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HOME                            EXECUTIVE  INSTRUMENT

 

PUBLIC ORDER (PROHIBITION OF SPECIFIED EXPLOSIVES) INSTRUMENT, 1999 (EI 21).

 

IN exercise of the powers conferred on the Minister responsible for the Interior under subsection (1) of section 5 of the Public Order Act, 1994 (Act 491) this Instrument is made this 9th day of September, 1999.

Order 1—Prohibition of Possession of Explosives.

Subject to paragraph 2, no person shall manufacture, possess or carry any of the

following categories of explosives—

(a) fire crackers (knock outs);

(b) display shells;

(c) artillery shells; and

(d) ball and canister shells.

Order 2—Exemption.

Paragraph 1 does not include the following—

(a) bottle rockets and missiles;

(b) floral shells;

(c) handle cylindrical fountains, ground spinners, hanging wheels, onward wheels;

(d) hand held fire works—sparklers, Roman candles;

(e) toys and assorted toy fireworks; and

(f) single and multiple mines.

Order 3—Deposit of Explosive with the Police.

(1) A person who on the coming into force of this Instrument is in possession or in control of any of the specified explosives shall deposit the explosive with the police officer in charge of the nearest police station.

(2) The police officer in charge of the police station where any explosive is deposited shall register, label and store properly the explosive deposited and he shall be personally liable for any loss or damage to that explosive.

Order 4—Power of Arrest without Warrant.

A police officer may arrest without a warrant a person whom he suspects on reasonable

grounds of possessing, carrying or being in control of any explosive in contravention of

this Instrument.

Order 5—Power of Search.

(1) A Chairman of a Community Tribunal may issue a warrant authorising any police officer to enter and search any premises in which any explosive is suspected to be held in contravention of this Instrument.

(2) A warrant issued under sub-paragraph (1) of this paragraph is valid notwithstanding that the premises are generally referred to in the warrant.

Order 6—Offence and Penalties.

A person who—

(a) manufactures, possesses or carries any explosive contrary to paragraph 1, or

(b) fails to deposit any explosive contrary to paragraph 2,

commits an offence and is liable on summary conviction to a fine not exceeding ¢5 million or imprisonment for a term not exceeding 12 months or to both.

Order 7—Interpretation.

In this Instrument unless the context otherwise requires—

“explosive” means the categories of ammunition specified in paragraph 1.

NII OKAIJA ADAMAFIO

Minister Responsible for the Interior

Date of Gazette Notification: 29th October, 1999.

 

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