Section 7 Public Order Act

Section 7 of the Public Order Act of Nigeria is about Flags and uniforms. The Public order Act is an Act to repeal all public order laws in the States of the Federation and to replace them with a Federal Act for the purpose of maintaining public order and to prohibit the formation of quasi-military organisations, regulate the use of uniforms and other matters ancillary thereto.

Flags and uniforms

(1) Subject to section 6 of this Act and as hereinafter provided, members of an association may wear any uniform as defined under this section whether or not at a public assembly or meeting, or during a public procession:

Provided that if a Commissioner of Police is of the opinion that the wearing of any uniform is offensive or is likely to provoke a breach of the peace, he may prohibit the wearing of such uniform in the State.

(2) The powers conferred on the Commission of Police under subsection (1) of this section are hereby conferred upon and shall be exercisable in a Local Government area by any police officer to whom a delegation has been made pursuant to section 1(4) of this Act.

(3) Every association registered as a political party pursuant to the Electoral Act, may fly the approved party flag at the Federal headquarters of that party and at each branch office in the States and at each branch office in Local Government Areas and any such party may display party flags at public assemblies and meetings:

Provided that nothing in this subsection shall be construed as authorising the display of flags by any individual or association on any vehicle or carriage or at any place or on any building or otherwise howsoever except to the extent authorised herein and under the Flags and Coats of Arms Act 1960, the Flags and Coats of Arms Act, and the Flags of Nigerian Ships Act.

(4) Any person who-
(a) wears any uniform otherwise than in compliance with the provisions of this section; or
(b) displays any flags otherwise ‘than as provided in this section;

shall be guilty of an offence.

(5) Any person found guilty of an offence under this section shall upon conviction-

(a) in the case of an individual, be liable to a fine of N1,000 or imprisonment for six months or to both such fine and imprisonment;

(b) in the case of an association (whether corporate or unincorporate), be liable to a fine of N2,000; and in addition, every individual who takes part in the control of management of such association shall be severally liable to the penalties prescribed in paragraph (a) of this subsection.

(6) Any person aggrieved by any decision of the Commissioner of Police or of any other police officer referred to in this section, shall have a right of appeal from such decision and the provisions of subsections (5) and (6) of section 1 of this Act shall apply mutatis mutandis to any such appeal.

(7) For the purposes of this section, “uniform” means any special dress or wear (whether made or unmade and whether or not with the inscription of the association concerned) worn by members of a particular association but does not include any uniform which resembles, or partakes of the design or character of, the uniform of any member of Nigeria Police Force or the armed forces of the Federation or of any other corps established by or pursuant to any law or of any other association.

See also: Section 6 Public Order Act