NATIONAL COMMISSION FOR MUSEUMS AND MONUMENTS ACT

(1)
There is hereby established a body to be known as the National Commission for Museums and Monuments (in this Act referred 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 common seal and may sue or be sued in its corporate name.

(1) The Commission shall consist of a chairman to be appointed by the President on the recommendation of the Minister and the following other members, that is-
(a) five persons to be appointed by the President on the recommendation of the Minister being persons who by reason of their ability, experience or specialised 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 one representative at any one 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 this section to be the deputy chairman of the Commission 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-officio member) 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 of misbehaviour 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 of the Commission and other matters therein mentioned.
[First Schedule.]

(1) 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 connection with, but not restricted only to the following, that is-
(i) antiquities;
(ii) science and technology;
(iii) warfare;
(iv) African, Black and other antiquities;
(v) arts and crafts;
(vi) architecture;
(vii) natural history; and
(viii) educational services;
(c)
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, not being national museums or antiquities 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 time withdraw 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 property; and
(b) 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.

(1)
The museums specified in the Second Schedule to this Act are hereby declared to be national museums for the purposes of this Act.
[Second Schedule.]
(2) The Minister may, as and when national museums are declared as prescribed by law, amend the Second Schedule to this Act accordingly.

(1) There shall be an officer of the Commission to be known as the Director-General who shall be appointed by the President on the 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 as may be specified in his letter of appointment or on such other terms and conditions as may be determined from time to time.

(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 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.
(4) 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 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 the efficient performance of the functions conferred on the Commission under or pursuant to this Act.

(1)
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, accordingly, the employees 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 the terms which preclude the grant of a pension, 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 accordance 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.

(1) The Commission shall establish and maintain a fund which shall be applied towards 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 philanthropic persons or organisations or otherwise howsoever.

(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 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 person or organisation making the gift to the acceptance thereof are inconsistent with the functions of the Commission.

(1) The Commission may, with the consent of the Minister 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 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 securities 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.]

(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 succeeding financial year and when so prepared, it shall be submitted to the Minister for approval.
(2) 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) 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 appointed by the Commission with the approval of the President and the fees of the auditors and the expenses of the audit generally shall be paid from the funds of the Commission.
(4)
Before appointing auditors as provided in subsection (3) of this section, the Commission shall consult the Minister of Finance.

(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 State Government concerned;
(b) 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;
(c) 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;
(d) enter upon any land where archaeological excavations or other operations are being carried on, and inspect same.
(2)
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

(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 cause a copy of the notice to be served 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 Commission within two months from the date of 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 published under 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 concerned shall post a copy of such notice in a conspicuous place in the principal office of such local government.
(3) From the date of publication of a notice under subsection (1) of this section, until the publication of an order by the President 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 any 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.
(4) The Commission shall within one month after the publication of a notice under subsection (1) of this section, submit to the President in such manner as may be prescribed, 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 any objections furnished in relation thereto and the President may by order published in the Federal 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) 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 relates shall 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 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 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 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 President 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, removal or damage from neglect or injudicious treatment, maintain such monument and may-(a)
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
(b) where practicable remove the monument or any part of it for 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 Minister.

(1)
Where an antiquity has been declared to be a national monument as provided in this Act, 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.
(2) 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.

(1) Any person who, save as it is provided in this Act, wilfully destroys, defaces, alters, 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 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 an offence 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 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-
(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.

(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 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 he has the financial means or the financial or other support of an archaeological or scientific 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 assigned;
(c) 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.
(4) 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.
(5) 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.

(1) Any person who discovers an object of archaeological interest in the course of operations permitted under section 19 of this Act shall, not later than seven days thereafter, give notice thereof to the Commission.
(2) Any person who discovers an object of archaeological interest otherwise than in the course of operations mentioned in subsection (1) of this section shall, not later than seven 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.
(3) 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.

(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 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.

(1) Any police officer may at any time search without warrant any person or the property of any person he reasonably suspects 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 reasonably suspects 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 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.
(3) Anything seized under subsection (1) or (2) of this section shall as soon as possible 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 any matter under this Part of this Act and may impose 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 the Director-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 duties under this Act shall be guilty of an offence and liable on conviction to a fine of N1,000 or to imprisonment for three years.

(1) Any person who has an antiquity in his possession or under his control either before or after the commencement of this Act shall, if so demanded by an accredited agent, register the antiquity with the accredited agent who may call 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.
(2)
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.

(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.
(2) Where the Director-General or the person authorised in writing by him, is satistied 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.
(3) A clearance permit issued in respect of an object shall be conclusive proof that the object is not an antiquity.

(1) Subject to the provisions of subsection (4) of this section and to any exception as may be prescribed, no antiquity shall be exported 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 Commission 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 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.

(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.
(2) 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.
(3)
Any application under subsection (2) of this section, shall be by summons and as in the Form set out in the Fourth Schedule to 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 of N200 or to imprisonment for six months.

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.

The Commission shall, not later than 30th June in each year, submit to the President through the Minister 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.

(1) Subject to the provisions of this Act, the Commission may make staff regulations relating generally to the conditions of service 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 public service of the Federation shall, with such modifications as may be necessary, 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 so approved 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.

Subject to the other provisions of this Act, the Minister, with the approval of the President, may make regulations generally for the purposes of this Act and the due administration thereof.

(1)
The Antiquities Act and the Antiquities (Prohibited Transfers) Act are hereby repealed 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 provisions of 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.
lThird 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 Department of Antiquities shall cease to exist and the transitional and savings provisions 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 Department had responsibility and the other matters mentioned in the said Schedule.
[Third Schedule. Part B.]

In this Act, 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 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 discovered 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 for the 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 the purposes of this Act any land adjacent thereto which in the opinion of the Commission, a State Government or, as the case may require, the President, 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 Act;
''the Commission" means the National Commission for Museums and Monuments established under section 1 of this Act;
"local government" means any local government council established by law in any State of the Federation;
"maintenance", in relation to an antiquity, includes the fencing, repairing and covering of 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;
"the Minister" means the Minister charged with responsibility for antiquities, museums and national monuments;
"mining title" means any licence, right or lease granted under the provisions of the Minerals and Mining Act, and the Petroleum Act or under the provisions of any other enactment regulating or authorising the mining of solid or other minerals;
[Cap. MI2.]
"monument" or "national monument" means any antiquity declared to be such under 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, water tank, 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 on behalf of himself and other joint owners and any agent or trustee exercising such powers and the attorney of any such person.

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