NATIONAL COMMISSION FOR MUSEUMS AND MONUMENTS ACT

PostedOctober 30, 2020

UpdatedOctober 30, 2020

ByKhadfora

SECTION

ARRANGEMENT OF SECTIONS

PART I

National Commission for Museums and Monuments Establishment of the Commission

I. Establishment of National Commission for Museums and Monuments.

2. Membership and tenure of office.

3. Functions of the Commission.

4. Declaration of national museums.

5. Director-General of the Commission.

6. Appointment of Secretary, Directors, and other staff of the Commission.

7. Service in the Commission to be pensionable.

Financial provisions

8. Establishment of fund by the Commission.

9. Power to accept gifts.

10. Borrowing powers, etc.

11. Annual estimates, accounts and audits.

PART II

Declaration of antiquities as National Monuments, etc.

National monuments

12. Special powers of the Commission.

13. Steps towards declaration of antiquity as a national monument.

14. Powers in relation to antiquity pending declaration as a national monument.

15. Power to maintain other monuments.

16. Public access to monuments.

17. Compensation to owner.

18. Offences in relation to monuments.

Excavations and discoveries

19. Restrictions on excavations.

20. Discovery of objects of archaeological interest.

PART III

Prohibited transfers

21. Ban on buying or selling of antiquities.

SECTION

22. Search without warrant by police or customs.

23. Registration of antiquities.

24. Clearance permit.

25. Restriction on export of antiquities.

26. Compulsory purchase of antiquities.

27. Interpretation of this Part.

28. Annual reports.

29. Staff regulations.

30. Regulations.

PART IV

Miscellaneous and supplementary

31. Repeals, etc., and transitional and savings provisions.

32. Interpretation.

33. Short title.

SCHEDULES FIRST SCHEDULE

Supplementary provisions relating to the Commission

SECOND SCHEDULE

National museums

THIRD SCHEDULE

Transitional and savings provisions

FOURTH SCHEDULE

Form

An Act to provi de for the dissolution of both the Anti quities Commission and the FederalDe partment of Anti quities and to create aNational Commission for Mu- seums andMonuments therefrom and other mattersancillary thereto.

[1979 No. 77.]

[28th September, 1979]

[Commencement.]

PART I

National Commission for Museums and Monuments Establishment of the Commission

I. Establishment of National Commission for Museums and Monuments

(1) There is hereby established a body to be known as the National Commission for Museums and Monuments (in this Actreferred to as “the Commission”) which shall have the functions assigned to it by this Act.

(2) The Commission shall be a body corporate with perpetual succession and a com- mon seal and may sue or be sued in itscorporate name.

2. Membership and tenure of office

(1) The Commission shall consist of a chairman to be appointed by the President on the recommendation of the Minister and thefollowing other members, that is –

(a) five persons to be appointed by the President on the recommendation of the Minister being persons who by reasonof their ability, experience or special- ised knowledge in-

(i) education;

(ii) culture;

(iii) natural history;

(iv) science and technology; and

(v) sciences,

are capable of making useful contribution to the work of the Commission;

(b) nine representatives of the States to be appointed in rotation, so however that no State shall have more than onerepresentative at anyone time; and

(c) the Director-General.

(2) The Minister may appoint one of the members of the Commission referred to in paragraph (a) of subsection (1) of thissection to be the deputy chairman of the Commis – sion for such period as the Minister may determine, so however that deputy chairman who ceases to be a member shall also cease to be deputy chairman.

(3) Subject to subsection (4) of this section, a person appointed as a member of the Commission (not being an ex-officiomember) shall hold office for three years and shall be eligible for re-appointment for one further period of three years.

(4) The appointing authority may terminate the appointment of a member (not being an ex-officio member) on grounds ofmisbehaviour or inability to discharge the duties of his office by reason of physical or mental incapacity.

(5) The supplementary provisions contained in the First Schedule to this Act shall have effect with respect to the proceedings ofthe Commission and other matters therein mentioned.

[First Schedule.]

3. Functions of the Commission

( I) The functions of the Commission shall be-

(a) to administer national museums, antiquities and monuments;

(b) to establish and maintain national museums and other outlets for or in connec- tion with, but not restricted only tothe following, that is –

(i) antiquities;

(ii) science and technology;

(iii) warfare;

(iv) African, Black and other antiquities; ( v) arts and era fts;

(vi) architecture;

(vii) natural history; and

(viii) educational services;

(c) to make recommendations to any State Government or other person or author- ity concerning the establishment andmanagement of museums and the preser- vation of antiquities and monuments, not being national museums or antiqui- ties and monuments declared to be national antiquities and monuments; and

(d) to approve any museum, which is privately established and maintained, for the purposes of this Act and at any timewithdraw such approval.

(2) For the purposes of the proper discharge of its functions under this Act, the Commission-

(a) shall have power to acquire and dispose of any interests in land or other prop- erty; and

(b) may by agreement of the owner of any antiquity undertake or make arrange- ments for the maintenance of any suchantiquity on such terms and conditions as may be approved by the Commission.

4. Declaration of national museums

(1) The museums specified in the Second Schedule to this Act are hereby declared to be national museums for the purposes ofthis Act.

[Second Schedule.]

(2) The Minister may, as and when national museums are declared as prescribed by law, amend the Second Schedule to this Actaccordingly.

Staff of the Commission

5. Director-General of the Commission

(1) There shall be an officer of the Commission to be known as the Director-General who shall be appointed by the President onthe nomination of the Commission.

(2) The Director-General shall be the chief executive of the Commission and shall hold office on such terms and conditions asmay be specified in his letter of appointment or on such other terms and conditions as may be determined from time to time.

6. Appointment of Secretary, Directors and other staff ofthe Commission

(1) There shall be appointed by the Commission the following officers, that is –

(a) an Administrative Secretary;

(b) a Director of Museums and Monuments; and

(c) a Director of Research and Training.

(2) The Administrative Secretary shall be responsible to the Director-General for the day-to-day administration and for the finances of the Commission.

(3) The Director of Museums and Monuments shall be responsible to the Director- General for the upkeep and generalmaintenance of museums and monuments under the control or management of the Commission, and the collection of stock for suchmuseums and identification of antiquities to be declared as monuments.

(4) The Director of Research and Training shall be responsible to the Director- General for co-ordinating research staff andresearch projects of the Commission and the collation and publication of research materials and for training of technical staff of the Commission and from elsewhere.

(5) There may be appointed from time to time by the Commission such other staff as may be required for the purposes of theefficient performance of the functions conferred on the Commission under or pursuant to this Act.

7. Service in the Commission to be pensionable

(l) Notwithstanding the provisions of the Pensions Act, it is hereby declared that

service in the Commission shall be approved service for the purpose of that Act and, ac- cordingly, theemployees of the Commission shall in respect of their service in the Com- mission be entitled to suchpensions, gratuities and other retirement benefits as are en – joyed by persons holding equivalent grades in the public service of the Federation, so however that nothing in this section shall prevent theappointment of a person to any of- fice in the Commission on the terms which preclude the grant of apension, gratuity of other retirement benefits in respect of that office.

[Cap. P4.]

(2) For the purpose of the application of the provisions of the Pensions Act in accor- dance with this section-

(a) sections 3 (1) (a) and 21 of that Act shall have effect as if references therein to the Minister are references to the Commission; and

(b) the power under sections 3 (1) (b) and 4 (2) of that Act shall be exercisable by the Commission and not by any other authority.

Financial provisions

8. Establishment of fund by the Commission

(1) The Commission shall establish and maintain a fund which shall be applied to- wards the promotion of the objectives specified in this Act.

(2) There shall be paid and credited to the fund established pursuant to subsection (1) of this section-

(a) such sums as may be provided in each financial year to the Commission by the Federal Government;

(b) fees charged for services rendered by the Commission; and

(c) subject to section 9 (2) of this Act, all sums accruing to the Commission by way of gifts, testamentary disposition,endowments or contributions from phil- anthropic persons or organisations or otherwise howsoever.

9. Power to accept gifts

(1) The Commission may accept gifts of any antiquity, monument or museum or of any land, money, loan, building, work of artor other property connected with its func- tions under or pursuant to this Act upon such trusts and conditions, if any, as may be specified by the person or organisation making the gift.

(2) The Commission shall not accept any gifts if the conditions attached by the per- son or organisation making the gift to theacceptance thereof are inconsistent with the functions of the Commission.

10. Borrowing power, etc.

(1) The Commission may, with the consent of the Minister or in accordance with any general authority given in that behalf by theFederal Government, borrow by way of loan or overdraft from any source any sums required by the Commission for meeting itsobli- gations and discharging its functions under this Act.

(2) The Commission may, subject to the provisions of the Act and the conditions of any trust created in respect of any property,invest all or any of its funds with like consent or general authority.

(3) The Commission may invest any surplus funds of the Commission in such secu – rities as may be approved by the Minister,so however that in respect of any securities specified in the Trustee Investment Act, no such consent shall be necessary.

[Cap. T22.]

11. Annual estimates, accounts and audits

(1) The Commission shall cause to be prepared not later than 31 December in each year, an estimate of the expenditure and income of the Commission during the next suc- ceeding financial year and when so prepared, it shall be submitted to the Ministerfor ap – proval.

(2) The Commission shall cause to be kept proper accounts of the Commission and proper records in relation thereto and whencertified by the Commission such accounts shall be audited as provided in subsection (3) of this section.

(3) The accounts of the Commission shall be audited as soon as may be after the end of each financial year by auditors appointedby the Commission with the approval of the President and the fees of the auditors and the expenses of the audit generally shall bepaid from the funds of the Commission.

(4) Before appointing auditors as provided in subsection (3) of this section, the Commission shall consult the Ministerof Finance.

PART II

Declaration of antiquities as national monuments, etc.

National monuments

12. Special powers of the Commission

(1) For the purpose of the discharge of its functions under this Act, the Commission may-

(a) for the purpose of discovering antiquities in any area, carry out excavation with the knowledge of the StateGovernment concerned;

(b) by agreement with the owner of any antiquity (other than a monument) under- take its maintenance or any othermeasures which the Commission would have power to undertake if such antiquity were a national monument;

(c) if the Commission considers it expedient that any antiquity (other than a monument) should be preserved in amuseum, and with the knowledge of the State Government concerned, arrange for the purchase or loan of the antiquity and its removal to a national or other approved museum;

(d) enter upon any land where archaeological excavations or other operations are being carried on, and inspectsame.

(2) The powers conferred on the Commission under this section may be exercised on its behalf by any person or authorityauthorised either generally or specially by the Com- mission in that behalf.

13. Steps towar ds declaration of antiquity as a nationalmonument

(1) The Commission may if it considers that any antiquity is in need of protection or preservation and ought in the nationalinterest to be protected or preserved publish no- tices to that effect in the Federal Gazette and cause a copy of the notice to beserved on the owner of the antiquity concerned and every such notice shall-

(a) specify the antiquity and the place where it is or is believed to be;

(b) state that it is intended to make an application to the President to declare the antiquity to be a national monument;and

(c) state that any objection to such declaration shall be lodged with the Commis – sion within two months from the dateof publication of the notice.

(2) The Commission shall in any case in which it is reasonably practicable so to do, cause a copy of any notice publishedunder subsection (1) of this section to be posted in a conspicuous place on or near the antiquity to which it relates and additional copies shall be sent to the local government in which the antiquity is located and the secretary to the local government concernedshall post a copy of such notice in a conspicuous place in the principal office of such local government.

(3) Fro m the date of publication of a notice under subsection (1) of this section, until the publication of an order by thePresident under subsection (5) of this section or if no such order is published until the expiry of three months thereafter, it shall bean offence to destroy, deface, alter, remove or excavate or to transfer the possession of the antiquity to which the notice relatesexcept with the permission in writing of the Commission:

Provided that nothing in this subsection shall be deemed to prohibit the doing by the holder of amining title of any act in relation to any antiquity which is within the area to which the mining titlerelates if such act is authorised by the mining title and the holder has given the Commission at least one month’s notice in writing of his intention to do such act.

(4) The Commission shall within one month after the publication of a notice under subsection (1) of this section, submit tothe President in such manner as may be pre-

scribed, its application for the declaration as a national monument of the antiquity to

which the notice relates.

(5) An application submitted under subsection (4) of this section shall be considered by the President together with anyobjections furnished in relation thereto and the Presi- dent may by order published in the Federal Gazette either declare theantiquity to which the application relates to be a national monument, or notify his refusal to do so:

Provided that no such declaration shall be made after the expiry of three months from the dateof publication of the notice under subsection (1) of this section to which the application relates.

(6) An order made under subsection (5) of this section-

(a) may at any time be revoked by the President with the like consent whereupon the antiquity to which it relatesshall cease to be a national monument; and

(b) shall, unless and until it is revoked, be conclusive evidence of the fact that the antiquity to which it relates is a national monument.

(7) Any person who contravenes the provisions of subsection (3) of this section shall be guilty of an offence and shall beliable on conviction to a fine of N200 or imprison – ment for six months or to both such fine and imprisonment.

14. Powers in relation to anti quity pending declaration as national monument

Where a notice has been published in respect of antiquity under subsection (1) of sec- tion 13 of this Act, and the Commission considers that it is necessary to take immediate steps for the protection or preservation of an antiquity, the Commission may if so authorised by the Governor of the State where the antiquity is, do all such things as it would have been entitled to do if the antiquity had beendeclared a national monument:

Provided that the Commission shall not, save with the consent of the owner of the antiquity,exercise the power conferred by this section at any time after the Commission has been informed that thePresident has refused to declare the antiquity to be a national monument or, if the Commission has not been so informed, within three months of the publication of the notice aforesaid and the antiquity hasnot been so declared after the expiry of the said three months.

15. Power to maintain other monuments

The Commission may with the consent of the owner of a monument, or if it appears to theCommission that the monument is in danger of decay, destruction or removal or dam- age from neglect or injudicious treatment, maintain such monument and may-

(a) have access at all reasonable times to the monument for the purposes of in – specting it and doing such acts as maybe required for maintenance thereof; and

(b) where practicable remove the monument or any part of it for purposes of repair or protection for such period as maybe agreed between the owner thereof and the Commission.

16. Public access to monuments

The public shall have access to a monument to such extent including where applicable the payment of such fees as may be provided in rules made by the Commission with the consent of the Minister.

17. Compensation to owner

(1) Where an antiquity has been declared to be a national monument as provided in this Act, the owner thereof shall be entitledto compensation for the value at the date of such declaration and thereafter any estate, right, title and interest in and to suchantiquity shall be extinguished.

(2) In case of dispute as to the amount of compensation payable under this section such dispute shall be referred to a court ofcompetent jurisdiction in the area concerned.

18. Offences in relation to monuments

(1) Any person who, save as it is provided in this Act, wilfully destroys, defaces, al- ters, removes or excavates anymonument, shall be guilty of an offence and shall be liable on conviction to a fine of N1, 000 or twice the value of such monument (whichever is higher) or to imprisonment for twelve months or to both such fine and imprisonment.

(2) Any person who without lawful authority destroys, defaces, alters or removes any notice, mark or sign, denoting any monument or any fence, covering or other thing erected or provided for the maintenance of a monument, shall be guilty of anoffence and liable on conviction to a fine of N500 or to imprisonment for six months or to both such fine and imprisonment.

(3) Nothing in the foregoing provisions of this section shall be construed as prohib – iting the doing by the holder of a mining titleof any act in relation to a monument or a thing erected or provided for the maintenance of a monument which is within the area to which a mining title relates if-

(a) such act is authorised by the mining title; and

(b) the mining title was granted or became effective before the date on which the monument was so declared; and

(c) the holder has given the Commission at least three months’ notice in writing of his intention to do such act.

Excavations and discoveries

19. Restrictions on excavations

(1) No person shall by means of excavation or similar operations search for any an – tiquities unless authorised by permit issuedby the Commission and with the consent of the Government of a State in whose territory the search is to be carried out.

(2) The Commission shall before issuing a permit under this section satisfy itself that the applicant is competent by training and experience to carry out the operations for which the permit was required and may in its discretion require to be satisfied that hehas the financial means or the financial or other support of an archaeological or scienti fie society or institution of good repute.

(3) A permit issued under this section-

(a) may be made subject to such conditions as the Commission may think fit to impose;

(b) may at any time be revoked by the Commission without any reason being as – signed;

(c) shall not of itself confer any right to enter upon any land without the consent of the holder or occupier of the land orof any other person entitled to grant such consent.

(4) Notwithstanding the issue of a permit under this section, the person to whom the permit was issued and all persons engaged inany excavation or other operations to which the permit relates shall, if so required by any person duly authorised in writing by the Commission, suspend such operations until notified by the Commission that they may be resumed.

(5) Any person who contravenes the provisions of subsection (1) or (4) of this section or fails to comply with any conditions of apermit granted to him under this section, shall be guilty of an offence and liable on conviction to a fine of N500 or to imprisonmentfor six months or to both such fine and imprisonment.

20. Discovery of objects of archaeological interest

(1) Any person who discovers an object of archaeological interest in the course of operations permitted under section 19 ofthis Act shall, not later than seven days there- after, give notice thereof to the Commission.

(2) Any person who discovers an object of archaeological interest otherwise than in the course of operations mentioned insubsection (l) of this section shall, not later than seven days thereafter, gi ve notice thereof together with particulars of the placeand the circumstances of the discovery to the Commission and to the secretary to the local gov- ernment where such discovery ismade or to such other person as may be prescribed.

(3) Any person who knowingly fails to comply with any of the foregoing provisions of this section shall be guilty of an offenceand liable on conviction to a fine of N500 or to imprisonment for six months or to both such fine and imprisonment.

PART III

Prohibited transfers

21. Ban on buying or selling of antiquities

(1) No person shall-

(a) buy any antiquity unless he is an accredited agent; or

(b) sell any antiquity to any person other than an accredited agent

(2) Any person who contravenes the provisions of this section shall be guilty of an offence and on conviction shall be liable to afine of N2,000 or five times the value of the antiquity, whichever is the greater, or to imprisonment for three years, and the court im- posing the fine or the imprisonment shall make an order for the forfeiture of the antiquity connected with the offence to the State.

22. Search without warrant by police or customs

(1) Any police officer may at any time search without warrant any person or the property of any person he reasonablysuspects of-

(a) buying any antiquity while he is not an accredited agent; or

(b) selling any antiquity to a person who is not an accredited agent and he may seize anything he reasonablysuspects to be an antiquity together with any container in which it is kept.

(2) Any officer of the Nigerian Customs Service may at any time search without war- rant anything intended to be exported from Nigeria if he reasonably believes that the thing intended to be exported from Nigeria contains any antiquity, and he may seize the thing he reasonably suspects to be an antiquity together with any container in which it is kept.

(3) Anything seized under subsection (1) or (2) of this section shall as soon as pos – sible be taken before a magistrate who-

(a) in respect of seizure under subsection (1) of this section, shall make an order for the forfeiture of the thing seized together with any container in which it is kept to the State, if it is established that the thing seized is an antiquity and that it has been bought or sold contrary to the provisions of section 21 of this Act;

(b) in respect of seizure under subsection (2) of this section, shall make an order for the forfeiture of the thing seized together with any container in which it is kept to the State if it is established that the thing seized is an antiquity and that no export permit in respect thereof has been issued by the Commission.

(4) A magistrate shall notwithstanding the provisions of any other enactment, have jurisdiction for the summary trial of anymatter under this Part of this Act and may im- pose any fine, any sentence or any other penalty, provided by this Act.

(5) Any antiquity forfeiture to the State under any of the provisions of this Part of this Act shall be kept in the custody of theDirector-General and shall be disposed of in such a manner as the Commission may direct.

(6) Any person obstructing a police officer or an officer of the Nigerian Customs Service in the performance of his dutiesunder this Act shall be guilty of an offence and liable on conviction to a fine of N I ,000 or to imprisonment for three years.

23. Registration of anti quities

(1) Any person who has an antiquity in his possession or under his control either be- fore or after the commencement of thisAct shall, if so demanded by an accredited agent, register the antiquity with the accredited agent who may call upon him in personbetween the hours of 8 a.m. and 6 p.m. any day, except on work-free days, for that purpose.

(2) Any antiquity not so registered by a person who is in possession or control of it when an accredited agent has called uponhim in person for the registration thereof shall be liable to seizure by a police officer, but the antiquity shall not be forfeited excepton the order of a magistrate.

24. Clearance permit

(1) Where a person is in any doubt as to whether or not an object in his possession is an antiquity, he may apply in person, orin writing, attaching the object in his possession or a photograph of it, to the Director-General, or any person authorised in writingby the Director-General, for the determination of the matter.

(2) Where the Director-General or the person authorised in writing by him, is satis – fied that the object in the possession ofthe applicant is not an antiquity, he may issue a permit (hereinafter called a “clearance permit”) in respect of that object.

(3) A clearance permit issued in respect of an object shall be conclusive proof that the object is not an antiquity.

25. Restriction on export of anti quities

(1) Subject to the provisions of subsection (4) of this section and to any exception as may be prescribed, no antiquity shall beexported from Nigeria without a permit issued in that behalf by the Commission.

(2) An application for a permit under this section shall be made in such manner as may be prescribed.

(3) Before issuing a permit under this section in respect of an antiquity the Commis – sion may cause the antiquity to be inspected and to be sealed.

(4) A permit under this section shall not be required for the export of an antiquity which has been lawfully imported intoNigeria, but if in any legal proceedings against any person in respect of a contravention of this section any question shall arisewhether an antiquity has been lawfully imported into Nigeria the onus of proof thereof shall lie upon that person.

26. Compulsory purchase of antiquity

(1) Where any person has applied to the Commission for a permit to export any an – tiquity from Nigeria and the permit isrefused, the Commission acting through an accred – ited agent may for a fair and reasonable local price compulsorily buy the antiquity from the applicant.

(2) Any person who is dissatisfied with the local price offered or paid for his antiq – uity by an accredited agent may, withinthirty days of the offer or the payment, apply to the High Court having jurisdiction in the place where the offer or the payment wasmade to determine a fair and reasonable local price for his antiquity.

(3) Any application under subsection (2) of this section, shall be by summons and as in the Form set out in the Fourth Scheduleto this Act.

[Fourth Schedule.]

(4) Any applicant for a permit under subsection (1) of this section, who intentionally destroys or damages the antiquity for which a permit to export from Nigeria has been refused, shall be guilty of an offence and on conviction shall be liable to a fine ofN200 or to imprisonment for six months.

27. Interpretation of this Part

In this Part-

“export permit” means the permit issued under section 25 of this Act;

“the State” means the Government of the Federation;

“value” means the price for which an antiquity would be sold if it were offered for sale in an international art market.

28. Annual reports

PART IV

Miscellaneous and supplementary

The Commission shall, not later than 30 June in each year, submit to the President through theMinister a report on the activities of the Commission and its administration during the immediatelypreceding year and shall include in such report the audited ac – counts of the Commission.

29. Staff regulations

(1) Subject to the provisions of this Act, the Commission may make staff regulations relating generally to the conditions ofservice of the employees of the Commission and, without prejudice to the foregoing, such regulations may provide for-

(a) the appointment, promotion and disciplinary control (including dismissal) of employees of the Commission; and

(b) appeals by such employees against dismissal or other disciplinary measures,

and until such regulations are made, any instrument relating to the conditions of officers in the publicservice of the Federation shall, with such modifications as may be neces –

sary, be applicable to the employees of the Commission.

(2) Staff regulations made under subsection (1) of this section shall not have effect until approved by the Minister; and when soapproved they may not be published in the Federal Gazette but the Commission shall cause them to be brought to the notice of all affected persons in such manner as it may, from time to time, determine.

30. Regulations

Subject to the other provisions of this Act, the Minister, with the approval of the President, maymake regulations generally for the purposes of this Act and the due ad – ministration thereof.

31. Repeals, etc., and transitional and savings provisions

(1) The Antiquities Act and the Antiquities (Prohibited Transfers) Act are hereby re- pealed and the Antiquities (Amendment)Act is hereby consequentially repealed.

[1974 No. 9. 1969 No. 19.]

(2) The Antiquities Commission established under the aforementioned Act is hereby dissolved and notwithstanding the provisionsof this section, the transitional and savings provisions in Part A of the Third Schedule to this Act shall have effect in relation to the assets and liabilities of the dissolved Commission and the other matters mentioned in the said Schedule.

[Third Schedule. Part A.]

(3) As from the date of commencement of this Act, the department of the Federal Ministry of Information and National Orientation known and styled as the Federal De- partment of Antiquities shall cease to exist and the transitional and savingsprovisions in Part B of the Third Schedule to this Act shall have effect in relation to the public officers in the dissolved Department,the assets and liabilities held by or on behalf of the Federal Government for any purpose in respect of which the said Departmenthad responsibility and the other matters mentioned in the said Schedule.

[Third Schedule. Part B.]

32. Interpretation

In this Act, unless the context otherwise requires –

“accredited agent” means the Director-General or any employee of the Commission authorised inwriting by the Commission or any person or body in any State authorised in writing by the Minister to act for the Commission in the State concerned;

“antiquity” means-

(a) any object of archaeological interest or land in which any such object was dis – covered or is believed to exist; or

(b) any relic of early human settlement or colonisation; or

(c) any work of art or craft work, including any statue, model, clay figure, figure cast or rust metal, carving, house post,door, ancestral figure, religious mask, staff, drum, bolt, ornament, utensil, weapon, armour, regalia, manuscript of document if such work of art or craft work is of indigenous origin and –

(i) was made or fashioned before the year 1918; or

(ii) is of historical, artistic or scientific interest and is or has been used at any time in the performance and forthe purposes of any traditional ceremony,

and in the case of any object or relic mentioned in paragraph (a) or (b) of this section includes for thepurposes of this Act any land adjacent thereto which in the opinion of the Commission, a StateGovernment or, as the case may require, the President, is reasonably required for the purpose ofmaintaining the same or the amenities thereof or for providing or facilitating access thereto, or for theexercise of proper control or management with respect thereto;

“approve d museum” means a museum approved by the Commission under section 3 of this Act;

“the Commission” means the National Commission for Museums and Monuments establishedunder section I of this Act;

“local government” means any local government council established by law in any State of theFederation;

“maintenance”, in relation to an antiquity, includes the fencing, repairing and cov – ering of anyantiquity and the doing of any other act or thing which may be required fo r the purpose of repairing theantiquity or protecting it from decay or injury, and “main – tain” shall be construed accordingly;

“the Minister” means the Minister charged with responsibility for antiquities, muse- ums and national monuments;

“mining title” means any licence, right or lease granted under the provisions of the Minerals andMining Act, and the Petroleum Act or under the provisions of any other enactment regulating orauthorising the mining of solid or other minerals;

[Cap. M12.]

“monument” or “national monument” means any antiquity declared to be such un- der section 13 of this Act;

“object” of “archaeological interest” means-

(a) any fossil remains of man or of animals found in association with man; or

(b) any side trace or ruin of an ancient habitation, working place, midden or sacred place; or

(c) any case or other natural shelter or engraving, drawing, painting, or inscription on rock or elsewhere; or

(d) any stone object or implement believed to have been used or produced by early man; or

(e) any ancient structure, erection, memorial, causeway, bridge, cairn, tumulus, grave, shrine, excavation, well, watertank, artificial hole, monolith, grove of stores, earthwork, wall, gateway or fortification; or

(f) any antique tool or object of metal, wood, stone, clay, leather, textile, basket wear or other material,

which is (or are) of archaeological interest;

“owner” includes a joint owner invested with powers of management in respect of an antiquity onbehalf of himself and other joint owners and any agent or trustee exercising such powers and the attorney of any such person.

33. Short title

This Act may be cited as the National Commission for Museums and Monuments Act.

SCHEDULES FIRST SCHEDULE

[Section 2 (5).]

Supplementary provisions relating to the Commission

Proceedings

1. Subject to this Act and section 27 of the Interpretation Act (which provides for decisions of a statutory body be taken by a majority ofits members and for the person presiding to have a second or casting vote), the Commission may make standing orders regulating theproceed – ings of the Commission or any committee thereof.

[Cap. 123.]

2. Every meeting of the Commission shall be presided over by the chairman or in his absence by any deputy chairman appointedpursuant to section 2 (2) of this Act but in the absence of both the members present at the meeting shall elect one of their number to preside at the meeting.

3. The quorum at a meeting of the Commission shall consist of the chairman (or in an appro – priate case the person presiding at themeeting pursuant to paragraph (2) of this Schedule) and eight other members of whom at least two shall be members appointed pursuantto paragraph

(a) of section 2 (1) of this Act.

4. Where upon any special occasion the Commission desires to obtain the advice of any per- son on any particular matter, theCommission may co-optthat person to be a member for as many meetings as may be necessary, and that person while so eo-optedshall have all the rights and privileges of a member except that he shall not be entitled to vote.

Committees

5. (1) Subject to its standing orders, the Commission may appoint such number of standing and ad-hoc committees as it thinks fit to consider and report on any matter with which the Commission is concerned.

(2) Every committee appointed under the forgoing provisions of this paragraph shall be presided over by a member of theCommission and shall be made up of such number of other persons, not necessarily members of the Commission, as the Commissionmay determine in each case.

(3) The quorum of any committee set up by the Commission shall be as may be deter- mined by the Commission.

6. Where standing orders made pursuant to paragraph I of this Schedule provide for a com- mittee of the Commission to consist of or co-optpersons who are not members of the Com- mission, the committee may advise the Commission on any matter referred to it by theCom- mission.

Miscellaneous

7. The fixing of the seal of the Commission shall be authenticated by the signature of the chairman or of the Director-General ofthe Commission.

8. Any contract or instrument which, if made by a person not being a body corporate, would not be required to be under seal may bemade or executed on behalf of the Commission by the Director-General or by any other person generally or specially authorised to actfor that pur- pose by the Commission.

9. Any document purporting to be a contract, instrument or other document duly signed or sealed on behalf of the Commission shallbe received in evidence and shall, unless the con – trary is proved, be presumed without further proof to have been so signed or sealed.

10. The validity of any proceedings of the Commission or of a committee thereof shall not be affected-

(a) by any vacancy in the membership of the Commission, or any committee thereof; or

(b) by any defect in the appointment of a member of the Commission or any com- mittee thereof.

11. Any member of the Commission or a committee thereof who has a personal interest in any contract or arrangement entered intoor proposed to be considered by the Commission or committee thereof shall forthwith disclose his interest to the Commission or thecommittee and shall not vote on any question relating to the contract or arrangement.

12. No member of the Commission shall be personally liable for any act or omission done or made in good faith while engaged on the business of the Commission.

I. National Museums, Lagos.

2. National Museum, Jos.

3. National Museum, Kaduna.

4. National Museum, Oron.

5. National Museum, Benin.

6. National Museum, Owo.

7. Ife Museum, Ile-lfe.

8. Esie Museum, Esie.

SECOND SCHEDULE

[Section 4 (\ ).]

National museums

9. Kano Museum, (Gidan Makama), Kano.

THIRD SCHEDULE

[Section 31 (2).]

Transitional and savings provisions

PART A

Provisions relating to the dissolved Antiquities Commission

1. By virtue of this Act, there shall be vested in the National Commission for Museums and Monuments (in this Part or this Schedule hereafter referred to as “the new Commission”) on the appointed day and without further assurance all assets, funds, resources and othermovable and immovable property which immediately before the appointed day were vested in the An – tiquities Commission dissolved by this Act (in this Part of this Schedule hereafter referred to as “the old Commission”).

2. As from the appointed day-

(a) the rights, interest, obligations and liabilities of the old Commission existing immediately before the appointed dayunder any contract or instrument, or at law or in equity apart from any contract or instrument, shall by virtue of this Act be assigned to and vested in the new Commission;

(b) any such contract or instrument as is mentioned in paragraph (a) of this Sched- ule shall be of the same force andeffect against or in favour of the new Corn – mission and shall be enforceable as fully and effectively as if instead of theold Commission, the new Commission had been named therein or had been a party thereto; and

(c) the new Commission shall be subject to all the obligations and liabilities to which the old Commission was subjectimmediately before the appointed day, and all other persons shall as from the appointed day have the same rights, powers and remedies against the new Commission as they had against the old Commission immediately before the appointed day.

3. Any proceeding or cause of action pending or existing immediately before the appointed day by or against the old Commission inrespect of any right, interest, obligation or liability of the old Commission may be commenced, continued or enforced by or against thenew Com- mission as if this Act had not been made.

4. Notwithstanding the dissolution of the old Commission by this Act, any person who im- mediately before the appointed day heldoffice as a member of the old Commission shall, as from the appointed day, continue to hold such office as a member of the newCommission as if appointed pursuant to section 2 of this Act and until such time as new appointments are made thereunder.

PARTB

Provisions relating to the Dissolved Federal Department of Antiquities

5. Notwithstanding the dissolution of the Federal Department of Antiquities by this Act but subject as hereinafter provided, any person who immediately before the appointed day held office in the said Department shall, on the appointed day, be deemed to havebeen deployed to the Commission by the Federal Civil Service Commission.

6. (1) The Commission shall, not later than three months after the appointed day, by notice in writing, offer, to every personremaining deployed to its service at that time, employment

on terms and conditions as are not less favourable than those enjoyed by that person immedi- ately before his deployment.

(2) For the purposes of this Schedule, the terms and conditions comprised in any offer shall not be construed as being less favourable merely because they are not in all respects identical with or superior tothe terms and conditions enjoyed by the person immediately be – fore the deployment, if the first-mentioned terms and conditions taken as a whole offer sub- stantially equivalent or greater benefits.

7. (l) Any person to whom an offer of employment is made pursuant to paragraph 6 of this Schedule and who fails within thirty daysthereafter to give the Commission an acceptance in writing of the offer shall be deemed to have refused the offer.

(2) If a person refuses an offer of employment made to him pursuant to the said para- graph 6 (eitheras provided in sub-paragraph (1) of this paragraph or otherwise however), the obligation imposed on theCommission to employ that person shall thereupon determine:

Provided that nothing herein shall be construed as extinguishing the right of any such person to bere-absorbed in the pubic service of the Federation if, immediately be- fore the appointed day, he was amember of that public service.

8. When a person accepts an offer of employment made pursuant to paragraph 6 of this Schedule, such person shall be deemed tohave been transferred to the Commission and his

previous service in the Department shall be deemed to be service in the Commission for pen- sionspurposes.

9. (1) The provisions of this paragraph shall apply to all contracts or other instruments sub – sisting immediately before the appointedday and entered into by or on behalf of the Federal Government for any purpose in respect of which the dissolved Department hadresponsibility and which are not excluded by that Government from the operation of the provisions of this paragraph.

(2) By virtue of this Act, there shall be vested in the Commission as fro m the appointed day and without further assurance, allassets, funds, resources and other movable or immov – able property which immediately before the appointed day were vested by theGovernment in the dissolved Department and held by it on behalf of the Government of the Federation and which are not excluded asaforesaid.

(3) As from the appointed day-

(a) the rights, interest, obligations and liabilities of the Government existing im- mediately before the appointed dayunder any aforementioned contract or in- strument, or at law or in equity apart from any contract or instrument, shall by virtue of this Act vest in the Commission;

(b) any such contract or instrument as is mentioned in sub-paragraph (a) of this paragraph shall be of the same force and effect against or in favour of the Commission and shall be enforced as fully and effectively as if instead of the Government, the Commission had been named therein or had been a party thereto; and

(b) any proceeding or cause of action pending or existing, or which could have been taken by oragainst the Government immediately before the appointed day in respect of any right, interest,obligation or liability of the Government may be commenced, continued or enforced or taken by or against the Commission as if this Act had not been made.

(4) For the avoidance of doubt, it is hereby declared that the provisions of this paragraph or any other provisions of this Act shallbe without prejudice to the relevant provisions of the Constitution of the Federal Republic of Nigeria, 1999.

[Cap. C23.]

PARTC

Supplementary

10. Within the twelve months next after the making of this Act the Minister, if he thinks fit, may by order in the Federal Gazette makeadditional transitional or saving provisions for the better carrying out of the objectives of this Schedule.

11. In this Schedule, the “appointe d day” means the date of coming into force of this Act.

FOURTH SCHEDULE

[Section 26 (3).]

IN THE HIGH COURT OF ………………………………………………………………………………………………….. DETERMINATION OF REASONABLE PRICE FOR ANTIQUITY

Let all parties attend at………………………………………on the ……………. day of ……………………………….

20 …………………………. at …………………….o’clock in the ………………………………………… noon on the hearing of an

application on the part of ………………………………………………………………………………………for the determination

of the following questions –

What should be a fair and reasonable local price for the antiquity for which-

(a) ………………………………………………………demands a price of ………………………………………………..;

(b) the National Commission For Museums and Monuments has paid/offered to pay …………….,

(c) and any other questions connected with the local price of the antiquity.

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

I. National Commission for Museums and Monuments (Monuments) Declaration Notice 1956.

2. The National Commission for Museums and Monuments (Export Permits) Regulations.

3. National Commission for Museums and Monuments (Monuments) Declaration Notice 20th February 1959.

4. National Commission for Museums and Monuments (Monuments) Declaration (No. 2) Notice 23rd April 1959.

5. National Commission for Museums and Monuments (Monuments) Declaration (No. 3)

Notice 26th May 1959.

6. National Commission for Museums and Monuments (Monuments) Declaration (No. 5) Notice 14th August 1959.

7. Lagos (Control and Preservation of Antiquities) Bye-Laws.

8. National Commission for Museums and Monuments (Monuments) Declaration Notice 19th March 1963.

9. National Commission for Museums and Monuments (Monuments) Declaration Notice 28th May 1964.

10. National Commission for Museums and Monuments (Monuments) Declaration Notice 15th December 1964.

11. National Commis sion for Museums and Monuments (Monuments) Declaration Notice 5th August 1965.

12. National Monument (Old Secretariat Building) Declaration Order 6th August 1982.

13. Museums and Monuments (Declaration) (Amendment) Notice (23rd November 1992).

NATIONAL COMMISSION FOR MUSEUMS AND MONUMENTS (MONUMENTS) DECLARATIONNOTICE 1956

[L.N. 12 of 1956. 31 of 1956. 80 of 1956. .108 of 1956.]

under section 13

1. Short title

This Notice may be cited as the National Commission for Museums and Monuments (Monuments)Declaration Notice 1956.

2. Declaration of monuments

The antiquities set forth in the Schedule to this notice are declared to be monuments.

SCHEDULE

(1) The stone-built causeway at Forof, near Bokkos in Plateau Province, together with an area of land including the streamwithin a radius of three hundred feet of the centre of the causeway.