THE PENAL CODE LAW OF KATSINA STATE

TABLE OF CONTENTS
1. Short title and commencement

CHAPTER 1
GENERAL DEFINITION AND EXPLANATION
2. General Definitions and Explanations
3. Punishment of offences committed in the State
4. Offences against Laws of the State
5. Civil remedies
6. Contempt of Court

CHAPTER 2
CRIMINAL RESPONSIBILITY
7. Common knowledge
8. Presumption of knowledge of an intoxicated person
9. Act done by person bound or justified by Law
10. Act of Court of Justice
11. Act done pursuant to the judgment or order of Court
12. Accident in doing a lawful act
13. Act likely to cause injury but done without criminal intent and to prevent other
injury or to benefit person injured
14. Age of culpability
15. Act of a person of unsound mind
16. Involuntary intoxication
17. Act not intended to cause death or grievous hurt done by consent
18. Act not intended to cause death done by consent for a person’s benefit
19. Correction of child, pupil or servant
20. Communication made in good faith
21. Act of which a person is compelled by threats
22. Act causing slight harm
The Right of Private Defence
23. Things done in private defence
24. Right of private defence
25. Right of private defence against act of a person of unsound mind, etc.
26. General limits of right of private defence
27. No right of private defence when protection of public authorities available
28. Limitation of right of private defence against act of public servant
29. When right of private defence of the body extends to causing death
30. When right of private defence of property extends to causing death
1
31. Right of private defence against deadly assault when there is risk of harm to
innocent person

CHAPTER 3
PUNISHMENT AND COMPENSATION
32. Punishment and Compensation
33. Limitation on punishment
34. Special provision for child offenders
35. Amount of fine
36. Sentence of imprisonment for default payment of fine where offence is
punishable with fine
37. Imprisonment in default of payment of fine
38. Fine not discharged by death
39. Limit of punishment when act within definition of more than one offence or when
offence made up of several offences
40. Consideration of unaccounted resources

CHAPTER 4
JOINT ACTS
41. Act done by several persons in furtherance of common intention
42. When an act is criminal by reason of its being done with a criminal knowledge or
intention
43. Co-operation by doing one of several acts constituting an offence
44. Persons concerned in criminal act may be guilty of different offences

CHAPTER 5
ABETMENT
45. Abetment
46. Abetment of offence
47. Abetment if the act abetted is committed in consequence and where no express
provision is made for its punishment
48. Abetment if person abetted does an act with different intention from that of
abettor
49. Liability of abettor when one act abetted and different act is done
50. Abettor when liable to cumulative punishment for act abetted and for act done
51. Liability of abettor for an effect caused by the act abetted different from that
intended by abettor
52. Abettor present when offence committed liable as principal
53. Abetment of offence punishable with death or imprisonment for life if offence not
committed
2
54. Abetment of offence punishable with imprisonment if offence is not committed
55. Abetting commission of offence by the public or by more than ten persons
56. Administering unlawful oaths

CHAPTER 6
ATTEMPT TO COMMIT OFFENCES
57. Attempt to commit offences punishable with imprisonment
CHAPTER 7
CRIMINAL CONSPIRACY
58. Criminal conspiracy
59. Punishment for criminal conspiracy
60. Unlawful society
61. Punishment for managing unlawful society
CHAPTER 8
BREACH OF OFFICIAL TRUST
62. Breach of official trust
63. Punishment for breach of official trust

CHAPTER 9
OFFENCES AGAINST PUBLIC PEACE
64. Member of unlawful assembly
65. Membership of unlawful assembly
66. Punishment for membership of unlawful assembly
67. Joining unlawful assembly armed with offensive weapon
68. Joining or continuing in unlawful assembly knowing it has been commanded to
disperse
69. Rioting
70. Punishment for rioting
71. Rioting armed with offensive weapon
72. Every member of unlawful assembly guilty of offence committed in prosecution
of common object
73. Promoter of an unlawful assembly liable as a member
74. Joining or continuing in assembly of five or more persons knowing that it has
been commanded to disperse
75. Wearing and carrying of emblem, flag etc.
76. Assaulting or obstructing public servant when suppressing riot, etc.
77. Disturbance of public peace
78. Inciting disturbance
CHAPTER 10
OFFENCES BY OR RELATING TO PUBLIC SERVANT
79. Public servants taking bribe in respect of official act
3
80. Taking bribe in order to influence public servant
81. Abetment by public servant of offences of offering or taking bribe
82. Offering or giving bribe to public servant
83. Public servant obtaining valuable thing without consideration from person
concerned in proceeding or business transacted by such public servant
84. Offering or giving valuable thing without consideration
85. Third person profiting by bribery
86. Public servant dishonestly receiving money or property not due
87. Public servant disobeying direction of Law with intent to cause injury or to save
person from punishment or property from forfeiture
88. Public servant framing incorrect document with intent to cause injury
89. Public servant in judicial proceedings acting contrary to Law
90. Wrong committal or confinement by public servant
91. Public servant intentionally omitting to arrest or aiding escape
92. Public servant negligently omitting to arrest or aiding escape
93. Public servant causing danger by omitting to perform his duty
94. Abandonment of duty by public servant
95. Public servant unlawfully purchasing property
96. Personating a public servant
97. Wearing dress or carrying token used by public servant
CHAPTER 11
CONTEMPT OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS
98. Absconding to avoid service of summons, notice or order
99. Preventing service or publication of summons, etc.
100. Failure to attend in obedience to an order from public servant
101. Failure to produce document to public servant
102. Failure to give notice or information to public servant
103. Furnishing false information
104. False information with intent to mislead public servant
105. Refusing oath or affirmation when duly required by public servant to make
106. Refusing to answer question of authorized public servant authorized to question
107. Refusing to sign statement
108. Resistance to taking of property by lawful authority of public servant
109. Obstructing sale of property offered for sale by authority of public servant
110. Removing property under lawful seizure
111. Illegal purchase or bid for property offered for sale by authority of public servant
112. Obstructing public servant in discharge of function
113. Failing to assist public servant when bound by Law to assist
114. Disobedience to order duly promulgated by public servant
115. Threat of injury to public servant

4
116. Threat of injury to induce person to refrain from applying for protection to public
servant
117. Intentional insult or interruption to public servant sitting in judicial proceeding

CHAPTER 12
FALSE EVIDENCE AND OFFENCES RELATING TO THE ADMINISTRATION OF
JUSTICE
118. Giving false evidence
119. Fabricating false evidence
120. Punishment for false evidence
121. Giving false evidence to procure conviction in capital offence
122. Giving false evidence to procure conviction of offence punishable with
imprisonment
123. Using evidence known to be false
124. Issuing or signing false evidence
125. Using as true a certificate known to be false
126. False statement in declaration which is by Law receivable as evidence
127. False translation
128. Destruction of document to prevent its production as evidence
Screening of Offenders
129. Causing disappearance of evidence of offence or giving false information to
screen offender
130. Taking bribe to screen an offender from punishment
131. Offering bribe in consideration of screening offender
132. Penalty for harbouring robber or brigand
Resistance to Arrest and Escape
133. Resistance or obstruction to lawful arrest of another person
134. Resistance, obstruction or escape by a person to lawful arrest
135. Resistance, obstruction or escape by a person to lawful arrest in cases not provided for
by Section 134
Fraudulent Dealings with Property
136. Fraudulent removal of property to prevent lawful seizure or execution
137. Fraudulent suffering decree or order for sum not due
138. Fraudulent obtaining decree for sum not due
139. Dishonest or fraudulent execution of deed of transfer containing statement or
consideration
Miscellaneous
140. Giving false information respecting an offence
141. Personation
142. Personation of a person named in certificate
143. Lending certificate for personation
144. Personation of a person named in a testimonial or character
5
145. Lending testimonial for personation
146. False charge of offence made with intent to injure
147. Taking bribe to help to recover stolen property
148. Influencing course of justice

CHAPTER 13
PUBLIC NUISANCE
149. Public nuisance
150. Unlawful use of external loudspeaker
151. Smoking in public place
152. Sale of food or drink not corresponding to description
153. Adulteration of food or drink intended for sale
154. Sale of adulterated food or drink
155. Sale of noxious food or drink
156. Adulteration of drug
157. Sale of adulterated drugs
158. Sale of drug as different drug or preparation
159. Fouling water of public well or reservoir
160. Making atmosphere noxious to health
161. Exhibition of false light, mark or buoy
162. Obstruction in public way or line of navigation
163. Employees engaged on work of public utility ceasing work without notice
164. Negligent conduct causing danger to person or property
165. Negligent conduct with respect to animal
166. Punishment for public nuisance in cases not otherwise provided for
167. Continuance of nuisance after injunction to discontinue
168. Obscene or indecent acts
169. Keeping a brothel
170. Sale of obscene books, etc.
171. Obscene songs etc.

CHAPTER 14
LOTTERIES AND GAMING HOUSES
172. Definition of lottery
173. Keeping gaming house or lottery office
174. Offences relating to lotteries

CHAPTER 15
OFFENCES RELATING TO ANIMALS
175. Ill-treatment of domestic animals
6
176. Over-riding and neglect of animals
177. Power to order temporary custody or destruction of animal

CHAPTER 16
OFFENCES RELATING TO RELIGION
178. Insulting or exciting contempt of religion
179. Injuring or defiling place of worship
180. Disturbing religious assembly
181. Committing trespass on place of worship or funeral ceremony

CHAPTER 17
OFFENCES RELATING TO ORDEAL, WITCHCRAFT AND HARMFUL PRACTICE OF
RELIGION
182. Trial by ordeal
183. Harmful practice of religion
184. Offences relating to witchcraft
185. Criminal charms
186. Cannibalism
187. Unlawful possession of human part

CHAPTER 18
OFFENCES AFFECTING THE HUMAN BODY

Offences Affecting Life

188. Culpable homicide
189. Culpable homicide punishable with death
190. When culpable homicide is not punishable with death
191. Culpable homicide by causing death of person other than person whose death
was intended
192. Culpable homicide punishable with imprisonment
193. Death caused with intention to cause hurt only
194. Death caused in act of committing offence
195. Abetment of suicide of child or insane person
196. Abetment of suicide
197. Attempt to commit suicide
198. Attempt to commit culpable homicide
199. Attempt to commit culpable homicide not punishable with death
Causing Miscarriage, Injuries to Unborn Children, Exposure of Infants, Cruelty to
Children and Concealment of Births
200. Causing abortion
201. Death caused by act done with intent to cause abortion
202. Causing abortion unintentionally
7
203. Act done with intent to prevent child being born alive or to cause it to die after
birth
204. Causing death of quick unborn child by act amounting to culpable homicide
205. Abandonment of child or an adult
206. Cruelty to person
207. Indecent treatment of a child
208. Defilement of a child
209. Child stealing
210. Desertion of pregnant woman or girl child
211. Concealment of birth
212. Hurt
213. Grievous hurt
214. Voluntarily causing hurt
215. Voluntarily causing grievous hurt
216. Voluntarily causing hurt on provocation
217. Voluntarily causing grievous hurt on provocation
218. Voluntarily causing hurt without provocation
219. Voluntarily causing grievous hurt without provocation
220. Voluntarily causing hurt or grievous hurt by dangerous means
221. Causing hurt by means of poison with intent to commit an offence
222. Voluntarily causing hurt to extort property or to constrain to an illegal act
223. Voluntarily causing hurt to extort confession or compel restoration of property
224. Voluntarily causing hurt or grievous hurt to deter public servant from his duty
225. Causing hurt by act endangering life or personal safety of others

Wrongful Restraint and Wrongful Confinement

226. Wrongful restraint
227. Wrongful confinement
228. Punishment for wrongful restraint
229. Punishment for wrongful confinement
230. Wrongful confinement after warrant or order or writ issued for production or
liberation
231. Wrongful confinement in secret
232. Wrongful confinement to extort property or constraint to commit an illegal act
233. Wrongful confinement to extort confession or compel restoration of property

Criminal Force and Assault

234. Force
235. Criminal force
236. Assault
237. Punishment for assault or criminal force without provocation
8
238. Punishment for assault or criminal force with provocation
239. Assault or criminal force to deter public servant from discharge of his duty
240. Assault or criminal force on woman with intent to outrage modesty
241. Assault or criminal force in attempt to commit theft of property carried by a
person
242. Assault of criminal force in attempt to wrongfully confine a person

Kidnapping, Abduction and Forced Labour

243. Kidnapping
244. Conspiracy, attempt and threat to commit kidnapping
245. Aiding, abetting or assisting the escape of offender
246. Harbouring a kidnapped person, knowingly negotiating to obtain payment and
knowingly receiving ransom
247. Procurement of person
248. Importation of a person from foreign country
249. Concealing of keeping in confinement kidnapped or abducted person
250. Buying or selling of a person for immoral purposes
251. Traffic in person
252. Unlawful compulsory labour

Rape, Unnatural and Indecent Offences

253. Rape
254. Punishment for rape
255. Unnatural offences
256. Acts of gross indecency
257. Unlawful detention with intent to have unlawful sexual intercourse
258. Sexual harassment
259. Trans-sexual offences.
260. Intentional aiding or abetting transposition into the opposite sex
261. Attempt to transpose a person into the opposition sex
262. Forfeiture or destruction of property, facility or instrument used for transposition
into the opposite sex
263. Prohibition of illicit drink or concoction
264. Punishment of sale of illicit drink or concoction
265. Punishment for consumption of illicit drink or concoction

CHAPTER 19
TERRORISM
266. Terrorism
267. Offences relating to terrorism and punishment

9
 CHAPTER 20
OFFENCES AGAINST PROPERTY

Theft
268. Theft
269. Punishment for theft
270. Cattle rustling
271. Theft in dwelling house
272. Theft by clerk or servant of property in possession of master
273. Theft by preparing to cause death, hurt or restraint in order to commit theft

Extortion
274. Extortion
275. Punishment for extortion
276. Putting person in fear of injury in order to commit extortion
277. Extortion by putting a person in fear of death or grievous hurt
278. Extortion by threat of accusation of an offence punishable with death

Robbery and Brigandage

279. Robbery
280. Brigandage
281. Punishment for robbery
282. Punishment for attempt robbery
283. Causing hurt in committing robbery
284. Punishment for brigandage
285. Brigandage with culpable homicide
286. Robbery or brigandage with attempt to cause death or grievous hurt
287. Making preparation to commit brigandage
288. Belonging to gang of brigands
289. Belonging to gang of wandering brigands
290. Assembling for purpose of committing brigandage

Criminal Misappropriation
291. Criminal misappropriation defined
292. Punishment for criminal misappropriation
293. Criminal misappropriation of property possessed by deceased person at the time
of his death

Criminal Breach of Trust

294. Criminal breach of trust
295. Punishment for criminal breach of trust
296. Criminal breach of trust by carrier etc
10
297. Criminal breach of trust by clerk or servant
298. Criminal breach of trust by public servant or by banker, merchant or agent

Receiving Stolen Property

299. Stolen property
300. Dishonestly receiving stolen property
301. Dishonestly receiving property stolen in the commission of brigandage or robbery
302. Assisting in concealment of stolen property
303. Having possession of thing reasonably suspected of being stolen

Cheating
304. Cheating
305. Punishment for cheating
306. Cheating by personation
307. Punishment for cheating by personation
308. Cheating person whose interest offender is bound to protect
309. Cheating and dishonestly inducing delivery of property

Mischief
310. Mischief
311. Punishment for mischief
312. Mischief by killing or maiming cattle, etc
313. Mischief in relation to water supply
314. Mischief by injury to public road, bridge, river or channel
315. Mischief by inundation or obstruction to public drainage
316. Mischief in relation to electricity and telecommunication
317. Mischief by destroying or moving a public land mark
318. Mischief by fire or explosive with intent to destroy house, etc
319. Mischief to vessel
320. Mischief by fire to vessel
321. Running vessel aground or shore with intent to commit theft
322. Mischief committed after preparation made for causing death or hurt

Criminal Trespass
323. Criminal trespass
324. House trespass
325. Lurking house trespass
326. Lurking house trespass by night
327. House breaking
328. House breaking by night
329. Punishment for criminal trespass
330. Punishment for house trespass
11
331. Punishment for House trespass to commit offence punishable with death, etc.
332. Punishment for Lurking or house breaking
333. Punishment for Lurking house trespass or house breaking by night
334. Joint liability for lurking house trespass or house breaking by night where death
or grievous hurt caused
335. Breaking open receptacle containing property
336. Breaking open receptacle by person entrusted with custody
337. Lurking with house breaking implement
338. Fabrication of false key or instrument

CHAPTER 21
FORGERY AND PROPERTY MARKS

Forgery
339. Making a false document
340. Forgery and forged document
341. Punishment for forgery
342. Forgery of public seals
343. Using as genuine a forged document
344. Making or possessing counterfeit seal with intent to commit forgery
345. Possession of forged record
346. Counterfeiting device or mark used for authenticating document
347. Fraudulent cancelation or destruction of document of title
348. Falsification of accounts

Property and Other Marks

349. Property mark
350. Using a false property mark
351. Punishment for using a false property mark
352. Counterfeiting a property mark used by another
353. Counterfeiting a mark used by a public servant
354. Making or possession of any instrument for counterfeiting a property mark
355. Making of false mark upon any receptacle containing goods
356. Making use of any such false mark
357. Tampering with property mark

CHAPTER 22
CRIMINAL BREACH OF CONTRACT OF SERVICE
358. Breach of contract of service during voyage or journey
359. Breach of contract to attend on and supply needs of helpless person

12
 CHAPTER 23
OFFENCES RELATING TO MARRIAGE AND INCEST
360. Deceitfully inducing belief of lawful marriage
361. Bigamy
362. Re-marriage with concealment of former marriage
363. Marriage ceremony fraudulently gone through without lawful marriage
364. Punishment for adultery
365. Enticing or taking away or detaining with criminal intent a spouse
366. Incest

CHAPTER 24
DEFAMATION
367. Defamation defined and exceptions thereto
368. Punishment for defamation
369. Injurious falsehood
370. Printing or engraving matter known to be defamatory
371. Sale of printed or engrave substance containing defamatory matter

CHAPTER 25
CRIMINAL INTIMIDATION, INSULT, ANNOYANCE AND DRUNKENNESS
372. Criminal intimidation
373. Punishment for criminal intimidation
374. Criminal intimidation by an anonymous communication
375. Use of insulting or abusive language
376. Word, gesture or act intended to insult the modesty of a person
377. Drunkenness in a public place
378. Drunkenness in a private place
379. Drinking alcoholic
380. Effect of previous conviction under Sections 377, 378 and 379

CHAPTER 26
IDLE PERSON AND VAGABOND
381. Idle person and vagabond
382. Penalty on conviction as idle person
383. Penalty on conviction as vagabond
384. Evidence of intent to commit an offence

CHAPTER 27
THUGS AND THUGGERY
385. Weapon
386. Thuggery without weapon
13
387. Thuggery with weapon
388. Sponsors of thuggery and punishment
389. Unlawful possession of weapon

CHAPTER 28
USE OF PREMISES FOR THE PURPOSE OF COMMITTING AN OFFENCE
390. Unlawful use of premises
391. Punishment for unlawful use of premises

CHAPTER 29
FEDERAL OFFENCES AND FIAT OF FEDERAL ATTORNEY-GENERAL
392. Federal offences committed within the State
393. Obtaining fiat of the Attorney-General of the Federation

CHAPTER 30
REPEAL AND SAVINGS
394. Repeal
395. Savings and transition

14
 A Law to establish Penal Code Law of the State to penalize crimes
established under the Law and for connected matters

Katsina State of Nigeria

Law No. …….. of 2021

( ) Date of
commencement

BE IT ENACTED by the House of Assembly of Katsina State Enactment

of Nigeria as follows
1. This Law may be cited as the Katsina State Penal Short title and
commencement
Code Law and shall come into operation on the.......day
of………………………..…, 2021.
CHAPTER 1
GENERAL DEFINITION AND EXPLANATION
2. In this Law: Interpretation

“act” denotes a single act as well as series of acts;

“animal” in the context of this Law, does not include
human beings;
“bribe” means something offered to or taken by a
person in position of trust to induce or influence his
judgment or decision;
“child” means any person under the age of eighteen
years;
“counterfeit” means making something not genuine to
look like something real, a person is said to conterfeit
by causing one thing to resemble another thing
intending by means of that resemblance to practice
deception or knowing it to be like that deception will
thereby be practiced;
“Court of Justice” includes every civil or criminal Court
established by any Act or Law in force in Nigeria or
15
deemed to be so established and every person or
body of persons exercising judicial functions in the
State by virtue of any Act or Law;

“death” denote death of human being unless the

context provides otherwise;
“dishonesty” means insincerity and deception, a
person is said to do a thing dishonestly who does
something with the intention of causing a wrongful
gain to himself or another or of causing wrongful loss
to any other person;
“disturbance of public peace” means a situation in
which people behave violently, unruly or recklessly in
a public place;
“document of title” denotes a document which is or
purports to be a document whereby a legal right is
created, extended, transferred, restricted, extingui-
shed, released, acknowledged or established;
“effect caused partly by act and partly by omission”
means wherever the causing of a certain effect or an
attempt to cause that effect by an act or by an
omission is an offence, it is to be understood that the
causing of the effect or the attempt to cause that
effect partly by an act and partly by an omission is
also an offence;
“Foreign Government” means any Government other
than a Government within the Federation of Nigeria;
“fraudulently” means when a person does a thing
deceitfully or with intent to cheat, deceive or mislead
and by means of such deceit obtains some advan-
tages for himself or another or to cause loss to any
other person;
“gaining wrongfully” means to retain or to get
something unjustly, a person is said to gain
wrongfully when such person retains and acquires
unlawfully as well as when such person acquires
16
wrongfully;
“gender” means male or female, the pronoun “he”
and its derivatives are used of any person whether
male or female;
“good faith” means something done or believed to be
done honestly or without malice;
“Government” means the Government in the Federal
Republic of Nigeria or the State;
“harbour” means to hide something or some person,
a person is said to harbour another person who has
committed or intends to commit an offence or who is
seeking to evade arrest when he hides, supplies that
other with shelter, food, drink, money, clothes, arms,
ammunition, or means of conveyance, or assists that
other in any way to evade arrest or to commit an
offence;
“injury” denotes any harm whatsoever illegally caused
to any person, in body, mind, reputation, property, or
the loss of a legal right;
“invalid consent” means improper consent, consent is
not such consent as is intended by any Section of this
Law, if the consent is given:
(a) by a person under fear of injury or under
a misconception of fact, and if the person
doing the act knows or has reason to
believe that the consent was given in
consequence of such fear or
misconception;
(b) by a person who, from unsoundness of
mind or intoxication, is unable to
understand the nature and consequence
of that to which he gives his consent; or
(c) by a child;
“illegal” means everything which is prohibited by Law
and which is an offence under any Law for the time
17
being in force;
“judicial proceeding” includes any proceeding in the
course of which it is lawful to take evidence on oath;
“legally bound to do” means a person is “legally”
bound to do not only whatever he is bound by Law to
do but also everything the omission to do by him
which is an offence or furnishes a ground for a civil
action;
“life” denote the life of a human being unless it
otherwise appears from the context;
“life imprisonment” means imprisonment for the rest
of the life of a convict;
“likely” connotes an act as likely to have a certain
consequence or to cause a certain effect if the
occurrence of that consequence or effect would cause
no surprise to a reasonable person;
“losing wrongfully” means losing improperly, a person
is said to lose wrongfully when such person is
wrongfully kept out of any property as well as when
such person is wrongfully deprived of property, an
advantage or reputation;
“Magistrate” denotes a Magistrate under the
Administration of Criminial Justice Law of the State;
“man” denotes a male human being of any age;
“month” is to be understood as the month reckoned
according to the Gregorian Calendar, and where
applicable Islamic calendar;
“movable property” includes corporeal property of
every description except land and things attached to
the earth or permanently fastened to anything which
is attached to the earth;
“number” means, unless the contrary appears from
the context, words importing the singular number to
include the plural number and words importing the

18
plural number to include the singular number;
“Oath” includes a solemn affirmation and any
declaration required or authorized by Law to be made
before a public servant or to be used for the purpose
of proofs, whether in a Court of Justice or not;
“obscene” means words, behaviour and such like
which are offensive or disgusting by moral standard;
“offence” means an offence under any written Law for
the time being in force;

“omission” means deliberate or negligent failure to do

something and also denotes a series of omissions as
well as a single omission;
“person” includes any company or association or body
of persons, whether incorporated or not;
“Police officer” in the context of this Law means all
men and officers of the Nigeria Police Force and
includes officers of all other law enforcement
Agencies recognized by Law;
“probable” an effect is said to be a probable
consequence of an act if the occurrence of that
consequence would be considered by a reasonable
man to be the natural and normal effect of the act;
“property in possession of spouse, clerk or servant”
means the person’s own property in the possession of
a person’s wife or husband, clerk or servant on
account of that person, it is in that person’s
possession within the meaning of this Law;
“provocation” means such grave and sudden action
that annoys to make a person loose self control as
provided under any Section of this Law which
modifies the nature of an offence or mitigates the
penalty which may be imposed and shall not be
deemed to include:

19
 (i) provocation sought or voluntarily pro-
voked by the offender as an excuse for
committing an offence;
(ii) provocation given by anything done in
obedience to the Law or by any public
servant in the lawful exercise of the
powers of such public servant; and
(iii) provocation given by anything done in
lawful exercise of the right of private
defence.
“public lottery” means a lottery or gambling that any
class of the public has, or may have access, and every
lottery shall, until the contrary is proved, be deemed
to be a public lottery;
“public servant” is as defined in the Constitution of
the Federal Republic of Nigeria, and includes political
office holders;

“public place” means a location or space to all

members of a community especially provided by the
National, State or Local authority and shall include
schools, hospitals, market places, churches, mosques,
recreation centres, vessels, taxies, commercial buses,
aircrafts, motor parks and Government offices;
“reason to believe” means existence of circumstances
to cause a belief in a state of affairs, a person is said
to have reason to believe a thing if he has sufficient
cause to believe that thing but not otherwise;
“sense of expression once explained” means every
expression which is explained in any part of this Law,
is used in every part of this Law in conformity with
the explanation, unless the subject or sense of the
context otherwise requires;
“smoking” in the context of this Law, means to inhale
or exhale smoke from a burning cigarette or cigar,
pipe and includes electronic smoking;
20
“State” means Katsina State of Nigeria;
“the public” includes any class or section of the
people in the State;
“thuggery” means any criminal or violent act capable
of disturbing public peace or threatening the peace
and liberty of an individual;
“thugs’ means any person or group of persons who
commit the act of thuggery;
“vagabond” means a person who has no home and
wanders about aimlessly in the society and generally
described in Sub-Section (2) of Section 381 of this
Law;
“vessel” denotes anything made for the conveyance
by water of human beings or of property;
“voluntarily” means willingly and intentionally, a
person is said to cause an effect voluntarily when he
intends to cause it or by means which, at the time of
employing those means, he knows or has reason to
believe to be likely to cause it;
“Witch” means a person who is believed to have
magical powers, especially to do evil things;
“wizard” means a man who is believed to posses
magical powers especially to do evil things;
“woman” denotes a female human being of any age;
“words referring to acts” means that in every part of
this Law, words which refer to acts done also extend
to illegal omissions, except where the contrary
intention appears from the context;
“writing” denotes any mark made upon paper or other
substance to express word or idea, and includes mark
made by printing, lithography, photography,
engravement, electronic means or any other process;
and the word “document” signifies any writing
intended to be used or which may be used as
21
 evidence of the matter expressed thereby;
“wrongful gain” is gain by unlawful means of property
to which the person gaining is not legally entitled;
“wrongful loss” is loss by unlawful means of property
to which the person losing it is legally entitled;
“Year” is to be understood as the year reckoned
according to the Gregorian Calendar or Islamic
calendar as the case may be;
“young person” means a person who has attained the
age of fourteen and has not attained the age of
eighteen years.
3.(1) Every person shall be liable to punishment under this Punishment
for offences
Law for every act or omission contrary to the provisions thereof committed in
for which he shall be guilty within the State. the State
(2) On commencement of this Law no person shall be
liable to punishment under any native Law or Custom.
(3) For the purpose of this Section, native Law and
Custom does not include Islamic Law.
4.(1) Where, by the provisions of any Law of the State, the Offences against
Laws of the
doing of any act or the making of any omission is made an State
offence, those provisions shall apply to every person who is in
the State at the time of his doing the act or making the omission.
(2) Where any such offence comprises several elements
and any act, omission or event occurs which, if they all occurred
in the State would constitute an offence, and any of such acts,
omission or events occur in the State, although the other acts,
omissions or events, which if they occurred in the State would be
elements of the offence, occur elsewhere than in the State then:-
(a) if the act or omission, which in the case of an offence
committed wholly or partly in the State would be the initial
element of the offence occurs in the State, the person who does
such act or makes that omission is guilty of an offence of the
same kind and is liable to the same punishment as if all the
subsequent elements of the offence occurred in the State.
b) if that act or omission occurs elsewhere than in the
22
State and the person who does that act or makes that omission
afterwards enters the State, he is by such entry guilty of an
offence of the same kind, and is liable to the same punishment,
as if that act or omission occurred in the State and he had been
in the State when it occurred
(3) The provisions of Sub-Section (2) do not extend to a
case in which the only material event that occurs in the State is
the death of a person whose death is caused by an act or
omission at a place outside, and at a time when that person was
outside the State.
5.(1) When by the Law any act is declared to be lawful, no Civil remedies
action shall be brought in respect thereof.
(2) Except as aforesaid, the provisions of this Law shall
not affect any right of action which any person would have had
against another if this Law had not been passed, nor shall the
omission from this Law of any penal provision in respect of any
act or omission which before the time of the coming into
operation of this Law constituted an actionable wrong affect any
right of action in respect thereof.

6. Nothing in this Law shall affect the authority of Courts Contempt of

Court
of records to punish a person summarily for the offence
commonly known as contempt of Court and on conviction
sentence the offender to a fine not exceeding Twenty Thousand
Naira (N20,000.00) and in default of payment to imprisonment
for a term which may extend to one month, unless such fine is
sooner paid.

CHAPTER 2
CRIMINAL RESPONSIBILITY
7. A person is presumed, unless the contrary is proved, Common
knowledge
to have knowledge of any material fact if such fact is a matter of
common knowledge.
8. A person who does an act in a state of intoxication is Presumption of
knowledge of
presumed to have the same knowledge as he would have had if an intoxicated
he had not been intoxicated. person

23
 9. Nothing is an offence which is done by any person Act done by
person bound or
who is justified by Law, or who by reason of a mistake of fact and justified by Law
not by reason of a mistake of Law, in good faith believes himself
to be justified by Law in doing it.
10. Nothing is an offence which is done by a person when Act of Court
of Justice
acting judicially as a Court of Justice or as a member of a Court
of Justice in the exercise of any power which is or which in good
faith he believes to be given to him by Law.
11. Nothing which is done in pursuance of or which is Act done
pursuant to the
warranted by the judgment or order of a Court of Justice, if done judgment or
whilst such judgment or order remains in force, is an offence, order of Court
notwithstanding that the Court may have had no jurisdiction to
pass such judgment or order, provided the person doing the act
in good faith believes that the Court had such jurisdiction.
12. Nothing is an offence which is done by accident or Accident in
doing a lawful
misfortune and without any criminal intention or knowledge in the act
course of doing a lawful act in a lawful manner by lawful means
and with proper care and caution.
13.(1) Nothing is an offence by reason of any injury which Act likely to
it may cause or be intended by the doer to cause or be known by cause injury but
done without
the doer to be likely to cause, if it be done without any criminal
criminal intent
intention to cause injury and in good faith for the purpose of and to prevent
preventing or avoiding other injury to person or property or of other injury or
benefiting the person to whom injury is or may be caused. to benefit
person injured
Provided:
(i) that having regard to all the circumstances of the
case, the doing of the thing was reasonable; and

(ii) that, where the circumstances so required, the thing

is done with reasonable care and skill.

(2) This Section shall not apply to the intentional causing

of death or to the attempt to cause death in order to prevent or
avoid injury to property only except as is provided for in Sections
29 and 30 of this Law.

24
 (3) The death of a person shall under no circumstances
be deemed to be for the benefit of that person.

(4) Mere pecuniary benefit is not benefit within the

meaning of this Section.
14. No act is an offence which is done: Age of
Culpability
(a) by a child under seven years of age; or
(b) by a child above seven years of age but under
twelve years of age who has not attained
sufficient maturity of understanding to judge the
nature and consequence of such act.
15. Nothing is an offence which is done by a person who, Act of person of
unsound mind
at the time of doing it, by reason of unsoundness of mind, is
incapable of knowing the nature of the act, or that he is doing
what is either wrong or contrary to the Law.
16. Nothing is an offence which is done by a person who, Involuntary
intoxication
at the time of doing it, is by reason of intoxication caused by
something administered to him without his knowledge or against
his will, incapable of knowing the nature of the act, or that he is
doing what is either wrong or contrary to Law.
17.(1) No act is an offence by reason of the injury it has Act not intended
to cause death
caused to the person or property of any person who, being above or grievous hurt
the age of eighteen years, has voluntarily and with understanding done by consent
given his consent express or implied to the act.
(2) This Section shall not apply to acts which are likely to
cause death or grievous hurt which constitute offences
independently of any injury which they are capable of causing to
the person who has given his consent or to his property.
18. Nothing, which is not intended to cause death, is an Act not intended
to cause death
offence by reason of any harm which it may cause, or be done by consent
intended by the doer to cause, or be known by the doer to be for a person’s
likely to cause, to any person for whose benefit it is done in good benefit
faith, and who has given a consent, whether express or implied,
to suffer that harm, or to take the risk of that harm.

25
 19. Nothing is an offence which does not amount to the Correction of
child, pupil,
infliction of grievous hurt upon any person and which is done: servant or wife
(a) by a parent or guardian for the purpose of
correcting his child or ward;
(b) by a school master for the purpose of correcting
a child entrusted to his charge;
(c) by a master for the purpose of correcting his
servant or apprentice being a child; or
(d) by a husband for the purpose of correcting his
wife such husband and wife being subject to
any law or custom in which such correction is
recognised as lawful;
Provided that the material or instrument or thing used for
such correction is of such a kind that will normally not cause any
harm to the person corrected and such correction is not
excessive.
20. No communication made in good faith is an offence Communication
made in good
by reason of any harm to the person to whom it is made, if it is faith
made for the benefit of that person.
21. Except culpable homicide and offences against the Act to which
A person is
State punishable with death, no act is an offence which is done compelled
by a person who is compelled to do it by threats which at the by threats
time of doing it reasonably caused the apprehension that instant
death to that person will otherwise be the consequence;
Provided that the person doing the act did not, of his own
accord or from apprehension of harm to himself short of instant
death, place himself in the situation by which he became subject
to such compulsion.
22. Nothing is an offence by reason that it causes or that Act causing
slight harm
it is intended to cause or that it is likely to cause any injury if that
injury is so slight that no person of ordinary sense and temper
would complain of such injury.

23. Nothing is an offence which is done in the lawful Act done in

private defence
exercise of the right of private defence.

26
 24. Every person has a right, subject to the restriction Right of private
defence
hereinafter contained, to defend:
(a) his own body and the body of any other
person against any offence affecting the
human body; and
(b) the property whether movable or immo-
vable of himself or of any other person
against any act, which is an offence falling
under the definition of theft, robbery,
mischief or criminal trespass or which is
an attempt to commit theft, robbery,
mischief or criminal trespass.
25. When an act, which would otherwise be a certain Right of private
defence against
offence is not that offence by reason of tender age, the want of act of a person of
maturity of understanding, the unsoundness of mind or the unsound mind,
intoxication of the person doing that act or by reason of any etc.
misconception on the part of that person, every person has the
same right of private defence against that act which he would
have if the act were that offence.
26. The right of private defense in no case extends to the General limit of
right of private
inflicting of more harm than is necessary to inflict for the purpose defence
of defence.
27. There is no right of private defence in cases in which No right of
private defence
there is time to have recourse to the protection of the public when protection
authorities. of public autho-
rities available
28. There is no right of private defence against an act
Limitation of
which does not reasonably cause the apprehension of death or of right of private
grievous hurt, if done or attempted to be done: defence against
(a) by a public servant acting lawfully and in act of public
good faith; or servant
(b) by the direction of a public servant acting
lawfully and in good faith.
29. The right of private defence of the body extends, When right of
private defence
under the restrictions mentioned in Sections 26 and 27 of this of the body
Law, to the voluntary causing of death only when the act to be extends to
repelled is of any of the following descriptions, namely: causing death
27
 (a) an attack which causes reasonable
apprehension of death or grievous hurt;
(b) rape or an assault with the intention of grati-
fying unnatural lust; or
(c) abduction or kidnapping.
30. The right of private defence of property extends, When right of
private defence
under the restrictions mentioned in Section 26 and 27 of this of property
Law, to the voluntary causing of death only when the act to be extends to
repelled is of any of the following descriptions, namely: causing death
(a) robbery;
(b) house breaking by night;
(c) mischief by fire committed on any building, tent
or vessel, which building, tent or vessel is used
as a human dwelling or as a place for the
custody of property; or
(d) theft, mischief or house trespass in such cir-
cumstances as may reasonably cause appre-
hension that, if such right of private defence is
not exercised, death or grievous hurt will be the
consequence.
31. If, in the exercise of the right of private defence Right of private
defence against
against an assault, which reasonably causes the apprehension of deadly assault
death, the defender be so situated that he cannot effectively when there is
exercise that right without risk of harm to an innocent person, his risk of harm to
right of private defence extends to the running of that risk. innocent person

CHAPTER 3
PUNISHMENTS AND COMPENSATION
32.(1) The punishments to which offenders are liable under Punishment and
Compensation
the provisions of this Law are:
(a) death;
(b) forfeiture of property;
(c) destruction of property;
(d) imprisonment;
(e) detention in a reformatory;
28
 (f) fine;
(g) community service;
(h) service at rehabilitation and correctional
centre; and
(i) caning.
(2) Any person who is convicted of an offence under this
Law, may be adjudge to make compensation to any person
injured by the offence and such compensation may be either in
addition to or in substitution for any other punishment.
(3) Offenders who are of the Muslim faith may in addition
to the punishments specified in Sub-Section (1) be liable to the
punishgment of Haddi lashing as prescribed by Islamic Law for
offences contrary to Sections 364, 368, 369, 377, 378, 379 and
380 of this Law.
(4) For any offence not punishable with death, a sentence
of caning may be passed by any Court whether trying a case
summarily or otherwise on any offender in lieu of or in addition to
any other punishment to which he might be sentenced.
33. No sentence of imprisonment shall be passed on any Limitation on
Punishment
person who in the opinion of the Court is a child.
34. When an offender who has completed his Special provision
for child offen-
seventeenth but not completed his eighteenth year of age is ders
convicted by a Court of any offence, the Court may, instead of
passing the sentence prescribed by Law, deal with such offender
in accordance with the provision of the Child Protection Law.
35. Where no sum is expressed to which fine may extend, Amount of fine
the amount of fine to which the offender is liable is unlimited but
shall not exceed the jurisdiction of the Court imposing it and shall
not be excessive.
36. Whenever an offender is sentenced to a fine, with or Sentence of
imprisonment for
without imprisonment under this Law, the Court which sentences default
the offender may direct by the sentence that in default of payment of fine
payment of the fine, the offender shall be committed to custody where offence is
for a certain term, which term shall not be in excess of any other punishable with
fine
term of imprisonment to which he may have been sentenced or
to which he may be liable under a commutation of a sentence.
29
 37. If an offence is punishable with imprisonment and Imprisonment in
default of
fine, the Court may direct that in default of payment, the payment of fine
offender shall be imprisoned in accordance with the scale of where offence is
imprisonment for non-payment of fine in accordance with the punishable with
fourth Schedule of the Administration of Criminal Justice Law. imprisonment and
fine
38. Where a fine or any part thereof remains unpaid, the Fine not
Discharged
offender or his estate, if he is dead, is not discharged from by death
liability to pay the fine or the unpaid part thereof.
39. When the same act falls within the definition of more Limit of punish-
ment when act
than one offence or when an offence consists of a series of acts within definition
each of which or any one or more of which constitute the same of more than
or some other offence, the offender shall not, unless it be one offence or
otherwise expressly provided, be punished with a more severe when offence is
made up of
punishment than the Court which tries him could award for any several offences
one of such offences.
40. In any trial for an offence under this Law, the fact that Consideration of
unaccounted
a defendant is in possession of pecuniary resource or other thing resources
for which he cannot satisfactorily account for or which is
disproportionate to his known sources of income, may be proved
and taken into consideration by the Court as corroborating the
testimony of any witness in the trial.

CHAPTER 4
JOINT ACTS
41. When a criminal act is done by several persons in Act done by
several persons
furtherance of the common intention of all, each of such persons in furtherance
is liable for that act in the same manner as if it were done by him of common
alone. intention

42. Whenever an act, which is criminal only by reason of When such act
is criminal by
its being done with a criminal knowledge or intention, is done by reason of its
several persons, each of such persons who joins in the act with being done with
such knowledge or intention is liable for the act in the same a criminal
manner as if the act were done by him alone with that knowledge knowledge or
intention
or intention.

30
 43. When an offence is committed by means of several Co-operation by
doing one of
acts, whoever intentionally co-operates in the commission of that several acts
offence by doing any one of those acts either singly or jointly constituting an
with any other person, commits that offence. offence

44. Where several persons are engaged or concerned in Persons

concerned
the commision of a criminal act each person may be guilty of a in criminal
different offence or offences by means of that act. act may be
guilty of differ-
rent offences
CHAPTER 5
ABETMENT
45. A person abets the doing of a thing who: Abetment
(a) counsels or instigates any person to do
that thing;
(b) engages with one or more persons in any
conspiracy for the doing of that thing; or
(c) with intention aids or facilitates by any act
or illegal omission the doing of that thing.

46. A person capable by Law of committing an offence Abetment of

offence
abets an offence if with the same intention or knowledge as the
abetor he abets the commision of an offence or the commission
of an act which would be an offence.

47. Whoever abets any offence shall, if the act abetted is Abetment if the
act abetted is
committed in consequence of the abetment and no express committed in
provision is made by this Law or by any other Law for the time consequence and
being in force for the punishment of such abetment, be punished where no express
with the punishment provided for the offence. provision is made
for its punishment

48. Whoever abets the commission of an offence shall, if Abetment if

the person abetted does the act with a different intention or person abetted
knowledge from that of the abettor, be punished with the does the act with
punishment provided for the offence which would have been different intention
from that of
committed if the act had been done with the intention or abettor
knowledge of the abetor and with no other.

31
 49. When an act is abetted and a different act is done Liability of abettor
when one act
and the act done was a probable consequence of the abetment abetted and
and was committed under the influence of the instigation or in different act done
pursuance of the conspiracy or with the aid which constituted the
abetment, the abetor is liable for the act done in the same
manner and to the same extent as if he had directly abetted it.
50. If the act for which the abettor is liable under Section Abettor when
liable to
49 is committed in addition to the act abetted and constitutes a cumulative
distinct offence, the abettor is liable to punishment for each of punishment for
the offences. act abetted and
for act done
51. When an act is abetted with the intention on the part Liability of abettor
for an effect
of the abettor of causing a particular effect and an act for which caused by the act
the abettor is liable in consequence of the abetment causes a abetted different
different effect from that intended by the abettor, the abettor is from that
liable for the effect caused in the same manner and to the same intended by
abettor
extent as if he had abetted the act with the intention of causing
that effect, provided he knew that the act abetted was likely to
cause that effect.

52. Whenever any person who if absent would be liable to Abettor present
when offence
be punished as an abettor is present when the act or offence for committed liable
which he would be punished in consequence of the abetment as principal
committed, he shall be deemed to have committed such act or
offence.

53.(1) Whoever abets the commission of an offence Abetment of

offence
punishable with death or imprisonment for life shall, if no offence punishable with
committed in consequence of the abetment and no express death or
provision is made by this Law or by any other Law for the time imprisonment for
being in force for the punishment of such abetment, be punished life if offence not
committed
with imprisonment for a term which shall not be less than Five
(5) years and not exceeding Seven (7) years and shall also be
liable to fine of not less than Two Hundred and Fifty Thousand
Naira (N250,000).

32
 (2) If the abettor is a public servant whose duty it is to
prevent the commission of such offence, he shall be liable to
imprisonment for a term which shall not be less than seven (7)
years and not exceeding Ten (10) years and shall also be liable to
fine of not less than Three Hundred Thousand Naira (N300,000).

54.(1) Whoever abets an offence punishable with Abetting of

offence
imprisonment shall, if that offence is not committed in punishable with
consequence of the abetment and no express provision is made imprisonment if
in this Law or any Law for the time being in force for the offence is not
punishment of such abetment, be punished with imprisonment committed
for a term which may extend to One Fourth (1/4) of the longest
term provided for the offence or with such fine as is provided for
that offence or both.
(2) If the abettor is a public servant whose duty it is to
prevent the commission of such offence, he shall be punished
with imprisonment for a term which may extend to one half (1/2)
of the longest term provided for that offence or with such fine as
is provided for the offence or both.
55. Whoever abets the commission of an offence by the Abetting
commission of
public generally or by any number or class of persons exceeding offence by the
ten, shall be punished with imprisonment for a term which shall public or by more
not be less than three (3) years and not exceeding five (5) years than ten persons
or with fine of not less than One Hundred Thousand Naira or
both.

56. Whoever administers or takes or is present at and Administering of

unlawful oaths
consents to the administering of any oath or engagement in the
nature of an oath purporting to bind the person who takes it to
commit any offence, shall be punished:

(a) With imprisonment for a term which shall

not be less than Five (5) years and not
exceeding Seven (7) years or with fine of
not less than Two Hundred Thousand
Naira (N200,000) or both; and

33
 (b) If the offence is an offence punishable
with death, with imprisonment for life;

CHAPTER 6
ATTEMPT TO COMMIT OFFENCES PUNISHABLE WITH
IMPRISONMENT
57. Whoever attempts to commit an offence punishable Attempt to
commit offences
with imprisonment or to cause such an offence to be committed punishable with
and in such attempt does any act towards the commission of the imprisonment
offence shall, where no express provision is made by this Law or
any Law for the time being in force for the punishment of such
attempt, be punished with imprisonment for a term which may
extend to one half (1/2) of the longest term provided for that
offence or with such fine as is provided for the offence or both.

CHAPTER 7
CRIMINAL CONSPIRACY
58.(1) When two or more persons agree to do or cause to Criminal
conspiracy
be done:
(a) an illegal act; or
(b) an act which is not illegal by illegal means,
such an agreement is called criminal
conspiracy.

(2) Notwithstanding the provisions of Sub-Section (1), no

agreement except an agreement to commit an offence shall
amount to criminal conspiracy unless some act besides the
agreement is done by one or more parties to such agreement in
pursuance thereof.

59.(1) Whoever is a party to a criminal conspiracy to Punishment for

criminal
commit an offence punishable with death or with imprisonment conspiracy
shall, where no express provision is made in this Law for the
punishment of such a conspiracy be punished in the same
manner as if he had abetted such offence.

34
 (2) Whoever is a party to criminal conspiracy other than a
criminal conspiracy to commit an offence punishable as aforesaid
shall be punished with imprisonment for a term of not less than
One year or with fine of Fifty Thousand Naira (N50,000) or both.
60.(1) A society is an unlawful society if the purpose or the Unlawful society
objects of such society is inimical to public good or it is likely to
be used for unlawful purpose or for purposes prejudicial to public
peace or contrary to the interest of the State or dangerous to the
good governance of the State.

(2) For the purposes of this Section, unlawful societies

include Sara Suka, Kauraye, Yan daba, Yan Yada kwari, Yan kura
or such other similar or other societies by whatever name called
whose purpose or objects falls within the purview of Sub-Section
(1) of this Section.
(3) The Governor may whenever necessary declare by order
any other society as unlawful society.

61. Whoever manages, sponsors, finances, aids, abets, or Punishment for

managing
is a member of an unlawful society, shall be punished with unlawful society
imprisonment for a term which may extend to Ten (10) years and
shall also be liable to a fine not exceeding Five Hundred
Thousand Naira (N500,000).

CHAPTER 8
BREACH OF OFFICIAL TRUST
62. Whoever, by reason or by means of his employment Breach of official
trust
as a public servant acquires any information in respect of which
he is under an obligation of secrecy express or implied and at any
time communicates or attempts to communicate such information
to any person to whom the same ought not in the public interest
to be communicated at that time is said to commit a Breach of
Official Trust.

35
 63. Whoever commits a Breach of Official Trust shall: Punishment for
breach of official
(a) if the communication is made or trust
attempted to be made to the agent of a
Foreign Government, be punished with
imprisonment for a term which shall not
be less than Ten (10) years and not
exceeding Fourteen (14) years and shall
also be liable to fine not exceeding Five
Hundred Thousand Naira (N500,000); and
(b) in any other case shall be punished with
imprisonment for a term which shall not
be less than Six (6) months and not
exceeding Two (2) years or with Fine of
not less than Twenty Five Thousand Naira
(N25,000) or both.

CHAPTER 9
OFFENCES AGAINST PUBLIC PEACE
64. An assembly of five or more persons is designated Member of
unlawful
unlawful assembly if the common object of the persons assembly
composing that assembly is:
(a) to overawe by criminal force or show of
criminal force the Government of the
Federation or Government of the State or
any Government of Nigeria or any public
servant in the exercise of his lawful
powers;

(b) to resist the execution of any Law or of

any legal process;

(c) to commit any mischief or criminal

trespass or other offence;

(d) by means of criminal force or show of

criminal force to enforce any right or
supposed right; or
36
 (e) by means of criminal force or show of
criminal force to compel any person to do
what he is not legally bound to do or to
omit to do what he is legally entitled to
do.

65. Whoever being aware of facts which render any Membership of

unlawful
assembly an unlawful assembly intentionally joins that assembly assembly defined
or continues in it is said to be a member of an unlawful assembly.

66. Whoever is a member of an unlawful assembly shall Punishment for

membership of
be punished with imprisonment for a term which shall not be less unlawful
than six months and not exceeding Two (2) years or with fine of assembly
not less than Twenty Five Thousand Naira (N25,000) or both.

67. Whoever being a member of an unlawful assembly Joining unlawful

assembly
armed with any offensive weapon or with anything which if used with offensive
as a weapon of offence is likely to cause death, shall be punished weapon
with imprisonment for a term which shall not be less than Two
(2) years or with a fine of not less than Seventy Thousand Naira
(N70,000) or both.

68. Whoever joins or continues in an unlawful assembly Joining or conti-

nuing in unlawful
knowing that such unlawful assembly has been lawfully assembly kno-
commanded to disperse, shall be punished with imprisonment for wing it has been
a term which shall not be less than Two (2) years and not commanded to
exceeding Five (5) years or with fine of not less than Seventy disperse
Thousand Naira (N70,000) or both.

69. Whenever force or violence is used by an unlawful Rioting

assembly or by any member thereof in prosecution of the
common object of such assembly, every member of such
assembly is guilty of the offence of Rioting.

37
 70. Whoever is guilty of Rioting shall be punished with Punishment for
Rioting
imprisonment for a term which shall not be less than Two (2)
years and not exceeding Six (6) years or with fine of not less than
Seventy Thousand Naira (N70,000) or both.

71. Whoever is guilty of rioting when armed with an Rioting armed

with offensive
offensive weapon or with anything which if used as a weapon of weapon
offence is likely to cause death, shall be punished with
imprisonment for a term which shall not be less than Two (2)
years and not exceeding Ten (10) years, or with fine of not less
than Seventy Thousand Naira (N70,000) or both.
72. If an offence is committed by any member of an Every member
of unlawful
unlawful assembly in prosecution of the common object of that assembly guilty
assembly, every person, who at the time of the committing of of offence
that offence is a member of the assembly, is quilty of that committed in
offence. prosecution of
common object

73. Whoever promotes or does any act with intent to Promoter of

an unlawful
assist the promotion of an unlawful assembly, shall be punished assembly liable
as a member of such unlawful assembly and for any offence as a member
which may be committed by any member thereof in the same
manner as if he had himself been a member of such unlawful
assembly.

74. Whoever joins or continues in any assembly of five or Joining or conti-

nuing in assembly
more persons likely to cause a disturbance of the public peace of five or more
knowing that such assembly has been lawfully commanded to persons knowing
disperse, shall be punished with imprisonment for a term which that it has been
shall not be less than Three months and not exceeding Six commanded to
disperse
months, or fine of not less than Ten Thousand Naira (N10,000) or
both.
75. Whoever wears, carries or displays in public any Wearing and
carrying of
emblem, flag, article of clothing or other token or device in such emblem or flag
manner or on such occasion or in such circumstances as:
(a) to constitute an offence under this or any
other Law; or
38
 (b) to cause or be likely to cause annoyance
to the public or any section thereof, or a
breach of the peace, or disturbance of the
public peace, or the commission of an
offence;

shall be punished with imprisonment for a term which shall not

be less than Two (2) years and not exceeding Six (6) years, or
with fine of not less than One Hundred Thousand Naira
(N100,000) and in addition the emblem, flag, article of clothing or
other token or device in respect of which an offence under this
Section has been committed shall be liable to forfeiture to the
Government.

76. Whoever assaults or threatens to assault or obstructs Assaulting or

obstructing public
or attempts to obstruct any public servant in the disharge of his servant when
duty when such public servant is endeavouring to disperse an suppressing riot
unlawful assembly or to suppress a riot or affray, or uses or
threatens or attempts to use criminal force to such public servant,
shall be punished with imprisonment for a term which shall not
be less than Two (2) years and not exceeding Five (5) years or
with fine of not less than Seventy Thousand Naira (N70,000) or
both.

77. Whoever disturbs the public peace shall be punished Disturbance of

public peace
with imprisonment for a term which shall not be less than Six
months and not exceeding Three (3) years or with fine of not less
than Twenty Five Thousand Naira (N25,000) or both.

78. Whoever does any act with intent to cause or which is Inciting
disturbance
likely to cause a breach of the peace or disturbs the public peace,
commits an offence which on conviction is liable to imprisonment
for a term of not less than One (1) year and not exceeding Three
years and not less than twelve strokes of cane with fine.

39
 CHAPTER 10
OFFENCES BY OR RELATING TO PUBLIC SERVANT
79. Whoever being or expecting to be a public servant Public servant
taking bribe in
accepts or obtains or agrees to accept or attempts to obtain from respect of official
any person for himself or for any other person any bribe act
whatever, whether pecuniary or otherwise other than lawful
remuneration, as a motive or reward:
(a) to do or forbear to do any official act;
(b) in the exercise of the official functions of
such public servant to show favour or
disfavour to any person; or
(c) to render or attempts to render any
service or disservice to any person with
any department of the public service as
such;
shall be punished:
(i) with imprisonment for a term
which may extend to Ten
years (10) years and with fine;
(ii) if such public servant is a
public servant in the service of
the Government of the State
or of the Government of the
Federation acting in a judicial
capacity or carrying out the
duties of a Police Officer, with
imprisonment for a term which
may extend to Twelve (12)
years and with fine.
80. Whoever accepts or obtains or agrees to accept or Taking bribe in
order to influence
attempts to obtain from any person for himself or for any other public servant
person any bribe whatsoever whether pecuniary or otherwise as
a motive or reward for inducing by corrupt or illegal means any
public servant:
(a) to do or forbear to do any official act; or
(b) in the exercise of the official functions of
such public servant to show favour or
disfavour to any person; or
40
 (c) to render or attempt to render any service
or disservice to any person within any
department of the public service as such;
shall be punished with imprisonment for a term which may
extend to (7) years and with fine.
81. Whoever being a public servant, abets any offence of Abetment by
public servant of
offering or taking bribe shall be punished with imprisonment for a offences of
term which may extend to Seven (7) years and with fine. offering or taking
bribe
82.(1) Whoever offers or gives bribe whatsoever whether Offering or giving
bribe to public
pecuniary or otherwise in the circumstances and for any of the servants
purposes mentioned in Sections 79 and 80 shall be punished with
imprisonment which may extend to Seven (7) years and with fine.

(2) Whoever attempts to give bribe, shall be punished

with imprisonment which may extend to Five (5) years and with
fine.
83.(1) Whoever being a public servant accepts or obtains or Public servant
obtaining
agrees to accept or attempts to obtain for himself or for any valuable thing
other person any valuable thing without consideration or for a without conside-
consideration which he knows to be inadequate: ration

(a) from any person whom he knows to have

been or to be likely to be concerned in
any proceeding or business transacted or
about to be transacted by such public
servant or having any connection with the
official functions of himself or any pubic
servant to whom he is subordinate; or

(b) from any person whom he knows to be

interested in or related to the persons
concerned;

Shall be punished with imprisonment for a term which may

extend to (3) years or with fine of not less than Seventy
Thousand Naira (N70,000).
41
 84.(1) Whoever in any of the circumstances mentioned in Offering or giving
valuable thing
Section 83 of this Law offers or gives or agrees to give to any without
public servant or to any person, in whom a public servant is consideration
interested or to whom he is related, any valuable thing without
consideration or for a consideration which he knows to be
inadequate, shall be punished with imprisonment for a term
which may extend to Three (3) years or with fine of not less than
Seventy Thousand Naira (N70,000) or both.

85. Whoever knowingly profits by any bribe or benefit Third person

profiting from
obtained in any of the circumstances mentioned in Section 79, 80 bribery
or 83 but does not take any active part in obtaining such bribe or
benefit shall be punished with imprisonment for a term which
may extend to One (1) year or with fine of not less than Fifty
Thousand Naira (N50,000) or both.

86. Whoever being a public servant in his capacity as Public servant

dishonestly
such dishonestly receives from any person any money or other receiving money
property which he is not authorized to receive or which is in or
excess of the amount which he is authorized to receive shall be property not due
punished with imprisonment which may extend to Five (5) years
or with fine twice the amount of bribe involved.

87. Whoever, being a public servant knowingly disobeys Public servant

disobeying
any direction of the Law as to the way in which he is to conduct direction of Law
himself as such public servant intending thereby or knowing
himself to be likely thereby:

(a) to cause injury to any person or to the

public;

(b) to save any person from lawful puni-

shment or to subject him to a less
punishment than that to which he is liable
or to delay the imposition on any person
of any legal punishment; or

42
 (c) to save any property from forfeiture or
from any seizure or charge to which it is
liable by Law or to delay the forfeiture or
seizure of any property or the imposition
or enforcement of any charge upon any
property;

shall be punished with imprisonment for a term which shall

not be less than Six months and not exceeding Two (2) years or
with fine of not less than Twenty Five Thousand Naira (N25,000)
or both.
88. Whoever, being a public servant, and being as such Public servant
framing incorrect
public servant charged with the preparation or translation of any document with
document, frames or translates that document in a manner which intent to cause
he knows and believes to be incorrect, intending thereby to cause injury
or knowing it to be likely that he may thereby cause injury to any
person, shall be punished with imprisonment for a term which
shall not be less than Two (2) years and not exceeding Five (5)
years or with fine of not less than Seventy Thousand Naira
(N70,000) or both.

89. Whoever, being a public servant knowing that he is Public servant in

judicial procee-
likely to cause injury to any person or intending unlawfully to give ings acting con-
any person an advantage makes or pronounces at any stage of a trary to Law
judicial proceeding any report, order, judgment or decision which
he knows to be contrary to Law, shall be punished with
imprisonment which shall not be less than Two (2) years and not
exceeding Five (5) years or with fine of not less than Seventy
Thousand Naira (N70,000) or both.
90. Whoever, being a public servant authorized by Law to Wrongful
committal or
commit persons for trial or to confinement or to keep persons in confinement by
confinement, commits a person for trial or to confinement or public servant
keeps any person in confinement:
(a) knowing that he is acting contrary to Law; and
(b) knowing that he is likely to cause injury to any
person or intending unlawfully to give any
person an advantage;
43
 shall be punished with imprisonment for a term which shall
not be less than Five (5) years and not exceeding Seven (7) years
or with fine of not less than Two Hundred Thousand Naira
(N200,000) or both.

91. Whoever, being a public servant whose duty as such Public servant
intentionally
public servant is to arrest any person or to keep any person in omitting to arrest
confinement or custody intentionally omits to arrest such person or aiding escape
or intentionally suffers such person to escape or intentionally aids
such person in escaping or attempting to escape from such
confinement or custody, shall:

(a) if such person is under sentence of death,

be punished with imprisonment for a term
which shall not be less than Fourteen (14)
years with no option of fine; or
(b) if such person is charged with or liable to
be arrested for an offence punishable with
imprisonment for a term of Ten (10) years
or above or is charged with or liable to be
arrested for an offence punishable with
death, be punished with imprisonment for
a term which shall not be less than Seven
(7) years with no option of fine; or
(c) if such person is under a sentence of
imprisonment for a term not exceeding
Ten (10) years or charged with or liable to
be arrested for an offence punishable with
imprisonment for a term which may
extend to Ten (10) years, be punished
with imprisonment for a term which shall
not be less than Three (3) years and not
exceeding Seven (7) years or fine of not
less than One Hundred Thousand Naira
(N100,000) or both;

44
 (d) in any other case, be punished with
imprisonment for a term which shall not
be less than Two (2) years, and not
exceeding Five (5) years or fine of not less
than Seventy Thousand Naira (N70,000)
and not exceeding Two Hundred
Thousand Naira (N200,000) or both.
92. Whoever, being a public servant whose duty as such Public servant
negligently
public servant is to arrest any person or to keep any person in omitting to arrest
confinement or custody, negligently fails to arrest that person or or aiding escape
negligently suffers that person to escape from confinement or
custody, shall be punished with imprisonment for a term which
shall not be less than Two (2) years and not exceeding Five (5)
years or with fine of not less than Seventy Thousand Naira
(N70,000) or both.

93. Whoever, being a public servant willfully omits to Public servant

causing danger
perform any duty pertaining to his office which he is legally bound
by omitting to
to perform shall, if such omission causes or tends to cause danger perform his duty
to human life, health or safety or causes or tends to cause a riot, be
punished with imprisonment for a term which shall not be less than
Two (2) years and not exceeding Five (5) years or with fine of not
less than Seventy Thousand Naira (N70,000) or both.

94. Whoever, being a public servant wrongfully abandons Abandonment of

his duties in pre-arranged agreement with any other such public duty by public
servant
servant shall, if the intention or effect of such abandonment is to
interfere with the performance of a public service to an extent
which will cause injury or damage or grave inconveniece to the
community, be punished with imprisonment for a term which shall
not be less than Two (2) years and not exceeding Five (5) years or
with fine of not less than Seventy Thousand Naira (N70,000) or
both.

45
 Public servant
95. Whoever, being a public servant and being legally unlawfully
bound as such public servant not to purchase or bid for certain purchasing
property, purchase or bids for that property in his own name, or property
in the name of another or jointly or in shares with others, shall be
punished with imprisonment for a term which shall not be less
than Three (3) years and not exceeding Six (6) years or with fine
of not less than One Hundred Thousand Naira (N100,000).

96. (1) Whoever pretends to hold any particular office as False personation
of a public
a public servant knowing that he does not hold such office, or servant, false
falsely personates any other person holding such office, and in appointment
such assumed character does or attempts to do any act under and acceptance
colour of such office, shall be punished with imprisonment for a
term which shall not be less than Three (3) years and not
exceeding Six (6) years or with fine of not less than One Hundred
Thousand Naira (N100,000).

(2) Whoever purports to appoint, assign or confer any

post, function or responsibility to any person which is within the
power of the Government or Local Government to appoint, assign
or confer shall be punished with imprisonment of not less than
Three (3) years and with fine.
(3) Whoever accepts any post, discharges any
responsibility or exercises any function which is within the powers
of the Government or Local Government to appoint, assign or
confer, from any other person shall be punished with
imprisonment for a term which shall not be less than Three (3)
years and with fine.
97. Whoever not belonging to a certain class of public Wearing dress or
carrying token
servants wears any dress or carries any token resembling any used by public
dress or token used by that class of public servants with the servant
intention that it may be believed that he belongs to that class of
public servants, shall be punished with imprisonment for a term
which shall not be less than Six (6) months and not exceeding
Five (5) years or with fine of not less than Twenty Five Thousand
Naira (N25,000).

46
 CHAPTER 11
CONTEMPT OF THE LAWFUL AUTHORITY OF PUBLIC
SERVANTS
98. Whoever absconds in order to avoid being served Absconding to
avoid service of
with a summons, notice or order proceeding from any public summons, notice
servant legally competent as such public servant to issue such or order
summons, notice or order, shall be punished:
(a) with imprisonment for a term which may
extend to Six (6) months or with fine of
not less than Fifteen Thousand Naira
(N15,000) or both;
(b) if the summons or notice or order is to
attend in person or by agent or to produce
a document in a Court of Justice, with
imprisonment for a term which may
extend to One (1) year or with fine of not
less than Twenty Five Thousand Naira
(N25,000) or both.
99. Whoever in any manner: Preventing
service or
(a) intentionally prevents the serving on publication of
himself or on any other person of any summons
summons, notice or order proceeding
from any public servant legally competent
as such public servant to issue such
summons, notice or order;
(b) intentionally prevents the lawful affixing to
any place of any such summons, notice or
order;
(c) intentionally removes any summons,
notice or order from any place to which it
is lawfully affixed; or
(c) intentionally prevents the lawful making of
any proclamation under the authority of
any public servant legally competent as
such public servant to direct such
proclamation to be made;

47
 Shall be punished with imprisonment for a term which may
extend to One (1) year or with fine of not less than Twenty Five
Thousand Naira (N25,000) or both.

100. Whoever, having been required by a summons, Failure to attend

in obedience to
notice, order or proclamation proceeding from any public servant an order from
legally competent as such public servant to issue the same to public servant
attend in person or by agent at a certain time and place,
intentionally and without reasonable cause refuses or omits to
attend at the place and time or depart from that place before the
time at which it is lawful for him to depart, shall be punished with
imprisonment for a term which may extend to Six (6) months or
with fine of not less than Twenty Five Thousand Naira (N25,000)
or both.
101. Whoever, having been required by a summons, Failure to produce
document to
notice, order or proclamation proceeding from a public servant public servant
legally competent as such public servant to issue the same to
produce or deliver up any document or other thing, intentionally
omits so to produce or deliver up the same, shall be punished:
(a) with imprisonment for a term which may
extend to Three (3) months or with fine of
not less than Ten Thousand Naira
(N10,000) or both;
(b) if the document is to be produced or
delivered up to a Court of Justice, with
imprisonment for a term which may
extend to Six (6) months or with fine of
not less than Twenty Five Thousand Naira
(N25,000) or both.
102. Whoever, being legally bound to give any notice or to Failure to give
notice or
furnish information on any subject to any public servant as such, information to
intentionally omits to give such notice or to furnish such public servant
information in the manner and at the time required by Law, shall
be punished:
(a) with imprisonment for a term which may extend
to Six (6) months or with fine of not less than
Twenty Five Thousand Naira (N25,000) or both;
48
 (b) if the notice or information required to be given
is in respect of the commission of an offence or
is required for the purpose of preventing the
commission of an offence or in order to arrest
an offender, with imprisonment for a term
which may extend to One (1) year or with fine
of not less than Fifty Thousand Naira (N50,000)
or both.
103. Whoever, being legally bound to furnish information Furnishing false
information
on any subject to any public servant as such, furnishes as true
information on the subject which he knows or has reason to
believe to be false, shall be punished:
(a) with imprisonment for a term which may extend
to One (1) year or with fine not less than
Twenty Thousand Naira (N20,0000) or both;
(b) if the information which he is legally bound to
give is in respect of the commission of an
offence or is required for the purpose of
preventing the commission of an offence or in
order to arrest an offender, with imprisonment
for a term which may extend to Two (2) years
or with fine of not less than Fifty Thousand
Naira (N50,000) or both.

104. Whoever gives to any public servant any information False information
with intent to
which he knows or believes to be false, intending thereby to mislead public
cause or knowing it to be likely that he will thereby cause such servant
public servant:
(a) to do or to omit anything which such public
servant ought not to do or omit if the true state
of facts respecting such information is given
were known to him; or
(b) to use the lawful power of such public servant
to the injury or annoyance of any person;
shall be punished with imprisonment for a term which may
extend to Two years or with fine of not less than Twenty Five
Thousand Naira (N25,000) or both.
49
 105.(1) Whoever refuses to bind himself by an oath or Refusing oath or
affirmation when
affirmation to state the truth when required to do so by a public duly required by
servant legally competent to require that he shall so bind himself, public servant to
shall be punished with imprisonment for a term which may make it
extend to Six (6) months or with fine of not less than Twenty Five
Thousand Naira (N25,000) or both.
(2) The provisions of this Section shall not apply to a
witness in a Judicial proceeding who, having been called upon to
take an oath or make a solemn affirmation that he will speak the
truth under Section 218 of the Administration of Criminal Justice
Law, refuses to take such oath or make such affirmation under
the provisions of Section 220 of the Administration of Criminal
Justice Law.
106. Whoever, being legally bound to answer question put Refusing to ans-
wer question of
to him on any subject by any public servant in the exercise of the authorized public
lawful powers of such public servant, refuses to answer any such servant
question, shall be punished with imprisonment for a term which
may extend to Six (6) months or with fine of not less than
Twenty Five Thousand Naira (N25,000) or both.
107. Whoever refuses to sign any statement made by him Refusing to sign
statement
when required to sign that statement by a public servant legally
competent to require that he shall sign that statement, shall be
punished with imprisonment for a term which may extend to Six
(6) months or with fine of not less than Twenty Five Thousand
Naira (N25,000) or both.
108. Whoever offers any resistance to the taking of any Resistance to
taking of property
property by the lawful authority of any public servant knowing or by lawful authori-
having reason to believe that he is such public servant, shall be ty of public
punished with imprisonment for a term which may extend to Six servant
(6) months or with fine of not less than Twenty Five Thousand
Naira (N25,000) or both.
109. Whoever intentionally obstructs any sale of property Obstructing sale
of property
offered for sale by the lawful authority of any public servant, shall offered for sale
be punished with imprisonment for a term which may extend to by authority of
Six (6) months or with fine of not less than Ten Thousand Naira public servant
(N10,000) or both.
50
 110. Whoever, when any property has been attached or Removing
property under
taken by the lawful authority of any public servant, knowingly lawful
and with intent to hinder or defeat the attachment or process seizure
receives, removes, retains, conceals, or disposes of such
property, shall be punished with imprisonment which may extend
to One (1) year or with fine of not less than Twenty Five
Thousand Naira (N25,000) or both.

111. Whoever at any sale of property held by the lawful Illegal purchase
or bid for
authority of a public servant as such, purchases or bids for any property offered
property on account of any person whether himself or any other, for sale by
whom he knows to be under a legal incapacity to purchase that authority of public
property at that sale, or bids for such property not intending to servant
perform the obligations under which he lays himself by such
bidding, shall be punished with imprisonment for a term which
may extend to Three (3) months or with fine of not less than Ten
Thousand Naira (N10,000) or both.

112. Whoever voluntarily obstructs any public servant in Obstructing public

servant in
the discharge of his public function, shall be punished with discharge of
imprisonment for a term which may extend to Six (6) months or function
with fine of not less than Twenty Five Thousand Naira (N25,000)
or both.

113. Whoever, being legally bound to render or furnish Failing to assist

public servant
assistance to any public servant in the execution of his public when bound by
duty, intentionally omits to give such assistance, shall be Law to assist
punished with imprisonment for a term which may extend to Six
(6) months or with fine of not less than Twenty Five Thousand
Naira (N25,000) or both.

114. Whoever knowing that by an order promulgated by a Disobedience to

order duly
public servant lawfully empowered to promulgate such order he is promulgated by
directed to abstain from a certain act, or to take certain action public servant
with respect to certain property in his possession or under his
management, disobeys such direction, shall:
51
 (a) if such disobedience causes or tends to cause
obstruction, annoyance or injury or risk of
obstruction, annoyance or injury to any person
lawfully employed, be punished with
imprisonment for a term which may extend to
Six (6) months or with fine of not less than
Twenty Five Thousand Naira (N25,000) or both;
(b) if such disobedience causes or tends to cause
danger to humans shall be punished with
imprisonment for a term which may extend One
(1) year or with fine of not less than Twenty
Five Thousand Naira (N25,000) or both.

115. Whoever holds out any threat of injury to any public Threat of injury
to public servant
servant or to any person in whom he believes that public servant
to be interested, for the purpose of inducing that public servant
to do any act or to forbear or delay to do any act connected with
the exercise of the public functions of such public servant, shall
be punished with imprisonment for a term which may extend to
One (1) year or with fine of not less than Twenty Five Thousand
Naira (N25,000) or both.

116. Whoever holds out any threat of injury to any person Threat of injury
to induce person
for the purpose of inducing that person to refrain or desist from to refrain from
applying for protection against any injury to any public servant applying for
legally empowered as such to give such protection or cause such protection to
protection to be given, shall be punished with imprisonment for a public servant
term which shall not be less than Two (2) months and not
exceeding One (1) year.

117. Whoever intentionally offers any insult or causes any Intentional insult
or interruption to
interruption to any public servant, while such public servant is public servant
sitting in any stage of judicial proceeding, shall be punished with sitting in judicial
imprisonment for a term which may extend to Six (6) months or proceeding
with fine of not less than Twenty Five Thousand Naira (N25,000)
or both.

52
 CHAPTER 12
FALSE EVIDENCE AND OFFENCES RELATING TO THE
ADMINISTRATION OF JUSTICE
118. Whoever, being legally bound by an oath or by any Giving false
evidence
express provision of Law to state the truth or being bound by
Law to make a declaration upon any subject, makes any
statement, verbally or otherwise, which is false in a material
particular and which he either knows or believes to be false or
does not believe to be true, is said to give false evidence.
119. Whoever causes any circumstance to exist or makes Fabricating false
evidence defined
any false entry in any book or record or makes any document
containing a statement intending that such circumstance, false
entry or false statement may appear in evidence or be used in a
Judicial proceeding or in a proceeding taken by Law before a
public servant as such or before an arbitrator and that such
circumstance, false entry or false statement so appearing in
evidence or so upon the circumstance, entry or statement, to
entertain an erroneous opinion touching any point material to the
result of such proceeding, is said to fabricate false evidence.
120.(1) Whoever intentionally gives false evidence in any Punishment for
false evidence
stage of a judicial proceeding or fabricates false evidence for the
purpose of its being used in any stage of a judicial proceeding,
shall be punished with imprisonment for a term which may
extend to Fourteen (14) years and shall also be liable to fine of
not less than Three Hundred and Fifty Thousand Naira
(N350,000).
(2)Whoever intentionally gives or fabricates false
evidence in any other case, shall be punished with imprisonment
for a term which may extend to Twelve (12) years and with fine
of not less than Two Hundred and Fifty Thousand Naira
(N250,000).
121. (1) Whoever gives or fabricates false evidence Giving false
evidence to
intending thereby to cause or knowing it to be likely that he will procure
thereby cause any person to be convicted of an offence which is conviction in
punishable with death, shall be punished with imprisonment for a capital offence
term which may extend to imprisonment for life and shall also be
liable to fine.
53
 (2) If an innocent person is convicted and executed in
consequence of such false evidence, the person who gave or
fabricated such evidence shall be punished with death.
122. Whoever gives or fabricates false evidence intending Giving false
evidence to
thereby to cause or knowing it to be likely that he will thereby procure
cause any person to be convicted of an offence which is not conviction of
punishable with death but is punishable with imprisonment for a offence
term of Seven (7) years or above shall be punished as a person punishable with
imprisonment
convicted of that offence would be punished.
123. Whoever uses or attempts to use as true or genuine Using evidence
known to be false
any evidence which he knows to be false or fabricated, shall be
punished in the same manner as if he gave a fabricated or false
evidence.

124. Whoever issues or signs any certificate required by Issuing or signing

false evidence
law to be given or signed or relating to any fact of which such
certificate is legally admissible in evidence knowing or believing
that such certificate is false in any material point, shall be
punished in the same manner as if he gave false evidence.
125. Whoever uses or attempts to use any certificate Using as true a
certificate known
mentioned in Section 124 of this Law as a true certificate to be false
knowing the same to be false in any material point, shall be
punished in the same manner as if he gave false evidence.
126.(1) Whoever in any declaration made or subscribed by False statement
in declaration
him, which declaration any Court of Justice or any public servant which is by Law
or other person is bound or authorized by Law to receive as receivable as
evidence of any fact, makes any statement, which is false and evidence
which he either knows or believes to be false or does not believe
to be true, touching any point material to the object for which the
declaration is made or used, shall be punished in the same
manner as if he gave false evidence.
(2) Whoever uses or attempts to use as true any such
declaration knowing the same to be false in any material point,
shall be punished in the same manner as if he gave false
evidence.
54
 127. whoever knowingly makes a false translation of the False translation
evidence of a witness or of the statement of a defendant or of a
party to a civil suit or makes a false translation or copy of any
document with the intention that such translation or copy shall be
used in any manner in any judicial proceeding or knowing that it
is likely to be so used, and whoever knowingly uses such
translation or copy in any manner in any judicial proceeding, shall
be punished in the same manner as if he gave false evidence.

128. Whoever secretes or destroys any document, which Destruction of

document to
he may be lawfully compelled to produce as evidence in a Court prevent its
of justice or in any proceeding lawfully held before a public production as
servant as such, or obliterates or renders illegible the whole or evidence
any part of such document with the intention of preventing the
same from being produced or used as evidence before such Court
or public servant as aforesaid or after he shall have been lawfully
summoned or required to produce the same for that purpose,
shall be punished with imprisonment for a term which shall not
be less than Seven (7) years and not exceeding fourteen (14)
years or with fine of not less than Three Hundred Thousand Naira
(N300,000) or both.

129. Whoever, knowing or having reason to believe that an Causing dis-

appearance of
offence has been committed, causes any evidence of the evidence of
commission of the offence to disappear with the intention of offence or giving
screening the offender from legal punishment, or with a like false information
intention or intending to prevent his arrest gives any information to screen
offender
respecting the offence which he knows or believes to be false or
harbours or conceals a person whom he knows or has reason to
believe to be the offender shall be punished with imprisonment
for a term which shall not be less than Five (5) years and not
exceeding Fourteen (14) years or with fine of not less than Two
Hundred Thousand Naira (N200,000) or both.

55
 130.(1) Whoever accepts or attempts to obtain or agrees to Taking bribe to
screen an
accept any bribe for himself or any other person or any offender from
restitution of property to himself or any other person in punishment
consideration of his concealing an offence or of his screening any
person from lawful punishment for any offence or of his not
proceeding against any person for the purpose of bringing him to
lawful punishment, shall be punished with imprisonment for a
term which shall not be less than Five (5) years and not
exceeding Fourteen (14) years or with fine of not less than Two
Hundred Thousand Naira (N200,000) or both.
(2) This Section shall not extend to any case in which
the offence may lawfully be compounded.
131.(1) Whoever gives, causes, offers, or agrees to give or Offering bribe
in consideration
cause any bribe to any other person or to restore or cause the of screening
restoration of any property to any other person, in consideration offender
of that other person concealing an offence or of his screening any
person from lawful punishment for any offence or of his not
proceeding against any person for the purpose of bringing h im to
lawful punishment, shall be punished with imprisonment for a
term which shall not be less than Five (5) years and not
exceeding Fourteen (14) years or with fine of not less than Two
Hundred Thousand Naira (N200,000) or both.
(2) This Section shall not extend to any case in which the
offence may lawfully be compounded.
132. Whoever knowing or having reason to believe that Penalty for
harbouring robber
any person is about to commit or have recently committed or
robbery or brigandage, harbours them or any of them with the brigand
intention of facilitating the commission of such robbery or
brigandage or of screening them or any of them from
punishment, shall be punished with imprisonment for a term
which may not be less than Fourteen (14) years and not
exceeding Twenty one (21) years and fine.

133. Whoever intentionally offers any resistance or illegal Resistance or

obstruction to
obstruction to the lawful arrest of any other person or rescues or lawful arrest of
attempts to rescue any other person from any confinement or another person
custory in which that person is lawfully detained shall be
punished:
56
 (a) with imprisonment for a term which shall not be
less than Seven (7) years and not exceeding
Fourteen (14) years or with fine of not less than
Three Hundred Thousand Naira (N300,000) or
with both;
(b) if such other person is under sentence of death,
shall be punished with imprisonment which shall
not be less than Fourteen (14) years and may
extend to imprisonment for life and shall also be
liable to fine.

134. Whoever intentionally offers any resistance or illegal Resistance,

obstruction or
obstruction to the lawful arrest of himself for any offence with escape by a
which he is charged or of which he has been convicted or person to
escapes or attempts to escape from any custody in which he is lawful arrest
lawlfully detained for any such offence, shall be punished with
imprisonment for a term which may extend to Fourteen (14)
years or with fine of not less than Three Hundred Thousand Naira
(N300,000) or both.
135. Whoever in any case not provided for in Section 134 Resistance,
obstruction or
of this Law intentionally offers any resistance or illegal escape by a
obstruction to the lawful arrest of himself or escapes or attempts person to lawful
to escape from any custody in which he is lawfully detained, shall arrest in cases
be punished with imprisonment for a term which may extend to not provided for
by
Five (5) years or with fine not exceeding Two Hundred Thousand Section 134
Naira (N200,000) or both.
136. Whoever, with intent to prevent any property of Fraudulent
removal of
himself or of any other person or any other interest therein: property to
(a) from being taken as a forfeiture or in satisfaction prevent lawful
of fine under a sentence which has been seizure or
pronounced or which he knows to be likely to be execution
pronounced by a Court of Justice or other
competent authority;
(b) from being taken by seizure or in execution of a
judgment or order, which has been made o r
which he knows to be likely to be made by a
Court of Justice;
57
 (c) from being distributed according to Law amongst
the creditors of himself or such other person; or
(d) from being available according to law for payment
of the debts of himself or of such other person,
dishonestly or fraudulently removes or conceals or
assists in removing or concealing such property or
dishonestly or fraudulently transfers, delivers or
releases such property or any interest therein to
any person or practices any deception touching
the same or accepts or dishonestly or fraudulently
accepts, receives or claims such property or any
interest therein, knowing that he has no right or
rightful claim thereto;
shall be punished with imprisonment for a term which shall
not be less than Two (2) years and not exceeding Five (5) years
or with fine of not less than Seventy Thousand Naira (N70,000)
and not exceeding Two Hundred Thousand Naira (N200,000) or
both.
137. Whoever fraudulently causes or suffers a decree or Fraudulent
suffering decree
order to be passed against him at the suit of any person for a or
sum not due or for a larger sum than is due to such person or for order for sum not
any property or interest in property to which such person is not due
entitled or fraudulently causes or suffers a decree or order to be
executed against him after it has been satisfied or for anything in
respect of which it has been satisfied, shall be punished with
imprisonment for a term which shall not be less than Two (2)
years and not exceeding Five (5) years or with fine of not less
than Seventy Thousand Naira (N70,000) or both.
138. Whoever fraudulently obtains a decree or order Fraudulently
obtaining decree
against any person for a sum not due or for a larger sum than is for sum not due
due or for any property or interest in property to which he is not
entitled or fraudulently causes a decree or order to be executed
against any person after it has been satisfied or for anything in
respect of which it has been satisfied or fraudulently suffers or
permits any such act to be done in his name, shall be punished
with imprisonment for a term which shall not be less than Two
(2) years and not exceeding Five (5) years or with fine of not less
than Seventy Thousand Naira (N70,000) or both.
58
 139. Whoever dishonestly or fraudulently signs, executes Dishonest or
fraudulent
or becomes a party to any deed or instrument, which purports to execution of deed
transfer or subject to any charge any property or any interest of
therein and which contains any false statement relating to the transfer
consideration of such transfer or charge or relating to the person containing
statement or
or persons for whose use or benefit it is really intended to consideration.
operate, shall be punished with imprisonment for a term which
shall not be less than two (2) years and not exceeding Five (5)
years or with fine of not less than Seventy Thousand Naira
(N70,000) or both.

140. Whoever, knowing or having reason to believe that an Giving false

information in
offence has been committed, gives any information respecting respect of an
that offence which he knows or believes to be false, shall be offence
punished with imprisonment for a term which shall not be less
than Two (2) years and not exceeding Five (5) years or with fine
of Seventy Thousand Naira (N70,000) or both.

141.(1) Whoever personates another, whether that other is Personation

actual or fictitious, and in such assumed character makes any
admission or statement or causes any process to be issued or
becomes bail or security or does any other act in any suit or
ciminal prosecution, shall be punished with imprisonment for a
term which shall not be less than Two (2) years and not
exceeding Five (5) years or with fine of not less than One
Hundred Thousand Naira (N100,000) or both.

(2) Whoever personates any public officer whether

serving or retired by any means and for any purpose whatsoever,
is guilty of an offence, and shall be punished with imprisonment
for a term which may extend to Six (6) years or with fine not
exceeding Two Hundred Thousand Naira (N200,000).

59
 142. Any person who uses or deals with any document Personation of
person named on
which has been issued by a lawful authority to another person, a certificate
and where that other person is certified to be a person possessed
of any qualification recognized by law for any purpose, or to be
the holder of any office, or to be entitled to exercise any
profession, trade or business, or to be entitled to any right or
privilege, or to enjoy any rank or status, and falsely represents
himself to be the person named in the document is guilty of an
offence and shall be punished with imprisonment for a term
which may extend to Six (6) years or with fine of not less than
One Hundred Thousand Naira (N100,000) or both.

143. Any person to whom any document has been issued Lending
certificate for
by lawful authority certifying him to be a person possessed of any Personation
qualification recognized by Law for any purpose, or to be the
holder of any office, or to be entitled to exercise any profession,
trade or business, or to be entitled to any right or privilege, or to
enjoy any rank or status, sells, gives or lends the document to
another person with intent that, that other person may represent
himself to be the person named in it, is guilty of an offence and
shall be punished with imprisonment for a term which may
extend to Six (6) years or with fine of not less than One Hundred
Thousand Naira (N100,000) or both.
144. Any person who, with the purpose of obtaining any Personation of
person named in
employment, uses or deals with any document of the nature of a a testimonial or
testimonial, attestation or character given to another person is character
guilty of an offence and shall be punished with imprisonment for
a term which may extend to Five (5) years or with fine of not less
than Seventy Thousand Naira (N70,000) or both.
145. Any person to whom any document in the nature of a Lending
testimonial for
testimonial, attestation or character has been given, gives, sells, Personation
or lends such document to another person with the intent that
the other person may use or deal with such document for the
purpose of obtaining any employment is guilty of an offence and
shall be punished with imprisonment for a term which may
extend to Five (5) years or with fine of not less than Seventy
Thousand Naira (N70,000) or both.
60
 146. Whoever with intent to cause injury to any person False charge of
offence
institutes or causes to be instituted any criminal proceeding
against that person or falsely charges any person with having
committed an offence knowing that there is no just or lawful
ground for such proceeding or charge against that person shall
be punished:
(a) with imprisonment for a term which shall not be
less than Two (2) years and not exceeding Five
(5) years or with fine of not less than Seventy
Thousand Naira (N70,000) or with both;
(b) where such criminal proceeding is instituted on
a false charge of an offence punishable with
death or imprisonment for Seven (7) years or
more, shall be punished with imprisonment for a
term which shall not be less than Seven (7)
years and not exceeding Fourteen (14) years or
with fine of not less than Three Hundred
Thousand Naira (N300,000).
147. Whoever takes or agrees to consent to take any bribe Taking bribe to
help to recover
under pretence or on account of helping any person to recover stolen property
any movable property of which he shall have been deprived by
any offence shall, unless he uses all means in his power to cause
the offender to be brought to justice, be punished with
imprisonment for a term which may extend to Fourteen (14)
years or with fine of not less than Three Hundred Thousand Naira
(N300,000) or both.
148. Whoever with intent to influence the course of justice Influencing the
course of justice
in any civil or criminal proceeding does any act whereby the civil
hearing, trial or decision of any matter in that proceeding may be
prejudiced, shall be punished with imprisonment for a term which
shall not be less than Two (2) years and not exceeding Five (5)
years or with fine of not less than Seventy Thousand Naira
(N70,000) or both.

61
 CHAPTER 13
PUBLIC NUISANCE
149.(1) A person is guilty of public nuisance who does an Public nuisance
act or is guilty of an illegal omission which causes any common
injury, danger or annoyance to the public or to the people in
general who dwell or occupy property in the vicinity or which
must necessarily cause injury, obstruction, danger or annoyance
to persons who may have occasion to use any public right.
(2) Where premises on which a public nuisance has
occured is occupied by two or more persons in common each of
such persons shall be liable to conviction on account of the
nuisance in the absence of sufficient evidence that he has not
been guilty of the offence.
150. Whoever, without lawful authority uses external Unlawful use
of external
loudspeaker or mounts external loudspeaker in any residential loudspeaker
area for any religious purpose or for whatsoever reason, is guilty
of an offence and shall be punished with imprisonment for a term
which may extend to Five (5) years or with fine of not less than
Fifty Thousand Naira (N50,000) or both.
151. Whoever, smokes in a public place is guilty of an Smoking in public
place.
offence, and shall be punished with imprisonment for a term
which may extend to One (1) year or with fine of not less than
Ten Thousand Naira (N10,000) or both.
152. Whoever sells any article of food or drink which is not Sale of food or
drink not
of the nature, substance and quality demanded by the purchaser corresponding to
or the article which the seller represents it to be, shall be description
punished with imprisonment for a term which may extend to
Seven (7) years or with fine which shall not be less than One
Hundred Thousand Naira (N100,000) or both.
153. Whoever adulterates any article of food or drink or Adulteration of
food or drink
abstracts from any article of food or drink or any part thereof so intended for sale
as to affect injuriously, the quality, substance or nature, intending
to sell such articles as food or drink without notice to the
purchaser or knowing that it is likely that the same will be sold as
food or drink without notice to the purchaser, shall be punished
with imprisonment for a term which may extend to Seven (7)
62
years or with fine of not less than One Hundred Thousand Naira
(N100,000) or both.

154. Whoever sells or offers or exposes for sale any article Sale of
adulterated food
of food or drink, with which any mixture has been fraudulently or drink
made to increase the bulk, weight or measure of such article or
to conceal the inferior quality thereof, or any article of food or
drink, from which any part has been intentionally abstracted so
as to affect, injuriously, its quality, substance or nature, without
notice to the purchaser, shall be punished with imprisonment for
a term which may extend to Seven (7) years or with fine of not
less than One Hundred Thousand Naira (N100,000) or both.

155. Whoever sells or offers or exposes for sale as food or Sale of noxious
food or drink
drink any article which has been rendered or has become noxious
or is in a state unfit for food or drink knowing or having reason to
believe that the same is noxious or unfit for food or drink, shall
be punished with imprisonment for a term which extend to Seven
(7) years or with fine of not less than One Hundred Thousand
Naira (N100,000) or both.

156. Whoever, adulterates any drug or medical preparation Adulteration

of drug
in such a manner as to lesen the efficacy or change the operation
of such drug or medical preparation or to make it noxious,
intending that it shall be sold or used for or knowing it to be likely
that it will be sold or used for any medicinal purposes as if it had
not undergone such adulteration, shall be punished with
imprisonment for a term which may extend to Fourteen (14)
years or with fine of not less than Three Hundred Thousand Naira
(N300,000) or both.

157. Whoever, knowing any drug or medical preparation to Sale of

adulterated drug
have been adulterated in such a manner as to lessen its efficacy
or change its operation or renders it noxious, sells the same or
offers or exposes it for sale or issues it from any dispensary for
medical purposes as unadulterated or causes it to be used for
medical purposes by any person not knowing of the adulteration
shall be punished with imprisonment for a term which may
63
extend to Seven (7) years or with fine of not less than Three
Hundred Thousand Naira (N300,000) or both.

158. Whoever knowingly sells or offers or exposes for sale Sale of drug as a
different drug or
or issues from a dispensary for medicinal purposes any drug or preparation
medical preparation as a different drug or medical preparation,
shall be punished with imprisonment for a term which may
extend to Fourteen (14) years or with fine of not less than Three
Hundred Thousand Naira (N300,000) or both.

159. Whoever voluntarily corrupts or fouls the water of any Fouling water of
public well or
public well or reservoir or other public water supply so as to reservoir
render it less fit for the purpose for which it is ordinarily used,
shall be punished with imprisonment for a term which may
extend to Ten (10) years or with fine of not less than Two
Hundred Thousand Naira (N200,000) or both.

160. Whoever voluntarily vitiates the atmosphere in any Making

atmosphere
place so as to make it noxious to the health of persons in general noxious to health
dwelling or carrying on business in the neighborhood or passing
along a public way, shall be punished with imprisonment for a
term which may extend to Six (6) months or with fine of not less
than Twenty Five Thousand Naira (N25,000) or both.

161. Whoever exhibits any false light, mark or buoy Exhibition of false
light, mark or
intending or knowing it to be likely that such exhibition will buoy
mislead any motorist, rider, or navigator, shall be punished with
imprisonment for a term which may extend to Ten (10) years or
with fine of not less than Two Hundred Thousand (N200,000.00)
Naira or both.

162. Whoever by doing any act or by omitting to keep in Obstruction of

public way or line
order any property in his possession or under his charge causes of navigation
to any person in any public way or public line of navigation, shall
be punished with imprisonment which may extend to Ten (10)
years or with fine of not less than Two Hundred Thousand
(N200,000.00) Naira or both.

64
 163. Whoever being an employee engaged in any work Employees
engaged on work
connected with the public health or safety or with any service of of
public utility ceases from such work in pre-arranged agreement public utility
with any other such employee without giving at least fifteen days ceasing work
written notice to his employer of his intention, shall, if the without notice
intention or effect of such cessation is to interfere with the
performance of any general service connected with public health,
safety or utility to an extent which will cause injury or damage or
grave inconvenience to the community, shall be punished with
imprisonment for a term which may extend to Six months or with
fine of Ten Thousand Naira (N10,000) or both.
164. Whoever does any act in a manner so rash or Negligent conduct
causing danger
negligent as to endanger human life or to be likely to cause hurt to person or
or injury to any person or property, or knowingly or negligently property
omits to take such order with any property or substance in his
possession or under his control or with any operations under his
control as is sufficient to guard against probable danger to
human life from such property, substance or operations, shall be
punished with imprisonment for a term which may extend to
Seven (7) years or with fine of not less than Seventy Thousand
Naira (N70,000) or both.
165. Whoever knowingly or negligently omits to control Negligent conduct
with respect to
any animal in his possession sufficient to guard against any animal
probable danger to human life or any probable danger of
grievous hurt from such animal, shall be punished with
imprisonment for a term which may to extend Seven (7) years or
with fine of not less than Seventy Thousand Naira (N70,000) or
both.
166. Whoever commits a public nuisance in any case not Punishment for
public nuisance in
otherwise punishable by this Law, shall be punished with cases not other-
imprisonment for a term which may extend to One (1) year or wise provided for
with fine of not less than Twenty Five Thousand Naira (N25,000)
or both.
167. Whoever repeats or continues a public nuisance, Continuance of
nuisance after
having been ordered by any public servant who has lawful injunction to
authority to give such order not to repeat or continue such discontinue
nuisance, shall be punished with imprisonment for a term which
65
may extend to Ten (10) years or with fine of not less than Two
Hundred Thousand Naira (N200,000) or both.
168. Whoever to the annoyance of others does any Obscene or
indecent acts
obscene or indecent act by whatever means in the public, shall
be punished with imprisonment for a term which may extend to
Ten (10) years or with fine of not less than Two Hundred
Thousand Naira (N200,000) or both.
169.(1) Whoever keeps or manages a brothel or does same Keeping a brothel
by operating an online website or platform for that purpose shall
be punished with imprisonment which may extend to Five (5)
years or with fine of not less than Two Hundred Thousand Naira
(N200,000).
(2) Whoever is a prostitute or practices prostitution shall
be punished with imprisonment for a term which shall not be less
than Five (5) years or with fine of not less than Two Hundred
Thousand Naira (N200,000).
(3) Whoever is involved in prostitution or keeps,
manages or maintains any person in a brothel or elsewhere for
the purpose of prostitution, shall be punished with imprisonment
for a term which shall not be less than Seven (7) years and not
exceeding Fourteen (14) years or with fine of not less than Three
Hundred Thousand Naira (N300,000) or both.

170. Whoever sells or distributes, imports or prints or makes Sale of obscene

for sale or hire or willfully exhibits to the public view any obscene books
book, pamphlet, paper, gramophone record, compact disc,
electronic device or similar article, drawing, painting, representation
or figure or attempts or offers so to do or has in his possession any
such obscene book or other thing for the purpose of sale,
distribution or public exhibition, shall be punished with
imprisonment for a term which may extend to Ten (10) years or
with fine of not less than Two Hundred Thousand Naira (N200,000)
or both.

171. Whoever to the annoyance of others sings, recites, Obscene songs

utters or reproduces by any mechanical or electronic means any
obscene song or words in or near any public place, shall be
punished with imprisonment for a term which may extend to Six
66
months or with fine of not less than Ten Thousand Naira
(N10,000) and not exceeding Twenty Five Thousand Naira
(N25,000) or both.

CHAPTER 14
LOTTERIES AND GAMING HOUSES

172. In this chapter: Lottery

“lottery” includes any game, method or device
whereby money or money’s worth is distributed
or allotted in any manner depending upon or to
be determined by chance or lot;
“lottery ticket” includes any paper, ticket, token
or other article whatsoever which either
expressly or tacitly entitles or purports to entitle
any person to receive any money or money’s
worth on the happening of any event or
contigency connected with any public lottery;
“public lottery” means a lottery to which public
or any class of the public has, or may have
access, and every lottery shall, until the
contrary is proved, be deemed to be a public
lottery.

173.(1) Whoever keeps any totalizator, house or place to Keeping gaming

house or lottery
which public are admitted for the purpose of betting or playing office
any game of chance or keeps any office or place for the purpose
of drawing any lottery or assists in the conduct of any such house
or place or office shall be punished with imprisonment for a term
which may extend to Five (5) years or with fine of not less than
One Hundred Thousand Naira (N100,000) or both.
(2) In this Section the word “totalizator” means the
instrument, machine or contravance, commonly known as a
totalizer, and any other instrument, machine or contrivance of a
like nature, or any scheme for enabling any number of persons to
make bets with one another on the like principles.

67
 174.(1) Whoever: Offences relating
to lotteries
(a) gives or sells or offers for sale or delivers
any lottery ticket or pays or receives
directly or indirectly any money or
money’s worth for or in respect of any
chance or event or contingency connected
with a public lottery;
(b) draws, throws, declares or exhibits
expressly or otherwise the winner or
winning number, ticket, lot, figure, design,
symbol or other result of any public
lottery;
(c) writes, prints, publishes, or causes to be
written, printed, or published any lottery
ticket or any announcement relating to a
public lottery; or
(d) advances, furnishes or receives money for
the purpose of a public lottery;
shall be punished with imprisonment for a term which may
extend to Two years or with fine of not less than Twenty Five
Thousand Naira (N25,000) or both.
(2) This Section shall apply:
(a) to the sale by raffle or lottery of articles
exposed for sale at any gathering held for
any purpose whatsoever;
(b) to any lottery or sweep-stake organized or
controlled at or in connection with any
race meeting held under the auspices of
any race club or association in the State;
(c) to any club where lottery is promoted as
an incident of entertainment by a member
of the club on the premises of the club.

68
 CHAPTER 15
OFFENCES RELATING TO ANIMALS
175. Whoever cruelly beats, tortures or ill-treats any tamed Ill-treatment of
domestic animals
or domestic animal or any wild animal which has previously been
deprived of its liberty or arranges, promotes or organizes fights
between cocks, rams, horses or other domestic animals, shall be
punished with imprisonment for a term which may extend to Two
(2) years or with fine of not less than One Hundred Thousand
Naira (N100,000) or both.

176. Whoever wantonly overrides or overloads any animal Over-riding and

neglect of animal
or wantonly employs any animal, which by reason of age,
sickness, wounds or infirmity is not in a condition to work, or
neglects any animal in such a manner as to cause it unnecessary
suffering, shall be punished with imprisonment for a term which
may extend to Two years or with fine not exceeding One
Hundred Thousand Naira (N100,000) or both.

177. On conviction of an offence under Section 175 or 176 Power to order

temporary
of this Law the Court may in addition to or in substitution for any custody or
other penalty make an order for temporary custody of the animal destruction of
in respect of which such offence has been committed and may animal
order the person convicted to pay such sum as the Court thinks
fit for the maintenance and treatment of such animal and such
sum shall be recoverable in the same manner as fine imposed
under this Law or if such animal is suffering from incurable
disease or injury, may order it to be destroyed.

CHAPTER 16
OFFENCES RELATING TO RELIGION
178. Whoever by any means publicly insults or seeks to Insulting or
inciting contempt
incite contempt of any religion, by false statement in such a of religion
manner as to be likely to lead to a breach of the peace, shall be
punished with imprisonment for a term which may extend to Five
(5) years or with fine of not less than Two Hundred Thousand
Naira (N200,000) or both.

69
 179. Whoever unlawfully destroys, damages or defiles any Injuring or
defiling place
lawful place of worship or any place or object held sacred by any of worship
person or class of persons with intention of thereby, insulting the
religion of any class of persons or with the knowledge that any
class of persons is likely to consider such destruction, damage or
defilement as an insult to their religion, shall be punished with
imprisonment for a term which may extend to Two (2) years or
with fine of not less than Seventy Thousand Naira (N70,000) or
both.
180. Whoever, voluntarily causes disturbances to any Disturbing
religious
assembly lawfully engaged in the performance of religious assembly
worship or religious ceremonies, shall be punished with
imprisonment for a term which may extend to Seven (7) years or
with fine of not less than Seventy Thousand Naira (N70,000) or
both.

181. Whoever, with the intention of wounding the feeling Committing tres-
pass on place of
of any person or of insulting the religion of any person or with worship or fune-
the knowledge that the feelings of any person are likely to be ral ceremony
wounded or that the religion of any person is likely to be insulted
thereby, commits any tresspass in any lawfull place of worship or
in any place of burial or offers any indignity to any human corpse
or causes disturbance to any persons assembled for the
performance of funeral ceremonies, shall be punished with
imprisonment for a term which may extend to Seven (7) years or
with fine of not less than Seventy Thousand Naira(N70,000) or
both.

CHAPTER 17
OFFENCES RELATING TO ORDEAL, WITCHCRAFT AND
HARMFUL PRACTICE OF RELIGION

182. Whoever presides or participates in any unlawful trial Trial by ordeal

by ordeal shall be punished:
(a) with imprisonment which may extend to Three
(3) years or with fine of not less than One
Hundred Thousand Naira (N100,000) or both.
70
 (b) Where such trial results in the death of any
party to the proceeding, shall be punished with
death.

183. Whoever promotes harmful practice of religion, Harmful practice

of religion
insults, intimidates or inflicts injury on any person in the
operation or practice of any religion or belief shall be punished:
(a) with imprisonment which may extend to Ten
(10) years or with fine of not less than Five
Hundred Thousand Naira (N500,000);
(b) with death, if such practice results in the death
of any person.
184. Whoever: Offences relating
to witchcraft
(a) by his statement or action represents
himself to be a witch, wizard or has the
power of witchcraft;
(b) accuses or threatens to accuse any person
of being a witch or wizard having the
power of witchcraft;
(c) makes or sells or uses, or has in his
possession or represents himself to be in
possession of any drug or charm which is
intented to be used or purported to
possess the power to prevent or delay any
person from doing an act which such
person has a legal right to do, or to
compel any person to do an act which
such person has a legal right to refrain
from doing, or which is alleged or
purported to possess the power of causing
any natural phenomenon or any disease
or epidemic;
(d) is in possession or has control over any
human remains which are used or are
intended to be used in connection with
any worship; or

71
 (e) makes or uses or assists in making or
using, or has in his possession anything
whatsoever the making, use or possession
of which is for the practice of any religion
or belief which can intimidate, insult or
cause harm to any person;
shall be punished as provided under Section 183
paragraphs (a) and (b) of this Law respectively.
185. Whoever knowingly has in his possession any fetish or Criminal charms
charm which is pretended or reputed to possess power to protect
a person in the committing of any offence shall be punished with
imprisonment which may extend to Ten (10) years or with fine of
not less than Two Hundred Thousand Naira (N200,000) or both.
186. Whoever knowingly eats or receives for the purpose Cannibalism
of eating any part of a human body shall be punished:
(a) with imprisonment which shall not be less
than Ten (10) years and not exceeding
twenty one (21) years and with fine of not
less than Five Hundred Thousand Naira
(N500,000);
(b) with death if death results from the
removal of the human part received by,
recovered or found in the possesson of
the defendant.
187. Whoever receives or has in his possession without Unlawful
possession of
authority any human part shall be punished with imprisonment human part
for a term which shall not be less than Twenty one (21) years
and shall also be liable to fine of not less than Seven Hundred
Thousand Naira (N700,000), the duration of human part found
shall be immaterial.
CHAPTER 18
OFFENCES AFFECTING THE HUMAN BODY
188. Whoever causes death: Culpable
homicide
(a) by doing an act with the intention of
causing death or such bodily injury as is
likely to cause death;
72
 (b) by doing an act with the knowledge that
he is likely, by such act to cause death; or
(c) by doing a rash or negligent act, commits
the offence of culpable homicide.
189. Except in the circumstances mentioned in Section 190 Culpable
homicide
of this Law, culpable homicide shall be punished with death: punishable with
death
(a) where the act by which the death is
caused is done with the intention of
causing death; or
(b) where the doer of the act knew or had
reason to know that death would be the
probable and not only likely consequence
of the act or of any bodily injury which the
act was intended to cause.
190. Culpable homicide is not punishable with death: Culpable
homicide not
punishable with
(1) Where the offender, whilst deprived of the death
power of self-control by grave and sudden
provocation, causes the death of the person
who gave the provocation or causes the death
of any other person by mistake or accident;
(2) Where the offender, in the exercise in good
faith, of the right of private defense of person
or property exceeds the powers given to him by
Law and causes the death of the person against
whom he is exercising such defense without
premeditation and without any intention of
doing more harm than is necessary for the
purpose of such defence;
(3) Where the offender, being a public servant,
acting for the advancement of public justice or
being a person aiding a public servant so acting,
exceeds the powers given to him by Law and
causes death by doing an act which, he in good
faith believes to be lawful and necessary for the
due discharge of his duty as such public servant
73
 or for assisting such public servant in the due
discharge of such duty and without ill will
towards the person whose death is caused;
(4) Where it is committed without premeditation in
a sudden fight in the heat of passion upon a
sudden quarrel and without the offender having
taken undue advantage or acted in a cruel or
unusual manner;
(5) When the person whose death is caused, being
above the age of eighteen years suffers death
or takes the risk of death with his own consent;
(6) Where a woman intentionally causes the death
of her child, being a child under the age of
twelve months, but at the time of the act or
omission the balance of her mind was disturbed
by reason of her not having fully recovered from
the effect of giving birth to the child or by
reason of the efffect of lactation consequent
upon the birth of the child;
(7) When a person causes the death of another by
doing rash or negligent act.
191. If a person by doing anything which he intends or Culpable
homicide by
knows to be likely to cause death commits culpable homicide by causing
causing the death of any person whose death he neither intends death of person
nor knows himself to be likely to cause, the culpable homicide other than person
committed by the offender is of the description of which it would whose death was
intended
have been if he had caused the death of the person whose death
he intended or knew himself to be likely to cause.
192.Whoever commits culpable homicide not punishable Culpable
homicide
with death, shall be punished with imprisonment for life or for punishable
any less term or with fine or both. with
imprisonment
193. Whoever causes the death of any person by doing Death caused
when intention is
any act not amounting to culpable homicide but done with the to cause hurt only
intention of causing hurt or grievous hurt shall be punished with
imprisonment for a term which may extend to Fourteen (14)
years or with fine or both.
74
 194. Whoever causes the death of any person by doing Death caused in
act of committing
any act not amounting to culpable homicide which constitute an offence
offence punishable with imprisonment for One (1) year or any
greater punishment or by any act done in committing such an
offence, shall be punished with imprisonment for a term which
may extend to Ten (10) years or with fine or with both.

195. Where any child, any insane person, any delirious Abetment of
suicide of child or
person, any idiot or any person in a state of intoxication commits insane person
suicide, whoever abets the commission of such suicide shall be
punished with death.

196. Whoever abets the commission of suicide, shall be Abetment of

Suicide
punished with life imprisonment.

197. Whoever attempts to commit suicide and does any act Attempt to
commit suicide
towards the commission of such offence, shall be punished with
imprisonment for a term which may extend to One (1) year or
with fine or with both.

198.(1) Whoever does any act not resulting in death with Attempt to
commit culpable
such intention or knowledge and in such circumstance that if he homicide
by that act caused death, he will be guilty of culpable homicide
punishable with death, shall be punished with imprisonment for
life or for any less term or with fine or with both.
(2) When any person, being under sentence of
imprisonment for life, commits an offence under this Section,
shall be punished with death.
199. Whoever does any act with such intention or Attempt to
commit culpable
knowledge and in such circumstances that, if he by that act homicide not
caused death, shall be guilty of culpable homicide not punishable punishable with
with death and shall be punished: death

(a) with imprisonment for a term which may

extend to Five (5) years or with fine of not
less than Fifty Thousand Naira (N50,000)
or both;
75
 (b) where hurt is caused to any person by
such act with imprisonment which may
extend to Fourteen (14) years or with fine
of not less than Three Hundred Thousand
Naira (N300,000) or both.
200. Whoever voluntarily causes a woman with a child to Causing abortion
miscarry shall, if such miscarriage be not caused in good faith for
the purpose of saving the life of the woman, be punished with
imprisonment for a term which shall not be less than Five (5)
years or with fine of not less than Two Hundred Thousand Naira
(N200,000) or both.
201. Whoever with intent to cause the miscarriage of a Death caused by
act done with
woman whether with child or not does any act which causes intent to cause
death of such woman shall be punished: abortion
(a) with imprisonment for a term which shall
not be less than Seven (7) years and not
exceeding Fourteen (14) years or with fine
of not less than Three Hundred Thousand
Naira (N300,000) or both;
(b) where the act is done without the consent
of the woman, with imprisonment for a
term of not less than Fourteen (14) years
and may extend to life imprisonment and
with fine of not less than Five Hundred
Thousand Naira (N500,000).
202. Whoever uses force on any woman and thereby Causing abortion
unintentionally
unintentionally causes her to miscarry, shall be punished:
(a) with imprisonment for a term which may
extend to Five (5) years or with fine of not
less than One Hundred Thousand Naira
(N100,000) or both;
(b) where the offender knew that the woman
was with child, he shall be punished with
imprisonment for a term which may
extend to Ten (10) years or with fine of
not less than Two Hundred Thousand
76
 Naira (N200,000) or both;
(c) in both (a) and (b) of this Section
compensation shall also be paid to the
woman in such amount as may be
determined by the Court.
Act done with
intent to prevent
203. Whoever before the birth of any child does any act child being born
with the intention of thereby preventing that child from being alive or to cause
born alive or causing it to die after its birth and does by such act it to die after
prevent that child from being born alive or causes it to die after birth
its birth shall, if such an act be not caused in good faith for the
purpose of saving the life of the mother, be punished with
imprisonment for a term which shall not be less than Seven (7)
years and not exceeding Fourteen years or with fine of not less
than Three Hundred and Fifty Thousand Naira (N300,000) or
both.
204. Whoever does any act in such circumstance that, if he Causing quick
death of unborn
thereby caused death he would be guilty of culpable homicide, child by act
and does by such act causes quick death of unborn child shall be amounting to
punished with imprisonment for life or any less term and shall culpable homicide
also be liable to fine.
205.(1) Whoever being the father or mother or having the Abandonment of
a child or an
care of a child or an imbecile, exposes or leaves such child or an imbecile
imbecile in any place with the intention of wholly abandoning
such child or an imbecile, shall be punished with imprisonment
for a term which may extend to Seven (7) years or with fine of
not less than Two Hundred Thousand Naira (N200,000) or both.
(2) Whoever partially exposes or leaves a child or an
imbecile with the intention of partially abandoning such child or
an imbecile, shall be punished with imprisonment for a term
which shall not be less than Six (6) months and not exceeding
One (1) year or with fine of not less than Twenty Five Thouand
Naira (N25,000) or with both, this is without prejudice to the
recovery of any loss that any other person may have reasonably
incurred in respect to the upkeep of the person abandoned.

77
 206. Whoever having the charge or care of a person or Cruelty to person
being in a position of authority over him, willfully ill-treats or
neglects him in such way as to cause him suffering shall be
punished:

(a) with imprisonment for a term which may extend

to One (1) year or with fine of not less than
Twenty Five Thousand Naira (N25,000) or both;
(b) where the ill-treatment or neglect results in
serious injury to the health of such person, the
offender shall be punished with imprisonment
for a term which may extend to Seven (7) years
or with fine of not less than Two Hundred
Thousand Naira (N200,000) or both.

207. Any person who unlawfully and indecently deals with Indecent
treatment of a
a child is guilty of an offence and shall be punished with child
imprisonment for a term which may extend to Ten (10) years.

208. Any person who has sexual intercourse with a child is Defilement
of a child
guilty of an offence and shall be liable to imprisonment for life or
death where death is occassioned.

209. Any person who, with intent to deprive any parent, Child stealing
guardian or other person who has the lawful care or charge of a
child, of the possession of such child, or with intent to steal any
article on or in custody of such child:
(a) forcibly or fraudulently takes or entices
away, or detains the child;
(b) receives or harbours the child, knowing
him to have been taken or enticed away
or detained;
is guilty of an offence, and shall be liable to imprisonment
for a term which may extend to Fourteen (14) years.

210.(1) Any person who impregnates a woman or girl child Desertion of

pregnant woman
and fails, refuses or neglects to contribute to maternity related or girl child
costs from ante-natal to post-natal stages is guilty of an offence
and shall be punished with imprisonment for a term which may
78
extend to Five (5) years and shall be liable to fine of not less than
Seventy Thousand Naira (N70,000) without prejudice to the
recovery of any cost that any other person may have reasonably
incurred in relation to the upkeep of the woman or girl child.
(2) For the purpose of this Section, maternity related
cost includes all medical expenses, food expenses, reasonable
shelter and other necessaries.
211. Whoever, by secretly burying or otherwise disposing Concealment of
birth
of the dead body of a child whether such child dies before or
after or during its birth, intentionally conceals or endeavours to
conceal the birth of such child, shall be punished with
imprisonment for a term which may extend to Ten (10) years or
with fine of not less than Two Hundred Thousand Naira
(N200,000) or both.
212. Whoever causes hurt, bodily pain, disease or infirmity Hurt
to any person is said to cause hurt.

213. The following kinds of hurt are designated as Grievous hurt

grievous:
(a) emasculation;
(b) permanent deprivation of the sight of an eye, or
the hearing of an ear;
(c) deprivation of any part or joint;
(d) destruction or disfiguration of head or face;
(e) permanent disfiguration of head or face;
(f) fracture or dislocation of bone or tooth; and
(g) any hurt which endangers life or which causes
the sufferer to be in bodily pain or unable to
follow his ordinary pursuits.
214. Whoever does any act with the intention of thereby Voluntarily
causing hurt
causing hurt to any person or with the knowledge that he is likely
thereby to cause hurt to any person and does thereby cause hurt
to any person, is said to voluntarily cause hurt.

79
 215. Whoever voluntarily causes hurt, if the hurt which he Voluntarily
causing grievous
intends to cause or knows himself to be likely to cause is grievous hurt
hurt and if the hurt which he cause is grievous hurt, he is said to
voluntarily cause grievous hurt.

216. Whoever, voluntarily causes hurt on grave and Voluntarily

causing hurt on
sudden provocation, if he neither intends nor knows himself to be provocation
likely to cause hurt to any person other than the person who
gave the provacation, shall be punished with imprisonment for a
term which may extend to Six (6) months or with fine or both.
217. Whoever voluntarily causes grievous hurt on grave Voluntarily
causing grievous
and sudden provocation, if he neither intends nor knows himself hurt on
to be likely to cause grievous hurt to any person other than the provocation
person who gave the provacation, shall be punished with
imprisonment for a term which may extend to Seven (7) years or
with fine or both.
218. Whoever, except in the case provided for by Section Voluntarily
causing hurt
216, voluntarily causes hurt, shall be punished with imprisonment without
for a term which may extend to Ten (10) years and shall be liable provocation
to fine of not less than Two Hundred Thousand Naira (N200,000).

219. Whoever, except in the case provided for by Section Voluntarily

causing grievous
217, voluntarily causes grievous hurt, shall be punished with hurt without
imprisonment for a term which may extend to Fifteen years and provocation
shall be liable to fine of not less than Three Hundred Thousand
Naira (N300,000).

220. (1) Whoever, except in the case provided for by Voluntarily

causing hurt or
Section 216, voluntarily causes hurt by means of any instrument grievous hurt by
for shooting, stabbing or cutting or any instrument, which if used dangerous means
as a weapon of offence is likely to cause death, or by means of
fire or any heated substance or by any means of electricity or by
means of any corrosive or explosive substance or by the
administration of any poisonous or deleterious substance or by
means of any animal, shall be punished with imprisonment for a
term which shall not be less than Seven (7) years or with fine of
not less than Three Hundred Thousand Naira (N300,000) or both.
80
 (2) Whoever, except in the case provided for by Section
217, voluntarily causes grievous hurt by any means mentioned in
subsection(1) shall be punished with imprisonment for not less
than Ten (10) years and shall also be liable to fine of not less
than Three Hundred Thousand Naira (N300,000).
(3) Whoever causes permanent or partial damage or
deformity to, or burns, or maims, or disfigures, or disables any
part or parts of the body of a person, or causes grievous hurt by
throwing acid on, or by administering acid to that person, or by
using any other means with the intention of causing, or with the
knowledge that he is likely to cause such injury or hurt, shall be
punished with imprisonment for a term of not less than Fourteen
(14) years and with fine.
(4) Whoever throws or attempts to throw acid on any
person, or attempts to administer acid to any person, or attempts
to use any other means with the intention of causing permanent
or partial damage or deformity or burns or maiming or
disfigurement or disability or grievous hurt to that person, shall
be punished with imprisonment for a term of not less than Five
(5) years, and shall also be liable to fine.
221. Whoever administers to or causes to be taken by any Causing hurt by
Causing
means ofhurt by
poison
person any poison or any stupefying, intoxicating or means of poison
with intent to
unwholesome drug or thing with intent to cause hurt to that with intent
commit anto
person or with intent to commit or to facilitate the commission of commit
offence an
offence
an offence or knowing it to be likely that he will thereby cause
hurt, shall be punished with imprisonment for a term which may
extend to Ten (10) years and shall also be liable to fine.

222.(1) Whoever voluntarily causes hurt for the purpose of

extorting from any person hurt or from any person interested in
the person hurt any property or document of title or of Voluntarily
causing hurt to
constraining the person hurt or any person interested in the extort property or
person hurt to do anything which is illegal or which may facilitate to constrain to
the commission of an offence, shall be punished with commit an illegal
act
imprisonment for a term which may extend to Fourteen (14)
years and shall also be liable to fine.

81
 (2) Whoever for the like purpose voluntarily causes
grievous hurt shall be punished with imprisonment for a term
which shall not be less than Ten (10) years and shall also be
liable to fine.
223.(1) Whoever voluntarily causes hurt for the purpose of Voluntarily
causing hurt to
extorting from the person hurt or any person interested in the extort confession
person hurt any confession or any information which may lead to or to compel
the detection of an offence or misconduct or for the purpose of restoration of
constraining the person hurt or any person interested in the property
person hurt to restore or to cause the restoration of any property
or document of title or to satisfy any claim or demand or to give
information which may lead to the restoration of any property or
document of title, shall be punished with imprisonment for a term
which may extend to Fourteen (14) years and shall also be liable
to fine.
(2) Whoever for the like purpose voluntarily causes
grievous hurt, shall be punished with imprisonment for life or any
less term and shall also be liable to fine.
224.(1) Whoever voluntarily causes hurt to any person Voluntarily
causing hurt or
being a public servant in the discharge of his duty as such public grievous hurt to
servant or with intent to prevent or deter that person or any deter public
other public servant from discharging his duty as such public servant from his
servant or in consequence of anything done or attempted to be duty
done by that person in the lawful discharge of his duty as such
public servant, shall be punished with imprisonment for a term
which may extend to Fifteen (15) years and shall also be liable to
fine.

(2) Whoever in the like circumstance with the like intent

or for like reason voluntarily causes grievous hurt to any person
being a public servant, shall be punished with imprisonment for
life or any less term and shall also be liable to fine.
225.(1) Whoever causes hurt to any person by doing any Causing hurt by
act endangering
act so rashly or negligently as to endanger human life or the life or personal
personal safety of others, shall be punished with imprisonment safety of others
for a term which may extend to Three (3) years and shall also be
liable to fine.
82
 (2) Whoever in like manner causes grievous hurt to any
person, shall be punished with imprisonment for a term which
may extend to Seven (7) years and shall also be liable to fine.
226.(1) Whoever voluntarily obstructs any person so as to Wrongful restraint
prevent that person from proceeding in any direction in which
that person has a right to proceed, is said to restrain that person
wrongfully.
(2) The obstruction of a private way over land or water
which a person in good faith believes himself to have a lawful
right to obstruct, is not within the meaning of this Section.
227. Whoever wrongfully restrains any person in such a Wrongful
confinement
manner as to prevent that person from proceeding beyond
certain circumscribing limits, is said to confine that person
wrongfully.
228. Whoever wrongfully restrains any person, shall be Punishment for
wrongful restraint
punished with imprisonment for a term which may extend to One
year or with fine of not less than Fifty Thousand Naira (N50,000)
or both.
229. Whoever wrongfully confines any person, shall be Punishment for
wrongful
punished: confinement
(a) with imprisonment for a term which may extend to
Two (2) years or with fine of not less than Sixty
Thousand Naira (N60,000) or both; and
(b) if the wrongful confinement continues for three days
or more with imprisonment for a term which may
extend to Five (5) years or with fine of not less than
Seventy Thousand Naira (N70,000) or both.
230. Whoever keeps any person in wrongful confinement Wrongful
confinement after
knowing that a Warrant or Order or Writ for the production or Warrant or Order
liberation of that person has been duly issued, shall be punished or Writ issued for
with imprisonment for a term which may extend to Two (2) years production or
in addition to any term of imprisonment to which he may be liberation
liable under any other Section under this chapter, and may also
be liable to fine which may extend to Seventy Thousand Naira
(N70,000).
83
 231. Whoever wrongfully confines any person in such Wrongful
confinement in
manner as to indicate an intention that the confinement of such secret
person may not be known to any person interested in the person
so confined or to any public servant or that the place of such
confinement may not be known to or discovered by any such
person or public servant as herein before mentioned, shall be
punished with imprisonment for a term which shall not be less
than Two (2) years and not exceeding Seven (7) years or with
fine of not less than Seventy Thousand in addition to any other
punishment to which he may be liable for such wrongful act.

232. Whoever wrongfully confines any person for the Wrongful

purpose of extorting from the person confined or from any person confinement to
extort
interested in the person confined any property or document of title property or
or of constraining the person confined or any person interested in constrain to
such person to do anything illegal or to give any information which commit an illegal
may factilitate the commission of an offence, shall be punished with act
imprisonment for a term which shall not be less than Three (3)
years and not exceeding Seven (7) years and shall also be liable to
fine of not less than One Hundred Thousand Naira (N100,000).

233. Whoever wrongfully confines any person for the Wrongful

confinement to
purpose of extorting from the person confined or any person extort
interested in the person confined any confession or any confession or
information which may lead to the detection of an offence or compel
misconduct or for the purpose of constraining the person restoration of
property
confined or any person interested in the person confined to
restore or to cause the restoration of any property or document
of title or to satisfy any claim or demand or document of title,
shall be punished with imprisonment for a term which may
extend to Seven (7) years and shall also be liable to fine.
234. A person is said to use force to another if he causes Force
motion, change of motion or cessation of motion to that other or
if he causes any substance to come into contact with any part of
the other’s body or with anything which that other is wearing or
carrying or with anything so situated that such contact affects
that other’s sense of feeling where the person causing any effect
above mentioned, causes it:
84
 (a) by his own bodily power;
(b) by disposing any substance in such a
manner that the effect takes place without
any further voluntarily act on his part or
on the part of any other person; or
(c) by means of any animal.
235. Whoever intentionally uses force to any person Criminal force
without that person’s consent:
(a) while preparing to commit any offence;
(b) in the course of committing any offence; or
(c) intending by the use of such force to cause or
knowing it to be likely that by the use of such
force he will cause injury, fear or annoyance to
the person to whom force is used;
is said to use criminal force to that other person.
236. Whoever makes any gesture or any preparation Assault
intending or knowing it to be likely that such gesture or
preparation will cause any person present to apprehend that he
who makes that gesture or preparation is about to use criminal
force to that person, is said to commit an assault.

237. Whoever assaults or uses criminal force on any Punishment for

assault or
person otherwise than on grave and sudden provocation given by criminal force
that person, shall be punished: without
provocation

(a) with imprisonment for a term which may

extend to Three (3) years or with fine of
not less than Fifty Thousand Naira
(N50,000) or with both;
(b) if grievous hurt is caused to any person by
such assault or ciminal force with
imprisonment which may extend to Five
(5) years or with fine of not less than One
Hundred Thousand Naira (N100,000) or
with both.
85
 238. Whoever assaults or uses criminal force to any person Punishment for
assault or
on grave and sudden provocation given by that person, shall be criminal force
punished with imprisonment for a term which may extend to Six with
months or with fine or with both. provocation

239. Whoever asssaults or uses criminal force on any Assault or

criminal force to
person being a public servant in the execution of his duty as such deter
public servant or with intent to prevent or deter that person from public servant
discharging his duty as such public servant or in consequence of from discharge of
anything done or attempted to be done by such person in the his duty
lawful discharge of his duty as such public servant, shall be
punished with imprisonment for a term which may extend to
Seven (7) years or with fine or with both.
240. Whoever assaults or uses criminal force on any Assault or
criminal force on
woman intending to outrage or knowing it to be likely that he will woman with
thereby outrage her modesty, shall be punished with intent to outrage
imprisonment for a term which may extend to Five (5) years or modesty
with fine or with both.
241. Whoever assaults or uses criminal force on any Assault or
criminal force in
person in attempting to commit theft of any property which that attempt to
person is wearing or carrying, shall be punished with commit theft of
imprisonment for a term which shall not be less than Five (5) property carried
years and not exceeding Ten (10) years or with fine of not less by a person
than Two Hundred Thousand Naira (N200,000) or both.

242. Whoever assaults or uses ciminal force on any person Assault or

criminal force in
in attempting wrongfully to confine that person, shall be punished attempt to
with imprisonment for a term which shall not be less than One wrongfully
(1) year and not exceeding Three (3) years or with fine of not confine a person
less than Fifty Thousand Naira (N50,000) or both.
243.(1) Whoever unlawfully seizes, confines, inveigles, Kidnapping
decoys, instills fears, tricks, abduct or carries away and holds for
ransom or reward or otherwise any person is said to commit the
offence of kidnapping.
(2) Whoever is guilty of the offence of kidnapping shall
be punished with death.
86
 244.(1) Where two or more persons conspire to commit Conspiracy,
attempt and
kidnapping and one or more of such persons do any overt act to threat to commit
effect the object of the conspiracy, each shall be guilty of kidnapping
conspiracy to committ kidnapping and is liable on conviction to
imprisonment for Twenty (20) years.
(2) Where a person intending to commit the offence of
kidnapping begins to manifest his intention by some overt acts,
but does not fulfill his intention to such an extent as to commit
the offence, shall be guilty of the offence of attempt to commit
kidnapping and is liable on conviction to imprisonment for Twenty
(20) years.
(3) Whoever intends to commit kidnapping and causes
fear to, or threatens any person by means of a letter, fax, e-mail,
text message, telephone call or any other method of
communication is guilty of an offence and liable on conviction to
imprisonment for Twenty (20) years.
245.(1) Whoever instigates any person to kidnap a person Aiding, abetting
or assisting the
or intentionally aids, abets or facilitates by any act or omission escape of
the commission of the offence of kidnapping is guilty of an offender
offence and is liable on conviction to imprisonment for Twenty
(20) years.
(2) Where the offender in Sub-Section (1) of this Section
is a corporate body shall be liable to pay fine of not less than Five
Million Naira (N5,000,000).

246. (1) Whoever allows or permits his premises, building Harbouring a

kidnapped person
or place belonging, occupied or control by him, or a person in and knowingly
lawful possession or occupation by the owner’s authority, to be negotiating to
used for the purposes keeping a kidnapped or abducted person is obtain payment
guilty of an offence and is liable on conviction to imprisonment or ransom
for Twenty (20) years.

(2) Whoever knowingly negotiates to obtain any

ransom for the release of any person who has been kidnapped is
guilty of an offence and is liable on conviction to be punished
with imprisonment for a term of Ten (10) years.

87
 (3) Whoever receives, has possession of, manages or
disposes of any money, property or any proceeds thereof, which
has at any time been delivered as ransom in connection with the
offence of kidnapping, knowing that the money or property has at
any time been delivered as such ransom, is guilty of an offence
and liable on conviction to a term of imprisonment for Fourteen
(14) years.
(4)Whoever under false pretence or in any other manner
represents himself to be the person kidnapped or abducted, or
who has influence, power or ability to obtain the release of
person kidnapped or abducted for the purposes of obtaining any
ransom or reward, or to extort or extract from another person
anything of value, or other consideration, is guilty of an offence
and shall be liable on conviction to a term of imprisonment for
Fourteen (14) years.
(5)Nothing in this Section prohibits a person who, in
good faith, believes that he can rescue or obtain the release of a
person who has been kidnapped.
247. Whoever, by any means whatsoever, induces any Procuration of
person
person to go from any place or to do any act with intent that
such person may be, or knowing is likely to be forced or seduced
to illicit intercourse with another person shall be punished with
imprisonment which shall not be less than Ten (10) years and
shall also be liable to fine of not less than Five Hundred Thousand
Naira (N500,000).
248. Whoever imports into the State from any country any Importation of
person from
person with intent that the person may be or knowing it to be foreign country
likely that the person will be forced or seduced to illicit sexual
intercourse with the importer or another person, shall be
punished with imprisonment which shall not be less than Ten (10)
years and shall also be liable to fine of not less than Five Hundred
Thousand Naira (N500,000).

249. Whoever knowing that any person has been Concealing or

keeping in confi-
kidnapped or has been abducted wrongfully conceals or confines nement kidnap-
such person, shall be punished in the same manner as if he had ped or abducted
kidnapped or abducted such person. person

88
 250. Whoever buys, sells, hires, lets to hire or otherwise Buying or selling
of person for
obtains possession or disposes of any person with intent that immoral purpose
such person shall be employed or used for the purposes of
prostitution or for any unlawful or immoral purposes or knowing it
to be likely that such person will be employed or used for any
such purpose, shall be punished with imprisonment for a term
which shall not be less than Ten (10) years and shall also be
liable to fine of not less than Five Hundred Thousand Naira
(N500,000).

251. (1) Whoever imports, exports, removes, buys, sells, Traffic in persons
disposes, recruits, harbours, traffics or deals in any human
trafficking, or detains any person against his will by using threats,
force or any other form of coercion, abduction, fraud, deception,
abuse of power or inducement for any unlawful dealing, shall be
punished with imprisonment for a term which shall not be less
than Ten (10) years and shall also be liable to fine of not less
than Five Hundred Thousand Naira (N500,000).

(2) The property involved or used for any of the

transactions mentioned in subsection (1), shall be liable to
forfeiture to the Government and demolition where applicable.
252. Whoever unlawfully compels any person to labour Unlawful
compulsory
against the will of that person, shall be punished with labour
imprisonment for a term which shall not be less than Two (2)
years or with fine of not less than Seventy Thousand Naira
(N70,000) or both.

253. (1) A man is said to commit rape who, save in the Rape
case referred to in subsection (2), has sexual intercouse with a
woman in any of the following circumstances:
(a) against her will;
(b) without her consent;
(c) with her consent, when her consent has
been obtained by putting her in fear of
death or hurt;

89
 (d) with her consent, when the man knows
that he is not her husband and that her
consent is given because she believes that
he is another man to whom she is or
believes herself to be lawfully married;
(e) with or without her consent, when she is
of unsound mind or below eighteen years
old.
(2) (a) Sexual intrercouse by a man with his
own wife is not rape.
(b) penetration is not limited only to
penetration by penis shaft, but includes
penetration by any object.
254. Whoever commits rape, shall be punished with: Punishment
for rape
(a) imprisonment for life or death where rape
occasioned death; and
(b) shall be liable to a fine of One Hundred
Thousand Naira and in addition thereto be
required by Court of Law to pay
compensation to the victim.

255.(1) Whoever has carnal knowledge against the order of Unnatural

offences
nature with any man, woman, girl, boy, or animal shall be
punished with imprisonment for life and shall also be liable to a
fine of not less than Five Hundred Thousand Naira (N500,000).

(2) Any man or woman who has a feeling of love for

another man, woman, boy or girl and went ahead to employ the
means of satisfying that passion either through bodily contact or
otherwise with or without his or her consent in order to derive
sexual pleasure is said to have committed sodomy or lesbianism
and shall be punished with imprisonment for a term of Twenty
one (21) years and shall also be liable to a fine of not less than
Five Hundred Thousand (N500,000.00) Naira.

256. (1) Act of gross indicency means any indicent act Act of gross
Indecency
against the person of another which is short of penetration. and related
offence
90
 (2) Whoever commits an act of gross indecency upon the
person of another shall be punished with imprisonment for a term
which may extend to Seven (7) years or with a fine not exceeding
Three Hundred and Fifty Thousand Naira (N350,000) or both.

(3) Whoever threatens a person of failure in examination,

promotion, admission or employment or causes pain to him or
her in order to benefit from his or her sexual advancement
commit an offence punishable with imprisonment for a term of
not less than Fourteen (14) years or a fine of not less than Seven
Hundred Thousand (N700,000.00) Naira or both.

257.(1) Any person who detains another person against Unlawful

detention with
such person’s will or on any premises for the purpose of unlawful intent to
sexual intercourse with the person detained, is guilty of an have unlawful
offence and is liable to imprisonment for a term which shall not sexual intercourse
be less than Five years or with fine of not less than Two Hundred
Thousand Naira (N200,000) or both.
(2) A person is deemed to detain another person in or on
any premises for the purpose of unlawful sexual intercourse if,
with intent to compel or induce the person to remain in or on the
premises, the person puts the other person in a state or condition
which makes it impracticable for the person to leave.
(3) It is lawful for any person to take any such wearing
apparel as may be necessary to enable the person to leave a
brothel or any premises upon which the person had been
unlawfully detained.
258.(1) Sexual harassment is unwelcome sexual advances, Sexual harass-
ment
requests for sexual favours, and other visual, verbal or physical
conduct of sexual nature which when submitted to or rejected:

(a) implicitly or explicitly affects a person’s

employment or educational opportunity or
unreasonably inteferes with the person’s
work or educational performance;

91
 (b) implicitly or explicitly suggests that
submission to or rejection of the conduct
will be a factor in academic or
employment decisions; or
(c) creates an intimidating, hostile or
offensive learning or working
environment.
(2) Any person who sexually harrasses another or does
any of the acts specified in this Section is guilty of an offence and
shall be liable to imprisonment for a term of not less than seven
(7) years or with fine of not less than Three Hundred and Fifty
Thousand Naira or both.
259. Whoever, being a male or female, by any scientific Trans-sexual
offences
means or medical operation transposes or trans-sexes himself
into the opposite sex to make him look, feel or behave like the
opposite sex is guilty of an offence, and shall be punished with
imprisonment for life.
260. Whoever intentionally uses any scientific instrumnent Intentional aiding
or abetting
or medical facility or aids or abets any person in transposing transposition into
himself into the opposite sex by whatever means or method, is the opposite sex
guilty of an offence, and shall be punished with imprisonment for
life.
261. Whoever intentionally attempts to transpose himself Attempts to
transpose a
into the opposite sex or causes the transposition of any person person into the
into the opposite sex is guilty of an offence, and shall be opposite sex
punished with imprisonment for a term which shall not be less
seven (7) years or with fine of not less than Three Hundred
Thousand Naira or both.
262. Whoever supplies, provides or allows any medical Forfeiture or des-
truction of
instrument or medical facility or any landed property to be used property, facility
for the purpose of transposition of a person into the opposite sex, or instrument
is guilty of an offence, and shall be punished with imprisonment used for
for a term of not less than seven years or with a fine of not less transposition into
the opposite sex
than Three Hundred Thousand Naira (N300,000) and the medical

92
instrument or medical facility or the landed property shall be
subject to destruction, demolition or forfeiture to the
Government.
263. Whoever prepares or sells any illicit drink by any Prohibition of
illicit drink or
name called or any concoction that intoxicates is guilty of an concoction
offence.
264. Whoever commits an offence under Section 263 of Punishment of
sale
this Law shall be punished with imprisonment for a term which of illicit drink or
shall not be less than Five (5) years and not exceeding Ten (10) concoction
years or with fine of not less than Two Hundred Thousand Naira
(N200,000) or both.
265. Whoever consumes, drinks or inhales any illicit drink Punishment for
consumption of
by any name called or concoction that intoxicates is guilty of an illicit drink or
offence and shall be punished with imprisonment for a term concoction
which shall not be less than Three (3) months or with fine of not
less than Ten Thousand Naira (N10,000) or both.
CHAPTER 19
TERRORISM
266. (1) Terrorism is to: Terrorism
(a) intimidate, put in fear, force, coerce or
induce any government, body, institution,
the general public or any segment of it, to
do or abstain from doing any act or to
adopt or abandon a particular stand point,
or to act according to certain principles;
(b) disrupt any public service, the delivery of
any essential service to the public or to
create public emergency; and
(c) create a situation of breakdown of law
and order in the State.
(2) Any promotion, sponsorship, contribution, command,
aid, incitement, encouragement, attempt, threat, conspiracy,
organization or procurement of any act referred to in Sub-Section
(1) (a), (b) and (c) of this Section is an act of terrorism.

93
 267. (1) Any person who does or attempts to do an act of Offences relating
to terrorism and
terrorism or participates in or facilitates the commission of an act punishment
of terrorism, is guilty of an offence and shall be punished with
death.

(2) Any person who harbours, houses, makes funds,

financial assets or economic resources or financial or other
related services available for the use of any other person to
commit or attempt to commit, facilitate or participate in the
commission of an act of terrorism is guilty of an offence and shall
be punished with death.

(3) A person who willfully provides or collects by any

means, directly or indirectly, any money from any other person
with intent or knowledge that the money shall be used to
promote any act of terrorism, is guilty of an offence and shall be
punished with death.
CHAPTER 20
OFFENCES AGAINST PROPERTY
268.(1) Whoever, intending to take dishonestly any Theft
movable property out of the possession of any person without
that person’s consent, moves that property in order to take it is
said to commit theft.
(2) Whoever, dishonestly abstracts, obstructs, diverts,
consumes or uses any electricity or electric current or water is
said to commit theft.
269. Whoever commits theft shall be punished with Punishment for
theft
imprisonment for a term which may extend to five (5) years or
with fine or with both.
270.(1) (a) Whoever forcefully or otherwise takes over, Cattle rustling
deprives or unlawfully converts to his benefit any cattle from the
owner or rearer of such cattle is said to commit the offence of
cattle rustling.
(b) Any person who commits the offence of cattle
rustling shall on conviction be liable to a term of imprisonment for
a term of not less than twenty one (21) years.
94
 (2) Where the offender in Sub-Section (1) of this Section
is armed with offensive weapon or in company of any person so
armed attacks or uses any personal violence to any person shall
be liable on conviction to be sentenced to death.
(3) Whoever knowingly has in his possession or under his
control any cattle which is reasonably suspected of having been
stolen or unlawfully obtained and who does not give satisfactory
account as to how he came by it shall be punished with
imprisonment which shall not be less than Seven (7) years and
the cattle may be sold and the proceed be deposited in
Government treasury.
(4) In this Section “cattle” includes cows, bulls, sheep,
goat or any domestic animal kept or reared for the use and
benefit of the owner.
271. Whoever commits theft in or from any building, tent Theft in dwelling
house
or vessel, which building, tent or vessel is used as a human
dwelling or used for the custody of property, or from any railway
carriage, lorry, omnibus or aircraft used for the conveyance of
passengers or goods, shall be punished with imprisonment for a
term which may extend to Fourteen (14) years or with fine not
exceeding Seven Hundred Thousand (N700,000.00) or both.
272. Whoever, being a clerk or servant or being employed Theft by clerk or
servant of proper-
in the capacity of a clerk or servant or any other capacity, ty in possession
commits theft in respect of any property in the possession of his of master
master or employer, shall be punished with imprisonment for a
term which may extend to Seven (7) years or with fine not
exceeding Three Hundred Thousand Naira (N300,000) or both.
273. Whoever commits theft having made preparation for Theft by
preparing to
causing death or of hurt or restraint or fear of death or hurt or of cause
restraint to any person in order to commit such theft, or in order death, hurt or
to effect his escape after the commission of such theft or in order restraint in order
to retain property taken by such theft, shall be punished with to commit theft
imprisonment for a term which shall not be less than fourteen
(14) years.

95
 274. Whoever intentionally puts any person in fear of Extortion
injury to that person or to any other and thereby dishonestly
induces the person so put in fear to deliver to him or any other
person any money, property or document of title or anything
signed or sealed which may be converted into a valuable security,
commits extortion.
275.(1) Whoever commits extortion shall be punished with Punishment for
extortion
imprisonment for a term of not less than Five (5) years and in
addition, shall forfeit such money, property or thing so extorted.

(2) Where the offender in Section 274 above is a

member of the armed forces, police, paramilitary or any other
security outfit, shall be punished with imprisonment for a term of
not less than ten (10) years, and in addition, shall forfeit such
money, property or thing so extorted.
276. Whoever in order to commit extortion puts any Putting person in
fear of injury in
person in fear or attempts to put any person in fear of any injury order to commit
to that person or to any other, shall be punished with extortion
imprisonment for a term not less than Seven (7) years, and in
addition, shall forfeit such money, property or thing so extorted.
277.(1) Whoever commits extortion by putting any person Extortion by
putting a person
in fear of death or of grievous hurt to that person or to any other, in fear of death
shall be punished with imprisonment for a term of not less than or grievous hurt
ten (10) years, and in addition, shall forfeit such money, property
or thing so extorted.
(2) Where the offender is a person subject to Section
275 (2) above, shall be punished with imprisonment for a term of
not less than twelve (12) years, and in addition, shall forfeit such
money, property or thing so extorted.
278. Whoever commits extortion by putting any person in Extortion by
threat of
fear of an accusation against that person or any other of having accusation of an
committed or attempted to commit any offence punishable with offence
death or with imprisonment for a term which may extend to ten punishable with
(10) years or of having attempted to induce any other person to death
commit such offence, shall be punished with imprisonment for a
term which shall not be less than Twelve (12) years or fine of not
less than Six Hundred Thousand Naira (N600,000).

96
 279.(1) In all robbery there is either theft or extortion. Robbery

(2) Theft is robbery if, in order to commit the theft or in

carrying away or attempting to carry away property obtained by
the theft, the offender to that end voluntarily causes or attempts
to cause to any person death or hurt or wrongful restraint or fear
of instant death or of instant hurt or of instant wrongful restraint.
(3) Extortion is robbery, where the offender at the time
of committing the extortion is in the presence of the person put
in fear and commits the extortion by putting that person in fear
of instant death, of instant hurt or of wrongful restraint to that
person or to some other person and by so putting in fear, induces
the person so put in fear to deliver up the thing extorted.
280. When five or more persons conjointly commit or Brigandage
attempt to commit a robbery or where the whole number of
persons conjointly committing or attempting to commit a robbery
and persons present and aiding such commission or attempt
amount to five or more, every person so committing, attempting
or aiding is said to commit brigandage.
281.(1) Whoever commits the offence of robbery shall be Punishment for
robbery
punished with imprisonment for a term of not less than twenty
one (21) years.
(2) Where:
(a) the offender mentioned in Sub-Section (1)
of this Section is armed with any firearm
or any offensive weapon, or is in company
of any person so armed; or
(b) at, or immediately before, or immediately
after the time of the robbery, the said
offender wounds or uses any personal
violence to any person; the offender shall
be liable to be sentenced to death.
282. Whoever attempts to commit robbery shall be Punishment for
attempted
punished with imprisonment for a term which shall not be less robbery
than fourteen (14) years and shall also be liable to fine of not less
than Seven Hundred Thousand Naira (N700,000).
97
 283. If any person in committing or in attempting to Causing hurt
in committing
commit robbery causes hurt, such person and any other person robbery
jointly concerned in committing or attempting to commit such
robbery, shall be punished with imprisonment for a term which
shall not be less than twenty one (21) years and shall also be
liable to fine of not less than Eight Hundred Thousand Naira
(N800,000).
284. Whoever commits brigandage shall be punished with Punishment for
brigandage
imprisonment for a term which shall not be less than twenty one
(21) years and shall also be liable to fine of not less than Eight
Hundred Thousand Naira (N800,000).
285. If any one of five or more persons, who are conjointly Brigandage with
culpable homi-
committing brigandage, commit culpable homicide punishable cide
with death, in so committing brigandage, every one of these
persons, shall be punished with death.
286.(1) If, at the time of committing or attempting to Robbery or
brigandage with
commit robbery or brigandage: attempt to cause
(a) the offender uses any offensive weapon death or grievous
or causes grievous hurt to any person, or hurt
attempts to cause death or grievous hurt
to any person, the imprisonment with
which such offender shall be punished,
shall not be less than fourteen (14) years
with or without fine and caning.
(b) the offender:
(i) wears any article of clothing or
equipment, or uses or bears any
article of equipment, being or
resembling an article of clothing or
equipment supplied to any of the
uniformed services;
(ii) uses or attempts or offers to use, or
bears any weapon being or
resembling a weapon supplied to
any of the uniform services; or
98
 (iii) uses or attempts or offers to use, or
bears any firearm or anything re-
sembling a firearm, the imprison-
ment with which such offender shall
be punished shall not be less than
life, with or without caning.

(2) In this Section:

“article or equipment” means any article (apart from
firearm) made or adapted for use for causing injury
to the person, or intended by the person having it
for such use by him and it includes an air gun, air
pistol, bow and arrow, spear, cutlass, machete,
dagger, cudgel or any piece of wood, metal, glass or
stone capable of being used as an offensive
weapon;
“firearm” includes any canon, gun, rifle, carbine,
machine-gun, cap-gun, flint-luck gun, revolver,
pistol, explosive or ammunition, or other firearm,
whether whole or in detached pieces; and
“the uniformed services” include the Nigerian Army,
the Nigerian Navy, the Nigerian Air Force, the
Nigeria Police Force and any other security outfit
that carry arms.

287.(1) Whoever makes any preparation for committing Making

preparation to
brigandage, shall be punished with imprisonment for a term commit
which shall not be less than seven (7) years and shall also be brigandage
liable to fine of not less than Seventy Thousand Naira (N70,000).

(2) Whoever makes any preparation for committing

brigandage punishable under any of the provisions of paragraph
(b) of Sub-Section (1) of Section 286, shall be punished with
imprisonment of not less than twenty one (21) years, with or
without fine and caning.

99
 288. Whoever belongs to a gang of persons associated for Belonging to
gang of brigands
the purpose of habitually committing brigandage, shall be
punished with imprisonment for a term which shall not be less
than Seven (7) years and shall also be liable to a fine of not less
than Twenty Five Thousand (N25,000.00) Naira.

289. Whoever belongs to any wandering or other gang of Belonging to

gang of
persons associated for the purpose of habitually committing theft wandering
or being a gang of brigands, shall be punished with imprisonment brigands
for a term which shall not be less than Seveny (7) years and shall
also be liable to a fine of not less than Twenty Five Thousand
(N25,000.00) Naira.
290. Whoever is one of five or more persons assembled for Assembling for
purpose of
the purpose of committing brigandage, shall be punished with committing bri-
imprisonment for a term which shall not be less than Seven (7) gandage
years and shall also be liable to a fine of not less than Twenty
Five Thousand (N25,000.00) Naira
291. Whoever dishonestly misappropriates or converts to Criminal misappro-
Priation
his own use any movable property, commits criminal misappro-
priation.
292. Whoever commits criminal misappropriation, shall be Punishment for
criminal mis-
punished with imprisonment for a term which may extent to ten appropriation
(10) years or with fine of not exceeding Five Hundred Thousand
Naira (N500,000) or with both and in addition, shall forfeit such
money or property so misappropriated.
293. Whoever commits criminal misappropriation of Criminal
misappropriation
property knowing that the property so misappropriated was in the of
possession of a deceased person at the time of that person’s property
death and has not since been in the possession of any person possessed by
legally entitled to such possession shall be punished: deceased
person at the
time of his death
(a) with imprisonment for a term which shall
not be less than five (5) years and shall
also be liable to fine of not less than Two
Hundred Thousand Naira and in addition,
shall forfeit such money, property or thing
so misappropriated; and
100
 (b) where the offender at the time of such
person’s death was employed by him as a
clerk or servant, with imprisonment for a
term which shall not be less than Six (6)
years and shall also be liable to fine of not
less than Three Hundred Thousand Naira
(N300,000), and in addition, shall forfeit
such money, property or thing so
misappropriated.

294. Whoever, being in any manner entrusted with Criminal breach

of trust
property or any other thing, or with any dominion over property
or any other thing, dishonestly misappropriates or converts to his
own use that property or dishonestly uses or disposes of that
property in violation of any direction of law prescribing the mode
in which such trust is to be discharged or of any legal contract
express or implied, which he has made touching the discharge of
such trust, or willfully suffers any other person so to do, commits
criminal breach of trust.

295. Whoever commits criminal breach of trust, shall be Punishment for

criminal breach of
punished with imprisonment for a term which shall not be less trust
than seven (7) years or with fine of not less than Three Hundred
Thousand Naira (N300,000) or both, and in addition shall be
ordered to restore such money, property or thing to the victim.
296. Whoever, being entrusted with property as a carrier, Criminal breach
of trust by carrier
wharfinger or warehouse keeper, commits criminal breach of etc
trust in respect of such property, shall be punished with
imprisonment for a term which shall not be less than ten (10)
years or a fine of not less than Five Hundred Thousand Naira
(N500,000) or both, and in addition shall be ordered to restore
such money, property or thing to the victim.
297. Whoever, being a clerk or servant or employed as a Criminal breach
of trust by clerk
clerk or servant and being in any manner entrusted in such or servant
capacity with property or any other thing, or with any dominion
over property or any other thing, commits criminal breach of trust
101
in respect of that property, shall be punished with imprisonment
for a term which shall not be less than seven (7) years or a fine
of not less than Three Hundred Thousand Naira (N300,000), and
in addition shall be ordered to restore such money, property or
thing to the victim.
298. Whoever, being in any manner entrusted with Criminal breach
of trust by public
property or with any dominion over property in his capacity as a servant or by
public servant or in the way of his business as a banker, factor, banker, merchant
broker, legal practitioner or agent, commits criminal breach of or agent
trust in respect of that property shall be punished with
imprisonment which shall not be less than fourteen (14) years
and shall also be liable to fine of not less than Seven Hundred
Thousand Naira.
299. Property, the possession whereof has been Stolen property
transferred by theft or by extortion or by robbery, and property,
which has been criminally misappropriated or in respect of which
criminal breach of trust has been committed, is stolen property,
whether the transfer has been made or the misappropriation or
breach of trust has been committed within the State or
elsewhere, but if such property subsequently comes into the
possession of a person legally entitled to the possession thereof,
it then ceases to be stolen property.
300. Whoever dishonestly receives or retains any stolen Dishonestly
receiving stolen
property knowing or having reason to believe the same to be property
stolen property, shall be punished with imprisonment for a term
which may extend to fourteen (14) years or with fine not
exceeding Seven Hundred Thousand Naira (N700,000) or both,
and in addition shall be ordered to restore such money, property
or thing to the victim.
301. Whoever dishonestly receives or retains any stolen Dishonestly
receiving property
property the possession whereof he knows or has reason to stolen in the
believe to have been transferred by the commission of commission of
brigandage or robbery or dishonestly receives from a person brigandage or
whom he knows or has reason to believe to belong or to have robbery
belonged to a gang of brigands or robbers, which he knows or
has reason to believe to have been stolen, shall be punished with
102
imprisonment for fourteen(14) years or with fine of Seven
Hundred Thousand Naira (N700,000) or both, and in addition
shall be ordered to restore such money, property or thing to the
victim.
302. Whoever voluntarily assists in concealing, disposing or Assisting in
concealment of
making away with property which he knows or has reason to stolen property
believe to be stolen property, shall be punished with
imprisonment for a term which shall not be less than five (5)
years or with fine of not less than Two Hundred Thousand Naira
(N200,000) or both.
303. Whoever knowingly has in his possession or under his Having
possession of
control anything which is reasonably suspected of having been things
stolen or unlawfully obtained and who does not give satisfactory reasonably
account as to how he came by it shall be punished with suspected of
imprisonment for a term which shall not be less than five (5) being
stolen
years or fine of not less than Two Hundred Thousand Naira
(N200,000) or both and the property may be sold and the
proceed be deposited in Government treasury.

304. Whoever by deceiving any person: Cheating

(a) fraudulently or dishonestly induces the
person so deceived to deliver any property
to himself or any person or to consent
that any person shall retain any property;
or
(b) intentionally induces the person so
deceived to do or omit to do anything
which he would not do or omit to do if he
were not so deceived and which act or
omission causes or is likely to cause
damage or harm to that person in body,
mind, reputation or property;
is said to cheat.
305. Whoever cheats shall be punished with imprisonment Punishment for
cheating
for a term not exceeding ten (10) years or with fine not
exceeding Five Hundred Thousand Naira (N500,000) or both, and
in addition shall be ordered to restore such money, property or
thing to the victim.
103
 306. A person is said to cheat by personation if he cheats Cheating by
personation
by pretending to be some other person or by knowingly
substituting one person for another or representing that he or
any other person is a person other than he or such other person
really is.
307. Whoever cheats by personation shall be punished Punishment for
cheating by
with imprisonment for a term which shall not be less than five (5) personation
years or with fine of not less than Two Hundred Thousand Naira
(N200,000) or both.
308. Whoever cheats with the knowledge that he is likely Cheating a
person whose
thereby to cause wrongful loss to a person whose interest in the interest offender
transaction to which the cheating relates, he was bound either by is bound to
law or by a legal contract to protect, shall be punished with protect
imprisonment for a term which shall not be less than five (5)
years or with fine of not less than Two Hundred Thousand Naira
(200,000) or both, and in addition shall be ordered to restore
such money, property or thing to the victim.
309. Whoever cheats and thereby fraudulently or Cheating and
dishonestly
dishonestly induces the person decieved to deliver any property inducing delivery
to himself or any person or to make, alter or destroy the whole or of property
any part of a document of title or anything which is signed or
sealed and which is capable of being converted into a document
of title, shall be punished with imprisonment for a term which
shall not be less than seven (7) years and shall be liable to fine of
not less than Three Hundred Thousand Naira.

310. Whoever, with intent to cause or knowing that he is Mischief

likely to cause wrongful loss or damage to the public or to any
person causes the destruction of any property or any such
change in any property or in the situation thereof destroys or
diminishes its value or utility or affects it injuriously commits
mischief.
311. Whoever commits mischief shall be punished with Punishment for
mischief
imprisonment for a term which shall not be less than two (2)
years or with fine of not less than Seventy Thousand Naira
(N70,000) or both.
104
 312. Whoever commits mischief by killing, poisoning, Mischief by killing
or maiming cattle
maiming or rendering useless any camel, horse, donkey, cattle or
any animal whatever may be the value thereof, shall be punished
with imprisonment for a term which shall not be less than seven
(7) years or with fine of not less than Three Hundred Thousand
Naira (N300,000) or both.

313. Whoever commits mischief by doing any act which Mischief in

relation to water
renders or which he knows to be likely to render any installation supply
for the supply or distribution of water less efficient for its
intended purpose or which causes or which he knows to be likely
to cause a diminution of the supply of water for animals which
are the subject of ownership or for any domestic, agricultural or
commercial purposes, shall be punished with imprisonment for a
term which may extend to five (5) years or with fine not
exceeding Two Hundred Thousand Naira (N200,000) or both.

314. Whoever commits mischief by doing any act which Mischief by injury
to public road,
renders or which he knows to be likely to render any public road, bridge, river or
bridge, navigable river or navigable channel natural or artificial channel
impassable or less safe for travelling or conveying property, shall
be punished with imprisonment for a term which may extend to
fourteen (14) years or with fine not exceeding Four Hundred
Thousand Naira (N400,000) or both.

315. Whoever commits mischief by doing any act which Mischief by

inundation or
causes or which he knows to be likely to cause an inundation or obstruction to
an obstruction to any public drainage system attended with injury public drainage
or damage, shall be punished with imprisonment for a term which
may extend to five (5) years or with fine not exceeding Two
Hundred Thousand Naira (N200,000) or both.

316. Whoever commits mischief by doing any act which Mischief in

relation to
renders or which he knows to be likely to render any installlation electricity and
for generating, storing, transmitting or distributing electricity or tele-
any telecommunication installation less efficient for its intended communication
purpose or which causes or which he knows to be likely to cause
a diminution of any supply of electricity, shall be punished with
105
imprisonment for a term which shall not be less than seven (7)
years or with fine of not less than Three Hundred Thousand Naira
(N300,000) or both.
317. Whoever commits mischief by destroying or moving Mischief by
destroying or
any land mark fixed by the authority of a public servant or by any moving
act which renders such land mark less useful as such, shall be a public land
punished with imprisonment for a term which shall not be less mark
than five (5) years or with fine of not less than Two Hundred
Thousand Naira (200,000) or both.

318. Whoever commits mischief by fire or any explosive Mischief by fire or

explosive with
substance intending to cause or knowing it to be likely that he intent to destroy
will thereby cause the destruction of any building which is house etc.
ordinarily used as a place of worship or as a human dwelling or
as a place for the custody of property, shall be punished with
imprisonment for life or for any less term and shall also be liable
to fine.
319. Whoever commits mischief to any decked vessel or Mischief to vessel
any vessel of a burden of twenty tons or upwards intending to
destroy or render unsafe or knowing it to be likely that he will
thereby destroy or render unsafe that vessel, shall be punished
with imprisonment for a term which shall not be less than ten
(10) years or with fine of not less than Three Hundred Thousand
Naira (N300,000).
320. Whoever commits or attempts to commit by fire or Mischief by fire to
vessel
any explosive substance such mischief as described in Section
319 of this Law, shall be punished with imprisonment for a term
which shall not be less than twenty one (21) years and fine of not
less than Eight Hundred Thousand Naira (N800,000).
321. Whoever intentionally runs any vessel aground or Running vessel
aground or
ashore intending to commit theft of any property contained ashore with intent
therein or to misappropriate any such property dishonestly or to commit theft
with intent that such theft or misappropriation of property may be
committed, shall be punished with imprisonment for a term which
shall not be less than Seven (7) years and shall also be liable to
fine of Three Hundred Thousand Naira (N300,000).

106
 322. Whoever commits mischief having made preparation Mischief commit-
ted after
for causing to any person death or hurt or wrongful restraint or preparation made
fear of death or of hurt or of wrongful restraint, shall be punished for
with imprisonment for life or any less term and shall also be liable causing death or
to fine. hurt

323. Whoever enters into or upon property in the Criminal trespass

possession of another with intent to commit an offence or to
intimidate, insult or annoy any person in possession of such
property, or having lawfully entered into or upon such property,
unlawfully remains there commits criminal trespass.
324.(1) Whoever commits criminal trespass by entering into House trespass
or remaining in any building, tent or vessel used as human
dwelling or any building used as a place of worship or as a place
for the custody of property or any railway carriage, motor vehicle
or aircraft used for conveyance of passengers or goods, is said to
commit house trespass.
(2) For the purpose of this Section, “building” means a
structure of any kind whether permanent or temporary.
325.(1) Whoever commits house trespass, having taken Lurking house
trespass
precautions to conceal such house trespass from some person
who has a right to exclude or eject the trespasser from the
building, tent, vessel, or railway carriage, motor vehicle or aircraft
which is the subject of the trespass, is said to commit lurking
house trespass.
(2) For the purpose of this Section, “building” means a
structure of any kind whether permanent or temporary.
326. Whoever commits lurking house trespass between Lurking house
trespass by night
sunset and sunrise is said to commit lurking house trespass by
night.
327. A person is said to commit house breaking, if he House breaking
effects his entrance into the house or any part of it in any of the
six ways hereinafter described, or if being in the house or any
part of it for the purpose of committing an offence or having
committed an offence therein, he quits the house or any part of it
in any of such six ways, that is to say:
107
 (a) if he enters or quits through a passage
made by himself or by any abettor of the
house trespass in order to commit the
house trespass;
(b) if he enters or quits through any passage
not intended by any person, other than
himself or an abettor of the offence, for
human entrance, or through any
passage to which he has obtained access
by scaling or climbing over any wall or
building;
(c) if he enters or quits through any passage
which he or any abettor of the house
trespass has opened in order to commit
the house trespass which that passage
was not intended by the occupier of the
house to be opened;
(d) if he enters or quits by opening any lock in
order to commit the house trespass or in
order to quit the house after a house
trespass;
(e) if he effects his entrance or departure by
using criminal force or committing an
assault or by threatening any person
with assault; or
(f) if he enters or quits through any passage
which he knows to have been fastened
against such entrance or departure and
to have been unfastened by himself or
by an abettor of the house trespass.
328. Whoever commits house breaking between sunset House breaking
by night
and sunrise, is said to commit house breaking by night.
329. Whoever commits criminal trespass, shall be punished Punishment for
criminal trespass
with imprisonment for a term which shall not be less than Six
Months or with fine of not less than Twenty Five Thousand Naira
(25,000) or both.
108
 330. Whoever commits house trespass shall be punished Punishment for
house trespass
with imprisonment for a term which shall not be less than Six
Months or with fine of not less than Twenty Five Thousand Naira
(N25,000) or both.
331.(1) Whoever commits house trespass in order to Punishment for
House trespass to
commit any offence punishable with death, shall be punished commit offence
with imprisonment for life. punishable with
death, etc.
(2) Whoever commits house trespass in order to commit
any offence punishable with Fourteen (14) years imprisonment,
shall be punished with imprisonment for a term not exceeding
Ten (10) years and shall also be liable to fine.
(3) Whoever commits house trespass in order to commit
any offence punishable with imprisonment, shall be punished with
imprisonment for a term which may extend to Seven (7) years
and shall also be liable to fine.
332. Whoever commits lurking house trespass or house Punishment for
Lurking house
breaking, shall be punished with imprisonment for a term which trespass or house
shall not be less than Two (2) years and shall also be liable to breaking
fine of Seventy Thousand Naira (N70,000).
333. Whoever commits lurking house trespass by night or Punishment for
Lurking house
house breaking by night, shall be punished with imprisonment for trespass or house
a term which may extend to Fourteen (14) years and shall also breaking by night
be liable to fine not exceeding Seven Hundred Thousand Naira
(N700,000).
334. If at the time of the commission of lurking house Joint liability for
lurking house
trespass by night or house breaking by night, any person guilty of trespass or house
such offence voluntarily causes or attempts to cause death or breaking by night
grievous hurt to any person, every person jointly concerned in where death or
committing such lurking house trespass by night or house grievous hurt
caused
breaking by night, shall be punished with imprisonment for life.

335. Whoever dishonestly or with intent to commit Breaking open

receptacle
mischief breaks open or unfastens any closed receptacle which containing
contains or which he believes to contain property, shall be property

109
punished with imprisonment for a term which shall not be less
than Three (3) years and shall also be liable to fine of not less
than One Hundred Thousand Naira (N100,000).

336. Whoever, being entrusted with any closed receptacle Breaking open
receptacle by
which contains or which he believes to contain property, without person entrusted
having authority to open same dishonestly or with intent to with custody
commit mischief or any offence breaks open or unfastens that
receptacle, shall be punished with imprisonment for a term which
shall not be less than Three (3) years or with fine of not less than
One Hundred Thousand Naira (N100,000) or both.

337. Whoever is discovered between sunset and sunrise Lurking with

house breaking
carrying false keys or other instruments suitable for house instruments
breaking and seeks to conceal himself or is otherwise shown to
have a criminal intention, shall be punished with imprisonment
for a term which may extend Three (3) years and a fine not
exceeding One Hundred Thousand Naira (N100,000).

338. Whoever imitates or alters any key or fabricates any Fabrication of

false key or
instrument intending that such false key or instrument shall be instrument
used for a criminal purpose, shall be punished with imprisonment
for a term which may extend to Three (3) years and a fine not
exceeding Seventy Thousand Naira.
CHAPTER 21
FORGERY

339. A person is said to make a false document: Making a false

document
(a) who dishonestly or fraudulently makes,
signs, seals or executes a document or
part of a document or causes or brings a
document into operation or makes any
mark denoting the intention of causing it
to be believed that such document or
part of a document was made, signed,
sealed or executed by or by the authority
of a person by whom or by whose
110
 authority he knows that it was not made,
signed, sealed or executed or at the time
at which he knows that it was not made,
signed, sealed or executed;
(b) who without lawful authority dishonestly
or fraudulently by cancellation or
otherwise alters or mutilates a document
in any material part thereof after it has
been made or executed either by himself
or by any other person whether such
person be living or dead at the time of
such alteration; and
(c) who dishonestly or fraudulently causes
any person to sign, seal, execute or alter
a document knowing that such person
by reason of unsoundness of mind or
intoxication, cannot or that by reason of
deception practiced upon him, he does
not know the contents of the document
or the nature of the alteration.
340. Whoever makes any false document or part of a Forgery and
forged document
document, with intent to cause damage or injury to the public or
to any person or to support any claim or title or to cause any
person to part with property or to enter into any express or
implied contract or with intent to commit fraud or that fraud may
be committed, commits forgery, and a false document made
wholly or in part by forgery is called a forged document.

341. Whoever commits forgery shall be punished with Punishment for

forgery
imprisonment for a term which shall not be less than Ten (10)
years and shall also be liable to fine of not less than Three
Hundred Thousand Naira (N300,000).
342. Whoever forges: Forgery of public
seals
(a) a thing which purports to be the great
seal of the Federal Republic of Nigeria or
the public seal of the Government of the

111
 State or of any Government within the
Federation of Nigeria or any seal of the
Governor or any public officer lawfully
appointed to be used to authenticate an
act of state in any part of the State of
Nigeria; or
(b) a document having on it or affixed to it
any such seal, sign or sign-manual or
anything which purports to be or is
intended by that person to be
understood to be, any such seal, sign or
sign manual;
shall be punished with imprisonment for a term of not
less than fifteen years (15) years and shall also be liable to
fine.

343. Whoever fraudulently or dishonestly uses as genuine Using as genuine

a forged
any document which he knows or has reason to believe to be a document
forged document, shall be punished in the same manner as if he
had forged such document.

344. Whoever makes or counterfeits any seal, plate or Making or

possessing
other instrument for making an impression intending that the counterfeit seal
same shall be used for the purpose of committing forgery or with with intent to
such intent, has in his possession any such seal, plate or other commit forgery
instrument knowing the same to be counterfeit, shall be punished
with imprisonment for a term which shall not be less than Ten
(10) years and shall also be liable to fine of not less than Five
Hundred Thousand Naira (N500,000).

345. Whoever has in his possession any forged document Possession of

forged record
knowing the same to be forged and intending that the same shall
fraudulently or dishonestly be used as genuine, shall be punished
with imprisonment for a term which shall not be less than Ten
(10) years and shall also be liable to fine of not less than Five
Hundred Thousand Naira (N500,000).

112
 346. Whoever counterfeits upon or in the substance of any Counterfeiting
device or mark
material any device or mark used for the purpose of used for
authenticating any document intending that such device or mark authenticating
shall be used for the purpose of giving the appearance of documents
authenticity to any document then forged or thereafter to be
forged on such material or who with such intent has in his
possession any material upon or in the substance of which any
device or mark has been counterfeited, shall be punished with
imprisonment for a term which shall not be less than Ten (10)
years and shall also be liable to fine of not less than Three
Hundred Thousand Naira (N300,000).

347. Whoever fraudulently or dishonestly or with intent to Fraudulent

cancellation or
cause damage or injury to the public or to any person, cancels, destruction of
destroys or defaces or attempts to cancel, destroy or deface or document of title
secrete or commit theft in respect of any document which is or
purports to be a document of title or a will or commits mischief in
respect to any such document, shall be punished with
imprisonment for a term which shall not be less than Ten (10)
years and shall also be liable to fine of not less than Three
Hundred Thousand Naira (N300,000).

348. Whoever, being a clerk, officer or servant or in any Falsification of

accounts
capacity, or employed or acting in the capacity of a clerk, officer
or servant, or in any capacity wilfully and with intent to defraud,
destroys, alters, mutilates or falsifies any book, paper, writing,
document of title or account, which belongs to or is in possession
of his employer or has been received by him for or on behalf of
his employer or willfully and with intent to defraud, makes or
abets the making of any false entry in or omits or alters or abets
the omission or alteration of any material particular from or in
any such book, paper, writing, document of title or account, shall
be punished with imprisonment for a term which shall not be less
than Ten (10) years and shall also be liable to fine of not less
than Three Hundred Thousand Naira (N300,000).

113
 349. A mark used for denoting that movable property Property mark
belongs to a particular person is called a property mark.

350. Whoever marks any moveable property or goods or Using a false

property mark
uses any case, package or other receptacle containing movable
property or goods or uses any case, package or other receptacle
having any mark thereon in a manner reasonably calculated to
cause it to be believed that the property or goods so marked or
any property or goods contained in any such receptacle so
marked belongs to a person to whom they do not belong, is said
to use a false property mark.
351. Whoever uses any false property mark, shall, unless Punishment for
using a false
he proves that he acted without intent to defraud, be punished property mark
with imprisonment for a term which shall not be less than Six
Months or with fine of not less than Ten Thousand Naira
(N10,000) or both.
352. Whoever counterfeits any property mark used by any Counterfeiting a
property mark
other person, shall be punished with imprisonment for a term used by another
which shall not be less Two (2) years or with fine of not less than
Seventy Thousand Naira (N70,000) or both.
353. Whoever counterfeits any property mark used by a Counterfeiting a
mark used by a
public servant to denote that any property has been public servant
manufactured by a particular person or at a particular time or
place or that the property is of a particular quality or has passed
through a particular office or that it is entitled to any exemption
or uses as genuine any such mark knowing the same to be
counterfeit, shall be punished with imprisonment for a term which
shall not be less than Three (3) years and shall also be liable to
fine of not less than One Hundred Thousand Naira (N100,000).
354. Whoever makes or has in his possession any dye, Making or
possession of any
plate or other instrument for the purpose of counterfeiting a instrument for
property or has in his possession a property mark for the purpose counterfeiting a
of denoting that any goods belongs to a person to whom they do property mark
not belong, shall be punished with imprisonment for a term which
shall not be less than Three (3) years and shall also be liable to
fine of not less than One Hundred Thousand Naira (N100,000).

114
 355. Whoever makes any false mark upon any case, Making false
mark upon any
package or other receptacle containing goods in any manner receptacle con-
reasonably calculated to cause any public servant or any other taining goods
person to believe that such receptacle contains goods which it
does not contain or that it does not contain goods which it does
contain or that the goods contained in such receptacle are of a
nature or quality different from the real nature or quality thereof,
shall, unless he proves that he acted without intent to defraud,
be punished with imprisonment for a term which shall not be less
than Three (3) years or with fine of not less than One Hundred
Thousand Naira (N100,000) or both.

356. Whoever makes use of any such false mark in any Making use of
any such false
manner prohibited by Section 355 of this Law, shall unless he mark
proves he acted without intent to defraud, be punished as if he
had committed an offence against the said Section.

357. Whoever removes, destroys, defaces or adds to any Tempering with

property mark
property mark intending or knowing it to be likely that he may
thereby cause injury to any person, shall be punished with
imprisonment for a term which shall not be less than One (1)
year or with fine of not less than Fifty Thousand Naira (N50,000)
or both.
CHAPTER 22
CRIMINAL BREACH OF CONTRACT OF SERVICE
358. Whoever, being bound by a lawful contract to render Breach of
contract of
his personal service in conveying or conducting any person or any service during
property from one place to another place or to act as servant to voyage or journey
any person during a voyage or journey or to guard any person or
property during the voyage or journey, voluntarily omits so to do,
except in the case of illness or ill-treatment, shall be punished
with imprisonment for a term which shall not be less than six
months or with fine of not less than Twenty Five Thousand Naira
(N25,000) or both.

115
 359. Whoever, being bound by a lawful contract to attend Breach of
contract to attend
on or to supply the needs of any person, who by reason of age, on and supply
unsoundness of mind or of disease or bodily weakness is helpless needs of helpless
or incapable of providing for his own safety or of supplying his person
own needs, voluntarily omits so to do, shall be punished with
imprisonment for a term which shall not be less than Two (2)
years or with fine of not less than Seventy Thousand Naira
(N70,000) or with both.

CHAPTER 23
OFFENCES RELATING TO MARRIAGE AND INCEST

360. Every man who by deceit causes any woman who is Deceitfully indu-
cing belief of
not lawfully married to him to believe that she is lawfully married lawful marriage
to him and to cohabit or have sexual intercourse with him in that
belief, shall be punished with imprisonment for a term which shall
not be less than Ten (10) years or with fine of not less than Five
Hundred Thousand Naira (N500,000) or both.

361.(1) Whoever having a husband or wife living, marries in Bigamy

any case in which such marriage is void by reason of it’s taking
place during the life of such husband or wife, shall be punished
with imprisonment for a term which shall not be less than Seven
(7) years and shall also be liable to fine of not less than Three
Hundred Thousand Naira (N300,000).
Provided that the former marriage was conducted under the
Marriage Act or by a registered and licensed Church.

(2) This Section shall not extend:

(a) to any person whose marriage with such
husband or wife has been legally
dissolved; or
(b) to any person who contracts a marriage
during the life of a former husband or
wife, if such husband or wife at the time
of the subsequent marriage shall have
been continually absent from such
116
 person for the span of seven years and
shall not have been heard of by such
person as being alive within that time,
provided that the person contracting
such subsequent marriage shall, before
such marriage takes place, inform the
person with whom the subsequent
marriage is contracted of the real state
of facts so far as the same are within his
or her knowledge.
362. Whoever commits the offence defined in Section 361 of Re-marriage with
this Law, having concealed from the person with whom the concealment of
former marriage
subsequent marriage is contracted the fact of the former marriage,
shall be punished with imprisonment for a term which shall not be
less than Seven (7) years and shall also be liable to fine of not less
than Three Hundred Thousand Naira (N300,000).
363. Whoever dishonestly or with a fraudulent intention goes Marriage
ceremony
through the ceremony of being married knowing that he is not
fraudulently gone
thereby lawfully married, shall be punished with imprisonment for a through without
term which shall not be less than Three (3) years or with fine of not lawful marriage
less than One Hundred Thousand Naira (N100,000) or both.
364. Whoever has sexual intercourse with a person who is Punishment for
not and whom the person knows or has reason to believe is not the adultery
person’s spouse, such sexual intercourse not amounting to the
offence of rape, is guilty of the offence of adultery and shall be
punished with imprisonment for a term which shall not be less than
Two (2) years or with fine of not less than Seventy Thousand Naira
(N70,000) or both.
365. Whoever takes or entices away any person, who is and Enticing or taking
whom the person knows or has reason to believe to be the spouse away or detaining
with criminal
of any other person, from that person or from any person having intent a spouse
the care on behalf of that person, with intent that the person may
have illicit intercourse with him, her or any other person, or
conceals or detains with intent that any person may have sexual
intercourse with him, her or any other person, shall be punished
with imprisonment for a term which shall not be less than Two (2)
years or with fine of not less than Seventy Thousand Naira
(N70,000) or both.
117
 366. Whoever being a man has intercourse with a woman Incest
who is and whom he knows or has reason to believe to be his
daughter, his granddaughter, his mother or any of his female
ascendants or descendants, his sister or the daughter of his brother
or sister or his paternal or maternal aunt and whoever being a
woman voluntarily permits a man who is and whom she knows or
has reason to believe, to be her son, her grandson, her father or
any other of her male ascendants or descendants, her brother or
the son of her brother or sister or her paternal or maternal uncle to
have sexual intercourse with her, shall be punished with
imprisonment for a term which shall not be less than Fourteen (14)
years and shall be liable to fine of not less than Seven Hundred
Thousand Naira (N700,000).
CHAPTER 24
DEFAMATION
367.(1) Whoever by words either spoken or reproduced by Defamation and
exceptions
mechanical or eletronic means or intended to read or by signs or thereto
by visible representations makes or publishes any imputation
concerning a person intending to harm or knowing or having
reason to believe that such imputation will harm the reputation of
such person is said, save in the cases hereafter listed under Sub-
Section (2), to defame that person.

(2) It is not defamation:

(i) to impute anything which is true concer-
ning any person, if it be for the public
good that the imputation should be made
or published; whether or not it is for the
public good is a question of fact;
(ii) to express in good faith based on fact,
any opinion whatever respecting the
conduct of a public servant in the
discharge of his public functions or
respecting his character so far as his
character appears in that conduct and no
further;
118
(iii) to express in good faith any opinion based
on fact whatever respecting the conduct
of any person touching any public
question and respecting his character so
far as his character appears in that
conduct and no further;
(iv) to publish a substantially true report of
the proceedings of a Court, tribunal, or
commission of inquiry of the result of any
such proceedings;
(v) to express in good faith any opinion based
on fact whatever respecting the merits of
any case, civil or criminal which has been
decided by a Court or respecting the
conduct of any person as a party, witness
or agent in any such case or respecting
the character of such person as far as his
character appears in that conduct and no
further;
(vi) to express in good faith any opinion
respecting the merits of any performance
which its author has submitted to the
judgment of the public or respecting the
character of the author so far as his
character appears in such performance
and no further;
(vii) if a person having over another any
authority either conferred by law or
arising out of a lawful contract made with
that other to pass in good faith any
censure on the conduct of that other in
matters to which lawful authority relates;
(viii) to prefer in good faith an accusation
against any person to any of those who
have lawful authority over that person
with respect to the subject matter of the
accusation;
119
 (ix) to make an imputation on the character of
another, provided that the imputation be
made in good faith for the protection of
the interest of the person making it or of
any other person or for the public good;
(x) to convey a caution in good faith to one
person against another, provided that
such caution be intended for the good of
the person to whom it is conveyed or of
some person in whom that person is
interested or for the public good.
368. Whoever defames another shall be punished with Punishment for
defamation
imprisonment for a term which shall not be less than Two (2)
years or with fine of not less than Seventy Thousand Naira
(70,000) or both.
369.(1) Whoever, save as hereinafter excepted, by words Injurious
falsehood
either spoken or reproduced by mechanical or electronic means
or by means of internet communication or intended to be read or
signs or by visible representations makes or publishes any false
statement of fact, intending to harm or knowing or having reason
to believe that such false statement of fact will harm the
reputation of any person or class of persons or of the
Government or of Local Government Council in the State, shall be
punished with imprisonment for a term which shall not be less
than Two (2) years or with fine of not less than Seventy
Thousand Naira (70,000) or both.
(2) It is not an offence under this Section, to make or
publish in good faith a false statement of fact which the
defendant had reasonable grounds for believing to be
substantially true, and the proof that he had such reasonable
grounds shall lie on the defendant.
370. Whoever prints, engraves or circulates or passes any Printing or
engraving matter
matter or prepares or causes to be prepared any matter, knowing known to be
or having good reason to believe that such matter is defamatory defamatory
of any person, shall be punished with imprisonment for a term
which shall not be less than Two (2) years or with fine of not less
than Seventy Thousand Naira (70,000) or both.
120
 371. Whoever sells, circulates or offers for sale any printed Sale of printed or
engraved
or engraved substance containing defamatory matter or any substance
record prepared for the purpose of the mechanical or electronic containing
reproduction of defamatory matter, shall be punished with defamatory
imprisonment for a term which shall not be less than Two (2) matter
years or with fine of not less than Seventy Thousand Naira
(N70,000) or both.
CHAPTER 25
CRIMINAL INTIMIDATION, INSULT, ANNOYANCE AND
DRUNKENNESS
372. Whoever threatens another with any injury to his Criminal
intimidation
person, reputation or property or to the reputation or property of
anyone in whom that person is interested, with intent to cause
harm to that person or to cause that person to do anything which
he is not legally bound to do or to omit to do any act which he is
legally entitled to do as the means of avoiding the execution of
such threats, commits criminal intimidation.
373. Whoever commits the offence of criminal intimidation Punishment for
criminal
shall be punished: intimidation
(a) with imprisonment for a term which shall
not be less than Two (2) years or with
fine of not less than Seventy Thousand
Naira (N70,000) or both;

(b) if the threat is to cause death or

grievous hurt or to cause the destruction
of any property by fire or to cause an
offence punishable with death or with
imprisonment for a term which shall
extend to Seven (7) years or to impute
un-chastity to any woman, shall be
punished with imprisonment for a term
which shall not be less than Seven (7)
years or with fine of not less than Three
Hundred Thousand Naira (N300,000) or
both.
121
 374. Whoever commits the offence of criminal intimidation Criminal
intimidation by an
by an anonymous communication or having taken precaution to anonymous
conceal the name or abode of the person from whom the threat communication
comes, shall be punished with imprisonment for a term which
shall not be less than Seven (7) years or with fine of not less than
Three Hundred Thousand Naira (N300,000) or both.
375. Whoever uses insulting or abusive language or Use of insulting
or abusive
otherwise conducts himself towards any person or any member language
of such class or group of persons, whether such person or any
member of such class or group is present or not, in a manner
likely to give such provocation to any person present as to cause
such last mentioned person to breach the public peace or to
commit any other offence, shall be punished with imprisonment
for a term which may extend to Two (2) years or with fine not
exceeding One Hundred Thousand Naira (N100,000) or both.
376. Whoever intending to insult the modesty of any Word, gesture or
act intended to
person utters any word, makes any sound or gesture or exhibits insult the modes-
any object, intending that such word or sound shall be heard or ty of a person
that such gesture or object shall be seen by such person or
intrudes upon the privacy of such person, shall be punished with
imprisonment for a term which shall not be less than Six months
or with fine of not less than Twenty Five Thousand Naira
(N25,000) or both.

377. Whoever is found drunk in a public place or in any Drunkenness in a

public place
other place by entering which he committed a trespass, shall be
punished:
(a) with imprisonment for a term which shall not
be less than Six months or with fine, or both;
(b) if the person so found conducts himself in
such place in a disorderly manner or is
incapable of taking care of himself, with
imprisonment for a term which shall not be
less than One (1) year or with fine of not less
than Fifty Thousand Naira (N50,000) or both.

122
 378. Whoever being drunk in a private place conducts Drunkenness in
a private place
himself in a disorderly manner to the annoyance of any person
having a right to exclude him from such place or fails to leave
such place when requested to do so by such person, shall be
punished with imprisonment for a term which shall not be less
than Six months or with fine of not less than Twenty Five
Thousand Naira (N25,000) or both.
379. Whoever being of the Muslim faith drinks or consumes Drinking alcohol
anything containing alcohol or other intoxicating substances shall
be punished with imprisonment for a term which may extend to
One month or with fine which may extend to Ten Thousand Naira
(N10,000) or both.
380. Whoever is convicted of an offence under Section 377, Effect of previous
convictions under
378 or 379 shall, if he is shown to have been convicted of an Section 377, 378
offence under any of such Sections within the previous Six or 379
months, be punished:
(a) with imprisonment or fine which may
extend to twice the maximum
imprisonment or maximum fine
prescribed for the offence of which he is
convicted; and
(b) if he is shown to have been convicted of
two or more such offences within the like
period, then with imprisonment or fine
which may extend to three times the
maximum imprisonment or maximum
fine aforesaid or with both.
CHAPTER 26
IDLE PERSON AND VAGABOND
381. In this chapter: Idle Person and
Vagabond
(1) The term “idle person” shall include:
(a) any person who wanders about or places
himself in any street or public place to
get or gather alms or causes or
encourages children to do so;
123
(b) any person who has no means of
livelihood or means of subsistence and
cannot give a satisfactory account of
himself;
(c) any common prostitute behaving in a
disorderly or indecent manner in a public
place or persistently importing or
soliciting persons for the purpose of
prostitution;
(d) any person playing at any game of
chance for money or money’s worth in
any public place;
(e) any person who in any street or place of
public resort or within sight or hearing of
any person therein disturbs the peace by
quarelling or attempting to quarrel or by
using any insolent, scurrilous or abusive
term of reproach;
(f) any person who in any street or place of
public resort or within sight or hearing of
any person therein with the intention of
annoying or irritating any person, sings
or otherwise utters any scurrilous or
abusive songs or words whether any
person be particularly addressed therein
or not;
(g) any person who in any street or place of
public resort is guilty of any riotous,
disorderly or insulting behavior to the
obstruction or annoyance of any person
lawfully using such street or place or any
place in the neighbourhood thereof;
(h) any person who in any private or
enclosed place is guilty of any riotous,
disorderly or insulting behavior;
(i) any person who being able wholly or in
part to maintain himself or his family
wilfully neglects or refuses to do so.
124
 (2) The term “vagabond” shall include:
(a) any person who after being convicted as
an idle person commits any of the
offences which would render him liable to
be convicted as such again;
(b) any person who is found in possession of
housebreaking implements with intent to
commit any of the offences defined in
Sections 324 to 328 contained in this
Law;
(c) any suspected person or notorious thief
who by night frequents or loiters about
any shop, warehouse; dwelling house,
dock or wharf with intent to commit any
offence under chapter 18 or 20 of this
Law;
(d) any person who knowingly lives wholly or
in part on the earning of a prostitute or in
any public place solicits or importunes for
immoral purposes; and
(e) any male person who dresses or is attired
in the fashion of a woman in a public
place or who practices sodomy as a
means of livelihood or as a profession.
(3) An “incorrigible vagabond” means any person who,
after his conviction as a vagabond, commits any of the offences
which would render him liable to be convicted as such again.
382.(1) Whoever is convicted as being an idle person shall Penalty on
conviction as idle
be punished with imprisonment for a term which may extend to person
Three months or with fine not exceeding Twenty Five Thousand
Naira (25,000) or with both in the case of a person falling within
the provisions of Section 381 pragraphs (a), (b), (c), (d), or (e).
(2) In the case of a person falling within the provisions
of Section 381 paragraphs (f), (g), (h) or (i) with imprisonment
for a term which may extend to One (1) year or with fine not
exceeding Fifty Thousand Naira (N50,000) or both.
125
 383.(1) Whoever is convicted as being a vagabond shall be Penalty on con-
viction as
punished with imprisonment which shall not be less than One vagabond
year or with fine of not less than Fifty Thousand (N50,000.00)
Naira or both.
(2) Whoever is convicted as being an incorrigible
vagabond shall be punished with imprisonment which may extend
to Three (3) years or with fine which may extend to One Hundred
Thousand (N100,000.00) Naira or both.
384. For the purposes of this Chapter in proving the intent Evidence of intent
to commit an
to commit an offence it shall not be necessary to show that the offence
person suspected was guilty of any particular act tending to show
the purpose or intent and he may be convicted if from the
circumstances of the case and from his known character as
proved to the Court before which he is brought it appears to the
Court that his intent was to commit such offence.
CHAPTER 27
THUGS AND THUGGERY
385. In this chapter “weapon” means dangerous articles Weapon
such as cutlass, machete, knife, axe, hoes, daggers, rakes,
spears, bows and arrows, scissors, needles, piece of wood, horn
or any metal by whatever name called that is capable of causing
bodily harm.
386. Whoever acts as a thug and threatens public or Thuggery without
weapon
individual peace without any weapon commits the offence of
thuggery and shall be punished with imprisonment for a term of
not less than One (1) year or with fine of not less than Fifty
Thousand Naira (N50,000) or both.
387. Whoever uses weapon and threatens any individual or Thuggery with
weapon
public either privately or in a public place commits the offence of
thuggery and shall on conviction be liable to be sentenced to a
term of imprisonment of not less than Two (2) years.
388.(1) Whoever aids, abets, instigates or conspires with Sponsors of
thuggery and
any other person or group of persons to cause public disturbance punishment
or threaten any person or group of persons commits the offence
of sponsoring thuggery.

126
 (2) Whoever commits the offence of sponsoring
thuggery shall be punished with imprisonment for a term of not
less than Two (2) years.
389. Whoever is found in unlawful possession of weapon Unlawful
possession of
commits an offence and shall be punished with imprisonment for weapon
a term of not less than Six months or with fine of not less than
Twenty Five Thousand Naira or both.

CHAPTER 28
USE OF PREMISES FOR THE PURPOSE OF COMMITTING
AN OFFENCE
390.(1) Whoever allows his premises to be used for the Unlawful use of
premises
purpose of committing an offence or offences under this Law is
said to commit the offence of unlawful use of premises.

(2) “premises” under this chapter includes land and

landed properties either used as a dwelling house or for any
other purpose.

391.(1) Whoever commits the offence of unlawful use of Punishment for

unlawful use of
premises shall be punished with imprisonment for a term not premises
exceeding Three (3) years and shall also be liable to fine.

(2) Whoever allows his premises to be used for the

purpose of committing an offence or offences punishable with
imprisonment for a term exceeding Ten (10) years shall be
punish with imprsionment for a term of not less than Three (3)
years and shall also be liable to fine and in addition may have the
title to the premises subject to the offence revoked.

CHAPTER 29
FEDERAL OFFENCES AND FIAT OF FEDERAL ATTORNEY-
GENERAL
392. Any act or omission within the State, the conduct of Federal offences
committed within
which is an offence by virtue of any legislation of the Federal the State
Government of Nigeria, shall also be an offence under this Law
127
and the legislation of the Federal Government of Nigeria
criminalizing the act or omission shall be deemed to be part of
this Law to the extent that the State has the powers to legislate
in respect of the act or omission therein.
393. The State may obtain the fiat of the Attorney-General Obtaining fiat of
the Attorney-
of the Federation of Nigeria to prosecute any offence created by General of the
any legislation of the Federal Government of Nigeria. Federation

CHAPTER 30 – REPEAL AND SAVINGS

394. The Penal Code Law of Katsina State, of Nigeria, 2019 Repeal
is repealed.
395. Notwithstanding the provisions of Section 394 of this Savings and
transition
Law, any act which is an offence established under the Penal
Code Law of Katsina State, 2019 and in which respect, the
prosecution is still pending in any Court, is hereby saved and shall
continue to be so until the final determination of such a case.

MADE at Katsina this………….day of…….…………………….…….,2021.

……………………………………………………
RT. HON. AMINU BELLO MASARI, CFR
GOVERNOR;
KATSINA STATE OF NIGERIA.

128