Riot Damages Law

1. Citation. This Law may be cited as the Riot Damages Law.

2. Interpretation. In this Law- "assessed damage" means damage assessed by a Commissioner in accordance with the provisions of Part IV; "Commissioner" means any person so appointed by the Executive Council consistent with section 7 of this Law; "council" means a Local Government Council established under the constitution; [Cap. D26.] "council area" means the area of authority of a council; "damage" means injury, stealing or destruction in respect of which compensation is payable in accordance with section 3; "Executive Council" means the Executive Council of Delta State Government; "riot area" means an area declared to be such in accordance with section 4.

3. Compensation for damage by riots. (1) Where any house, shop or other building has been damaged or destroyed, or any property or article has been damaged, stolen or destroyed, by any persons riotously or unlawfully assembled together, compensation shall be payable in such manner as is hereinafter provided in this Law, to any person who has sustained loss by such injury, stealing or destruction. (2) Where any person, having sustained any such loss as aforesaid, has received, by way of insurance or otherwise, any sum to recoup himself, in whole or in part, for such loss, the compensation otherwise payable to him under this Law shall, if exceeding such sum, be reduced by the amount thereof, and in any other case shall not tie paid to him, and the payer of such sum shall be entitled to compensation under this Law in respect of the sum so paid in like manner as if he had sustained the said loss, and any policy of insurance given by such payer shall continue in force as if he had made no such payment, and where such person was recouped as aforesaid otherwise than by payment of a sum, this Law shall apply as if the value of such recoupment were a sum paid. [WR 37 of 1959.] (3) Nothing in the provisions of this Law contained shall affect the right of any person to sue for damages in any court of competent jurisdiction in respect of any loss sustained by such injury, stealing or destruction as detailed in subsection (1) save that any amount recovered in pursuance of such legal claim shall be deducted from any compensation payable under this Law.

4. Declaration of riot areas. (1) Where a riot or unlawful assembly resulting in damage has occurred, either wholly or partly, within a council area, the Executive Council may by order declare that council area (or any part of it) to be a riot area. (2) The Executive Council may by order direct the recovery of such proportion it may deem fit from the persons resident or owning property in a riot area of- (a) the amount of all assessed damage in the area; and (b) the expenditure incurred by the Government of the Delta State in suppressing the riot or unlawful assembly by which the damage was caused. (3) A certificate under the hand of the member of the Government of the State for the time being charged with responsibility for finance shall be conclusive as to the amount of the expenditure referred to in paragraph (b) of the immediately preceding subsection: Provided that the Executive Council may in any case by order direct that such expenditure shall be deemed to be such percentage of the total amount of the assessed damage as the order may specify. (4) The Executive Council may by order direct that such proportion of the assessed damage as may be specified in the direction shall be defrayed by the Government of the Delta State and to the extent that monies may be provided by the House of Assembly of the State any such amount shall be payable by the Government and shall be defrayed out of the revenue of the State accordingly.

5. Further powers of the Executive Council. (1) The Executive Council may, either generally with regard to any damage caused in a riot area, or particularly with regard to any special damage so caused, by order give directions in respect of all or any of the matters following- (a) the assessment of the amount of such damage; (b) the allotment of the amounts payable to the Riot Damage Fund amongst the persons who satisfy the Commissioner as to the validity of their claims to compensation; (c) the apportionment of the liability for compensation amongst the persons resident or owning property in such area; (d) the classification of persons for the purpose of such allotment or apportionment; (e) the dates upon which the sums recoverable by a council in respect of compensation shall be paid and the instalment, if any, in which they shall be so paid; (f) generally with respect to the exercise of the powers and the performance of the duties of the Commissioner under this Law. (2) The Executive Council may, with regard to any damage in respect of which an order is made under section 4- (a) exempt any class of persons from liability to pay compensation under this Law; (b) exempt the persons resident in or owning property in any part of the riot area from liability to pay compensation under this Law; (c) direct that in relation to any class of persons specified by the Executive Council such special provisions shall apply with respect to any matter mentioned in subsection (1) of this section as the Executive Council shall consider fit. (3) In giving directions under this section the Executive Council shall have regard to- (a) the persons who took part in the riot or unlawful assembly and their conduct therein; and (b) the conduct of the persons who have sustained damage whether as respects the precautions taken by such persons or as respects their being a party or accessory to the riot or unlawful assembly or as regards any provocation offered to the persons assembled or otherwise.

6. Executive Council may declare other areas to be liable. (1) Where compensation is payable under the provisions of this Law in respect of damage caused by a riot or unlawful assembly and the Executive Council is satisfied that persons who took part in such riot or unlawful assembly are resident in an area other than the area in which the riot or unlawful assembly occurred, it may declare, the first mentioned area to be liable for compensation in respect of damage caused by the riot or unlawful assembly. (2) The provisions of subsections (2), (3) and (4) of section 4, sections 5 and 8, and Parts IV and V shall apply in relation to an area declared under subsection (1) of this section and the compensation payable by persons resident or owning property therein as they apply in relation to a riot area and the compensation payable by persons resident or owning property in a riot area. (3) A declaration in accordance with subsection (1) of this section shall be made by order and shall contain a description of the declared area. (4) The powers conferred by this section shall be in addition to the powers conferred by section 4.

7. Appointment of Commissioners. For the purpose of assessing any damage caused by any riot or unlawful assembly and of awarding compensation in respect thereof, and otherwise for the purposes of this Law, the Executive Council may appoint a Commissioner or Commissioners (in this Law referred to as "the Commissioner") with such powers and duties as are specified in this Law.

8. Duties of the Commissioner. It shall be the duty of the Commissioner- (a) to ascertain by personal inquiry the amount of the damage in respect of which compensation is payable; (b) to report the amount of damage to the Executive Council; (c) to allot compensation to any person who has satisfied the Commissioner as to the validity of his claim.

9. Powers of the Commissioner. (1) The Commissioner shall have and exercise the powers following- (a) all the powers of a magistrate conferred by any Law of the Delta State for the purpose of summoning witnesses and enforcing the attendance of persons, the production of documents, the administration of oaths, the issue of search warrants and any other powers pertaining to a magistrate under any such Law which may reasonably be required for the discharge of his duties; (b) the power to call upon any person to declare on oath the amount of any damage which he claims to have sustained; (c) the power to call upon any person to furnish to him in such form as he may demand a full return in writing of all movable and immovable property which such person possesses, and his total annual income from all sources. (2) Any person who, without reasonable excuse, the proof of which shall be upon him, within such time as may be fixed by the Commissioner for the purpose, refuses or neglects to furnish to the Commissioner any return demanded by the Commissioner by virtue of the powers conferred by subsection (1) of this section shall, be guilty of an offence and shall be liable on conviction to a fine of five hundred naira or imprisonment for three months or both such fine and imprisonment.

10. Protection of the Commissioner. The Commissioner shall not be liable, either civilly or criminally, in respect of anything which he may have done or may have omitted to do when acting in good faith, in pursuance of his duties and powers under this Law.

11. Notice of assessment. (1) Before assessing any damage, the Commissioner shall give notice in such manner as may be prescribed by order made under section 5, or in the absence of such order in such manner as he may deem appropriate, either generally with reference to damage in the riot area or part thereof, or particularly with reference to any specified property, stating- (a) the time and place at which he proposes to hold his inquiry; (b) the manner in which claims for compensation shall be presented to him; (c) a date (being not less than one month from the date of the notice) after which no claims for compensation will be entertained. (2) No claim for compensation which is presented after the date fixed in any notice given in the last preceding subsection shall be entertained by the Commissioner unless, upon good cause being shown, he shall otherwise order. (3) If any claimant is aggrieved by a refusal of the Commissioner to make an order under the provisions of subsection (2) of this section, he may petition the Executive Council which may direct that such an order shall be made by the Commissioner.

12. Conflicting claims. (1) Where the Commissioner receives notice that two or more persons make conflicting claims to be entitled to compensation in respect of any damage which it is his duty to assess he shall determine, for the purpose of assessing the damage in question, the matter at issue between them. (2) Where the Commissioner has determined any conflicting claims to compensation in accordance with subsection (1) of this section and a claimant is aggrieved by his decision he may appeal to the High Court against that decision. (3) Nothing in this section shall confer on any person a right of appeal against the amount at which damage is assessed by the Commissioner.

13. Assessment to be conclusive. Any assessment of damage made by the Commissioner in accordance with the provisions of this Law shall be conclusive as to the amount of such damage: Provided that the Executive Council may in any case direct re-assessment.

14. Condensation to be discharged by council. (1) The Commissioner shall, upon completion of the assessment under Part IV, inform the Local. Government Council concerned of the amount of the assessed damage and furnish particulars to the council specifying- (a) the respective premises, property or articles upon which the assessment is made; (b) the amount of the assessment in each case; (c) the persons (if any) amongst whom liability for the payment of compensation has been apportioned in accordance with directions under section 5. (2) Such proportion of any assessed damage which was directed to be recovered by the Executive Council in accordance with Part II shall be paid by the Local Government Council into the Riot Damage Fund in accordance with section 19 and such amount shall be charged upon the revenue of the Local Government Council.

15. Schemes for recovery of compensation. (1) A Local Government Council may frame and submit to the Executive Council a Scheme for the recovery of any amounts charged upon its revenue by section 14. (2) Subject to any direction of the Executive Council under section 5, a scheme may provide for the recovery of the amounts charged upon the revenue of the Local Government Council by means of- (a) the levying of a rate by the rating authority of the area upon the persons residing or owning property in the riot area in any manner (whether or not specified in the instrument relating to the rating authority) in which a rate may be levied under the local government law; or [Cap. D26.] (b) any other method approved by the Executive Council. (3) Without prejudice to the generality of subsections (1) and (2) of this section, a scheme may provide for- (a) the application, for the purposes of the scheme, of any of the provisions of the local government law or any regulations made under such law with respect to the assessment, collection or enforcement of the rate levied thereunder; (b) the exemption of any area or any class of persons from the operation of the scheme; (c) the levying of a rate in respect of more than one financial year. [Cap. D26.]

16. Approval of schemes. (1) The Executive Council may make an order approving a scheme submitted to it under section 15, or rejecting it, or approving it with such modifications as it thinks fit. (2) A scheme, when approved, shall be published in the State Gazette and shall have effect as if enacted in this Law.

17. Supplementary schemes. A Local Government Council may frame and submit to the Executive Council a supplementary scheme for the amendment of a scheme in force with respect to its area and all the provisions of sections 15 and 16 shall apply in relation to a supplementary scheme as they apply in relation to a scheme framed and submitted in accordance with those sections.

18. Prohibition of borrowing. Notwithstanding anything in the local government law, it shall not be lawful for a Local Government Council to raise a loan for the purpose of fulfilling its functions under this Law.

19. Riot damage fund. (1) Where an order has been made under Part II for the recovery of assessed damage and the costs of suppression of a riot or unlawful assembly, there shall be established in respect of that riot or unlawful assembly a fund, to be called the "Riot Damage Fund" to be kept by the Accountant-General. (2) There shall be paid into the Riot Damage Fund- (a) the amounts payable by the Local Government Council or committee in accordance with section 14; and (b) the amounts (if any) equivalent to the proportion of the assessed damage payable by the Government in accordance with section 4.

20. Payments of compensation. (1) Out of a Riot Damage Fund there shall be paid- (a) the compensation payable in respect of the assessed damage; (b) such sums in connection with the expenditure incurred by the Government of the State in suppressing the said riot or unlawful assembly as the Executive Council may direct. (2) Payments of compensation or instalments thereof shall be made by the Accountant- General upon authority of the Commissioner, at such time, in such manner and in such instalments as the Commissioner may determine. (3) The Commissioner may- (a) before authorising any payment of compensation, require any person claiming to be entitled thereto to satisfy him that he is so entitled; (b) in the case of a dispute as to the person entitled to compensation in respect of any assessed damage, withhold payment until the matter has been finally determined by a court of competent jurisdiction.

21. Effect of payment. Payment by the Accountant-General upon the authority of the Commissioner in accordance with section 20 of compensation in respect of any damage shall absolutely discharge the Government, any officer of the Government and any Local Government Council from liability in respect of such damage.