “Governor-General” and substi-

tute the word “President”,

(iii) “corresponding rank’? delete all words after “rating in’? where they

first occur up to the end of the definition and: substitute the words “‘the

other armed forces of Nigeria or any allied force means such rank in

those forces as may be declared under this Act to correspond with a rank

underthis Act ;”,

(iv) “enemy” delete the words “any of Her Majesty’s forces’ and

substitute the word ‘Nigeria’,

(v) “the Forces Council” delete. the words “Royal Nigerian Military

Forces’,

(vi) “Her Majesty’s Forces” delete the expression and the words of the

definition,

(vii) “Imprisonment Rules” delete the words “by the Governor-General’, °

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(vii?) “public” delete the words “or to the Government of the UnitedKingdom”,

(zx) ‘Rules of Procedure” delete the words “by the Governor-General”(x) “service” delete all words of the definition and substitute the words,

“means the Nigerian army or, as the case may fequire, belonging to orconnected with any other of the armed forces”, +

(a1) “service law” delete all words after “means this” and substitute“Act and anyAct relating to the navy orair force of Nigeria, and includesas occasion may require, the military, naval or airforce law of any alliedforce”, 7

(5) in subsection (3) delete all words from the commencement up to thewords “‘shall consult” and substitute the words “The President as Com-mander-in-Chief” ;

Section 3 ; ;Delete the word “‘Governor-General” where it occurs in subsections (2),

(3) and (4) and substitute the word “President”Section 4

(2) Delete in subsection (1) all words after “part of the” up to the end ofthe subsection and substitute the words “Nigerian Army as the Presidentthinks fit’’,

(5) Delete in subsections (2) and (3) the word “Governor-General” andsubstitute the word ‘‘President”

Section 5 (1)Delete the words “Royal Nigerian Military Forces” and substitute the

words “Nigerian Army”In Part I (at the commencement) _ 7

Delete in that heading the words “Roya! Nigerian Military Forces” andsubstitute the words “Nigerian Army”Section 6 (1) .

Delete the words ‘‘Royal Nigerian Military Forces” and subststute thewords “‘to be known as the Nigerian Army Council (hereafter in this Actreferred to as the Forces Council)”Sections 11 (2) ; 13 ; 14 (2) ; and 28 .

Delete the word “Governor-General” where it occurs and substitute theword “President”

Sections 30 (1) (b) and (2) (b) ; 31 (3) (a) ; and 33 (a) ;Delete the words “Her Majesty’s” where they occur and substitute the

words ‘any of the armed”

Section 31 (3) (d)Delete the words “Her Majesty” and substitute the words “the Govern-

ment of the Federation”Sections 34 (2) 7 «

Delete the words “Her Maijesty’s service” and substitute the words “thearmed forces of Nigeria”Sections 35 (3) ; and 37 (3) (a) and (c) ;

Delete the words ‘Her Majesty’s” where they occur and substitute thewords ‘‘any of the armed”

Section 43 (2) (a) ;Delete the words “Her Majesty’s service” where they twice occur and

substitute ‘the armed forces”

Leenered

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~ Section 43 (2) (b)Delete the words “Her Majesty’s” and substitute the words “the armed”.

Section 48 (2)

Delete the words “Her Majesty’s” and substitute the word “the”Section 54

. ™,

(a) Delete the words “one of Her Majesty’s” and substitute the words“a service’, and

(6) Delete the word “Governor-General” and substitute the word‘*President”’

Section 55

Delete the words “one of Her Majesty’s” and substitute the words ‘“‘aservice”

Section 63 (2)

(2) Delete in paragraph (a) the words “Her Majesty’s” where they firstoccur and substitute the words “the armed”, and

(5) Delete in paragraph (a) the words “of Her Majesty’s ships or aircraftor of the ships oraircraft” and substitute the words “ships or aircraft of thearmed forces or’’ ; and

(c) Delete in paragraph (d) the words “Her Majesty” and substitute theword “Nigeria”

Section 73 (2) 4Delete in paragraph,(d) the words “Her Majesty’s” and substitute the

word “the? .

Sections 74 (2) (c) and (d), and (5) ; and 80 (3) (b)(ii) and (c) (i)Delete the words “Her Majesty’s” where they occur and substitute the

word “the” .

Section 83 (2)Delete the word ‘‘Governor-General” and substitute the word “President”

Section 86 (Z) _

Delete the words “Her Majesty’s “‘and substitute the words “the armed”Sections 97 and 106 (3)

Delete the word ‘‘Federal”’

Sections 105 and in the marginal note ; 107 (1) ; 109 (1), (2) and (3);and 113 :

Delete the word ‘‘Governor-General”’? where it occurs and substitute theword “President”

Sections 122 (9) ; 129 ; 130 ; 131 ; and 132

Delete the word “Federal” where it occurs in the sections

' Section 128 (2)Delete the word “Governor-General” and substitute the word “President”

Section 133

Delete all words of the section and substitute thefollowing—

“The determination by the Supreme Court of any appeal or other “matter which it has power to determine under the provisions of this Partof this Act, shall be final.”

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Sections 134 ; 135 ; and 138

Delete the word ‘‘Federal” where it occurs

Section 138

Delete paragraphs (c) and (d)

Sections 140 ; 141 ; 142 ; and 143

Delete the word ‘‘Federal’” where it occurs

Section 143 (1)

Delete the words “‘the Federation” and substitute the word “Nigeria”

Sections 144 ; 145 ; and 146 :

Delete the word “Federal” whereit occurs }

Section 147

Delete the words ‘Federal Supreme Court (Appeals) Act” and substitutethe words ‘Supreme Court Act 1960”

Sections 144 ; and 148

Delete the word “Governor-General” and substitute the word ‘‘President”’

Section 150 (2) (b)

Delete the words “Her Majesty’s and substitute the word “the”

Section 154 :

Delete the word ‘Governor-General’ and substitute the words ‘ForcesCouncil”

Sections 155 ; 156 ; 157 ; 159 (1) ; and 161 (2)

Delete the word ‘‘Governor-General” where it occurs and substitute theword “President”

Sections 158 ; and 175(2)

Delete the words “‘Her Majesty’s” and substitute the words “the armed”

Section 174 (1) (b)Delete the word “Governor-General” and substitute the word “President”

Section 176

(a) Delete in subsection (1) (a) all wordsafter ‘‘authorized by the’ up to theend of the paragraph and substitute the words ‘‘President or the Forces

_ Council”, and

(d) Delete iin subsection (2) the words ‘Her Majesty’s” and substitute thewords “‘the armed”’

Section 177

(a) Delete in subsection (+) (a) the words ‘Her Majesty’s” and substitutethe words “the armed”,

(b) Delete in subsection (5) the word ‘‘Governor-General” and substitutethe word ‘‘President” and,

(c) Delete in subsection (7) (6) the words “Governor-General, ForcesCouncil or by the Government of the United Kingdom”and substitute thewords ‘‘President or the Forces Council,”

Section 182 (1) .

Delete the words “Her Majesty’s” and substitute the words “the armed”Sections 186 (1) ; 187 (1) and (2) ; 191 ; 200 (2) ; and 203

Delete the word “Governor-General”? where it occurs and substitute theword “President”

Section 204 (2)

Delete the words ‘Her Majesty’s Forces” and substitute the words “thearmed forces of the United Kingdom”

Section 206 (2)

Delete the word “Governor-General” and substitute the words ‘Federal

Minister of Defence”

Section 207 (1)

Delete the words “Royal Nigerian Military Forces” and substitute the words“Nigerian Army”

!

FOREIGN JUDGMENTS (RECIPROCAL ENFORCEMENT)

ACT 1960

s (No. 31 oF 1960)

Section 2 (1) a: .(a) in the definition of— }

(z) “judgments given in‘the superior courts in Nigeria” delete the words

‘Federal Supreme Court andincludes” and substitute the words “SupremeCourt and includes as the case may require,”

(it) cone court in Nigeria” delete the words “or of the SouthernCameroons”

(b) Insert in alphabetical sequence the following definition—‘“Nlinister of Justice” means the Minister of the Federation charged

with responsibility for justice; ’

Section 3 (1) and (4)

Delete the word ‘‘Governor-General” where it occurs ahd substitute thewords ‘‘Minister of Justice”

Section 5 (2) 3

Insert immediately after the words “foreign countries” the words ‘‘, andin force in Nigeria at the date of the making of the order concerned, or madebetween Nigeria and foreign countries as the case may be,”

hese

Section 9

(a) in subsection (1)—

(i) Delete the words “Her Majesty’s dominions outside” and substitutethe words ‘‘any part of theCommonwealth other than’,

(it) Delete the words ‘‘of the said dominions” where theyfirst occur andsubstitute the word “‘thereof’’, and

(ii) thereafter delete the words “the said dominionsto which it extends”and substitute the words “Her Majesty's dominions other than Nigeriato which it extended”;

(b) in subsection (2) delete the word “extends” and substitute the word“extended”; and

(c) in subsection (3) delete the expression “Her Majesty’s dominions outsideNigeria” and substitute the expression ‘‘any part of the Commonwealth otherthan Nigeria”

Section 12

Delete in the subsections the word “Governor-General” where it occursand substitute the words ‘‘Minister of Justice”

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BORSTAL INSTITUTIONS AND REMAND CENTRES ACT 1960

(No. 32 oF 1960)Section 2 (2)

Delete this subsection

Section 4 (1)

Delete the word ‘‘Governor-General”’ and substitute the word “‘President’’

Section 8Delete in subsection 2(a) the words ‘‘of the Federation and Federal Justices

of the F- eral Supreme Court” and substitute the words “of Nigeria andother Justices of the Supreme Court”

Delete in subsection (8) the word “Governor-General” and substitute theword “President”

Section 10

Delete the word ‘“‘Governor-General” and substitute the word “President”

PRISONS ACT 1960

(No. 41 oF 1960)Section 2 (2) ;

Delete this subsection and substitute the following—“(2) This Act shall apply to Lagos as if it were a Region and accordingly

references herein.to a Minister of a Region shall, if the context so requires,be construed as references to the Minister under this Act.”

Sections 6 ; 8 ; and 10Delete the word ‘‘Governor-General”’ and substitute the word ‘‘President”’ -

Section 7 (1)

Delete the word ‘‘Governor-General” and substitute the word ‘‘MIinister”

Section 11(a) Delete in subsection (2) (a) all words after “Chief Justice of” up to the

end of the paragraph and substitute the words ‘‘Nigeria and other Justicesof the Supreme Court”,

(b) Delete in subsection (6) the word “Governor-General” and substitutethe word “President”

Section 20 .

(a) Delete the word ‘‘Governor-General” where it occurs in subsections(2), (3) and (4), and substitute the word ‘‘President”,

(b) Delete in subsection (2) the word “‘Governor-General’s” and substitutethe word ‘‘President’s”

Sections 21 (1) and (4) ; and 22 (1)

Delete the word ‘‘Governor-General” where it occurs and substitute theword“President”

NIGERIAN CITIZENSHIP ACT 1960(No. 43 oF 1960)

Section 3(a) Delete in subsection (1) the words “a citizen of any country mentioned

in subsection (5) or” and substitute the words ‘‘every person who under theConstitution of the Federation or any Act has the status of a Commonwealthcitizen or is a citizen”

(b) Delete subsection (5)

Section 9 (3)Delete in paragraph (a) the words “Her Majesty or the Government” and

substitute the words “the Federal Republic”

Section 14A (as inserted by section 8 of the Nigerian Citizenship Act 1961)(a) Delete in subsection (1) the words “mentioned in subsection (5) of

section 3 of this Act” and substitute the words “of which a person havingthe status of a Commonwealth citizen is a national,”

(6) Delete in subsection (2) the words “mentioned in subsection (5) ofsection 3 of this Act” and substitute the words ‘‘of the Commonwealth”

Section 17

_ Delete the word ‘‘Governor-General’”? where it twice occurs and substitutethe word ‘‘President”’

CITIZENSHIP AND LEADERSHIP TRAININGCENTRE ACT 1960(No. 45 oF 1960)

Date of Commencement

Insert immediately below thetitle, the words “(16th September 1960)”Section 2 .

In the definition of “‘Nigeria”’ delete all words after “means” and substitutethe words ‘‘the territories included in the Federation”

Section 4 (3)Delete paragraph (a) and substitute the following—

‘(a) one member from each Region appointed by the Minister on thenomination of the Governor of the Region concerned ;”

Section 14 (2)Delete the word “Governor-General” and substitute the word ‘‘Minister’’

Section 17

Delete the word “‘Governor-General” where it occurs in the subsectionsand substitute the word ‘‘Minister”

Section 18 (1)

Delete the word ‘‘Governor-General and substitute “Minister of the Govern-ment of the Federation charged with responsibility for pensions in propercase”

FLAGS AND COATS OF ARMS ACT 1960(No. 48 oF 1960)

Section 2 -

In the definition of—(a) ‘the National Flag” delete the word “Nigeria” and substitute the

words ‘the Federal Republic of Nigeria”(5) “public place” delete the word “Crown” and substitute. the word

“State”

Section 3In subsection(1) and—

(a) in paragraph(a) delete the words ‘“‘any memberof the Royal Family”and substitute the words “royalty as Head of the Commonwealth when inNigeria’,

B 625

B 626

() in paragraph(b) delete the word “Governor-General” and substitutethe word “President’’,

(ein paragraph (c) delete the words ‘Royal Nigerian Navy or HerMajesty's Ships” and substitute the words “Nigerian navy”;

in subsection (2) delete paragraph (6) and re-letter paragraph (c) asparagraph (5)

Section 4

Delete the’words “Royal Coat of Arms" and substitute the words “Coatof Arms of royalty as Head of the Commonwealth”

NIGERIAN RED CROSS SOCIETY ACT 1960(No. 52 oF 1960) .

Section 1 (2)Delete all words after ‘‘shall’’ up to the end of the subsection and substitute

the words “have effect as provided in section 10,”

Section 10Delete the words ofthe section and substitute the following—

“This Act shall apply throughout the Federation, so however that itshall not have effect in a Region unless and until the Governor of theRegion bynotice in the regional Gazette declaresit shall apply.”

GENEVA CONVENTIONS ACT 1960(No. 54 or 1960)

Section 1Delete ail wordsafter the figures “1960”, up to the end of the section and

substitute the words ‘‘and shall have effect as provided in section 12.”

Section 2Delete in the definition of “solicitor” the word “Federal”

Section 4 (1)

(a) Delete the word “Governor-General” and substitute the wordPresident’, and |

(5) In paragraph (5) delete the words “Royal Nigerian Military ForcesAct, 1960,” and substitute the words “Nigerian Army Act 1960”Section 6 (4)

Delete the word ‘‘Governor-General” and substitute the word “President”Section 7

(a) Delete in subsection (1) the words ‘‘Her Majesty’s forces” and substitutethe words “the armed forces of Nigeria”,

(5) Delete in subsection (3) and 4 (6) the word ‘‘Federal” where it occursSection 9 (2)

(a) Delete the word “Governor-General” and substitute the word“President’’, and

(5) Delete the words “Her Majesty’s forces” and substitute the words“the armed forces of Nigeria’Section 11 (2)

Delete all words after “convened under” up to the words “shall have”and substitute the words ‘‘any enactment applicable to members of the armedforces of Nigeria”’

Section 12Delete the wordsofthis section andsubstitute the following—

“This Act shall apply throughout the Federation, so however that theprovisions of sections 5, 6 and 8 (which relate to notice of trial of certainprotected persons) shall not have effect in a Region unless and until theGovernorof the Region by notice in the tegional Gazette declares thoseprovisions shal] apply.”Section 13

Delete all words after “Schedule” up to the end of the section and substitutethe words “shall, to the extent to which this Act applies to the Federationcease to haveeffect in Nigeria.”

NIGERIAN ARMY ACT1960(Formerly The Royal Nigerian Army Act 1960)(1960 No. 2)Section 3

Insert immediatelyafter section 2 a newsection 3 as follows—“Deletion 3. The Nigerian army shall, with effect from 1stof reterence October 1963 cease to be under royal patronage, andpatronage. accordingly the word “royal” where it appears in this Actshall be deleted.”

EMERGENCY POWERS ACT 1961(1961 No. 1)

Sections 3 (1) and (2) 34; and 7Delete the words “Governor-Generalin Council” where they occur in the. Sections and substitute the word “President”

NIGERIAN CITIZENSHIP ACT 1961(1961 No. 9)

Section 10 (2)Delete the words “Governor-General in Council” and substitute the word“President”

REGISTRATION OF BUSINESS NAMES ACT 1961(1961 No, 17)

Section 12 (1)Delete Paragraph (a) and substitute the following—

“(a) contains any word importing or Suggesting that the business enjoysment, federal, regional or municipal in Nigeria or, by whatever name known,of the Head ofthe Commonwealth, or of presidents or her representativesin other countries of the Commonwealth, as the case may be; ”’Section 18Delete the words “Governor-General in Council” and substitute the word

“Minister”

NIGER DELTA DEVELOPMENT BOARD ACT 1961(1961 No, 19)

Section 1 (1)Delete all words after “shall” up to the end of the sul scecton and substitute

“apply throughout the Federation”

B 627

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Section 2 (1)Delete all words in the definition of ‘Niger Delta” after ‘“‘has the” up to the

end thereof andsubstitute the words “meaning assigned by section 159 (6) ofthe Constitution of the Federation.”Section 2 (2)

Delete the words ‘‘Nigeria (Constitution) Order in Council 1960” andsubstitute the words “Constitution of the Federation”Section 3 (1)

After the word “‘shall” whereit first occurs insert the words “in respect ofthe Niger Delta”Section 4 .

Before the word “Western” insert the word “Mid~-”so as to form part ofthat word

Section 7Delete the word “Governor-General” whereit twice occurs and substitute

the word ‘President”’

Sections 29 ; and 34 (1) and (3) |Before the word “Western”insert the word ‘““Mid-” so as to form part of

that word

NATIONAL PROVIDENT FUND ACT 1961

(1961 No. 20)

Section 9 (3)Delete the words “Governor-General in Council” and substitute the word

“Minister”

Section 40 .Insert immediately after the word “Director” the words “given after

consultation in appropriate case with the Director of Public Prosecutions,”Sections 45 ; and 47(1)

Delete the words “Governor-General in Council” and substitute the word“‘President’’

INCOME TAX MANAGEMENT ACT 1961

(1961 No. 21)Section 1 (2)

Delete the word “Governor-General” and substitute the word ‘‘President”Section 2 ;

In the definition of“itinerant worker” delete the words “Royal NigerianArmyor the Royal Nigerian Navy” and substitute the words “armed forces”Section 8 (6)

Delete the word “Royal”,

Sections 15 ; and 20 (2) (Second proviso)Delete the word “Federal” where it occurs.

Schedule 1

(a) Delete in paragraph 3 (2) the words “military, naval or civilian capacityin the Royal Nigerian Army or the Royal Nigerian Navy” and substitute thewords “combatant, non-combatant,or civilian capacity in the armedforces”;and

(5) Delete in the proviso to that paragraph the words “the said Army orNavy”

B 629

Schedule 3

(7) in paragraph (a) delete the words ‘‘ Governor-General where they twiceoccur and substitute the word “President”(it) delete paragraph (b) and substitute the following—

“(6) any income in respect of which exemption is accorded undersections 9 and 10 ofthe Diplomatic Immunities and Privileges Act 1962 ;”(uit) in paragraph (c) delete the words “Her Majesty’s”’ and substitute the

words “‘visiting or other”(2v) in paragraph(2) delete all.word after “remitted” up to the end oftheparagraph and substitute the words “or exempted underthe provisions of the

Diplomatic Immunities and Privileges Act 1962, or of any enactment, orderor notice continued in force or affected by that Act.”

(v) in paragraph(),—

(a) Delete the words “Her Majesty’s Fotces” and substitute the words“the armed forces of the United Kingdom before the assumption ofrepublican status by Nigeria who are in Nigeria, or to members of thearmedforces of Nigeria at any time onorafter such assumption”, and

(4) Delete the words “action by the Queen’s enemies” and substitute thewords “enemyaction”

(vi) in paragraph (r) delete all words after “established” up to and includ-ing the words “Oil Palm Research Act” and substitute the words “pursuantto the Nigerian Research Institutes Act 1964 or any Act repealed by that Actor by the”

CRIMINAL PROCEDURE (CAPITAL SENTENCES)(AMENDMENT) ACT 1961 -

(1961 No. 40)Note : By the Adaptation of Laws (Miscellaneous Provisions) Order 1964 all L.N. 112 ofadaptations have been made with thefollowing exceptions :— 1964. °°Section 3

Delete the word “Governor-General” only where it first occurs andsubstitute the word “President”Section 5

Delete the word “Governor-General” and substitute the word “President”

ADMINISTRATION OF JUSTICE (HABEAS CORPUS) ACT 1961(1961 No. 49).

In the Title ; and Sections 2 (1) ; and 3Delete the word “Federal”

ACTS AUTHENTICATION ACT 1961(1961 No. 50)

Sections 3 (1); and 5 (2)Delete the word “Governor-General” where it occurs and substitute theword “President”

Section 5 (2)

(2) Delete the words “the Federation” and substitute the word Nigeria”,(b)Delete the word “Federal”

B 630

Section 6Delete the words “in Her Majesty’s name” and substitute the words ‘bythe President as by law required”

‘INSURANCE COMPANIES ACT 1961(1961 No. 53)Section 1 (1) ; and 8Delete the word “Governor-Gencral” where it occurs and substitute theword “Minister”

Section 34

(@) Delete the word “Governor-General” whereit first occurs and substitutethe word “President”,

(5) delete the word “Governor-General” where it secondly occurs andsubstitute the word “Minister”, and(c) delete the word “Crown” and substitute the word “State”Section 44 (1)Delete the word “Governor-General” and substitute the word “Minister”

MARINE INSURANCE ACT 1961(1961 No. 54)

Section 90

(a) Delete in subsection (1) the word “Crown” and substitute the words“governmentof the Federation”.(6) delete in subsection (3) the words “Law Officer” and substitute thewords“Attorney-General of the Federation”

Section 91 (3)Delete the words “Interpretation Act” and substitute the words “Law(Miscellaneous Provisions) Act”

REPUBLIC OF THE UNION OF SOUTH AFRICA ACT 1962(1962 No. 1)- Section 2 (1)

Delete the words “Her Majesty’s dominions” and substitute the words“the Commonwealth”

CONSTITUTIONAL REFERENDUMACT 1962(1962 No. 4)

Section 5 (1)(a) In subsection (1) delete the word “Governor-General” and substitutethe word “President”,

(6) In subsection(2) delete the word “Federal” where it occurs in paragraphs(c) and (d)Section 6 (1)

Delete the word “Federal”

LEGAL EDUCATION ACT 1962(1962 No. 12)

Section 1 (2)Delete the words “the Federation” where they appearin the two referencesto the ChiefJustice and substitute the word Nigeria”

B 631Section 6 (2)

In the definition of the words “the registrar” delete the word ‘‘Federal”’

EMERGENCY POWERS (JURISDICTION) ACT 1962(1962 No. 14)

In the Title ; and section 1Delete the word “Federal” where it occurs

EXCHANGE CONTROL ACT 1962(1962 No. 16)

Section 4 (5) -Delete the word “Crowsand,substitute the words “government of theFederation”

Section 30

Delete the word “Crown” where it twice occurs and sudstitute the word“State”’

Third ScheduleIn paragraph 3 delete the word “Federal”

CENTRAL BANK OF NIGERIA (AMENDMENT) ACT 1962: (1962 No. 17) -

Section 2 (2)Delete the words “Governor-General in Council” and substitute the words“Council of Ministers given through the Minister”

BANKING AMENDMENT ACT 1962(1962 No. 19)

Section 7 (2)Delete the figures “1958”

ADVISORY TRIBUNAL Etc. ACT 1962(1962 No. 20)

Section 1 (1) (a)Delete the words “the Federation” and substitute the word “Nigeria”

NIGER DAMS ACT 1962(1962 No. 23)

Section 4 (1) (c) ;Delete this paragraph and substitute the following—““(c) one person from each Region appointed by the Governorof the Regionconcerned ;”

-Section 5

(a) Delete in paragraph (2) (ti) of subsection (1) the word “Governor-General” and substitute the word “President”, and(4) Delete-in subsection (4) the word “Crown” and, substitute the word“State”

OFFICIAL SECRETS ACT 1962.(1962 No. 29)

Section 9 (1)

Tn the definition of “public officer” delete the word “Crown”and substitutethe word State”

B -632

aem

sade

deit

y.

MERCHANT SHIPPING ACT 1962(1962 No. 30)

Section 268 (8) :Delete the words “the Federal Supreme Court” and substitute the word

“Nigeria”

Section 398 (1)Delete the word ‘‘Governor-General”’ where it twice occurs and substitute

the word ‘‘President”’

Section 399 (2) ; and 423

Delete the word “Royal” where it occurs with reference, as the case maybe,to the navy and thereserve.

ELECTORAL ACT 1962(1962 No. 31)

Section 15 (1)

Delete the word ‘Governor-General’ where it twice occurs and substitutethe word “President”

COMPANIES INCOME TAX ACT 1961, (1961 No. 22)

Section 14

(a) Delete in subsection (3) the words “Director of Public Prosecutions“and substitute the word ‘‘Attorney-General”’,

(b) Delete in subsection (8) the words ‘Federal Audit” and substitute thewords “Audit of the- Federation”

Section 26 (1)

Insert in paragraph (hk) immediately after the words ‘“‘as amended,” thewords “‘or established by or under any of the aforesaid Lawsas applied to

~ Mid-Western Nigeria or by or under any local government law enacted by_ that Region,”

Section 59 (10)Delete the words “‘the Lagos High Court” and substitute the word ‘‘Lagos”

Section 59 (10) and (11)

Delete the word “Federal” where it occurs‘Section 64

Delete the words “Governor-General in Council” and substitute the word*‘President”’

WIRELESS TELEGRAPHY ACT 1961(1961 No. 31)

Section 1 (1)Delete the word “Governor-General” and substitute the word “President”

Section 10 (1)Delete in paragraph (b) the word “Crown”andsubstitute the word “State”

Section 20 (2)

Delete the words “Director of Public Prosecutions” and substitute theword “Attorney-General”Section 22

Delete the word “Crown”and substitute the word “State”

Section 24

Delete the word “Governor-General”and substitute the word “President”

i B 633

Sections 95 (1) ; 96 ; 97 (1) and (2); and 126Delete the word “Federal” where it occurs

Section 165 (1) ;

In the definition “rules of court” delete the word “Federal”

LEGAL PRACTITIONERS ACT 1962(1962No. 33)

Sections 3 (4); 7 (3) and (6); 8 ; and 9Delete the word “Federal” wherever it occurs

Section 19 (1)

In the definition “rules of court” delete the word “‘Federal”

Schedule 1Delete paragraph 3

ADMIRALTY JURISDICTION ACT 1962(1962 No.34)

Section 1 (2)

Delete the word “Federal” where it occurs

UNIVERSITY OF IBADAN ACT 1962(1962 No. 37)

Sections 8 (1); 9 (1) and (2); 12; and 15 (3)»Delete the word ‘Governor-Genera’

word ‘“‘President”

Schedule 1 4

In paragraphs 1 and 7 (1) (a) delete the word “Governor-General”? andsubstitute the word ‘‘President”’

where it occurs and substitute the

CUSTOMS AND EXCISE ACT 1962

(1962 No. 38)Section 3

Delete the word “Governor-General”? where it occurs and substitute theword “‘President”’

WEIGHTS AND MEASURES ci 1962(1962 No. 40)

Section 42 (3)

Delete the words “Director of Public Prosecutions” and substitute theword “Attorney-General”

DIPLOMATIC IMMUNITIES AND PRIVILEGESACT 1962

(1962 No.42)Section 20

Delete.the word “Governor-General” and substitute the word “President”?

B 634

TANGANYIKA REPUBLIC ACT 1963(1963 No. 3)Section 1 (2)

Delete the word “Governor-General” and substitute the word “President”MEDICAL AND DENTAL PRACTITIONERS ACT 1963.(1963 No. 9)Section 13 (5) ; and 17 (6)

Delete the word “Federal”Schedule 2

(2) in paragraphs 2, and 4 (1) and (2) delete the words “the Federation”where'they occur and substitute the word ‘Nigeria’,(5) in paragraph 3 delete the word “Federal”’, and(c) in paragraph 12 delete the word “Crown” and substitute the word“State” :

JUDICIAL ETC. OFFICES AND APPEALS BYPROSECUTORS ACT 1963

(1963 No. 10)In thetitle

Delete the words “by the Judicial” and substitute the words “as hereinprovided bythe Public”Section 1 (1)

Detete all words after “subsection” up to the end of the subsection and-” substitute the words “shall on and after Ist October, 1963 befilled by appoint-“ment bythe Public Service Commission of the Federation’’,Section 2 (1)

Delete the words ‘‘as amended by the Constitution Order”Section 4

(2) in subsection (1), (2) and (3) delete the word “Federal” whereit occurs,and6) in subsection (5) delete all words after “any court” up to the words

\ . 3 pt“gives to the court” andsubstitute the words “such an appeal as is mentionedin subsection (1) ofthis section’?

FEDERAL COMMISSIONS (PRIVILEGES ANDIMMUNITIES) ACT 1963(1963 No. 15)

In the Title

Delete the words “The Judicial Service Commission”Section 4

In the definition “Commission” delete the words “‘the Judicial ServiceCommission”

_——.

SCHEDULE 2 ~ |(.4cts applicable to the Federal Territory)

LAGOS TOWN PLANNING ACT(Cap. 95)

Section 38 paragraph (a)delete the word “Crown” and substitute the word “State”

Section 57 (2)

delete the words “‘Governor-General in Council” and substitute the word**Niinister”

OBA AND CHIEFS OF LAGOS ACT 1959(No. 22 oF 1959)

Section 2 tIn the definition “Chief of-Lagos” delete the word “Governor-General”

and substitute the word ‘‘President”Sections 3; 5; and 6 ,

Delete the word “Governor-General” where it occurs and substitute theword “President” 3

Section 4 (4)Delete the words “Law 1953” and substitute the words “Act 1959”

Sections 5 (4) ; and 6Delete the words ‘‘native law and custom” andsubstitute the words ‘“‘custo-

mary law” f

Schedule 1 ;Delete in paragraphs (4) ‘and (5) the word “Governor-General” and

substitute the word “President”

LIQUOR (LICENSING) ACT 1959(No. 39 oF 1959)

Section 50

Delete the word “Governor-General” and substitute the word ‘Minister’Section 51

In paragraph (g) delete all words after “property” up to the end of theparagraph and substitute the words “of members of any mess, wardroom orcanteen of the armed forces or, as the case maybe, of anycivilian messapproved for the purpose by the Minister ;”

PERSONAL INCOME TAX (LAGOS) ACT1961(1961 No. 23)

Section 9 *(a) Delete in subsection (3) the words “Director of Public Prosecutions”and substitute the word “Attorney-General”, ard(6) Delete in subsection (7) the words ‘Federal Audit” and substitute

the words ‘Audit of the Federation”Section 49

Delete the word ‘Governor-General’? and substitute the word “President”

COMMISSIONS AND TRIBUNALS OF ENQUIRY ACT 1961(1961 No. 26) _

Section 6 (2)Delete all words after “be taken” up to the words “and shall be” and

substitute the words “under the Oaths Act 1963”

SEA FISHERIES (LAGOS) ACT 1961(1961 No. 30)

Section 3 (1) provisoInsert immediately after the word “Western” the word, “*Mid-Western,”

B 635

B 636

Section 10 (1)Delete the word “Royal”

Section 14 (1)Delete the Word “Governor-General” and substitute the.word “Minister”

SUPREME COURT (MISCELLANEOUS PROVISIONS) ACT 1961(formerly the Federal Supreme Court (Miscellaneous Provisions) Act 1961)

(1961 No. 47)Section 1 (1)

Delete the word “Federal”Section 2

Delete in the definition namely, “the Second Ordinance”, the word“Federal”

LAW REFORM (TORTS) ACT 1961

(1961 No. 63)Sections 5 ; and 11

Delete the word “Crown” where it occurs and substitute the word “State”

LAW REFORM (CONTRACTS) ACT 1961(1961 No. 64) .

Sections 3 (2) ; and 8Delete the word “Crown” whereit occurs and substitute the word “State”

TAFAWA BALEWA SQUARE MANAGEMENT ACT 1961‘ (1961 No. 65)

Section 3 (a)

Delete the word “Crown” where it occurs and substitute the word “State”

DEFAMATION ACT 1961(1961 No. 66) “

In the Schedule

(a) In paragraph 1,(z) Insert immediately after the word “Schedule” the words “unlessthe context otherwise requires”, :(#) In the definition of “legislature” delete the words “Her Majesty’sdominions” and substitute the words “any part of the Commonwealth”(111) Delete the definition “part of Her Majesty’s dominions” andsubstitute the following new definition—

“ “part of the Commonwealth” means any territory of the Common-wealth which acknowledges Her Majesty as Head and,as the case maybe, Queenthereof, and which is subject to a separatelegislature.’(5) In paragraph 2 deleve all words after “that is to say” up to the end ofthe paragraph and substitute the words “the Republic of Ireland, the NewHebrides, and anyprotectorate or mandated territory of the Commonwealth,the provisions ofthis schedule shall have effect as they have effect in relationto any part of the Commonwealth, and references in any legislation enactedwithin the Commonwealth or the Republic of Ireland to Her Majesty’sdominions, or to the Commonwealth as the case maybe,shall be construedaccordingly.” :

(c) In paragraphs 3, and 7 delete the words “Her Majesty’s dominions“and substitute the words “the Commonwealth”(2) In paragraph 4

"(z) Delete the words “or Her Majesty’s Government in Nigeria”, and(2) Delete thereafter the words “that Government” and substitute theword “Nigeria”(e) In paragraph 6(z) Delete the words “Her Majesty’s dominions” and substitute thewords “the Commonwealth” and(2) Delete all words after the words “under” up to the end of theparagraph and substitute the words “any enactment touchingor concerningthe armed forces of N:igeria”’

(f) In paragraph 12 (c) delete all words after “by law”up to the end thereof(g) In paragraph 13 ‘dnsert immediately after the word “Charter” thewords “‘of the United Kingdom”

POOL BETTING TAX ACT 1962(1962 No. III)

Section 3 (5)Delete the word “Federal”

| FIRE SERVICES ACT1963(1963 No. II)

Section 13 (4):Delete the words “Her Majesty” and substitute the word “Nigeria”

SCHEDULE3

(Amendments to the Adaptation of Laws) (Miscellaneous

Provisions) Order 1964Part A: being amendments to Acts applicable throughout Nigeria

1. In the items in the 1964 Order aforesaid relating to the Criminal Code(Cap. 42) as distinct from the Act itself—(2) in the portion relating to section 1 (1) insert immediately before thereference to the definition of “packet boat”, the following—

‘In the definition of ‘Order in Council” delete all words after theword “Statute” up to the end of the definition and substitute the words“includes any relevant Order in Council of the United Kingdomapplicable. to Nigeria”

’

; ,(6) in the portionrelating to section 37 delete all reference to the additionof a new subsection (3) ;(c) insert as a new sub-heading the words “section 46” between the twoparagraphs which appear under the sub-heading “section 45” ;(d) insert in numerical sequence in the sub-heading “sections 198, 202and 203”the figures “197,”(e) after the amendeditem relating to sections 198, 202 and 203 insert ©as a new item the following—

Section 233A:

(7) delete the word “native” where it twice occurs in the section andsubstitute the word “citizen”, and

B 637

B 638

(2) delete in subsection (1) ali words after the words “be deported” up tothe words “shall apply” and substitute the words” ; and theprovisions of theImmigration Act 1963”? ;(f) in the sub-heading “Section 305” insert the letter “A” after thosefigures :

2. In the items in the 1964 Order aforesaid relating to the CriminalProcedure Act (Cap. +3)—

(2) in the portion relating to section 72 delete the words “subsection (1)”and substitute the words “‘ subsections (1) and (2); and(6) in the portion relating to section 337 delete paragraph(3d):

3. In the items in the 1964 Order aforesaid relating to the MinistersStatutory Powers and Duties (Miscellaneous Provisions) Act (Cap. 122) andin the portion relating to section 2 (1)—

(2) in paragraph (a) after the word “first” insert the words “and second-ly’, and

(5) in paragraph (6) immediately before the words “Governor-Generalin Council” insert the word “the”:

+. In the item in the 1964 Orderaforesaid relating to the Nigerian Broad-casting Corporation Act (Cap. 133)—(a) in the portion relating to section 5,

(2) delete the words ‘‘In paragraph (6) in sub-paragraph(1)—”, and(#2) delete the letter and symbols “(a)”in its application to subsection

(1) of the section and substitute the letter and symbols “(j)”;(5) in the portion relating to the First Schedule delete the word “First”

and substitute the word “Second”:

Part B: being an amendmentto an Act applicable to the Federal TerritoryIn the item in the 1964 Order aforesaid relating to Magistrates’ Court(Lagos) Act (Cap. 113) andin the portion relating to section 4 (1) (as amendedby the said 196+ Order) insert immediately after the word “appointed” the

words “by the Public Service Commission of the Federation’.

4EXPLANATORY NOTE

This note is not part of the Order but is intended to explainits effect,

The modifications effected by Schedules 1 and 2 of this order are ingeneral intended to bring the Acts passed since 1958, where necessary, intoconformity with the Constitution of the Federation. Schedule 1 relates toActs of Federal application and Schedule 2 relates to Acts applying only tothe Federalterritory, Schedule 3 makes sundrycorrectionsin the Adaptation

. of Laws (Miscellaneous Provisions) Order 1964gazetted as L.N. 112 of 1964.

B 639L.N. 140 of 1965

LAGOS LOCAL GOVERNMENTACTS 1959 TO 1964: (1959 No. 18) (1964 No. IV)

Lagos City Council (Authorised Expenditure) Order 1965

Commencement : 20th December 1965

In exercise of the powers conferred by section 92 (2) of the Lagos LocalGovernment Acts 1959 to 1964 and of ali other powers enabling mein thatbehalf, I hereby make the following order—

1. The Fourth Schedule to the Lagos Local Government Acts 1959 to 1964 Amendmentis hereby amended by deleting paragraph 10 and substituting therefor the ofFeourthfollowing:,

“10. A free grant fromthe fund of the Council to the President of theCouncil not exceeding such amountas may be approved by the Ministerfor the purpose of purchasing a motorvehicle for his personal and officialuse as well as for the maintenance of such vehicle.”Pot

2. This Order maybe sited as the Lagos City Council (Authorised Expendi- Citation.ture) Order 1965. ‘

Datep at Lagos this 20th day of December 1965.

C

Musa Yar’Apua,‘inister of Lagos Affairs