DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

ARRANGEMENT OF SECTIONS

PART I

Diplomatic immunities and privileges Immunities of foreign envoys and consular officers

SECTION

1. Immunities of foreign envoys, etc.

2. Waiver of immunity of foreign envoys, etc.

3. Immunities of chief representative of a Commonwealth country.

4. Immunities of members of staff and families.

5. Consular immunity may be conferred by regulations.

6. Immunities of Commonwealth representatives attending conferences.

7. Waiver of immunity of Commonwealth representatives.

8. Reciprocal withdrawal of personal immunities.

9. Power to grant exemption from taxation to other governments, etc.

10. Personal immunities, etc., of Nigerian citizens and residents.

PART II

Immunities and privileges of international organisations and persons connected therewith

11. Immunities, etc., of certain international organisations, etc.

12. Power to confer immunity on certain persons.

13. Extent of privileges.

14. Immunities and privileges of representative attending international conferences.

15. Organisations and persons may waive immunity.

16. Reciprocal treatment.

 

PART III

Miscellaneous an supplemental

17. Provisions as to exemption from taxation.

18. Certificate of Minister.

19. Power of Minister to add to or vary list of Commonwealth countries.

20. Regulations.

21. Orders, etc., to be laid.

22. Interpretation.

23. Short title, application, repeals and savings.

SCHEDULES FIRST SCHEDULE

Immunities and privileges of international organisations

SECOND SCHEDULE

Immunities and privileges of representatives, members of committees, senior officers, and persons on missions

THIRD SCHEDULE

Immunities and privileges of other officers and servants

FOURTH SCHEDULE

Immunities and privileges of official staff and of senior officers’ families

FIFTH SCHEDULE

Notice and orders in council continued in operation

SIXTH SCHEDULE

Enactments repealed

 

DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

An Act to consolidate and amend certain enactments relating to diplomatic immuni‐ ties and privileges.

[27th December, 1962]

[Commencement.] PART I

Diplomatic immunities and privileges Immunities of foreign envoys and consular officers

1. Immunities of foreign envoys, etc.

(1) Subject to the provisions of this Act, every foreign envoy and every foreign consular officer, the members of the families of those persons, the members of their official or domestic staff, and the members of the families of their official staff, shall be accorded immunity from suit and legal process and inviolability of residence and official archives to the extent to which they were respectively so entitled under the law in force in Nigeria immediately before the coming into operation of this Act.

(2) Any writ or process sued forth or prosecuted before or after the coming into operation of this Act, whereby any foreign envoy or foreign consular officer authorised and received as such by the Government of Nigeria or any member of the official or domestic staff of such foreign envoy or foreign consular officer is liable to arrest or imprisonment, or his or their goods or chattels are liable to distress, seizure or attachment, shall be void.

(3) Nothing in this section shall‐

(a) authorise immunity from arrest of any member of the official or domestic staff of a foreign envoy or foreign consular officer unless the name of such person was, before the arrest, recorded with the Minister by the foreign envoy or foreign consular officer; or

(b) confer the benefits of this section on any merchant or other trader within the meaning of any Act relating to bankruptcy or insolvency, who is in the service of a foreign envoy or foreign consular officer.

2. Waiver of immunity of foreign envoys, etc.

A foreign envoy or foreign consular officer, with the consent of his Government, may waive any immunity or inviolability conferred by or under this Act on himself and without the necessity for such consent may waive immunity or inviolability so conferred on a member of his official or domestic staff, or on a member of his family or of the family of a member of his official staff.

 

3. Immunities of chief representative of a Commonwealth country

Subject to the provisions of this Act, a chief representative of a Commonwealth country shall be entitled to the like immunity from suit and legal process, and the like inviolability of residence and official archives as are accorded to a foreign envoy.

4. Immunities of members of staff and families

Subject to the provisions of this Act, a person who is‐

(a) a member of the official or domestic staff of a chief representative of a Commonwealth country; or

(b) a member of the family of a chief representative of a Commonwealth country; or

(c) a member of the family of a member of the official staff of a chief representative of a Commonwealth country,

shall be entitled to the like immunity from suit and legal process as would be accorded to him if the chief representative were a foreign envoy.

5. Consular immunity may be conferred by regulations

(1) Without limiting the power to make regulations conferred by section 20 of this Act, regulations may from time to time be made under that section conferring on‐

(a) persons in the service of the government of any other Commonwealth country; or

(b) persons in the service of the government of any territory for whose international relations the government of any such country is responsible,

(other than persons on whom immunity is conferred by the foregoing provisions of this Act), holding such offices or classes of offices as may be specified in that behalf in the regulations, the like immunity from suit and legal process and the like inviolability of residence and official archives as are accorded to foreign consular officers.

(2) Any person may waive any immunity or inviolability conferred on him under regulations made for the purposes of subsection (1) of this section.

6. Immunities of Commonwealth representatives attending conferences

(1) Where a conference is held in Nigeria and is attended by representatives of the government or governments of one or more Commonwealth countries, the Minister may compile a list of representatives of the Commonwealth government or governments attending the conference and members of their official staff, and cause that list to be published in the Federal Gazette; and every representative of a government of a Commonwealth country who is for the time being included in the list shall, for the purposes of this Act, be treated as if he were a foreign envoy and, subject to the

 

provisions of this section, such of the members of his official staff as are for the time being included in the list shall be treated for the purpose aforesaid as if they were his retinue.

(2) Whenever it appears to the Minister that any person ceases or begins to be qualified for inclusion in a list compiled under subsection (1) of this section, he may amend the list and cause a notice of the amendment or, if he thinks fit, an amended list to be published in the Federal Gazette.

(3) Every list or notice published under this section in relation to any conference shall include a statement of the date from which the list or amendment takes or took effect.

(4) A person who is a member of the official staff of the representative of the government of a Commonwealth country and is a citizen of Nigeria and is not a citizen of another Commonwealth country shall not be entitled under the foregoing provisions of this section to any immunity, except in respect of things done or omitted to be done in the course of the performance of his duties, and the name of the person whose immunity is limited by this subsection shall be entered in a separate part of any list compiled by the Minister under subsection (1) of this section.

7. Waiver of immunity of Commonwealth representatives

(1) A chief representative of a Commonwealth country with the consent of his government may waive any immunity or inviolability conferred by or under this Act on himself and without the necessity for such consent may waive immunity or inviolability so conferred on a member of his official or domestic staff, or on a member of his family or of the family of a member of his official staff.

(2) Any person may waive immunity of inviolability conferred on him for the purpose of attending a Commonwealth conference in Nigeria by section 6 of this Act.

8. Reciprocal withdrawal of personal immunities

Where it appears to the minister that any personal immunities conferred by law on a foreign envoy or foreign consular officer or a chief representative of a Commonwealth country, the members of the families of those persons, members of their official or when the staff, and the members of the families of their official staff, or on persons coming under section 5 or section 6 of this Act, exceed in any respect those accorded in the territory of the foreign sovereign power concerned to an envoy or consular officer of the government or, as the case may be, in the Commonwealth country concerned to a chief representative of Nigeria or to Nigerian representatives attending a conference and to persons similarly connected with that envoy or that chief representative of Nigeria or those Nigerian representatives attending a conference the Minister may, by order withdraw those personal immunities in the case of that power or that Commonwealth country to such extent and in respect of such classes of persons as appear to the Minister to be proper.

9. Power to grant exemption from taxation to other governments, etc.

 

(1) Notwithstanding anything to the contrary in any Act, the Minister of Finance may from time to time, wholly or partly exempt from any public tax, duty, rate, levy, or fee applicable to the Federation or the Federal territory as the case may be, any of the following governments or persons‐

(a) the government of any Commonwealth country or of any foreign country or the government of any territory for whose international relations the government of any Commonwealth country or foreign country is responsible;

(b) a foreign envoy;

(c) a chief representative of a Commonwealth country;

(d) a foreign consular officer;

(e) a person upon whom consular immunity is conferred by regulations made for the purposes of section 5 of this Act;

(j) a person attending a Commonwealth conference in Nigeria to whom section 6 of this Act applies;

(g) a representative or officer of the government of any country other than Nigeria or of any provisional government, national committee, or other authority recognised by the Government of Nigeria if he is temporarily resident in Nigeria in accordance with any arrangement made with the Government of Nigeria;

(h) a member of the official staff of any person to whom any of the foregoing paragraphs

applies;

(i) a member of the domestic staff of any person to whom any of the foregoing paragraphs

applies;

(j) a member of the family of any person to whom any of the foregoing paragraphs applies.

(2) The powers conferred on the Minister of Finance by subsection (1) of this section shall be deemed to include‐

(a) power to exempt from stamp duty under the Stamp Duties Act and from the fee or duty (if any) chargeable under any other Act or any instrument or class of instruments to which any of the governments or persons referred to in that subsection is a party;

[Cap. S8.]

(b) power, on the death of any person referred to in that subsection‐

(i) to exempt wholly or partly the estate of that person from duty chargeable under any Act; and

 

(ii) to exempt any instrument or document or class of instruments or documents made for or relating to the appointment of an executor or administrator in the estate of that person, or to the administration or distribution of the estate, from stamp duty under the Stamp Duties Act and form the fee or duty (if any) chargeable under any other Act;

(c) power to exempt any goods belonging to or acquired by any such government or person as aforesaid from any duty chargeable under the law relating to customs and excise.

(3) Any exemption granted under this section may be granted either unconditionally or subject to such conditions as the Minister of Finance thinks fit, and that Federal Minister may at any time revoke any such exemption or revoke, vary or add to any such conditions.

(4) Every exemption granted under this section shall come into force on such date as may be specified in that behalf by the Minister of Finance; and the date so specified may be before or after the date of the granting of exemption or before or after coming into operation of this Act.

(5) If any question arises as to the persons entitled to exemption or as to the extent of any exemption, it shall be determined by the Minister in consultation, if necessary, with the Minister of Finance or the Commissioner of Finance of the State; and the decision of the Minister, if taken in accordance with this subsection, shall be final.

10. Personal immunities, etc., of Nigerian citizens and residents

(1) Where a person who is a member of the official or domestic staff of‐

(a) a foreign envoy; or

(b) a foreign consular officer; or

(c) a chief representative of a Commonwealth country; or

(d) a person upon whom consular immunity is conferred by regulations made for the purposes of section 5 of this Act; or

(e) a person attending a Commonwealth conference in Nigeria to whom section 6 of this Act applies; or

(f) a person temporarily resident in Nigeria and to whom paragraph (g) of subsection (1) of section 9 of this Act applies,

is a citizen of Nigeria and not a citizen of the country concerned, or is not resident in Nigeria solely for the purpose of performing his duties as such a member, that person shall not, and a member of the family of that person shall not by reason only of his being a member of that family, be entitled to the personal immunities (if any) which would otherwise be conferred on him by law, or to any exemption granted under section 9 of this Act.

 

(2) For the removal of doubt, privileges accorded to honorary consuls or trade Commissioners before the coming into operation of this Act shall not be deemed to be restricted or abrogated by this section; and with the approval in writing of the Minister the privileges may, after the commencement of this Act, continue to be enjoyed by any honorary consul or trade commissioner.

PART II

Immunities and privileges of international organisations and persons connected therewith

11. Immunities, etc., of certain international organisations, etc.

(1) This section shall apply to any organisation declared by the Minister by Order to be an organisation the members of which are sovereign powers (whether foreign sovereign powers or Commonwealth countries) or the government or governments thereof.

(2) The Minister may, from time to time, by Order in the Federal Gazette

(a) provide that any organisation to which this section applies (hereinafter referred to as “the organisation”) shall, to such extent as may be specified in the Order, have the immunities and privileges set out in the First Schedule to this Act, and shall also have the legal capacities of a body corporate;

[First Schedule.]

(b) confer upon‐

(i) any persons who are representatives (whether of governments or not) of any organ of the organisation or at any conference convened by the organisation or of any organ thereof;

(ii) such officers or classes of officers of the organisation as are specified in the Order, being the holders of such high offices in the organisation as are so specified;

(iii) such persons employed on missions on behalf of the organisation as are specified in the Order,

to such extent as are specified in the Order, the immunities and privileges specified in the Second Schedule to this Act;

[Second Schedule.]

(c) confer upon such other classes of officers and servants of the organisation as specified in the Order, the immunities and privileges specified in the Third Schedule to this Act to such extent as are so specified,

 

[Third Schedule.]

and the Fourth Schedule to this Act shall have effect for the purpose of extending to the staff of such representatives and members as are mentioned in sub‐paragraph (i) of paragraph (b) of this subsection and to the families of officers of the organisation any immunities and privileges conferred on the representatives, members, or officers under that paragraph, except in so far as the operation of the said Fourth Schedule is excluded by the Order conferring the immunities and privileges.

[Fourth Schedule.]

(3) Nothing in this section shall authorise the making of any Order to confer immunity or privilege upon any person as the representative of the Government of Nigeria or as a member of the staff of such a representative.

(4) This section shall also extend to the international organisations known as “National Liberation Movements” (hereinafter referred to as “the movements”) and accordingly it shall have effect as if‐

(a) the reference in subsection (1) to an organisation in respect of which the Minister may make an order includes a reference to the movements; and

(b) the persons described in subsection (2) (b) (iii) thereof includes persons, classes or groups of persons connected with the movements and specified by name or otherwise or described by reference to their professions or undertakings.

(5) For the avoidance of doubt, the Notices and Orders in Council in the Fifth Schedule to this Act made or issued under the authority of any Act repealed by this Act shall, with all necessary modifications, be deemed to have been made by the Minister as Orders under this section; and such Notices and Orders in Council shall have effect accordingly but may at any time be amended, revoked or replaced by the Minister.

[Fifth Schedule.]

12. Power to confer immunity on certain persons

The Minister may from time to time, by Order in the Federal Gazette confer on the judges and registrars of the International Court of Justice established by the Charter of the United Nations, and on suitors to that court and their agents, counsel, and advocates, such immunities, privileges, and facilities as may be required to give effect to any resolution of, or convention approved by, the General Assembly of the United Nations.

13. Extent of privileges

The powers conferred on the minister by sections 11 and 12 of this Act to grant certain immunities shall be deemed to include the power to exempt‐

 

(a) from stamp duty under the Stamp Duties Act and from the fee or duty (if any) chargeable under any other Act, any instrument or class of instruments to which any organisation or person to which or to whom either of those sections applies is a party;

[Cap. S8.]

(b) from any duty chargeable under the law relating to customs or excise any goods belonging to or acquired by any such organisation or person.

14. Immunities and privileges of representative attending international conferences

Where‐

(a) a conference is held in Nigeria and is attended by representatives of the government or governments of one or more foreign sovereign powers; and

(b) it appears to the Minister that doubts may arise as to the extent to which the representatives of those governments (other than the Federal or any State Government of Nigeria) and members of their official staffs are entitled to immunities and privileges,

the Minister may, by notice in the Federal Gazette, direct that every representative of any such government (other than the Federal or any State Government of Nigeria) shall, for the purpose of any enactment or rule of law or custom relating to the immunities and privileges of a foreign envoy, be treated as if he were a foreign envoy, and that such of the members of his official staff as the Minister may from time to time direct shall be treated for the purpose aforesaid as if they were members of the official staff of a foreign envoy.

15. Organisations and persons may waive immunity

Any organisation or person may waive any immunity, inviolability or privileges conferred on it or him under this Part of this Act.

16. Reciprocal treatment

Nothing in this Part of this Act shall be construed to preclude the Minister from declining to accord immunities or privileges to, or from withdrawing immunities or privileges from nationals or representatives of any government or sovereign power on the ground that, that government or power is failing to accord corresponding immunities or privileges to Nigerian nationals or representatives.

PART III

Miscellaneous and supplemental

17. Provisions as to exemption from taxation

 

(1) The Minister charged with responsibility for finance (in this section referred to as “the said Minister”) may direct any refund or payment from the Consolidated Revenue Fund or any other fund of the Government or other public body whose finances are subject to control by the said Minister, necessary in the opinion of the said Minister to give effect to any exemption granted under the Act.

(2) Where any loss is suffered by any public fund or account of the Federation other than the Consolidated Revenue Fund by the granting of any such exemption or by the making of any refund or payment directed under this section, the said Minister may direct that such payments be made from the Consolidated Revenue Fund to that other fund or account as may be necessary in the opinion of the said Minister to reimburse that loss.

(3) Where any loss is suffered by any public body within the meaning of subsection (1) of this section by the granting of any such exemption or by the making of any refund or payment directed under this section, the said Minister may direct that such payments be made from the Consolidated Revenue Fund to that public body as may be necessary in the opinion of the said Minister to reimburse that loss.

(4) All refunds or payments directed under this section to be made from the Consolidated Revenue Fund or any other Fund of the Federal Government or other public body shall be made without further appropriation than this section.

18. Certificate of Minister

If in any proceedings any question arises whether or not any organisation or any person is entitled to immunity from suit and legal process under any provision of this Act or of any regulations made under this Act, a certificate issued by the Minister stating any fact relevant to that question shall be conclusive evidence of that fact.

19. Power of Minister to add to or vary list of Commonwealth countries

The Minister may by order in the Federal Gazette add to or vary the list of Commonwealth countries for the purposes of this Act.

20. Regulations

The President may from time to time make regulations for any purpose for which regulations are contemplated or required by this Act, and may make all such other Regulations as he thinks necessary or expedient for the purpose of giving effect to the provisions of this Act and for the due administration thereof.

21. Orders, etc. to be laid before the National Assembly

All Orders and regulations made under this Act shall be laid before the National Assembly within fourteen days after the date of the making thereof if the National Assembly is then in session, and, if not, shall be laid before the National Assembly within three sitting days after the date of the

 

commencement of the next ensuing session. If any Order or regulation is not so laid, or either House of the National Assembly passes a resolution disallowing the Order or regulation within seven sitting days after the laying, the Order or regulations shall thenceforth be void without prejudice to the validity of anything previously done thereunder.

22. Interpretation

(1) In this Act, unless the context otherwise requires‐

“chief representative of a Commonwealth country” means a person, whether he is known by the title of High Commissioner or by another title, who is recognised by the Government as the chief representative in Nigeria of any other Commonwealth country;

“foreign consular officer” means a consular officer of a foreign sovereign power who is recognised by the Government of Nigeria;

“foreign envoy” means an envoy of a foreign sovereign power who is accredited to the Government of Nigeria;

“Government” or “the Government of Nigeria” means the Federal Government of Nigeria;

“member of the family” in relation to any person to whom this Act applies, means the spouse or any child of that person;

“Minister” means the minister charged with responsibility for foreign affairs and Commonwealth relations;

“personal immunities” means immunity from suit or legal process (except in respect of things done or omitted to be done in the course of the performance of official duties) and includes inviolability of residence and appearance before any court or other tribunal as a witness;

“residence” in relation to the property of the government to which a person accorded personal immunities under Part I of this Act owes allegiance or to any property owned or rented by that person, means any house or other premises whatsoever used or occupied for diplomatic purposes by the head of a mission or by a member of the diplomatic staff thereof; and in relation to any person accorded personal immunities under Part II of this Act, means any house or other premises for the time being occupied by that person, and however acquired.

(2) Reference in this Act to “Commonwealth country” or to “Commonwealth countries” shall be read as references to all or any of the following countries, that is to say, the United Kingdom and Colonies, Canada, Australia, New Zealand, India, Pakistan, Zimbabwe, Malawi, Sri Lanka, Ghana, Malaysia, the State of Singapore, Cyprus, Sierra Leone, Tanzania, Uganda, Jamaica and such other countries as the Minister may by order in the Federal Gazette declare for the purposes of this Act, and includes the Republic of Ireland.

23. Short title, application, repeals and savings

 

(1) This Act may be cited as the Diplomatic Immunities and Privileges Act, and shall apply throughout the Federation.

(2) The enactments mentioned in the Sixth Schedule to this Act are hereby repealed.

[Sixth Schedule.]

(3) Without limiting the provisions of the Interpretation Act, it is hereby declared that the repeal of any provisions by this Act shall not affect any document made or thing done under the provision so repealed, and every such document made or thing done so far as it is subsisting or in force at the time of the repeal or could have been made or done under this Act shall continue and have effect as if it has been made or done under the corresponding provision of this Act, and as if that provision has been in force when the document was made or thing was done.

[Cap. 123.]

(4) For the avoidance of doubt, sections 4, 5 and 6 of the Consular Conventions Act shall, to the extend to which they are inconsistent with this Act, be read and construed subject to the provisions of this Act.

[Cap. C24.] SCHEDULES FIRST SCHEDULE

[section 11 (2) (a).]

Immunities and privileges of international organisations

1. Immunity from suit and legal process.

2. The like inviolability of residence and official archives as is accorded in respect of the residence and official archives of a foreign envoy.

3. The like exemption from taxes and rates, other than taxes on the importation of goods, as IS accorded to the Government of any foreign country.

4. Exemption from taxes on the importation of goods directly imported by the organisation for its official use in Nigeria or for exportation, or on the importation of any publications of the organisation directly imported by it, subject to compliance with such conditions as the Federal Minister charged with responsibility for finance may prescribe for the protection of the revenue.

5. Exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the organisation for its official use and in the case of any publications of the organisation for its official use and in the case of any publications of the organisation directly imported or exported by it, subject to compliance with such conditions as the Federal Minister charged

 

with responsibility for health may prescribe for the protection of the public health, the prevention of diseases in plants and animals, and otherwise in the public interest.

6. The right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or dispatched from places outside Nigeria), of any reduced rates applicable for the corresponding service in the case of press telegrams.

SECOND SCHEDULE

[Section 11 (2) (b).]

Immunities and privileges of representatives, members of committees, senior officers, and persons on missions

1. The like immunity from suit and legal process as is accorded to a foreign envoy.

2. The like inviolability of residence and official archives as is accorded to a foreign envoy.

3. The like exemption from taxes and rates as is accorded to a foreign envoy.

THIRD SCHEDULE

[Section 11 (2) (c).]

Immunities and privileges of other officers and servants

1. Immunity from suit and legal process in respect of things done or omitted to be done in the course of the performance of official duties.

2. Exemption from taxes in respect of emoluments received as an officer or servant of the organisation.

3. Exemption from taxes on the importation of furniture and effects imported at the time of first taking up post in Nigeria, that exemption to be subject to compliance with such conditions as the Federal Minister of Finance may prescribe for the protection of the Revenue.

FOURTH SCHEDULE

[Section 11 (2) (c).]

Immunities and privileges of official staff and of senior officers’ families

1. Where any person is entitled to any such immunities and privileges as are mentioned in the Second Schedule to this Act as the representative on any organ of the organisation or a member of any committee of the organisation of an organ thereof, his official staff accompanying him as such a representative or member shall also be entitled to those immunities and privileges to the same extent

 

as the members of the official staff of a foreign envoy are entitled to the immunities and privileges accorded to that envoy.

2. Where any person is entitled to any such immunities and privileges as are mentioned in the Second Schedule to this Act as an officer of the organisation, the members of the family of that person shall also be entitled to those immunities and privileges to the same extent as the members of the family of a foreign envoy are entitled to the immunities and privileges accorded to that envoy.

FIFTH SCHEDULE

[Section 11 (4).]

Notice and orders in council continued in operation

(a) the Diplomatic Privileges (United Nations) Declaration of Application Notice published as Public Notice 122 of 1948;

(b) the Diplomatic Privileges (Specialised Agencies) Declaration of Application Notice published as Public Notice 150 of 1949;

(c) the Diplomatic Privileges (UNICEF) Declaration of Application Notice published as L.N. 122 of 1955;

(d) the Diplomatic Privileges (United Nations and International Court of Justice) Order published as Order in Council 27 of 1948;

(e) the Diplomatic Privileges (Food and Agriculture Organisation) Order published as Order in Council 31 of 1949;

(f) the Diplomatic Privileges (United Nations Educational, Scientific, and Cultural Organisation) Order published as Order in Council 32 of 1949;

(g) the Diplomatic Privileges (International Refugee Organisation) Order published as Order in Council 33 of 1949;

(h) the Diplomatic Privileges (World Health Organisation) Order published as Order in Council 34 of 1949 and thereafter amended by L.N. 71 of 1956;

(i) the Diplomatic Privileges (International Civil Aviation Organisation) Order published as Order in Council 35 of 1949 and thereafter amended by L.N. 72 of 1956;

(j) the Diplomatic Privileges (International Labour Organisation) Order published as Order in Council 36 of 1949;

(k) the Diplomatic Privileges (World Meteorological Organisation) Order published as L.N. 68 of 1956;

 

(l) the Diplomatic Privileges (Universal Postal Union) Order published as L.N. 69 of 1956;

(m) the Diplomatic Privileges (International Telecommunications Union) published as L.N. 70 of 1956.

SIXTH SCHEDULE

[Section 23 (2).] Enactments repealed Short Title

52 The Diplomatic Immunities and Privileges (Commonwealth Countries Republic of Ireland) Act.

53 The Diplomatic Privileges (Extension) Act.

DIPLOMATIC IMMUNITIES AND PRIVILEGES ACT

SUBSIDIARY LEGISLATION

List of Subsidiary Legislation

1. Diplomatic Privileges (World Health Organisation) Order.

2. Diplomatic Privileges (International Civil Aviation Organisation) Order.

3. Diplomatic Privileges (United Nations and International Court of Justice) Order.

4. Diplomatic Privileges (United Nations) Declaration of Application Notice.

5. Diplomatic Privileges (Cameroons Visiting Mission) Order.

6. Diplomatic Privileges (United Nations Educational Scientific and Cultural Organisation) Order.

7. Diplomatic Privileges (Food and Agriculture Organisation) Order.

8. Diplomatic Privileges (International Refugee Organisation) Order.

9. Diplomatic Privileges (International Labour Organisation) Order.

10. Diplomatic Privileges (Specialised Agencies) Declaration of Application

 

Notice.

11. Diplomatic Privileges (UNICEF) Declaration of Application Notice.

12. Diplomatic Privileges (World Meteorological Organisation) Order.

13. Diplomatic Privileges (Universal Postal Union) Order.

14. Diplomatic Privileges (International Telecommunication) Order.

15. Diplomatic Immunities and Privileges (African Development Bank) Order.

16. Diplomatic Immunities and Privileges (African Groundnut Council) Order.

17. Diplomatic Immunities and Privileges (Cocoa Producers’ Alliance) Order.

18. Diplomatic Immunities and Privileges (West African Health Community) Order.

19. Diplomatic Immunities and Privileges (Regional Centre for Training in Aerial Surveys) Order.

20. Immunities and Privileges (International Finance Corporation) Order.

21. Diplomatic Immunities and Privileges (International Crops Research Institute for the Semi‐arid Tropics) Order.

22. Diplomatic Immunities and Privileges (International Committee of the Red Cross) Order.

23. Diplomatic Immunities and Privileges (Regional Centre for International Commercial Arbitration) Order.

DIPLOMATIC PRIVILEGES (WORLD HEALTH ORGANISATION) ORDER

[Order in Council 34 of 1949.]

under section 3 (1)

1. Short title

This Order may be cited as the Diplomatic Privileges (World Health Organisation) Order. [L.N. 71 of 1956.]

A. The Organisation

2. The World Health Organisation (hereinafter referred to as “the Organisation”) is an organisation of which the Federal Government of Nigeria and the governments of foreign sovereign powers are members.

 

3. The Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

4. The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign Power accredited to Nigeria.

5. The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

6. The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Nigeria or for exportation, or on the importation of any publications of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Director of Customs and Excise may prescribe for the protection of the revenue of Nigeria.

7. The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Organisation for its official use and in the case of any publications of the Organisation directly imported or exported by it.

8. The Organisation shall have the right to avail itself, for telegraphic communications sent by it and containing only matters intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside Nigeria) of any reduced rates applicable for the corresponding service in the case of press telegrams.

B. Representatives of members and of the Executive Board of the Organisation

9. (1) Except in so far as in any particular case any privilege or immunity is waived, in the case of representatives of member governments, by the member governments whom they represent, and in the case of persons designated to serve on the Executive Board of the Organisation and their alternates and advisers, by the Executive Board, representatives of member governments and persons designated to serve on the Executive Board of the Organisation and their alternates and advisers shall enjoy‐

(a) while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

(c) while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign

 

sovereign power accredited to Nigeria, save that the relief allowed shall not include relief from customs and excise duties, except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in Nigeria during any period when they are present in Nigeria whilst exercising their functions and during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to British subjects or British protected persons whose usual place of abode is in Nigeria.

(2) For the purposes of the application of this Order, the expression “representatives of member governments” shall be deemed to include their official staff accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

(3) The provision of the sub‐paragraphs (1) and (2) of this paragraph shall not confer any immunity or privilege upon any person as the representative of the Federal Government of Nigeria or as a member of the staff of such a representative or any person who is a British subject or a British protected person and who is not the representative of a Government of Her Majesty other than the Federal Government of Nigeria or a member of the staff of and accompanying any such representative.

(4) For the purposes of this paragraph, references to representatives of member governments shall include references to representatives of the governments of associate members of the Organisation.

[L.N. 71 of 1956.]

(5) For the purposes of this Order, the expression “representatives of the governments of associate members of the Organisation” shall be deemed to include the official staff, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

[L.N. 71 of 1956.]

C. High officials

10. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officers of the Organisation holding the offices of Director‐General or Deputy Director‐General shall be accorded in respect of themselves, their spouses and children under the age of 21, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Nigeria, his spouse and children, and they shall also enjoy exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D. Persons serving on committees of or employed on missions on behalf of the Organisation

 

11. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, persons (other than officials of the Organisation) serving on committees of, or employed on missions on behalf of the Organisation shall enjoy‐

(a) while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Organisation;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the person concerned is no longer employed on missions on behalf of the Organisation.

E. Other officials of the Organisation

12. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, all officials of the Organisation, other than those referred to in paragraph 10 of this Order, shall enjoy‐

(a) immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties;

(b) exemption from income tax in respect of emoluments received by them as officers or servants of the Organisation.

F. General

13. The names of the persons to whom the provisions of paragraphs 9, 10, 11 and 12 of this Order apply shall be set forth in a list compiled and published from time to time by the Minister under section 11 (2) of the Act, and such list shall show in regard to each person the date as from which, for the purposes of this Order, he first held the office or employment in question, and the date when he ceased to hold that office or employment.

14. This Order shall be laid before the House of Representatives.

 

DIPLOMATIC PRIVILEGES (INTERNATIONAL CIVIL AVIATION ORGANISATION) ORDER

[Order in Counci1l 35 of 1949.]

under section 3 (1)

 

[7th December, 1944]

[Commencement. ]

1. Short title

This Order may be cited as the Diplomatic Privileges (International Civil Aviation Organisation)

Order.

A. The Organisation

2. The International Civil Aviation Organisation set up under Article 43 of the Convention on International Civil Aviation signed at Chicago on the 7th day of December, 1944 (hereinafter referred to as “the Organisation”) is an organisation of which the Federal Government of Nigeria and the governments of foreign sovereign powers are members.

3. The Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and process. No waiver of immunity shall be deemed to extend to any measure of execution.

4. The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign power accredited to Nigeria.

5. The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

6. The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Nigeria or for exportation, or on the importation of any publications of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Director of Customs and Excise may prescribe for the protection of the revenue of Nigeria.

7. The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Organisation for its official use and in the case of any publication of the Organisation directly imported or exported by it.

8. The Organisation shall have the right to avail itself, for telegraphic communications sent by it, and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside Nigeria) of any reduced rates applicable for the corresponding service in the case of press telegrams.

B. Representatives of members

9. (1) Except in so far as in any particular case any privilege or immunity is waived by the member governments whom they represent, representatives of member governments to the Assembly or to the

 

Council of the Organisation, to any commission (however named) provided for in the constitution of the Organisation, or to any committee of such Assembly, Councilor commission shall enjoy‐

(a) while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

(c) while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Nigeria, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in Nigeria during any period when they are present in Nigeria whilst exercising their functions or during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to British subjects or British protected persons whose usual place of abode is in Nigeria.

(2) For the purpose of the application of this Order, the expression “representatives of member governments” shall be deemed to include their official staff, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

(3) The provisions of sub‐paragraphs of this paragraph shall not confer any immunity or privilege upon any person as the representative of the Federal Government of Nigeria or as a member of the staff of such a representative, or any person who is a British subject or a British protected person and who is not the representative of a government of Her Majesty other than the Federal Government of Nigeria or a member of the staff of and accompanying any such representative.

C. High officials

10. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, the Secretary‐General or the Deputy Secretary‐General of the Organisation and the President of the Council of the Organisation shall be accorded in respect of themselves, their spouses and children under the age of 21, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Nigeria, his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D. Persons serving on committees of or employed on missions on behalf of the Organisation

 

11. Except in so far as in any particular case any privilege or immunity is waived by the organisation, persons (other than officials of the Organisation) serving on committees of, or employed on missions on behalf of the Organisation shall enjoy‐

(a) while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Organisation;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of these functions. Such immunity shall continue notwithstanding that the persons concerned are no longer employed on missions on behalf of the Organisation.

E. Other officials of the Organisation

12. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officials of the Organisation (other than those referred to in paragraph 10 of this Order) shall enjoy‐

(a) immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties; and

(b) exemption from income tax in respect of emoluments received by them as officers or servants of the Organisation.

F. General

13. The names of the persons to whom the provisions of paragraphs 9, 10, 11 and 12 of this Order apply shall be set forth in a list compiled and published from time to time by the Minister under section 11 (2) of the Act, and such list shall show, in regard to each person, the date as from which for the purpose of this Order he first held the office or employment in question, and the date when he ceased to hold that office or employment.

14. This Order shall be laid before the House of Representatives.

 

DIPLOMATIC PRIVILEGES (UNITED NATIONS AND INTERNATIONAL COURT OF JUSTICE) ORDER

under section 3 (1)

[26th June, 1945]

 

[Commencement. ]

1. Short title

This Order may be cited as the Diplomatic Privileges (United Nations and International Court of Justice) Order.

PART I

The United Nations

A. The Organisation

2. The United Nations, set up by the Charter signed at San Francisco on the 26th day of June, 1945, is an organisation of which the Federal Government of Nigeria and the governments of foreign powers are members.

3. The United Nations shall have the legal capacity of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

4. The United Nations shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign power accredited to Nigeria.

5. The United Nations shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

6. The United Nations shall have exemption from taxes on the importation of goods directly imported by the organisation for its official use in Nigeria or for exportation, or on the importation of any publications of the organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Director of Customs and Excise may prescribe for the protection of the revenue.

7. The United Nations shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the organisation for its official use and in the case of any publications of the organisation directly imported or exported by it.

8. The United Nations shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside Nigeria), of any reduced rates applicable for the corresponding service in the case of press telegrams.

B. Representatives of members

 

9. Except in so far as in any particular case any privilege or immunity is waived by the member governments whom they represent, representatives of member governments to the General Assembly or to any Councilor other organ of the United Nations shall enjoy‐

(a) while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

(c) while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Nigeria, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage. They shall not, where the incidence, of any form of taxation depends upon residence, be deemed to be resident in Nigeria during any period when they are present in Nigeria while exercising their functions or during their journey to and from the place of meeting.

10. For the purposes of the application of this order, the expression “representatives of member governments” shall be deemed to include their official staffs, accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

C. High officials of Nigeria

11. Except in so far as in any particular case any privilege or immunity is waived by the Secretary‐ General or the Security Council of the United Nations, the Secretary‐General and Assistant Secretaries General of the United Nations (and not exceeding at one time six in number) shall be accorded in respect of themselves, their spouses and children, under the age of2l the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Nigeria, his spouse and children. They shall also enjoy exemption from income tax in respect of emoluments received by them as officers of the United Nations.

D. Persons employed on missions on behalf of the United Nations

12. Except in so far as in any particular case any privilege or immunity is waived by the Secretary‐ General of the United Nations, persons employed on missions on behalf of the United Nations shall enjoy‐

(a) while exercising their functions as such, as during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;

 

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of these functions.

E. Other officials of the United Nations

13. Except in so far as in any particular case any privilege or immunity is waived by the Secretary‐ General of the United Nations, officials of the United Nations (other than those referred to in paragraph 11 of this Order, and officials engaged locally and remunerated by payment calculated by the number of hours worked) shall enjoy‐

(a) immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties; and

(b) exemption from income tax in respect of emoluments received by them as officers or servants of the United Nations.

PART II

International Court of Justice

14. Except in so far as in any particular case any privilege or immunity is waived by the Court, the Judges and Registrar of the International Court of Justice (including any officer of the Court acting as Registrar) shall, when engaged on the business of the Court and during any journey to and from the place where the Court is sitting in connection with such business, enjoy the like immunity from suit and legal process, the like inviolability of residence and also the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Nigeria.

15. The Judges and Registrar of the International Court of Justice shall enjoy exemption from income tax in respect of all emoluments received by them as Judges or Registrar.

16. Except in so far as in any particular case any privilege or immunity is waived by the government whom they represent before the Court, the agents, counsel and advocates of parties before the Court shall enjoy‐

(a) when engaged on their missions before the Court and during their journeys to and from the place where the Court is sitting in connection with such missions, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability for all papers and documents;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in this capacity;

(c) when engaged on their missions before the Court and during their journeys to and from the place where the Court is sitting in connection with such mission, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Nigeria, save that the relief allowed shall not include relief from customs and excise

 

duties or purchase tax, except in respect of goods imported as part of their personal baggage. They shall not, where incidence of any form of tax depends upon residence, be deemed to be resident in Nigeria during any period when they are present in Nigeria while exercising these functions or during their journey to and from the place of meeting.

PART III

General

17 . The names of the persons to whom the provisions of paragraphs, 9, 10, 11, 12, 14, 15 and 16 of this Order apply, shall be set forth in a list compiled and published from time to time by the Minister under section 11 (2) of the Act and such list shall show in regard to each person the date as from which, for the purposes of this Order, he first held the office or employment in question, and the date when he ceased to hold that office and employment.

18 . This Order shall be laid before the House of Representatives.

DIPLOMATIC PRIVILEGES (UNITED NATIONS) DECLARATION OF APPLICATION NOTICE

[Public Notice 122 of 1948.]

under section 2

[26th June, 1945]

[Commencement. ]

Short title

This Notice may be cited as the Diplomatic Privileges (United Nations) Declaration of Application

Notice.

WHEREAS by section 2 of the Diplomatic Privileges (Extension) Act, hereinafter referred to as the Act, it is enacted that the provisions of the Act shall apply to any organisation declared by notice in the Federal Gazette to be an organisation of which the Federal Government of Nigeria and the government or governments of one or more foreign sovereign powers are members:

NOW THEREFORE, by virtue and in exercise of the powers in this behalf by the aforesaid Act conferred, notice is hereby given as follows‐

The United Nations Organisation set up by the Charter signed at San Francisco on the 20th day of June, 1945, is an organisation of which the Federal Government of Nigeria and the governments of foreign sovereign powers are members.

 

DIPLOMATIC PRIVILEGES (CAMEROONS VISITING MISSION) ORDER

[Order in Council 30 of 1949.]

under section 3 (1)

1. Short title

This Order may be cited as the Diplomatic Privileges (Cameroons Visiting Mission) Order.

2. Notwithstanding the provisions of paragraph 12 of the Diplomatic Privileges (United Nations and International Court of Justice) Order, the immunities and privileges set out in the Second Schedule to the Act are hereby conferred upon the Visiting Mission to the Cameroons of the Trusteeship Council of the United Nations.

3. This Order shall be laid before the House of Representatives.

DIPLOMATIC PRIVILEGES (UNITED NATIONS EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANISATION) ORDER

[Order in Counci130 of 1949.] under section 3 (1)

1. Short title

This Order may be cited as the Diplomatic Privileges (United Nations Educational, Scientific, and Cultural Organisation) Order.

A. The Organisation

2. The United Nations Educational, Scientific, and Cultural Organisation (hereinafter referred to as “the Organisation”) is an organisation of which the Federal Government of Nigeria and the governments of foreign sovereign powers are members.

3. The Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

4. The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign power accredited to Nigeria.

 

5. The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

6. The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Nigeria or for exportation, or on the importation of any of the publications of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Director of Customs and Excise may prescribe for the protection of the Revenue.

7. The Organisation shall have exemption from prohibitions and restrictions on the importation or exportation in the case of goods directly imported or exported by the Organisation for its official use and in the case of any publications of the Organisation directly imported or exported by it.

8. The Organisation shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside Nigeria), of any reduced rates applicable for the corresponding service in the case of press telegrams.

B. Representatives of members: the President of the Conference: Members of the Executive Board of the Organisation

9. (1) Except in so far as any privilege or immunity is waived, in the case of representatives of member governments, by the governments whom they represent; in the case of the President of the Conference, by the Organisation; and in the case of members of the Executive Board, by the Executive Board of the Organisation; representatives of member governments, the President of the Conference of the Organisation, and members of the Executive Board of the Organisation shall enjoy‐

(a) while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

(c) while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Nigeria, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in Nigeria during any period when they are present in Nigeria whilst exercising their functions and during their journey to

 

and from the place of meeting. The provisions of this paragraph shall not apply to British subjects or British protected persons whose usual place of abode is in Nigeria.

(2) For the purpose of the application of this Order, the expression “representatives of member governments” shall be deemed to include their official staff accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

(3) The provisions of the preceding paragraphs of this Article shall not confer any immunity or privilege upon any person as the representative of the Federal Government of Nigeria or as a member of the staff of such a representative, or any person who is a British subject or a British protected person and who is not the representative of a government of Her Majesty other than the Federal Government of Nigeria or a member of the staff of and accompanying any such representative.

C. High officials

10. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officers of the Organisation holding the offices of Secretary‐General and Deputy Secretary‐ General shall be accorded in respect of themselves, their spouses and children under the age of 21, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Nigeria, his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D. Persons employed on missions on behalf of the Organisation

11. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, persons employed on missions on behalf of the Organisation shall enjoy‐

(a) while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Organisation;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the persons concerned are no longer employed on missions on behalf of the Organisation.

E. Other officials of the Organisation

12. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, all officials of the Organisation (other than those referred to in paragraph 10 of this Order) shall enjoy‐

(a) immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties;

 

(b) exemption from income tax in respect of emoluments received by them as officers or servants of the Organisation.

F. General

13. The names of the persons to whom the provisions of paragraphs 9 and 10 of this Order apply, shall be set forth in a list compiled and published from time to time by the Minister under section 11 (2) of the Act, and such list shall show in regard to each person the date as from which, for the purposes of this Order, he first held the office or employment in question, and the date when he ceased to hold that office or employment.

14. This Order shall be laid before the House of Representatives.

DIPLOMATIC PRIVILEGES (FOOD AND AGRICULTURE ORGANISATION) ORDER

[Order in Council 31 of 1949.]

under section 3 (1)

1. Short title

This Order may be cited as the Diplomatic Privileges (Food and Agriculture Organisation) Order.

A. The Organisation

2. The Food and Agriculture Organisation (hereinafter referred to as “the Organisation”) is an organisation of which the Federal Government of Nigeria and the governments of foreign sovereign powers are members.

3. The Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

4. The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign power accredited to Nigeria.

5. The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

6. The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Nigeria or for exportation, or on the importation of any of the publications of the Organisation directly imported by it, such exemption to be subject to

 

compliance with such conditions as the Director of Customs and Excise may prescribe for the protection of the Revenue.

7. The Organisation shall have exemption from prohibitions and restrictions on the importation or exportation in the case of goods directly imported or exported by the Organisation for its official use and in the case of any publications of the Organisation directly imported or exported by it.

8. The Organisation shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside Nigeria), of any reduced rates applicable for the corresponding service in the case of press telegrams.

B. Representatives of members: chairman of the Council of the Organisation

9. (1) Except in so far as any privilege or immunity is waived, in the case of representatives of member governments, by the governments whom they represent and, in the case of the chairman of the Council of the Organisation, by the Council of the Food and Agriculture Organisation, representatives of member governments, and the chairman of the Council of the Organisation shall enjoy‐

(a) while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

(c) while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Nigeria, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in Nigeria during any period when they are present in Nigeria whilst exercising their functions and during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to British subjects or British protected persons whose usual place of abode is in Nigeria.

(2) For the purpose of the application of this Order, the expression “representatives of member governments” shall be deemed to include their official staff accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

(3) The provisions of sub‐paragraphs (1) and (2) of this paragraph shall not confer any immunity or privilege upon any person as the representative of the Federal Government of Nigeria or as a member of the staff of such a representative, or any person who is a British subject or a British

 

protected person and who is not the representative of a government of Her Majesty other than the Federal Government of Nigeria or a member of the staff of and accompanying any such representative.

C. High officials

10. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officers of the Organisation holding the offices of Director‐General and Deputy Director‐General shall be accorded in respect of themselves, their spouses and children under the age of 21, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Nigeria, his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D. Persons employed on missions on behalf of the Organisation

11. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, persons (other than officials of the Organisation) serving on Committees of, or on behalf of the Organisation shall enjoy‐

(a) while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Organisation;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the persons concerned are no longer employed on missions on behalf of the Organisation.

E. Other officials of the Organisation

12. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, all officials of the Organisation (other than those referred to in paragraph 10 of this Order) shall enjoy‐

(a) immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties;

(b) exemption from income tax in respect of emoluments received by them as officers and servants of the Organisation.

F. General

13. The names of the persons to whom the provisions of paragraphs 9 and 10 of this Order apply, shall be set forth in a list compiled and published from time to time by the President under section 11 (2) of the Act, and such list shall show in regard to each person the date as from which, for the purposes of

 

this Order, he first held the office or employment in question, and the date when he ceased to hold that office or employment.

14. This Order shall be laid before the House of Representatives.

DIPLOMATIC PRIVILEGES (INTERNATIONAL REFUGEE ORGANISATION) ORDER

[Order in Council 33 of 1949.]

under section 3 (1)

1. Short title

This Order may be cited as the Diplomatic Privileges (International Refugee Organisation) Order.

A. The Organisation

2. The International Refugee Organisation (hereinafter referred to as “the Organisation”) is an organisation of which the Federal Government of Nigeria and the governments of foreign sovereign powers are members.

3. The Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

4. The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign power accredited to Her Majesty.

5. The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

6. The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Nigeria or for exportation, or on the importation of any publications of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Director of Customs and Excise may prescribe for the protection of the revenue of Nigeria.

7. The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Organisation for its official use and in the case of any publications of the Organisation directly imported or exported by it.

 

8. The Organisation shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside Nigeria) of any reduced rates applicable for the corresponding service in the case of press telegrams.

B. Representatives of members

9. (1) Except in so far as in any particular case any privilege or immunity is waived by the member governments whom they represent, representatives of member governments to the Council of the Organisation shall enjoy‐

(a) while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

(c) while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Nigeria, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in Nigeria during any period when they are present in Nigeria whilst exercising their functions or during their journey to and from the place of meeting. The provisions of this paragraph shall not apply to British subjects or British protected persons whose usual place of abode is in Nigeria.

(2) For the purpose of the application of this Order, the expression “representatives of member governments” shall be deemed to include their official staff accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

(3) The provisions of the preceding paragraphs of this Article shall not confer any immunity or privilege upon any person as the representative of the Federal Government of Nigeria or as a member of the staff of such a representative, or any person who is a British subject or a British protected person and who is not the representative of a government of Her Majesty other than the Federal Government of Nigeria or a member of the staff of and accompanying any such representative.

C. High officials

10. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, the Director‐General or the Deputy Director‐General of the Organisation shall be accorded in respect of themselves, their spouses and children under the age of 21, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to an

 

envoy of a foreign sovereign Power accredited to Nigeria, his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D. Persons employed on missions on behalf of the Organisation

11. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, persons employed on missions on behalf of the Organisation shall enjoy‐

(a) while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Organisation;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the persons concerned are no longer employed on missions on behalf of the Organisation.

E. Other officials of the Organisation

12. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officials of the Organisation (other than those referred to in paragraph 10 of this Order or officials engaged locally and remunerated by payment calculated on the number of hours worked) shall enjoy‐

(a) immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties; and

(b) exemption from income tax in respect of emoluments received by them as officers or servants of the Organisation.

F. General

13. The names of the persons to whom the provisions of paragraph 9 and 10 of this Order apply shall be set forth in a list compiled and published from time to time by the Minister under section 11 (2) of the Act, and such list shall show in regard to each person the date as from which for the purpose of this Order, he first held the office or employment in question, and the date when he ceased to hold that office or employment.

14. This Order shall be laid before the House of Representatives.

DIPLOMATIC PRIVILEGES (INTERNATIONAL LABOUR ORGANISATION) ORDER

 

[Order in Council 36 of 1949.]

under section 3 (1)

1. Short Title

This Order may be cited as the Diplomatic Privileges (International Labour Organisation) Order.

A. The Organisation

2. The International Labour Organisation (hereinafter referred to as “the Organisation”) is an organisation of which the Federal Government of Nigeria and the governments of foreign sovereign powers are members.

3. The Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and process. No waiver of immunity shall be deemed to extend to any measure of execution.

4. The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign power accredited to Nigeria.

5. The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods as is accorded to a foreign sovereign power.

6. The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Nigeria or for exportation, or on the importation of any of the publications of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Director of Customs and Excise may prescribe for the protection of the revenue of Nigeria.

7. The Organisation shall have exemption from prohibitions and restrictions on the importation or exportation in the case of goods directly imported or exported by the Organisation for its official use and in the case of any publications of the Organisation directly imported or exported by it.

8. The Organisation shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside Nigeria), of any reduced rates applicable for the corresponding service in the case of press telegrams.

B. Representatives of members: members of the Governing Body of the International Labour Office

9. (1) Except in so far as any privilege or immunity is waived, in the case of representatives of member governments, by the governments whom they represent; and in the case of members and deputy members of the Governing Body of the International Labour Office and their substitutes, by the

 

Governing Body, representatives of member governments and the employers’ and workers’ members and deputy members of the Governing Body of the International Labour Office and their substitutes shall enjoy‐

(a) while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives or as members of the Governing Body of the International Labour Office, as the case may be;

(c) while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to Nigeria, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in Nigeria during any period when they are present in Nigeria whilst exercising their functions or during their journey to and from the place of meeting.

The provisions of this paragraph shall not apply to British subjects or British protected persons whose usual place of abode is in Nigeria.

(2) For the purpose of the application of this Order, the expression “representatives of member governments” shall be deemed to include their official staff accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

(3) The provisions of sub‐paragraphs (1) and (2) of this paragraph shall not confer any immunity or privilege upon any person as the representative of the Federal Government of Nigeria or as a member of the staff of such a representative or any person who is a British subject or a British protected person and who is not the representative of a government of Her Majesty other than the Federal Government of Nigeria or a member of the staff of and accompanying any such representative.

C. High officials

10. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, officers of the Organisation holding the offices of Director‐General, Deputy Director‐ General and Assistant Director‐General shall be accorded in respect of themselves, their spouses and children under the age of 21, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign Power accredited to Nigeria, his spouse and children, including exemption from income tax in respect of emoluments received by them as officers of the Organisation.

D. Persons serving on committees of or employed on missions on

 

behalf of the Organisation

11. Except in so far as in any particular case any privilege is waived by the Organisation, persons (other than officials of the Organisation) serving on Committees of, or employed on missions on behalf of the Organisation shall enjoy‐

(a) while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Organisation;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions. Such immunity shall continue notwithstanding that the persons concerned are no longer employed on missions on behalf of the Organisation.

E. Other officials of the Organisation

12. Except in so far as in any particular case any privilege or immunity is waived by the Organisation, all officials of the Organisation (other than those referred to in paragraph 10 of this Order) shall enjoy‐

(a) immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties; and

(b) exemption from income tax in respect of emoluments received by them as officers or servants of the Organisation.

F. General

13. The names of the persons to whom the provisions of paragraphs 9, 10, 11 and 12 of this Order apply, shall be set forth in a list compiled and published from time to time by the Minister under section 11 (2) of the Act, and such list shall show in regard to each person the date as from which for the purpose of this Order, he first held the office or employment in question, and the date when he ceased to hold that office or employment.

14. This Order shall be laid before the House of Representatives.

DIPLOMATIC PRIVILEGES (SPECIALISED AGENCIES) DECLARATION OF APPLICATION NOTICE

[Public Notice 150 of 1949.]

under section 2

 

Short title

This Notice may be cited as the DIPLOMATIC Privileges (Specialised Agencies) Declaration of Application Notice.

WHEREAS by section 2 of the Diplomatic Privileges (Extension) Act, hereinafter referred to as the Act, it is enacted that the provisions of the Act shall apply to any organisation declared by notice in the Federal Gazette to be an organisation of which the Federal Government of Nigeria and the government or governments of one or more foreign sovereign powers are members:

NOW THEREFORE, by virtue and in exercise of the powers in this behalf by the aforesaid Act conferred, notice is hereby given as follows‐

The under‐mentioned organisations are organisations of which the Federal Government of Nigeria and the governments of foreign sovereign powers are members‐

1. The Food and Agriculture Organisation.

2. The United Nations Educational, Scientific, and Cultural Organisation.

3. The International Refugee Organisation.

4. The World Health Organisation.

5. The International Civil Aviation Organisation.

6. The International Labour Organisation.

 

DIPLOMATIC PRIVILEGES (UNICEF) DECLARATION OF APPLICATION NOTICE

[L.N. 122 of 1955.]

under section 2

WHEREAS by section 2 of the Diplomatic Privileges (Extension) Act, hereinafter referred to as the Act, it is enacted that the provisions of the Act shall apply to any organisation declared by notice in the Federal Gazette to be an organisation of which the Federal Government of Nigeria and the government or governments of one or more foreign sovereign powers are members.

NOW THEREFORE, by virtue and in exercise of the powers in this behalf by the Act, conferred, notice is hereby given that the United Nations Children’s Fund is an organisation of which the Federal Government of Nigeria and the governments of foreign sovereign powers are members.

 

DIPLOMATIC PRIVILEGES (WORLD METEOROLOGICAL ORGANISATION) ORDER

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Short title.

2. International membership.

3. Body corporate.

4. Archives and premises.

5. Taxes and rates.

6. Customs duties.

7. Control of imports and exports.

8. Telegraphic services.

9. Privileges of representatives.

10. Secretary‐General and acting Secretary‐General.

11. Other officials.

12. List to be published.

DIPLOMATIC PRIVILEGES (WORLD METEOROLOGICAL ORGANISATION) ORDER

[L.N. 68 of 1956.]

under section 3 (1)

1. Short title

This Order may be cited as the Diplomatic Privileges (World Meteorological Organisation) Order.

A. The Organisation

 

2. International membership

The World Meteorological Organisation (hereinafter referred to as “the Organisation”) is an organisation of which Nigeria and foreign sovereign powers are members.

3. Body corporate

The Organisation shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

4. Archives and premises

The Organisation shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign power accredited to Nigeria.

5. Taxes and rates

The Organisation shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods as is accorded to a foreign sovereign power.

6. Customs duties

The Organisation shall have exemption from taxes on the importation of goods directly imported by the Organisation for its official use in Nigeria or for exportation, or on the importation of any publications of the Organisation directly imported by it, such exemption to be subject to compliance with such conditions as the Director of Customs and Excise may prescribe for the protection of the revenue of Nigeria.

7. Control of imports and exports

The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Organisation for its official use and in the case of any publications of the Organisation directly imported or exported by it.

8. Telegraphic services

The Organisation shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside Nigeria), of any reduced rates applicable for the corresponding service in the case of press telegrams.

B. Representatives, other than representatives of the Federal Government of Nigeria, on organs or committees of the Organisation

 

9. Privileges of representatives

(1) Except in so far as in any particular case any privilege or immunity is waived by the governments whom they represent, representatives of members at the World Meteorological Congress, on the executive committee, at regional associations, on technical commissions, or on any committee of any of these bodies, shall enjoy‐

(a) while exercising their functions as such and during their journeys to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents;

(b) immunity from legal process of every kind in respect of words spoken or written and things done or omitted to be done by them in their capacity as representatives.

(2) Where the incidence of any form of taxation depends upon residence, representatives shall not be deemed to be resident in Nigeria during any period when they are present in Nigeria for the discharge of their duties.

(3) For the purposes of the application of this section, the expression “representatives” shall be deemed to include, in addition to the representatives, the following members of their official staff accompanying them as such representatives‐

(a) alternate representatives;

(b) advisers;

(c) technical experts;

(d) secretaries of delegations,

and the provisions of the Third Schedule to the Act shall not operate so as to confer privileges or immunities on the staff of representatives other than on those persons falling within the above‐ mentioned descriptions.

[Cap. D9. Third Schedule.]

(4) The provisions of sub‐paragraphs (1), (2) and (3) of this paragraph shall not confer any immunity or privilege on any person as the representative of the Federal Government of Nigeria or as a member of the staff of such representative or on any person who is a citizen of Nigeria.

C. High officials of the Organisation

10. Secretary‐General and acting Secretary‐General

 

Except in so far as in any particular case any privilege or immunity is waived by the Organisation, any officer of the Organisation holding the office of Secretary‐General (including any officer acting for him during his absence from duty) shall be accorded in respect of himself, his spouses and his children under the age of 21, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than income tax, as is accorded to an envoy of a foreign sovereign power accredited to Her Majesty, his spouse and children, and exemption from income tax in respect of emoluments received by him as an officer of the Organisation.

D. Other officials of the Organisation

11. Other officials

(1) Except in so far as in any particular case any privilege or immunity is waived by the Organisation, all officials of the Organisation of any category specified by it shall enjoy‐

(a) immunity from suit and legal process in respect of words spoken or written and all acts done or omitted to be done by them in the course of the performance of their official duties;

(b) exemption from income tax in respect of emoluments received by them as officers or servants of the Organisation.

E. General

12. List to be published

The names of the persons to whom the provisions of paragraphs 9 and 10 of this Order apply, shall be set forth in a list compiled and published from time to time by the Minister under section 11 (2) of the Act and such list shall show in regard to each person the date as from which, for the purposes of this Order, he first held the office or employment in question, and the date when he ceased to hold that office or employment.

 

DIPLOMATIC PRIVILEGES (UNIVERSAL POSTAL UNION) ORDER

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Short title.

2. International membership.

3. Body corporate.

 

4. Archives and premises.

5. Taxes and rates.

6. Customs duties.

7. Control of imports and exports.

8. Telegraphic services.

9. Privileges of representatives.

10. Director and acting Director.

11. Other officials.

12. List to be published.

 

DIPLOMATIC PRIVILEGES (UNIVERSAL POSTAL UNION) ORDER

[L.N. 69 of 1956.]

under section 3 (1)

1. Short title

This Order may be cited as the Diplomatic Privileges (Universal Postal Union) Order.

A. The Organisation

2. International membership

The International Postal Union (hereinafter referred to as “the Union”) is an organisation of which the United Kingdom and foreign sovereign powers are members.

3. Body corporate

The Union shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

4. Archives and premises

 

The Union shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign power accredited to Nigeria.

5. Taxes and rates

The Union shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

6. Customs duties

The Union shall have exemption from taxes on the importation of goods directly imported by the Union for its official use in Nigeria or for exportation, or on the importation of any publications of the Union directly imported by it, such exemption to be subject to compliance with such conditions as the Director of Customs and Excise may prescribe for the protection of the revenue of Nigeria.

7. Control of imports and exports

The Union shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Union for its official use and in the case of any publications of the Union directly imported or exported by it.

8. Telegraphic services

The Union shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside Nigeria), of any reduced rates applicable for the corresponding service in the case of press telegrams.

B. Representatives, other than representatives of the Federal Government of Nigeria, on organs or committees of the Union

9. Privileges of representatives

(1) Except in so far as in any particular case any privilege or immunity is waived by the governments whom they represent, representatives of members at Congresses, on the Executive and Liaison Committee, at administrative conferences or on commissions provided for in the constitution of the Union, or on any committee of any of these bodies, shall enjoy‐

(a) while exercising their functions as such and during their journeys to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents;

(b) immunity from legal process of every kind in respect of words spoken or written and things done or omitted to be done by them in their capacity as representatives.

 

(2) Where the incidence of any form of taxation depends upon residence, representatives shall not be deemed to be resident in Nigeria during any period when they are present in Nigeria for the discharge of their duties.

(3) For the purposes of the application of this paragraph, the expression “representatives” shall be deemed to include, in addition to the representatives, the following members of their official staff ‐ accompanying them as such representatives‐

(a) alternate representatives;

(b) advisers;

(c) technical experts;

(d) secretaries of delegations,

and the provisions of the Third Schedule to the Act shall not operate so as to confer privileges or immunities on the staff of representatives other than on those persons falling within the above‐ mentioned descriptions.

(4) The provisions of sub‐paragraphs (1), (2) and (3) of this paragraph shall not confer any immunity or privilege on any person as the representative of the Federal Government of Nigeria or as a member of the staff of such representative or on any person who is a citizen of Nigeria.

C. High officials of the Union

10. Director and acting Director

Except in so far as in any particular case any privilege or immunity is waived by the Union, the Director of the International Bureau of the Union (including any officer acting for him during his absence from duty) shall be accorded, in respect of himself, his spouse and his children under the age of 21, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than income tax, as is accorded to an envoy of a foreign sovereign Power accredited to Nigeria, his spouse and children, and exemption from income tax in respect of emoluments received by him as an officer of the Union.

D. Other officials of the Union

11. Other officials

Except in so far as in any particular case any privilege or immunity is waived by the Union, officials of the Union of any category specified by it shall enjoy‐

(a) immunity from suit and legal process in respect of words spoken or written and things done or omitted to be done by them in the course of the performance of their official duties;

 

(b) exemption from income tax in respect of emoluments received by them as officers or servants of the Union.

E. General

12. List to be published

The names of the persons to whom the provisions of paragraphs 9 and 10 of this Order apply, shall be set forth in a list compiled and published from time to time under section 11 (2) of the Act and such list shall show in regard to each person the date as from which, for the purposes of this Order, he first held the office or employment in question and the date when he ceased to hold that office or employment.

DIPLOMATIC PRIVILEGES (INTERNATIONAL TELECOMMUNICATION) ORDER

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Short title.

2. International membership.

3. Body corporate.

4. Archives and premises.

5. Taxes and rates.

6. Customs duties.

7. Control of imports and exports.

8. Telegraphic services.

9. Privileges of representatives.

10. Secretary‐General and acting Secretary‐General.

11. Other officials.

12. List to be published.

 

DIPLOMATIC PRIVILEGES (INTERNATIONAL TELECOMMUNICATION) ORDER

[L.N. 70 of 1956.]

under section 3 (1)

1. Short title

This Order may be cited as the Diplomatic Privileges (International Telecommunication Union)

Order.

A. The Organisation

2. International membership

The International Telecommunication Union (hereinafter referred to as “the Union”) IS an organisation of which Nigeria and foreign sovereign powers are members.

3. Body corporate

The Union shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

4. Archives and premises

The Union shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign power accredited to Nigeria.

5. Taxes and rates

The Union shall have the like exemption or relief from taxes and rates, other than taxes on the importation of goods, as is accorded to a foreign sovereign power.

6. Customs duties

The Union shall have exemption from taxes on the importation of goods directly imported by the Union for its official use in Nigeria or for exportation, or on the importation of any publications of

 

the Union directly imported by it, such exemption to be subject to compliance with such conditions as the Director of Customs and Excise may prescribe for the protection of the revenue of Nigeria.

7. Control of imports and exports

The Union shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Union for its official use and in the case of any publications of the Union directly imported or exported by it.

8. Telegraphic services

The Union shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside Nigeria), of any reduced rates applicable for the corresponding service in the case of press telegrams.

B. Representatives, other than representatives of the Federal Government of Nigeria, on organs or committees of the Union

9. Privileges of representatives

(1) Except in so far as in any particular case any privilege or immunity is waived by the governments whom they represent, representatives of member governments at plenipotentiary and administrative conferences, on the administrative council, on consultative committees or on any committee of any of these bodies shall enjoy‐

(a) while exercising their functions as such and during their journeys to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents;

(b) immunity from legal process of every kind in respect of words spoken or written and things done or omitted to be done by them in their capacity as representatives.

(2) Where the incidence of any form of taxation depends upon residence, representatives shall not be deemed to be resident in Nigeria during any period when they are present in Nigeria for the discharge of their duties.

(3) For the purposes of the application of this paragraph, the expression “representatives” shall be deemed to include, in addition to the representatives, the following members of their official staff accompanying them as such representatives‐

(a) alternate representatives;

(b) advisers;

(c) technical experts;

 

(d) secretaries of delegations,

and the provision of the Third Schedule to the Act shall not operate so as to confer privileges or immunities on the staff of representatives other than on those persons falling within the above‐ mentioned descriptions.

[Cap. D9. Third Schedule.]

(4) The provisions of sub‐paragraphs (1), (2) and (3) of this paragraph shall not confer any immunity or privilege on any person as the representative of the Federal Government of Nigeria or as a member of the staff of such representative on any person who is a citizen of Nigeria.

C. High officials of the Union

10. Secretary‐General and acting Secretary‐General

Except in so far as in any particular case any privilege or immunity is waived by the Union, any officer of the Union holding the office of Secretary‐General (including any officer acting for him during his absence from duty) shall be accorded in respect of himself, his spouse and his children under the age of 21, the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes, other than income tax, as is accorded to an envoy of a foreign sovereign Power accredited to Nigeria, his spouse and children, and exemption from income tax in respect of emoluments received by him as an officer of the Union.

D. Other officials of the Union

11. Other officials

Except in so far as in any particular case any privilege or immunity is waived by the Union, officials of the Union of any category specified by it shall enjoy‐

(a) immunity from suit and legal process in respect of words spoken or written and things done or omitted to be done by them in the course of the performance of their official duties;

(b) exemption from income tax in respect of emoluments received by them as officers or servants of the Union.

E. General

12. List to be published

The names of the persons to whom the provisions of paragraphs 8 and 9 of this Order apply, shall be set forth in a list compiled and published from time to time by the Minister under section 11 (2) of the Act, and such list shall show in regard to each person the date as from which, for the purposes of this Order, he first held the office or employment in question, and the date when he ceased to hold that office or employment.

 

DIPLOMATIC IMMUNITIES AND PRIVILEGES (AFRICAN DEVELOPMENT BANK) ORDER

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Short title.

2. International membership.

3. Body corporate.

4. Archives, premises and assets.

5. Taxes and rates.

6. Customs duties.

7. Control of imports and exports.

8. Telegraphic services.

9. Privileges of governors, directors, alternates, etc.

10. Experts on missions.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (AFRICAN DEVELOPMENT BANK) ORDER

[L.N. 81 of 1966.]

under section 11

[19th September, 1966]

[Commencement.]

1. Short title

This Order may be cited as the Diplomatic Immunities and Privileges (African Development Bank) Order.

 

A. The Bank

2. International membership

The African Development Bank (hereinafter referred to as “the Bank”) is an organisation of which Nigeria and foreign sovereign powers are members.

3. Body corporate

(1) The Bank shall have the legal capacities of a body corporate and in particular shall have full capacity to contract, to acquire and dispose of movable and immovable property and to institute legal proceedings.

(2) Except in so far as in any particular case the Bank may expressly waive its immunity, the Bank shall enjoy immunity from suit and legal process. No waiver of immunity shall be deemed to extend to any measure of execution.

4. Archives, premises and assets

The Bank shall have the like inviolability of official archives, premises occupied as offices and assets as is accorded in respect of official archives, premises and assets of an envoy of a foreign sovereign power accredited to Nigeria.

5. Taxes and rates

The Bank shall have the like exemption from taxes and rates, other than taxes on the importation of goods as is accorded to a foreign sovereign power.

6. Customs duties

The Bank shall have exemption from taxes on the importation of goods directly imported by the Bank for its official use in Nigeria or for exportation, or on the importation of any publication of the Bank directly imported by it, subject to compliance with such conditions as the National Council of Ministers may prescribe for the protection of the revenue of Nigeria.

7. Control of imports and exports

The Bank shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods directly imported or exported by the Bank for its official use and in the case of any publication of the Bank directly imported or exported by it.

8. Telegraphic services

The Bank shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside Nigeria), of any reduced rate applicable for the corresponding service in the case of press telegrams.

 

B. Governors, directors, alternates, officers and employees of the Bank

9. Privileges of governors, directors, alternates, etc.

(1) Except in so far as in any particular case any immunity or privilege is waived by the board of directors, acting on behalf of the Bank, all governors, directors, alternates, officers and employees of the Bank shall enjoy‐

(a) immunity from suit in respect of words spoken or written and all acts done by them in the course of the performance of their official duties;

(b) exemption from income tax in respect of salaries and emoluments received by them as officers or servants of the Bank;

(c) exemption from immigration restriction and alien registration requirements;

(d) exemption from taxes on the importation of furniture and effects imported at the time of first taking up post in Nigeria, subject to compliance with such conditions as the President may prescribe for the protection of the revenue of Nigeria:

Provided that if a governor, director, alternate, officer or employee of the Bank is a citizen of Nigeria, he shall not enjoy any immunity under sub‐paragraph (d) of this paragraph.

C. Experts on missions

10. Experts on missions

Except in so far as in any particular case any immunity or privilege is waived by the board of directors, acting on behalf of the Bank, any expert employed on a mission on behalf of the Bank shall enjoy‐

(a) in respect of words spoken or written and all acts done by him in the course of the performance of official duties, the like immunity from legal process as is accorded to an envoy of a foreign sovereign power accredited to Nigeria;

(b) while present in Nigeria for the discharge of his duties, the like immunity from personal arrest or detention and from seizure of his personal baggage as is accorded to an envoy of a foreign sovereign power accredited to Nigeria;

(c) while present in Nigeria for the discharge of his duties, the like inviolability for all papers and documents relating to the work on which he is engaged for the Bank as is accorded to an envoy of a foreign sovereign power accredited to Nigeria:

Provided that if any such expert is a citizen of Nigeria he shall not enjoy any immunity under sub‐paragraph (b) of this paragraph.

 

DIPLOMATIC IMMUNITIES AND PRIVILEGES (AFRICAN GROUNDNUT COUNCIL) ORDER ARRANGEMENT OF PARAGRAPHS

PARAGRAPHS

1. International membership.

2. Legal capacity.

3. Inviolability of archives, etc.

4. Exemptions.

5. Telegraphic facilities.

6. Immunities, etc., of representative members at meetings of Council.

7. Privileges etc., of executive secretary and his deputy, etc.

8. Immunities of persons engaged on missions.

9. Immunities of certain employees.

10. Conference lists.

11. Power to amend lists where equal privileges not available to Nigerian members, etc.

12. First arrival privileges.

13. Short, title, repeal, and interpretation.

 

DIPLOMATIC IMMUNITIES AND PRIVILEGES (AFRICAN GROUND NUT COUNCIL) ORDER

[L.N. 21 of 1969.]

under section 11

[22nd January, 1969]

[Commencement. ]

A. The Council

1. International membership

The African Groundnut Council (in this Order hereafter referred to as “the Council”) IS an organisation of which Nigeria and foreign sovereign powers are members.

2. Legal capacity

The Council shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process; but no waiver of immunity shall be deemed to extend to any measure of execution.

3. Inviolability of archives, etc.

The Council shall have the inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign power accredited to the Federal Government.

4. Exemptions

(1) The Council shall have the like exemption or relief from taxes and rates (other than taxes on the importation of goods) and from exemption from exchange control, as is accorded to a foreign sovereign power.

(2) The Council shall have exemption from taxes on the importation of goods and equipment directly imported by the Council for its official use in Nigeria or for exportation, or on the importation of any publications of the Council directly imported by it, such exemption to be subject to compliance with such conditions as may be prescribed for the protection of public health, of the revenue, the prevention of disease in plants and animals and otherwise in the public interest.

(3) The Council shall have exemption from prohibitions and restrictions on importation or exportation, in the case of goods directly imported or exported by the Council for its official use, and in the case of any publication of the Council directly imported or exported by it.

5. Telegraphic facilities

The Council shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside Nigeria) of any reduced rates applicable for the corresponding service in the case of press telegrams.

B. Representatives of members of the Council

 

6. Immunities, etc., of representative members at meetings of Council

(1) Except in so far as in any particular case any privilege or immunity is waived by the member governments whom they represent, representatives of member governments at meetings in Nigeria of the Council (not being Nigerians) shall enjoy‐

(a) while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

(c) while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to the Federal Government, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in Nigeria during any period when they are present in Nigeria whilst exercising their functions or during their journey to and from the place of meeting.

(2) For the purpose of this paragraph, the expression “representatives of member governments” shall be deemed to include their official staff accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

C. High officials of the Council

7. Privileges, etc., of executive secretary and his deputy

(1) Subject to this paragraph and except in so far as in any particular case any privilege or immunity is waived by the Council, the executive secretary of the Council shall be accorded in respect of himself his spouse and children under the age of 21, the like immunity from suit and legal process, the like inviolability of residence and as from time to time agreed with the Minister of External Affairs such exemption or relief from taxes as, but for this provision, would be accorded to an envoy of a foreign sovereign power accredited to the Federal Government, his spouse and children, including exemption from income tax in respect of emoluments received by him as an officer of the Council.

(2) The provisions of sub‐paragraph (1) of this paragraph shall apply to the deputy executive secretary as they apply to the executive secretary; and he, his spouse and non‐aged children shall to the like extent be exempted accordingly.

(3) Nothing in this paragraph shall operate to exempt any such office holder, his wife or non‐ aged children if the office holder is a Nigerian.

 

D. Persons employed on missions on behalf of the Council

8. Immunities of persons engaged on missions

Except in so far as in any particular case any privilege or immunity is waived by the Council, persons in Nigeria employed on missions on behalf of the Council shall enjoy‐

(a) while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage, and inviolability of all papers and documents relating to the work of the Council;

(b) immunity, from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of these functions, and such immunity shall continue notwithstanding that the persons concerned are no longer employed on missions on behalf of the Council.

9. Immunities of certain employees

(1) Except in so far as in any particular case any privilege or immunity is waived by the Council, officials of the Council (other than those referred to in paragraph 7 of this Order or officials engaged locally and remunerated by payment calculated on the number of hours worked) shall enjoy‐

(a) immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties (not being traffic offences or damage caused by motor vehicles); and

(b) exemption from income tax in respect of emoluments received by them as officers or servants of the Council.

(2) Nothing in this paragraph shall be construed as entitling any person to enjoy any such immunity or exemption if he is a Nigerian.

F. Miscellaneous

10. Conference lists

(1) Where a conference is held in Nigeria and is attended by representatives of the foreign sovereign powers forming the Council, the Minister of External Affairs may compile a list of representatives of the foreign sovereign powers aforesaid attending the conference and members of the official staff, and cause that list to be published in the Federal Gazette; and every representative aforesaid who is for the time being included in the list shall, for the purposes of this paragraph, be treated as if he were a foreign envoy and, subject to the provisions of this section, such of the members of his official staff as are for the time being included in the list shall be treated for the purpose aforesaid as if they were his retinue.

 

(2) Whenever it appears to the Minister that any person ceases or begins to be qualified for inclusion in a list compiled under sub‐paragraph (1) of this paragraph, he may amend the list and cause a notice of the amendment or, if he thinks fit, an amended list to be published in the Federal Gazette.

(3) Every list or notice published under this paragraph in relation to any conference shall include a statement of the date from which the list or amendment takes or took effect.

(4) A person who is a member of the official staff of a representative of the foreign sovereign powers forming the Council and is a citizen of Nigeria and is not a national of one of the foreign sovereign powers aforesaid, shall not be entitled under the foregoing provisions of this paragraph to any immunity except in respect of things done or omitted to be done in the course of the performance of his duties, and the name of a person whose immunity is limited by this sub‐paragraph shall be entered in a separate part of any list compiled by the Minister aforesaid under sub‐paragraph (1) of this paragraph.

11. Power to amend lists where equal privileges not available to Nigerian members, etc.

Where it appears to the Minister that any personal immunities conferred by law on a foreign envoy, the members of the families of any such envoy, members of his official or domestic staff, and the members of the families of his official staff, or on persons coming under paragraph 10 of this Order, exceed in any respect those accorded in the territory of the foreign sovereign power concerned to Nigerian representatives attending a conference of the Council, the Minister may, by order withdraw those personal immunities in the case of that sovereign power to such extent and in respect of such classes of persons as appear to the Minister to be proper.

12. First arrival privileges

The staff of the Council shall, if not citizens of Nigeria, be entitled to first arrival privileges only.

13. Short title, repeal and interpretation

(1) This Order may be cited as the Diplomatic Immunities and Privileges (African Groundnut Council) Order.

(2) This Order is in substitution for the Diplomatic Immunities and Privileges (African Groundnut Council) Order 1966 and that order accordingly is hereby revoked.

(3) In this Order, “the Minister” means the Minister of External Affairs.


DIPLOMATIC IMMUNITIES AND PRIVILEGES (COCOA PRODUCERS’ ALLIANCE) ORDER ARRANGEMENT OF PARAGRAPHS

 

PARAGRAPH

1. International membership.

2. Legal capacity.

3. Inviolability of archives, etc.

4. Exemptions.

5. Telegraphic facilities.

6. Immunities, etc. of representative member at meetings of the Alliance.

7. Privileges, etc. of executive secretary and his deputy, etc.

8. Immunities of persons engaged on missions.

9. Immunities of certain employees.

10. Conference lists.

11. Power to amend lists where equal privileges not available to Nigerian members, etc.

12. First arrival privileges.

13. Short title, repeal and interpretation.

 

DIPLOMATIC IMMUNITIES AND PRIVILEGES (COCOA PRODUCERS’ ALLIANCE) ORDER

[L.N. 22 of 1969.]

under section 11

[22nd January, 1969]

[Commencement. ]

A. The Alliance

1. International membership

 

The Cocoa Producers’ Alliance (in this Order referred to as “the Alliance”) is an organisation of which Nigeria and foreign sovereign powers are members.

2. Legal capacity

The Alliance shall have the legal capacities of a body corporate and, except in so far as in any particular case it has expressly waived its immunity, immunity from suit and legal process; but no waiver of immunity shall be deemed to extend to any measure of execution.

3. Inviolability of archives, etc.

The Alliance shall have the like inviolability of official archives and premises occupied as offices as is accorded in respect of official archives and premises of an envoy of a foreign sovereign Power accredited to the Federal Government.

4. Exemptions

(1) The Alliance shall have the like exemption or relief from taxes and rates, (other than taxes on the importation of goods) and from exemption from exchange control, as is accorded to a foreign sovereign Power.

(2) The Alliance shall have exemption from taxes on the importation of goods and equipment directly imported by the Alliance for its official use in Nigeria or for exportation, or on the importation of any publications of the Alliance directly imported by it, such exemption to be subject to compliance with such conditions as may be prescribed for the protection of public health, of the revenue, the prevention of diseases in plants and animals and otherwise in the public interest.

(3) The Alliance shall have exemption from prohibitions and restrictions on importation or exportation, in the case of goods directly imported or exported by the Alliance for its official use, and in the case of any publication of the Alliance directly imported or exported by it.

5. Telegraphic facilities

The Alliance shall have the right to avail itself, for telegraphic communications sent by it and containing only matter intended for publication by the press or for broadcasting (including communications addressed to or despatched from places outside Nigeria) of any reduced rates applicable for the corresponding services in the case of press telegrams.

B. Representatives of members of the Alliance

6. Immunities, etc., of representative member at meetings of Alliance

(1) Except in so far as in any particular case any privilege or immunity is waived by the member governments whom they represent, representatives of member governments at meetings in Nigeria of the Alliance (not being Nigerians) shall enjoy‐

 

(a) while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives;

(c) while exercising their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an envoy of a foreign sovereign power accredited to the Federal Government, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in Nigeria during any period when they are present in Nigeria whilst exercising their functions or during their journey to and from the place of meeting.

(2) For the purpose of this paragraph, the expression “representatives of member governments” shall be deemed to include their official staffs accompanying them as such representatives, as delegates, deputy delegates, advisers, technical experts or secretaries of delegations.

C. High officials of the Alliance

7. Privileges, etc., of executive secretary and his deputy, etc.

(1) Subject to this paragraph and except in so far as in any particular case any privilege or immunity is waived by the Alliance, the executive secretary of the Alliance shall be accorded in respect of himself his spouse and children under the age of 21, the like immunity from suit and legal process, the like inviolability of residence and as from time to time agreed with the Minister of External Affairs such exemption or relief from taxes as, but for this provision, would be accorded to an envoy of a foreign sovereign power accredited to the Federal Government, his spouse and children, including exemption from income tax in respect of emoluments received by him as an officer of the Alliance.

(2) To the extent that the Articles or Rules of the Alliance provide for the deputy executive secretary to be French‐speaking if the executive secretary is English‐speaking and vice versa (but not ifthe business of the Alliance requires knowledge in both offices of one language only) the provisions of sub‐paragraph (1) of this paragraph shall apply to the deputy executive secretary as they apply to the executive secretary; and he, his spouse and nonaged children shall to the like extent be exempted accordingly.

(3) Nothing in this paragraph shall operate to exempt any such office holder, his wife or nonaged children if the office holder is a Nigerian.

D. Persons employed on missions on behalf of the Alliance

 

8. Immunities of persons engaged on missions

(1) Except in so far as in any particular case any privilege or immunity is waived by the Alliance, persons in Nigeria employed on missions on behalf of the Alliance shall enjoy‐

(a) while exercising their functions as such, and during their journey to and from the place of meeting, immunity from personal arrest or detention and from seizure of their personal baggage, and inviolability of all papers and documents relating to the work of the Alliance;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of these functions, and such immunity shall continue notwithstanding that the persons concerned are no longer employed on missions on behalf of the Alliance.

E. Other officials of the Alliance

9. Immunities of certain employees

(1) Except in so far as in any particular case any privilege or immunity is waived by the Alliance, officials of the Alliance (other than those referred to in paragraph 7 of this Order or officials engaged locally and remunerated by payment calculated on the number of hours worked) shall enjoy‐

(a) immunity from suit and legal process in respect of words spoken or written and all acts done by them in the course of the performance of their official duties (not being traffic offences or damage caused by motor vehicles); and

(b) exemption from income tax in respect of emoluments received by them as officers or servants of the Alliance.

(2) Nothing in this section shall be construed as entitling any person to enjoy any such immunity or exemption if he is a Nigerian.

F. Miscellaneous

10. Conference lists

(1) Where a conference is held in Nigeria and is attended by representatives of the foreign sovereign powers forming the Alliance, the Minister of External Affairs may compile a list of representatives of the foreign sovereign powers aforesaid attending the conference and members of their official staffs, and cause that list to be published in the Federal Gazette; and every representative aforesaid who is for the time being included in the list shall, for the purposes of this Order, be treated as if he were a foreign envoy and, subject to the provisions of this paragraph, such of the members of his

 

official staff as are for the time being included in the list shall be treated for the purpose aforesaid as if they were his retinue.

(2) Whenever it appears to the Minister that any person ceases or begins to be qualified for inclusion in a list compiled under sub‐paragraph (1) of this paragraph, he may amend the list and cause a notice of the amendment or, if he thinks fit, an amended list to be published in the Federal Gazette.

(3) Every list or notice published under this section in relation to any conference shall include a statement of the date from which the list or amendment takes or took effect.

(4) A person who is a member of the official staff of a representative of the foreign sovereign powers forming the Alliance and is a citizen of Nigeria and is not a national of one of the foreign sovereign powers aforesaid, shall not be entitled under the foregoing provisions of this paragraph to any immunity except in respect of things done or omitted to be done in the course of the performance of his duties, and the name of a person whose immunity is limited by this sub‐paragraph shall be entered in a separate part of any list compiled by the Minister aforesaid under sub‐paragraph (1) of this paragraph.

11. Power to amend lists where equal privileges not available to Nigerian members, etc.

Where it appears to the Minister that any personal immunities conferred by law on a foreign envoy, the members of the families of any such envoy, members of his official or domestic staff, and the members of the families of his official staff, or on persons coming under paragraph 10 of this Order, exceed in any respect those accorded in the territory of the foreign sovereign power concerned to Nigerian representatives attending a conference of the Alliance, the Minister may, by Order withdraw those personal immunities in the case of that foreign sovereign power to such extent and in respect of such classes of persons as appear to the Minister to be proper.

12. First arrival privileges

The staff of the Alliance shall, if not citizens of Nigeria, be entitled to first arrival privileges only.

13. Short title, repeal and interpretation

(1) This Order may be cited as the Diplomatic Immunities and Privileges (Cocoa Producers’ Alliance) Order.

(2) This Order is in substitution for the Diplomatic Immunities and Privileges (Cocoa Producers’ Alliance) Order and that Order accordingly is hereby revoked.

(3) In this Order, “the Minister” means the Minister of Foreign Affairs.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (WEST AFRICAN HEALTH COMMUNITY) ORDER

 

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. International membership.

2. Legal capacity.

3. Exemption from search, etc.

4. Exemption from certain taxes, rates and customs duties.

5. Immunity and privileges of the executive director.

6. Personal immunities of representatives.

7. Short title.

 

DIPLOMATIC IMMUNITIES AND PRIVILEGES (WEST AFRICAN HEALTH COMMUNITY) ORDER

[L.N. of 1978.]

under section 11

[16th October, 1978]

[Commencement.]

Diplomatic immunity conferred on the Community

1. International membership

The West African Health Community (in this Order referred to as “the Community”) is an organisation of which Nigeria and other foreign sovereign powers are members.

2. Legal capacity

The Community shall have the legal capacities of a body corporate.

3. Exemption from search, etc.

(1) All the properties, archives and assets of the Community shall be exempt from search, requisition and confiscation.

 

(2) Notwithstanding the provision of sub‐paragraph (1) of this paragraph, all properties, archives and assets of the Community shall for the purposes of public safety and public order be subject to the laws of Nigeria.

4. Exemption from certain taxes, rates and customs duties

(1) The offices and properties of the Community shall be exempted from levies in respect of certain non‐beneficial portions of rates and taxes, that is to say, property rates based on rateable value of the property and other municipal taxes normally payable by property owners but which are not charges levied for specific services rendered.

(2) All goods which are imported or exported by the Community and which are necessary for the proper performance of its activities, shall be exempt from all customs duties and other charges excepting payments for services rendered, and for the sole purpose of servicing its conferences and similar programmes, the Community shall be allowed to import duty‐free reasonable quantities of drinks and tobacco.

High officials of the Community

5. Immunity and privileges of the executive director

(1) The executive director of the Community, except in so far as in any particular case the immunity is waived by the Community, shall enjoy personal immunity for acts performed in pursuance of his duties as the chief executive or the administrative head of the Community.

(2) Without prejudice to the provision of paragraph 5 of this Order, where the executive director is not a citizen of Nigeria, he shall enjoy the following privileges, that is to say‐

(a) exemption from import duty in respect of articles imported, including duty‐free purchase of a motor vehicle;

(b) exemption from income tax in respect of emoluments received by him as an employee of the Community; and

(c) exemption from payment of customs duty for a limited quantity and assortment of drinks and tobacco for official entertainment.

6. Personal immunities of representatives

(1) Except in so far as in any particular case any privilege or immunity is waived by the member governments whom they represent, representatives of member governments at meetings or conferences in Nigeria of the Community (not being Nigerians) shall enjoy‐

(a) while performing their functions as such, and during their journey to and from the place of the meeting, immunity from personal arrest or detention and from seizure of their

 

personal baggage and inviolability of all papers and documents relating to the functions of the Community;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in their capacity as representatives; and

(c) while performing their functions and during their journey to and from the place of meeting, the like exemption or relief from taxes as is accorded to an international organisation recognised by the Federal Government, save that the relief allowed shall not include relief from customs and excise duties except in respect of goods imported as part of their personal baggage. They shall not, where the incidence of any form of taxation depends upon residence, be deemed to be resident in Nigeria during any period when they are present in Nigeria whilst performing their functions or during their journey to and from the place of meeting.

(2) For the purposes of this paragraph the expression “representatives of member governments” shall be deemed to include their official staff accompanying them as such representatives, delegates, deputy delegates, advisers, technical experts or secretaries of delegation.

7. Short title

This Order may be cited as the Diplomatic Immunities and Privileges (West African Health Community) Order.

 

DIPLOMATIC IMMUNITIES AND PRIVILEGES (REGIONAL CENTRE FOR TRAINING IN AERIAL SURVEYS) ORDER

ARRANGEMENT OF PARAGRAPHS

PARAGRAPHS

1. Establishment of Regional Centre for Training in Aerial Surveys in Nigeria.

2. Legal capacity.

3. Exemption from search, etc.

4. Exemption from certain taxes, rates and customs duties.

 

5. Immunity and privileges of the executive director.

6. Immunities of persons engaged.

7. Short title.

 

DIPLOMATIC IMMUNITIES AND PRIVILEGES (REGIONAL CENTRE FOR TRAINING IN AERIAL SURVEYS) ORDER

[S.1. 55 of 1983.]

under section 11

[20th December, 1983]

[Commencement. ]

Diplomatic Immunity Conferred on the Centre

1. Establishment of Regional Centre for Training in Aerial Surveys in Nigeria

The Regional Centre for Training in Aerial Surveys (in this Order referred to as “the Centre”) is hereby established in Nigeria for the purpose of its objectives as spelt out in its constitution.

2. Legal capacity

The Centre shall have the legal capacities of a body corporate.

3. Exemption from search, etc.

(1) All the properties, archives and assets of the Centre shall be exempted from search, requisition and confiscation.

(2) Notwithstanding the provision of sub‐paragraph (1) of this paragraph, all properties, archives and assets of the Centre shall for the purposes of public safety and public order be subject to the laws of Nigeria.

4. Exemption from certain taxes, rates and customs duties

(1) The offices and properties of the Centre shall be exempted from levies in respect of certain non‐beneficial portions of rates and taxes, that is to say, property rates based on rateable value of the property and other municipal taxes normally payable by property owners but which are not charges levied for specific services rendered.

 

(2) All goods which are imported or exported by the Centre and which are necessary for the proper performance of its activities, shall be exempted from all customs duties and other charges excepting payments for services rendered; and for the sole purpose of servicing its conferences and similar programmes, the Centre shall be allowed to import duty‐free reasonable quantities of drinks and tobacco.

Officials of the Centre

5. Immunity and privileges of the executive director

(1) The executive director of the Centre, except in so far as in any particular case the immunity is waived by the Centre, shall enjoy personal immunity for acts performed in pursuance of his duties as the chief executive or the administrative head of the Centre.

(2) Without prejudice to the provisions of sub‐paragraph (1) of this paragraph, where the executive director is not a citizen of Nigeria, he shall enjoy the following privileges, that is to say‐

(a) exemption from import duty in respect of articles imported, including duty‐free purchase of a motor vehicle;

(b) exemption from income tax in respect of emoluments received by him as an employee of the Centre; and

(c) exemption from payment of customs duties for a limited quantity and assortment of drinks and tobacco for official entertainment.

6. Immunities of persons engaged

(1) Except in so far as in any particular case any privilege or immunity is waived by the Centre, officials of the Centre shall enjoy‐

(a) while exercising their functions as such, and during any journey to and from the Centre, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Centre; and

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of these functions.

(2) Nothing in this paragraph shall be construed as entitling any person to enjoy any such immunity or exemption if he is a Nigerian, a permanent foreign resident of Nigeria or a locally recruited staff.

7. Short title

This Order may be cited as the Diplomatic Immunities and Privileges (Regional Centre for Training in Aerial Surveys) Order.

 

IMMUNITIES AND PRIVILEGES (INTERNATIONAL FINANCE CORPORATION) ORDER

[S.1. 10 OF 1988.]

under section 5 (2)

[28th June, 1988]

[Commencement. ]

Immunity conferred on the Corporation

1. Establishment of the International Finance Corporation

The International Finance Corporation (in this Order referred to as “the Corporation”) is hereby established in Nigeria for the purpose of its objectives as set out in its Articles of Agreement.

2. Legal capacity

The Corporation shall have the legal capacities of a body corporate.

3. Exemption from search, etc.

(1) All the properties, archives and assets of the Corporation shall be exempt from search, seizure, requisition and confiscation.

(2) Notwithstanding the provisions of subsection (1) of this section, all properties, archives and assets of the Corporation shall for the purpose of public safety and public order be subject to the laws of Nigeria.

4. Exemption from certain taxes, rate and customs duties

(1) The Corporation, its assets, properties, income, operations and transactions authorised by its Articles of Agreement, shall be immune from taxation, custom duties and from liability for the collection or payment of any tax or duty.

(2) The offices and properties of the Corporation shall be exempted from levies in respect of certain non‐beneficial rates and taxes, that is to say, property rates based on rateable value of the property and other municipal taxes normally payable by property owners but which are not charges levied for specific services rendered.

(3) All goods which are imported or exported by the Corporation and which are necessary for the proper performance of its activities shall be exempted from all custom’s duties and other charges excepting payments for services rendered, and for the sole purpose of servicing its conferences and similar programmes, the Corporation shall be allowed to import duty free, reasonable quantities of drinks and tobacco.

 

(4) The Corporation shall have exemption from taxes on the importation of telecommunication systems and transmission equipment directly imported for its exclusive official use in Nigeria or on the importation of official correspondence, publications, documents, still and moving pictures, films and sound recorders directly imported by the Corporation, such exemption to be subject to compliance with the laws and regulations of Nigeria.

The high officials of the Corporation

5. Immunities and privileges of the resident representative

(1) The resident representative of the Corporation, except in so far as in any particular case the immunity is waived by the Corporation, shall enjoy personal immunity for acts performed in pursuance of his duties as the chief executive or the administrative head of the Corporation.

(2) Without prejudice to the provisions of subsection (1) of this section, where the resident representative is not a citizen of Nigeria, he shall enjoy the following privileges, that is to say‐

(a) exemption from import duty in respect of articles imported including duty free purchase of a motor vehicle;

(b) exemption from income tax in respect of emoluments received by him as an employee of the Corporation; and

(c) exemption from payment of customs duty for a limited quantity and assortment of drinks and tobacco for official entertainment.

6. Privileges, etc., of resident representative and his deputy, etc.

(1) Subject to this section and except in so far as in any particular case any privilege or immunity is waived by the Corporation, the resident representative of the Corporation shall be accorded in respect of himself, the deputy resident representative, his spouse and children under the age of twenty‐ one, the like immunity from suit and legal process, the like inviolability of residence and, as from time to time agreed with the Ministry of External Affairs, such exemption or relief from taxes as, but for this provision, would be accorded to an envoy of a foreign sovereign power credited to the Federal Government.

(2) The provisions of subsection (1) of this section shall not apply to domestic servants.

7. Immunities of persons engaged

(1) Except in so far as in any particular case any privilege of immunity is waived by the Corporation, officials of the Corporation shall enjoy‐

(a) while exercising their functions as such and during any journey to and from the Corporation, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all the work of the Corporation;

 

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in the exercise of their functions (not being offences or damage caused by motor vehicles); and

(c) exemption from income tax in respect of emoluments received by them as officers or servants of the Corporation.

(2) Nothing in this section shall be construed as entitling any person to enjoy any such immunity or exemption if he is a Nigerian, a permanent foreign resident of Nigeria or a locally recruited staff.

8. Short title

This Order may be cited as the Immunities and Privileges (International Finance Corporation)

Order.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (INTERNATIONAL CROPS RESEARCH INSTITUTE FOR THE SEMI‐ARID TROPICS) ORDER ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Establishment of International Crops Research Institute for the Semi‐Arid Tropics.

2. Legal capacity.

3. Exemption from search, etc.

4. Exemption from certain taxes, rates and customs duties.

5. Immunities and privileges of the regional representative, etc.

6. Immunities of persons engaged.

7. Short title.

Diplomatic Immunity conferred on the Institute

1. Establishment of International Crops Research Institute for the Semi‐Arid Tropics

The International Crops Research Institute for the Semi‐Arid Tropics (hereinafter in this Order referred to as “the Institute”) is hereby established in Nigeria for the purpose of its objectives as spelt out in its Headquarters Agreement.

2. Legal capacity

 

The Institute shall have the legal capacities of a body corporate.

3. Exemption from search, etc.

(1) All the properties, archives and assets of the Institute shall be exempt from search, requisition and confiscation.

(2) Notwithstanding the provisions of sub‐paragraph (1) of this paragraph, all properties, archives and assets of the Institute shall, for the purpose of public safety and public order, be subject to the laws of Nigeria.

4. Exemption from certain taxes, rates and customs duties

(1) The offices and properties of the Institute shall be exempted from levies in respect of certain non‐beneficial rates and taxes, that is to say property and other municipal taxes normally payable by property owners but which are not charges levied for specific services rendered.

(2) All goods which are imported or exported by the Institute and which are necessary for the proper performance of its activities, shall be exempted from all customs duties and other charges excepting payments for services rendered; and for the sole purpose of servicing its conferences and similar programmes, the Institute shall be allowed to import free of customs duties reasonable quantities of drinks and tobacco.

(3) The Institute shall have exemption from taxes on the importation of scientific and biological materials directly imported by the Institute for its official use in Nigeria or for exportation, or on the importation of any publication of the Institute directly imported by it, such exemption to be subject to compliance with such conditions as may be prescribed for the protection of public health, the prevention of diseases in plants and animals and otherwise in the public interest.

(4) The Institute shall have exemption from prohibition and restriction on the publication and dissemination of economic data relating to Nigeria and such exemption shall be subject to the prior approval of the Federal Ministry of Agriculture.

5. Immunities and privileges of the regional representative, etc.

(1) The regional representative of the Institute, except in so far as in any particular case the immunity is waived by the Institute, shall enjoy personal immunities for acts performed in pursuance of his duties, etc. as chief executive of the Institute.

(2) Without prejudice to the provisions of sub‐paragraph (1) of this paragraph, where the regional representative is not a citizen of Nigeria, he shall enjoy the following privileges, that is to say‐

(a) exemption from import duty in respect of articles imported including duty free purchase of a motor vehicle;

 

(b) exemption from income tax in respect of emoluments received by him as an employee of the Institute; and

(c) exemption from payment of customs duties for a limited quantity and assortment of drinks and tobacco for official entertainment.

6. Immunities of persons engaged

(1) Except in so far as in any particular case, any privilege or immunity is waived by the Institute, officials of the Institute shall enjoy‐

(a) while exercising their functions as such and during any journey to and from the Institute, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Institute;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in exercise of these functions (not being traffic offences or damage caused by motor vehicles); and

(c) exemption from income tax in respect of emoluments received by them as officers or servants of the Institute.

(2) Each official of the Institute shall be entitled to one duty free car as part of the first arrival privilege which must be utilised within nine months of taking up his post in Nigeria.

(3) Nothing in this paragraph shall be construed as entitling any person to enjoy such immunity or exemption if he is a Nigerian, a permanent foreign resident of Nigeria or a locally recruited staff.

7. Short title

This Order may be cited as the Diplomatic Immunities and Privileges (International Crops Research Institute for the Semi‐Arid Tropics) Order.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (INTERNATIONAL COMMITTEE OF THE RED CROSS) ORDER

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Establishment of International Committee of the Red Cross.

2. Legal capacity.

3. Exemption from search, etc.

 

4. Exemption from certain taxes, rates and customs duties.

5. Immunities and privileges of the head of delegation, etc.

6. Immunities of persons engaged.

7. Short title.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (INTERNATIONAL COMMITTEE OF THE RED CROSS) ORDER

[S.1. 3 OF 1989.]

under section 11

[22nd December, 1988]

[Commencement.]

Diplomatic immunity conferred on the Committee

1. Establishment of International Committee of the Red Cross

The International Committee of the Red Cross (hereafter in this Order referred to as “the Committee”) is hereby established in Nigeria for the purpose of its objectives as spelt out in its Headquarters Agreement.

2. Legal capacity

The Committee shall have the legal capacities of a body corporate.

3. Exemption from search, etc.

(1) All the properties, archives and assets of the Committee shall be exempt from search, requisition and confiscation.

(2) Notwithstanding the provision of sub‐paragraph (1) of this paragraph, all properties, archives and assets of the Committee shall, for the purpose of public safety and public order, be subject to the laws of Nigeria.

4. Exemption from certain taxes, rates and customs duties

 

(1) The offices and properties of the Committee shall be exempted from levies in respect of certain non‐beneficial rates and taxes, that is to say property and other municipal taxes normally payable by property owners but which are not charges levied for specific services rendered.

(2) All goods which are imported or exported by the Committee and which are necessary for the proper performance of its activities shall be exempted from all customs duties and other charges excepting payments for services rendered; and for the sole purpose of servicing its conferences and similar programmes, the Committee shall be allowed to import, free of customs duties reasonable quantities of drinks and tobacco.

(3) The Committee shall have exemption from taxes on the importation of scientific and biological materials directly imported by the Committee for its official use in Nigeria or for exportation, or on the importation of any publication of the Committee directly imported by it, such exemption to be subject to compliance with such conditions as may be prescribed for the protection of public health, the prevention of diseases in plants and animals and otherwise in the public interest.

(4) The Committee shall have exemption from prohibition and restriction on the publication and dissemination of economic data relating to Nigeria and such exemption shall be subject to the prior approval of the Federal Ministry of Health.

5. Immunities and privileges of the head of delegation, etc.

(1) The head of delegation of the Committee, except in so far as in any particular case the immunity is waived by the Committee, shall enjoy personal immunity for acts performed in pursuance of his duties, etc. as chief executive of the Committee.

(2) Without prejudice to the provisions of sub‐paragraph (1) of this paragraph, where the head of delegation is not a citizen of Nigeria, he shall enjoy the following privileges, that is to say‐

(a) exemption from import duty in respect of articles imported, including duty free purchase of a motor vehicle;

(b) exemption from income tax in respect of emoluments received by him as an employee of the Committee; and

(c) exemption from payment of customs duties for a limited quantity and assortment of drinks and tobacco for official entertainment.

6. Immunities of persons engaged

(1) Except in so far as in any particular case, any privilege or immunity is waived by the Committee, officials of the Committee shall enjoy‐

(a) while exercising their functions as such and during any journey to and from the Committee, immunity from personal arrest or detention and from seizure of their

 

personal baggage and inviolability of all papers and documents relating to the work of the Committee;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in exercise of these functions (not being traffic offences or damage caused by motor vehicles); and

(c) exemption from income tax in respect of emoluments received by them as officers or servants of the Committee.

(2) Each official of the Committee shall be entitled to one duty free car as part of the first arrival privilege which must be utilised within nine months of taking up his post in Nigeria.

(3) Nothing in this paragraph shall be construed as entitling any person to enjoy such immunity or exemption if he is a Nigerian, a permanent foreign resident of Nigeria or a locally recruited staff.

7. Short title

This Order may be cited as the Diplomatic Immunities and Privileges (International Committee of the Red Cross) Order.

DIPLOMATIC IMMUNITIES AND PRIVILEGES (REGIONAL CENTRE FOR INTERNATIONAL COMMERCIAL ARBITRATION) ORDER ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Establishment of the Regional Centre for International Commercial Arbitration.

2. Legal capacity.

3. Exemption from search, etc.

4. Exemption from certain taxes, rates and customs duties.

5. Immunities and privileges of the Director, etc.

6. Immunities of persons engaged.

7. Citation.

 

DIPLOMATIC IMMUNITIES AND PRIVILEGES (REGIONAL CENTRE

FOR INTERNATIONAL COMMERCIAL ARBITRATION) ORDER

[S.I.2 of 2001]

under section 11

[27th March, 2001]

[Commencement]

Diplomatic immunity conferred on the Centre

1. Establishment of the Regional Centre for International Commercial Arbitration

The Regional Centre for International Commercial Arbitration (in this Order referred to as “the Centre”) is hereby established in Nigeria for the purpose of its objectives as spelt out in its Headquarters Agreement.

2. Legal capacity

The Centre shall have the legal capacities of a body corporate.

3. Exemption from search, etc.

All the properties, archives and assets of the Centre shall be exempted from search, requisition and confiscation.

4. Exemption from certain taxes, rates and customs duties

(1) The offices and properties of the Centre shall be exempted from levies in respect of certain non‐beneficial rates and taxes, that is to say property and other municipal taxes normally payable by property owners but which are not charges levied for specific services rendered.

(2) All goods which are imported or exported by the Centre and which are necessary for the proper performance of the Centre’s activities, shall be exempted from all customs duties and other charges excepting payments for services rendered; and for the sole purpose of servicing its conferences and similar programmes.

(3) The Centre shall have exemption from prohibition and restriction on the publication and dissemination of data on arbitration relating to Nigeria.

5. Immunities and privileges of the Director, etc.

(1) The Director of the Centre, except in so far as in any particular case the immunity is waived by the Centre, shall enjoy personal immunities for acts performed in pursuance of his duties, etc., as chief executive of the Centre.

(2) The Director of the Centre shall enjoy the following privileges, that is‐

 

(a) exemption from import duty in respect of articles imported, including duty‐free purchase of motor vehicle;

(b) exemption from payment of customs duties for a limited quantity and assortment of drinks and tobacco for official entertainment.

6. Immunities of persons engaged

(1) Except in so far as in any particular case any privilege or immunity is waived by the Centre, officials of the Centre shall enjoy‐

(a) while exercising their functions as such and during any journey to and from the Centre, immunity from personal arrest or detention and from seizure of their personal baggage and inviolability of all papers and documents relating to the work of the Centre;

(b) immunity from legal process of every kind in respect of words spoken or written and all acts done by them in exercise of those functions (not being traffic offences or damage caused by motor vehicles);

(c) exemption from income tax in respect of emoluments received by foreign professional staff as officers or servants of the Centre.

(2) Each official of the Centre shall be entitled to exemption from import duty in respect of articles imported, including one duty‐free car which shall be utilised within nine months of taking up his post.

(3) Nothing in this paragraph shall be construed as entitling any person to enjoy such immunity or exemption if he is a Nigerian, a permanent foreign resident of Nigeria or a locally recruited staff, save for the purpose of exercising the privileges and immunities conferred on the Centre.

7. Citation

This Order may be cited as the Diplomatic Immunities and Privileges (Regional Centre for International Commercial Arbitration) Order 2001.