Northern Cameroons (Administration) Order in Council, 1960
| Jurisdiction | UK Non-devolved |
| Citation | SI 1960/1656 |
| Year | 1960 |
1960 No. 1656
The Northern Cameroons (Administration) Order in Council, 196012thSeptember 1960
16thSeptember 1960
1stOctober 1960
ARRANGEMENT OF ORDER
1. Citation, commencement and revocations.
2. Establishment of office of Administrator.
3. Powers and duties of Administrator.
4. Oaths to be taken by Administrator.
5. Discharge of Administrator's functions during vacancy, etc.
6. Discharge of Administrator's functions by deputy.
7. Public Seal.
8. Constitution of offices.
9. Power to make laws.
10. Prerogative of mercy.
11. Police.
12. Establishment of High Court.
13. Oaths td be taken by judges of High Court.
14. Appeals to High Court from subordinate courts.
15. Appeals to Federal Supreme Court of Nigeria.
16. Powers, practice and procedure of Federal Supreme Court of Nigeria.
17. Appeal from Federal Supreme Court of Nigeria to Her Majesty in Council.
18. Deprivation of life.
19. Inhuman treatment.
20. Slavery and forced labour.
21. Deprivation of personal liberty.
22. Determination of rights.
23. Private and family life.
24. Freedom of conscience.
25. Freedom of expression.
26. Peaceful assembly and association.
27. Freedom of movement.
28. Freedom from discrimination.
29. Derogations from fundamental rights.
30. Reference to tribunal in certain cases.
31. Compulsory acquisition of property.
32. Special jurisdiction of High Court.
33. Interpretation of ss. 18 to 32.
34. Existing laws.
35. Pending legal proceedings.
36. Interpretation.
THE FIRST SCHEDULE
ORDERS IN COUNCIL REVOKED BY THIS ORDER.
THE SECOND SCHEDULE
OATH OR AFFIRMATION FOR THE DUB EXECUTION OF THE OFFICE OF ADMINISTRATOR.
At the Court at Balmoral, the 12th day of September, 1960
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers in that behalf by the Foreign Jurisdiction Act, 1890(a) or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation, commencement and revocations
1.—(1) This Order may be cited as the Northern Cameroons (Administration) Order in Council, 1960.
(2) This Order shall come into operation on the first day of October, 1960:
Provided that where by or under this Order the Administrator has power to make any appointment, to make any order or to do any other thing for the purposes of this Order that power may be exercised by the Administrator at any time after the sixteenth day of September, 1960, to such extent as may, in his opinion, be necessary or expedient to enable the provisions of this Order to come into effect on the first day of October, 1960.
(3) The Orders in Council specified in the First Schedule to this Order are revoked in so far as they apply to the Northern Cameroons.
(4) Sections 3 and 4 of the Nigeria (Appeals to Privy Council) Order in Council, 1955(b), are revoked in so far as they apply to the Northern Cameroons.
Establishment of office of Administrator
2. There shall be an Administrator for the Northern Cameroons, who shall be appointed by Her Majesty by Commission under Her Majesty's Sign Manual and Signet and shall hold office during Her Majesty's pleasure.
Powers and duties of Administrator
3. The Administrator shall have such powers and duties as are conferred upon him by or under this Order or any other law and such other powers and duties as Her Majesty may from time to time be pleased to assign to him and, subject to the provisions of this Order and any other law by which any such powers or duties are conferred, shall do or execute all things that belong to his office according to such instructions, if any, as Her Majesty may from time to time see fit to give him:
Provided that the question whether or not the Administrator has in any matter complied with any such instructions shall not be enquired into by any court of law.
Oaths to be taken by Administrator
4. A person appointed to hold the office of Administrator shall, before entering upon the duties of that office, take and subscribe the oath of allegiance and an oath for the due execution of his office in the form set out in the Second Schedule to this Order.
(a) 53 & 54 Vict. c. 37.
(b) S.I. 1955/706 (1955 I, p. 1040).
Discharge of Administrator's functions during vacancy, etc.
5.—(1) Whenever the office of Administrator is vacant or the Administrator is absent from the Northern Cameroons or is from any other cause prevented from or incapable of discharging the functions of his office, those functions shall be performed by such person as Her Majesty may appoint or, if there is no person so appointed and able to act, by the Resident of the Northern Cameroons.
(2) Before any person enters upon the performance of the functions of the office of Administrator under this section, he shall take and subscribe the oaths directed by section 4 of this Order to be taken by a person appointed to the office of Administrator.
(3) For the purposes of this section—
(a) the Administrator shall not be regarded as absent from the Northern Cameroons during his passage from one part of the Northern Cameroons to another or as prevented from discharging the functions of his office by reason that he is so passing; and
(b) the Administrator shall not be regarded as absent from the Northern Cameroons or as prevented from or incapable of discharging the functions of his office at any time when an officer is discharging those functions under section 6 of this Order.
Discharge of Administrator's functions by deputy
6.—(1) The Administrator may, by Instrument under the Public Seal of the Northern Cameroons, authorize any officer in the public service to discharge for and on behalf of the Administrator on such occasions and subject to such exceptions and conditions as may be specified in that Instrument such of the functions of the office of Administrator as may be specified in that Instrument.
(2) The powers and authority of the Administrator shall not be affected by any authority given to any officer in the public service under this section otherwise than as Her Majesty may at any time think proper to direct and that officer shall conform to and observe such instructions relating to the discharge by him of any of the functions of the office of Administrator as the Administrator may from time to time address to him for his guidance.
(3) Any authority given under this section may at any time be varied or revoked by Her Majesty by instructions given through a Secretary of State or by the Administrator by Instrument under the Public Seal.
Public Seal
7. The Administrator shall keep and use the Public Seal of the Northern Cameroons.
Constitution of offices
8. The Administrator, in Her Majesty's name and on Her Majesty's behalf, may constitute offices for the Northern Cameroons, make appointments to any such office and terminate any such appointment.
Power to make laws
9. The Administrator may by Proclamation make laws for the peace, order and good government of the Northern Cameroons.
Prerogative of mercy
10. The Administrator may, in Her Majesty's name and on Her Majesty's behalf—
(a) grant to any person concerned in or convicted of any offence a pardon, either free or subject to lawful conditions; or
(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence; or
(c) substitute a less severe form of punishment for any punishment imposed on that person for any offence; or
(d) remit the whole or any part of any punishment imposed on that person for any offence or of any penalty or forfeiture otherwise due to Her Majesty on account of any offence.
Police
11.—(1) Any contingents of the Nigeria Police Force that may be stationed in the Northern Cameroons hi pursuance of any arrangement made between Her Majesty's Government in the United Kingdom and Her Majesty's Government of the Federation of Nigeria shall have such powers and duties as may be conferred upon them by any law in force hi the Northern Cameroons and shall be under the command of such officer of the Nigeria Police Force as may be designated in that behalf by the Administrator.
(2) The Administrator may give to the officer commanding the contingents of the Nigeria Police Force stationed in the Northern Cameroons such directions with respect to the maintaining and securing of public safety and public order as he may decide are desirable (including directions with respect to the use and operational control of those contingents) and the officer commanding the contingents shall comply with those directions or cause them to be complied with.
Establishment of High Court
12.—(1) There shall be a High Court for the Northern Cameroons.
(2) The High Court shall consist of a judge or judges who shall be appointed by the Administrator by Instrument under the Public Seal in pursuance of instructions given by Her Majesty through a Secretary of State and shall hold office during Her Majesty's pleasure.
(3) The High Court shall be a superior court of record and, save as otherwise provided by any law, shall have all the powers of such a court, including the power to punish for contempt of itself.
Oaths to be taken by judges of High Court
13. A judge of the High Court of the Northern Cameroons shall, before entering upon the duties of his office, take and subscribe the oath of allegiance and such oath for the due execution of his office as may be prescribed by any law.
Appeals to High Court from subordinate courts
14.—(1) An appeal shall lie from decisions of a subordinate court to the High Court as of right or, if it is provided by any law that an appeal as of right shall he from that subordinate court to another subordinate court, an appeal shall thereafter lie to the High Court as of right in the following cases—
(a) where the matter in dispute on the appeal to the High Court is of the value of fifty pounds or upwards or where the appeal involves directly or indirectly...
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