Section 4: Flying of National Flag in public

(1) Subject to the provisions of this section, if in any public place in Nigeria the National Flag is to be exhibited or flown for any purpose, it shall not be exhibited with or be flown on the same staff or cross bar with the flag of any State, or the flag of any Commonwealth or foreign country; and the National Flag or any other flag when exhibited or flown shall not appear in a defaced or tattered condition; but the National Flag shall not be deemed to be defaced by reason only of the fact that it is embodied in or forms part of a State flag.
[1962 No. 36.]
(2) Where the flag of any State is flown in the State to which it relates or elsewhere than in the Federal Capital Territory Abuja, it shall not be necessary for the National Flag to be flown at the same time; but if the flag of a State and the National Flag are to be flown at the same time in a public place in that State or elsewhere in Nigeria, the National Flag of at least the same size as the State flag shall fly above that of any State flag.
(3) The Minister charged with responsibility for internal affairs may, from time to time, by notice either generally or specially authorise the flying of the flag of any Commonwealth country or of any foreign country in any public place, either alone or at the same time as the National Flag, and upon such terms and conditions as he thinks fit; but for the avoidance of doubt and to give effect to any diplomatic convention, no embassy, high commission, or consulate shall be a public place, and no means of transport when used by members of any embassy, high commission, or consulate shall, for the purposes only of this subsection, be deemed to be operating in a public place.
(4) Nothing in this section shall be construed so as to prohibit the flying by any ship other than a Nigerian ship, of the flag of the country where the ship is registered, or the flying of the National Flag by any ship entering or leaving a port in Nigeria.
(5) The failure to comply with the requirements of this section shall be an offence against this Act.