Section 58: Power to prohibit importation of publications

(1) If the appropriate Minister is of opinion that the importation of any publication or
series of publications would be contrary to the public interest, he may by order prohibit
the importation of such publication or series of publications.
[L.N. 258 of 1959. 1967 No. 27.]
(2) If the appropriate Minister is of opinion that it would be in the public interest to do
so, he may by order prohibit the importation of all publications published by or on
behalf of any organisation or association of persons specified in the order.
(3) An order made under the provisions of subsection (1) of this section shall, unless a
contrary intention is expressed therein, have effect‐
(a) with respect to all subsequent issues of such publication; and
(b) not only with respect to any publication under the name specified in relation
thereto in the order, but also with respect to any publication published under any other
name if the publishing thereof is in any respect in continuation of, or in substitution
for, the publishing of the publication named in the order.
(4) An order under the provisions of subsection (2) of this section shall, unless a
contrary intention is expressed therein, have effect not only with respect to all
publications published by or on behalf of the organisation or association of persons
named therein before the date of the order, but also with respect to all publications so
published on or after such date.
(5) An order made under the provisions of subsection (1) or subsection (2) of this
section shall, unless a contrary intention is expressed therein, apply to any translation
into any language whatsoever of the publication specified in the order.
Offences
(6) Any person who imports, publishes, sells, offers for sale, distributes or reproduces
any publication, the importation of which has been prohibited under subsection (1) or
(2) of this section, or any extract therefrom, is guilty of an offence and liable, on
conviction, for a first offence to imprisonment for two years or to a fine of two hundred
naira or to both such imprisonment and fine and for a subsequent offence to
imprisonment for three years; and such publication or extract therefrom shall be
forfeited to the State.
[L.N. 112 of 1964.]
(7) Any person who without lawful excuse has in his possession any publication, the
importation of which has been prohibited under subsection (1) or (2) of this section, or
any extract therefrom, is guilty of an offence and liable, on conviction, for a first
offence to imprisonment for one year or to a fine of one hundred naira or to both such
imprisonment and fine, and for a subsequent offence to imprisonment for two years;
and such publication or extract therefrom shall be forfeited to the State.
Delivery of prohibited publication to police and administrative officers
(8) (a) Any person to whom any publication, the importation of which has been
prohibited under subsection (1) or (2) of this section, or any extract therefrom, is sent
without his knowledge or privity or in response to a request made before the
prohibition of the importation of such publication came into effect, or who has such a
publication or extract therefrom in his possession at the time when the prohibition of
its importation comes into effect, shall forthwith if, or as soon as, the nature of its
contents has become known to him, or in the case of a publication or extract
therefrom coming into the possession of such person before an order prohibiting its
importation has been made, forthwith upon the coming into effect of an order
prohibiting the importation of such publication, deliver such publication or extract
therefrom to the officer in charge of the nearest police station or to the nearest
administrative officer, and in default thereof shall be guilty of an offence and liable, on
conviction, to imprisonment for one year or to a fine of one hundred naira or to both
such imprisonment and fine; and such publication or extract therefrom shall be
forfeited to the State.
[L.N. 112 of 1964.]
(b) A person who complies with the provisions of paragraph (a) of this subsection or is
convicted of an offence under that subsection shall not be liable to be convicted for
having imported or having in his possession the same publication or extract therefrom.
Power to examine packages
(9) (a) Any of the following officers, that is to say‐
[1966 No. 84. 1967 No. 27.]
(i) any officer of the Nigerian Postal Service not below the rank of Assistant Surveyor;
(ii) any officer of the Nigeria Customs Service not below the rank of Collector;
(iii) any police officer not below the rank of Assistant Superintendent of Police;
(iv) any other official authorised in that behalf by the President,
may detain, open and examine any package or article which he suspects to contain
any publication or extract therefrom which it is an offence under the provisions of
subsection (6) to import, publish, sell, offer for sale, distribute, reproduce or possess,
and during such examination may detain any person importing, distributing, or posting
such package or article or in whose possession such package or article is found.
(b) If any such publication or extract therefrom is found in such package or article, the
whole package or article may be impounded and retained by the officer and the
person importing, distributing, or posting it, or in whose possession it is found, may
forthwith be arrested and proceeded against for the commission of an offence under
subsection (6) or (8), as the case may be.