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Part 6

Offences Relating to property and contracts

 

Division 1

Stealing and Like offences

 

 

Chapter 34

Stealing

 

382.         Every inanimate thing whatever which is the property of any person, and which is movable, is capable of being stolen

 

                 Every inanimate thing which is the property of any person, and which is capable of being made movable, is capable of being stolen as soon as it becomes movable, although it is made movable in order to steal it.

 

                Every tame animal, whether tame by nature or wild by nature and tamed, which is the property of any person, is capable of being stolen: but tame pigeons are not capable of being stolen except while they are in a pigeon-house or on their owner's land.

 

                A thing in action is capable of being stolen.

 

                Animals wild by nature, of a kind which is not ordinarily found in a condition of natural liberty in Nigeria, which are the property of any person, and which are usually kept in a state of confinement, are capable of being stolen, whether they are actually in confinement or have escaped from confinement.

 

                Animals wild by nature, of a kind which is ordinarily found in a condition of natural liberty in Nigeria, which are the property of any person, are capable of being stolen while they are in confinement and while they are being actually pursued after escaping from confinement, but not at any other time.

 

                An animal wild by nature is deemed to he in a state of confinement so long as it is in a den, cage, sty, tank, or other small enclosure, or is otherwise so placed that it cannot escape and that its owner can take possession of it at pleasure.

 

                An ostrich on an enclosed ostrich farm is capable of being stolen.

 

                The term "animal" includes any Loving creature other than mankind.

 

                Wild animals in the enjoyment of their natural Liberty are not capable of being stolen, but their dead bodies are capable of being stolen.

 

                Everything produced by or forming part of the body of an animal capable of being stolen is capable of being stolen.

 

383.   (1)          A person who fraudulently takes anything capable of being stolen, or fraudulently converts to his own use or to the use of any other person anything capable of being stolen, is said to steal that thing.

 

  (2)          A person who takes or converts anything capable of being stolen is deemed to do so fraudulently if he does so with any of the following intents-

 

(a)           an intent permanently to deprive the owner of the thing of it;

 

(b)           an intent permanently to deprive any person who has any special property in the thing of such property;

 

(c)           an intent to use the thing as a pledge or security;

 

(d)           an intent to part with it on a condition as to its return which the person taking or converting it may be unable to perform;

 

(e)            an intent to deal with it in such a manner that it cannot be returned in the condition in which it was at the time of the taking or conversion;

 

(f)             in the case of money, an intent to use it at the will of the person who takes or converts it, although he may intend afterwards to repay the amount to the owner.

 

                 The term "special property" includes any charge or lien upon the thing in question, and any right arising from or dependent upon holding possession of the thing in question, whether by the person entitled to such right or by some other person for his benefit.

 

  (3)          The taking or conversion may he fraudulent, although it is effected without secrecy or attempt at concealment.

 

  (4)          In the case of conversion, it is immaterial whether the thing converted is taken for the purpose of conversion, or whether it is at the time of the conversion in the possession of the person who converts it. It is also immaterial that the person who converts the property is the holder of a power of attorney for the disposition of it, or is otherwise authorised to dispose of the property.

 

  (5)          When a thing converted has been lost by the owner and found by the person who converts it, the conversion is not deemed to be fraudulent if at the time of the conversion the person taking or converting the thing does not know who is the owner, and believes on reasonable grounds that the owner cannot be discovered.

 

  (6)          A person shall not be deemed to take a thing unless he moves the thing or causes it to move.

 

384.   (1)         When a factor or agent pledges or gives a lien on any goods or documents of title to goods entrusted to him for the purpose of sale or otherwise for any sum of money not greater than the amount due to him from his principal at the time of pledging or giving the lien, together with the amount of any bill of exchange or promissory note accepted or made by him for or on account of his principal, such dealing with the goods or document of title is not deemed to be stealing.

 

  (2)         When a servant, contrary to his master's orders, takes from his possession any food in order that it may be given to an animal belonging to or in the possession of his master, such taking is not deemed to he stealing.

 

385.        When a person receives, either alone or jointly with another person, any money or valuable security or a power of attorney for the sale mortgage, pledge, or other disposition, of any property, whether capable of being stolen or not, with a direction in either case that such money or any part thereof, or any other money received in exchange for it, or any part thereof, or the proceeds or any part of the proceeds of such security, or of such security, or of such mortgage, pledge, or other disposition, shall he applied to any purpose or paid to any person specified in the direction, such money and proceeds are deemed to he the property of the person from whom the money, security, or power of attorney, was received until the direction has been complied with:

 

                Provided that if the person receiving the money, security, or power of attorney, and the person from whom he receives it, ordinarily deal with each other on such terms that in the absence of any special direction all money paid to the former on account of the latter would be properly treated as an item in a debtor and creditor account between them, the former cannot be charged with stealing the money or any such proceeds unless the direction is in writing.

 

386.        When a person receives, either alone or jointly with another person, any property from another on terms authorising or requiring him to sell it or otherwise dispose of it, and requiring him to pay or account for the proceeds of the property, or any part of such proceeds, or to deliver anything received in exchange for the property, to the person whom it is received, or some other person, then the proceeds of the property, and anything so received in exchange for it, are deemed to be the property of the person from whom the property was so received, until they have been disposed of in accordance with the terms on which the property was received, unless it is a part of those terms that the proceeds, if any, shall form an item in a debtor and creditor account between him and the person to whom he is to pay them or

 

387.         When a person receives, either alone or jointly with another person, any money on behalf of another, the money is deemed to be the property of the person on whose behalf it is received, unless the money is received on the terms that it shall form an item in a debtor and creditor account, and that the relation of debtor and creditor only shall exist between the parties in respect of it.

 

388.         When any person takes or converts anything capable of being stolen, in such circumstances as would otherwise amount to stealing, it is immaterial that he himself has a special property or interest therein, or that he himself is the owner of the thing taken or converted subject to some special property or interest of some other person therein; or that he is lessee of the thing, or that he himself is one of two or more joint owners of the thing; or that he is a director or officer of a corporation or company or society who are the owners of it.

 

389.         A person who, while a man and his wife are living together, procures either of them to deal with anything which is, to his knowledge, the property of the other in a manner which would be stealing if they were not married, is deemed to have stolen the thing, and may be charged with stealing it.

 

390.         Any person who steals anything capable of being stolen is guilty of a felony, and is liable, if no other punishment is provided, to imprisonment for three years.

 

 

Punishment in Special Cases

 

 

  (1)          If the thing stolen is a testamentary instrument, whether the testator is living or dead, the offender is liable to imprisonment for life.

 

  (2)          If the thing stolen is postal matter or any chattel, money, or valuable security, contained in any postal matter, the offender is liable to imprisonment for life.

 

  (3)          If the thing stolen is any of the things following, that is to say: a horse, mare, gelding, ass, mule, cancel, bull, cow, ox, ram, ewe, wether, goat or pig, or the young of any such animal, the offender is liable on conviction to pay a fine of two hundred naira or to imprisonment for two years.

 

  (4)          If the offence is committed in any of the following circumstances-

 

(a)            if the thing is stolen from the person of another;

 

(b)            if the thing is stolen in a dwelling-house, and its value exceeds ten naira, or the offender at or immediately before or after the time of stealing uses or threatens to use violence to any person in the dwelling-house;

 

(c)            if the thing is stolen from any kind of vessel or vehicle or place of deposit used for the conveyance or custody of goods in transit from one place to another;

 

(d)            if the thing is stolen is attached to or forms part of a railway;

 

(e)            if the thing is stolen from a vessel which is in distress or wrecked or stranded;

 

(f)            if the thing is stolen from a public office in which it is deposited or kept;

 

(g)            if the offender, in order to commit the offence, opens any locked room, box, or other receptacle, by means of a key or other instrument;

 

                the offender is liable to imprisonment for seven years.

 

  (5)          If the offender is a person employed in the public service and the thing stolen is the property of the State, or came into the possession of the offender by virtue of his employment, he is liable to imprisonment for seven years.

 

  (6)          If the offender is a clerk or servant, and the thing stolen is the property of his employer, or came into the possession of the offender on account of his employer, he is liable to imprisonment for seven years.

 

  (7)          If the offender is a director or officer of a corporation or company, and the thing stolen is the property of the corporation or company, he is liable to imprisonment for seven years.

 

  (8)          If the thing stolen is any of the following things-

 

(a)            property which has been received by the offender with a power of attorney for the disposition thereof;

 

(b)            property which has been entrusted to the offender either alone or jointly with any other person for him to retain in safe custody or to apply, pay or deliver for any purpose or to any person the same or any part thereof or any proceeds thereof;

 

(c)            property which has been received by the offender either alone or jointly with any other person for or on account of any other person;

 

(d)            the whole or part of the proceeds of any valuable security which has been received by the offender with a direction that the proceeds thereof should be applied to any purpose or paid to any person specified in the direction;

 

(e)            the whole or part of the proceeds arising from any disposition of any property which have been received by the offender by virtue of a power of attorney for such disposition, such power of attorney having been received by the offender with a direction that such proceeds should be applied to any purpose or paid to any person specified in the direction;

 

                the offender is liable to imprisonment for seven years.

 

  (9)          If the thing stolen is of the value of one thousand naira or upwards, the offender is liable to imprisonment for seven years.

 

 (10)         If the thing stolen is a fixture or chattel let to the offender to be used by him with a house or lodging, and its value exceeds ten naira, he is liable to imprisonment for seven years.

 

(10A)       If the thing stolen is a motor vehicle or motor cycle the offender shall upon conviction be sentenced to imprisonment for not less than five years but not more than seven years without the option of a fine.

 

 (11)         If the offender, before committing the offence, had been convicted of any of the felonies, or misdemeanours defined in this Division of this Part of this code, he is liable to imprisonment for seven years.

 

 

Chapter 35

Offences analogous to Stealing

 

 

391.         Any person who, with intent to defraud, conceals or takes from its place of deposit any register which is authorised or required by law to be kept for authenticating or recording the title to any property, or for recording births, baptisms, marriages, deaths, or burials, or a copy of any part of any such register which is required by law to be sent to any public office, is guilty of a felony, and is liable to imprisonment for fourteen years.

 

392.         Any person who, with intent to defraud, conceals any testamentary instrument, whether the testator is living or dead, is guilty of a felony, and is liable to imprisonment for fourteen years.

 

393.         Any person who, with intent to defraud, conceals the whole or part of any document which is evidence of title to any land or estate in land is guilty of a felony, and is liable to imprisonment for three years.

 

394.         Any person who kills any animal capable of being stolen with intent to steal the skin or carcass, or any part of the skin or carcass, is guilty of an offence, and is liable to the same punishment as if he had stolen the animal.

 

395.         Any person who makes anything movable with the intent to steal it is guilty of an offence, and is liable to the same punishment as if he had stolen the thing after it had become movable.

 

396.         Any person who takes, conceals, or otherwise disposes of, any ore of any metal or mineral in or about a mine, with intent to defraud any person, is guilty of a felony, and is liable to imprisonment for three years.

 

397.         Any person who, having at any place not in Nigeria obtained any property by any act which if it had been done in Nigeria would have constituted the offence of stealing, and which is an offence under the laws in force in the place where it was done, brings such property into the country, or has it in his possession in Nigeria, is guilty of an offence, and is liable to the same punishment as if he had stolen it in Nigeria; but so that the punishment does not exceed that which would be incurred for the same act under the laws in force in the place where the act by which he obtained the property was done.

 

398.         Any person who, being the mortgagor of mortgaged goods, removes or disposes of the goods without the consent of the mortgagee and with intent to defraud, is guilty of a felony, and is liable to imprisonment for three years.

                

                The offender cannot be arrested without warrant.

 

399.         In the preceding section the term "mortgaged goods" includes any goods and chattels of any kind, and any live animals, and any progeny of any animals, and any crops or produce of the earth, whether growing or severed, which are subject for the time being to the provisions of any written instrument by which a valid charge or Hen is created upon them by way of security or any debt or obligation.

 

                The consent of the mortgagee may be either express or implied from the nature of the property mortgaged.

 

400.         Any person who fraudulently abstracts or diverts to his own use or to the use of any other person any mechanical, illuminating, or electrical power derived from any machine, apparatus, or substance, the property of another person, is guilty of a felony, and is liable to imprisonment for three years.

 

                The offender cannot be arrested without warrant.

 

 

Chapter 36

Stealing with Violence: Extortion by Threats

 

 

401.         Any person who steals anything, and, at or immediately before or immediately after the time of stealing it, uses or threatens to use actual violence to any person or property in order to obtain or retain the thing stolen or to prevent or overcome resistance to its being stolen or retained, is said to be guilty of robbery.

 

402.   (1)          Any person who commits the offence of robbery shall upon conviction be sentenced to imprisonment for not

 

  (2)           If-

 

(a)            any offender mentioned in subsection (1) of this section is armed with any firearms or any offensive weapon or any obnoxious or chemical materials or is in company with any person so armed; or

 

(b)            at or immediately before or immediately after the time of robbery, the said offender wounds any person, the offender shall upon conviction be sentenced to death.

 

403.   (1)         Any person who with intent to steal anything, assaults any other person and at or immediately after the time of assault, uses or threatens to use actual violence to any other person or any property in order to obtain the thing intended to be stolen shall upon conviction be sentenced to imprisonment for not less than fourteen years but not more than twenty years.

 

  (2)          If-

 

(a)            any offender mentioned in subsection (1) of this section, is armed with any firearms or any offensive weapon or is in company with any other person so armed; or

 

(b)            at or immediately before or immediately after the time of the assault the said offender wounds or uses any other personal violence to any person, the offender shall upon conviction be sentenced to imprisonment for life with or without whipping.

 

  (3)          Any person found in any public place in possession of any firearms whether real or imitation and in circumstances reasonably indicating that the possession of the firearms is with intent to the immediate or eventual commission by that person or any other person of any offence under section 402 of this Act shall upon conviction be sentenced to imprisonment for not less than fourteen years nor more than twenty years.

 

403A.      Any person who conspires with any person to commit an offence under section 402 of this Act whether or not he is present when the offence is committed or attempted to be committed, shall be deemed to be guilty of the offence as a principal offender and shall be punished accordingly.

 

403B.       For the purposes of section 402, 403 and 403A-

 

                "firearms" includes any canon, gun, flint-lock gun, revolver, pistol explosive or ammunition or other firearm, whether whole or in detached pieces;

 

                "offensive weapon" means any article apart from a firearm made or adapted for use for causing injury to the person or intend by the person having it for such use by him and it includes an air gun, air pistol, bow and arrow, spear, cutlass, matchet, dagger, cudgel, or any piece of wood, metal, glass or stone capable of being used as an offensive weapon.

 

404.   (1)          Any person who, being employed in the public service of Nigeria, or in that of any other Government, corruptly and under colour of his employment-

 

(a)            demands or takes property from any person; or

 

(b)            compels any person to sell any property at other than its fair market value; or

 

(c)            obtains lodging from and against the will of any person without payment or for inadequate payment; or

 

(d)            compels, whether partially or wholly for his own profit, any person to work without payment or for inadequate payment;

 

                is guilty of a felony, and is liable to imprisonment for five years.

 

  (2)          Any person who, falsely representing himself by words, conduct, or otherwise, to be a person employed in the public service "of Nigeria, or of any other Government, or to he an agent of, or acting under the authority of, the Government of Nigeria, or of any other Government, unlawfully and in such assumed character-

 

(a)            does any of the acts or things specified in (a), (b), (c), and (d) in the last preceding subsection; or

 

(b)            compels or orders any person to hand any property over to any other person, whether such property does or does not rightly belong, or is or is not rightly due, to the last-named person; is guilty of a felony, and is liable to imprisonment for five years.

 

  (3)          Any person attempting, or inciting, soliciting, counselling, procuring, aiding, or abetting any person, to commit any of the Offences enumerated in the last two preceding subsections is guilty of a felony, and is liable to imprisonment for five years.

 

405.         Any person who assaults any person with intent to steal anything is guilty of a felony, and is liable to imprisonment for three years.

 

406.         Any person who, with intent to steal anything, demands it from any person with threats of any injury or detriment of any kind to be caused to him, either by the offender or by any other person, if the demand is not complied with, is guilty of a felony, and is liable to imprisonment for three years.

 

407.         Any person who, with intent to extort or gain anything from any person, and knowing the contents of the writing, causes any person to receive any writing demanding anything from any person without reasonable or probable cause, and containing threats of any injury or detriment of any kind to be caused to any person, either by the offender or any other person, if the demand is not complied with, is guilty of a felony, and is liable to imprisonment for fourteen years.

 

408.         Any person who, with intent to extort or gain anything from any person-

 

  (1)          accuses or threatens to accuse any person of committing any felony or misdemeanour, or of offering or making any solicitation or threat to any person as an inducement to commit or permit the commission of any felony or misdemeanour; or

 

  (2)          threatens that any person shall he accused by any other person of any felony or misdemeanour, or of any such act; or

 

  (3)          knowing the contents of the writing, causes any person to receive any writing containing any such accusation or threat as aforesaid;

 

                is guilty of a felony, and if the accusation or threat of accusation is of-

 

(a)            an offence for which the punishment of death or imprisonment for life may be inflicted; or

 

(b)           any of the offences defined in Chapter 21, or an attempt to commit any of such offences; or

 

(c)            an assault with intent to have carnal knowledge of any person against the order of nature, or an unlawful and indecent assault upon a male person; or

 

(d)            an attempt to commit the offence of rape, or an assault with intent to commit the offence of rape, or an unlawful and indecent assault upon a woman or girl; or

 

(e)            a solicitation or threat offered or made to any person as an inducement to commit or permit the commission of any of the offences aforesaid; -

 

                 the offender is liable to imprisonment for fourteen years.

 

                 In any other case the offender is liable to imprisonment for three years. It is immaterial whether the person accused or threatened to he accused has or has not committed the offence or act of which he is accused or threatened to be accused.

 

409.         Any person who, with intent to defraud, and by means of any unlawful violence to, or restraint of, the person of another, or by means of any threat of violence or restraint to be used to the person of another, or by means of accusing or threatening to accuse any person of committing any felony or misdemeanour, or by offering or making any solicitation or threat to any person as an inducement to commit or permit the commission of any offence, compels or induces any person-

 

(a)           to execute, make, accept, endorse, alter, or destroy, the whole or any part of any valuable security; or

 

(b)           to write, impress or affix, any name or seal upon or to any paper or parchment, in order that it may be afterwards made or converted into or used or dealt with as a valuable security;

 

                is guilty of a felony, and is liable to imprisonment for fourteen years.

 

 

Chapter 37

Burglary: Housebreaking: and like Offences

 

 

410.         A person who breaks any part, whether external or internal, of a building, or opens by unlocking, pulling, pushing, lifting, or any other means whatever, any door, window, shutter, cellar flap, or other thing, intended to close or cover an opening in a building, or an opening giving passage from one part of a building to another, is said to break the building.

 

                A person is said to enter a building as soon as any part of his body or any part of any instrument used by him is within the building.

 

                A person who obtains entrance into a building by means of any threat or artifice used for that purpose, or by collusion with any person in the building, or who enters any chimney or other aperture of the building permanently left open for any necessary purpose, but not intended to be ordinarily used as a means of entrance, is deemed to have broken and entered the building.

 

411.         Any person who-

 

  (1)          breaks and enters the dwelling-house of another with intent to commit a felony therein; or

 

  (2)          having entered the dwelling-house of another with intent to commit a felony therein, or having committed a felony in the dwelling-house of another, breaks out of the dwelling-house;

 

                is guilty of a felony, and is liable to imprisonment for fourteen years.

 

                if the offence is committed in the night, the offender is liable to imprisonment for life.

 

412.         Any person who enters or is in the dwelling-house of another with intent to commit a felony therein is guilty of a felony, and is liable to imprisonment for seven years. If the offence is committed in the night, the offender is liable to imprisonment for fourteen years.

 

413.         Any person who-

 

   (1)         breaks and enters a schoolhouse, shop, warehouse, store, office or counting-house, or a building which is adjacent to a dwelling-house and occupied with it but is not part of it, and commits a felony therein; or

 

  (2)          having committed a felony in a schoolhouse, shop, warehouse, store, office, or counting-house, or in any such other building as last mentioned, breaks out of the building;

 

                is guilty of a felony, and is liable to imprisonment for fourteen years.

 

414.         Any person who breaks and enters a schoolhouse, shop, warehouse, store, office, or counting-house, or a building which is adjacent to a dwelling-house and occupied with it but is not part of it, with intent to commit a felony therein, is guilty of a felony, and is liable to imprisonment for seven years.

 

415.         Any person who breaks and enters a building ordinarily used for religious worship and commits a felony therein, or having committed a felony in any such building breaks out of it, is guilty of a felony, and is liable to imprisonment for fourteen years.

 

416.         Any person who breaks and enters a building ordinarily used for religious worship, with intent to commit a felony therein, is guilty of a felony, and is liable to imprisonment for seven years.

 

417.         Any person who is found in any of the following circumstances- 

 

(a)            being armed with any dangerous or offensive weapon or instrument, and being so armed with intent to break or enter a dwelling-house, and to commit a felony therein;

 

(b)            being armed as aforesaid by night, and being so armed with intent to break or enter any building whatever, and to commit a felony therein;

 

(c)            having in his possession by night without lawful excuse, the proof of which lies on him, any instrument of housebreaking;

 

(d)            having in his possession by day any such instrument with intent to commit a felony;

 

(e)            having his face masked or blackened or being otherwise disguised, with intent to commit felony;

 

(f)            being in any building whatever by night with intent to commit a felony therein; or

 

(g)            being in any building whatever by day with intent to commit a felony therein, and having taken precautions to conceal his presence,

 

                is guilty of a felony, and is liable to imprisonment for three years.

 

                If the offender has been previously convicted of a felony relating to property, he is liable to imprisonment for seven years.

 

 

Chapter 38

Obtaining Property by false pretences; Cheating

 

 

418.         Any representation made by words, writing, or conduct, of a matter of fact, either past or present, which representation is false in fact, and which the person making it knows to be false or does not believe to be true, is a false pretence.

 

419.         Any person who by any false pretence, and with intent to defraud, obtains from any other person anything capable of being stolen, or induces any other person to deliver to any person anything capable of being stolen, is guilty of a felony, and is liable to imprisonment for three years.

 

                If the thing is of the value of one thousand naira or upwards, he is liable to imprisonment for seven years.

 

                It is immaterial that the thing is obtained or its delivery is induced through the medium of a contract induced by the false pretence.

 

                The offender cannot be arrested without warrant unless found committing the offence.

 

419A.  (1)          Any person who by any false pretence or by means of any other fraud obtains credit for himself or any other person-

 

(a)            in incurring any debt or liability; or

 

(b)            by means of an entry in a debtor and creditor account between the person giving and the person receiving credit,

 

                 is guilty of a felony and is liable to imprisonment for three years.

 

  (2)           The offender cannot be arrested without warrant unless found committing the offence.

 

419B.       Where in any proceedings for an -offence under section 419 or 419A it is proved that the accused-

 

(a)            obtained or induced the delivery of anything capable of being stolen; or

 

(b)           obtained credit for himself or any other person, by means of a cheque that, when presented for payment within a reasonable time, was dishonoured on the ground that no funds or insufficient funds were standing to the credit of the drawer of the cheque in the bank on which the cheque was drawn, the thing or its delivery shall be deemed to have been obtained or induced, or the credit shall he deemed to have been obtained, by a false pretence unless the court is satisfied by evidence that when the accused issued the cheque he had reasonable grounds for believing, and did in fact believe, that it would be honoured if presented for payment within a reasonable time after its issue by him.

 

420.         Any person who by any false pretence, and with intent to defraud, induces any person to execute, make, accept, endorse, alter, or destroy, the whole or any part of any valuable security, or to write, impress, or affix, any name or seal upon or to any paper or parchment in order that it may be afterwards made or converted into or used or dealt with as a valuable security, is 

        

                The offender cannot be arrested without warrant unless found committing the offence.

 

421.         Any person who by means of any fraudulent trick or device obtains from any other person anything capable of being stolen, or induces any other person to deliver to any person anything capable of being stolen or to pay or deliver to any person any money or goods, or any greater sum of money or greater quantity of goods than he would have paid or delivered but for such trick or device, is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

                A person found committing the offence may be arrested without warrant.

 

422.         Any person who conspires with another by deceit or any fraudulent means to affect the market price of anything publicly sold, or to defraud the public, or any person, whether a particular person or not, or to extort any property from any person, is guilty of a felony, and is liable to imprisonment for seven years.

 

                The offender cannot be arrested without warrant.

 

423.         Any person who, being a seller or mortgagor of any property, or being the solicitor or agent of any such seller or mortgagor, with intent to induce the purchaser or mortgagee to accept the title offered or produced to him, and with intent to defraud-

 

  (1)          conceals from the purchaser or mortgagee any instrument material to the title, or any incumbrance; or

 

  (2)          falsifies any pedigree on which the title depends or may depend; or

 

  (3)          makes any false statement as to the title offered or conceals any fact material thereto, is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

424.         Any person who for gain or reward pretends to exercise or use any kind of witchcraft, juju, sorcery, enchantment, or conjuration, or under- takes to tell fortunes, or pretends from his skill or knowledge in any occult science to discover where or in what manner anything supposed to have been stolen or lost may be found, is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

425.         Any person who wilfully procures or attempts to procure for himself or any other person any registration, licence or certificate under any Act or Law or under any regulation made under the Nigeria (Constitution) Order in Council, 1951, or the Nigeria (Constitution) Order in Council, 1954, or the Constitution of the Federal Republic of Nigeria, by any false pretence is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

426.         (Repealed by Ordinance No. 20 of 1955.)

 

 

Chapter 39

Receiving Property Stolen or Fraudulently Obtained and like Offences

 

 

427.         Any person who receives anything which has been obtained by means of any act constituting a felony or misdemeanour, or by means of any act done at a place not in Nigeria, which if it had been done in Nigeria would have constituted a felony or misdemeanour, and which is an offence under the laws in force in the place where it was done, knowing the same to have been so obtained, is guilty of a felony.

 

                If the offence by means of which the thing was obtained is a felony, the offender is liable to imprisonment for fourteen years, except in the case in which the thing so obtained was postal matter, or any chattel, money or valuable security contained therein, in which case the offender is liable to imprisonment for life.

 

                In any other case the offender is liable to imprisonment for seven years.

 

                For the purpose of proving the receiving of anything it is sufficient to show that the accused person has, either alone or jointly with some other person, had the thing in his possession, or has aided in concealing it or disposing of it.

 

428.         Any person who-

 

(a)            knowingly detains, buys, exchanges, or receives, from any non- commissioned officer or private of the armed forces of Nigeria or from any member of the police forces, or from any deserter from either of such forces, or from any person acting for and on behalf of any of the persons above named; or

 

(b)            solicits or entices any of the said persons to sell, make away with, or dispose of; or

 

(c)            shall be employed by any of the said persons, well knowing him to belong to one or other of such forces in one of the several capacities herein before mentioned, or to be a deserter from any of the said forces, to sell, make away with, or dispose of, or

 

(d)            shall have in his possession and not give a satisfactory account of his possession of any arms, ammunition, clothing, accoutrements, medals or other appointments, furnished for the use of the armed forces of Nigeria or of the police forces,

 

                 is liable to a fine of forty naira and to pay double the value of all or any of the several articles which he shall so become or be possessed of.

 

429.        When a thing has been obtained by means of any act constituting a felony or misdemeanour, or by means of an act done at a place not in Nigeria, which if it had been done in Nigeria would have constituted an offence, and which is an offence under the laws in force in the place where it was done, and another person has acquired a lawful title to it, a subsequent receiving of the thing is not an offence although the receiver knows that the thing had previously been so obtained.

 

430.   (1)         Every person who is charged before any court with having in his possession or under his control in any manner or in any place, or for that he at any time within the three months immediately preceding the making of the complaint did have in his possession or under his control in any manner or in any place, anything which is reasonably suspected of having been stolen or unlawfully obtained and who does not give an account, to the satisfaction of the court, as to how he came by the same, is guilty of an offence and is liable, on conviction, to a fine of two hundred naira or to imprisonment for six months.

 

  (2)         Where any person is charged before any court with having or with having had in his possession or under his control in any manner or in any place anything which has been stolen or unlawfully obtained or which is reasonably suspected of having been stolen or unlawfully obtained and declares that he received the same for some other person or that he was employed as a carrier, agent or servant for some other person, the court is hereby authorised and required, if practicable, to cause every such other person and also if necessary every former or pretended purchaser or other person through whose possession such thing as aforesaid has passed or who has had control thereof to be brought before it and to examine witnesses upon oath touching the same; and if it appears to the court that any person has had possession or control of such thing and had reasonable cause to believe the same to have been stolen or unlawfully obtained every such person shall be deemed to have had possession or control of such thing at the time and place when and where the same was found or seized and shall be guilty of an offence and liable, on conviction, to a fine of two hundred naira or to imprisonment for six months.

 

  (3)         The possession of or control by a carrier, agent or servant shall be deemed to be the possession of or control by the person who employed such carrier, agent or servant to have or deal with such thing and such person shall be liable, on conviction, to the punishment herein mentioned.

 

  (4)         The offender may be arrested without warrant.

 

431.         Any person who unlawfully uses a horse, mare, gelding, ass, mule, camel, ostrich, bull, cow, ox, ram, ewe, wether, goat, or pig, or the young of any such animal, or any cycle or other vehicle whatsoever without the consent of the owner, or of the person in lawful possession thereof, is guilty of a misdemeanour, and is liable to imprisonment for one year, or to a fine of forty naira for every animal or vehicle so used.

 

                The offender may be arrested without warrant by a police officer, or by the owner of the property in question, or his servant, or by any person authorised by such owner or servant.

 

432.         When any horse, mare, gelding, ass, mule, camel, ostrich, bull, cow, ox, ram, ewe, wether, goat, or pig, or the young of any such animal, is suspected, on reasonable grounds, to have been stolen, any person in whose possession or custody the skin, feathers or carcass, or any part of the skin or carcass, of the animal or bird so suspected to have been stolen, is found, is guilty of an offence, unless he proves that he came lawfully by the thing in question; and he is liable

 

                The offender may be arrested without warrant by a police officer, or by the owner of the property in question, or his servant, or by any person authorised by such owner or servant.

 

433.         Any person who corruptly receives or obtains, or corruptly agrees to receive or obtain, any property or benefit of any kind upon an agreement or understanding that he will help any person to recover anything which has been obtained by means of any act constituting a felony or misdemeanour, or by any act done at a place not in Nigeria, which if it had been done in Nigeria would have constituted an offence, and which is an offence under the laws in force in the place where it was done, is, unless he has used all due diligence to cause the offender to be brought to trial for the offence,

 

 

Chapter 40

Frauds by Trustees and 0fficers of Companies and Corporations: False Accounting.

 

 

434.         Any person who, being a trustee of any property, destroys the property with intent to defraud, or, with intent to defraud, converts the property to any use not authorised by the trust, is guilty of a felony, and is liable to imprisonment for seven years.

 

                The offender cannot be arrested without warrant.

 

                If civil proceedings have been taken against a trustee in respect of any act done by him, which is an offence under the provisions of this section, he cannot be afterwards prosecuted for the same cause, as for an offence, on the complaint of the person by whom the civil proceedings were taken, without the sanction of the court or judge before whom the civil proceedings were had or are pending.

 

                For the purposes of this section, the term "trustee" includes the following persons and no others-

 

(a)            trustees upon express trusts created by a deed, will, or instrument in writing, whether for a public or private or charitable purpose;

 

(b)            trustees appointed by or under the authority of an Act, Law or Statute for any such purpose;

 

(c)            persons upon whom the duties of any such trust as aforesaid devolve;

 

(d)            executors and administrators.

 

435.         Any person who-

 

  (1)          being a director or officer of a corporation or company, receives or possesses himself as such of any of the property of the corporation or company otherwise than in payment of a just debt or demand, and, with intent to defraud, omits either to make a full and true entry thereof in the books and accounts of the corporation or company, or to cause or direct such an entry to be made therein; or

 

  (2)          being a director, officer, or member of a corporation or company, does any of the following acts with intent to defraud-

 

(a)            destroys, alters, mutilates, or falsifies, any book, document, valuable security, or account, which belongs to the corporation or company, or any entry in any such book, document, or account, or is privy to any such act; or

 

(b)            makes or is privy to making any false entry in any such book, document or account; or

 

(c)            omits or is privy to omitting any material particular from any such book, document or account;

 

                 is guilty of a felony, and is liable to imprisonment for seven years. The offender cannot be arrested without warrant.

 

436.         Any person who, being a promoter, director, officer, or auditor, of a corporation or company, either existing or intended to be formed, makes, circulates, or- publishes, or concurs in making, circulating, or publishing, any written statement or account which, in any material particular, is to his knowledge false, with intent thereby to effect any of the following purposes-

 

(a)           to deceive or to defraud any member, shareholder, or creditor, of the corporation or company, whether a particular person or not;

 

(b)           to induce any person, whether a particular person or not, to become a member of, or to entrust or advance any property to, the corporation or company, or to enter into any security for the benefit thereof;

 

                 is guilty of a felony, and is liable to imprisonment for seven years. The offender cannot be arrested without warrant.

 

437.         It is a defence to a charge of any of the offences herein before in this chapter defined to prove that the accused person, before being charged with the offence, and in consequence of the compulsory process of a court in any action or proceeding instituted in good faith by a party aggrieved, or in a compulsory examination or deposition before a court, disclosed on oath the act alleged to constitute the offence.

 

                A person is not entitled to refuse to answer any question or interrogatory in any civil proceeding in any court, on the ground that his doing so might tend to show that he had committed any such offence.

 

438.         Any person who, being a clerk or servant, or being employed or acting in the capacity of a clerk or servant, does any of the following acts with intent to defraud-

 

(a)            destroys, alters, mutilates, or falsifies, any book, document, valuable security, or account, which belongs to or is in the possession of his employer, or has been received by him on account of his employer, or any entry in any such book, document, or account, or is privy to any such act; or

 

(b)            makes, or is privy to making any false entry in any such book, document,- or account; or

 

(c)            omits, or is privy to omitting, any material particular from any such book, document, or account;

 

                 is guilty of a felony, and is liable to imprisonment for seven years.

 

439.         Any person who, being an officer charged with the receipt, custody, or management of any part of the public revenue or property, knowingly furnishes any false statement or return of any money or property received by him or entrusted to his care, or of any balance of money or property his possession or under his control, is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

 

Division 2

Injuries to Property

 

 

Chapter 41

Definitions

 

440.         An act which causes injury to the property of another, and which is done without his consent, is unlawful, unless it is authorised or justified or excused by law.

 

                It is immaterial that the person who does the injury is in possession of the property injured, or has a partial interest in it.

 

                A person is not criminally responsible for any injury caused to property by the use of such force as is reasonably necessary for the purpose of defending or protecting himself, or any other person, or any property, from injury which he believes, on reasonable grounds, to be imminent.

 

441.         When an act which causes injury to property, and which would be otherwise lawful, is done with intent to defraud any person, it is unlawful. When an act which causes injury to property is done with intent to defraud any person, it is immaterial that the property in question is the property of the offender himself.

 

442.         The term "damage" used in relation to a document, or to a writing or inscription, includes obliterating and rendering illegible, either in whole or in part.

 

 

Chapter 42

Offences

 

 

443.         Any person who wilfully and unlawfully sets fire to any of the following things-

 

(a)            any building or structure whatever, whether completed or not;

 

(b)            any vessel, whether completed or not;

 

(c)            any stack of cultivated vegetable produce, or of mineral or vegetable fuel;

 

(d)            a mine, or the workings, fittings, or appliances of a mine; is guilty of a felony, and is liable to imprisonment for life.

 

444.         Any person who--

 

 (1)           attempts unlawfully to set fire to any such thing as is mentioned in the last preceding section; or

 

 (2)           wilfully and unlawfully sets fire to anything which is so situated that any such thing as is mentioned in the last preceding section is likely to catch fire from it,

 

                         is guilty of a felony, and is liable to imprisonment for fourteen years.

 

445.         Any person who wilfully and unlawfully sets fire to any of the following things-

 

(a)            a crop of cultivated vegetable produce, whether standing or cut;

 

(b)            a crop of hay or grass under cultivation, whether the natural or indigenous product of the soil or not, and whether standing or cut;

 

(c)            any standing trees, saplings, or shrubs, whether indigenous or not, under cultivation,

 

                 is guilty of a felony, and is liable to imprisonment for fourteen years.

 

446.         Any person who-

 

  (1)          attempts unlawfully to set fire to any such thing as is mentioned in the last preceding section; or

 

 (2)           wilfully and unlawfully sets fire to anything which is so situated that any such thing as is mentioned in the last preceding section is likely to catch fire from it,

 

                is guilty of a felony, and is liable to imprisonment for seven years.

 

447.         Any person who-

 

 (1)           wilfully and unlawfully casts away or destroys any vessel, whether complete or not; or

 

 (2)           wilfully and unlawfully does any act which tends to the immediate loss or destruction of a vessel in distress; or

 

 (3)           with intent to bring a vessel into danger, interferes with any light, beacon, buoy, mark, or signal, used for purposes of navigation, or exhibits any false light or signal;

 

                 is guilty of a felony, and is liable to imprisonment for life.

 

448.         Any person who attempts unlawfully to cast away or destroy a vessel, whether completed or not, or attempts unlawfully to do any act tending to the immediate loss or destruction of a vessel in distress, is guilty of a felony, and is liable to imprisonment for fourteen years.

 

449.         Any person who unlawfully and with intent to obstruct the use of a railway or to injure any property upon a railway-

 

 (1)           deals with the railway or with anything whatever upon or near the railway in such a manner as to affect or endanger the free and safe use of the railway; or

 

 (2)           shows any light or signal, or in any way deals with any existing light or signal, upon or near the railway; or

 

 (3)           by any omission to do any act which it is his duty to do causes the free and safe use of the railway to be endangered;

 

                is guilty of a felony, and is liable to imprisonment for life.

 

450.         Any person who wilfully and unlawfully kills, maims, or wounds, any animal capable of being stolen is guilty of an offence.

 

                 if the animal in question is a horse, mare, gelding, ass, mule, camel, bull, cow, ox, goat, pig, ram, wether, or ostrich, or the young of any such animal, the offender is guilty of a felony, and is liable to imprisonment for seven years.

 

                In any other case the offender is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

451.         Any person who wilfully and unlawfully destroys or damages any property is guilty of an offence, which, unless otherwise stated is a misdemeanour, and he is liable, if no other punishment is provided, to imprisonment for two years.

 

 

Punishment in Special Cases

 

 

 (1)           If the property in question is a dwelling-house or a vessel, and the injury is caused by the explosion of any

 

(a)            any person is in the dwelling-house or vessel; or

 

(b)            the destruction or damage actually endangers the life of any person; the offender is guilty of a felony, and is liable to imprisonment for life.

 

        (2)    (a)            If the property in question is a bank or wall of a river, canal aqueduct, reservoir, or inland water, or work which appertains to a dock: reservoir, or inland water, and the injury causes actual danger of inundation or damage to any land or building; or

 

(b)           if the property in question is a railway, or is a bridge, viaduct, or aqueduct, which is constructed over a highway, railway or canal, or over which a railway, highway, or canal passes, and the property is destroyed; or

 

(c)            if the property in question, being a railway, or being any such bridge, viaduct, or aqueduct, is damaged, and the damage is done with intent to render the railway, bridge, viaduct, or aqueduct, or the highway, railway, or canal, passing over or under the same, or any part thereof, dangerous or impassable, and the same or any part thereof is thereby rendered dangerous or impassable;

 

                the offender is guilty of a felony, and is liable to imprisonment for life.

 

 (3)           If the property in question is a testamentary instrument, whether the testator is living or dead, or a register which is authorised or required by law to be kept for authenticating or recording the title to any property, or for recording births, baptisms, marriages, deaths, or burials, or a copy of any part of any such register which is required by law to be sent to any public officer, the offender is guilty of a felony, and is liable to imprisonment for fourteen years.

 

 (4)           If the property in question is a vessel in distress or wrecked, or stranded, or anything which belongs to such vessel, the offender is guilty of a felony, and is liable to imprisonment for seven years.

 

 (5)           If the property in question is any part of a railway, or any work connected with a railway, the offender is guilty of a felony, and is liable to imprisonment for fourteen years.

 

         (6)   (a)            If the property in question, being a vessel, whether complete or not is destroyed; or

 

(b)            if the property in question, being a vessel, whether complete or not, is damaged, and the damage is done with intent to destroy it or render it useless; or

 

(c)            if the property in question is a light, beacon, buoy, mark, or signal, used for the purposes of navigation, or for the guidance of persons engaged in navigation; or

 

(d)            if the property in question is a bank or wall of a river, canal, aqueduct, reservoir, or inland water, or a work which appertains to a dock, canal, aqueduct, reservoir, or inland water, or which is used for the purposes of lading or unlading goods; or

 

(e)            if the property in question, being a railway, or being a bridge, viaduct, or aqueduct, which is constructed over a highway, railway or canal, or over which a highway, railway, or canal passes, is damaged, and the damage is done with intent to render the railway, bridge, viaduct, or aqueduct, or the highway, railway, or canal, passing over or under the same, or any part thereof, dangerous or impassable; or

 

(f)             if the property in question, being anything in process of manufacture, or an agricultural or manufacturing machine, or a manufacturing implement, or a machine or appliance used or intended to be used for performing any process connected with the preparation of any agricultural or pastoral produce, is destroyed; or

 

(g)            if the property in question, being any such thing, machine, implement, or appliance, as last aforesaid, is damaged, and the damage is done with intent to destroy the thing in question or to render it useless; or

 

(h)            if the property in question is a shaft or a passage of a mine, and the injury is done with intent to damage the mine or to obstruct its working; or

 

(i)             if the property in question is a machine, appliance, apparatus, building, Erection, bridge, or road, appertaining to or used with a mine, whether the thing in question is completed or not; or

 

(j)             if the property in question, being a rope, chain, or tackle, of whatever material, which is used in a mine, or upon any way or work appertaining to or used with a mine, is destroyed; or

 

(k)            if the property in question, being any such rope, chain, or tackle, as last aforesaid, is damaged, and the damage is done with intent to destroy the thing in question or to render it useless; or

 

(l)             if the property in question is a well, or bore for water, or the dam, bank 'wall, or floodgate of a millpond or pool;

 

                the offender is guilty of a felony, and is liable to imprisonment for seven years.

 

 (7)           If the property in question is a document which is deposited or kept in a public office, or which is evidence of title to any land or estate in land, the offender is guilty of a felony, and is liable to imprisonment for seven years.

 

452.         Any person who, unlawfully and with intent to destroy or damage any property, puts any explosive substance in any place whatever, is guilty of a felony, and is liable to imprisonment for fourteen years.

 

453.         Any person who with intent to injure a mine or to obstruct the working of a mine-

 

 (1)           unlawfully, and otherwise than by an act done underground in the course of working an adjoining mine-

 

(a)            causes water to run into the mine or into any subterranean passage communicating with the mine; or

 

(b)            obstructs any shaft or passage of the mine; or

 

 (2)           unlawfully obstructs the working of any machine, appliance, or apparatus, appertaining to or used with the mine, whether the thing in question is completed or not; or

 

 (3)           unlawfully, and with intent to render it useless 5injures or unfastens a rope, chain, or tackle of whatever material, which is used in the mine or upon any way or work appertaining to or used with the mine;

 

is guilty of a felony, and is liable to imprisonment for seven years.

 

454.         Any person who wilfully and unlawfully removes, defaces, or renders invisible, any light, beacon, buoy, mark, or signal, used for Purposes of navigation, or for the guidance of persons engaged in navigation, or unlawfully attempts to remove, deface, or render invisible, any such thing, is guilty of a felony, and is liable to imprisonment for seven years.

 

455.         Any person who-

 

 (1)           wilfully and unlawfully removes or disturbs any fixed objects or materials used for securing a bank or wall of a river, canal, aqueduct, reservoir, or inland water, or for securing any work which appertains to a dock, canal, aqueduct, reservoir, or inland water, or which Is used for purposes of navigation or lading or unlading goods; or

 

 (2)           unlawfully does any act with intent to obstruct the carrying on, completion, or maintenance of the navigation of a navigable river or canal, and thereby obstructs such carrying on, completion, or maintenance;

 

                is guilty of a felony, and is liable to imprisonment for seven years.

 

456.         Any person who wilfully and unlawfully causes, or is concerned in causing, or attempts to cause, any infectious disease to be communicated to or among any animal or animals capable of being stolen, is guilty of a felony, and is liable to imprisonment for seven years.

 

457.         Any person who wilfully and unlawfully, and with intent to defraud, removes or defaces any object or mark which has been lawfully erected or made as an indication of the boundary of any land is guilty of a felony, and is liable to imprisonment for three years.

 

458.         Any person who-

 

 (1)           wilfully removes, defaces or injures any survey mark or boundary mark which shall have been made or erected by or under the direction of any Government department or in the course of or for the purposes of a Government survey; or

 

 (2)           being under an obligation to maintain in repair any boundary mark made or erected as aforesaid, neglects or refuses to repair the same; or

 

 (3)           wilfully removes, defaces or injures any mark erected by an intending applicant for any lease, licence or right under the Minerals Act,

 

                 is guilty of a simple offence and is liable to imprisonment for three months or to a fine of forty naira, and may further be ordered by the court to pay the cost of repairing or replacing the survey mark or boundary mark and of making any survey rendered necessary by the offender's act or neglect.

 

459.         Any person who, by any unlawful act, or by any intentional omission to do any act which it is his duty to do, causes any engine or vehicle in use upon a railway to be obstructed in its passage on the railway is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

459A.      Any person who, by any unlawful act, obstructs, causes an alteration to be made in the course of or in any way whatsoever hinders or impedes the movement of any aircraft, which is in motion on or in flight over any aerodrome, is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

459B.      Any person who commits any nuisance or trespass in or upon any aerodrome or in or upon any building or premises situated on any aerodrome is guilty of a simple offence and is liable to imprisonment for three months or to a fine of forty naira.

 

460.         Any person who.-

 

 (1)           wilfully damages, injures, or obstructs any work, way, road, building, turnstile, gate, toll bar, fence, weighing machine engine, tender, carriage, waggon, truck, material, or plant, acquired for or belonging to any railway works; or

 

 (2)           pulls up, removes, defaces, or destroys, or in any way interferes with, any poles, stakes, flags, pegs, lines, marks, or anything driven or placed in or upon the ground, trees, stones, or buildings, or any other material, belonging to any railway works; or

 

 (3)           commits any nuisance or trespass in or upon any land, buildings, or premises, acquired for or belonging to any railway works; or

 

 (4)           wilfully molests, hinders, or obstructs, the officer in charge of any railway or his assistants or workmen in the execution of any work done or to he done in reference to the construction or maintenance of any such railway;

 

                 is guilty of a simple offence, and is liable to imprisonment for three months or to a fine of forty naira.

 

461.         Any person who, knowing the contents of the writing, causes any Person to receive any writing threatening that any building or vessel whether complete or not, or any stack of cultivated vegetable produce, or any such produce that is in or under a building, shall he burnt or destroyed, is guilty of a felony, and is liable to imprisonment for seven years.

 

462.         A person found committing any of the misdemeanours or simple offences defined in this chapter may be arrested without warrant by a peace officer or a member of the police force, or by the owner of the property injured or his servant, or by any person authorised by such owner or servant.

 

 

Division 3

Forgery and like Offence: Personation

 

 

Chapter 43

Forgery in General: Definitions

 

463.         In this Division of this Part of this code unless the context otherwise requires-

 

                "bank note" includes any negotiable instrument issued by or on behalf of any person or corporation in any part of the world, or issued by the authority of any State, prince, or Government, and intended to be used as equivalent to money, either immediately on issue or at any time afterwards: it also includes a bank bill or bank post bill, currency note or any note (by whatever name called) which is legal tender in the country in which it is issued;

 

                "document" includes a register or register-book, or part of either, and any book, and any paper, parchment, or other material whatever, used for writing or printing, which is marked with any letters or marks denoting words. or with any other signs capable of conveying a definite meaning to persons conversant with them; but does not include trade marks on articles of commerce;

 

                seal" includes any stamp, die, or other thing, of whatever material, from which an impression can be taken by means of pressure or of ink, or by any other means;

 

                "writing" includes an inscription on wood, stone, metal, or other material; it also includes a mere signature and a mark of any kind.

 

464.         A document or writing is said to be false-

 

(a)            in the ca1se of a document which is a register or record kept by lawful authority, 1or an entry in any such register, or which purports to be issued by lawful authority as testifying to the contents of any register or record kept by lawful authority, or as testifying to any fact or event, if any material particular stated in the document is untrue; or

 

(b)            if the whole or some material part of the document or writing purports to be made by or on behalf of some person who did not make it or authorise it to be made, or if, in a case where the time or place of making is material, although the document or writing is made by or by the authority of the person by whom it purports to be made, it is with a fraudulent intent falsely dated as to the time or place of making; or

 

(c)            if the whole or some material part of the document or writing purports to be made by or on behalf of some person who does not, in fact, exist; or

 

(d)            if the document or writing is made in the name of an existing person, either by that person himself or by his authority, with the fraudulent intention that it should pass as being made by some person, real or fictitious, other than the person who makes it or authorises it to be made.

    

                A seal or mark is said to be counterfeit if it is made without lawful authority, and is in such a form as to resemble a genuine seal or mark, or, In the case of a seal, in such a form as to be capable of producing impressions resembling those produced by a genuine seal.

 

                A representation of the impression of a seal is said to be counterfeit if it is not in fact made by the seal.

 

                The term "resemble", applied to anything, includes the case where the thing is made to resemble, or is apparently intended to resemble, the object spoken of.

 

465.         A person who makes a false document or writing knowing it to be false, and with intent that it may in any way be used or acted upon as genuine, whether in the State or elsewhere, to the prejudice of any person, pr with intent that any person may, in the belief that it is genuine, be induced to do or refrain from doing any act, whether in the State or elsewhere, is said to forge the document or writing.

 

                A person who makes a counterfeit seal or mark, or makes an impression of a counterfeit seal knowing the seal to be counterfeit, or makes a counterfeit representation of the impression of a genuine seal, or makes without lawful authority an impression of a genuine seal, with intent in either case that the thing so made may in any way be used or acted upon as genuine, whether in the State or elsewhere, to the prejudice of any person, or with intent that any person may, in the belief that it is genuine, he induced to do or refrain from doing any act, whether in the State or elsewhere, is said to forge the seal or mark.

 

                The term "make a false document or writing" includes altering a genuine document or writing in any material part, either by erasure, obliteration, removal, or otherwise; and making any material addition to the body of a genuine document or writing; and adding to a genuine document or writing any false date, attestation, seal or other material matter.

 

                 It is immaterial in what language a forged document or writing is expressed.

 

                 It is immaterial that the forger of anything forged may not have intended that any particular person should use or act upon it, or that any particular person should be prejudiced by it, or be induced to do or refrain from doing any act.

 

                 It is immaterial that the thing forged is incomplete or does not purport to be a document, writing, or seal, which would be binding in law for any particular purpose, if it is so made, and is of such a kind, as to indicate that it was intended to be used or acted upon.

 

466.         In the case of an offence which involves the forging or uttering of a document or writing relating to the payment of money, or to the delivery or transfer of any property, or to the creation or performance of any obligation, it is immaterial in what country the money or property is, or purports to be, payable, deliverable, or transferable, or the obligation is, or purports to be, an obligation to be performed; and, if the money or the property purports to be payable, deliverable, or transferable, or the obligation purports to be an obligation to be performed, in some country out of Nigeria, it is immaterial whether the document or writing is under seal or not.

 

 

Chapter 44

Punishment of Forgery and like Offences

 

 

467.         Any person who forges any document, writing, or seal, is guilty of an offence which, unless otherwise stated, is a felony, and he is liable, if no other punishment is provided, to imprisonment for three years.

 

 

Punishment in Special Cases

 

 

 (1)           If the thing forged-

 

(a)            purports to be, or is intended by the offender to be understood to be or to be used as, the public seal of Nigeria or of any State of Nigeria or the great or privy seal of any country of the Commonwealth or under the protection of a Commonwealth country, or the seal of the President, or a Governor of a State; or

 

(b)            is a document having on it or affixed to it any such seal, signet, or sign manual, or anything which purports to be, or is intended by the offender to be understood to be, any such seal, signet, or sign manual;

 

                 the offender is liable to imprisonment for life.

 

  (2)          If the thing forged purports to be, or is intended by the offender to be understood to be or to be used as, any of the following things-

 

(a)            a document which is evidence of title to any portion of the public debt of Nigeria or of any State thereof or of any other country, or to any dividend or interest payable in respect of any such debt, or a transfer or assignment of any such document, or a receipt or certificate for any interest or money payable or accruing on or in respect of any such public debt;

 

(b)            a transfer or assignment of a share in any corporation, company, or society, whether domestic or foreign, or of any share or interest in the capital stock of any such corporation, company, or society, or in the debt of any such corporation, company or society, or a receipt or certificate for any interest or money payable or accruing on or in respect of any such share, interest, or debt;

 

(c)            a document acknowledging or being evidence of the indebtedness of the Government of Nigeria or of the Government of any other country;

 

(d)            a document which by the law of Nigeria, or any other country is evidence of the title to any land or estate in land in Nigeria or that other country, or an entry in any register or book which is such evidence;

 

(e)            a document which by law is required for procuring the registration of any title to any land or estate in land;

 

 (f)           a testamentary instrument, whether the testator is living or dead, or a probate or letters of administration, whether with or without a will annexed;

 

(g)            a bank note, bill of exchange, or promissory note, or an acceptance, endorsement, or assignment, of either;

 

(h)            a deed, bond, or writing obligatory, or a draft, warrant, order, or other security for the payment of money, or for the delivery or transfer of a valuable security, or for procuring or giving credit, whether negotiable or not, of an endorsement or assignment of any such document;

 

(i)             an accountable receipt, or an acknowledgement of the deposit, receipt, payment or delivery, of money or goods, or of any valuable security, or an endorsement or assignment of any such document; a bill of lading, dock warrant, warehouse keeper's certificate, warrant, or order for the delivery of goods, or any other document used in the ordinary course of business as proof of possession or control of goods, or as authorising, or purporting to authorise, either by endorsement or by delivery, the possessor of the document to transfer or receive the goods represented by the document, or an endorsement or assignment of any such document;

 

(k)            a charter party, or a shipping document accompanying a bill of lading, or an endorsement or assignment of either;

 

(l)            a policy of insurance of any kind;

 

(m)            a power of attorney or other authority to execute any such document as is herein before in this section mentioned;

 

(n)            the signature of a witness to any of the documents herein before in this section mentioned to which attestation is by law required;

 

(o)            a register of births, baptisms, marriages, deaths, or burials, authorised or required by law to be kept, or any entry in any such register;

 

(p)            a copy of any such register or entry as last aforesaid, which is authorised or required by law to be given or sent to or by any person;

 

(q)            a seal used by a registrar appointed to keep any such register as is herein before mentioned, or the impression of any such seal, or the signature of any such registrar,

 

                 the offender is liable to imprisonment for fourteen years.

 

 (3)           If the thing forged purports to be, or is intended by the offender to be understood to be or to be used as, any of the following things--

 

(a)            the signature of the President or a Governor of a State or of a Commissioner, as the case may be, upon any grant, commission, warrant, or order;

 

(b)            a seal or stamp used for the purpose of the public revenue in Nigeria or in any other country;

 

(c)            a document relating to the obtaining or receiving or any money payable on account of the public service of Nigeria, or any other property of the State in any country, or a power of attorney or other authority to execute any such document;

 

                 the offender is liable to imprisonment for fourteen years.

 

 (4)           If the thing forged purports to be, or is intended by the offender to be understood to be or to be used as, any of the following things-

 

(a)            the seal of a court of record in any part of a country of the Commonwealth or of a country under the protection of a Commonwealth country, or a seal used at the chambers of a Justice of the Supreme Court or a High Court for stamping or sealing summonses or orders;

 

(b)            a seal or signature by virtue whereof any document can by law be used as evidence;

 

(c)            any process of any court of justice in any part of a country of the Commonwealth or of a country under the protection of a Commonwealth country;

 

(d)           a document issued or made by or out of or by the authority of any such court as last aforesaid;

 

(e)            a document or copy of a document of any kind, which document or copy is intended by the offender to be used as evidence in any such court as last aforesaid;

 

(f)             a record or other document of or belonging to a court of record in any part of a country of the Commonwealth or of a country under the protection of a Commonwealth country;

 

(g)            a copy or certificate of any record of any such court as last aforesaid;

 

(h)           an instrument, whether written or printed, or partly written and partly printed, which is made evidence by any Act,  Law, Statute, or Order, in force in Nigeria;

 

(i)             a document which a judicial officer is required or authorised by law to make, attest, or issue, and purporting to be made, attested, or issued, by a judicial officer;

 

(j)              a stamp used for denoting the payment of fees or percentages in any court;

 

(k)             a licence or certificate required or authorised by law to be given for the celebration of a marriage;

 

(l)              a consent to the marriage of a minor given by a person authorized by law to give it;

 

(m)            a certificate of marriage given under the provisions of the laws relating to the solemnisation of marriage;

 

(n)             a copy of the registration of a marriage;

 

(o)             a stamp issued or made under the laws relating to the post office;

 

(p)             a power of attorney or a letter of attorney;

 

(q)              the signature of a witness to a power of attorney or letter of attorney;

 

(r)               the superscription of any postal matter by any person empowered under any enactment to frank postal matter;

 

(s)              a contract or a writing which with other writings constitutes a contract or is evidence of a contract;

 

(t)             an authority or request ,the payment of money or for the delivery of property;

 

(u)            an acquittal or discharge or a voucher of having received any property, or any document which is evidence of the receipt of any property;

 

(v)            any mark which under the authority of any Act, Law, Statute, or Order, is impressed upon or otherwise attached to or connected with any article for the purpose of denoting the quality of the article or the fact that it has been examined or approved by or under the authority of some public body or public officer; the offender is liable to imprisonment for seven years.

 

 (5)           If the thing forged purports to be, or is intended by the offender to be understood to be or to be used as, a message to be sent by telegraph, or a message received by telegraph, the offender is liable to the same punishment as if he had forged a document to the same effect as the message.

 

468.         Any person who knowingly avid fraudulently utters a false document or writing, or a counterfeit seal is guilty of an offence of the same kind and is liable to the same punishment as if he had forged the thing in question.

 

                It is immaterial whether the false document or writing, or counterfeit seal, was made in Nigeria or elsewhere.

 

                The term "fraudulently" means an intention that the thing in question shall be used or acted upon as genuine, whether in Nigeria or elsewhere, to the prejudice of some person, whether a particular person or not, or that some person whether a particular person, or not, shall, in the belief that the thing in question is genuine, be induced to do or refrain from doing some act, whether in Nigeria or elsewhere.

 

469.         Any person who knowingly utters as and for a subsisting and effectual document any document which has by any lawful authority been ordered to be revoked, cancelled, or suspended, or the operation of which has ceased by effluxion of time, or by death, or by the happening of any other event, is guilty of an offence of the same kind and is liable to the same punishment as if he had forged the document.

 

470.         Any person who knowingly utters as and for a valid and uncancelled stamp a stamp, or an impression of a seal, used for any purpose connected with the public revenue of Nigeria or of any part of a Commonwealth country or any country under the protection of a Commonwealth country which has been already used or which has been cancelled, is guilty of an offence of the same kind and is liable to the same punishment as if he had forged the stamp or seal.

 

471.         Any person who, by means of any false and fraudulent representation as to the nature, contents, or operation, of a document, procures another to sign or execute the document, is guilty of an offence of the same kind and is liable to the same punishment as if he had forged the document.

 

472.         Any person who, with intent to defraud-

 

 (1)          obliterates, adds to or alters the crossing on a cheque; or

 

 (2)           knowingly utters a crossed cheque, the crossing on which has been obliterated, added to, or altered;

 

                 is guilty of a felony, and is liable to imprisonment for seven years.

 

473.         Any person who, with intent to defraud-

 

 (1)           without lawful authority or excuse, makes, signs, or executes, for or in the name or on account of another person, whether by procuration or otherwise, any document or writing; or

 

 (2)           knowingly utters any document or writing so made, signed, or executed, by another person;

 

                 is guilty of a felony, and is liable to imprisonment for seven years.

 

474.         Any person who procures the delivery or payment to himself or any other person of any property or money by virtue of any probate or letters of administration granted upon a forged testamentary instrument, knowing the testamentary instrument to have been forged, or upon or by virtue of any probate or letters of administration obtained by false evidence, knowing the grant to have been so obtained, is guilty of an offence of the same kind and is liable to the same punishment as if he had forged the document or thing by virtue whereof he procures the delivery or payment.

 

475.         Any person who, without lawful authority or excuse, the proof of which lies on him, purchases or receives from any person, or has in his possession, a forged bank note, whether filled up or in blank, knowing it to be forged, is guilty of a felony, and. is liable to imprisonment for seven years.

 

476.         Any person who, being employed in the public service, knowingly and with intent to defraud makes out or delivers to any person a warrant for the payment of any money payable by public authority, for a greater or less amount than that to which the person on whose behalf the warrant is made out is entitled, is guilty of a felony, and is liable to imprisonment for seven years.

 

477.         Any person who, having the actual custody of any register or record kept by lawful authority, knowingly permits any entry which, in any material particular, is to his knowledge false, to be made in the register or record, is guilty of a felony, and is liable to imprisonment for seven years.

 

478.         Any person who signs or transmits to a person authorised by law to register marriages, a certificate of marriage, or any document purporting to be a certificate of marriage, which in any material particular is to his knowledge false, is guilty of a felony, and is liable to imprisonment for seven years.

 

479.         Any person who knowingly and with intent to procure the same to be inserted in a register of births, deaths, or marriages, makes any false statement touching any matter required by law to be registered in any such register, is guilty of a felony, and is liable to imprisonment for three years.

 

                The offender cannot be arrested without warrant.

 

 

Chapter 45

Preparation for Forgery

 

 

480.         Any person who, without lawful authority or excuse, the proof of which lies on him-

 

 (1)           makes, or begins or prepares to make, or uses, or knowingly has in his possession or disposes of, any paper resembling any paper such as is specially provided by the proper authority for the purpose of being used for making any of the following things-

 

(a)            any document acknowledging or being evidence of the indebtedness of the Government of Nigeria or of any part of Nigeria or of the Government of any Commonwealth country or any country under the protection of a Commonwealth country, or of any foreign prince or State, or of any person carrying on the. business of banking, to any person; or

 

(b)            any stamp, licence, permit, or other document, used for the purposes of the public revenue of Nigeria or of any part of -Nigeria or of any part of a Commonwealth country or any country under the protection of a Commonwealth country; or

 

(c)            any bank note, or any machinery or instrument or material for making such paper, or capable of producing in or on paper any words, figures, letters, marks, or lines, resembling any words, figures, letters, marks or lines used in or on paper specially provided for any such purpose; or

 

 (2)           impresses or makes upon any plate or material any words, figures, letters, marks, or lines, the print whereof resembles, in whole or part, the words, figures, letters, marks, or lines used in any such document as aforesaid; or

 

 (3)           uses or knowingly has in his possession or disposes of, any plate or material upon which any such words, figures, letters, marks or lines, are impressed or made; or

 

 (4)           uses, or knowingly has in his possession or disposes of, any paper on which is written or printed the whole or any part of the usual contents of any such document as aforesaid;

 

                 is guilty of a felony, and is liable to imprisonment for fourteen years, and any such paper, document, bank note, or any machinery or instrument or material for making or capable of producing such paper, document or bank note which are found in his possession shall be forfeited to the State by order of the court before which he is tried or if there is no trial by order of the court before which the offence is inquired into.

 

480A.  (1)       Any person who, without lawful authority or excuse the proof of which lies on him, either orally or in writing makes inquiries of any other person, whether in Nigeria or at any place not in Nigeria-

 

(a)            as to the cost of obtaining or the cost of supplying or as to obtaining or supplying any machinery or instrument or material for the making of any paper or capable of producing in or on any paper any words, figures, letters, marks or lines resembling any words, figures, letters, marks or lines used in or on paper specially provided for any purpose mentioned in paragraph (1) of section 480; or

 

(b)            as to the cost of printing or otherwise reproducing or as to printing or otherwise reproducing any document referred to in paragraph (1) of section 480; no matter by what name such document may be referred to; or

 

(c)            as to whether such other person or any other person is prepared to print or otherwise reproduce or would be prepared to print or otherwise reproduce any such document as aforesaid; or

 

(d)            as to whether such other person or any other person is prepared to obtain or would be prepared to obtain any such document as aforesaid by any means other than paying full value for the same, shall be guilty of an offence and liable to imprisonment for one year.

 

 (2)           In the case of written inquiries in connection with any of the matters or subjects to which subsection (1) relates the fact that such inquiries were reduced into writing shall be sufficient proof of an attempt to commit the offence and the offender shall be subject to a like penalty as if he had committed the offence.

 

481.         Any person who, without lawful authority or excuse, the proof of which lies on him-

 

(1)            makes or mends, or begins, or prepares to make or mend, or uses, or knowingly has in his possession or disposes of, any die, plate, or instrument, capable of making an impression resembling that made by any die, plate or instrument, used for the purpose of making any stamp, whether impressed or adhesive, which is used for the purposes of the public revenue or of the Nigerian Postal Services Department in Nigeria or in any other country, or capable of producing in or on paper any words, figures, letters, marks, or lines, resembling any words, figures, letters, marks, or lines used in or on any paper specially provided by the proper authority for any such purpose; or

 

 (2)           knowingly has in his possession or disposes of any paper or other material which has on it the impression of any such die, plate, or instrument, or any paper which has on it or in it any such words, figures, letters, marks, or lines, as aforesaid; or

 

 (3)           fraudulently, and with intent that use may be made of any such stamp as aforesaid, or of any part of it, removes the stamp from any material in any way whatever; or

 

 (4)           fraudulently, and with intent that use may be made of any part of such stamp, mutilates the stamp; or

 

 (5)           fraudulently fixes or places upon any material or upon any such stamp, any stamp or part of a stamp which has been in any way removed from any other material, or out of or from any other stamp; or

 

 (6)           fraudulently, and with intent that use may be made of any such stamp which has been already impressed upon or attached to any material, erases or otherwise removes, either really or apparently, from such material anything whatever written on it; or

 

 (7)           knowingly has in his possession or disposes of anything obtained or prepared by any such unlawful act as aforesaid;

 

                is guilty of a felony, and is liable to imprisonment for fourteen years.

 

482.         Any person who, without lawful authority or excuse, the proof of which lies on him, knowingly has in his possession or disposes of any paper which has been specially provided by the proper authority for the purpose of being used for postage stamps, money orders, or postal orders, before such paper has been lawfully issued for public use, is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

483.         Any person who, without lawful authority or excuse, the proof of which lies on him-

 

 (1)           makes, or begins or prepares to make, or uses for any postal purpose, or has in his possession, or disposes of any imitation or representation on paper or any other material, of any stamp used for denoting any rate of postage of Nigeria, or of any other country; or

 

 (2)           makes or mends-, or begins or prepares to make or mend, or uses, or has in his possession or disposes of, any die, plate, instrument, or material, for making any such imitation or representation;

 

                 is guilty of a misdemeanour, and is liable to imprisonment for one year, or to a fine of one hundred naira. And any stamps, and any other such things as aforesaid, which are found in his possession, are forfeited to the State.

 

                 For the purposes of this section a stamp purporting to denote a rate of postage of any country is to be taken to be a stamp used for postal purposes in that country until the contrary is shown.

 

 

Chapter 46

Personation

 

 

484.         Any person who, with intent to defraud any person, falsely represents himself to be some other person, living or dead, is guilty of a felony, and is liable to imprisonment for three years. If the representation is that the offender is a person entitled by will or operation of law to any specific property and he commits the offence to obtain such property or possession thereof, he is liable to imprisonment for fourteen years.

 

485.         Any person who, without lawful authority or excuse, the proof of which lies on him, makes, in the name of any other person, before any court or person lawfully authorised to take such an acknowledgment, an acknowledgment of liability of any kind, or an acknowledgment of a deed or other instrument, is guilty of a felony, and liable to imprisonment for seven years.

 

486.         Any person who utters any document which has been issued by lawful authority to another person, and whereby that other person is certified to be a person possessed of any qualification recognised 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 of the same kind and is liable to the same punishment as if he had forged the document.

 

487.         Any person who, being a person to whom any document has been issued by lawful authority whereby he is certified to be a person possessed of any qualification recognised 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 therein, is guilty of a felony, and is liable to imprisonment for three years. The offender cannot be arrested without warrant.

 

488.         Any person who, with the purpose of obtaining any employment, utters any document of the nature of a testimonial or character given to another person, is guilty of a misdemeanour and is liable to imprisonment for one year.

 

489.         Any person who, being a person to whom any such document as is mentioned in the preceding section has been given, gives, sells or lends such document to another person with the intent that that other person may utter such document for the purpose of obtaining any employment is guilty of a misdemeanour, and is liable to imprisonment for three years.

 

 

Division 4

Offences Connected with Trade and Bread of Contract

 

 

Chapter 47

Fraudulent Debtors

 

490.         Any person who, with intent to defraud his creditors or any of them-

 

 (1)           makes any gift, delivery, or transfer of his property, or any charge on his property; or

 

 (2)           conceals or removes any part of his property after or within two months before the date of any unsatisfied judgment or order for payment of money obtained against him;

 

                 is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

 

Chapter 48

Offences in relation to Design Layout Copyright

 

 

See Section 18 of the Copyright Act

 

 

 

491.         Any person who knowingly-

 

(a)         makes for sale or hire any infringing copy of a work in which copyright subsists; or

 

(b)           sells or lets for hire, or by way of trade exposes or offers for sale or hire any infringing copy of any such work; or

 

(c)           distributes infringing copies of any such work either for the purposes of trade or to such an extent as to affect prejudicially the owner of the copyright; or

 

(d)           by way of trade exhibits in public any infringing copy of any such work; is guilty of a simple offence and is liable to a fine not exceeding four naira for every copy dealt with in contravention of this section, but not exceeding one hundred naira in respect of the same transaction; or, in the case of a second or subsequent offence, either to such fine or to imprisonment for two months.

 

492.         Any person who knowingly makes or has in his possession any plate for the purposes of making infringing copies of any work in which copyright subsists, or knowingly and for his private profit causes any such work to be performed in public without the, consent of the owner of the copyright, is guilty of a simple offence and is liable to a fine of one hundred naira; or, in the case of a second or subsequent offence, either to such fine or to imprisonment for two months.

 

493.         The court before which any proceedings are taken for any offence under the two last preceding sections may, whether the alleged offender is convicted or not, order all copies of the work or all plates in the possession of the alleged offender, which appear to it to be infringing copies or plates for the purpose of making infringing copies, to be destroyed or delivered up to the owner of the copyright or otherwise dealt with as the court may think fit.

 

 

Chapter 49

Secret Commissions and Corrupt Practices

 

494.  (1)          Any person who-

 

(a)           being an agent corruptly accepts or obtains or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gift or consideration as an inducement or reward for doing or for forbearing to do or for having after the commencement of this code done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or do favour to any person in relation to his principal's affairs or business; or

 

(b)           corruptly gives or agrees to give or offers any gift or consideration to any agent as an inducement or reward for doing or forbearing to do, or for having after the commencement of this code done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business; or

 

(c)            knowingly gives to any agent, or being an agent knowingly uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested and which contains any statement which is false or erroneous or defective in any material particulars, and which, to his knowledge, is intended to mislead his principal,

 

                is guilty of a misdemeanour, and is liable to imprisonment for two years or to a fine of one thousand naira or to both such imprisonment and fine.

 

 (2)           For the purposes of this section, the expression "consideration" includes valuable consideration of any kind; the expression "agent" includes any person employed by or acting for another; and the expression "principal" includes an employer.

 

 (3)           A person serving under the State or in Lagos, the government of the State, as the case may be, or any Local Government Council is an agent within the meaning of this section.

 

 (4)           A prosecution for an offence under this section shall not be instituted except by or with the consent of a law officer.

 

 

Part 7

Miscellaneous Offences

 

Chapter 50

Cruelly to Animals

 

495.  (1)           Any person who--

 

(a)            cruelly beats, kicks, ill-treats, over-rides, over-drives, over-loads, tortures, infuriates, or terrifies any animal, or causes or procures, or, being the owner, permits any animal to he so used; or

 

(b)           by wantonly or unreasonably doing or omitting to do any act. or causing or procuring the commission or omission of any act, causes any unnecessary suffering, or, being the owner, permits any unnecessary suffering to be caused to any animal; or

 

(c)            conveys or carries, or being the owner, permits to be conveyed or carried any animal in such manner or position as to cause such animal unnecessary suffering; or

 

(d)           wilfully without any reasonable cause or excuse administers, or causes or procures, or, being the owner, permits such administration of, any poisonous or injurious drug or substance to any animal, or wilfully without any reasonable cause or excuse causes any such substance to be taken by any animal; or

 

(e)           subjects, or causes or procures, or, being the owner, permits, to subjected, any animal to any operation which is performed without due care and humanity; or

 

(f)             causes. or procures, or assists at the fighting or baiting of any animal, or keeps, uses, manages, or acts or assists in the management of, any premises or place for the purpose, or partly for the purpose, of fighting or baiting any animal, or permits any place to be so kept, managed or used, or receives or causes or procures any person to receive money for the admission of any person to such premises or place,

 

                 is guilty of an offence of cruelty and is liable to imprisonment for six months or to a fine of fifty naira, or to both such imprisonment and fine.

 

 (2)           For the purposes of this section, an owner shall he deemed to have committed cruelty within the meaning of this Chapter if he shall have failed to exercise reasonable care and supervision in respect of the protection of the animal therefrom:

 

                Provided that, when an owner is convicted of permitting cruelty within the meaning of this Chapter by reason only of his having failed to exercise such care and supervision, he is not liable to imprisonment without the option of a fine.

 

 (3)           Nothing in this Chapter shall apply-

 

(a)            to the commission or omission of any act in the course of the destruction, or the preparation for destruction, of any animal as food for mankind, unless such destruction or such preparation was accompanied by the infliction of unnecessary suffering; or

 

(b)            to the coursing or hunting of any captive animal, unless such animal is liberated in an injured, mutilated or exhausted condition; but a captive animal shall not, for the purposes of this section, be deemed to be coursed or hunted before it is liberated for the purpose of being coursed or hunted, or after it has been recaptured, or if it is under control.

 

496.         When the owner of any animal is convicted of an offence of cruelty under the last preceding section, it shall he lawful for the court, if the court is satisfied that it would be cruel to keep the animal alive, to direct that the animal be destroyed, and to assign the animal to a suitable person for that purpose. Any reasonable expenses incurred in destroying the animal may be ordered by the court to be paid by the owner, and thereupon shall be recoverable in like manner as a fine.

 

497.         If the owner of any animal shall be guilty of cruelty within the meaning of this Chapter to any animal, the court upon his conviction thereof, may if it thinks fit, in addition to any other punishment, deprive such person of the ownership of the animal, and may make such order as to the disposal of the animal as it may think fit:

 

                Provided that no order shall be made under this section, unless it is shown by evidence as to a previous conviction, or as to the character of the owner, or otherwise, that the animal, if left with the owner, is likely to be exposed to further cruelty.

 

498.         When a person in charge of an animal or vehicle is arrested it shall be lawful for any police officer to take charge of such animal or vehicle and to deposit the same in a place of safe custody until the termination of the proceedings or until the court shall direct such animal or vehicle to be delivered to the person charged or to the owner, and the reasonable costs of such detention, including the reasonable costs of any veterinary treatment shall, in the event of a conviction in respect of the animal, be paid by the owner, and such costs may be recovered in like manner as a fine.

 

499.         In this Chapter, unless the context otherwise requires-

 

                "animal" means any domestic or captive animal;

 

                "captive animal" means any animal (not being a domestic animal) of whatsoever kind or species, including any bird, fish or reptile, which is in captivity, or confinement, or which is maimed, pinioned or subjected to any appliance or contrivance for the purpose of hindering or preventing its escape from captivity or confinement;

 

                "domestic animal" means any animal or bird which is tamed or which has been or is being sufficiently tamed to serve some purpose for the use of man.

 

 

Chapter 51

Miscellaneous offences in relation to Ships and Wharves

 

500.         In this Chapter, unless the context otherwise requires-

 

                "crew" includes masters, mates, pilots, engineers, stokers, deckhands and all persons engaged in the navigation or service of the ship;

 

                "Government" means the government of the Federation and includes a State government;

 

                "passenger steamer" means every steamship carrying one or more persons other than the crew, and the owner, his family, friends and servants;

 

                "ship" includes every description of vessel in the service of the Government and every passenger steamer employed in local navigation on the inland and territorial waters of Nigeria.

 

501.  (1)          If any of the following offences is committed on any ship-

 

(a)            if any person being drunk or disorderly has been on that account refused admission thereto by any duly authorised member of the crew and nevertheless persists in. attempting to enter the ship;

 

(b)            if any person being drunk or disorderly on board the ship is requested by any duly authorised member of the crew to leave the ship at any place at which he can conveniently do so, and does not comply with the request;

 

(c)            if any person on board the ship, after warning by any duly authorised member of the crew molests or continues to molest any passenger;

 

(d)            if any person shall obstruct, impede or molest the crew or any member of them in the navigation or management of the ship;

 

(e)            if any person, after having been refused admission to the ship by any duly authorised member of the crew on account of the ship being full, persists in attempting to enter the ship;

 

(f)             if any person having gone on board the ship at any place and being requested, on account of the ship being full, by any duly authorised member of the crew to leave the ship, before it has quitted that place, does not comply with that request;

 

(g)           if any person travels or attempts to travel in the ship without first paying his fare and with intent to avoid payment thereof,

 

(h)            if any person having paid his fare for a certain distance, knowingly and wilfully proceeds in the ship beyond that distance without first paying the additional fare for the additional distance, and with intent to avoid payment thereof;

 

(i)             if any person on arriving in a ship at the point to which he has paid his fare knowingly and wilfully refuses or neglects to quit the ship;

 

(j)             if any person on board the ship fails when requested by any duly authorised member of the crew either to pay his fare or exhibit such ticket or other receipt, if any, showing the payment of his fare, as is usually given to persons travelling by and paying their fare on the ship;

 

(k)            if any person travels or attempts to travel in that part of a ship which is set apart for passengers of a superior class to that for which he holds a ticket;

 

(l)             if any person travels or attempts to travel in any ship or part of a ship which is not set apart for public passengers and on being ordered by any duly authorised member of the crew to leave such place refuses so to do; the person so offending shall for such offence be liable to a fine of ten naira but that liability shall not prejudice the recovery of any fare payable by him.

 

 (2)           Any member of the crew in charge of any ship, and all persons called by him to his assistance, may, without warrant, arrest any person who commits any offence against this section and whose name and address are unknown to him.

 

 (3)           Any person who commits an offence against this section and on the application of the officer or quartermaster in charge of the ship, refuses to give his name and address, or gives a false name or address, shall be liable to a fine of forty naira.

 

502.  (1)           Any person who-

 

(a)            not being a passenger by a ship or not having purchased a ticket to travel by a ship enters upon any enclosed quay, wharf, or landing place, and on being ordered to leave such quay, wharf, or landing place by any servant of the Nigerian Ports Authority or person in charge of such quay, wharf, or landing place or any police officer refuses to do so; or

 

(b)            not being a passenger by a ship or not having purchased a ticket to travel by a ship attempts to enter upon any enclosed quay, wharf or landing place, and on being ordered to desist by any servant of the Nigerian Ports Authority or person in charge of such quay, wharf or landing place, or any police officer persists in so doing;

 

                 is guilty of a simple offence and is liable to a fine of four naira or in default to imprisonment for one month.

 

 (2)           Any duly authorised member of the crew or any police officer and all persons called by him to his assistance may, without warrant, arrest any person who commits any offence against this section and whose name and address are unknown to him.

 

503.         Any duly authorised member of the crew of any ship may refuse to receive on board thereof any person who by reason of drunkenness or otherwise is in such a state, or misconducts himself in such a manner, as to cause annoyance or injury to passengers on board, and if any such person is on board, may put him on shore at any convenient place.

 

504.         For the purpose of giving jurisdiction under this Chapter, every offence shall be deemed to have been committed and every cause of complaint to have arisen either in the district in which the same actually was committed or arose, or in any district in which the offender or person complained against is or may he found.

 

 

Chapter 52

Offences by Members of a Crew

 

 

505.         In this Chapter unless the context otherwise requires- "Government" means the government of the Federation and includes a State government;

 

                "ship" includes every description of vessel used in inland navigation or in the service of the Government, but does not include-

 

(a)           ocean-going ships not in the service of the Government; or

 

(b)           vessels or canoes of local manufacture;

 

                voyage" means the period from the date of the entry of the starting of a ship in the ship's log to the date when the ship's log is handed over to the employer or his agent and the voyage terminates.

 

506.         A person serving in the crew of a ship shall complete any voyage the ship may be engaged in making when the period of his engagement expires:

 

                Provided that the person serving after the term of his agreement has expired shall be paid up to the date of the termination of the voyage, at the rate stipulated for under the terms of the agreement under which he is serving.

 

507.  (1)           Any person who-

 

(i)             having entered into an agreement to serve in the crew of any ship fails to enter upon his employment; or

 

(ii)           being a member of the crew of any ship,

 

(a)            deserts or without leave or lawful cause absents himself from duty;

 

(b)            is intoxicated during working hours;

 

(c)            refuses without reasonable excuse therefor to obey the order of any person in authority over him;

 

(d)            uses abusive or insulting language to any person in authority over him;

 

(e)            wilfully does any act tending to the loss of or damage or serious risk to his employers' property;

 

(f)             refuses or omits without reasonable cause to do any act proper and requisite to be done by him for preserving his employers' property;

 

                is guilty of a simple offence and is liable to a fine of ten naira.

 

 (2)           Any person serving in the crew of any ship who combines with any of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage shall be liable to imprisonment for three months.

 

 (3)           The offender may be tried in any place where he is or to which he may be brought.

 

 (4)           A master or person in charge of an ocean-going ship may inquire into any offence under this section, and may impose upon the offender a fine not exceeding ten naira to be levied by stoppage from the offender's wages.

 

 

 

Part 8

Preparation to Commit Offences: Conspiracy: Accessories after the Fact

 

 

Chapter 53

Attempts, Incitements, and Preparations to Commit Offences: Neglect to prevent Commission of Felony

 

 

508.         Any person who attempts to commit a felony or misdemeanour is guilty of an offence, which, unless otherwise stated, is a misdemeanour.

 

509.         Any person who attempts to commit a felony of such a kind that person convicted of it is liable to the punishment of death or of imprisonment for a term of fourteen years or upwards, with or without other punishment, is guilty of a felony, and is liable, if no other punishment is provided, to imprisonment for seven years.

 

                 Any person who attempts to commit a felony of any other kind is liable, if no other punishment is provided, to a punishment equal to one-half of the greatest punishment to which an offender convicted of the felony which he attempted to commit is liable.

 

510.         Any person who attempts to commit a misdemeanour is liable if no other punishment is provided, to a punishment equal to one-half of the greatest punishment to which an offender convicted of the offence which he attempted to commit is liable.

 

511.         Any person who attempts to commit a simple offence is liable, if no other punishment is provided, to one-half of the greatest punishment to which an offender convicted of the offence which he attempted to commit is liable.

 

512.         When a person is convicted of attempting to commit an offence, if it is proved that he desisted of his own motion from the further prosecution of his intention, without its fulfilment being prevented by circumstances independent of will, he is liable to one-half only of the punishment to which he would otherwise be liable. If that punishment is imprisonment for life, the greatest punishment to which he is liable is imprisonment for seven years.

 

513.  (1)           Any person who attempts to procure another to do an act or make an omission of such a nature that if he himself were to do the act or make the omission he would be guilty of an offence, is himself to be deemed guilty of attempting to commit such offence and to be punishable accordingly.

 

 (2)           Any person who while in Nigeria attempts to procure another to do an act or make an omission at a place not in Nigeria of such a nature--

 

(a)            that if he were himself to do the act or make the omission in Nigeria he would he guilty of an offence; and

 

(b)            that if he were himself to do the act or make the omission at the place where the act or omission is proposed to be done or made he would himself be guilty of an offence under the laws in force at that place, is guilty of an offence of the same kind and is liable to the same punishment as if he were himself to attempt to do the same act or make the same omission in Nigeria.

 

514.         Any person who makes or knowingly has in his possession any explosive substance, or any dangerous or noxious engine, instrument, or thing whatever, with intent by means thereof to commit, or for the purpose of enabling any other person by means thereof to commit, any felony, is guilty of a felony, and is liable to imprisonment for three years.

 

515.         Every person who, knowing that a person designs to commit or is committing a felony, fails to use all reasonable means to prevent the commission or completion thereof, is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

 

Chapter 54

Conspiracy

 

 

516.         Any person who conspires with another to commit any felony, or to do any act in any part of the world which if done in Nigeria would be a felony, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a felony, and is liable, if no other punishment is provided, to imprisonment for seven years, or, if the greatest punishment to which a person convicted of the felony in question is liable is less than imprisonment for seven years, then to such lesser punishment.

 

516A.  (1)        Any person who while in a State conspires with another to do any act not in the State which if done in the State would be a felony against the law of the State and which is an offence against the law of the place where it is proposed to be done, is guilty of a felony and is liable, if no other punishment is provided, to imprisonment for seven years, or, if the greatest punishment to which a person convicted of the felony in question is liable is less than imprisonment for seven years, then to such lesser punishment.

 

 (2)           In this section and section 517A "law of a State" has the meaning assigned to it in section 10A of this code.

 

517.         Any person who conspires with another to commit any offence which is not a felony, or to do any act in any part of the world, which if done in Nigeria would be an offence but not a felony, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a misdemeanour and is liable to imprisonment for two years.

 

                The offender cannot be arrested without warrant.

 

517A.      Any person who while in a State conspires with another to do any act not in the State which if done in the State would be an offence against the law of the State (other than a felony) and, which is an offence against the law of the place where it is proposed to be done is guilty of a misdemeanour and is liable to imprisonment for two years.

 

                 The offender cannot be arrested without warrant.

 

518.         Any person who conspires with another to effect any of the following purposes-

 

 (1)           to prevent or defeat the execution or enforcement of any Act, Law, Statute, or Order; or

 

 (2)           to cause any injury to the person or reputation of any person, or to depreciate the value of any property of any person; or

 

 (3)           to prevent or obstruct the free and lawful disposition of any property by the owner thereof for its fair value; or

 

 (4)           to injure any person in his trade or profession; or

 

 (5)           to prevent or obstruct, by means of any act or acts which if done by an individual person would constitute an offence on his part, the free and lawful exercise by any person of his trade, profession, or occupation; or

 

 (6)           to effect any unlawful purpose; or

 

 (7)           to effect any lawful purpose by any unlawful means;

 

                 is guilty of a misdemeanour, and is liable to imprisonment for two years. An offender cannot be arrested without warrant.

 

518A.  (1)      The provisions of sections 516 to 518 shall not apply to an agreement or combination of two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute if such act committed by one person would not he punishable as an offence: Provided that nothing in this section shall exempt from punishment any persons guilty of a conspiracy for which a punishment is provided by any other enactment:

 

                        And provided further that nothing in this section shall affect the law relating to riot, unlawful assembly, breach of the peace, or sedition, or any offence against the State.

 

 (2)           For the purposes of this section-

 

                "offence" does not include an offence punishable only by a fine; and

 

                "trade dispute" has the same meaning as in the Trade Unions Act. CHAPTER 55-Accessories after the Fact

 

519.         Any person who becomes an accessory after the fact to a felony is guilty of a felony, and is liable, if no other punishment is provided, to imprisonment for two years.

 

520.         Any person who becomes an accessory after the fact to a misdemeanour is guilty of a misdemeanour, and is liable to a punishment equal to one-half of the greatest punishment to which the principal offender is liable on conviction.

 

521.         Any person who becomes an accessory after the fact to a simple offence is guilty of a simple offence, and is liable to a punishment equal to one-half of the greatest punishment to which the principal offender is liable on conviction.

 

Federal Sections

 

See Preface

 

The following sections of the Criminal Code are, in the opinion of the Committee, purely Federal-

12

49A

233A

13

49B

345

14

49C

449

20

58

454

38

78

459

44

79

459A

45

87

459B

46

146-189

460

46A

190A

482

47

194

483

48

195

491

49

196

492-493

 

 

 

 

Subsidiary Legislation

 

 

List of Subsidiary Legislation PAGE

 

 

1.            Prohibited Publications Orders 3300.

 

2.            Unlawful Societies Order 3303

 

3.            Witchcraft and Juju Order 3304

 

4.            Race Club Lotteries and Sweepstakes Notices 3306

 

 

Prohibited Publications Orders

 

Under section 58(1) of the Criminal Code

 

1.             This Order may be cited as the Prohibited Publication ("For a Pan-African Trade Union Conference") Order.

 

2.             The importation into Nigeria of a publication purporting to he issued by the World Federation of Trade Unions and entitled "For a Pan-African Trade Union Conference" is hereby prohibited.

 

1.             This Order may be cited as the Prohibition of Publications (Film: "The Road to Peace") Order.

 

2.             The importation into Nigeria of a publication purporting to be issued by the World Peace Council and entitled "The Road to Peace" is hereby prohibited.

 

1.             This Order may be cited as the Criminal Code (Prohibited Publication) Order.

 

2.             The importation into Nigeria of the following publication, that is to say, the cinematograph film entitled "Song of the Rivers" is hereby prohibited.

 

1.             This Order may be cited as the Criminal Code (Prohibited Importations) Order.

 

2.             The importation into Nigeria of-

 

(a)           any of the publications specified in Part A of the Schedule to this Order; and

 

(b)           any past or future issue of the periodical publications specified in Part B of the Schedule to this Order, is hereby prohibited.

 

 

Part A

 

 

Publication

Publisher

This the I.U.S., 1953.

International Union of Students.

For Real Social Security.

World Federation of Trade Unions.

Terror in Kenya.

W.F.T.U. Publications Ltd., London.

For Peace and Friendship: The Work of the Third World Youth Congress.

"World Youth" Magazine, Organ of the World Federation of Democratic Youth.

The Colonies. The Way Forward.

The Communist Party, London- November, 1944.

Work with the Masses.

W.F.T.U. Publications Ltd., London, W.C.2.

Under the Banner of Unity and International Solidarity.

W.F.T.U. Publications Ltd., London, W.C.2.

Defend Trade Union Rights.

Published in September, 1952, by W.F.T.U. Publications Ltd., London, W.C.2.

Report of the Commission of the Women's International Democratic Federation in Korea, May 16th to 27th, 1951.

Women's International Democratic Federation, Berlin, Germany.

The Mask is Off.

Thames Publications Ltd., England.

The Right to Live.

Kenya Committee, 86 Rochester Row, London, S.W. I.

Kenya under the Iron Heel.

Movement for a Democracy of Content, Contemporary Press, 26 Heber Road, London, N.W.2.

 

 

Part B

 

 

World Youth.

World Federation of Democratic Youth/World Youth, Budapest, Hungary.

Information Service, World Federation of Democratic Youth.

World Federation of Democratic Youth/World Youth, Budapest, Hungary.

Press Communique, World Federation of Democratic Youth.

World Federation of Democratic Youth/World Youth, Budapest, Hungary.

Annual Diary.

World Federation of Democratic Youth/World Youth, Budapest, Hungary.

News Service, International Union of Students.

Press and Information Department, International Union of Students, Prague, Czechoslovakia.

Information Service, International Union of Students.

International Union of Students, Prague, Czechoslovakia.

Press Communique, International Union of Students.

International Union of Students, Prague, Czechoslovakia.

World Student News.

International Union of Students, Prague, Czechoslovakia.

Annual Diary.

International Union of Students, Prague, Czechoslovakia.

Czechoslovakia Information Bulletin.

Central Council of Trade Unions, Prague, Czechoslovakia.

World Trade Union Movement.

World Federation of Trade Unions Publications Ltd., London, W.C.2.

Information Bulletin.

International of Agricultural and Forestry Workers Trade Unions and Working Peasants Organisations, Rome, Italy.

Special Information Bulletin published by Women's International Democratic Federation.

Women's International Democratic Federation, Berlin, Germany.

Women of the Whole World.

Women's International Democratic Federation, Berlin, Germany.

Africa News Letter.

Africa Committee of the Communist Party, London, W.C.2.

Africa Bulletin.

M. Basset, London, N.W.3.

21st February (Special News paper for the 21st February).

World Federation of Democratic Youth, Budapest, Hungary.

Article Service, World Federation of Democratic Youth.

World Federation of Democratic Youth, Budapest, Hungary.

For a Lasting Peace for a People's Democracy.

Information Bureau of the Communist and Workers' Parties, Bucharest, Rumania.

Information Bulletin of the Hungarian Trade Unions.

The Central Council of Hungarian Trade Unions, Budapest, Hungary.

Festival.

Newspaper of the International Prepatory Committee.

 

 

1.             The importation into Nigeria of the magazine entitled the "Peking Review", a weekly magazine of Chinese news and views, is hereby prohibited.

 

2.             This Order may be cited as the Criminal Code (Prohibited Importations) Order.

 

 

 

Unlawful Societies Order

 

under section 62(2)(ii) of the Criminal Code Act

 

               The following societies are hereby declared to be dangerous to the good government of Nigeria-

 

(a)          The society known as "Akpambe".

 

(b)           The society known as "Ukikwe".

 

(c)           The society known as "Ogrinia".

 

(d)           The society known as "Ekpa". 42 of 1948.

 

(e)           The society now operating in the ljebu Province and purporting to operate under the style of Majeobaje or Majekobaje.

 

                The following societies are hereby declared for the purposes of Chapter 9 of the Criminal Code to be societies dangerous to the good government of Nigeria-

 

(f)            The society commonly known as the Zikist Movement.

 

(g)           The society commonly known as Gbogbo Agbaiye.

 

(h)           The society commonly known as Aiye Peju.

 

(i)             The society commonly known as the Union des Populations du Cameroun.

 

(j)             The society commonly known as the Cameroons Democratic Youth but with the alternative French title Jeunesse Democratique Camerounaise.

 

(k)            The society commonly known as the Kamerun Women's Democratic Union but with the alternative French title Union des Femmes Camerounaises.

 

               The society commonly. known as the "Sawaba Party" or alternatively Parti Sawaba.

 

 

 

Witchcraft and Juju Order

 

under sections 207(2) and 210(f)

 

                The worship or invocation of the jujus hereinafter mentioned is hereby prohibited-

 

 (1)           The juju commonly called Sopono, the god of smallpox;

 

 (2)           The juju commonly called Chuku, or the Long Juju;

 

 (3)          The juju commonly called Obonorio or Obonorie;

 

 (4)           The juju commonly called Iffalluni;

 

 (5)          The juju commonly called Afa;

 

 (6)          The juju known as Akpakpage, situated in the town of Asagba in the Warri Province;

 

 (7)          The juju commonly known as Nwadiani;

 

 (8)          The jujus known as Abara (Agbara, Abala) or Igwe and Raba.

 

 (9)           The juju commonly called Nwa-Chuku or Onyilora.

 

 (10)        The juju commonly called Odene.

 

 (11)         The juju known as Onene.

 

                The making, use or possession of the drum known as the Ikoro drum, which is believed to be associated with human sacrifice or other unlawful practice, is hereby prohibited.

 

1.             The worship or invocation of the juju known as "Nyambuan" is hereby prohibited.

 

2.             The making, use, or possession of any drug, charm or other article associated with the cult of the juju "Nyambuan" is hereby prohibited.

 

1.             The worship or invocation of the juju known as "Mam" is hereby prohibited.

 

2.             The making, use, or possession of any drug, charm or other article associated with the cult of the juju "Mam" is hereby prohibited.

 

1.             The worship or invocation of the jujus known as "Chikelagulu" and "lyiakpu" is hereby prohibited.

 

2.             The making, use, or possession of any drug, charity or other article associated with the cult of the jujus "Chikelagulu" or "lyiakpu" is hereby prohibited.

 

1.             The worship or invocation of the juju known as "Ofufe" is hereby prohibited.

 

2.             The making, use, or possession-of any drug, charm or other article associated with the cult of the juju "Ofufe" is hereby prohibited.

 

1.             This Order may be cited as the Prohibited Juju (Atinga) Order.

 

2.             The worship or invocation of the juju known as "Atinga" is hereby prohibited.

 

3.             The making, use, or possession of any drug, charm or other article associated with the cult of the juju known as "Atinga" is hereby prohibited.

 

1.             This Order may be cited as the Prohibited Juju (Angulama-nom- awo) Order.

 

2.             The worship or invocation of the juju known as "Angulama-nom-awo" is hereby prohibited.

 

3.             The making, use or possession of any drug, charm, image or other article whatsoever which is associated with the invocation or cult of the juju "Angulama-nom-awo" is hereby prohibited.

 

 

Race Club Lotteries and Sweepstakes Notices

 

under section 240D(I) of the Criminal Code Act

 

                In accordance with the powers vested in him by section 240D(I) of the Criminal Code Act the Governor has extended the provisions of the said section to the following race club:

 

                The Lagos Race Club.

 

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* Schedule 3 to the Quarries Act 1969 purports to amend this section by inserting the words "or quarrying" after the word "mining" wherever it occurs but the word  "mining" does not occur in the section.