Laws of Rivers State of Nigeria: An Encyclopaedic Guide

Rivers State was created out of the former Eastern Nigeria on 27 May 1967 by virtue of the States (Creation and Transitional Provisions) Decree No. 14 of 1967, and inherited Eastern Nigeria legislation in accordance with section 1(5) of the said Decree. Consequently, legislation applicable to Rivers State as at 27 May 1967 consisted of the Laws contained in The Revised Edition of The Laws of Eastern Nigeria 1963 and those enacted between 1963 and 1967. Thereafter, Edicts were promulgated by the successive Military Governors of Rivers State between 1968 and 28 May 1999, interspersed with brief periods of democratic Government that enacted Laws.

The first and only revision of the Laws of Rivers State of Nigeria was published as The Laws of Rivers State of Nigeria 1999 containing legislation still in force at that time. It should be noted that by virtue of section 3 of the Revised Edition (Laws of Rivers State of Nigeria) Law 1991, there may be Laws which, although omitted in The Laws of Rivers State of Nigeria 1999, still have the force of law, just like those included in it. Unfortunately, there is an operational disconnect between the enactment of legislation and their publication in the official form either in the Official Gazette or in bound annual volumes as required by law.Consequently, it becomes a Herculean task to search for every piece of legislation which may be hidden in volumes of files containing signed copies or among thousands of copies of the Official Gazette littered in several locations! Herein lies one aspect of the indispensability of this book, the first edition of which was published in 1994. Without this book, even lawyers may not be aware of some of the existing Laws.

Book Review By Professor E. S. Nwauche – Laws Of Rivers State Of Nigeria: An Encyclopaedic Guide

Book: Laws of Rivers State of Nigeria: An Encyclopaedic Guide

Author: Dr. Leesi Ebenezer Mitee

Publisher: Worldwide Business Resources, United Kingdom (Website: https://koinoniatechnocratic.com/ )

Pages: 254

Reviewer: E S Nwauche

Associate Professor of Law, Rivers State University of Science and Technology; Director, Centre for African Legal Studies Port Harcourt, Rivers State, Nigeria

One of the enduring maxims of the common law is that ignorance of the law is no excuse. This maxim however flies in the face of democracy which is a system of government that thrives on the participation of citizens if it is to be sustainable, transparent, accountable, and meaningful. Since information is important to the critical engagement of the citizenry in the processes of governance it is no surprise that access to information is not only considered a right, there are now standard procedures to enable people to access information that is often within the control of government. In a developing country such as Nigeria information about legislation is also difficult to get even though there does not appear to be a deliberate attempt by governments to restrict access to legislation. Even though it is also strongly felt that legislation is the business of legal practitioners, considerable obstacles stand in the way of legal practitioners in ascertaining the corpus of legislation in all levels of government. Mr Leesi Ebenezer Mitee must be congratulated for a book that makes it easy for legal practitioners and laymen alike to discover the law.

The book Laws of Rivers State of Nigeria: An Encyclopaedic Guide is an excellent primary resource which organises the Laws of Rivers State from the Laws of Eastern Nigeria 1963 to the Laws of Rivers State 2010. Part 1 of the book contains a chronological table of the Laws of Rivers State in that period. Part 2 is an alphabetical table of the Laws of Rivers State for that period. Part 3 of the Book contains Laws of Rivers State between 1963 and 1988 and the author warns on p. 87 that except otherwise indicated, the Laws under this part may no longer be in force. What is educative about part 3 is that there is a short summary of every piece of legislation. Part 4 contains the Laws of Rivers State of Nigeria 1999 and Laws made thereafter between 1999 and 2010. This part presents the current state of the law and like part 3 contains a more substantive summary of the legislation. In addition, the subsidiary legislation for each law are set out. There are five Appendices which essentially define the legislative powers of the Rivers State Government and include the States (Creation and Transitional Provisions) Decree 1967; sections 4 and 105 of the 1999 Constitution. The Appendices also include the Second Schedule to the 1999 Constitution as well as the Revised Edition (Laws of Rivers State of Nigeria) Law 1991.

As a primary resource this is an excellent initiative which should not only be owned by every lawyer but every Rivers man and woman eager to abide by the law and take advantage of its contents. One is disturbed by the author’s caution that the laws so excellently arranged may not be exhaustive. If there are other laws not catalogued in this book, it is our hope that they should be reflected in the second edition of this book which should be out, we recommend, in no distant future.

Mr Ebenezer Leesi Mitee is to be congratulated for an excellent work and a groundbreaking treatise in legislation management. I wholeheartedly recommend this book to every law office, to every law faculty and the general public.

Comments On The Book

“This book is a most welcome contribution to the law reform effort as regards the Laws of Rivers State. Legal practitioners and researchers should find its practical importance most invaluable.”

B. M. Wifa (Senior Advocate of Nigeria; former Rivers State Attorney-General & Commissioner of Justice; Managing Solicitor of B. M. Wifa & Co., Port Harcourt)

“This book is of critical importance and therefore indispensable to legal research and advocacy about Rivers State in particular and the Nigerian legal system in general.”

Professor Enyinna Sodienye Nwauche (Professor of Law, Rivers State University of Science & Technology, Port Harcourt)

“This is a well-researched work. It is a fountain of legal knowledge as regards the Laws of Rivers State. I recommend it to every lawyer and the general public.”

Dame Mina Benebo (Solicitor-General & Permanent Secretary, Rivers State Ministry of Justice, Port Harcourt)

“This compendium of extant (i.e. existing) Laws of Rivers State is, without doubt, a highly scholarly reference text. It is a must-have for all practitioners of the law in Rivers State. I highly recommend it to all who love legal research.”

Hon. Justice Letam L. Nyordee (High Court Judge, Rivers State Judiciary, Port Harcourt)

“This book – Laws of Rivers State of Nigeria: An Encyclopaedic Guide – is a veritable and credible academic production to quench the practice needs of researchers and practitioners of law in Rivers State.”

Ericonda Amadi, Esq. (Legal Practitioner, Okocha & Okocha Legal Practitioners, Manuchim Chambers, Port Harcourt)

“This book is not only for lawyers, but also for the general public. I therefore recommend it to everybody.”

Innocent Osia, JP (Managing Director, Osia Digital Press, Port Harcourt)

Abbreviations and Guide Notes

ENG – Eastern Nigeria Gazette

LBSN 2006 – Laws of Bayelsa State of Nigeria 2006

Laws of Eastern Nigeria 1963 – The Laws of Eastern Nigeria 1963

Laws of the Federation of Nigeria 1990 – The Laws of the Federation of Nigeria 1990

Laws of the Federation of Nigeria 2004 – The Laws of the Federation of Nigeria 2004

LN – Legal Notice

Laws of Rivers State of Nigeria 1999 – The Laws of Rivers State of Nigeria 1999

No. – Number

RSLN – Rivers State of Nigeria Legal Notice

RSOG – Rivers State of Nigeria Official Gazette

S/No. – Serial Number

Volume – Volume of a publication

Gazette referred to in this book is the official Government publication also known as the “Government newspaper.” By virtue of section 6 of the Revised Edition (Laws of Rivers State of Nigeria) Edict 1991 and section 7(1) of the Laws Authentication Law 1950 No. 8 (Chapter 76 Laws of Rivers State of Nigeria 1999), the Volumes of the statute book (The Laws of Rivers State of Nigeria 1999 and the Rivers State of Nigeria Official Gazette published by the Rivers State Government Printer) are the only publications that contain authentic copies of the Laws of Rivers State. The Laws of Eastern of Eastern Nigeria 1963 and Eastern Nigeria Gazettes also contain authentic copies of legislation inherited by Rivers State by virtue of section 1(5) of the States (Creation and Transitional Provisions) Decree 1967 No. 14. Laws contained in the Rivers State House of Assembly publications (e.g. Laws Enacted by the Rivers State House of Assembly 1999 – 2007 published in 2009 and individual Laws printed as handbooks) do not have official status. Copies of the Rivers State of Nigeria Official Gazette are available at the Rivers State Government Printer, 1 Abobiri Street (formerly Railway Crescent), Port Harcourt. Copies of the Eastern Nigeria Gazette are available at the Rivers State Judiciary Central Library, Station Road, Port Harcourt.

Appendix

States (Creation and Transitional Provisions) Decree 1967 No. 14

Arrangement of Sections

Sections

Creation of new states, etc.
Continuance of certain powers, etc.
Jurisdiction of High Courts.
Transfer of public property.
Financial provisions, etc.
States Boundaries Delimitation Commission.
Citation, application, etc.

Schedule.

Decree No. 14

Commencement [27th May 1967]

Whereas it is expedient and in the interest of Federal Government that provision should be made for the alteration of certain of the territories of the Federation mentioned in section 3 of the Constitution of the Federation:

THE FEDERAL MILITARY GOVERNMENT therefore hereby decrees as follows:—

1. Creation of new states, etc.

(1) There shall, on the commencement of this Decree, be created out of the Regions (other than Mid-Western Nigeria) states to be known by the names in Column 1 of the Schedule of this Decree the respective areas of which are those provinces or districts named in Column 2 of that Schedule.

(2) Accordingly,—

(а) section 2 of the Constitution of the Federation shall be renumbered as subsection (1), and for the words “Regions and a Federal territory,” there shall be substituted the word “states”; and as subsection (2) there shall be added the following—

“(2) Lagos shall be the seat of the Federal Government.”

(b) for section 3 of the Constitution aforesaid there shall be substituted the following section —

(c) There shall be twelve states that is to say, North-Western, North-Central, Kano, North-Eastern, Benue-Plateau, Central-West, Lagos, Western, Mid-Western, Central-Eastern, South-Eastern and Rivers.”

(3) There shall be for each state a Military Governor and, subject to the next succeeding subsection, the Military Governors shall be appointed by the Head of the Federal Military Government.

(4) The Military Governor who immediately before the commencement of this Decree held such appointment in Mid-Western Nigeria shall on the commencement of this Decree be deemed to have been appointed under subsection (3) above.

(5) All existing law in the Region out of which a state under this Decree is created shall have effect, subject to the modifications necessary to bring it into conformity with the provisions of this section.

2. Continuance of certain powers, etc.

(1) Subject to section 3 of this Decree and without prejudice to the provisions of this Decree relating to existing law, every local authority, court and other public body which immediately before the commencement of this Decree exercised its functions wholly within a state as herein constituted shall continue to exercise those functions in the state.

(2) Any person who immediately before the commencement of this Decree held office as a member of the public service in a Region affected by this Decree and exercised his office at or from a place in the area in a state under this Decree shall, on and after the commencement of this Decree unless at any time he is removed from or resigns his office in the manner provided by law, continue to hold and exercise that office in the state under this Decree.

(3) A body corporate or person who continues to exercise any office or function by virtue of this section shall exercise that office or function in accordance with the directions of the Military Governor.

3. Jurisdiction of High Courts

The jurisdiction of the High Court of Lagos or of any other High Court shall at the direction of the Head of the Federal Military Government extend to any state created under this Decree, so however that proceedings pending before a High Court of a Region immediately before the commencement of this Decree may, after such commencement, be continued before that court and shall not be affected by the provisions of this section.

4. Transfer of public property

(1) Subject to subsection (2) of this section, any immovable property (including unworked minerals) and any chattel which, immediately before the commencement of this Decree was situated in the area comprised in a state under this Decree, and was held—

(a) on behalf of the Federation for the purposes of the Government of the Region of which the state was part; or

(b) by a body corporate directly established by a Law of the Legislature or of the Military Governor of that Region or an instrument having effect as such a Law;

shall, by virtue of this section and without further assurance than this section, vest in the Military Governor of the state concerned and be held by him on behalf of the Federation for the purposes of the government of the state; and no compensation shall be payable in respect of any transfer effected by this section.

(2) Nothing in this section shall apply to any such property held on behalf of the Federation for the purposes of the Government of Western Nigeria, or to immovable property and chattels in the ownership of statutory corporations or, as the case may be, of public companies owned or controlled by the Government of Western Nigeria.

5. Financial Provisions, etc.

(1) There shall on the commencement of this Decree be an administration fund for each state under this Decree from which shall be defrayed all expenses incurred by the Military Governor of the state in the performance of his functions.

(2) There shall be paid or credited to the fund—

(a) such sums out of moneys provided by the Supreme Military Council as that Council may from time to time determine; and

(b) all other moneys held by the Military Governor for the purposes of the government of the relevant state.

(3) Every such fund shall be managed in accordance with regulations made for the purpose by the Military Governor of the state concerned; and without prejudice to the generality of the power conferred, the regulations shall in particular include provision—

(a) specifying the manner in which the assets of the fund are to be held, and regulating the making of payments to and from the fund ;

(b) requiring the keeping of proper accounts and records for the purposes of the fund in such form as may be specified in pursuance of the regulations;

(c) for securing that the accounts are audited periodically by the Director of Audit of the Federation; and

(d) requiring copies of the accounts and of the auditor’s report on them to be furnished to the Military Governor of the state concerned as soon as may be at the end of the period to which the accounts relate.

(4) Regulations may also provide—

(а) for the form in which a record of assets (other than assets of the fund) is to be kept;

(b) for the inspection by the Director of Audit of the Federation or otherwise, of any such record and of assets required to be mentioned in the record;

(c) for the furnishing to the Military Governor of the state concerned of information with respect to the record and any such assets as are mentioned in paragraph (b) above, and, in particular, of reports on inspections made in pursuance of that paragraph.

6. Delimitation

(1) There shall be for the purposes of this Decree a commission to be known as the States Boundaries Delimitation Commission (in this section referred to as “the Commission”) appointed for the purpose of adjusting, where necessary, the boundaries of states constituted under this Decree by reference to districts, provinces or ethnic groups, as the case may be.

(2) Where the boundaries of any state are adjusted by the Commission under this section, the adjustment shall have effect only after approval by the Supreme Military Council.

(3) Members of the Commission shall be appointed in writing by the Head of the Federal Military Government, and shall hold office on such terms and conditions, including salary and allowances, as may be specified in the instruments of their appointment.

(4) The Commission in the performance of its duties under this section shall comply with the requirements of the Supreme Military Council, given to the commission by the Head of the Federal Military Government.

7. Citation, application, etc.

(1) This Decree may be cited as the States (Creation and Transitional Provisions) Decree 1967 and shall apply throughout the Federation.

(2) The reference in the Interpretation Act 1964 and in any other enactment to “state” as denoting Nigeria, shall be read and construed as a reference to the Federation and not to a state under this Decree; and references in the Constitution of the Federation to “Region” shall be construed as references to a state under this Decree.

(3) In the definition of “territory” in section 165 of the Constitution of the Federation for the words “Region or the Federal territory” there shall be substituted the words “state within the meaning of the States (Creation and Transitional Provisions) Decree 1967”.

SCHEDULE

Name of State: Area

All that area comprising –

(a) North-Western: Sokoto and Niger Provinces

(b) North-Central: Katsina and Zaria Provinces

(d) North-Eastern: Bornu, Adamawa, Sardauna and Bauchi Provinces

(e) Benue-Plateau: Benue and Plateau Provinces

(f) Central-West: Ilorin and Kabba Provinces

(g) Lagos: The Federal territory, and the Badagry, Epe and Ikeja Divisions (the boundaries of which are described in Schedules 1 to 4 of a proclamation made under the Nigeria (Electoral Provisions) Order in Council 1951 and published in the Gazette as Public Notice No. 116 of 1951)

(h) Western: The present Western Region (excluding the Colony Province)

(i) Mid-Western: The present Mid-Western Region

(j) Central-Eastern: The present Eastern Region (excluding Calabar, Uyo and Ogoja Provinces and the Ahoada, Brass, Degema, Ogoni and Port Harcourt Divisions)

(k) South-Eastern: Calabar, Uyo and Ogoja Provinces

(l) Rivers: Ahoada, Brass, Degema, Ogoni and Port Harcourt Divisions.

MADE at Lagos this 27th day of May, 1967

Lieutenant-Colonel Yakubu Gowon

Head of the Federal Military Government,
Commander-in-Chief of the Armed Forces,
Federal Republic of Nigeria