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Laws of the Federation Preview 27 min read

Official Secrets Act

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ARRANGEMENT OF SECTIONS

SECTION

1.   Protection of official information, etc.

  1. Protection of defence establishments, etc.
  2. Restrictions on photography, etc., during periods of emergency.
  3. Control of mail forwarding agencies, etc.
  4. Power to require information as to offences under this Act.
  5. Search warrants.
  6. Penalties and legal proceedings.
  7. Supplementary provisions as to offences.
  8. Interpretation, etc.
  9. Short title, extent and repeal.

An Act to make further provision for securing public safety; and for purposes con-
nected therewith.

[1962 No. 29.]

[13th September, 1962]

[Commencement.]

1. Protection of official information, etc.

(l) Subject to subsection (3) of this section, a person who-
(a) transmits any classified matter to a person to whom he is not authorised on behalf of the government to transmit it; or
(b) obtains, reproduces or retains any classified matter which he is not authorised on behalf of the government to obtain, reproduce or retain, as the case may be,

is guilty of an offence.

(2) A public officer who fails to comply with any instructions given to him on behalf of the government as to the safeguarding of any classified matter which by virtue of his office is obtained by him or under his control is guilty of an offence.
(3) In proceedings for an offence under subsection (1) of this section relating to any

classified matter, it shall be a defence to prove that-

(a) when the accused transmitted, obtained, reproduced or retained the matter, as the case may be, he did not know and could not reasonably have been expected to believe that it was classified matter; and
(b) when he knew or could reasonably have been expected to believe that the matter was classified matter, he forthwith placed his knowledge of the case at the disposal of the Nigerian Police Force.

2. Protection of defence establishment s , etc.

(1) A person who, for any purpose prejudicial to the security of Nigeria-
(a) enters or is in the vicinity of or inspects a protected place; or
(b) photographs, sketches or in any other manner whatsoever makes a record of the description of, or of anything situated in, a protected place; or
(c) obstructs, misleads or otherwise interferes with a person engaged in guarding a protected place; or

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