STREET TRADING AND ILLEGAL MARKETS (PROHIBITION) LAW OF LAGOS STATE

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]  

STREET TRADING AND ILLEGAL MARKET (PROHIBITION) LAW

[EDITOR’S NOTE: THIS LAW HAS BEEN REPEALED UNDER S. 525 OF THE LAGOS STATE ENVIRONMENTAL PROTECTION AND PROTECTION LAW OF 2017]

ARRANGEMENT OF SECTIONS

1.       Prohibition of street trading

2.       Prohibition of illegal market

3.       Prohibition of shop extension

4.       Prohibition of use of pedestrian bridge as market

5.       Prohibition of indiscriminate pasting banners

6.       Establishment and maintenance of street trading and illegal markets, etc.

7.       Power to seize goods, wares or articles, etc.

8.       Forfeiture of goods seized

9.       Power to make order

10.     Offences

11.     Optional payment of fine on the spot where the offence is being committed

12.     Prosecutor

13.     Saving for sales in legal markets

14.     Establishment of Sunday and occasional markets

15.     Hours of business of markets

16.     Repeal

17.     Interpretation

18.     Citation and commencement

SCHEDULES

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

STREET TRADING AND ILLEGAL MARKET (PROHIBITION) LAW

A LAW TO PROVIDE FOR THE PROHIBITION OF STREET TRADING AND ILLEGAL MARKETS IN LAGOS STATE AND FOR CONNECTED MATTERS

[1984 No. 1]

[Commencement]                                                           [2nd April 1984]

1.      Prohibition of street trading

A person must not sell or hawk or expose for sale any goods, wares, articles or things or offer services whether or not from a stationary position in any street specified in the First Schedule to this Law or within the vicinity of any public building in the State.

[First Schedule]

2.      Prohibition of illegal market

A person other than the State or a local government or statutory corporation must not establish or maintain any market in any place in the State.

3.      Prohibition of shop extension

An occupant of a shop mentioned in the first schedule to this Law must not extend such shop onto the walkways.

[1996 No. 7]

4.      Prohibition of use of pedestrian bridge as market

A person must not use the pedestrian overhead bridge as an open day or night market.

[1996 No.7]

5.      Prohibition of indiscriminate pasting of banners

A person must not paste any poster or banners on sidewalls, bus stops or pedestrian overhead bridges.

[1996 No. 7]

6.     Establishment and maintenance of street trading and illegal markets, etc.

(1)     For the purposes of sections 1 and 2 above a person is deemed to engage in street trading, establishing or maintaining an illegal market on any occasion whenever selling any goods, or offering services in any place or street; whether or not he or she regularly establishes or maintains the business of street trading or illegal market.

(2)     A person is deemed to engage in street trading, establishing or maintaining an illegal market whether in a stationery position or not if, while engaging in the prohibited act, exhibits any goods, or offers services for sale.

7.      Power to seize goods, wares or articles, etc.

An authorised person may seize any goods exposed or offered for sale in any street.

8.      Forfeiture of goods seized

(1)     Where goods are seized as provided under section 7 and whether or not the owner is convicted of an offence under this Law, the goods will be forfeited and vested in the State.

[1996 No. 7]

(2)     The goods vested under subsection (1) of this section must be sold or disposed of in such manner as prescribed by the Governor and the money realised from such sale or disposal must be paid into the State’s Consolidated Revenue Fund.

9.      Power to make order

(1)     The Governor may by order apply this Law to any town in the State.

(2)     The Governor may by order amend, vary or add to the Schedules to this Law.

10.    Offences

(1)     A person who contravenes the provisions of this Law is guilty of an offence and liable on conviction—

(a)     as a first offender to a fine of Ninety Thousand Naira (N=90,000.00) or to six (6) months imprisonment;

[1996 No.7]

(b)     as a second offender to a fine of One Hundred and Thirty Five Thousand Naira (N135,000.00) and nine (9) months imprisonment; and

[1996 No.7]

(c)     as a third offender to a fine of One Hundred and Eighty Thousand Naira (N=180,000.00) and one (1) year imprisonment.

[1996 No. 7]

(2)     A person who buys any goods exposed or offered for sale from any place or street specified, in the First Schedule will be guilty of an offence and liable on conviction to a fine of Ninety Thousand Naira (N=90,000.00) or to imprisonment for six (6) months or both.

[1996 No. 7]

(3)     A person who obstructs any authorised person in the execution of his duty under this Law or aids or incites any other person so as to obstruct any authorised person in the execution of such duty is guilty of an offence and liable on conviction to a fine of Ninety Thousand Naira (N90,000.00) or to imprisonment for six (6) months or both.

[1996 No. 7]

11.   Optional payment of fine on the spot where the offence is being committed

(1)     The fine imposed under section 7 of this Law may be paid on the spot by the offender immediately the offence is committed and a receipt issued, in the form specified in the Third Schedule to this Law.

[1985 No. 3]

(2)     Where the offender is unable to pay the on-the-spot fine in accordance with the provision of subsection (1) of this section, a criminal summons in the form prescribed in the Third Schedule to this Law must be issued on the spot where the offence is being committed, to appear in the nearest Magistrate Court the next day after his committing the offence.

(3)     Where the offender is unable to comply with provisions of subsection (1) of this section, any vehicle involved in the commission of any offence under this Law will be impounded on the spot by the authorised person provided that the vehicle must be returned to the offender if the penalty imposed has been paid within twenty-four (24) hours of the commission of the offence.

(4)     The Magistrate Court must treat any criminal charge under this Law similarly like an overnight charge.

12.    Prosecutor

A duly authorised person may for the purpose of this Law prosecute any offender brought before any Magistrate Court in the State.

[1985 No.3]

13.    Saving for sales in legal markets

In the case of markets in the Second Schedule to this Law, nothing in this Law will affect the sale and exposure or offer for sale in shops of goods displayed by owners of such shops or organisers of such fairs, bazaars established or maintained in any place in the State.

14.    Establishment of Sunday and occasional markets

The Governor may by order establish Sunday and occasional markets in any part of the State.

15.    Hours of business of markets

The Governor may by order specify the hours of business in all markets of the State.

16.    Repeal

The Illegal Markets and Street Trading (Prohibition) Law 1978 is hereby repealed.

17.    Interpretation

In this Law unless the context otherwise requires—

‘‘authorised person’’ means any member of the Task Force set up by the Governor or any other person authorised by the Governor in that behalf;

‘‘Commissioner’’ means the Commissioner for the Ministry of Environment or any person charged with the responsibility over matters concerning the environment;

[1996 No.7]

‘‘goods’’ includes wares, articles, things and non-living things.

‘‘illegal market’’ means a market that is prohibited under section 1 of this Law;

‘‘market’’ means a market established and/or maintained by the State Government or a local government or a statutory corporation;

‘‘street’’ means any of the streets specified in the First Schedule to this Law and includes all highways, expressways and bridges in and around the State;

‘‘the State’’ means the Lagos State of Nigeria;

‘‘vicinity’’ means any footpath or any open space adjoining any highway within the State to the limit of one hundred (100) yards from the highway belonging to the State.

18.    Citation and commencement

This Law may be cited as the Street Trading and Illegal Markets (Prohibition) Law and comes into force on 2nd day of April 1984.

SCHEDULES

FIRST SCHEDULE

Streets and places affected by this Law

All streets in Local Government Areas in the State with the exemption of such roads or streets as may be specified by the Commissioner.

[1996 No.7]

SECOND SCHEDULE

Section 10

Markets that this Law does not affect

All the Shopping Centres and authorised traditional markets in the State.

Fairs and bazaars legally organised under an existing Law.

THIRD SCHEDULE

Format of a receipt issued on the payment of on-the-spot fine

[section 8]

Received from. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .being payment of on-the-spot fine for an offence committed under the Street Trading and Illegal Markets (Prohibition) Law within . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local Government Council Area, on the . . . . . . . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . . . . . . 20 . . . . . .

Signature and Stamp

NOTE—Fine must be payable to the State Government Treasury or any other designated place, for the purpose of this Law.

Criminal Summons

IN THE MAGISTRATE’S COURT

In the . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Magistrate’s Court of Lagos State

Charge No: . . . . . . . . . . . . . . . 20 . . . . . .

Between:

The Police (or authorised agency) and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offender

To . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .of

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or driver

or owner or passenger of vehicle with registration No . . . . . . . . . . . . . . . . . . .

Complaint has been made this . . . . . . . . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . .

by. . . . . . . . . . . . . . . . . . . . . . . . . . . . that you on . . . . . . . . . . . . . . . . . . . . . . . . . . . .

bought or sold articles in . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and committed an offence under the Street Trading, and Illegal Markets (Prohibition) Law and having been required to pay a fine of a sum. . . . . . . . . . . . on-the-spot as provided for in the said Law and having refused or neglected to pay the said fine, you are summoned to appear before the . . . . . . . . . . . . Magistrate’s Court sitting at . . . . . . . . . . . . . on the. . . . . . . . . . . . . day of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in the forenoon to answer the said complaint.

Dated this . . . . . . . . . . . . . .. . . . day of . . . . . . . . .. . . . . . . . . . . 20 . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Magistrate

LAWS OF LAGOS STATE

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA

STREET TRADING AND ILLEGAL MARKET (PROHIBITION) LAW

[EDITOR’S NOTE: THIS LAW HAS BEEN REPEALED UNDER S. 525 OF THE LAGOS STATE ENVIRONMENTAL PROTECTION AND PROTECTION LAW OF 2017]

ARRANGEMENT OF SECTIONS

1.       Prohibition of street trading

2.       Prohibition of illegal market

3.       Prohibition of shop extension

4.       Prohibition of use of pedestrian bridge as market

5.       Prohibition of indiscriminate pasting banners

6.       Establishment and maintenance of street trading and illegal markets, etc.

7.       Power to seize goods, wares or articles, etc.

8.       Forfeiture of goods seized

9.       Power to make order

10.     Offences

11.     Optional payment of fine on the spot where the offence is being committed

12.     Prosecutor

13.     Saving for sales in legal markets

14.     Establishment of Sunday and occasional markets

15.     Hours of business of markets

16.     Repeal

17.     Interpretation

18.     Citation and commencement

SCHEDULES

FIRST SCHEDULE

SECOND SCHEDULE

THIRD SCHEDULE

STREET TRADING AND ILLEGAL MARKET (PROHIBITION) LAW

A LAW TO PROVIDE FOR THE PROHIBITION OF STREET TRADING AND ILLEGAL MARKETS IN LAGOS STATE AND FOR CONNECTED MATTERS

[1984 No.1]

[Commencement]                                                           [2nd April 1984]

LAWS OF LAGOS STATE

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA

STREET TRADING AND ILLEGAL MARKET (PROHIBITION) LAW