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Nigeria Republic Act 1963

1963 CHAPTER 57

An Act to make provision as to the operation of the law in relation to Nigeria as a Republic within the Commonwealth.

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1Operation of existing law.

(1)

Subject to this Act, all law which, whether being a rule of law or a provision of an Act of Parliament or of any other enactment or instrument whatsoever, was in force on 1st October 1963, or, having been passed or made before that day, comes or has come into force thereafter, shall, unless and until provision to the contrary is made by Parliament or some other authority having power in that behalf, have the same operation in relation to Nigeria, and persons and things belonging to or connected with Nigeria, as it would have apart from this subsection if Nigeria had not become a Republic.

(2)

This section applies to law of or of any part of the United Kingdom, the Channel Islands and the Isle of Man and, in relation only to any enactment of the Parliament of the United Kingdom or any Order in Council made by virtue of any such enactment whereby any such enactment applies in relation to Nigeria, to law of any other country or territory to which that enactment or Order extends.

(3)

Nothing in this section shall be construed as enabling Her Majesty to entertain any appeal from a court or judge in Nigeria, other than an appeal from a decision given before 1st October 1963 in respect of which the Judicial Committee of the Privy Council have jurisdiction according to the law of the Republic of Nigeria.

(4)

This section shall be deemed to have had effect from 1st October 1963.

2Power to make consequential adaptations.

(1)

Her Majesty may by Order in Council make such adaptations in any Act of Parliament passed before 1st October 1963 as appear to Her necessary or expedient in consequence of Nigeria having become a Republic.

(2)

Any Order in Council made under subsection (1) of this section, and any Order in Council or other instrument made under any other enactment which varies or revokes a previous Order in Council or instrument in consequence of Nigeria having become a Republic, may be made so as to have effect from 1st October 1963.

(3)

Any Order in Council under subsection (1) of this section shall be subject to annulment in pursuance of a resolution of either House of Parliament, and may be varied or revoked by a subsequent Order in Council.

3Short title.

This Act may be cited as the Nigeria Republic Act 1963.