Official Secrets Law

1. Citation. This Law may be cited as the Official Secrets Law.

2. Interpretation. In this Law unless the context otherwise requires- (1) expressions referring to "communicating" or "receiving" include any communicating or receiving whether in whole or in part and whether the sketch, plan, model, article, note, document or information itself or the substance affected or description thereof only be communicated or received; (2) expressions referring to "obtaining" or "retaining" any sketch, plan, model, article, note or document include the copying of causing to be copied the whole or any part of any sketch, plan, model, article, note or document; and (3) expressions referring to the "communication" of any sketch, plan, model, article, note or document include the transfer or transmission of the sketch, plan, model, article, note or document; (4) "document" includes part of a document; (5) "the Government" means the Government of the State; (6) "model" includes design, pattern and specimen; (7) "sketch" includes any photograph or other mode of representing any place or thing.

3. Wrongful communication of information. (1) If any person having in his possession or control any sketch, plan, model, article, note, document or information which has been entrusted in confidence to him by any public officer of the State or which he has obtained or to which he has had access owing to his position as a person who is or has been a public officer of the State or as a person who holds or has held a contract made on behalf of the Government, or as a person who is or has been employed under a person who is or has been a public officer or holds or has held such a contract- (a) communicates the sketch, plan, model, article, note, document or information to any person other than the person to whom he is authorised to communicate it, or a person to whom it is, in the interest of the State, his duty to communicate it; or (b) uses the information in his possession in a manner prejudicial to the interest of the State; or (c) retains the sketch, plan, model, article, note or document in his possession or control when he has no right to retain it, or when it is contrary to his duty to retain it, or fails to comply with all directions issued by lawful authority with regard to the return or disposal thereof; or (d) fails to take reasonable care of, or so conducts himself as to endanger the safety of the sketch, plan, model, article, note, document or information, that person shall be guilty of an offence. (2) If any person receives any sketch, plan, model, article, note, document or information knowing or having reasonable ground to believe at the time when he receives it that the sketch, plan, model, article, note, document or information is communicated to him in contravention of this Law, he shall be guilty of an offence unless he proves that the communication to him of the sketch, plan, model, article, note, document or information was contrary to his desire.

4. Offences relating to official documents. (1) If any person- (a) retains for any purpose prejudicial to the interest of the State any official document, whether or not completed or issued for use, when he has no right to retain it, or when it is contrary to his duty to retain it, or fails to comply with any directions issued by any Government department or any person authorised by such department with regard to the return or disposal thereof; or (b) allows any other person to have possession of any official document issued for his use alone, or without lawful authority or excuse has in his possession any official document issued for the use of some person other than himself, or on obtaining possession of any official document by finding or otherwise neglects or fails to restore it to the person or authority by whom or for whose use it was issued or to a police officer, he shall be guilty of an offence. (2) In this section "official document" means an official document relating to the affairs of the Delta State or in the custody of the Government.

5. Proof of acts prejudicial to the State. In a prosecution under section 3 or 4 it shall not be necessary to show that the accused person was guilty of any particular act tending to show a purpose prejudicial to the interest of the State and notwithstanding that no such act is proved against him he may be convicted if, from the circumstances of the case or his conduct or his known character as proved, it appears that his purpose was a purpose prejudicial to the interest of the State.

6. Consent required for prosecution. A prosecution for an offence under this Law shall not be instituted except by or with the consent of the Attorney-General: Provided that a person charged with such an offence may be arrested or a warrant for his arrest may be issued and executed and any such person may be remanded in custody or on bail notwithstanding that the consent of the Attorney-General to the institution of prosecution for the offence has not been obtained, but no farther or other proceedings shall be taken until that consent has been obtained.

7. Search warrant. If a magistrate is satisfied by information on oath that there is reasonable ground for suspecting that an offence under this Law has been or is about to be committed he may grant a search warrant authorising any police officer named therein to enter at any time any premises or place named in the warrant, if necessary by force, and to search the premises or place and every person found therein and to seize any sketch, plan, model, article, note or document or anything of a like nature or anything which is evidence of an offence under this Law having been or about to be committed which he may find on the premises or place or on any such person and with regard to or in connection with which he has reasonable ground for suspecting that an offence under this Law has been or is about to be committed.

8. Provisions as to punishment. Any person who is guilty of an offence under this Law shall be liable op conviction to imprisonment for a term not exceeding two years or to a fine of four thousand naira or to both such imprisonment and fine.