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Curfew Law

Delta State 9 sections Full text

Text as published in Laws of Delta State (State e-Laws portal). Reproduced for reference. Verify against the Gazette before relying on it in court.


Section 1
1. Citation. This Law may be cited as the Curfew Law.
Section 2
2. Interpretation. In this Law- “abroad” means any public road, street or place out of the residence or enclosed place; “curfew area” means an area to which a curfew order relates; “curfew order” means an order made under section 3; “hours of curfew” means the hours specified in a curfew order, in the State Gazette.
Section 3
3. Power of Executive Council to impose curfew. Whenever the Executive Council is satisfied that it is necessary to do so, for the purposes of maintaining and securing public safety and public order in any area within the State, it may, by order, impose a curfew upon the inhabitants of that area.
Section 4
4. Publication, commencement and proof of curfew order. (1) Every curfew order shall be made known to the inhabitants of the area to which it relates in such manner as the Executive Council may direct and shall come into operation on the date on which it is so made known. (2) Without prejudice to any other mode of proof, a certificate purporting to be signed by the Secretary to the Military Government and Head of the Service shall be sufficient evidence of the terms of any such order and of the date on which it came into operation in accordance with the provisions of subsection (1) of this section. (3) As soon as may be after any such order has been made, it shall be published in the State Gazette.
Section 5
5. Power of effect of curfew order. Where a curfew has been imposed in any area, no person excepting the persons or officers mentioned in the Schedule to this Law, shall be abroad within that area (save in enclosed premises) between such hours as may be specified in the curfew order, except under the authority of and in accordance with the conditions of a permit granted under the provisions of this Law. [Schedule.]
Section 6
6. Permits. (1) Any police officer not below the rank of Assistant Superintendent may, in his absolute discretion, issue to any person applying thereof a Written permit authorising the holder thereof to be abroad within the curfew area during such times and for such times and for such purposes and subject to such conditions or limitations as may be specified in such permit. (2) It shall be a condition of every such permit that the person to whom it has been granted shall carry it on his person at all times when he is abroad in a curfew area (save in enclosed premises) during the hours of curfew. (3) Every such permit shall on demand be produced for the inspection of any police officer.
Section 7
7. Arrest without warrant and penalty. Any person found abroad in any curfew area contrary to the provisions of this Law may be arrested without warrant by a police officer and shall be liable on conviction to a fine of one thousand naira or to imprisonment for six months or to both such fine and imprisonment.
Section 8
8. Functions conferred on police officers. The provisions of this Law conferring any power or imposing any duty upon police officers shall not have effect until the Governor or any person designated by him shall have given his consent to the conferment or imposition of that power or duty.
Section 9
9. Variation of Schedule. The Executive Council may, by order, amend or vary the Schedule to this Law. CURFEW LAW Persons Permitted to be Abroad during Curfew [Section 5.] The Governor. The members of the Executive Council and the Secretary to the Government and Head of Service. The Chief Judge and judges of the High Court, President and judges of the customary court of appeal and the Solicitor-General of the State. Magistrates. Members of the armed forces of Nigeria in uniform. Police officers in uniform. Medical practitioners and other medical personnel on duty.

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This page reproduces statutory text for reference. It is not legal advice. Statutes are amended and repealed; check for amending instruments and confirm against the official Gazette or a certified copy before citing in any proceeding.