AGRICULTURAL LAW OF LAGOS STATE
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AGRICULTURAL LAW
ARRANGEMENT OF SECTIONS
1. Authorized Officers
2. Power to make regulations
3. Furnishing of information
4. Offences
5. Prosecution
6. Defence in civil and criminal proceedings
7. Power to sue for fees, etc
8. Transitional provisions
9. Interpretation
10. Citation
AGRICULTURAL LAW
A LAW TO MAKE PROYISIONS F’OR THE PREVENTION AND CONTROL OF PLANT DISEAES, PESTS AND NOXIOUS WEEDS AND FOR CONNECTED PURPOSES
[27 OF 1959. 1961 NO.68. L.S.L.N. 16 OF 1972]
[Commencement] [3lst December, 1972]
1. Authorised officers The Commissioner may designate any officer in the Public Service of the State as an authorised officer for the purposes of this Law.
2. Power to make regulations
(1) Subject to the Regulations Approval Law the Commissioner will make regulations for—
(a) the prevention and control of plant diseases, pests and noxious weeds;
(b) prohibiting temporarily the growth or cultivation of any plant or crop during specified periods of the year;
(c) prohibiting the sowing or planting of any kind of plant;
(d) specifying any particular kind of seed or plant as the only kind permitted to be used;
(e) controlling the distribution of any kind of seed or planting material;
(f) the charging of fees in respect of matters to which the regulations relate:
(g) generally for carrying into effect the provisions of this Law.
(2) Regulations made under this section may provide that a contravention of any specified regulations will be an offence and may provide penalties in respect of it:
Provided that the penalties provided in respect of any such offence shall not exceed a fine of Ninety Thousand Naira (N90,000.00) and imprisonment for six (6) months.
3. Furnishing of information
(1) An authorised officer may call upon any person to furnish the authorised officer with any information required for the purpose of investigating any offence against this Law.
(2) A person who obtains any information by virtue of this section must not, otherwise than in the execution of duties or powers under this Law, disclose that information except with the permission of the Commissioner.
4. Offences
(1) A person who—
(a) hinders or molests any authorised officer in the exercise of the duties or powers under this Law; or
(b) without lawful excuse, fails to comply with any order lawfully given under this Law; or
(c) without lawful excuse, fails to furnish any information lawfully demanded under this Law or furnishes information which is known to be false in a material particular or does not believe to be true;
shall be guilty of an offence and liable on conviction to a fine of One Hundred and Eighty Thousand Naira (N 180,000.00) or imprisonment for one (1) year.
(2) In any prosecution for an offence against this section, the onus of proving the existence of a lawful excuse shall lie on the person charged.
5. Prosecution
(1) Prosecution for an offence against this Law will not commence except with the consent of the Chief Agricultural Extension Services officer.
[1961 NO.68]
(2) Nothing in this section will prevent the institution of proceedings for an offence against this Law by or in the name of the Attorney-General of the State.
6. Defence in Civil and Criminal Proceedings
where any proceedings, whether civil or criminal, is brought against any public officer in respect of any act done in pursuance of any of the provisions of this Law, it will be a good defence to show that there was reasonable and probable cause for the act in respect of which such proceedings are brought.
7. Power to Sue for Fees, etc.
Any expense or fees due under this Law will be recovered Extension by the chief Agricultural Services Officer as a civil debt.
8. Transitional provisions
Any regulations made under the Agriculture Law relating to matters in respect which the commissioner has power to make regulations under this Law and in force, immediately before the commencement of this Law will remain in force as if made un:, this Law until replaced by regulation made under this Law.
[F. & L. 1958, CAP. A7]
9. Interpretation
In this Law, unless the context otherwise requires—
“ authorised officer” means a person designated as an authorised officer un:, section 1;
“Commissioner” means the commissioner charged with responsibility for matters relating to agricultural research;
“noxious weed” means any weed harmful to man or beast or injurious agricultural or horticultural crops;
“pest” means any insect or other animal injurious to agricultural or horticultural crops;
“plant” means any plant or parts of a plant such as cuttings, suckers, bulbs, tubers, roots, haulms and fruit; but does not include the manufactured or processed products of plants;
“plant disease” means any disease caused by fungus, bacterium, virus or any other organism injurious to agricultural or horticultural crops; –
“this Law” includes regulations made under this Law.
10. Citation and Commencement
This Law may be cited as the Agriculture Law and will come into force on the 31st day of Decembel1972.
Ch.A8-SUBSIDIARY LEGISLATIOIN
List of Subsidiary Legislation
REGULATIONS
In force immediately before the commencement of the present Law and remaining in force by virtue of the provisions of section 9 of the Law.
Oil Palms and Coconut Palms
(1) In these regulations, unless the context otherwise requires-
[REGULATTONS 59 OF 1918]
“owner” in relation to a palm owned by a native community means the head of the community.
(2) The owner of an oil palm or coconut palm which is attacked by “bud-rot” shall immediately shall cause the palm to be cut down und totally destroyed by fire, and shall notify the Chief Health Officer of the Local Government Area or Local Council Development Area concerned.
The Penalty will be a fine of five Thousand Naira (N5,000.00).
(3) In any area in which bud-rot is prevalent no person shall tap any oil palm or coconut palm.
The Penalty will be a fine of five Thousand Naira (N5,000.00).
(4) The tapping of oil palms by the process generally known as “cabbage tapping” is prohibited. “cabbage tapping” is the method by which wine (sap) is made to exude from the palm by cutting away the plant tissue immediately below the growing point or bud.
The Penalty will be a fine of five Thousand Naira (N5,000.00).
Cotton Seed and Cultivation
[REGULATIONS 47 OF 1926. ORDINANCE 37 OF 1948]
(1) In such areas as the Governor will from time to time declare to be “American cotton areas” no cotton other than American cotton shall be cultivated.
1. The Penalty will be a fine of Two Thousand Five Hundred Naira (N2,500.00).
(2) In such areas the owner or occupier of any which land (other than irrigated rand) on cotton or any cultivated species Hibiscus exists shall uproot and burn all cotton or Hibiscus plants on such land before the 1st day of March in each year.
1. The Penalty will be a fine of Two Thousand Five Hundred Naira (N2,500.00).
[REGULATIONS 28 OF 1950. PUBLIC NOTICE I82 OF 1950]
Short title
These regulations may be cited as the Swollen Shoot Regulations.
1. Interpretation
In these regulations, unless the context otherwise requires_
“swollen Shoot Disease” means the virus disease of cocoa commonly known as swollen shoot, with all its recognized forms and variants;
“Director” means the chief Agricultural Extension services officer;
“representative” means any person detailed by the Director, or any person duly authorised by him, to carry out the survey of cocoa trees and control Swollen Shoot Disease for the purpose of these regulations;
“owner” includes any person entitled to reap the fruits of a cocoa tree.
2. Power to Enter cocoa Farms, Inspect and Mark cocoa Trees
The Director or his representative may enter and inspect any cocoa farm and may mark any cocoa tree for the purpose of controlling Swollen Shoot Disease.
3. Power to Destroy Affected Trees
The Director or his representative may destroy or otherwise treat any cocoa tree or any other tree or plant, which in his opinion is infected.
4. Notice of Intention to Mark and Treat Trees
The Director or representative will, by public announcement in the neighbourhood not less than 21 days before the date of such marking and treating, give notice of intention to mark or treat cocoa trees, with such information as to the time and place of the proposed operations as is reasonable for the purpose of affording the owners of the trees an opportunity to be present when their trees are marked or treated.
[P.N. 182 OF 1950]
5. Powers may be Exercised in Absence of Owner
Where notice has been given under regulation 5 and the owner or agent fails to and the Director or his representative may exercise powers conferred under these regulations in the absence of the owner.
LAWS OF LAGOS STATE
LAWS OF THE FEDERAL REPUBLIC OF NIGERIA
