National Commission for Museums and monuments
Decree n° 77, 28th September 1979
The federal military government hereby decrees as follows: –
Part I - National Commission for Museums and Monuments
Establishment of the Commission
1. – (1) There is hereby established a body to be known as the National Commission for Museums and Monuments (hereinafter in this decree referred to the “the Commission”) which shall have the functions assigned to it by this Decree.
(2) The Commission shall be a body corporate with perpetual succession and common seal and may sue or be sued in its corporate name.
2. – (1) The Commission shall consist of a Chairman to be appointed by the Federal Executive Council on the recommendation of the Commissioner and the following other members, that is –
five persons to be appointed by the Federal Executive Council on the recommendation of the Commissioner, being persons who by reason of their ability, experience or specialised knowledge in–
science and technology, and
are capable of making useful contributions to the work of the Commission;
nine representatives of the States to be appointed in rotation, so however that no State shall have more than one representative at any one time; and
The Commissioner may appoint one of the members of the Commission referred to in paragraph (a) of subsection (1) above to be the Deputy Chairman of the Commission for such period as the Commissioner may determine, so however that a Deputy Chairman who ceases to be a member shall also cease to be Deputy Chairman.
Subject to subsection (4) below, a person appointed as a member of the Commission (not being and ex-officio member) shall hold office for three years and shall be eligible for re-appointment for one further period of three years.
The appointing authority may terminate the appointment of a member (not being an ex-officio member) on grounds of misbehavior or inability to discharge the duties of his office by reason of physical or mental incapacity.
The supplementary provisions contained in Schedule 1 to this Decree shall effect with respect to the proceedings of the Commission and other matters therein mentioned.
3. – (1) The functions of the Commission shall be–
to administer national museums, antiquities and monuments;
to establish and maintain national museums and other outlets for or in connection with, but not restricted only to the following, that is-
science and technology,
African, black and other antiquities,
arts and crafts,
natural history, and
to make recommendations to any State Government or other person or authority concerning the establishment and management of museums and the preservation of antiquities and monuments declared to be national antiquities and monuments; and
to approve any museum, which is privately established and maintained, for the purposes of this Decree and at any time withdraw such approval.
(2) For the purposes of the proper discharge of its functions under this Decree, the commission–
shall have power to acquire and dispose of any interests in land or other property; and
may by agreement of the owner of any antiquity undertake or make arrangements for the maintenance of any such antiquity on such terms and conditions as may be approved by the Commission.
4. – (1) The museums specified in Schedule 2 to this Decree are hereby declared to be national museums for the purposes of Item 26 of the Exclusive Legislative List in Part I of the Schedule to the Constitution of the Federation and references in this Decree to national museums shall be construed accordingly.
The Commissioner may, as and when national museums are declared as prescribed by law, amend Schedule 2 to this Decree accordingly.
Staff of the Commission
5. – (1) There shall be an officer of the Commission to be known as the Director-General who shall be appointed by the Federal Executive Council on the nomination of the Commission.
The Director-General shall be the chief executive officer of the Commission and shall hold office on such terms and conditions as may be specified in his letter of appointment or on such other terms and conditions as may be determined from time to time.
6. – (1) There shall be appointed by the Commission the following officers, that is–
an Administrative Secretary;
a Director of Museums and Monuments; and
a Director of Research and Training.
The Administrative Secretary shall be responsible to the Director-General for the day-to-day administration and for the finances of the Commission.
The Director of Museums and Monuments shall be responsible to the Director-General for the upkeep and general maintenance of museums and monuments under the control or management of the Commission, and the collection of stock for such museums and identification of antiquities to be declared as monuments.
The Director of Research and Training shall be responsible to the Director-General for co-ordinating research staff and research projects of the Commission and the collation and publication of research material and for training of technical staff of the Commission and from elsewhere.
There may be appointed from time to time by the Commission such other staff as may be required for the purposes of the efficient performance of the functions conferred on the Commission under or pursuant to this decree.
7. – (1) Notwithstanding the provisions of the Pensions Act, it is hereby declared that service in the Commission shall be approved service for the purposes of that Act and accordingly, the employers of the Commission shall in respect of their service in the Commission be entitled to such pensions, gratuities and other retirement benefits as are enjoyed by persons holding equivalent grades in the public service of the Federation, so however that nothing in this section shall prevent the appointment of a person to any office in the Commission on terms which preclude the grant of a pension, gratuity or other retirement benefits in respect of that office.
For the purpose of the application of the provisions of the Pensions Act in accordance with this section–
subsection (1) if section 7 of that Act (which confers on the Commissioner for Establishments of power to waive the requirement to give notice of desire to retire at the age of 45) shall effects as if references therein to that Commissioner they were substituted references to the Commission; and
the power under subsection (1) of section 9 of that Act to require an officer to retire at any time after attaining the age of 45, subject to his being given six months’ notice in writing, shall be exercisable by the Commission and not by any other authority.
8. – (1) The Commission shall establish and maintain a fund, which shall be applied towards the promotion of the objectives specified in this Decree.
There shall be paid and credited to the fund established pursuant to subsection (1) above–
such sums as may be provided in each financial year to the Commission by the Federal Government;
fees charged for services renferred by the Commission; and
subject to section 9 (2) of this decree, all sums accruing to the Commission by way of gifts, testamentary disposition, endowments or contributions from philanthropic persons or organisations or otherwise howsoever.
9. – (1) The Commission may accept gifts of any antiquity, monument or museum or of any land, money, loan, building, work of art or other property connected with its functions under or pursuant to this Decree upon such trusts and conditions, if any, as may be specified by the person or organisation making the gift.
The Commission shall not accept any gift if the conditions attached by the person or organisation making the gift to the acceptance thereof are inconsistent with the functions of the Commission.
10. – (1) The Commission may, with the consent of the Commissioner or in accordance with any general authority given in that behalf by the Federal Government, borrow by way of loan or overdraft from any source any sums required by the Commission for meeting its obligations and discharging its functions under this Decree.
The Commission may, subject to the provisions of the Decree and the conditions of any trust created in respect of any property, invested all or any of its funds with the like consent or general authority.
The Commission may invest any surplus funds of the Commission in such securities as may be approved by the Commissioner, so however that in respect of any securities specified in the Government and other Securities (Local Trustees’Powers) Act or the Trustee Investments Act 1962, no such consent shall be necessary.
11. – (1) The Commission shall cause to be prepared not later than 31St December in each year, an estimate of the expenditure and income of the Commission during the next succeeding financial year and when so prepared, it shall be submitted to the Commissioner for approval.
The Commission shall cause to be kept proper accounts of the Commission and proper records in relation thereto and when certified by the Commission such accounts shall be audited as provided in subsection (3) below.
The accounts if the Commission shall be audited as soon as may be after the end of each financial year by auditors appointed by the Commission with the approval of the Federal Executive Council and the fees of the auditors and the expenses of the audit generally shall be paid from the funds of the Commission.
Before appointing auditors as provided in subsection (3) of this section, the Commission shall consult the Federal Commissioner for Finance.
Part II – Declaration of Antiquities as National Monuments, etc
12. – (1) For the purposes of the discharge of its functions under this Decree, the Commission may–
for the purpose of discovering antiquities in any area, carry out excavation with the knowledge of the State Government concerned;
by agreement with the owner of any antiquity (other than a monument) undertake its maintenance or any other measures which the Commission would have power to undertake if such antiquity were a national monument;
if the Commission considers it expedient that any antiquity(other than a monument) should be preserved in a museum, 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;
enter upon any land where archeological excavations or other operations are being carried on, and inspect same.
The powers conferred on the Commission under this section may be exercised on its behalf by any person or authority authorised either generally or specially by the Commission in that behalf.
13. – (1) The Commission may if it considers that any antiquity is in need of protection or preservation and ought in the national interest to be protected or preserved publish notices to that effect in the Federal Gazette and in the appropriate State Gazette and cause a copy of the notice to be served on the owner of the antiquity concerned and every such notice shall–
specify the antiquity and the place where it is or is believed to be;
state that it is intended to make an application to the Head of the Federal Military Government to declare the antiquity to be a national monument; and
state that any objection to such declaration shall be lodged with the Commission within two months from the date of publication of the notice.
The Commission shall in any case in which is reasonably practicable so to do, cause a copy of any notice published under subsection (1) above 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 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 concerned shall post a copy of such notice in a conspicuous place in the principal office of such local government.
From the date of publication of a notice under subsection (1) above, until the publication of an order by the Head of the Federal Military Government under subsection (5) of this section or if no such order is published until the expiry of three months thereafter, it shall be an offence to destroy, deface, alter, remove or excavate or to transfer the possession of the antiquity to which the notice relates except 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 a mining title of any act in relation to an antiquity which is within the area to which the mining title relates 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.
The Commission shall be within one month after the publication of a notice under subsection (1) of this section, submit to the Head of the Federal Military Government in such manner as may be prescribed, its application for the declaration as a national monument of the antiquity to which the notice relates.
An application submitted under subsection (4) of this section shall be considered by the Head of the Federal Military Government together with any objections furnished in relation thereto and the Head of the Federal Military Government may with the prior approval of the National Council of States by order published in the Gazette either declare the antiquity 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 date of publication of the notice under subsection (1) to which the application relates.
An order made under subsection (5) of this section–
may at any time be revoked by the Head of the Federal Military Government with the like consent whereupon the antiquity to which it relates shall cease to be a national monument; and
shall, unless and until it is revoked, be conclusive evidence of the fact that the antiquity to which it relates is a national monument.
Any person who contravenes the provisions of subsection (3) of this section shall be guilty of an offence and shall be liable on conviction to a fine of N200 or imprisonment for six months or to both such fine and imprisonment.
Where a notice has been published in respect of antiquity under subsection (1) of section 13 of this decree, 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 Military Administrator of the State where the antiquity is, do all such things as it would have been entitled to do if the antiquity had been declared 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 the Head of the Federal Military Government 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 has not been so declared after the expiry of the said three months.
The Commission may with the consent of the owner of a monument, or if it appears to the Commission that the monument is in danger of decay, destruction or removal or damage from neglect or injudicious treatment, maintain such monument and may–
have access at all reasonable times to the monument for the purposes of inspecting it and doing such acts as may be required for maintenance thereof; and
where practicable remove the monument or any part of it for the purposes of repair or protection for such period as may be agreed between the owner thereof and the Commission.
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 Commissioner.
17. – (1) Where an antiquity has been declared to be a national monument as provided in this Decree, the owner thereof shall be entitled to compensation for the value at the date of such declaration and thereafter any estate, right, title and interest in and to such antiquity shall be extinguished.
In case of dispute as to the amount of compensation payable under this section such dispute shall be referred to a court of competent jurisdiction in the area concerned.
18. – (1) Any person who, save as it is provided in this Decree, willfully destroys, defaces, alerts, removes or excavates any monument, 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 12 months or to both such fine and imprisonment.
Any person who without lawful authority destroys, defaces, alerts 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 an offence and liable on conviction to a fine of N500 or to imprisonment for six months or to both such fine and imprisonment.
Nothing in the foregoing provisions of this section shall be construed as prohibiting the doing by the holder of a mining title of 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–
such act is authorised by the mining title; and
the mining title was granted or became effective before the date on which the monument was so declared; and
the holder has given the Commission at least three months’ notice in writing of his intention to do such act.
Excavations and Discoveries
19. – (1) No person shall by means of excavation or similar operations search for any antiquities unless authorised by permit issued by the Commission and with the consent of the State Government in whose territory the search is to be carried out.
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 he has financial means or the financial or other support of an archeological or scientific society or institution of good repute.
A permit issued under this section–
may be made subject to such conditions as the Commission may think fit to impose;
may at any time be revoked by the Commission without any reason being assigned;
shall not of itself confer any right to enter upon any land without the consent of the holder or occupier of the land or of any other person entitled to grant such consent.
Notwithstanding the issue of a permit under this section, the person to whom the permit was issued and all persons engaged in any 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.
Any person who contravenes the provisions of subsection (1) or (4) of this section or fails to comply with any conditions of a permit granted to him under this section, shall be guilty of an offence and liable on conviction to a fine of N500 or to imprisonment for six months or to both such fine and imprisonment.
20. – (1) Any person who discovers an object of archaeological interest in the course of operations permitted under section 19 of this Decree shall, not later than 7 days thereafter, give notice thereof to the Commission.
Any person who discovers an object of archaeological interest otherwise than in the course of operations mentioned in subsection (1) above shall, not later than 7 days thereafter, give notice thereof together with particulars of the place and the circumstances of the discovery to the Commission and to the Secretary to the local government where such discovery is made or to such other person as may be prescribed.
Any person who knowingly fails to comply with any of the foregoing provisions of this section shall be guilty of an offence and 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. – (1) No person shall–
buy any antiquity unless he is an accredited agent; or
sell any antiquity to any person other than an accredited agent.
Any person who contravenes the provisions of this section shall be guilty of an offence and on conviction shall be liable to a fine of N2,000 or five times the value of the antiquity, whichever is the greater, or to imprisonment for three years, and the court imposing the fine or the imprisonment shall make an order for the forfeiture of the antiquity connected with the offence to the State.
22. – (1) Any police officer may at any time search without warrant any person or the property of any person he reasonably suspects of–
buying any antiquity while he is not an accredited agent; or
selling any antiquity to a person who is not an accredited agent and he may seize anything he reasonably suspects to be an antiquity together with any container in which it is kept.
Any officer of the Department of Customs and Excise may at any time search without warrant 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.
Anything seized under subsection (1) or (2) above shall as soon as possible be taken before a magistrate who–
in respect of seizure under subsection (1) above, 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 decree;
in respect of seizure under subsection (2) above, 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.
A magistrate shall notwithstanding the provisions of any other enactment, have jurisdiction for the summary trial of any matter under this Part of this Decree and may impose any fine, any sentence or any other penalty, provided by this Decree.
Any antiquity forfeited to the State under any of the provisions of this Part of this Decree shall be kept in the custody of the Director-General and shall be disposed of in such a manner as the Commission may direct.
Any person obstructing a police officer or an officer of the Department of Customs and Excise in the performance of his duties under this Decree shall be guilty of an offence and liable on conviction to a fine of N1,000 or to imprisonment for three years.
23. – (1) Any person who has an antiquity in his possession or under his control either before or after the commencement of this Decree shall, if so demanded by an accredited agent, register the antiquity with the accredited agent who may upon him in person between the hours of 8 a.m. and 6 p.m. any day, except on work-free days, for that purpose.
Any antiquity not so registered by a person who is in possession or control of it when an accredited agent has called upon him in person for the registration thereof shall be liable to seizure by a police officer, but the antiquity shall not be forfeited except on the order of a magistrate.
24. – (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, or in writing, attaching the object in his possession or a photograph of it, to the Director-General, or any person authorised in writing by the Director-General, for the determination of the matter.
Where the Director-General or the person authorised in writing by him, is satisfied that the object in the possession of the applicant is not an antiquity, he may issue a permit (hereinafter called a “clearance permit”) in respect of that object.
A clearance permit issued in respect of an object shall be conclusive proof that the object is not antiquity.
25. – (1) Subject to the provisions of subsection (4) of this section and to any exceptions which may be prescribed, no antiquity shall be exported from Nigeria without a permit issued in that behalf by the Commission.
An application for a permit under this section shall be made in such manner as may be prescribed.
Before issuing a permit under this section in respect of an antiquity the Commission may cause the antiquity to be inspected and to be sealed.
A permit under this section shall not be required for the export of an antiquity which has been lawfully imported into Nigeria, but if in any legal proceedings against any person in respect of a contravention of this section any question shall arise whether an antiquity has been lawfully imported into Nigeria the onus of proof thereof shall lie upon that person.
26. – (1) Where any person has applied to the Commission for a permit to export any antiquity from Nigeria and the permit is refused, the Commission acting through an accredited agent may for a fair and reasonable local price compulsorily buy the antiquity from the applicant.
Any person who is dissatisfied with the local price offered or paid for his antiquity by an accredited agent may, within thirty days of the offer or the payment, apply to the High Court having jurisdiction in the place where the offer or the payment was made to determine a fair and reasonable local price for his antiquity.
Any application under subsection (2) above shall be by summons and as in the Form set out in Schedule 4 to this Decree.
Any applicant for a permit under subsection (1) above 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 of N200 or to imprisonment for six months.
27. In this Part of this Decree–
“export permit” means the permit issued under section 25 of this Decree;
“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.
Part IV – Miscellaneous and Supplementary
28. The Commission shall, not later than 30 th June in each year, submit to the Federal Executive Council through the Commissioner a report on the activities of the Commission and its administration during the immediately preceding year and shall include in such report the audited accounts of the Commission.
29. – (1) Subject to the provisions of this Decree, the Commission may make staff regulations relating generally to the conditions of service of the employees of the Commission and, without prejudice to the generality of the foregoing, such regulations may provide for–
the appointment, promotion and disciplinary control (including dismissal) of employees of the Commission; and
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 public service of the Federation shall, with such modifications as may be necessary, be applicable to the employees of the Commission.
Staff regulations made under subsection (1) above shall not have effect until approved by the Commissioner; and when so approved they may not be published in the 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. Subject to the other provisions of this Decree, the Commissioner, with the approval of the Federal Executive Council, may make regulations generally for the purposes of this Decree and the due administration thereof.
31. – (1) The Antiquities Act and the Antiquities (Prohibited Transfers) Decree 1974 are hereby repealed and the Antiquities (Amendment) Decree 1969 is hereby consequentially repealed.
The Antiquities Commission established under the aforementioned Act is hereby dissolved and notwithstanding the provisions of this section, the transitional and savings provisions in Part A of Schedule 3 to this Decree shall effect in relation to the assets and liabilities of the dissolved Commission and the other matters mentioned in the said Schedule.
As from the date of commencement of this Decree, the department of the Federal Ministry of the Information known and styled as the Federal Department of Antiquities shall cease to exist and the transitional and savings provisions in Part B of Schedule 3 to this Decree 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 Department had responsibility and the other matters mentioned in the said Schedule.
32. In this Decree, unless the context otherwise requires–
“accredited agent” means the Director-General or any employee of the Commission authorised in writing by the Commission or any person or body in any State authorised in writing by the Commissioner to act for the Commission in the State concerned;
any object of archeological interest or land in which any such object was discovered or is believed to exist; or
any relic of early human settlement or colonisation; or
any work of art or craft work, including any statute, 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 or document if such work of art or craft work is of indigenous origin and–
was made or fashioned before the year 1918; or
is of historical, artistic or scientific interest and is or has been used at any time in the performance and for the purposes of any traditional ceremony,
and in the case of any object or relic mentioned in paragraph (a) or (b) of this definition includes for the purposes of this Decree any land adjacent thereto which in the opinion of the Commission, a State Government or, as the case may require, the Head of the Federal Military Government is reasonably required for the purpose of maintaining the same or the amenities thereof or for providing or facilitating access thereto, or for the exercise of proper control or management with respect thereto;
“approved museum” means a museum approved by the Commission under section 3 of this Decree;
“the Commission” means the National Commission for Museums and Monuments established under section 1 of this Decree;
“the Commissioner” means the Federal Commissioner charged with responsibility for antiquities, museums and national monuments;
“local government” means any local government authority established by law in any State of the Federation;
“maintenance”, in relation to an antiquity, includes the fencing, repairing and covering any antiquity and the doing of any other act or thing which may be required for the purpose of repairing the antiquity or protecting it from decay or injury, and “maintain” shall be construed accordingly;
“mining title” means any license, right or lease granted under the provision of the Minerals Act, the Quarries Decree 1969 and the Petroleum Decree 1969 or under the provisions of any other enactment regulating or authorising the winning of solid or other minerals;
“monument “ or “national monument” means any antiquity declared to be such under section 13 of this Decree;
“object of archeological interest” means–
any fossil remains of man or of animals found in association with man; or
any side trace or ruin of an ancient habitation, working place, midden or sacred place; or
any cave or other natural shelter or engraving, drawing, painting or inscription on rock or elsewhere; or
any stone object or implement believed to have been used or produced by early man; or
any ancient structure, erection, memorial, causeway, bridge, cairn, tumulus, grave, shrine, excavation, well, water tank, artificial hole, monolith, grove of stores, earthwork, wall, gateway or fortification; or
any antique tool or object of metal, wood, stone, clay, leather, textile, basket wear or other material,
which is (or are) of archeological interest;
“owner” includes a joint owner invested with powers of management in respect of an antiquity on behalf of himself and other joint owners and any agent of trustee exercising such powers and the attorney of any such person.
This Decree may be cited as the National Commission for Museums and Monuments Decree 1979.
Supplementary Provisions relating to the Commission
Subject to this Decree and section 26 of the Interpretation Act 1964 (which provides for decisions of a statutory body to be taken by a majority of its members and for the person presiding to have a second or casting vote), the Commission may make standing orders regulating the proceedings of the Commission or any committee thereof.
Every meeting of the Commission shall be presided over by the Chairman or in his absence by any Deputy Chairman appointed pursuant to section 2(2) of this Decree but in the absence of both the members present at the meeting shall elect one of their number to preside at the meeting.
The quorum at a meeting of the Commission shall consist of the Chairman (or in an appropriate case the person at the meeting pursuant to paragraph (2) above) and 8 other members of whom at least 2 shall be members appointed pursuant to paragraph (a) of section 2(1) of this Decree.
Where upon any special occasion the Commission desires to obtain the advice of any person on any particular matter, the Commission may co-opt that person to be a member for as many meetings as may be necessary, and that person while so co-opted shall have all the rights and privileges of a member except that he shall not be entitled to vote.
5.– (1) Subject to its standing orders, the Commission may appoint such number or standing and ad hoc committees as it thinks fit to consider and report on any matter with which the Commission is concerned.
Every committee appointed under the foregoing provisions of this paragraph shall be presided over by a member of the Commission and shall be made up of such number of other persons, not necessarily members of the Commission, as the Commission may determine in each case.
The quorum of any committee set up by the Commission shall be as may be determined by the Commission.
6.Where standing orders made pursuant to paragraph 1 above provide for a committee of the Commission to consist of or co-opt persons who are not members of the Commission, the committee may advise the Commission on any matter referred to it by the Commission.
The fixing of the seal of the Commission shall be authenticated by the signature of the Chairman or of the Director-General of the Commission.
Any contract or instrument which, if made by a person not being a body corporate, would not be required to be under seal may be made or executed on behalf of the Commission by the Director-General or by any other person generally or specially authorised to act for that purpose by the Commission.
Any document purporting to be a contract, instrument or other document duly signed or sealed on behalf of the Commission shall be received in evidence and shall, unless the contrary is proved, be presumed without further proof to have been so signed or sealed.
The validity of any proceedings of the Commission or of a committee thereof shall not be affected–
by any vacancy in the membership of the Commission, or any committee thereof; or
by any defect in the appointment of a member of the Commission or any committee thereof.
Any member of the Commission or a committee thereof who has a personal interest in any contract or arrangement entered into a proposed to be considered by the Commission or committee thereof shall forthwith disclose his interest to the Commission or the committee and shall not vote on any question relating to the contract or arrangement.
No member of the Commission shall be personally liable for any act or commission done or made in good faith while engaged on the business of the Commission.
National Museum, Lagos
National Museum, Jos
National Museum, Kaduna
National Museum, Oron
National Museum, Benin
National Museum, Owo
Ife Museum, Ile-Ife
Esie Museum, Esie
Kano Museum (Gidan Makama), Kano.
Transitional and Savings Provisions
Part A – Provisions relating to the dissolved Antiquities Commission
By virtue of this Decree, there shall be vested in the National Commission for Museums and Monuments (in this Part of this Schedule hereafter referred to as “the new Commission”) on the appointed day without further assurance all assets, funds, resources and other movable and immovable property which immediately before the appointed day were vested in the Antiquities Commission dissolved by this Decree (in this Part of this schedule hereafter referred to as “the old Commission”).
As from the appointed day–
the rights, interests, obligations and liabilities of the old Commission existing immediately before the appointed day under any contract or instrument, or at law or in equity apart from any contract or instrument, shall by virtue of this Decree be assigned to and vested in the new Commission;
any such contract or instrument as is mentioned in paragraph (a) above shall be of the same force and effect against or in favor of the new Commission and shall be enforceable as fully and effectively as if instead of the old Commission, the new Commission had been named therein or had been a party thereto; and
the new Commission shall be subject to all the obligations and liabilities to which the old Commission was subject immediately 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.
Any proceeding or cause of action pending or existing immediately before the appointed day by or against the old Commission in respect of any right, interest, obligation or liability of the old Commission may be commenced continued or enforced by or against the new Commission as if this Decree had not been made.
Notwithstanding the dissolution of the old Commission by this Decree, any person who immediately before the appointed day held office as a member of the old Commission shall, as from the appointed day, continue to hold such office as a member of the new Commission as if appointed pursuant to section 2 of this Decree and until such time as new appointments are made thereunder.
Part B – Provisions Relating to the Dissolved Federal Department of Antiquities
Notwithstanding the dissolution of the Federal Department of Antiquities by this Decree 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 have been deployed to the Commission by the Federal Public Service Commission.
6.– (1) The Commission shall, not later than 3 months after the appointed day, by notice in writing offer, to every person remaining deployed to its service at that time, employment on terms and conditions as are not less favorable than those enjoyed by that person immediately before his deployment.
For the purposes of this Schedule, the terms and conditions comprised in any offer shall not be construed as being less favorable merely because they are not in all respects identical with or superior to the terms and conditions enjoyed by the person immediately before the deployment, if the first-mentioned terms and conditions taken as a whole offer substantially equivalent or greater benefits.
7. – (1) Any person to whom an offer of employment is made pursuant to paragraph 6 of this Schedule and who fails within 30 days thereafter to give the Commission an acceptance in writing of the offer shall be deemed to have refused the offer.
If a person refuses an offer of employment made to him pursuant to the said paragraph 6 (either as provided in sub-paragraph (1) above or otherwise howsoever), the obligation imposed on the Commission to employ that person shall thereupon determine:
Provided that nothing herein shall be construed as extinguished the right of any such person to be re-absorbed in the public service of the Federation if, immediately before the appointed day, he was a member of that public service.
When a person accepts an offer of employment made pursuant to paragraph 6 of this Schedule, suh person shall be deemed to have been transferred to the Commission and his previous service in the Department shall be deemed to be service in the Commission for pensions purposes.
9.– (1) The provisions of this paragraph shall apply to all contracts or other instruments subsisting immediately before the appointed day and entered into by or on behalf of the Federal Government for any purpose in respect of which the dissolved Department had responsibility and which are not excluded by that Government from the operation of the provisions of this paragraph.
By virtue of this Decree. There shall be vested in the Commission as from the appointed day and without further assurance, all assets, funds, resources and other movables or immovable property which immediately before the appointment day were vested by the Government in the dissolved Department and held by it on behalf of the Government of the Federation and which are not excluded as aforesaid.
As from the appointed day–
the rights, interests, obligations and liabilities of the Government existing immediately before the appointed day under any afore-mentioned contract or instrument, or at law in equity apart from any contract or instrument, shall by virtue of this Decree vest in the Commission;
any such contract or instrument as is mentioned in sub-paragraph (a) above shall be of the same force and effect against or in favor 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
any proceeding or cause of action pending or existing, or which could have been taken by or against 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 Decree had not been made.
For the avoidance of doubt, it is hereby declared that the provisions of this paragraph or any other provision of this Decree shall be without prejudice to the Petitions of Right Act.
Part C – Supplementary
Within the twelve months next after the making of this Decree the Commissioner, if he thinks fit, may by order in the Gazette make additional transitional or saving provisions for the better carrving out of the objectives of this Schedule.
In this Schedule, the “appointed day” means the date of coming into force of this Decree.
National Commission for Museums and Monuments Decree 1979
In the High Court of………………………..
Determination of reasonable Price for Antiquity
Let all parties attend at……………………………………on the………………day of………………..19… 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–
demands a price of…………………………………………………………
the National Commission for Museums and Monuments has paid/
offered to pay………………………………………………………………..
and any other questions connected with the local price of the antiquity.
If any party fails to attend at the date, place and time above-mentioned such order may be made as the court thinks just.
Dated the …………………day of …………………19……
Signature of judge
The summons was taken out by …………………………………………...
Made at Lagos this 28 Th. day of September 1979.
Head of the Federal Military Government,
Commander-in-chief of the Armed forces,
Federal Republic of Nigeria
(this note does not form part of the above Decree but is intended to explain its purport)
The Decree provides for the dissolution of both the Antiquities Commission and the Federal Department of Antiquities and their merger to form the National Commission for Museums and Monuments. While repealing various entactments relating to antiquities, the Decree consolidates most of the provisions thereof and makes fresh provisions in connection with the declaration of national monuments. The penalties for the destruction or unauthorised alteration or removal of monuments have been considerably stiffened up.
The procedure to be followed in relation to the exportation of antiquities is also spelt out in the Decree.