NATIONAL CIVIC REGISTRATION ACT
Section 1: Establishment of the Department of National Civic Registration
(1) There is hereby established within the Federal Ministry of Internal Affairs, a department to be known as the Department of National Civic Registration (in this Act referred to as "the Department") which shall be responsible in accordance with the following provisions of this Act, for national civic registration of all citizens of Nigeria of, or above the age of eighteen years.
(2) The Department shall consist of a Director of National Civic Registration and such number of other staff as may be required to assist the Director in the execution of his duties under this Act.
(3)
The Director and the other members of staff of the Department sball be members of the public service of the Federation within the meaning of the Constitution of the Federal Republic of Nigeria 1999.
[Cap. C23.]
Section 2: Appointment of Chief Registrar and other staff
(1) There shall, for the purposes of this Act, be a Chief Registrar, registrars and such other grades of registrars, as the Chief Registrar may consider necessary for the enforcement of the provisions of this Act.
(2)
The Chief Registrar referred to in subsection (1) of this section, shall be the Director of the National Civic Registration Department and the registrars shall be appointed by the Minister from among persons employed in the Department, or, where contingencies so dictate, from among persons employed by the local government Council in the area where such person is to serve, as the case may be.
(3) Any act or thing required by this Act to be done by, to or before the Chief Registrar may be done by, to, or before any officer of the Department, authorised generally or specially in that behalf, in writing by the Chief Registrar.
Section 3: Functions of the Department
The Department shall be charged with the duty of-(a) registering all citizens of Nigeria who at the commencement of this Act have attained or who thereafter attain the age of eighteen years;
(b)
issuing to every person registered under paragraph (a) of this section, a national identity card, as specified in Form ID 1 of the Second Schedule to this Act;
(Second Schedule.)
(c) collating all information returned by the registrars in pursuance of their duties under this Act and reproducing such information as may be required, from time to time, under the provisions of this Act; and
(d) advising the Minister on all matters relating to the Minister's functions under this Act.
Section 4: Registers
(1)
The Chief Registrar shall cause to be kept and maintained as specified in Form ID 5 of the Second Schedule to this Act, a register of all persons in Nigeria to whom this Act applies, in which shall be recorded in so far as they can be ascertained, such particulars as are specified in the said Schedule and such other particulars as the Minister may by regulations prescribe.
(2) The Chief Registrar shall cause to be kept and maintained a separate register of all registered persons who change their names and there shall be recorded in such separate register, such particulars as the Chief Registrar may deem fit.
(3)
When any registered person changes his name or names, he shall forthwith inform the registrar of such change and shall at the same time comply with the procedure specified in paragraph 2 of the First Schedule to this Act.
[First Schedule.]
(4) Upon compliance with the procedure referred to in the last foregoing subsection, the Chief Registrar shall cancel the national identity card issued to him by the registrar and cause the registered person to be issued with a new national identity card (bearing the same number as the national identity card surrendered by him), upon payment of the appropriate fee and the Chief Registrar shall alter the register accordingly.
Section 5: Alteration of registers
(1) No person may insert, delete, alter or cause to be inserted, deleted or altered, any material particular in the register relating to any registered person unless he is authorised in writing to do so by the Chief Registrar.
(2) Any person duly authorised by the Chief Registrar to insert, delete or alter any particular in the register, shall forthwith make the insertion, deletion or alteration and shall notify the Chief Registrar in writing when such insertion, deletion or alteration has been completed.
Section 6: Custody of registers
(1) The Chief Registrar and every registrar shall secure the safety of all registers maintained under this Act which are in his custody and, when not in use, the registers shall be kept in such a way as the Chief Registrar may direct.
(2) The registers and microfilmed copies of application forms forwarded to the Chief Registrar under this Act, shall be kept at the Department's head office in such order and manner as the Chief Registrar may direct.
Section 7: Registration and registration areas
(1)
Every person who attends before a registrar for the purpose of obtaining a national identity card, shall comply with the procedure specified in paragraph 1 of the First Schedule to this Act.
[First Schedule.]
(2) The Chief Registrar shall allot to each registration area such serial numbers to be inserted on each national identity card issued in that registration area as he may think fit.
(3) Every national identity card issued under this Act shall be signed by both the applicant and the registrar at the time of registration.
(4) Subject to the provisions of subsections (3) and (4) of section 4 of this Act, no registered person may use or adopt a surname or given names other than the surname or given names appearing on his national identity card.
(5) Each local government area in Nigeria is hereby declared to be a registration area; but the Minister may, by notice published in the Federal Gazette or in such other manner as he may consider best suited, to bring the contents thereof to the notice of the persons affected thereby, alter or amend any area of Nigeria hereby declared to be a registration area and require all persons to whom this Act applies and who are within such registration area, to attend before a registrar at such place and between such dates, as may be specified in such notice, to be registered.
(6) Every person, as and when required so to do, shall attend before the registrar and shall register himself by providing the particulars specified in subsection (1) of this section and shall permit his photograph and fingerprints to be taken for the purpose of registration under this Act.
(7)
The Minister, the Chief Registrar, a registrar, a police officer or a member of the armed forces, may require any person to whom an identity card has been issued under this Act, to produce such card and it shall be the duty of that person to produce such card if he has it on his person or within a specified period after he is required to do so.
[1984 No. 28.]
Section 8: Issue of national identity card
(1)
Upon the registration of a person under this Act, the registrar shall, upon the payment of a fee of N1, issue to such person, a national identity card as in Form ID 1 as specified in the Second Schedule to this Act.
[Second Schedule. 1984 No. 28.]
(2) It shall be the duty of every person to whom a national identity card is issued under this Act, to secure its safety and preservation in good form.
(3) Any person who finds or comes into possession of a national identity card which was not issued to him shall, without undue delay, return it to the person to whom it was issued or forward it to the nearest registrar.
Section 9: Replacement of lost, defaced or destroyed national identity card
(1)
In any case where a national identity card is lost, destroyed or materially damaged, the person to whom it was issued shall, without undue delay, report such loss, destruction or damage to the nearest registrar who, on compliance by the person reporting such loss, destruction or damage with the provisions of paragraph 3 of the First Schedule to this Act and subject to such other conditions as may be imposed by the Chief Registrar, shall issue to such a person a new national identity card upon payment of a fee of N2 and the national identity card so issued shall bear the same personal registration number as the card which was lost, destroyed or damaged.
[First Schedule. 1984 No. 28.]
(2) If any person who has reported to the registrar the loss of his national identity card subsequently recovers it, he shall immediately notify the registrar of such recovery and-
(a) if a new national identity card has not already been issued to him, he shall retain it; or
(b) if a new national identity card has already been issued to him, he shall surrender the national identity card so recovered to the registrar, who shall forward it to the Chief Registrar for cancellation.
(3)
If a registered person considers that any particulars relating to his registration under this Act have altered materially, he may present himself before the appropriate registrar for re-registration and shall, prior to such re-registration, comply with the procedure set out in paragraph 1 of the First Schedule to this Act.
[First Schedule.]
Section 10: Surrender of national identity card
(1)
Any registered person who renounces his citizenship of Nigeria or otherwise ceases to be a citizen of Nigeria, shall forthwith surrender his national identity card to the nearest registrar, who shall issue him with a receipt, as specified in Form ID 4 of the Second Schedule to this Act.
[Second Schedule.]
(2) Within 90 days of the death of a registered person, his national identity card shall be delivered by the person in possession thereof, to the nearest registrar.
(3) The Chief Registrar shall, where the person concerned fails or refuses to comply with the provisions of subsection (1) or (2) of this section, require him to surrender his identity card or, as the case may be, the identity card of the deceased person, and he shall forthwith surrender it.
(4) The registrar shall forward any national identity card of a deceased person surrendered under this section to the Chief Registrar, who shall cause it to be cancelled and shall amend the appropriate register accordingly.
Section 11: Power to require proof of information
(1) A registrar may require any person giving any information in pursuance of this Act, to furnish such documentary proof or other evidence of the truth of such information as is within the power of such person to furnish.
(2) Any dispute as to whether or not a person is a citizen of Nigeria, shall be referred to the Minister charged with responsibility for citizenship matters and his decision thereon shall be final.
Section 12: Establishment of committees
(1) There is hereby established, a committee to be known as the National Advisory Committee on Civic Registration, which shall comprise the following members-
(a)
the Permanent Secretary, Federal Ministry of Internal Affairs, as the chairman;
(b)
one representative of the Federal Ministry of Justice;
(c) one representative of each State in the Federation, chosen from the relevant State Ministry charged with responsibility for matters relating to civic registration;
(d) such number of persons representing a variety of interests relevant to civic registration as the Minister may, with the approval of the President, from time to time, determine.
(2) There is hereby established for each State a committee to be known as the State Advisory Committee on National Civic Registration, which shall consist of such persons as the Governor of the State concerned may determine.
(3) The National Advisory Committee or a State Advisory Committee, shall have power to co-opt any person to attend its meetings, but such person shall not be entitled to vote at any meeting and shall not count towards a quorum.
(4)
The National Advisory Committee or a State Advisory Committee shall have power to regulate its own proceedings and may make standing orders for that purpose and, subject to such standing orders and section 27 of the Interpretation Act (which relates to special provisions, as to certain statutory bodies), may function notwithstanding any vacancy in its membership or the absence of any member.
[Cap. 123.]
Section 13: Production and inspection of national identity card
(1) Any authority to which a person applies for the grant of any licence, permit or other document may, in its discretion, request such person to produce his national identity card for inspection.
(2) Where any person is required to produce sufficient identification of himself at a bank, post office or other office or before any other authority whatsoever or before any person authorised in that behalf for any lawful purpose, it shall be sufficient for that purpose if he produces his national identity card before such body, authority or person aforesaid.
(3) When a person requested under subsection (1) of this section to produce his national identity card fails to do so and fails to satisfy the body, authority or person concerned by other proof that he is a registered person, the body, authority or person concerned may, notwithstanding any other written law for the time being in force, in his discretion, defer consideration of any such application until such person produces either his national identity card or proof that he is a registered person.
Section 14: Evidence
Any document purporting to be a certificate signed by the Chief Registrar, registrar or any officer of the Department authorised in that behalf certifying a copy or extract of any record kept by the Chief Registrar under this Act shall, in all proceedings for an offence under this Act, be prima facie evidence of the facts stated therein, and shall, unless the contrary is proved, be presumed to be signed by the officer concerned, without production of proof of such signature, or, as the case may require, such authorisation.
Section 15: Offences and penalties
(1) Any person who-
(a) when required in accordance with the provisions of this Act to register himself, fails to do so;
(b) wilfully obstructs the Chief Registrar, a registrar or any employee of the Department in the due execution of his duties;
(c) in giving any information for the purposes of this Act, knowingly or recklessly makes any statement which is false in any material particular;
(d) falsely denies that he was previously registered or by a false representation or any act or omission, attempts to deceive or deceives the Chief Registrar or a registrar or other employee of the Department, as the case may be, as to any circumstances concerning such previous registration or particulars given on such previous registration;
(e) wilfully destroys or mutilates a national identity card issued under this Act;
(f) being a registrar or employee of the Department, unlawfully issues any national identity card or makes any entry, alteration or erasure on any national identity card;
(g) unlawfully deprives any person of the national identity card issued to him under this Act;
(h) is in unlawful possession or makes use of a national identity card issued to any other person under this Act;
(i) is knowingly in possession of any national identity card on which any unlawful entry, alteration or erasure has been made or of a document so closely resembling a national identity card as to be calculated to deceive;
(j) is in possession of more than one national identity card issued under this Act at anyone time;
(k) hands over the national identity card issued to him under this Act to any other person to be used by such other person, for any purpose not authorised by this Act or any unlawful purpose whatsoever;
(l) causes himself to be registered in a registration area other than as specified in section 7 (5) of this Act;
(m) refuses, in satisfaction of any purpose whatsoever, to accept a national identity card issued under this Act as sufficient identification of the person to whom it is issued,
shall be guilty of an offence under this Act.
(2) Any person found guilty of an offence, shall be liable on conviction for a first offence, to a fine not exceeding N200 or to imprisonment for a term not exceeding six months or to both such fine and imprisonment and for a second or subsequent offence, to a fine not exceeding N500 or to imprisonment for one year or to both such fine and imprisonment.
Section 16: Annual abstract of registered persons
The Chief Registrar shall prepare and submit to the Minister, not later than 30 September in each year, in such form as the Minister may, from time to time direct, a general abstract of the number of persons registered under this Act in all registration areas in the immediately preceding year and the Minister shall so soon after its receipt as is convenient, submit such abstract before the President.
Section 17: Regulations
The Minister may, with the approval of the President, make regulations generally for the effective operation of this Act and the due administration thereof; and without prejudice to the generality of the foregoing, he may by such regulations-(a)
amend the Second Schedule to this Act;
[Second Schedule.]
(b) provide for any alterations in the particulars recorded in the register;
(c) provide for returns of particulars recorded by registrars to be made by such registrars to the Chief Registrar;
(d) prescribe the fees which may be charged for the issue, re-issue or replacement of national identity cards, including different fees in different circumstances and the circumstances in which such fees may be charged;
(e)
prescribe the fees which may be charged for extracts from the register.
Section 18: Interpretation
In this Act, unless the context otherwise requires-
"Chief Registrar" means the person appointed as such in pursuance of section 2 of this Act;
''Minister'' means the Minister charged with responsibility for matters relating to national civic registration;
"place of origin"-
(a) in relation to a person who is a citizen of Nigeria by birth, means his village or town and Local Government area and State of origin; and
(b) in relation to a person who is a citizen of Nigeria by naturalisation or registration, his usual place of residence;
"register" means any of the registers maintained in pursuance of section 4 (1) or (2) of this Act and "registered" shall be construed accordingly;
"registration area" means an area declared as such in accordance with the provisions of section 7 (5) of this Act.
Section 19: Short title
This Act may be cited as the National Civic Registration Act.