Benue State Environmental Authority
Benue State Notice No. 14
Published on the 7th April, 2005
A LAW TO ESTABLISH THE BENUE STATE ENVIRONMENTAL SANITATION AUTHORITY AND FOR PURPOSES CONNECTED THEREWITH
Date Of Commencement: 24th March, 2005
BE IT ENACTED by the House of Assembly of Benue State of Nigeria as follows:
PART 1 – PRELIMINARY
1. Citation And Commencement:
This law may be cited as the Benue State Environmental Sanitation Authority Law 2005 and shall come into force on the 24th Day of March, 2005.
In this Law:
‘Agency’ means any person, body or organ exercising any power of function under this Law for and on behalf of the Ministry, Authority or Parastatal and includes licensed Private Service Providers.
‘Appropriate Local Government’ means any Local Government where a person is resident or a company or organization is situated.
‘Area Court’ includes Upper Area Court.
‘Authorised Officer’ means any Environmental Health Officer or any member of Staff duly authorized by Ministry or the Local Government;
‘Authority’ means the Environmental Sanitation Authority established under this law;
‘Board’ means the State Urban Development Board;
‘Commissioner’ means the Commissioner in charge of Environment;
‘Council’ means the Governing Council of the Authority;
‘Industrial Waste’ means waste generated from any premises used wholly or partly for the purpose of manufacturing or serving operation or business and includes waste from mines or quarry;
‘Magistrate Court’ includes Chief Magistrate’s Court;
‘Ministry’ means the Ministry in charge of Environment;
‘Nuisance’ includes refuse, litters, scraps, waste, abandoned vehicles, rubbish, noise, undergrowth of weeds, filth, illegal structure or obstruction of any description, and any offensive or unwholesome or obnoxious matter.
‘Occupier’ means a tenant, resident or a user of tenement.
‘Offensive Trade’ include any trade that pollutes the air, water, land that can bring suffering to man, beast, plants or any trade that can be dangerous to life or injurious to health.
‘Owner’ means a landlord, a lessee, a joint owner, a tenant for life, mortagagee in possession or any person in actual possession and it includes a person acting with the authority of the owner.
‘Person’ means an individual and shall include a limited liability company or an organization fully registered under the companies and Allied Matters Act.
‘Premises’ include land, tenements, house, buildings, vehicles, vessels, tents and structures of any kind, drains ditches, sewages and watercourses;
‘Refuse’ means garbage and other discarded solid material from agricultural operation and from community, household, commerceial and any other actvity and it includes solid or scrap building materials;
‘State’ means Benue State of Nigeria;
‘Structure’ include a fence, kiosk, and stationery vehicle used for the display of wares or cafeteria;
‘Tenement’ means land with building, which is held or occupied as district, or separate holding or tenancy or any wharf or place and it includes a shope or market stall;
‘Urban Area’ has the meaning assigned to it under the Benue State Urban Development Board Edict of 1986;
‘Waste’ includes waste of all descriptions of any substance, which constitutes scrap materials, and effluent of other unwanted substance, arising from application of any process.
PART II – ESTABLISHEMENT, COMPOSITION ETC.
3. Establishment of the Authority:
3.1. There is hereby established an Authority to be known as the Benue State Environmental Sanitation Authority (hereinafter referred to as the Authority);
3.2. The Shall:
a. be a body corporate with Perpetual Succession and a Common Seal;
b. have power to sue and be sued in its corporate name; and
c. be capable of holding, purchasing, acquiring and disposing of moveable and immoveable property for the purpose of carrying out its functions under this Law.
4.1. There shall be a Governing Council for the Authority to be known as the Benue State Environmental Sanitation Governing Council (referred to as the Council.)
4.2. The Governing Council shall be Composed of:
a. The Commissioner as Chairman
b. The General Manager of the Authority as Secretary
c. The General Manager; Urban Development Board
d. The Director of Environment of the Ministry.
e. The Head of Public Health in the Authority
f. Three other persons from the public to be appointed by the Governor as members
g. A representative of the Nigeria Police not below the rank of Superintendent of Police (SP)
h. Secretary of the Authority.
4.2. Members of the Governing Council shall be paid such remuneration and allowances as may be approved by the Governor.
4.3. The tenure of office of members of the Council, other than ex-officio members, shall be as spelt out in their letters of appointment.
4.4. The functions of the Council shall include:
a. The creation of such departments and units that will facilitate the carrying into effect the provisions of this Law.
b. The recruitment, promotion, training and discipline of such number of staff that will assist the Council.
c. Advising the State on Sanitation Matters;
d. Purchasing and maintaining such number of vehicles for carrying into effect the provisions of this Law.
e. To collect and make available through publications and other appropriate means, and in cooperation with public or private organisation basic scientific data and other information pertaining to sanitation and environmental protection matters.
f. To enter into agreement with any person for the purpose of executing and fulfiling its responsibilities under this Law.
g. To establish sanitation criteria, guidelines, specifications or standards for the protection of the State Environment; and
h. To generally ensure the implementation and enforcement of this Law.
4.5. The Council shall meet at least once in a month to plan and review the activities of the Authority.
4.6. At the meetings of the Council, the Chairman shall preside in his absence , the members present shall select one of their members to preside.
4.7. The quorum of any meeting of the Council shall be one third of the members.
5. Functions Of The Authority:
5.1. The functions of the Authority shall include:
a. the implementation and the enforcement of the provisions in this Law;
b. liaising with other Environmental Health Departments and Institutions to ensure common goals in Environmental Sanitation;
c. purchasing and maintaining such number of vehicles, plants and equipment that are necessary for the carrying into effect the provisions of this Law.
d. the provision and maintenance of public conveniences at designated places in both urban and rural areas of the State;
e. collecting, removing, processing, treating and safely disposing of domestic, hospital, commercial, institutional and industrial waste;
f. recycling waste;
g. designing blueprints for establishments of sewage disposal system and clearing of sewage;
h. advising and making recommendations to the Ministry for improvement in collection, removal, processing, treatment and safe disposal of wastes in particular and Sanitation matters in general;
i. cleaning streets and public places
j. removing and disposing of vehicles abandoned and carcass of dead animals on public highways and other public places.
k. monitoring the clearing, cleaning and maintenance of drainage facilities with the Urban Areas of the State.
l. designing operating and maintaining waste disposal facilities;
m. preparing ad updating from time to time masterplans for waste collection and disposal within the State and controlling the resultant waste system with the State.
n. approving and keeping close watch on waste disposal system in the State.
o. doing all such acts as appear to it to be requisite, advantageous, convenient for or in connection with the carrying out of its functions or to be incidental to their proper discharge; and
p. carrying out such other functions as the Ministry may direct.
5.2. For the purpose of carrying out the functions set out in subsection (1) of this section, the Authority shall be guided by the Policies, Rules, Regulations, Standards and Best Practices set out by the Council.
5.3. The Authority may engage the services of agents, consultants and or advisers from time to time to carry out any of its functions under this Law on conditions and terms to be determined by the Council.
5.4. The Authority may collaborate with neighbourhood Associations and other such organisations in carrying out its functions as provided under sub-sections (1) of this section.
PART III: MANAGEMENT AND STAFF OF THE AUTHORITY
6. General Manager:
6.1. There shall be for the Authority a General Manager who shall be a person experienced in Environmental Sanitation matters and shall be appointed by the Governor.
6.2. General Manager shall be responsible for day-to-day administrations of the Authority and coordination of its activities pursuant to the provisions of this Law.
6.3. The General Manager shall unless sooner removed by the Governor hold office for a period of four years and may be eligible for reappointment for a further four year term.
6.4. The General Manager shall be paid such remuneration as may be approved by the Governor.
6.5. Notwithstanding anything contained in this section, the General Manager may resign his appointment under his hand addressed to the Chairman of the Council.
7.1. There shall be a Secretary for the Authority who shall not be below the rank of Deputy Director in the State Civil Service.
7.2. The Secretary shall be responsible to the Authority and shall carry out such functions as the Authority may direct.
PART IV: FINANCIAL PROVISIONS
8.1. The Authority shall establish and maintain a fund from which shall be defrayed all expenses incurred by the Authority in the performance of the Authority’s duties and functions under this Law.
8.2. The fund of the Authority shall include:
a. Moneys allocated to the Authority through budget;
b. Grants from Federal State of Local governments;
c. Moneys realized from services of the Authority;
d. All money accruing to the Authority by way of endowment, gift, donation or other sources other that loan or credit;
e. All interest on money invested by the Authority; and
f. All other sums of money or property which in any manner becomes payable to or vested in the Authority in respect of any matter incidental to its functions.
8.2. The Authority shall maintain a Bank Account with a Commercial Bank in the State into which all income shall be paid.
8.3. The Authority shall keep proper books of accounts and records of transactions and shall cause them to be audited at the end of each financial year and the cost of such audit shall be borne by the Authority.
PART V – SANITATION RESPONSIBILITIES, OFFENCES AND PENALTIES
9. Duty of Owner, tenant and Occupier of Building:
Every owner, tenant and occupier of a building shall:
a. Keep clean at all times the sidewalks, gutter area, sideyard, frontage and backyard of the building.
b. Bind all old newspapers, loose rubbish and rags before putting out for collection;
c. Put refuse into securely tied bags or leak proof dustbins with tight fitting lids provided by Authorised Agencies;
d. Keep refuse dustbins within premises until the times of collection;
e. Ensure that refuse dustbins are covered at all times with tight fitting covers;
f. Not dump yard sweepings, hedge cuttings, grass leaves, earth stones or similar business waste with household refuse;
g. Not use dustbins which may be leaking or permitting litter to escape or which might injure people holding them;
h. Not sweep out or throw ashes, refuse, paper, nylon used or unused polythene and rubbish into any street, public or vacant plot.
10. Use Of Sanitary Litter Bins:
10.1. No pedestrian shall dispose of any scrap paper, newspaper, candy, wrapper, fruit skin, and similar refuse anywhere except in litter bins
10.2. All person shall use dustbins for household refuse, commercial or industrial waste and store same for collection by the authorized agencies or deposit such refuse at designated centres for collection.
11. Litter Bin In Commercial Vehicles:
11.1. Every commercial vehicle in the State shall provide a litter-bin for passenger’s use in the vehicle.
11.2. No passenger shall throw any litter, fruit skins, scrap paper or other items on the road from any vehicle.
11.3. A driver of a commercial vehicle that has no litter bin in his vehicle shall be guilty of an offence.
12. Obstruction and dumping of refuse:
12.1. No person shall obstruct pedestrian traffic on the sidewalks.
12.2. No person shall place or mount any material or substance which obstructs free flow of traffic and passage on streets and roads in the State.
12.3. No person shall dry foodstuffs on the road, street, all sidewalks set back, in any part of the State.
12.4. Every occupier or tenant of any premises shall own his or her own dustbins.
12.5. No person shall dump any waste, be it domestic, industrial, commercial or discarded vehicle spare parts or tyres along Highways, roads, channels, gutters, gorges, vacant land directly or through private operators except at designated places.
12.6. It shall be the duty of the Ministry or any of its authorized agency to designate certain places as refuse dumps and shall provide refuse dumps containers at such designated places.
13. Disposal Of Refuse:
No person shall dispose of refuse or waste in Urban Areas of the State unless through an authorized Agency.
14. Posting Of Hand Bills And Posters:
No person shall:
a. Paste any handbill, poster, notice, sign or advertisement on any street or public or private property without the permission of the Ministry or the Board; and
b. Tear down, deface or destroy any notice, handbill, sign, advertisement, poster put up or pasted by or under the directive of Government or any of its agencies.
15. Structures On Road Setback:
No person shall:
a. Construct or put any structure on roads, rail-tracks, footpaths or on the required road setbacks or other setbacks;
b. Use any road, street or others set back as an artisans workshop;
c. Display, sell or buy goods or food on roads, rail tracks, bridges and setbacks;
e. Defecate or urinate in the drainage system or any open space;
f. Organise or hold parties or religious activities on any road without permission of the Ministry or its Agency;
g. Allow cattle, goats, sheep or other animals to roam on the road or any open space, unless with the permission of the ministry or its Agency; and
h. Fill in silt, blocks, earth, or any other substance or material in any drainage, gutter, waterway, and the likes for the purpose of creating access to any plot or piece of land thereof.
16. Cutting Road:
16.1. No person shall dig across any road for any purpose without a prior written approval or permit from:
a. The State Ministry of Works or its Agency or Parastatal;
b. The appropriate Local Government.
16.2. It shall be the duty of the person who lawfully digs or cuts the road to restore the part of the road dug or cut within seven days.
17. Maintenance Of Drains And Septic Tanks:
17.1. Every person shall:
a. Clean and maintain any drainage in the frontage, side or backyard of his tenement or building; and
b. Provide suitable holding tank approved by appropriate Agency for liquid waste or sewage, and ensure a regular evacuation and disposal of it through the authorized Agencies.
17.2. No person shall discharge, cause or permit any trade waste or sewage effluent or liquid waste to be discharged into any drain or drainage system, road, gorges, water courses, channels or any part thereof, except at such places as may be designated by the Authority, Ministry or their Agencies.
18. Vacant Land:
18.1. Every grantee. lessee, or licensee of any vacant land shall ensure that there is no heap of refuse, rubbish, overgrown weeds, or offensive material on such land.
18.2. No person shall use heap of refuse or rubbish to fill vacant land, swamp, gorge or marshy land, unless otherwise authorized by the appropriate Local Government, Ministry or their agencies.
18.3. Any person who violates the provisions of this section shall be guilty of an offence and liable on conviction:
a. To a fine of not less than N2,000.00; and
b. To the cost of abating the nuisance or removing the unwanted material(s) by the Authority as may be fixed by the Authority.
19. Prohibition Of Waste Burning And Burying:
No person shall:
a. Burn or bury refuse on any tenement or open place,
b. Throw or bury industrial or commercial waste in any tenement; and
c. Erect or construct or use an incinerator without prior approval or permit from the Ministry or its Agency or the appropriate Local Government.
20. Abandonment Of Silt And Other Materials:
No person shall leave silt, earth or other materials excavated during construction or maintenance of drains on the roadside beyond 48 hours.
21. Obnoxious Or Poisonous Waste:
No person shall deposit obnoxious, toxic or poisonous waste anywhere, except at the appropriate designated site through the authorized agencies.
22. Offences And Penalties:
22.1. Any person who contravenes or fails to comply with any of the provisions of this Law shall be guilty of any offence and shall on conviction be liable to be punished with fine and or imprisonment as provided in Schedule 1 to this Law.
22.2. Where an offence has been committed under this Law by an individual or on residential premises such as an individual or the residential premises occupants shall on conviction be liable to be punished under Schedule 1 to this Law.
22.3. Where an offence has been committed under this law by a company, organisation, or on commercial premises, such a company, organisation, or owners or operators of such premises shall, on conviction, be liable to be punished under Schedule 1 to this Law.
23. Provision Of Conveniences:
23.1. All owners or operators of tenement, petrol services stations, supermarkets, restaurants of 20 seats and above, cinema houses, mosques, churches, schools, guest houses, parks and other similar premises within the State, shall within three months of the commencement of this Law, provide, maintain and keep clean public conveniences such as toilets, urinaries and bathrooms for consumers of their products and services.
23.2. Any person who contravenes the provisions of sub-section (1) of this section is guilty of an offence and liable on conviction to a fine of N1,000.00 or imprisonment for a term of Six months or to both such fine and imprisonment.
23.3. Where the default subsists, the offender shall be liable to an additional fine of N1,000.00 for every day the default persists and may have his premises sealed off.
24. Environmental Sanitation Days:
24.1. On commencement of this Law, the last Saturday of every month shall be observed as Environmental Sanitation Day in the State.
24.2. The general clean up activities on each sanitation day shall be carried out between the hours of 7:00am and 9:00am in the morning.
24.3. There shall be restriction of movement of persons during the hours specified for the clean up activities to the exception of:
a. Persons on Essential Services; and
b. persons authorized by the Ministry or Authority
24.4. Any person who contravenes the provisions of this section by failing to participate in clean up activities or failing to curtail his movement as provided above shall be guilty of an offence and liable on conviction to fine of not less than N2,000.00 or imprisonment for a term of three months or both.
24.5. Notwithstanding the provisions of this section, it shall be lawful for the Ministry to declare any other day and time as special Sanitation either generally across the State or for specific places.
25. Waste Management Licence:
25.1. On commencement of this Law, no person shall establish or operate any waste collection and management business in the State without a licence issued by the Ministry and reviewed from time to time.
25.2. The fees payable for the issue or renewal of licence and other conditions governing the issuance and renewal of licence shall be determined from time to time by the Ministry.
25.3. Any person who contravenens the provisions of this section is guilty of an offence and liable on conviction to a fine of not less than N120,000.00 or imprisonment for two years or both.
25.4. Where the offence is committed by a corporation, company or firm, the penalty shall be N500,000.00 or above.
26. Car Wash Business:
26.1. On commencement of this Law, no car was business shall be carried out by any person in the State except in places designated by the Authority.
26.2. No person shall engage in car wash business without a licence issued by the Ministry and reviewed from time to time.
26.3. Any person who contravenes the provisions of sub-section (1) of this section is guilty of an offence and liable on conviction to a fine of N5,000.00.
26.4. Any person who contravenes the provisions of sub-section (2) of this section is guilty of an offence and liable on conviction to a fine of N10,000.00.
27. Conspiracy and Abetment:
Any person who engages, instigates, aids, facilitates or conspires with another to do a thing or act in any way prohibited under any of the provisions of this Law, shall be deemed to have committed the same offence and liable to be punished accordingly.
28. Entry Into Premises:
28.1. A staff of the Authority or any person authorized by the Authority to carry out any of its functions under this law shall have power to:
a. Enter into any premises between the hours of 6:00am and 6:00pm for the purpose of inspecting or examining the state of sanitation or the existence or abatement of any nuisance therein, issuing of notices, arresting offenders, seizing of goods, items or vehicles or otherwise confiscating, auctioning and destroying any nuisance ; and
b. Do anything necessary or expedient in his opinion to give effect to this Law.
28.2. Any person who, not being lawfully authorized to carryout any function under this Law by the Authority or the Ministry, who misrepresents himself as having been authorized to enforce any part of this Law guilty of an offence and liable on conviction to a fine of N10,000.00 or imprisonment for a term of 12 months or to both such fine and imprisonment.
29. Criminal And Civil Proceedings Concurrently:
A prosecution for an offence against the provisions of this Law, or any regulations made thereunder, shall not operate as a bar to any civil proceedings that may be instituted for damages or injury caused by the offender’s contravention or non-compliance with the provisions of this Law.
30. Sanitation And Waste Management Fees:
30.1. The Ministry or its Parastatal or any of its agencies responsible for waste management shall charge and collect fees and rates on monthly basis from individuals, tenants, occupiers, owners of all premises or operators of business in the State in line with Schedule 2 of this Law.
30.2. Any person who fails to pay sanitation fees and rates charged by the Ministry or any its Parastatals or Agency commits an offence and shall on conviction be liable to pay a fine representing 50% of the fees/rate payable by such person in addition to payment of all the outstanding sanitation fees/rates charged.
30.3. Any person who contravenes the provisions of this section may be arraigned before a Sanitation Court as if he or she has failed to abate a nuisance on his premises.
30.4. Any authorized Agency that neglects or refuses to carry out its Sanitation responsibilities after the occupiers have fully discharged their obligations to such Agency shall have its licence revoked and be liable to pay compensation or damages to the occupiers. Such an agency will in addition be liable to prosecution and on conviction be fined N10,000.00.
31. Seizure Of Property:
31.1. It shall be lawful for a health officer or authorized officer to seize and retain property of any person engaged in mobile trade in lieu of payment of any fine or fees until such fine or fees is paid and official receipt obtained from the appropriate authority of Government.
31.2. The health officer or any authorized officer shall issue a retention note to any person whose property has been confiscated under sub-section (2) above. If the person fails to show up within one week, his property shall be sold-by-public auction.
31.3. The health officer or any authorized officer shall make entries of all transactions concerning seized goods or property in a register for that purpose to be kept by the Ministry, Parastatal or Agency.
32. Obstruction And Manhandling:
Any person who manhandles, hinders, prevents or obstructs any environmental health officer, police officer or any other authorized person in the execution of his duties under this law shall be guilty of an offence and shall, on conviction be liable to a fine of N3,000.00 or one month imprisonment.
33. Punishment Where No Penalty Provided:
33.1. In case of any contravention of any of the provisions of this Law for which no specific penalty is provided, a first offender shall be liable, on conviction, to a fine of N2,000.00 only or one month imprisonment.
33.2. In case of a second or subsequent offence, the offender shall be liable to a fine of N5,000.00 only or Three months imprisonment.
34.1. For the purpose of this Law, a written notice disseminated by whatever means on proof that it got to the addresses shall be deemed good and sufficient notice.
34.2. Any notice given before the coming into force of this Law by any Ministry, Department, Corporation or Parastatal of Government to owners or occupiers of illegal structures or creators of nuisance by the appropriate authority of Government.
34.3. A notice, order, court process or other documents required to be served on the owner, tenant or occupier of any premises shall have the address and description of the owner, tenant or occupier and shall be deemed to be sufficient notice if it is delivered on the premises or is affixed in a conspicuous part of the premises.
34.4. A notice shall constitute a notice in respect of a joiner of parties within the same premises if the notice is given to any person on the premises or is affixed in a conspicuous part of the premises.
35. Power Of Arrest:
Any person who commits a nuisance or an offence under this Law may be arrested by an Environmental Health Officer or Police Personnel or any authorized person.
36. Humanity From Personal Liability:
No Environmental Health Officer or authorized officer of the appropriate Government Agency acting in pursuance of this Law shall be personally liable on account of anything done or omitted to be done under this Law.
PART VI: ESTABLISHMENT OF ENVIRONMENTAL SANITATION COURT
37. Establishment Of The Court:
37.1. There is hereby established for the State a court to be known as Environmental Sanitation Court ( in this Law referred to as the Court).
37.2. The Court specified in subsection (1) above shall sit either as a fixed Sanitation Court or as a Mobile Sanitation Court.
37.3. The Chief Judge of the State shall designate Magistrate and or Area Courts in every Local Government Area as fixed Sanitation Court.
37.4. The Mobile Sanitation Court shall sit at venues to be designated by the Authority for that purpose from time to time.
37.5. The Sanitation Court created under this section shall be presided over by a Magistrate or Area Court Judge duly appointed by the State Judicial Service Commission and his appointment shall be subject to the same conditions of service application to other Magistrates and or Area Court Judges in the State.
38. Jurisdiction Of The Court:
The Court shall have:
a. Original Jurisdiction over all offences specified in this Law; and
b. Summary Jurisdiction to try offences committed on Sanitation days.
39. Practice And Procedure:
The Practice and Procedure of the court shall be in conformity with the practice and procedure obtainable in Magistrate Courts in the state except that such practice and procedure may be subject to modifications as may be necessary to carry into effect the provisions of this Law.
40. Remuneration Of Judges:
Notwithstanding the provisions of Section 37 (5), Magistrates and Area Court Judges presiding over the Court on Sanitation days shall be paid such extra allowances as may be approved by the Authority.
41. Appeals From The Court:
a. Appeals from the decisions of the Court shall lie to the High Court of the State.
b. The Practice and Procedure for appeals shall be as provided in the Criminal Procedure Code of the State.
PART VII: MISCELLANEOUS
42.1. The Benue State Environmental Sanitation Law of 1984 and all the amendments thereto and the Benue State Environmental Protection Agency Law of 1999 are hereby repealed and the Benue State Environmental Protection Agency is hereby dissolved.
42.2. If any other Law as it affects Sanitation in Benue State is inconsistent with this Law, such Law shall to the extent of the inconsistency be void.
43. Power To Prosecute:
Subject to the provisions of section 211 of the Constitution of the Federal Republic of Nigeria 1999 (which relates to the power of the Attorney-General of the State to institute, continue or discontinue criminal proceedings against any person in any court of Law), any officer of the Authority or any person authorized by the Authority with the consent of the Attorney-General of the State shall conduct criminal proceedings in respect of offences under this Law or Regulations made under this Law.
44. Limitation Of Suits:
44.1. Notwithstanding anything contained in any other enactment, no suit shall lie in any court against the Authority, the General Manager or any other officer or employee of the Authority for any act done in pursuance or execution of this Law or any other enactment, or of any public duty or in respect of any alleged neglect or default in the execution of this Law or such enactment or duty unless:
a. It is commenced within 6 months next after the act, neglect or default complained of;
b. In the case of a continuation of damage or injury within 12 months next after the ceasing thereof.
44.2. No suit shall be commenced against the Authority, the General Manager or any officer or employee of the Authority before the expiration of a period of one month after written notice of intention to commence the suit has been served upon the Authority by the intending plaintiff or his agent.
44.3. The notice referred to in subsection (2) of this section shall clearly and explicitly state:
a. The cause of action;
b. The particulars of the claims;
c. The name and place of abode of the intending plaintiff; and
d. The relief which he claims.
45. Mode Of Service Of Documents:
The notice, summons, or other documents required or authorized to be served upon the Authority under the provisions of this Law or any other enactment or Law may be served by delivering it to the General Manager or the Secretary or by sending it by registered post and addressed to the General Manager at the principal office of the Authority.
46. Legal Representation in Suits:
In any suit by or against the Authority, the Authority may be represented at any stage of the proceedings by:
a. Any servant of the Authority who shall satisfy the court that he is duly authorized by the General Manager in that behalf; and or
b. A legal practitioner or a Law Officer.
47. Executive Against The Authority:
47.1. In any action or suit against the Authority, no execution of process in the nature thereof shall be issued against the Authority without prior consent and approval of the Attorney-General of the State.
47.2. Any sums of money which may by the judgement of the court be awarded against the Authority shall, subject to any directions given by the court where no notice of appeal of the said judgement has been given, be paid from the funds of the Authority maintained under section 9 of this Law.
48. Indemnity Of Officers:
The General Manager any officer or employee or agent of the Authority for the time being, shall be indemnified out of the assets of the Authority against any liability incurred by him in defending andy proceeding, whether civil or criminal, in which judgement is given in his favour, or in which he is acquitted, if any such proceeding is brought against him in his capacity as the General Manager or employee or agent of the Authority.
49. Power To Make Regulations:
The Authority shall subject to the approval of the Council, make Regulations and Guidelines for the purpose of carrying into effect the provisions of this Law.
50.1. Nothing in this Law shall affect any:
a. Order, rule, regulation, appointment,
b. Conveyance, mortgage, deed or agreement made,
c. Resolution passed, direction given, proceedings taken, instrument issued or things done under the repealed enactments provided such order, rule etc. was issued by the appropriate Authority then in office.
50.2. Every such order, rule, regulation, appointment, conveyance, mortgage, deed or agreement made, resolution passed, direction give, proceeding taken, instrument issued or thing done, if in force and in so far as it could have been made, passed given, taken, issued or done under this Law shall have effect as it so made, passed, give, taken, issued or done and shall be constructed with such modification, amendment and omission as would be in line with the General intendment of this Law.
50.3. Nothing in this Law shall be construed so as to prohibit the continuation of any action done by any person in compliance with the provisions of the enactment hereby repealed and before the commencement of this Law.
50.4. Subject to the provisions of this Law, all former functions, powers and equipment belonging to the Benue State Environmental Protection Agency dissolved by this Law are hereby transferred to and vested in the Authority provided that functions, powers, equipment and tools not excised or acquired by the Authority shall revert to the Ministry.
50.5. All structures, equipment and tools acquired and transferred to the Authority shall be deemed to have been so acquired under this Law.
50.6. The Department of Public Health in the Benue State Urban Development Board together with its staff, tools and equipment, vehicles and furniture is hereby excised and transferred to the Authority.
51. Power To Issue Directions:
The Commissioner in charge of Environment shall have the power to give directions of general nature to the Governing Council on any matter relating to the implementation of this Law and it shall be the duty of the Council to obey.
52. Effect Of Mere Defect Or Non-Compliance:
Mere defect or non-compliance with the provisions of this Law shall not invalidate any action taken under it, if on the merits, the Law has been complied with.