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LANDS (TITLE VESTING, ETC.) ACT ARRANGEMENT OF SECTIONS SECTION
LANDS (TITLE VESTING, ETC.) ACT An Act to provide among other things, for the vesting of the title of all land within the 100 metres limit of the 1967 shore line and all land reclaimed near the la- goon, sea or ocean in or bordering Nigeria exclusively in the Federal Govern- ment of Nigeria. [1993 No. 52.] [1st January, 1975][Commencement.]
(1) For the avoidance of any doubt and notwithstanding anything to the contrary contained in the Constitution of the Federal Republic of Nigeria or any enactment, law or vesting instrument, the title to all the lands within 100 metres limit of the 1967 shoreline of Nigeria and any other land reclaimed from any lagoon, sea or ocean in or bordering Nigeria or of oceans bordering the Federal Republic of Nigeria shall, to the exclusion of any right accruing to any body corporate or unincorporate or industry, vest in the Federal Government of Nigeria without any further assurance than this Act. (2) Accordingly, any purported title to any land referred to in subsection (1) of this section held by any State or local government, any individual or by any body corporate or unincorporate before the commencement of this Act, is hereby vested in the Federal Gov- ernment of Nigeria.
All the lands referred to in section 1 of this Act shall be controlled and managed for and on behalf of the Federal Government of Nigeria by the Federal Ministry charged with responsibility for lands and land matters or any other authority designated by that Minis- try for the purposes of this Act.
(1) Any lease purportedly granted by any State or local government, individual or any body corporate or unincorporate or any agency of the State or local government, in respect of any such land, before the commencement of this Act shall abate, be null and void and of no effect whatsoever. (2) In subsection (1) of this section, “agency” includes any statutory corporation or any other statutory body (corporate or unincorporate) or any company wholly owned by the State or local government or any individual or body corporate or unincorporate.
(1) Subject to this Act, the holder of a lease purportedly granted before the commence- ment of this Act by any of the persons referred to in section 3 of this Act, shall be deemed to have been granted the said lease by the Federal Government of Nigeria. (2) Accordingly, the holder of the lease or his agent shall hold the lease in accordance with such terms and conditions as the Federal Government of Nigeria may determine, from time to time. (3) The holder or his agent shall, within a period of 30 days, from the promulgation of this Act, be required to regularise the lease with the Federal Ministry charged with responsibility for lands and lands matters by means of formal application to the said Ministry. (4) A person who, being the holder or agent of the holder of a lease in respect of the land referred in subsection (1) of this section, fails to regularise the lease as specified therein, is guilty of an offence and liable on conviction to a fine of N10,000 or impris- onment for a term of five years or to both such fine and imprisonment and to the revoca- tion of the lease and forfeiture of the property movable or immovable on the land to the Federal Government of Nigeria. (5) Where the contravention is by a body corporate, it shall be guilty of an offence and liable on conviction to a fine ofN20,000 on the first conviction and N5,000 for each day on which the offence continues and in addition to the revocation of the lease.
The Registrar of Titles in the Federal Land Registry in which any land referred to in subsection (1) of this Act is situate shall, without the payment of any fee, register the title to the said property in the name of the Federal Government of Nigeria and ensure that the registration is effected free of any encumbrances as provided in this Act. 6. Short title This Act may be cited as the Lands (Title Vesting, etc.) Act. LANDS (TITLE VESTING, ETC.) ACT SUBSIDIARY LEGISLATION No Subsidiary Legislation Source: Policy and Legal Advocacy Centre
LAND USE ACT ARRANGEMENT OF SECTIONS PART I General SECTION
PART II Principles of land tenure, powers of Governor and local governments, and rights of occupiers 5. Powers of the Governor in relation to land. 6. Powers of local government in relation to land not in urban areas. 7. Restriction on rights of persons under the age of 21. 8. Special contracts. 9. Certificates of occupancy. 10. Conditions and provisions implied in certificate of occupancy. 11. Power of Governor or public officer to enter and inspect land and improvements. 12. Power of Governor to grant licences to take building materials. 13. Duty of occupier of statutory right of occupancy to maintain beacons. 14. Exclusive rights of occupiers. 15. The right of improvements. PART III Rents 16. Principles to be observed in fixing and revising rents. 17. Power of Governor to grant rights of occupancy free of rent or at reduced rent. 18. Acceptance of rent not to operate as a waiver of forfeiture. 19. Penal rent. 20. Additional penal rent for unlawful alienation. PART IV Alienation and surrender of rights of occupancy 21. Prohibition of alienation of customary right of occupancy except with requisite consent or approval. 22. Prohibition of alienation of statutory right of occupancy without the consent of Governor. 23.Sub-underleases, 24.Devolution of rights of occupancy on death. 25.Effect of deed or will where non-customary law applies. 26.Null-and-void transactions and instruments. 27.Surrender of statutory rights of occupancy. PART V Revocation of rights of occupancy and compensation therefore
31 . Exclusion of the application of the Public Lands Acquisition (Miscellaneous Provisions) Act 1976.
PART VI Transitional and other related provisions
PART VII Jurisdiction of High Courts and other courts
40. Special provisions in respect of pending proceedings.
42. Proceedings for recovery of rent in respect of certificate of occupancy, etc. PART VIII Supplemental 43. Prohibition of, and penalties for, unauthorised use of land. 44. Service of notices. 45. Delegation of powers. 46. Power to make regulations. 47. Exclusion of certain proceedings. 48. Modification of existing laws. 49. Exemption with respect to Federal Government lands, etc. 50. Validity of laws, etc. 51. Interpretation. 52. Short title. CHAPTER L5 LAND USE ACT An Act to vest all land comprised in the territory of each State (except land vested in the Federal Government or its agencies) solely in the Governor of the State, who would hold such land in trust for the people and would henceforth be responsible for allocation of land in all urban areas to individuals resident in the State and to organisations for residential, agricultural, commercial and other purposes while similar powers with respect to non-urban areas are conferred on Local Governments. [1978 No. 6.) [29th March, 1978] [Commencement.) PART IGeneral
Subject to the provisions of this Act, all land comprised in the territory of each State in the Federation is hereby vested in the Governor of that State, and such land shall be held in trust and administered for the use and common benefit of all Nigerians in accor- dance with the provisions of this Act.
(a) all land in urban areas shall be under the control and management of the Gov- ernor of each State; and (b) all other land shall, subject to this Act, be under the control and management of the local government within the area of jurisdiction of which the land is situated. (2) There shall be established in each State a body to be known as “the Land Use and Allocation Committee” which shall have responsibility for- (a) advising the Governor on any matter connected with the management of land to which paragraph (a) of subsection (1) of this section relates; (b) advising the Governor on any matter connected with the resettlement of per- sons affected by the revocation of rights of occupancy on the ground of over- riding public interest under this Act; and (c) determining disputes as to the amount of compensation payable under this Act for improvements on land. (3) The Land Use and Allocation Committee shall consist of such a number of per- sons as the Governor may determine and shall include in its membership– (a) not less than two persons possessing qualifications approved for appointment to the civil service as estate surveyors or land officers and who have had such qualification for not less than five years; and (b) a legal practitioner. (4) The Land Use and Allocation Committee shall be presided over by such one of its members as may be designated by the Governor and, subject to such directions as may be given in that regard by the Governor, shall have power to regulate its proceedings. (5) There shall also be established for each Local Government a body to be known as “the Land Allocation Advisory Committee” which shall consist of such person as may be determined by the Governor acting after consultation with the local government and shall have responsibility for advising the local government on any matter connected with the management of land to which paragraph (b) of subsection (1) of this section relates.
Subject to such general conditions as may be specified in that behalf by the National Council of States, the Governor may for the purposes of this Act by order published in the State Gazette designate the parts of the area of the territory of the State constituting land in an urban area.
Until other provisions are made in that behalf and, subject to the provisions of this Act, land under the control and management of the Governor under this Act shall be ad- ministered- (a) in the case of any State where the Land Tenure Law of the former Northern Nigeria applies, in accordance with the provisions of that law; and (b) in every other case, in accordance with the provisions of the State Land Law applicable in respect of State land in the State, and the provisions of the Land Tenure Law or the State Land Law, as the case may be, shall have effect with such modifications as would bring those laws into conformity with this Act or its general intendment. PART II Principles of land tenure, powers of Governor and local governments, and rights of occupiers
(1) It shall be lawful for the Governor in respect of land, whether or not in an urban area to– (a) grant statutory rights of occupancy to any person for all purposes; (b) grant easements appurtenant to statutory rights of occupancy; (c) demand rental for any such land granted to any person; (d) revise the said rental- (i) at such intervals as may be specified in the certificate of occupancy; or (ii) where no intervals are specified in the certificate of occupancy at any time during the term of the statutory right of occupancy; (e) impose a penal rent for a breach of any covenant in a certificate of occupancy requiring the holder to develop or effect improvements on the land, the subject of the certificate of occupancy, and to revise such penal rent as provided in section 19 of this Act; (f) impose a penal rent for a breach of any condition, express or implied, which precludes the holder of a statutory right of occupancy from alienating the right of occupancy or any part thereof by sale, mortgage, transfer of possession, sub- lease or bequest or otherwise howsoever without the prior consent of the Governor; (g) waive, wholly or partially, except as otherwise prescribed, all or any of the cove- nants or conditions to which a statutory right of occupancy is subject where, owing to special circumstances, compliance therewith would be impossible or great hardship would be imposed upon the holder; (h) extend except as otherwise prescribed, the time to the holder of a statutory right of occupancy for performing any of the conditions of the right of occu- pancy upon such terms and conditions as he may think fit. (2) Upon the grant of a statutory right of occupancy under the provisions of subsec- tion (1) of this section, all existing rights to the use and occupation of the land, which is the subject of the statutory right of occupancy, shall be extinguished.
(1) It shall be lawful for a local government in respect of land not in an urban area to- (a) grant customary rights of occupancy to any person or organisation for the use of land in the local government area for agricultural, residential and other pur- poses; (b) grant customary rights of occupancy to any person or organisation for the use of land for grazing purposes and such other purposes ancillary to agricultural purposes as may be customary in the local government area concerned. (2) No single customary right of occupancy shall be granted in respect of an area of land in excess of 500 hectares if granted for agricultural purposes, or 5,000 hectares if granted for grazing purposes, except with the consent of the Governor. (3) It shall be lawful for a local government to enter upon, use and occupy for public purposes any land within the area of its jurisdiction which is not- (a) land within an area declared to be an urban area pursuant to section 3 of this Act; (b) the subject of a statutory right of occupancy; (c) within any area compulsorily acquired by the Government of the Federation or of the State concerned; (d) the subject of any laws relating to minerals or mineral oils, and for the purpose, to revoke any customary right of occupancy on any such land. (4) The local government shall have exclusive rights to the lands so occupied against all persons except the Governor. (5) The holder and the occupier according to their respective interests of any custom- ary right of occupancy revoked under subsection (3) of this section shall be entitled to compensation, for the value at the date of revocation, of their unexhausted improvements. (6) Where land in respect of which a customary right of occupancy is revoked under this Act was used for agricultural purposes by the holder, the local government shall allo- cate to such holder alternative land for use for the same purpose. (7) If a local government refuses or neglects within a reasonable time to pay compen- sation to a holder and an occupier according to their respective interests under the provi- sions of subsection (5) of this section, the Governor may proceed to the assessment of compensation under section 29 of this Act and direct the local government to pay the amount of such compensation to the holder and occupier according to their respective interests.
It shall not be lawful for the Governor to grant a statutory right of occupancy or con- sent to the assignment or subletting of a statutory right of occupancy to a person under the age of 21 years: Provided that- (a) where a guardian or trustee of a person under the age of 21 years has been duly appointed for such purpose, the Governor may grant or consent to the assign- ment or subletting of a statutory right of occupancy to such guardian or trustee on behalf of such person under age; (b) a person under the age of 21 years upon whom a statutory right of occupancy devolves on the death of the holder, shall have the same liabilities and obliga- tions under and in respect of his right of occupancy as if he were of full age, notwithstanding the fact that no guardian or trustee has been appointed for him.
Statutory right of occupancy granted under the provisions of section 5 (1) (a) of this Act shall be for a definite term and may be granted subject to the terms of any contract which may be made by the Governor and the holder not being inconsistent with the pro- visions of this Act. 9. Certificates of occupancy (1) It shall be lawful for the Governor- (a) when granting a statutory right of occupancy to any person; or (b) when any person is in occupation of land under a customary right of occu- pancy and applies in the prescribed manner; or (c) when any person is entitled to a statutory right of occupancy, to issue a certificate under his hand in evidence of such right of occupancy. (2) Such certificate shall be termed a certificate of occupancy and there shall be paid therefor, by the person in whose name it is issued, such fee (if any) as may be prescribed. (3) If the person in whose name a certificate of occupancy is issued, without lawful excuse, refuses or neglects to accept and pay for the certificate, the Governor may cancel the certificate and recover from such person any expenses incidental thereto, and in the case of a certificate evidencing a statutory right of occupancy to be granted under para- graph (a) of subsection (1) of this section, the Governor may revoke the statutory right of occupancy. (4) The terms and conditions of a certificate of occupancy granted under this Act and which has been accepted by the holder shall be enforceable against the holder and his successors in title, notwithstanding that the acceptance of such terms and conditions is not evidenced by the signature of the holder or is evidenced by the signature only or, in the case of a corporation, is evidenced by the signature only of some person purporting to accept on behalf of the corporation.10. Conditions and provisions implied in certificate of occupancy Every certificate of occupancy shall be deemed to contain provisions to the following effect- (a) that the holder binds himself to pay to the Governor the amount found to be payable in respect of any unexhausted improvements existing on the land at the date of his entering into occupation;(b) that the holder binds himself to pay to the Governor the rent fixed by the Gov- ernor and any rent which may be agreed or fixed on revision in accordance with the provisions of section 16 of this Act. 11. Power of Governor or public officer to enter and inspect land and improvements The Governor or any public officer duly authorised by the Governor in that behalf, shall have the power to enter upon and inspect the land comprised in any statutory right of occupancy or any improvements effected thereon, at any reasonable hours in the day time, and the occupier shall permit and give free access to the Governor or any such offi- cer to enter and inspect. 12. Power of Governor to grant licences to take building materials (1) It shall be lawful for the Governor to grant a licence to any person to enter upon any land which is not the subject of a statutory right of occupancy or of a mining lease, mining right or exclusive prospecting licence granted under the Minerals and Mining Act or any other enactment, and remove or extract therefrom any stone, gravel, clay, sand or other similar substance (not being a mineral within the meaning assigned to that term in the Minerals and Mining Act) that may be required for building or for the manufacture of building materials. [Cap. M12.] (2) Any such licence may be granted for such period and subject to such conditions as the Governor may think proper or as may be prescribed. (3) No such licence shall be granted in respect of an area exceeding 400 hectares. (4) It shall not be lawful for any licensee to transfer his licence in any manner what- soever without the consent of the Governor first had and obtained, and such transfer ef- fected without the consent of the Governor shall be null and void. (5) The Governor may cancel any such licence if the licensee fails to comply with any of the conditions of the licence. 13. Duty of occupier of statutory right of occupancy to maintain beacons (1) The occupier of a statutory right of occupancy shall at all times maintain in good and substantial repair to the satisfaction of the Governor, or of such public officer as the Governor may appoint in that behalf, all beacons or other land marks by which the bound- aries of the land comprised in the statutory right of occupancy are defined and in default of his so doing the Governor or such public officer as aforesaid may by notice in writing require the occupier to define the boundaries in the manner and within the time specified in such notice. (2) If the occupier of a statutory right of occupancy fails to comply with a notice served under subsection (1) of this section he shall be liable to pay the expenses (if any) incurred by the Governor in defining the boundaries which the occupier has neglected to define. 14. Exclusive rights of occupiers Subject to the other provisions of this Act and of any laws relating to way leaves, to prospecting for minerals or mineral oils or to mining or to oil pipelines and subject to the terms and conditions of any contract made under section 8 of this Act, the occupier shall have exclusive rights to the land the subject of the statutory right of occupancy against all persons other than the Governor. 15. The right to improvements During the term of a statutory right of occupancy the holder- (a) shall have the sole right to and absolute possession of all the improvements on the land; (b) may, subject to the prior consent of the Governor, transfer, assign or mortgage any improvements on the land which have been effected pursuant to the terms and conditions of the certificate of occupancy relating to the land. PART III Rents 16. Principles to be observed in fixing and revising rents In determining the amount of the original rent to be fixed for any particular land and the amount of the revised rent to be fixed on any subsequent revision of rent, the Governor- (a) shall take into consideration the rent previously fixed in respect of any other land in the immediate neighbourhood and shall have regard to all the circum- stances of the case; (b) shall not take into consideration any value due to capital expended upon the land by the same or any previous occupier during his term or terms of occu- pancy, or any increase in the value of the land the rental of which is under con- sideration, due to the employment of such capital. 17. Power of Governor to grant rights of occupancy free of rent or at reduced rent (1) The Governor may grant a statutory right of occupancy free of rent or at a re- duced rent in any case in which he is satisfied that it would be in the public interest to do so. (2) Where a statutory right of occupancy has been granted free of rent, the Governor may, subject to the express provisions of the certificate of occupancy, nevertheless im- pose a rent in respect of the land the subject of the right of occupancy if and when he may think fit. 18. Acceptance of rent not to operate as a waiver of forfeiture Subject to the provisions of sections 20 and 21 of this Act, the acceptance by or on behalf of the Governor of any rent shall not operate as a waiver by the Governor of any forfeiture accruing by reason of the breach of any covenant or condition, express or im- plied, in any certificate of occupancy granted under this Act. 19. Penal rent (1) When in any certificate of occupancy the holder has covenanted to develop or ef- fect improvements on the land, the subject of the certificate of occupancy, and has com- mitted a breach of such covenant the Governor may- (a) at the time of such breach or at any time thereafter, so long as the breach re- mains unremedied, fix a penal rent which shall be payable for twelve months from the date of such breach; and (b) on the expiration of twelve months from the date of such breach and on the expiration of every subsequent twelve months so long as the breach continues, revise the penal rent to be paid. (2) Such penal rent or any revision thereof shall be in addition to the rent reserved by the certificate of occupancy and shall be recoverable as rent: Provided that the first penal rent fixed shall not exceed the rent so reserved and any revised penal rent shall not exceed double the penal rent payable in respect of the twelve months preceding the date of revision. (3) If the Governor fixes or revises a penal rent, he shall cause a notice in writing to be sent to the holder informing him of the amount thereof and the rent so fixed or revised shall commence to be payable one calendar month from the date of the receipt of such notice. (4) If the breach for which a penal rent has been imposed is remedied before the expi- ration of the period for which such rent has been paid, the Governor may in his discretion refund such portion of the penal rent paid for such period as he may think fit. (5) The fact that a penal rent or a revised penal rent has been imposed shall not pre- clude the Governor, in lieu of fixing a subsequent penal rent, from revoking the statutory right of occupancy: Provided that the statutory right of occupancy shall not be revoked during the pe- riod for which a penal rent has been paid. 20. Additional penal rent for unlawful alienation (1) If there has been any breach of any of the provisions of section 22 or 23 of this Act, the Governor may in lieu of revoking the statutory right of occupancy concerned, demand that the holder shall pay an additional and penal rent for and in respect of each day during which the land the subject of the statutory right of occupancy or any portion thereof or any buildings or other works erected thereon shall be or remain in the posses- sion, control or occupation of any person whomsoever other than the holder. (2) Such additional and penal rent shall be payable upon demand and shall be recov- erable as rent. (3) The acceptance by or on behalf of the Governor of any such additional and penal rent shall not operate as a waiver by the Governor of any breach of section 22 or 23 of this Act which may continue after the date up to and in respect of which such additional and penal rent has been paid or is due and owing and the Governor shall accordingly be entitled to exercise in respect of any such continuing breach all or any of the powers con- ferred upon him by this Act. PART IV Alienation and surrender of rights of occupancy 21. Prohibition of alienation of customary right of occupancy except with requisite consent or approval It shall not be lawful for any customary right of occupancy or any part thereof to be alienated by assignment, mortgage, transfer of possession, sublease or otherwise howso- ever- (a) without the consent of the Governor in cases where the property is to be sold by or under the order of any court under the provisions of the applicable Sher- iffs and Civil Process Law; or (b) in other cases without the approval of the appropriate local government. 22. Prohibition of alienation of statutory right of occupancy without consent of Governor (1) It shall not be lawful for the holder of a statutory right of occupancy granted by the Governor to alienate his right of occupancy or any part thereof by assignment, mort- gage, transfer of possession, sublease or otherwise howsoever without the consent of the Governor first had and obtained: Provided that the consent of the Governor- (a) shall not be required to the creation of a legal mortgage over a statutory right of occupancy in favour of a person in whose favour an equitable mortgage over the right of occupancy has already been created with the consent of the Governor; (b) shall not be required to the reconveyance or release by a mortgagee to a holder or occupier of a statutory right of occupancy which that holder or occupier has mortgaged to that mortgagee with the consent of the Governor; (c) to the renewal of a sub-lease shall not be presumed by reason only of his hav- ing consented to the grant of a sub-lease containing an option to renew the same. (2) The Governor when giving his consent to an assignment, mortgage or sub-lease may require the holder of a statutory right of occupancy to submit an instrument executed in evidence of the assignment, mortgage or sub-lease and the holder shall when so re- quired deliver the said instrument to the Governor in order that the consent given by the Governor under subsection (1) of this section may be signified by endorsement thereon. 23. Sub-underleases (1) A sub-lessee of a statutory right of occupancy may, with the prior consent of the Governor and with the approval of the holder of the statutory right of occupancy, demise by way of sub-underlease to another person the land comprised in the sub-lease held by him or any portion of the land. (2) The provisions of subsection (2) of section 22 of this Act shall apply mutatis mu- tandis to any transaction effected under subsection (1) of this section as if it were a sub- lease granted under section 22 of this Act. 24. Devolution of rights of occupancy on death The devolution of the rights of an occupier upon death shall- (a) in the case of a customary right of occupancy, unless non-customary law or any other customary law applies, be regulated by the customary law existing in the locality in which the land is situated; and (b) in the case of a statutory right of occupancy (unless any non-customary law or other customary law applies) be regulated by the customary law of the de- ceased occupier at the time of his death relating to the distribution of property of like nature to a right of occupancy: Provided that (c) no customary law prohibiting, restricting or regulating the devolution on death to any particular class of persons or the right to occupy any land shall operate to deprive any person of any beneficial interest in such land (other than the right to occupy the same) or in the proceeds of sale thereof to which he may be entitled under the rules of inheritance of any other customary law; (d) a statutory right of occupancy shall not be divided into two or more parts on devolution by the death of the occupier, except with the consent of the Gover- nor. 25. Effect of deed or will where non-customary law applies In the case of the devolution or transfer of rights to which any non-customary law ap- plies, no deed or will shall operate to create any proprietary right over land except that of a plain transfer of the whole of the rights of occupation over the whole of the land. 26. Null-and-void transactions and instruments Any transaction or any instrument which purports to confer on or vest in any person any interest or right over land other than in accordance with the provisions of this Act shall be null and void. 27. Surrender of statutory rights of occupancy The Governor may accept on such terms and conditions as he may think proper the surrender of any statutory right of occupancy granted under this Act. PART V Revocation of rights of occupancy and compensation therefor 28. Power of Governor to revoke rights of occupancy (1) It shall be lawful for the Governor to revoke a right of occupancy for overriding public interest. (2) Overriding public interest in the case of a statutory right of occupancy means- (c) the alienation by the occupier by assignment, mortgage, transfer of possession, sub-lease, or otherwise of any right of occupancy or part thereof contrary to the provisions of this Act or of any regulations made thereunder; (b) the requirement of the land by the Government of the State or by a Local Gov- ernment in the State, in either case for public purposes within the State, or the requirement of the land by the Government of the Federation for public pur- poses of the Federation; (c) the requirement of the land for mining purposes or oil pipelines or for any pur- pose connected therewith. (3) Overriding public interest in the case of a customary right of occupancy means- (a) the requirement of the land by the Government of the State or by a Local Gov- ernment in the State, in either case for public purposes within the State, or the requirement of the land by the Government of the Federation for public pur- poses of the Federation; (b)the requirement of the land for mining purposes or oil pipelines or for any pur- pose connected therewith; (c) the requirement of the land for the extraction of building materials; (d) the alienation by the occupier by sale, assignment, mortgage, transfer of possession, sub-lease, bequest or otherwise of the right of occupancy without the requisite consent or approval. (4) The Governor shall revoke a right of occupancy in the event of the issue of a no- tice by or on behalf of the President if such notice declares such land to be required by the Government for public purposes. (5) The Governor may revoke a statutory right of occupancy on the ground of- (a) a breach of any of the provisions which a certificate of occupancy is by sec- tion 10 of this Act deemed to contain; (b) a breach of any term contained in the certificate of occupancy or in any special contract made under section 8 of this Act; (c) a refusal or neglect to accept and pay for a certificate which was issued in evidence of a right of occupancy but has been cancelled by the governor under subsection (3) of section 9 of this Act. (6) The revocation of a right of occupancy shall be signified under the hand of a pub- lic officer duly authorised in that behalf by the Governor and notice thereof shall be given to the holder. (7) The title of the holder of a right of occupancy shall be extinguished on receipt by him of a notice given under subsection (6) of this section or on such later date as may be stated in the notice. 29. Compensation payable on revocation of right of occupancy by Governor in cer- tain cases (1) If a right of occupancy is revoked for the cause set out in paragraph (b) of sub- section (2) of section 28 of this Act or in paragraph (a) or (c) of subsection (3) of the same section, the holder and the occupier shall be entitled to compensation for the value at the date of revocation of their unexhausted improvements. (2) If a right of occupancy is revoked for the cause set out in paragraph (c) of subsec- tion (2) of section 28 of this Act or in paragraph (b) of subsection (3) of the same section the holder and the occupier shall be entitled to compensation under the appropriate provi- sions of the Minerals and Mining Act or the Petroleum Act or any legislation replacing the same. [Cap. M12. Cap. P10.] (3) If the holder or the occupier entitled to compensation under this section is a community the Governor may direct that any compensation payable to it shall be paid- (a) to the community; or (b) to the chief or leader of the community to be disposed of by him for the benefit of the community in accordance with the applicable customary law; or (c) into some fund specified by the Governor for the purpose of being utilised or applied for the benefit of the community. (4) Compensation under subsection (1) of this section shall be, as respects- (a) the land, for an amount equal to the rent, if any, paid by the occupier during the year in which the right of occupancy was revoked; (b)buildings, installation or improvements thereon, for the amount of the replace- ment cost of the building, installation or improvement, that is to say, such cost as may be assessed on the basis of the prescribed method of assessment as de- termined by the appropriate officer less any depreciation, together with interest at the bank rate for delayed payment of compensation and in respect of any improvement in the nature of reclamation works, being such cost thereof as may be substantiated by documentary evidence and proof to the satisfaction of the appropriate officer; (c) crops on land apart from any building, installation or improvement thereon, for an amount equal to the value as prescribed and determined by the appropriate officer. (5) Where the land in respect of which a right of occupancy has been revoked forms part of a larger area, the compensation payable shall be computed as in subsection (4) (a) of this section less a proportionate amount calculated in relation to that part of the area not affected by the revocation, but of which the portion revoked forms a part and any interest payable shall be assessed and computed in the like manner. (6) Where there is any building, installation or improvement or crops on the land to which subsection (5) of this section applies, then compensation shall be computed as specified hereunder, that is as respects- (a) such land, on the basis specified in that subsection; (b) any building, installation or improvement or corps thereon (or any combination of two or all of those things) on the basis specified in that subsection and sub- section (4) of this section, or so much of those provisions as are applicable, and any interest payable under those provisions shall be computed in the like manner. (7) For the purposes of this section, “installation” means any mechanical apparatus set up or put in position for use or materials set up in or on land or other equipment, but excludes any fixture in or on any building. 30. Reference of dispute as to compensation Where there arises any dispute as to the amount of compensation calculated in accor- dance with the provisions of section 29 of this Act, such dispute shall be referred to the appropriate Land Use and Allocation Committee.31. Exclusion of the application of the Public Lands Acquisition (Miscellaneous Provisions) Act The provisions of the Public Lands Acquisition (Miscellaneous Provisions) Act shall not apply in respect of any land vested in, or taken over by, the Governor or any local government pursuant to this Act or the right of occupancy to which is revoked under the provisions of this Act but shall continue to apply in respect of land compulsorily acquired before the commencement of this Act. [1976 No. 33.] 32. Debt due to Government not extinguished by revocation The revocation of a statutory right of occupancy shall not operate to extinguish any debt due to the Government under or in respect of such right of occupancy. 33. Option to accept resettlement in case of revocation of right of occupancy (1) Where a right of occupancy in respect of any developed land on which a residen- tial building has been erected is revoked under this Act, the Governor or the local gov- ernment, as the case may be, may in his or its discretion offer in lieu of compensation payable in accordance with the provisions of this Act, resettlement in any other place or area by way of a reasonable alternative accommodation (if appropriate in the circum- stances). (2) Where the value of any alternative accommodation as determined by the appro- priate officer or the Land Use and Allocation Committee is higher than the compensation payable under this Act, the parties concerned may by agreement require that the excess in value in relation to the property concerned shall be treated as a loan which the person affected shall refund or repay to the Government in the prescribed manner. (3) Where a person accepts a resettlement pursuant to subsection (1) of this section, his right to compensation shall be deemed to have been duly satisfied and no further compensation shall be payable to such person. PART VI Transitional and other related provisions 34. Transitional provisions on land in urban areas (1) The following provisions of this section shall have effect in respect of land in an urban area vested in any person immediately before the commencement of this Act. (2) Where the land is developed the land shall continue to be held by the person in whom it was vested immediately before the commencement of this Act as if the holder of the land was the holder of a statutory right of occupancy issued by the Governor under this Act. (3) In respect of land to which subsection (2) of this section applies there shall be is- sued by the Governor on application to him in the prescribed form a certificate of occu- pancy if the Governor is satisfied that the land was, immediately before the commence- ment of this Act, vested in that person. (4) Where the land to which subsection (2) of this section applies was subject to any mortgage, legal or equitable, or any encumbrance or interest valid in law such land shall continue to be so subject and the certificate of occupancy issued, shall indicate that the land is so subject, unless the continued operation of the encumbrance or interest would in the opinion of the Governor be inconsistent with the provisions, or general intendment of this Act. (5) Where on the commencement of this Act the land is undeveloped, then- (a) one plot or portion of the land not exceeding half of one hectare in area shall, subject to subsection (6) of this section, continue to be held by the person in whom the land was so vested as if the holder of the land was the holder of a statutory right of occupancy granted by the Governor in respect of the plot or portion as aforesaid under this Act; and (b) all the rights formerly vested in the holder in respect of the excess of the land shall on the commencement of this Act be extinguished and the excess of the land shall be taken over by the Governor and administered as provided in this Act. (6) Paragraph (a) of subsection (5) of this section shall not apply in the case of any person who was on the commencement of this Act also the holder of any undeveloped land elsewhere in any urban area in the State and in respect of such a person all his hold- ings of undeveloped land in any urban area in the State shall be considered together and out of the undeveloped land so considered together- (a) one plot or portion not exceeding half of one hectare in area shall continue to be held by such a person as if a right of occupancy had been granted to him by the Governor in respect of that plot or portion; and (b) the remainder of the land (so considered together) in excess of half of one hectare shall be taken over by the Governor and administered in accordance with this Act and the rights formerly vested in the holder in respect of such land shall be extinguished. (7) No land to which subsection (5) (a) or (6) of this section applies held by any per- son shall be further subdivided or laid out in plots and no such land shall be transferred to any person except with the prior consent in writing of the Governor. (8) Any instrument purporting to transfer any undeveloped land in contravention of subsection (7) of this section shall be void and of no effect whatsoever in law and any party to any such instrument shall be guilty of an offence and liable on conviction to im- prisonment for one year or a fine of N5,000. (9) In relation to land to which subsection (5) (a) or (6) (a) of this section applies there shall be issued by the Governor on application therefor in the prescribed form a certificate of occupancy if the Governor is satisfied that the land was immediately before the commencement of this Act vested in that person. 35. Compensation for improvements in certain cases (1) Section 34 of this Act shall have effect notwithstanding that the land in question was held under a leasehold, whether customary or otherwise, and formed part of an estate laid out by any person, group or family in whom the leasehold interest or reversion in respect of the land was vested immediately before the commencement of this Act, so however that if there has been any improvements on the land effected by the person, group or family in whom the leasehold interest or reversion was vested as aforesaid the Governor shall, in respect of the improvements, pay to that person, group or family, com- pensation computed as specified in section 29 of this Act. (2) There shall be deducted from the compensation payable under subsection (1) of this section, any levy by way of development or similar charges paid in respect of the improvements on the land by the lessee to the person, group or family in whom the lease- hold interest or reversion was vested and the amount to be deducted shall be determined by the Governor taking into consideration all the circumstances of the case. 36. Transitional provisions on land not in urban areas (1) The following provisions of this section shall have effect in respect of land not in an urban area which was immediately before the commencement of this Act held or oc- cupied by any person. (2) Any occupier or holder of such land, whether under customary rights or otherwise howsoever, shall if that land was on the commencement of this Act being used for agri- cultural purposes, continue to be entitled to possession of the land for use for agricultural purposes as if a customary right of occupancy had been granted to the occupier or holder thereof by the appropriate local government and the reference in this subsection to land being used for agricultural purposes includes land which is, in accordance with the cus- tomary law of the locality concerned, allowed to lie fallow for purposes of recuperation of the soil. (3) On the production to the local government by the occupier of such land, at his discretion, of a sketch or diagram or other sufficient description of the land in question and on application there for in the prescribed form the Local Government shall, if satisfied that the occupier or holder was entitled to the possession of such land whether under cus- tomary rights or otherwise howsoever, and that the land was being used for agricultural purposes at the commencement of this Act, register the holder or occupier as one to whom a customary right of occupancy had been issued in respect of the land in question. (4) Where the land is developed, the land shall continue to be held by the person in whom it was vested immediately before the commencement of this Act as if the holder of the land was the holder of a customary right of occupancy issued by the Local Govern- ment, and if the holder or occupier of such developed land, at his discretion, produces a sketch or diagram showing the area of the land so developed, the Local Government shall, if satisfied that that person immediately before the commencement of this Act has the land vested in him, register the holder or occupier as one in respect of whom a cus- tomary right of occupancy has been granted by the Local Government. (5) No land to which this section applies shall be sub-divided or laid out in plots and no such land shall be transferred to any person by the person in whom the land was vested as aforesaid. (6) Any instrument purporting to transfer any land to which this section relates shall be void and of no effect whatsoever in law and every party to any such instrument shall be guilty of an offence and liable on conviction to a fine of N5,000 or to imprisonment for one year. 37. Penalty for false claims, etc., in respect of land If any person other than one in whom any land was lawfully vested immediately be- fore the commencement of this Act enters any land in purported exercise of any right in relation to possession of the land or makes any false claim in respect of the land to the Governor or any Local Government for any purpose under this section he shall be guilty of an offence and liable on conviction to imprisonment for one year or to a fine of N5,000. 38. Preservation of power of Governor to revoke rights of occupancy Nothing in this Part shall be construed as precluding the exercise by the Governor or as the case may be the Local Government concerned of the powers to revoke, in accor- dance with the applicable provisions of this Act, rights of occupancy, whether statutory or customary, in respect to any land to which this Part of this Act relates. PART VII Jurisdiction of High Courts and other courts 39. Jurisdiction of High Courts (1) The High Court shall have exclusive original jurisdiction in respect of the follow- ing proceedings- (a) proceedings in respect of any land the subject of a statutory right of occupancy granted by the Governor or deemed to be granted by him under this Act; and for the purposes of this paragraph, proceedings includes proceedings for a declaration of title to a statutory right of occupancy; (b) proceedings to determine any question as to the persons entitled to compensation payable for improvements on land under this Act. . (2) All laws, including rules of court, regulating the practice and procedure of the High Court shall apply in respect of proceedings to which this section relates and the laws shall have effect with such modifications as would enable effect to be given to the provisions of this section. 40. Special provisions in respect of pending proceedings Where on the commencement of this Act proceedings had been commenced or were pending in any court or tribunal (whether at first instance or on appeal) in respect of any question concerning or pertaining to title to any land or interest therein, such proceedings may be continued and be finally disposed of by the court concerned but any order or de- cision of the court shall only be as respects the entitlement of either of the parties to the proceedings to a right of occupancy, whether statutory or customary, in respect of such land as provided in this Act. 41. Jurisdiction of area courts or customary courts, etc. An area court or customary court or other court of equivalent jurisdiction in a State shall have jurisdiction in respect of proceedings in respect of a customary right of occu- pancy granted by a Local Government under this Act; and for the purposes of this para- graph “proceedings” includes proceedings for a declaration of title to a customary right of occupancy and all laws including rules of court regulating practice and procedure of such courts shall have effect with such modifications as would enable effect to be given to this section. 42. Proceedings for recovery of rent in respect of certificate of occupancy, etc. (1) Proceedings for the recovery of rent payable in respect of any certificate of occu- pancy may be taken before a magistrate’s court of competent jurisdiction by and in the name of the Chief Lands Officer or by and in the name of any other officer appointed by the Governor in that behalf. (2) Proceedings for the recovery of rent payable in respect of any customary right of occupancy may be taken by and in the name of the local government concerned in the area court or customary court or any court of equivalent jurisdiction. PART VIII Supplemental 43. Prohibition of and penalties for unauthorised use of land (1) Save as permitted under section 34 of this Act, as from the commencement of this Act no person shall in an urban area- (a) erect any building, wall, fence or other structure upon; or (b) enclose, obstruct, cultivate or do any act on or in relation to, any land which is not the subject of a right of occupancy or licence lawfully held by him or in respect of which he has not received the permission of the Governor to enter and erect improvements prior to the grant to him of a right of occupancy. (2) Any person who contravenes any of the provisions of subsection (1) of this sec- tion shall on being required by the Governor so to do and within the period of time fixed by the Governor, remove any building, wall, fence, obstruction, structure or thing which he may have caused to be placed on the land and he shall put the land in the same condi- tion as nearly as may be in which it was before such contravention. (3) Any person who contravenes any of the provisions of subsection (1) of this sec- tion shall be guilty of an offence and liable on conviction to imprisonment for one year or to a fine of N5,000. (4) Any person who fails or refuses to comply with a requirement made by the Gov- ernor under subsection (2) of this section shall be guilty of an offence and liable on con- viction to a fine of N100 for each day during which he makes default in complying with the requirement of the Governor. 44. Service of notices Any notice required by this Act to be served on any person shall be effectively served on him- (a) by delivering it to the person on whom it is to be served; or (b) by leaving it at the usual or last known place of abode of that person; or (c) by sending it in a prepaid registered letter addressed to that person at his usual or last known place of abode; or (d) in the case of an incorporated company or body, by delivering it to the secre- tary or clerk of the company or body at its registered or principal office or sending it in a prepaid registered letter addressed to the secretary or clerk of the company or body at that office; or (e) if it is not practicable after reasonable inquiry to ascertain the name or address of a holder or occupier of land on whom it should be served, by addressing it to him by the description of “holder” or “occupier” of the premises (naming them) to which it relates, and by delivering it to some person on the premises or, if there is no person on the premises to whom it can be delivered, by affix- ing it, or a copy of it, to some conspicuous part of the premises. 45. Delegation of powers (1) The Governor may delegate to the State Commissioner all or any of the powers conferred on the Governor by this Act, subject to such restrictions, conditions and quali- fications, not being inconsistent with the provisions, or general intendment, of this Act as the Governor may specify. (2) Where the power to grant certificates has been delegated to the State Commis- sioner, such certificates shall be expressed to be granted on behalf of the Governor. 46. Power to make regulations (1) The National Council of States may make regulations for the purpose of carrying this Act into effect and particularly with regard to the following matters- (a) the transfer by assignment or otherwise howsoever of any rights of occupancy, whether statutory or customary, including the conditions applicable to the transfer of such rights to persons who are not Nigerians; (b) the terms and conditions upon which special contracts may be made under section 8 of this Act; (c) the grant of certificates of occupancy under section 9 of this Act; (d) the grant of temporary rights of occupancy; (e) the method of assessment of compensation for the purposes of section 29 of this Act. (2) The Governor may, subject to subsection (1) of this section, make regulations with regard to the following matters- (a) the method of application for any licence or permit and the terms and condi- tions under which licences may be granted; (b) the procedure to be observed in revising rents; (c) the fees to be paid for any matter or thing done under this Act; (d) the forms to be used for any document or purpose. 47. Exclusion of certain proceedings (1) This Act shall have effect notwithstanding anything to the contrary in any law or rule of law including the Constitution of the Federal Republic of Nigeria 1999 and, without prejudice to the generality of the foregoing, no court shall have jurisdiction to inquire into- [Cap. C23.] (a) any question concerning or pertaining to the vesting of all land in the Governor in accordance with the provisions of this Act; or (b) any question concerning or pertaining to the right of the Governor to grant a statutory right of occupancy in accordance with the provisions of this Act; or (c) any question concerning or pertaining to the right of a local government to grant a customary right of occupancy under this Act. (2) No court shall have jurisdiction to inquire into any question concerning or per- taining to the amount or adequacy of any compensation paid or to be paid under this Act. 48. Modification of existing laws All existing laws relating to the registration of title to, or interest in, land or the trans- fer of title to or any interest in land shall have effect subject to such modifications (whether by way of addition, alteration or omission) as will bring those laws into con- formity with this Act or its general intendment. 49. Exemption with respect to Federal Government lands, etc. (1) Nothing in this Act shall affect any title to land, whether developed or undevel- oped, held by the Federal Government or any agency of the Federal Government at the commencement of this Act and, accordingly, any such land shall continue to vest in the Federal Government or the agency concerned. (2) In this section, “agency” includes any statutory corporation or any other statutory body (whether corporate or unincorporate) or any company wholly owned by the Federal Government. 50. Validity of laws, etc. (1) Notwithstanding anything to the contrary in this Act or any other enactment, all laws and subsidiary legislation made at any time between the commencement of this Act and 30 September 1979 by an Administrator (or former Governor), the Executive Coun- cil, a Commissioner or any other authority or any public officer of a State shall be deemed to have been validly made and shall have effect as if they had been made under or pursuant to the Act and accordingly, shall hereafter continue to have effect according to their tenor and intendment as if they were regulations made under or pursuant to sec- tion 46 of this Act. (2) For the purposes of subsection (1) of this section- (a) all contracts and all executive and judicial acts, including acts pertaining to the establishment, membership and functions of any Land Use and Allocation Committee or of any other authority or to the appointment of any person, shall be deemed to have been validly entered into or done and shall hereafter con- tinue to have effect as provided in the said subsection; and (b) any instrument or other evidence relating to the allocation of any land, whether or not expressed to have been made under this Act, shall be deemed to have been validly issued or given under or pursuant to this Act and shall continue to have effect according to its tenor and intendment accordingly. 51. Interpretation (1) In this Act, unless the context otherwise requires- “agricultural purposes” includes the planting of any crops of economic value; includes the planting of any crops of economic value; “appropriate officer” means the Chief Lands Officer of a State and in the case of the Federal Capital Territory, Abuja, means the Chief Federal Lands Officer; “customary right of occupancy” means the right of a person or community lawfully using or occupying land in accordance with customary law and includes a customary right of occupancy granted by a local government under this Act; “developed land” means land where there exists any physical improvement in the nature of road development services, water, electricity, drainage, building, structure or such improvement that may enhance the value of the land for industrial, agricultural or residential purposes; “easement” means a right annexed to land to utilise other land in different holding in a particular manner (not involving the taking of any part of the natural produce of that land or of any part of its soil) or to prevent the holder of the other land from utilising his land in a particular manner; “Government”means the Government of the Federation or the Government of a State; “Governor” means the Governor of the State concerned; “grazing purposes” includes only such agricultural operations as are required for growing fodder for livestock on the grazing area; “High Court” means the High Court of the State concerned; “holder” in relation to a right of occupancy, means a person entitled to a right of oc- cupancy and includes any person to whom a right of occupancy has been validly assigned or has validly passed on the death of a holder but does not include any person to whom a right of occupancy has been sold or transferred without a valid assignment, nor a mortga- gee, sub-lessee or sub-underlessee;“improvements” or “unexhausted improvements” means anything of any quality permanently attached to the land, directly resulting from the expenditure of capital or labour by an occupier or any person acting on his behalf, and increasing the productive capacity, the utility or the amenity thereof and includes buildings, plantations of long- lived crops or trees, fencing, a well, roads and irrigation or reclamation works, but does not include the result of ordinary cultivation other than growing produce; “interest at the bank rate” means a simple interest payable at the rate per cent per annum at which the Central Bank of Nigeria will rediscount bills of exchange; “local government” means the appropriate local government or any other body hav- ing or exercising the powers of a local government as provided by law in respect of the area where the land in question is situated; “mortgage” includes a second and subsequent mortgage and equitable mortgage; “occupier” means any person lawfully occupying land under customary law and a person using or occupying land in accordance with customary law and includes the sub- lessee or sub-lessee of a holder;“public purposes” includes- (a) for exclusive Government use or for general public use; (b) for use by any body corporate directly established by law or by any body cor- porate registered under the Companies and Allied Matters Act as respects which the Government owns shares, stocks or debentures; [Cap. C20.] (c) for or in connection with sanitary improvements of any kind; (d) for obtaining control over land contiguous to any part or over land the value of which will be enhanced by the construction of any railway, road or other pub- lic work or convenience about to be undertaken or provided by the Government; (e) for obtaining control over land required for or in connection with development of telecommunications or provision of electricity; (f) for obtaining control over land required for or in connection with mining pur- poses; (g) for obtaining control over land required for or in connection with planned ur- ban or rural development or settlement; (h) for obtaining control over land required for or in connection with economic, industrial or agricultural development; (i) for educational and other social services; “statutory right of occupancy” means a right of occupancy granted by the Governor under this Act; “sub-lease” includes a sub-underlease; “urban area” means such area of the State as may be designated as such by the Gov- ernor pursuant to section 3 of this Act. (2) The powers of a Governor under this Act shall, in respect of land comprised in the Federal Capital Territory, Abuja, or any land held or vested in the Federal Govern- ment in any State, be exercisable by the President or any Minister designated by him in that behalf and references in this Act to Governor shall be construed accordingly. 52. Short title This Act may be cited as the Land Use Act. LAND USE ACT SUBSIDIARY LEGISLATION No Subsidiary Legislation
LAND USE ACT (VALIDATION OF CERTAIN LAWS, ETC.) ACT ARRANGEMENT OF SECTIONS SECTION
LAND USE ACT (VALIDATION OF CERTAIN LAWS, ETC.) ACT An Act to regularise the issuance of regulations by State Governments pursuant to the Land Use Act. [1979 No. 94.] [28th September, 1979] [Commencement.]
(1) Notwithstanding anything to the contrary in the Land Use Act or any other en- actment, all laws, and subsidiary legislation made at any time between the commence- ment of the Land Use Act and 30th September 1979 by a Military Administrator (or for- mer Military Governor), the Executive Council, a Commissioner or any other authority or any public officer of a State shall be deemed to have been validly made and shall have effect as if they had been made under or pursuant to the Land Use Act and accordingly, shall hereafter continue to have effect according to their tenor and intendment as if they were regulations made under or pursuant to section 46 of that Act. [Cap. L5.] (2) For the purposes of subsection (1) of this section- (a) all contracts and all executive and judicial acts, including acts pertaining to the establishment, membership and functions of any Land Use and Allocation Committee or of any other authority or to the appointment of any person, shall be deemed to have been validly entered into or done and shall hereafter con- tinue to have effect as provided in the said subsection; and (b) any instrument or other evidence relating to the allocation of any land, whether or not expressed to have been made under the Land Use Act, shall be deemed to have been validly issued or given under or pursuant to that Act and shall continue to have effect according to its tenor and intendment accordingly. [Cap. L5.]
This Act may be cited as the Land Use Act (Validation of Certain Laws, etc.) Act. LAND USE ACT (VALIDATION OF CERTAlN LAWS, ETC.) ACT SUBSIDIARY LEGISLATION No Subsidiary Legislation Source: Policy and Legal Advocacy Centre
LOAN ACT ARRANGEMENT OF SECTIONS SECTION
LOAN ACT An Act to authorise the raising outside Nigeria of a loan or loans not exceeding eighty million naira for purposes in connection with the Economic Programmes and Development Programmes of the Government of the Federation and of other governments in Nigeria and with certain statutory corporations, and to repeal the Loans Act, 1954. [1960 No. 7.] [12th May, 1960] [Commencement. ] 1. Short title This Act may be cited as the Loans Act.2.Interpretation In this Act- “Federal statutory corporation” means a statutory corporation incorporated directly by a law enacted by the National Assembly or having effect as if it had been so enacted; “Minister” means the Minister for the time being charged with responsibility for matters relating to finance. 3.Authority to raise loan (1) The Minister is hereby authorised to raise a loan or loans outside Nigeria not ex- ceeding in the aggregate the sum of eighty million naira and such further sum or sums as may be necessary to defray expenses in connection with the raising thereof. (2) Such loan or loans shall be raised in any manner provided by- (a) the General Loan and Stock Act; or [Cap. G2.] (b) the Government Promissory Notes Act [Cap. G4.] (3) References in any of the Acts referred to in subsection (2) of this section to the general revenue and assets of the Colony shall, for the purposes of this Act, be construed as references to the general revenue and assets of the Federation. 4.Application of loan The sums raised under the provisions of this Act, shall, save in respect of the amount or amounts necessary to defray the expenses in connection with the raising thereof, be appropriated and applied in respect of the following purposes- (a) for the Economic Programme of the Government of the Federation as set out in Sessional Paper No. 2 of 1956 and approved by resolution of the House of Representatives on the 15th March 1956, as such may be amended from time to time; (b) for lending, in accordance with such terms and conditions as may be approved by the Minister, to the Government of any State, if a Law has been enacted by the House of Assembly of that State- (i) empowering the Government of that State to borrow money from the Government of the Federation; (ii) charging any such loan on the revenues of that State; (iii) providing that the purposes to which any such loan may be applied shall be limited to meeting in whole or in part capital expenditure com- prising part of a development programme approved by the House of Assembly of that State; (c) lending to any Federal statutory corporation, which is empowered under the provisions of any law enacted by the National Assembly or having effect as if it had been so enacted to borrow money. 5.Repeal The Loans Act, 1954, is repealed. [No. 19 of 1954.] LOAN ACTSUBSIDIARY LEGISLATION No Subsidiary Legislation
LOAN (STATE DEVELOPMENT) ACT ARRANGEMENT OF SECTIONS SECTION
LOAN (STATE DEVELOPMENT) ACT An Act to authorise the borrowing of a sum not exceeding three million pounds from Her Majesty’s Government for purposes in connection with the Develop- ment Programmes of State Governments, and to repeal the Loan (State Devel- opment) Act 1960. [1960 No. 28.] [8th September, 1960][Commencement.] 1. Short title This Act may be cited as the Loan (State Development) Act. 2. Power to raise loan The Government of the Federal Republic of Nigeria may from time to time raise a sum or sums of money not exceeding in the whole the sum of three million pounds ster- ling by means of a loan made by the Secretary of State with the approval of Her Maj- esty’s Treasury in accordance with section 2 of the Colonial Development and Welfare Act, 1959.3.Application of loan The sum or sums raised under the provisions of this Act shall be appropriated and ap- plied for lending, in accordance with such terms and conditions as may be approved by the Minister of the Government of the Federation charged with responsibility for matters relating to finance and economic development to the Government of any State, if a law has been enacted by the House of Assembly of that State- (a) empowering the Government of that State to borrow money from the Govern- ment of the Federal Republic of Nigeria; (b) providing for repayment by equal annual instalments of principal and interest combined to extinguish the loan within an appropriate period; and (c)providing that the purposes to which any such loans may be applied shall be limited to meeting in whole or part capital expenditure comprising part of a development programme set out in the Capital Estimates and approved by the House of Assembly of that State. 4. Repayment The sum or sums raised under the provisions of this Act shall be repaid by equal an- nual instalments of principal and interest combined to extinguish the loan within a period to be agreed between the said Minister and the Secretary of State, and such payments shall commence on the first anniversary of the date of issue of any such loan or loans. 5.Certain development programmes approved It is hereby declared that the development programmes set out in the Capital Esti- mates approved by the House of Assembly of the Northern States and the Capital Esti- mates approved by the Houses of Assembly of the Eastern States for the year commenc- ing 1 st April, 1960, are approved by the National Assembly of the Federal Republic of Nigeria for the purposes of section 2 of the said Act. 6. Repeal The Loan (State Development) Act, 1960, is repealed. [No. 9 of 1960.] LOAN (STATE DEVELOPMENT) ACT SUBSIDIARY LEGISLATION No Subsidiary Legislation Source: Policy and Legal Advocacy Centre
PATENTS AND DESIGNS ACT ARRANGEMENT OF SECTIONS Patents SECTION
2. Right to patent. 3. Patent applications. 4. Examination of application and grant of patent. 5. Form of grant, registration and publication. 6. Rights conferred by patent. 7. Duration and lapse of patent. 8. Surrender of patent. 9. Nullity of patent. 10. Licences of right. 11. Compulsory licences and official use. Designs 12. Nature of industrial design. 13. Registrable designs. 14. Right to registration. 15. Applications for registration. 16. Examination of applications for registration. 17. Registration and publication. 18. Applications under sealed cover. 19. Rights conferred by registration. 20. Duration and renewal of registration. 21. Renunciation of registration. 22. Nullity of registration. General 23. Contractual licences. 24. Assignments, transfers and joint ownership. 25. Infringement of rights. 26. Legal proceedings. 27. Foreign priority. 28. Registration: miscellaneous provisions. 29. Effect against the State. 30. Rules. 31. Repeals, and transitional and saving provisions. SECTION 32. Interpretation. 33. Short title. SCHEDULES FIRST SCHEDULE Compulsory licences and use of patents for service of government agencies SECOND SCHEDULE Transitional and saving provisions An Act to make comprehensive provisions for the registration and proprietorship of patents and designs in Nigeria and other matters ancillary thereto. [1970 No. 60. L.N. 53 of 1971.] [ 1st December, 1971] [Commencement.] Patents 1. Patentable inventions (1) Subject to this section, an invention is patentable– (a) if it is new, results from inventive activity and is capable of industrial applica- tion; or (b) if it constitutes an improvement upon a patented invention and also is new, results from inventive activity and is capable of industrial application. (2) For the purposes of subsection (1) of this section� (a) an invention is new if it does not form part of the state of the art; (b) an invention results from inventive activity if it does not obviously follow from the state of the art, either as to the method, the application, the combina- tion of methods, or the product which it concerns, or as to the industrial result it produces; and (c) an invention is capable of industrial application if it can be manufactured or used in any kind of industry, including agriculture. (3) In subsection (2) of this section, “the art” means the art or field of knowledge to which an invention relates and “the state of the art” means everything concerning that art or field of knowledge which has been made available to the public anywhere and at any time whatever (by means of a written or oral description, by use or in any other way) be- fore the date of the filing of the patent application relating to the invention or the foreign priority date validly claimed in respect thereof, so however that an invention shall not be deemed to have been made available to the public merely by reason of the fact that, within the period of six months preceding the filing of a patent application in respect of the invention, the inventor or his successor in title has exhibited it in an official or offi- cially recognised international exhibition. (4) Patents cannot be validly obtained in respect of- (a) plant or animal varieties, or essentially biological processes for the production of plants or animals (other than microbiological processes and their products); or (b) inventions the publication or exploitation of which would be contrary to public order or morality (it being understood for the purposes of this paragraph that the exploitation of an invention is not contrary to public order or morality merely because its exploitation is prohibited by law). (5) Principles and discoveries of a scientific nature are not inventions for the pur- poses of this Act. 2. Right to patent (l) Subject to this section, the right to a patent in respect of an invention is vested in the statutory inventor, that is to say, the person who, whether or not he is the true inven- tor, is the first to file, or validly to claim a foreign priority for, a patent application in re- spect of the invention. (2) The true inventor is entitled to be named as such in the patent, whether or not he is also the statutory inventor, and the entitlement in question shall not be modifiable by contract. (3) If the essential elements of a patent application have been obtained by the pur- ported applicant from the invention of another person (or from that other person’s succes- sor in title) without the consent of that other person (or his said successor) both to the obtaining of those essential elements and to the filing of the application, all rights in the application and in any patent granted in pursuance of it shall be deemed to be transferred to that other person or his said successor, as the case may be. (4) Where an invention is made in the course of employment or in the execution of a contract for the performance of specified work, the right to a patent in the invention is vested in the employer or, as the case may be, in the person who commissioned the work: Provided that, where the inventor is an employee, then– (a) if- (i) his contract of employment does not require him to exercise any in- ventive activity but he has in making the invention used data or means that his employment has put at his disposal; or (ii) the invention is of exceptional importance, he is entitled to fair remuneration taking into account his salary and the im- portance of the invention; and (b) the entitlement in question is not modifiable by contract and may be enforced by civil proceedings. (5) A person is not an inventor for the purposes of this section if he has merely as- sisted in doing work connected with the development of an invention without contribut- ing any inventive activity. 3. Patent applications (1) Every patent application– (a) shall be made to the registrar and shall contain– (i) the applicant’s full name and address and, if that address is outside Nigeria, an address for service in Nigeria; (ii) a description of the relevant invention with any appropriate plans and drawings; (iii) a claim or claims; and (iv) such other matter as may be prescribed; and (b) shall be accompanied by- (i) the prescribed fees; (ii) where appropriate, a declaration signed by the true inventor requesting that he be mentioned as such in the patent and giving his name and ad- dress; and (iii) if the application is made by an agent, a signed power of attorney (so however that, notwithstanding any rule of law, legalisation or certifica- tion of the signature of the power of attorney shall be unnecessary). (2) The description referred to in subsection (l) (a) (ii) of this section shall disclose the relevant invention in a manner sufficiently clear and complete for the invention to be put into effect by a person skilled in the art or field of knowledge to which the invention relates; and the claim or claims referred to in subsection (1) (a) (iii) of this section shall define the protection sought and shall not go beyond the limits of the said description. (3) A patent application shall relate to only one invention, but may include in con- nection with that invention– (a) claims– (i) for any number of products; (ii) for any number of manufacturing processes for those products; and (iii) for any number of applications of those products; and (b) claims– (i) for any number of processes; and (ii) for the means of working those processes, for the resulting product or products and for the application of those products. (4) Where the applicant for a patent seeks to avail himself of a foreign priority in re- spect of an earlier application made in a country outside Nigeria– (a) he shall append to his application under subsection (1) of this section a written declaration showing- (i) the date and number of the earlier application; (ii) the country in which the earlier application was made; and (iii) the name of the person who made the earlier application; and (b) not more than three months after the making of the application under subsec- tion (1) of this section, he shall furnish the registrar with a copy of the earlier application certified correct by the Industrial Property Office (or its equivalent) in the country where the earlier application was made. 4. Examination of application and grant of patent (1) The registrar shalt examine every patent application as to its conformity with sub- sections (1), (3) and (4) of section 3 of this Act, and– (a) if subsection (1) of section 3 of this Act has not been complied with, the regis- trar shalt reject the application; (b) if subsection (3) of section 3 of this Act has not been complied with, the regis- trar shall– (i) invite the applicant to restrict the application so that it relates to only one invention; and (ii) notify the applicant that he may within three months file in respect of the other inventions dealt with in the original application subsidiary applications which shall benefit from the date of filing of the original application and, if relevant, from the date of any foreign priority claimed under subsection (4) of section 3 of this Act, and, if the appli- cant does not comply with the invitation mentioned in sub-para- graph (i) of this subsection, shall reject the application; and (c) if subsection (4) of section 3 of this Act has not been complied with, the regis- trar shall disregard any claim for foreign priority. (2) Where the examination mentioned in subsection (1) of this subsection shows that a patent application satisfies the requirements of subsections (1) and (3) of section 3 of this Act, the patent shall be granted as applied for without further examination and, in particular, without examination of the quesrions-s- (a) whether the subject of the application is patentable under section I of this Act; (b) whether the description and claims satisfy the requirements of subsection (2) of section 3 of this Act; and (c) whether a prior application, or an application benefiting from a foreign prior- ity, has been made in Nigeria in respect of the same invention, and whether a patent has been granted as a result of such an application. (3) Where the said examination shows that subsection (4) of section 3 of this Act has been complied with as respects a claim for a foreign priority, the foreign priority claimed shalt be mentioned in the patent. (4) Patents are granted at the risk of the patentee and without guarantee of their va- lidity. Form of grant, registration and publication (1) A patent shall be granted by issue to the patentee of a document containing- (a) the number of the patent in the order of grant; (b) the name and address of the patentee and, if that address is outside Nigeria, an address for service in Nigeria; (c) the dates of the patent application and the grant; (d) if foreign priority is claimed– (i) an indication of the fact; and (ii) the number and date of the application on which the claim is based and the name of the country where it was made; (e) the description of the invention (with any relevant plans and drawings) and the claims; and (f) where appropriate, the name and address of the true inventor. (2) The registrar shall maintain a Register of Patents which shall consist of duplicates of the documents issued under subsection (1) of this section, together with such further matter as is required by this Act to be registered. (3) As soon as may be after a patent has been granted under subsection (1) of this section, the registrar shall cause to be published– (a) a notification of the grant containing the details mentioned in paragraphs (a) to (f) of that subsection (except the description and the plans and drawings, if any); or (b) if a summary form of notification is prescribed, a notification in that form. 6. Rights conferred by patent (1) A patent confers upon the patentee the right to preclude any other person from doing any of the following acts— (a) where the patent has been granted in respect of a product, the act of making, importing, selling or using the product, or stocking it for the purpose of sale or use; and (b) where the patent has been granted in respect of a process, the act of applying the process or doing, in respect of a product obtained directly by means of the process, any other acts mentioned in paragraph (a) of this subsection. (2) The scope of the protection conferred by a patent shall be determined by the terms of the claims; and the description (and the plans and drawings, if any) included in the patent shall be used to interpret the claims. (3) The rights under a patent- (a) shall extend only to acts done for industrial or commercial purposes; and (b) shall not extend to acts done in respect of a product covered by the patent after the product has been lawfully sold in Nigeria, except in so far as the patent makes provision for a special application of the product, in which case the special application shall continue to be reserved to the patentee notwithstand- ing this paragraph. (4) Where, at the date of the filing of a patent application in respect of a product or process or at the date of a foreign priority validly claimed in respect of the application, a person other than the applicant- (a) was conducting an undertaking in Nigeria; and (b) in good faith and for the purposes of the undertaking, was manufacturing the product or applying the process or had made serious preparations with a view to doing so, then, notwithstanding the grant of a patent, there shall exist a right (exercisable by the person for the time being conducting the undertaking, and not otherwise) to continue the manufacture or application, or to continue and complete the preparation, and thereafter undertake the manufacture or application, as the case may be, and in respect of any re- sulting products to do any other act mentioned in subsection (1) of this section. 7. Duration and lapse of patent (1) Subject to this Act, a patent shall expire at the end of the twentieth year from the date of the filing of the relevant patent application. (2) A patent shall lapse if the prescribed annual fees are not duly paid in respect of it: Provided that- (a) a period of grace of six months shall be allowed for the payment of the fees; and (b) if the fees and any prescribed surcharge are paid within that period, the patent shall continue as if the fees had been duly paid. (3) The expiration or lapse of a patent shall be registered and notified. 8. Surrender of patent (1) Subject to subsection (2) of this section, a patent may be surrendered by the paten- tee by written declaration addressed to the registrar. (2) The surrender of a patent– (a) may relate to all or any of the claims made by the patent; (b) subject to paragraph (d) of this subsection, shall be registered and notified; (c) shall not be effective until it has been registered; and (d) if it relates to a patent as to which a contractual licence or licence of right is registered, shall be registered only if it is accompanied by the written consent of the licensee. 9. Nullity of patent (1) Subject to this section, on the application of any person (including a public officer acting in the exercise of his functions) the court shall declare a patent null and void– (a) if the subject of the patent is not patentable under section 1 of this Act; or (b) if the description of the invention or the claim does not conform with subsec- tion (2) of section 3 of this Act; or (c) if for the same invention a patent has been granted in Nigeria as the result of a prior application or an application benefiting from an earlier foreign priority. (2) Subsection (1) of this section may apply to the whole of a patent or to any par- ticular claim or claims made by it. (3) For the purpose of disposing of an application under subsection (1) of this sec- tion, the court on the motion of the applicant or of its own motion may require the paten- tee of the relevant patent to produce in evidence any of the following– (a) a list of any publications or earlier patents referred to in connection with a pat- ent application made in respect of the same invention by the patentee to the appropriate authority in any country outside Nigeria; (b) any proceedings relating to the patent application in question or any patent granted in pursuance of it; and (c) any publications or patents mentioned in any report sent to the patentee by a governmental or intergovernmental research or investigation institute. (4) Where a declaration is made under subsection (1) of this sectiorr- (a) the patent in question shall be deemed to have been null and void since the date of its grant, so however that it shall not be necessary to repay royalties paid by any licensee unless the court so orders; and (b) the proper officer of the court shall inform the registrar, who shall register and notify the declaration. (5) The court – (a) shall not make a declaration under subsection (l) of this section without first giving the patentee an opportunity to be heard; (b) in applying subsection (1) of this section, shall have regard only to the state of affairs existing when the proceedings were instituted; and (c) shall dismiss an application under subsection (l) of this section if the applicant (not being a public officer) fails to satisfy the court that he has a material inter- est in making the application. 10. Licences of right (1) Subject to this section, if a patentee (not being precluded by the terms of any pre- viously registered licence from granting a further licence) applies in writing to the regis- trar for the words “licences of right” to be registered in respect of his patent, the registrar shall enter the words accordingly in the register and notify the entry. (2) Where an entry is made under subsection (1) of this section in respect of a pat- ent’- (a) any person shall have the right to obtain a licence to exploit the patent on such terms as, failing agreement between that person and the patentee, shall be fixed by the court on the application of that person; and (b) the amount of the annual fees payable in respect of the patent shall be reduced by half, the reduction first taking effect in relation to the annual fees first pay- able after the date of the entry. (3) A patentee may at any time apply to the registrar for an entry under subsection (1) of this section to be cancelled; and, if no licences have been granted under this section or all the grantees agree, the registrar shall thereupon cancel the entry and notify the can- cellation, but only after payment of all annual or other fees which would have been pay- able if the entry had never been made. (4) The grantee of a licence under this section shall not be entitled to assign the li- cence or grant further licences under it. (5) Subsections (1) (b), (2) (a), (3) and (6) of section 23 of this Act shall apply in re- lation to licences granted under this section as they apply to licences and contracts under section 23 of this Act. 11. Compulsory licences and official use The provisions of the First Schedule to this Act shall have effect in relation to com- pulsory licences and the use of patents for the service of government agencies. [First Schedule.] Designs 12. Nature of industrial design Any combination of lines or colours or both, and any three-dimensional form, whether or not associated with colours, is an industrial design, if it is intended by the creator to be used as a model or pattern to be multiplied by industrial process and is not intended solely to obtain a technical result. 13. Registrable designs (1) Subject to this section, an industrial design is registrable if– (a) it is new; and (b) it is not contrary to public order or morality. (2) Where application is made for the registration of an industrial design, the design shall be presumed to be new at the time of the application except in so far as the follow- ing provisions of this section provide otherwise. (3) An industrial design is not new if, before the date of application for registration, it has been made available to the public anywhere and at any time by means of description, use or in any other way, unless it is shown to the satisfaction of the registrar that the creator of the design could not have known that it had been made so available. (4) An industrial design shall not be deemed to have been made available to the pub- lic solely by reason of the fact that within the period of six months preceding the filing of the application for registration the creator has exhibited it in an official or officially rec- ognised exhibition. (5) An industrial design is not new merely because it differs in minor or inessential ways from an earlier design or concerns a type of product other than the type with which an earlier design is concerned. 14. Right to registration (1) Subject to this section, the right to registration of an industrial design shall be vested in the statutory creator, that is to say, the person who, whether or not he is the true creator, is the first to file, or validly to claim a foreign priority for, an application for reg- istration of the design. (2) The true creator shall be entitled to be named as such in the register, and the en- titlement in question shall not be modifiable by contract. (3) If the essential elements of an application for the registration of an industrial de- sign have been obtained by the purported applicant from the creation of another person without the consent of that other person both to the obtaining of those essential elements and to the filing of the application, all rights in the application and in any consequent registration shall be deemed to be transferred to that other person. (4) Where an industrial design is created in the course of employment or in the exe- cution of a contract for the performance of specified work, the ownership of the design shall be vested in the employer or, as the case may be, in the person who commissioned the work: Provided that, where the creator is an employee, then, if his contract of employ- ment does not require him to exercise any creative activity but he has in creating the de- sign used data or means that his employment has put at his disposal– (a) he shall be entitled to fair remuneration taking into account his salary and the importance of the design which he has created; and (b) the entitlement in question is not modifiable by contract and may be enforced by civil proceedings. 15. Applications for registration (1) An application for the registration of an industrial design shall be made to the registrar and– (a) shall contain- (i) a request for registration of the design; (ii) the applicant’s full name and address and, if that address is outside Nigeria, an address for service in Nigeria; (iii) a specimen of the design or a photographic or graphic representation of the design with any printing block or other means of reproduction from which the representation was derived; (iv) an indication of the kind of product (or, where a classification has been prescribed, the class of product) for which the design will be used; and (v) such other matter as may be prescribed; and (b) shall be accompanied by– (i) the prescribed fee; (ii) where appropriate, a declaration signed by the true creator requesting that he be named as such in the register and giving his name and ad- dress; and (iii) if the application is made by an agent, a signed power of attorney (so however that, notwithstanding any rule of law, legalisation or certifica- tion of the signature of the power of attorney shall be unnecessary). (2) A single application may relate to any number of industrial designs not exceeding fifty, if the products to which the designs relate are of the same kind or, where a classifi- cation has been prescribed, of the same class. (3) Where an applicant for the registration of an industrial design seeks to avail him- self of a foreign priority in respect of an earlier application made in a country outside Nigeria- (a) he shall append to his application under subsection (1) of this section a written declaration showing- (i) the date and number of the earlier application; (ii) the country in which the earlier application was made; and (iii) the name of the person who made the earlier application; and (b) not more than three months after the making of the application under subsec- tion (1) of this section, he shall furnish the registrar with a copy of the earlier application certified correct by the Industrial Property Office (or its equivalent) in the country where the earlier application was made. 16. Examination of applications for registration (1) The registrar shall examine every application for registration of an industrial de- sign as to its conformity with sections 13 (1) (b) and 15 of this Act, and– (a) if the application fails in any respect to conform with section 13 (1) (b) or 15 (l) or (2) of this Act, the registrar shall reject the application; and (b) if the application fails in any respect to conform with section 15 (3) of this Act, the registrar shall disregard any claim for foreign priority. (2) Where the examination mentioned in subsection (l ) of this section shows that an application for the registration of an industrial design satisfies the requirements of sec- tions 13 (1) (b) and 15 of this Act, the design shall be registered in accordance with the application without further examination and, in particular, without examination of the question whether the registration might be contrary to section 13 (1) (a) of this Act; and, where the said examination shows that section 15 (3) of this Act has been complied with as respects a claim for foreign priority, the foreign priority claimed shall be recorded in the regi ster. 17. Registration and publication (1) An industrial design shall be registered by the issue to the applicant of a registra- tion certificate containing- (a) the number of the design in order of registration; (b) the name and address of the registered owner and, if that address is outside Nigeria, an address for service in Nigeria; (c) the date of the application and of the issue of the registration certificate; (d) if foreign priority is claimed– (i) an indication of the fact; and (ii) the number and date of the application on which the claim is based and the name of the country where the application was made; (e) a reproduction or representation of the design and an indication of the kind (or, where a classification has been prescribed, the class) of products for which it will be used; and (f) where appropriate, the name and address of the true creator. (2) The registrar shall maintain a register of industrial designs which shall consist of duplicates of the registration certificates issued under subsection (1) of this section, to- gether with such further matter as is required by this Act to be registered. (3) As soon as may be after a design has been registered under subsection (1) of this section, the registrar shall cause to be published– (a) a notification of the registration containing the details mentioned in para- graphs (a) to (f) of that subsection; or (b) if a summary form of notification is prescribed, a notification in that form. 18. Applications under sealed cover (1) An applicant for the registration of an industrial design may ask for the design to be kept secret for a specified period not exceeding twelve months from the date of the application; and, where he does so, then, notwithstanding any other provision of this Act- (a) the specimen and other matters mentioned in section 15 (1) (a) (iii) and (iv) of this Act shall be enclosed in a sealed package, which shall be opened by the registrar- (i) when the specified period has elapsed; or (ii) if, before the specified period has elapsed, the applicant asks for the application to be converted into an open application; or (iii) if the package is still sealed, at the expiration of twelve months after the date of the application; (b) a provisional registration certificate shall be issued and a provisional notifica- tion published under section 17 of this Act, each of which shall exclude the re- production and other matters mentioned in section 17 (1) (e) of this Act; (c) the said provisional registration certificate and provisional notification shall not confer any right to protection under section 25 of this Act; and (d) when the sealed package has been opened pursuant to paragraph (a) of this subsection, the registrar shall proceed in accordance with sections 16 and 17 of this Act in so far as he has not already done so and, if authorised by those sec- tions, shall issue a revised registration certificate and publish a revised notifi- cation which shall have the same effect as any other certificate issued or notifi- cation published under section 17 of this Act. (2) Notwithstanding subsection (1) of this section, a sealed package may be opened by the registrar at any time on the direction of a court and shall be resealed when the court no longer requires it: Provided that, if the time at which the package may be opened under subsec- tion (1) (a) of this section arrives before the court has ceased to require it, the package shall be deemed to have been duly opened at that time and shall not be resealed. 19. Rights conferred by registration (1) Registration of an industrial design confers upon the registered owner the right to preclude any other person from doing any of the following acts– (a) reproducing the design in the manufacture of a product; (b) importing, selling or utilising for commercial purposes a product reproducing the design; and (c) holding such a product for the purpose of selling it or of utilising it for com- mercial purposes. (2) The reproduction of a registered industrial design is not lawful for the purposes of subsection (l) of this section merely because it differs in minor or inessential ways from the design or because it concerns a type of product other than the type with which the design is concerned. (3) The rights conferred by this section- (a) shall extend only to acts done for commercial or industrial purposes; and (b) shall not extend to acts done in respect of a product incorporating a registered industrial design after the product has been lawfully sold in Nigeria. 20. Duration and renewal of registration (l) Subject to this Act, registration of an industrial design- (a) shall be effective in the first instance for five years from the date of the appli- cation for registration; and (b) on payment of the prescribed fee may be renewed for two further consecutive periods of five years. (2) The fee mentioned in subsection (1) (b) of this section shall be paid within the twelve months immediately preceding the renewal period to which it relates: Provided that- (a) a period of grace of six months after the beginning of the renewal period shall be allowed for the payment of the fee; and (b) if the fee and any prescribed surcharge are paid within that period, this subsec- tion shall be deemed to have been complied with. (3) The fact that the registration of an industrial design has ceased to be effective or has been renewed shall be registered and notified. 21. Renunciation of registration (1) Subject to subsection (2) of this section, the registered owner of an industrial de- sign may renounce the registration by a written declaration to the registrar. (2) A renunciation under subsection (1) of this section- (a) may be limited– (i) to any particular kind or kinds of product; or (ii) if a classification of products has been prescribed, to any particular class or classes of product; or (iii ) if the application for registration comprised several designs, to anyone or more of those designs; (b) subject to paragraph (d) of this subsection, shall be registered and notified; (c) shall not be effective until it has been registered; and (d) if it relates to a design as to which a contractual licence is registered, shall be registered only if- (i) it is accompanied by the licensee’s written consent to registration; or (ii) the licensee has in the licence contract agreed that this paragraph shall not apply. 22. Nullity of registration (1) Subject to this section, on the application of any person (including a publ ic officer acting in the exercise of his functions) the court shall declare the registration of an indus- trial design to be null and void– (a) if the design, because of its failure to conform with section 13 (1) (b) of this Act, ought not to have been registered; or (b) if the design fails to comply with section 13 (1) (a) or 14 of this Act. (2) Where- (a) a declaration under subsection (1) of this section relates to an application com- prising several designs; and (b) the grounds for making the declaration affect only some of those designs, the declaration shall apply only to the designs so affected. (3) Where a declaration is made under subsection (1) of this section- (a) the registration in question shall be deemed, to the extent specified in the dec- laration, to have been null and void ab initio, so however that it shall not be necessary to repay royalties paid by any licensee unless the court so orders; and (b) the proper officer of the court shall inform the registrar, who shall register and notify the declaration. (4) The court- (a) shall not make a declaration under subsection (1) of this section without first giving the design owner an opportunity to be heard; (b) in applying subsection (1) (a) of this section, shall have regard only to the state of affairs existing when the proceedings were instituted; and (c) shall dismiss an application under subsection (1) of this section if the applicant (not being a public officer) fails to satisfy the court that he has a material inter- est in making the application. General 23. Contractual licences (1) Subject to this section– (a) a patentee or design owner may by a written contract signed by the parties grant a licence to any person to exploit the relevant invention or design; and (b) in the absence of any provision to the contrary in the contract, the licensee shall be entitled to do anywhere in Nigeria in relation to the patent or design any of the acts mentioned in section 6 or 9 this Act, as the case may be. (2) Where a licence is granted under subsection (1) of this section– (a) the licence shall be registered, and shall be of no effect against third parties until registration is effected and the prescribed fee paid; and (b) the registration shall be cancelled at the request of the licensor if the Registrar is satisfied that the licence has been terminated. (3) Any clause in a contract for a licence under subsection (1) of this section is null and void in so far as it imposes on the licensee in the industrial or commercial field re- strictions which do not derive from the rights conferred by the relevant patent or design or are unnecessary for the safeguarding of those rights: Provided that- (a) limitations concerning the scope, extent, territory or duration of the exploita- tion of the patent or design or the quality of the products in connection with which the patent or design may be exploited; (b) obligations imposed on the licensee to abstain from all acts capable of preju- dicing the validity of the patent or the validity of the registration of the design; and (c) in the case or a patent, limitations justified by the interest of the licensor in the technically efficient exploitation of the subject of the patent, are not restric- tions of the kind mentioned in this subsection. (4) In the absence of any provision to the contrary in a contract for a licence under subsection (1) of this section– (a) the grant of the licence shall not prevent the licensor from– (i) granting further licences to other persons; or (ii) himself exploiting the relevant patent or design; (b) the licence shall not be assignable by the licensee; and (c) the licensee shall not be entitled to grant further licences. (5) Where a contract under subsection (1) of this section provides for a licensee to grant further licences, this section shall apply in relation to any such further licence as it applies in relation to licences granted under the said subsection (1). (6) The Minister, if he is satisfied that it is in the interest of Nigeria and its economic development to do so, may by order in the Federal Gazette provide that contracts under subsection (1) of this section (or any specified class thereof) shall, in so far as they in- volve the payment of royalties outside Nigeria, be invalid without the approval of such authority as may be specified in the order. 24. Assignments, transfers and joint ownership (1) SubjectlO this section, a person’s rights in a patent application, in an application for the registration of a design, in a patent or in a registered design may be assigned, transferred by succession or held in joint ownership. (2) An assignment under subsection (1) of this section shall be in writing and signed by the parties. (3) An assignment or transfer by succession under subsection (1) of this section shall have no effect against third parties unless it has been registered and the prescribed fee paid. (4) In the absence of any provision to the contrary among themselves, joint owners of a patent or registered design may separately transfer their shares, exploit the patented invention, utilise the registered design or exercise the rights conferred by section 6 or 9 of this Act, as the case may be; but a licence under this Act may not be granted by joint owners otherwise than jointly. (5) Any reference (however expressed) in this Act to an applicant for a patent, an ap- plicant for the registration of a design, a patentee or a design owner includes, unless the context otherwise requires, a reference to any predecessors or successors in title and, where appropriate, to joint applicants, joint patentees or joint owners, as the case may be. 25. Infringement of rights (1) The rights of a patentee or design owner are infringed if another person, without the licence of the patentee or design owner, does or causes the doing of any act which that other person is precluded from doing under section 6 or 9 of this Act, as the case may be. (2) An infringement of the rights of a patentee or design owner shall be actionable at the suit of the patentee or design owner in question; and in any action for such an in- fringement all such relief by way of damages, injunction accounts or otherwise shall be available to the plaintiff as is available in any corresponding proceedings in respect of the infringement of other proprietary rights. (3) If- (a) a patent has been granted in respect of a process for the manufacture of a new product; and (b) the same product is manufactured by a person other than the patentee, the product shall in the absence of proof to the contrary be presumed to have been manu- factured by that process. (4) The grantee of a licence under this Act from a patentee or design owner may by registered letter require the licensor to institute proceedings under subsection (1) of this section in respect of any infringement indicated by the grantee in the letter; and, if the licensor unreasonably refuses or neglects to institute the proceedings, the licensee may institute them in his own name, without prejudice to the right of the licensor to intervene in the proceedings. 26. Legal proceedings (1) Jurisdiction to hear and dispose of legal proceedings under this Act is hereby vested in the Federal High Court and, subject to this Act, the provisions of the Trade Marks Act applicable to legal proceedings under that Act shall apply with the necessary modifications to legal proceedings under this Act. [Cap. T13.] (2) The court hearing proceedings under this Act may sit with and be advised by two assessors having expert knowledge of matters of a technological or economic nature. (3) The Chief Judge of the Federal High Court may make rules of court for the regu- lation of legal proceedings under this Act if he thinks it necessary to do so. 27. Foreign priority (1) The Minister may, with a view to the fulfilment of a treaty, convention or other international arrangement or agreement to which Nigeria is a party, declare by order in the Federal Gazette that any country specified in the order is a convention country for the purposes of this section. (2) So long as there is in force an order under subsection (1) of this section declaring a country to be a convention country, a patent application or a design application in Nige- ria, if an earlier corresponding application for the protection of an invention or the regis- tration of a design has been made in that convention country, shall be treated as having been made on the date when that earlier application was made: Provided that this subsection shall not apply where the earlier application was made– (a) in the case of an invention, more than twelve months; or (b) in the case of a design, more than six months, before the application in Nigeria. (3) Where a person has applied for the protection of an invention or the registration of a design by an application which– (a) in accordance with a treaty, convention or other international arrangement or agreement subsisting between any two or more convention countries is equivalent to an application duly made in anyone of those convention coun- tries; or (b) in accordance with the law of any convention country is equivalent to an appli- cation duly made in that convention country, he shall be deemed for the purposes of this Act to have applied in each of those conven- tion countries or in that convention country, as the case may be. (4) Where a patent application or a design application is to be treated by virtue of subsection (2) of this section as having been made on the date of an earlier application in a convention country, that earlier date is referred to in this Act as a foreign priority, and in this Act the expression “foreign priority” shall be construed accordingly. 28. Registration: miscellaneous provisions (1) There shall be a registrar of patents and designs, who shall be appointed by the Federal Civil Service Commission. (2) The registrar may correct any clerical error in an entry in the register, but before doing so shall give the person to whom the entry relates an opportunity to make repre- sentations. (3) Any persons– (a) may consult the register free of charge during the prescribed hours; and (b) on payment of the prescribed fee, may obtain a copy of any entry in the regis- ter. (4) A copy of an entry in the register sealed with the registrar’s seal shall be admissi- ble as evidence of what is stated therein; and any document purporting to be such a copy shall be presumed, until the contrary is proved, to be what it purports to be. (5) Any person aggrieved by a decision of the registrar in the exercise of his func- tions under this Act may appeal to the court. (6) If the Minister so directs, the registrar shall from time to time publish a journal to be known as the Patents and Designs Journal in which shall be published all such matters as are required by this Act to be published or notified and such other matters relating to patents and designs as the registrar thinks fit: Provided that, if there is no such direction in force, any matter required by this Act to be published or notified shall be published by the registrar in the Federal Gazette. (7) Subject to this Act and any rules made under section 30 (b) of this Act, the regis- trar shall maintain and make entries in the register in whatever manner appears to him to be most suitable and convenient. 29. Effect against the State Subject to Part 11 of the First Schedule to this Act, a patent or registered design shall have the same effect against the State as against an individual. [First Schedule.] 30. Rules (1) The Minister may make rules- (a) prescribing anything requiring to be prescribed for the purposes of this Act (including summary forms of notification of the grant of a patent and the reg- istration of a design, and classifications of products to which designs relate); (b) regulating the manner in which the registrar shall maintain and make entries in the register; and (c) containing such administrative or procedural provisions as appear to him to be necessary or expedient in order to facilitate the operation of this Act. (2) The Minister of Industries with the approval of the President may make rules es- tablishing schemes to encourage inventive activity and without prejudice to the generality of the foregoing, any such scheme may include provision for the payment of grants to persons who have discovered or perfected, or appear to have reasonable prospects of dis- covering or perfecting, important inventions which cannot be further developed for finan- cial reasons. 31. Repeals, and transitional and saving provisions (l) The Registration of United Kingdom Patents Act, the United Kingdom Designs (Protection) Act, the Patent Rights (Limitation) Act 1968 and (in so far as they are in force in Nigeria) the Patents Act 1949 of the United Kingdom and amendments thereof are hereby repealed. [Caps. 182 and 204 of 1958 Laws of Nigeria. 1968 No. 8, 12, 13 and 14. Geo. 6. C. 87.] (2) The transitional and saving provisions in the Second Schedule shall have effect notwithstanding subsection (1) of this section or any other provision of this Act. [Second Schedule.] 32. Interpretation (1) In this Act, unless the context otherwise requires– “court” means the Federal High Court; “design” means an industrial design; “design application” means an application for the registration of an industrial design; “design owner” means the registered owner of an industrial design; “foreign priority” has the meaning assigned by section 27 of this Act; “import” means import into Nigeria; “the Minister”, except in Part II of the First Schedule to this Act, means the Minister for Commerce; “patent application” means an application for the grant of a patent; “patentee” means a person to whom a patent has been granted; “register” means the register of patents, the register of industrial designs, or both, as the case may require; “registrar” means the registrar of patents and designs. (2) In this Act, unless the context otherwise requires, a reference to a numbered sec- tion or schedule is a reference to the section or schedule so numbered in this Act. 33. Short title This Act may be cited as the Patents and Designs Act. FIRST SCHEDULE [Section 11.] Compulsory licences and use of patents for service of government agencies PART 1 Compulsory licences 1. Subject to this Part, at any time after the expiration of a period of four years after the filing of a patent application or three years after the grant of a patent, whichever period last expires, a person may apply to the court for the grant of a compulsory licence on one or more of the following grounds– (a) that the patented invention, being capable of being worked in Nigeria, has not been so worked; (b) that the existing degree of working of the patented invention in Nigeria does not meet on reasonable terms the demand for the product; (c) that the working of the patented invention in Nigeria is being hindered or pre- vented by the importation of the patented article; and (d) that, by reason of the refusal of the patentee to grant licenses on reasonable terms, the establishment or development of industrial or commercial activities in Nigeria is unfairly and substantially prejudiced. 2. If an invention protected by a patent in Nigeria cannot be worked without infringing rights derived from a patent granted on an earlier application or benefiting from an earlier foreign priority, a compulsory licence may be granted to the patentee of the later patent to the extent necessary for the working of his invention if the invention– (a) serves industrial purposes different from those served by the invention which is the subject of the earlier patent; or (b) constitutes substantial technical progress in relation to that last-mentioned in- vention. 3. If the two inventions mentioned in paragraph 2 of this Schedule serve the same industrial purposes, a compulsory licence may be granted under that paragraph only on condition that a compulsory licence shall also be granted in respect of the later patent to the patentee of the earlier patent, if he so requests. 4. A compulsory licence shall not be granted in resect of a patent if the patentee satisfies the court that his actions in relation to the patented invention are justifiable in the circumstances, but he shall not be held to have so satisfied the court if he merely shows that the patented arti- cle is freely available for importation. 5. A compulsory licence shall not be granted unless the applicant- (a) satisfies the court that he has asked the patentee for a contractual licence but has been unable to obtain such a licence on reasonable terms and within a rea- sonable time; and (b) offers guarantees satisfactory to the court to work the relevant invention suffi- ciently to remedy the deficiencies (or to satisfy the requirements) which gave rise to his application. 6. A compulsory licence– (a) entitles the licensee to do any act mentioned in section 6 to this Act except importation; (b) does not entitle the licensee to grant further licences; (c) shall be non-exclusive; and (d) may contain additional obligations and restrictions as regards both the licensee and the patentee. 7. A compulsory licence may be transferred only with the industrial undertaking in which the relevant invention is used, and no such transfer shall be valid until the consent of the court has been obtained. 8. On hearing an application for a compulsory licence, the court shall first decide whether a compulsory licence may be granted and shall then, if it decides in favour of the grant and the parties cannot agree on the terms, proceed to fix the terms (including adequate royalties hav- ing regard to the extent to which the relevant invention is to be worked) which shall be deemed to constitute a valid contract between the parties. 9. On the application of the patentee, the court may cancel a compulsory licence it=– (a) the licensee fails to comply with the terms of the licence; or (b) the conditions which justified the grant of the licence have ceased to exist, so however that in that latter case a reasonable time shall be given to the licensee to cease working the relevant invention if an immediate cessation would cause him to suffer substan- tial damage. 10. On the application of the patentee or licensee, the court may vary the terms of a compul- sory licence if new facts justify the variation, and in particular (without prejudice to the gener- ality of the foregoing) if the patentee has granted contractual licences on more favourable terms. 11. Where the court grants, cancels or varies the terms of a compulsory licence– (a) the proper officer of the court shall inform the registrar, who shall register the grant, cancellation or variation without fee; and (b) the grant, cancellation or variation shall have no effect as against third parties until it has been registered. 12. A representative of the Minister shall have the right to appear and be heard at the hearing of an application for a compulsory licence. 13. The Minister by order in the Federal Gazette may provide that, for certain patented prod- ucts and processes (or for certain categories thereof) declared by the order to be of vital im- portance for the defence or the economy of Nigeria or for public health, compulsory licences may be granted before the expiration of the period mentioned in paragraph I above and may permit importation. 14. For the purposes of this Part, references to the working of a patented invention are to be construed as references to– (a) the manufacture of a patented article; or (b) the application of a patented process; or (c) the use in manufacture of a patented machine, by an effective and serious establishment existing in Nigeria on a scale which is adequate and reasonable in the circumstances. PART II Use of patents for service of government agencies 15. Notwithstanding anything in this Act, where a Minister is satisfied that it is in the public interest to do so, he may authorise any person to purchase, make, exercise or vend any pat- ented article or invention for the service of a government agency in the Federal Republic. 16. The authority of a Minister under paragraph 15 of this Schedule may be given– (a) before or after the relevant patent has been granted; (b) before or after the doing of the acts in respect of which the authority is given; and (c) to any person whether or not he is authorised directly or indirectly by the patentee to make, use, exercise or vend the relevant article or invention. 17. Paragraphs 15 and 16 of this Schedule shall have effect so as to exempt- (a) the Government; (b) any person authorised under those paragraphs; (c) any supplier of the Government or of any such person; and (d) any agent of any such supplier, from liability for the infringement of any patent relating to the relevant article or invention and from liability to make any payment to the patentee by way of royalty or otherwise. 18. Where any act is done in respect of an article on the authority of a Minister under para- graph 15 of this Schedule, then, unless it appears to the Minister that it would be contrary to the public interest to do so, the Ministry concerned with the act shall furnish the patentee with such information as to the extent of the act as the patentee may from time to time require. 19. The provisions of any licence, assignment or agreement made before or after the com- mencement of this Act between a patentee and any person other than the Government or a Ministry shall be of no effect in so far as those provisions restrict or regulate the use of a pat- ented article or invention or provide for the making of payments in respect of any such use, or are calculated by reference thereto. 20. During any period of emergency the powers exercisable in relation to a patented article or invention on the authority of a Minister under paragraph 15 of this Schedule shall include power to purchase, make, use, exercise and vend the article or invention for any purpose which appears to the Minister necessary or expedient- (a) for the efficient prosecution of any war in which the Federal Republic may be engaged; or (b) for the maintenance of supplies and services essential to the life of the commu- nity; or (c) for securing a sufficiency of supplies and services essential to the well-being of the community; or (d) for promoting the productivity of industry, commerce and agriculture; or (e) for fostering and directing exports and reducing imports (or any class or classes of imports) from all or any countries and for redressing the balance of trade; or (f) generally for ensuring that the whole resources of the community are available for use, and are used, in a manner best calculated to serve the interests of the community. 21. Where a patented article is purchased, made, used, exercised or vended by or on behalf of a government agency, the benefit of this Part shall extend to the agency and to persons acting in any capacity on its behalf. 22. This Part shall apply to a patented article forfeited under any law relating to customs and excise; and, on any such forfeiture, the Government may use or sell the article as if it had been imported for the use of a government agency in Nigeria. 23. In this Part, unless the context otherwise requires-v- “articles” includes- (a) any drugs or pharmaceutical preparations, substances or materials; and (b) any plant, machinery or apparatus, whether fixed to the land or not after im- portation, patented under the law of a country other than Nigeria; “export” means export from Nigeria; “Federal Republic” means the Federal Republic of Nigeria, and includes any State of the Federation; “Government” means the Federal Government, and includes the Government of any State of the Federation; “government agency” means any Federal or State Ministry or Department of Govern- ment, and includes- (a) a voluntary agency hospital, that is to say, any hospital in Nigeria (not being a hospital operated by the Government) which is wholly or partly maintained by the Federation or a State by way of grant in aid or otherwise; (b) a local authority, that is to say, any administration, council or other authority exercising limited governmental powers in a defined area within a State; (c) a statutory corporation, that is to say, a body corporate directly established by law to which in the performance of its functions the Government or a Minister is empowered by law to give directions; and (d) any company which is owned or controlled by the Government; “Ministry” means a Federal or State Ministry or Department of Government; “Minister” means a Minister of the Federation and includes a State Commissioner; “period of emergency” means any period of emergency however declared or notified by or on behalf of the Government or any successor Government; “person” includes the Government or a Ministry; “war” includes civil war. SECOND SCHEDULE [Section 31.] [Cap. 204 of 1958 Edition. 1968 No. 8.] Transitional and saving provisions 1. The person who, immediately before the commencement of this Act, was registrar of pat- ents under the former patents law shall on the commencement of this Act become registrar of patents and designs for the purposes of this Act. 2. Where a patent has been registered in Nigeria under the former patent law and the privi- leges and rights conferred by the registration were effective immediately before the com- mencement of this Act, then– (a) subject to the following sub-paragraphs, the patent shall be treated in Nigeria as if it had been granted under this Act; (b) the patent shall expire as regards Nigeria when those privileges and rights would have expired if this Act had not been made; (c) the certificate of registration shall be admissible as prima facie evidence of the date and fact of registration; and (d) an action for infringement shall lie under this Act only if the alleged infringe- ment occurred on or after the commencement of this Act, and in any other case may be instituted and disposed of as if this Act had not been made. 3. So far as is necessary for the purposes of paragraph 2 of this Schedule, the register of pat- ents under the former patent law shall be maintained as nearly as may be, and shall be re- garded and dealt with, as if it were part of the register under this Act. 4. Where immediately before the commencement of this Act any person enjoyed any privi- leges or rights in respect of a design by virtue of the United Kingdom Designs (Protection) Act- [Cap. 204 of 1958 Edition.] (a) that person shall continue to enjoy those privileges and rights for twelve months after the commencement of this Act or, if he applies within those twelve months for registration of the design under this Act, until the application is disposed of; (b) at the end of the said twelve months or on the disposal of the said application, as the case may be, those privileges and rights shall cease to exist; and (c) so long as that person continues to enjoy those privileges and rights, no other person shall have any right to registration of the design under this Act. 5. Any authorisation given under the Patent Rights (Limitation) Act 1968 shall, if it was still effective immediately before the commencement of this Act, be deemed to have been given under Part 11 of Schedule I and shall continue in force accordingly. [1968 No. 8.] 6. The Patents (Fees) Regulations 1961 shall, as far as may be– (a) apply in relation to patents under this Act as they applied in relation to patents under the former patent law; and (b) apply in relation to designs under this Act as they apply in relation to patents under this Act, and may be amended or revoked by rules made under section 30 of this Act. 7. In this Schedule, “the former patents law” means the Registration of United Kingdom Patents Act. [Cap. 182 of 1958 Edition.] SUBSIDIARY LEGISLATION List of Subsidiary Legislation 1. Patents and Designs (Convention Countries) Order. 2. Patents Rules. PATENTS AND DESIGNS (CONVENTION COUNTRIES) ORDER [L.N. 95 of 1971.] under section 27 (1) [1st December, 1971] [Commencement.] 1. Declaration of convention countries The countries specified in the Schedule to this order are hereby declared to be con- vention countries for the purposes of section 27 of the Act. [Schedule.] 2. Short title This order may be cited as the Patents and Designs (Convention Countries) Order. Algeria Argentina Australia Austria SCHEDULE [Section 1.] Ireland Israel Italy Cote de Ivoire Belgium Brazil Bulgaria Cameroons Canada Central African Republic Sri Lanka Chad Cuba Cyprus Czechoslovakia Republic of Benin Denmark Dominican Republic Finland France Gabon Germany Greece Haiti Holy See Hungary Iceland Indonesia Iran Switzerland Syrian Arab Republic Tanzania Togo Trinidad and Tobago Tunisia Turkey Uganda Union of Soviet Socialist Republic Japan Kenya Lebanon Liechtenstein Luxembourg Madagascar Malawi Malta Mauritania Mexico Monaco Morocco Netherlands New Zealand Niger Norway People’s Republic of the Congo Philippines Poland Portugal Romania San Marino Senegal Spain Sweden United Arab Republic United States of America United Kingdom of Great Britain Northern Ireland Burkina Fasso Uruguay Vietnam Yugoslavia Zambia PATENTS RULES [L.N. 96 of 1971.] under section 30 [1 st December, 1971] [Commencement.] Fees 1. The fees to be paid in relation to patents shall be those prescribed in the First Sched- ule. Such fees shall be paid to the registrar who shall pay all fees received by him pursu- ant to these Rules into the Consolidated Revenue Fund of the Federation. Forms 2. (1) The forms herein referred to are those contained in the Second Schedule (that is to say, Patent forms 1 to 7) and such forms shall be used in all cases to which they are applicable and may be modified as directed by the registrar to meet other cases. (2) Any other forms mentioned in these Rules shall be prescribed by the Minister. Documents 3. Subject to any other directions that may be given by the registrar, all applications, notices, statements, papers or other documents authorised or required by the Act or these Rules to be made, left with or sent to the registrar shall be upon foolscap paper and, ex- cept where otherwise required, on one side only, of a size of approximately fifteen centi- metres by nine centimetres and shall have on the left-hand part thereof a margin of not less than two centimetres. 4. (1) A document lodged on behalf of joint applicants shall contain the names of all the joint owners in full and shall be signed by all the owners or by any other person who sat- isfies the registrar that he is authorised to sign the document. (2) A document purporting to be signed for or on behalf of a body corporate shall be signed by a director or by the secretary or other principal officer of the body corporate, or by any other person who satisfies the registrar that he is authorised to sign the document. 5. Any notice, application, or other document lodged by post shall be deemed to have been lodged at the time when the letter containing the same would be delivered in the ordinary course of post. In proving such sending, it shall be sufficient to prove that the letter was properly addressed and put in the post and addressed to the Registrar of Patents and Designs, Patents Branch, Federal Ministry of Trade, Federal Capital Territory, Abuja, Nigeria. Agent 6. An agent shall be authorised to lodge an application on Form 2. Application for registration 7. An application for the grant of a patent shall be signed by the applicant for registra- tion or by his agent. 8. (1) An application for the grant of a patent shall be on Form I and shall relate to only one invention, but may include in connection with that invention- (a) c1aims- (i) for any number of products; (ii) for any number of manufacturing processes for those products; and (iii) for any number of applications of those products; and (b) c1aims- (i) for any number of processes; (ii) for the means of working those processes, for the resulting product or products and for the application of those products. (2) Every applicant claiming priority under section 27 of the Act by reason of an ap- plication for the grant of a patent made or deemed to have been made in a convention country as defined in section 27 (1) of this Act which country shall be named, shall ap- pend to his application a written declaration showing the date and number of the earlier application, the country in which the application was made, the name of the person who made the earlier application, and shall furnish within three months thereafter, a copy of the earlier application certified correct by the Industrial Property Office (or its equivalent) in the country where the earlier application was made. Where an application is in a lan- guage other than English, a translation together with the name of the language shall be signed by the applicant or his agent and attached to the certified application. (3) If the applicant fails to supply the certified copy as required by this rule, the reg- istrar shall disregard any claim for foreign priority. 9. (1) In the case of an appl ication for the grant of a patent in respect of more than one invention, the registrar shall invite the applicant to restrict the application so that it relates to one invention only and notify the applicant that he may within three months file in respect of the other inventions dealt with in the original application, subsidiary applica- tions. (2) If the applicant does not comply with the invitation mentioned in paragraph (1) of this rule, the registrar shall reject the application. Address for applications 10. All applications for the grant of patents shall be made, addressed and sent to the Registrar of Patents and Designs, Federal Ministry of Trade, Commercial Law Division, Federal Capital Territory, Abuja. The application 11. An application for the grant of a patent shall be made to the registrar and shall con- sist of- (a) a petition or request for a patent with the applicant’s full name and address; (b) a specification, including a claim or claims in duplicate; (c) plans and drawings, if any, in duplicate; (d) a declaration as required by section 3 of the Act; (e) a signed power of attorney or authorisation of agent if the application is made by an agent; (f) an address for service in Nigeria if the applicant’s address is outside Nigeria; (g) the prescribed fee; and (h) such other matter as may be prescribed from time to time by the registrar. The specification 12. (l) The specification shall describe the relevant invention in a manner sufficiently clear and complete for the invention to be put into effect by a person skilled in the art or field of knowledge to which the invention relates. (2) The claim or claims shall define the protection sought and shall not go beyond the limits of the said description. Examination and g rant of patent 13. If on examination of an application, it is discovered that the formal requirements of rule 11 of these Rules have not been complied with, the registrar shall reject the applica- tion. 14. Where the examination shows that the application satisfies the requirements of rules 8 and 11 of these Rules, the registrar shall grant the patent. 15. Upon the grant of a patent, the registrar shall issue to the applicant a document in Form 4 which shall bear the relevant number, the name and domicile of the patentee or his successor or assign if any, the dates of the patent application and the grant, the title of the invention and the period of its validity, with reservations as to the rights of third par- ties, the number and date of the application on which a claim of foreign priority is based and the name of the foreign country concerned and where appropriate the name and ad- dress of the true inventor; a copy of the specification and a copy of the relevant drawings and plans, if any, shall be annexed to it. Registration and publication 16. As soon as may be, after the grant of a patent, the registrar shall- (a) enter the particulars of the grant in the register and this shall consist of the par- ticulars named in rule 15 of these Rules; and (b) cause to be published in the Federal Gazette a notification of the grant con- taining the details mentioned in rule 15 of these Rules (except the description and the plans and drawings, if any) or a summary thereof if a summary form of notification is prescribed. Duration of patents 17. Subject to regular payment of the annual fees due, patents shall be valid for twenty years from the date of the filing of the relevant patent application. Fees 18. (1) Patents Form No. 5 together with the prescribed fee shall be lodged in the patent office not later than the due date, otherwise the patent will cease. Only one half of such prescribed fees is payable if, and so long as, the patent is endorsed “Licences of Right” – this reduction takes effect in relation to the annual fees first payable after the date of the entry. If the form with the fee is not lodged in the patent office until after that date it cannot be accepted unless application for an extension of time is made on Patents Form No. 6 accompanied by the prescribed surcharge fee for this purpose; extension be- yond six months cannot be obtained. (2) No reduction of extension fees shall be made in the case of a patent endorsed “Li- cences of Right”. (3) Patents fees shall be paid direct to the patent office by means of money orders, postal orders, banker’s draft and banker’s cheques, (adhesive stamps shall not be ac- cepted in payment of fees), the prescribed fee must be submitted together with the appro- priate completed patents form; in addition each form or batch of forms shall be accompa- nied by a fee sheet showing details of the form and the amount of the fee. Money orders, etc., shall be made payable to “The Registrar of Patents, Federal Ministry of Trade, Fed- eral Capital Territory, Abuja”, and crossed. Patents forms together with the fees and fee sheets may be delivered to the patent office in Abuja either by hand or by registered post. Assignments 19. (1) An application for the registration of the title of any person becoming entitled by assignment, transmission or operation of law to a patent or to a patent application or becoming entitled as mortgagee, licensee or otherwise to any interest in a patent shall be made to the registrar on Form 8. (2) Application may be made on Form 9 for entry in the register of notification of any other document purporting to affect the proprietorship of a patent. 20. (1) An official or certified copy of any instrument or other document which is re- ferred to in an application under rule 19 and is a matter of record in the Federation shall be produced to the registrar with the application. (2) Any other document so referred to shall, unless the registrar otherwise directs, be produced to him with the application and a certified copy of any such document shall be filed. 21. An application under rule 19 (1) of these Rules shall contain the name, address and nationality of the person claiming or stated to be entitled together with full particulars of the instrument, ifany, under which title is claimed or given. 22. Where the name of a person is entered in the register as mortgagee or licensee, such person may on making an application for the purpose on Form 10 have a note entered in the register that he no longer claims to be mortgagee or licensee, as the case may be. 23. (1) An application by a patentee for the alteration of a name, nationality, or address or address for service entered on the register in respect of his invention shall be made on Form 11. (2) Before acting on a request to alter a name or nationality the registrar may require such proof of the alteration as he thinks fit. (3) If the registrar is satisfied that the request should be allowed, he shall cause the register to be altered accordingly. Correction of errors 24. Where an applicant for the grant of a patent or a patentee desires to correct any er- ror, he shall make the appl ication of Form 12. Cancellation and surrender of patent 25. (1) Where a patentee desires to cancel his grant, he shall make the application in a written declaration accompanied by the patent. (2) Where the application relates to some of the claims only made by the patent the written declaration shall not be accompanied by the patent; and the registrar shall register the cancellation of the particular claims only and notify the applicant accordingly. (3) Where the applicant relates to a patent as to which a contractual licence or licence of right is registered, the written consent of the licensee shall be attached to the written declaration, otherwise, the application for surrender shall not be registered. Death of applicant 26. In case of the death of an applicant or joint owner for the grant of a patent after the date of his application, and before the grant of a patent has been effected, the registrar may, on being satisfied of the applicant’s or joint owner’s death, enter in the register, in place of the name, address and nationality of such deceased applicant or joint owner the name, address and nationality of the successors in title or personal representative of the applicant or joint owner on such succession being proved to the satisfaction of the regis- trar. Discretionary power 27. Except as otherwise provided in these Rules, before exercising any discretionary power given to him by the Act or these Rules adversely to any applicant for the grant of a patent, the registrar shall give at least ten days notice to the applicant of the time when he may be heard. Amendments 28. If the registrar thinks fit, any document or drawing relating to an invention may be amended, and any irregularity in procedure may be rectified, on such terms as the regis- trar may direct. 29. Where a certificate is required for the purpose of obtaining a patent abroad, or for any legal proceedings, or other special purpose, as to any entry, matter or thing which the registrar is authorised by the Act or these Rules to make or do, the registrar may, on the lodging of a request on Form 14 give such certificate which shall also specify on the face of it the purpose for which it has been issued as aforesaid. Copy of patent 30. An application for a copy of a patent shall be made on Form 15 and shall be accom- panied by evidence setting out in full and verifying the circumstances in which the origi- nal patent was lost or destroyed or cannot be produced. Evidence before registrar 31. Where under these Rules, evidence is required to be filed, it shall be by statutory declaration or affidavit, unless otherwise expressly provided in these Rules. 32. (1) The statutory declaration and affidavits required by these Rules, or used in any proceedings thereunder, shall be headed in the matter or matters to which they relate, and shall be divided into paragraphs consecutively numbered, and each paragraph shall, so far as possible, be confined to one subject. (2) Every statutory declaration or affidavit shall state the description and true place of abode of the person making the same, and shall be typed, lithographed or printed. 33. The statutory declaration or affidavit shall be made and subscribed as follows, that is- (a) in the Federation, before any justice of the peace, or any Commissioner for oaths or other officer authorised by law in any part of the Federation to ad- minister an oath for the purposes of any legal proceedings; and (b) in a foreign country, before any diplomatic or consular officer of Nigeria authorised to administer oaths, or before any officer having an official seal and authorised to administer oaths in the foreign country in which the applicant may be. 34. Any document purporting to have affixed, impressed or subscribed thereto or thereon the seal or signature of any person authorised by the last foregoing rule to take a declaration in testimony that the declaration was made and subscribed before him, may be admitted by the registrar without proof of the genuineness of the seal or signature, or of the official character of the person or his authority to take the declaration. 35. At any stage of any proceedings before the registrar, he may direct that such docu- ments, information or evidence as he may require shall be lodged, and may fix the period for the lodging thereof. Application for compulsory licences 36. An application for the grant of a compulsory licence under Part I of the First Sched- ule to the Act shall be made on Form 7. Such application shall be accompanied by an unstamped copy thereof and a statement in duplicate setting out fully the nature of the applicant’s interest and the facts upon which he bases his case. Copies of the application and the statement of the case shall be transmitted by the registrar to the patentee. 37. If the patentee desires to oppose the application, he shall within such time as the registrar may allow, lodge a statement fully setting out the grounds on which the applica- tion is to be opposed and shall deliver to the applicant a copy thereof. 38. The applicant shall, within such time as the registrar mad allow, lodge evidence in support of his case and shall deliver to the patentee a copy thereof. 39. Within such time as the registrar may allow, the patentee may lodge evidence in answer and shall deliver to the applicant a copy thereof; and within such time as the Registrar may allow, the applicant may lodge evidence confined to matters strictly in reply and shall deliver to the patentee a copy thereof. 40. No further evidence shall be lodged by either party except by leave or on direction of the registrar. 41. On completion of the evidence or at such other time as he may see fit, the registrar shall inform the applicant thereof in writing and thereafter the case shall be deemed to stand for the determination of the court. 42. (1) Where a case stands for the determination of the court pursuant to rule 41 of these Rules, the registrar shall require the applicant within two months, or such further time as the registrar shall allow, to make a written application to the court for an order granting a compulsory licence to the applicant on any of the grounds enumerated in Part 1 of the First Schedule. (2) The applicant shall thereupon make his application or take such other proceedings as aforesaid within the period of two months above named or such further time as the registrar may allow, and shall also within the like period give notice thereof to the regis- trar. (3) If the applicant shall fail to make such application or to take such other proceed- ings, of which failure, or the non-receipt by the registrar of the said notice shall be suffi- cient proof, the applicant shall be deemed to have abandoned his application. 43. On the grant, cancellation or variation of the terms of a compulsory licence by the court the proper officer of the court shall transmit the necessary order to the registrar who shall register the grant, cancellation or variation without fee. Contractual licences 44. (1) On the grant of a contractual licence the licensee shall apply on Form 16 for the registration thereof and the original and an attested copy of the relevant documents shall be filed along with the said form; the original shall be returned to the applicant after the registration of the licence. (2) No contractual licence shall have effect against third parties unless the provision of paragraph (1) of this rule is complied with.
SURVEY CO-ORDINATION ACT ARRANGEMENT OF SECTIONS SECTION 1. Duty to furnish information and power to require works in connection with certain surveys.
An Act to provide for the furnishing to the Director of Federal Surveys of information relating to survey work; to provide for the carrying out of certain additional operations, by persons doing the work; and for purposes connected with the matters aforesaid. [1962 No. 28.] [13th September, 1962] L Commencement.J 1. Duty to furnish information and power to require works in connection with certain surveys (1) No survey work within the meaning of this Act shall be carried out unless the person responsible for carrying out the work has given to the Director of Federal Surveys (in this Act referred to as “the Director”), not less than three months then next preceding the day on which the work commences, or such shorter period as the Director may allow, notice of the work in accordance with the provisions of this section. [1968 No. 42.] (2) A notice under the foregoing subsection shall state- (a) the name and address of the person giving the notice and, if he is carrying out the survey work in question in pursuance of a contract or arrangement with any other person, the name and address of that other person; (b) particulars of the work and the purposes of the work, and of the area to which the work relates; and (c) the dates on which it is proposed to begin and end the work, and shall contain a sketch map illustrating the work. (3) The Director shall, on receiving a notice in pursuance of this section, forthwith give notice of its receipt to the person who gave it and may, at any time before the expiration of the period of one month beginning with the date on which the first-mentioned notice was given, give a counter-notice to that person requiring him to do all or any of the following things, that is to say- (a) to erect in connection with the survey work in question survey marks of such description and at such reasonable points or within such reasonable limits as may be specified in the counter-notice; (b) to process all aerial films in connection with the survey work in question in Nigeria, and submit them for examination before prints are made from them or before they are used for any purposes whatsoever; (c) within the period of one month beginning with the date of the completion of the work or of the production of the thing or information in question, which- ever last occurs, to furnish the Director with- (i) two copies of every map and plan produced by or on behalf of that per- son in consequence of the work, showing the date on which they were made and indicating all connections with any such survey marks as are mentioned in sub-paragraph (iii) of this paragraph; (ii) the original or a copy of the negatives of all aerial photographs produced in connection with the work; and (iii) the original or a copy of all field observations, notes and computations made for the purposes of the work and particulars of all permanent sur- vey marks erected (otherwise than in pursuance of paragraph(a) of this subsection) in the course or in consequence of the work; (d) in a case where there is a survey mark, or two or more survey marks, under the control of the Government of the Federation or a State and situated within a distance of less than 16.09 kilometres from any point at which the work is car- ried out, to secure that the work is connected to the mark or, as the case may be, to such one of the marks as that person may select. (4) It shall be the duty of the Director to give one copy of each map and plan which relates to a State and is furnished to him in pursuance of paragraph (c) of subsection (3) of this section to the Surveyor-General of the State. (5) The following survey marks, that is to say- (a) all marks erected in pursuance of paragraph (a) of subsection (3) of this sec- tion; and (b) any of the marks of which particulars are furnished in pursuance of sub- paragraph (iii) of paragraph (c) of subsection (3) of this section as to which the Director gives to the person mentioned in that subsection, within the period of one month beginning with the date of the giving of the particulars, notice that the marks are to vest in the Minister, shall, by virtue of this section and without further assurance, vest in the Minister abso- lutely; and any matter furnished to the Director in pursuance of paragraph(c) of that sub- section shall be the property of the Minister and may be used by the Director for the pur- poses of his office in such manner as he thinks tit. (6) Without prejudice to any other means of service, a document authorised or required to be served under this section may be served by post, but shall not be treated as duly served by post unless it is sent in a registered letter. (7) In this Act, “survey work” means the carrying out or ascertaining, with a view to determining the shape or size of any part of the surface of any land (including any natural feature of the land), of all or any of the following, that is to say- (a) traverses observed by angular and linear measurements; (b) lines of levels observed by optical or hydrostatic methods; (c) linear measurements by means of radio transmission, radar, any electronic or electromagnetic means; (d) topographical or hydrographic surveys, triangulation and trilateration; (e)terrestrial photography specially made for survey purposes by means of a camera-theodolite, stereo camera or similar instrument; (f) aerial photography for survey purposes; (g) heighting of points by aneroid barometer, altimeter, hypsometer, airborne pro- file recorder or any airborne auxiliary equipment; (h) astronomical observations for the determination of azimuth, latitude or longi- tude, but does not include any activity mentioned in the foregoing paragraphs which is under- taken- (i) by or on the instructions of the Nigerian Army, the Nigerian Navy, the Nigerian Air Force or the survey department of the Federation or of a State; (ii) in any part of Nigeria specified for the purposes of this paragraph by regulations made by the Minister; or (iii) solely for the purpose of determining boundaries of any property.2. Offences (l) A person (other than the Director) who fails to comply with any requirement made by or in pursuance of the foregoing section shall be guilty of an offence and li- able- (a) on summary conviction, to a fine of an amount not exceeding N400; (b) on conviction on indictment, to a tine of an amount not exceeding N1 000. (2) Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attrib- utable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he, as well as the body corporate, shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.Compensation (1) Any person whose property is transferred to the Minister by section 1 of this Act, or who incurs expense or suffers loss by reason of the provisions of subsection (3) or (5) of that section, shall- (a) be paid adequate compensation by the Minister in respect of the property, expense or loss; and (b) be entitled to refer any question as to his interest in any relevant property and as to the amount of any compensation payable in pursuance of this section for determination by the High Court having jurisdiction in the area in which the property is situated or, in so far as the value of any property is not involved in relation to any compensation, by the High Court having jurisdiction in the area in which any part of the relevant survey work was carried out. (2) Any expenses incurred by the Minister by virtue of the Foregoing subsection shall be defrayed out of moneys provided by the National Assembly. 4. Short title This Act may be cited as the Survey Co-ordination Act. SUBSIDIARY LEGISLATION No Subsidiary Legislation Source: Policy and Legal Advocacy Centre
TAXES AND LEVIES (APPROVED LIST FOR COLLECTION) ACT ARRANGEMENT OF SECTIONS SECTION 1. Responsibility for collecting certain taxes and levies, etc.
TAXES AND LEVIES (APPROVED LIST FOR COLLECTION) ACT [1998 No. 21] [Commencement.] [30th September, 1998]
(1) Notwithstanding anything contained in the Constitution of the Federal Republic of Nigeria 1979, as amended, or in any other enactment or law, the Federal Government, State Government and local government shall be responsible for collecting the taxes and levies listed in Part I, Part IT and Part III of the Schedule to this Act, respectively. (2) The Minister of Finance may, on the advice of the Joint Tax Board and by Order published in the Gazette, amend the Schedule to this Act. 2. Assessment and collection of taxes (1) Notwithstanding anything contained in the Constitution of the Federal Republic of Nigeria 1979, as amended, or in any other enactment or law, no person, other than the appropriate tax authority, shall assess or collect, on behalf of the Government, any tax or levy listed in the Schedule to this Act, and members of the Nigeria Police Force shall only be used in accordance with the provisions of the tax laws. (2) No person, including a tax authority, shall mount a road block in any part of the Federation for the purpose of collecting any tax or levy. 3. Offences A person who- (a) collects or levies any tax or levy; or (b) mounts a road block or causes a road block to be mounted for the purpose of collecting any tax or levy, in contravention of section 2 of this Act, is guilty of an offence and liable on conviction to a fine of N50,000 or imprisonment for three years or to both such fine and imprison- ment.
In this Act, unless the context otherwise requires- “Government” means the Federal, State or local government; “Joint Tax Board” means the Joint Tax Board established under the provisions of Personal Income Tax Act 1993; [1993 No. 104.] “levy” includes any fee and charge; “tax authority” means- (a) the Federal Board of Inland Revenue, the State Board of Internal Revenue or the Local Government Revenue Committee; or (b) a Ministry, Government department or any other Government body charged with responsibility for assessing or collecting the particular tax. 5. Citation This Act may be cited as the Taxes and Levies (Approved List for Collection) Act. SCHEDULE [Section 1.] PART I Taxes to be collected by the Federal Government 1. Companies income tax.
non-resident individuals.
(b) members or the Nigeria Police Force; (c) Residents of the Federal Capital Territory, Abuja; and (d) staff of the Ministry or Foreign Affairs and non-resident individuals. PART II Taxes and levies to be collected by the State Government 1. Personal income tax in respect of- (a) Pay-As-You-Earn (PAYE); and (b) direct taxation (self-assessment).
(a) urban areas as defined by each State, maximum of—- (i) N10,000 for registration; and (ii) N5,000 per annum for renewal of registration; and (b) rural areas- (i) N2,000 for registration; and (ii) N1,000 per annum for renewal of registration.
PART III Taxes and levies to be collected by the local government 1. Shops and, kiosks rates.
truck.
the car is registered).
SUBSIDIARY LEGISLATION
No Subsidiary Legislation
Source: Policy and Legal Advocacy Centre
URBAN DEVELOPMENT BANK OF NIGERIA ACT ARRANGEMENT OF SECTIONS SECTION
URBAN DEVELOPMENT BANK OF NIGERIA ACT An Act to establish the Urban Development Bank of Nigeria PLC.[1992 No. 51.] [2nd January, 1992] [Commencement.]
There shall be established, in accordance with the provisions of the Companies and Allied Matters Act, a limited liability company to be known as the Urban Development Bank of Nigeria PLC (in this Act referred to as “the Bank”). [Cap. C20.]
The initial share capital of the Bank shall be subscribed by the Federal Government, State and Local Governments, the Nigeria Labour Congress and individual Nigerians. 3. Objects of the Bank The Bank shall, in accordance with the object clause of its Memorandum, foster the rapid development of urban infrastructure throughout the Federation through the provision of finance and banking services. 4. Power to raise funds Without prejudice to the provisions of its Articles of Association, the Bank may, with the approval of the Minister of Finance, raise funds of such amount (in foreign currency) from anyone or more of the following sources, that is- (a) the International Bank for Reconstruction and Development (the World Bank); (b) the International Development Association; (c) the European Investment Bank and Fund; (d) the African Development Bank; (e) bilateral loans and grants on government to government basis; (f) Shelter Afrique and other donors; and (g) other multilateral loans and donor agencies. 5. Power to manage other offshore funds procured for urban development Funds obtained from the aforementioned sources and other off-shore sources, other than by the Bank, which are meant for urban and infrastructural development projects in Nigeria whether by way of general loans, tied loans, bilateral loans, or grants on government to government basis shall be channelled through the Bank which shall have responsibility for the management of such funds.
(1) The Bank and the beneficiaries of its loan facilities shall be exempted from the provisions of the Land Use Act with regard to the size of urban land an individual or a body corporate may hold, provided that the loan to the individual or body corporate shall be utilised for the purposes specified in section 3 of this Act. [Cap. L5.] (2) The Bank shall also be exempted from the provisions of the Banks and Other Financial Institutions Act. [Cap. B3.] 7. Short title This Act may be cited as the Urban Development Bank of Nigeria Act. SUBSIDIARY LEGISLATION No Subsidiary Legislation Source:Policy and Legal Advocacy Centre
