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Part 3

Offences against the Administration of Law and Justice and against Public Authority

 

 

Chapter 11

Disclosure of 0fficial Secrets and Abstracting Document

 

 

89  to  96  inclusive. (Deleted by No. 31 of 1941.)

 

97.   (1)           Any person who, being employed in the public service, publishes or communicates any fact which comes to his knowledge by virtue of his office, and which it is his duty to keep secret, or any document which comes to his possession by virtue of his office and which it is his duty to keep secret, except to some person to whom he is bound to publish or communicate it, is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

(2)            Any person who, being employed in the public service, without, proper authority abstracts, or makes a copy of, any document the property of his employer is guilty of a misdemeanour and is liable to imprisonment for one year.

 

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

 

 

 

Chapter 12

Corruption and Abuse of Office

 

 

98.   (1)           Any public official (as defined in section 98D) who-

 

(a)            corruptly asks for, receives or obtains any property or benefit of any kind for himself or any other person; or bribes, etc.,

 

(b)           corruptly agrees or attempts to receive or obtain any property or benefit of any kind for himself or any other person, on account of-

 

(i)             anything already, done or omitted, or any favour or disfavour already shown to any person, by himself in the discharge of his official duties or in relation to any matter connected with the functions, affairs or business of a Government department, public body or other organisation or institution in which he is serving as a public official, or

 

(ii)            anything to be afterwards done or omitted, or any favour or disfavour to be afterwards shown to any person, by himself in the discharge of his official duties or in relation to any such matter as aforesaid, is guilty of the felony of official corruption and is liable to imprisonment for seven years.

 

(2)            If in any proceedings for an offence under this section it is proved that any property or benefit of any kind, or any promise thereof, was received by a public official, or by some other person at the instance of a public official, from a person-

 

(i)             holding, or seeking to obtain, a contract, licence or permit from a Government department, public body or other organisation or institution in which that public official is serving as such, or

 

(ii)            concerned, or likely to be concerned, in any proceeding or business transacted, pending or likely to be transacted before or by that public official or a government department, public body or other organisation or institution in which that public official is serving as such, or by or from any person acting on behalf of or related to such a person, the property, benefit or promise shall, unless the contrary is proved, he deemed to have been received corruptly on account of such a past or future act, ommission, favour or disfavour as is mentioned in subsection (1)(i) or (ii).

 

(3)            In any proceedings for an offence under this section to which subsection (1)(ii) is relevant it shall not be a defence to show that the accused-

 

(a)            did not subsequently do, make or show the act, omission, favour or disfavour in question; or

 

(b)            never intended to do, make or show it.

 

(4)           Without prejudice to subsection (3), where a police officer or other public official whose official duties include the prosecution detention or punishment of offenders is charged with an offence under this section in connection with-

 

(a)            the arrest, detention or prosecution of any person for an alleged offence; or

 

(b)            an ommission to arrest, detain or prosecute any person for an alleged offence; or

 

(c)            the investigation of an alleged offence,

 

                 it shall not be necessary to prove that the accused believed that the offence mentioned in paragraph (a), (b),or (c), or any other offence, had been committed.

 

98A.   (1)          Any person who- Official corruption: person giving bribes, etc., on account of actions of public Official.

 

(a)            corruptly gives, confers or procures any property or benefit of any kind to, on or for a public official (as defined in section 98D) or to, on or for any other person; or 1966 No. 84.

 

(b)            corruptly promises or offers to give or confer or to procure or attempt to procure any property or benefit of any kind to, on or for a public official or to, on or for any other person,

 

                on account of any such act, omission, favour or disfavour on the part of the public official as is mentioned in section 98(1)(i) or (ii), is guilty of the felony of official corruption and is liable to imprisonment for seven years.

 

(2)            If in any proceedings for an offence under this section it is proved that any property or benefit of any kind, or any promise thereof, was given to a public official, or to some other person at the instance of a public official, by a person-

 

(i)             holding, or seeking to obtain, a contract, licence or permit from a Government department, public body or other organisation or institution in which that public official is serving as such, or

 

(ii)            concerned, or likely to be concerned, in any proceeding or business transacted, pending or likely to be transacted before or by that public official or a government department, public body or other organisation or institution in which that public official is serving as such,

 

                or by or from any person acting on behalf of or related to such a person, the property, benefit or promise shall unless the contrary is proved be deemed to have been given corruptly on account of such a past or future act, omission, favour or disfavour as is mentioned in section 98(1)(i) or (ii).

 

98B.   (1)           Any person who--

 

(a)            corruptly asks for, receives or obtains 'any property or benefit of any kind for himself or any other person; or

 

(b)            corruptly agrees or attempts to receive or obtain any property or benefit of any kind for himself or any other person, on account of-

 

(i)             anything already done or omitted, or any favour or disfavour already shown to any person, by a public official (as defined in section 98D) in the discharge of his official duties or in relation to any matter connected with the functions, affairs or business of a Government department, public body or other organisation or institution in which the public official is serving as such; or

 

(ii)            anything to be afterwards done or omitted, or any favour or disfavour to be afterwards shown to any person, by a public official in the discharge of his official duties or in relation to any such matter as aforesaid,

 

                is guilty of the felony of official corruption and is liable to imprisonment for seven years.

 

(2)           In any proceedings for an offence under this section it shall not be necessary to prove-

 

(a)            that any public official counselled the commission of the offence; or

 

(b)            that in the course of committing the offence the accused mentioned any particular public official; or

 

(c)            that (in a case to which subsection (1)(ii) is relevant) the accused believed that any public official would do, make or show the act, omission, favour or disfavour in question; or

 

(d)            that the accused intended to give the property or benefit in question, or any part thereof, to a public official.

 

98C.  (1)          A judicial officer cannot be arrested without warrant for an offence under section 98, 98A Or 98B.

 

 (2)           No proceedings for an offence under section 98, 98A Or 98B shall he instituted against a judicial officer except on a complaint or information Signed by or on behalf of the Attorney-General of the Federation or by or on behalf of the Attorney-General of the State in which the offence is alleged to have been committed.

 

(3)            In this section, "judicial officer" means, in addition to the officers mentioned in the definition of that expression contained in section 1(1)-

 

(a)            a member of a customary court;

 

(b)            a member of a juvenile court;

 

(c)            an arbitrator, umpire or referee;

 

(d)            a person called upon to serve as an assessor in any civil or criminal proceedings;

 

(e)            a member of a jury;

 

(f)             a member of a tribunal of inquiry constituted under the Tribunals of Inquiry Act; and

 

(g)            any person before whom, under any law in force in Nigeria or any part thereof, there may be held proceedings in which evidence may be taken on oath.

 

98D.        In sections 98 to 98B, "public official" means any person employed in the public service (within the meaning of that expression as defined in section 1(1)) or any judicial officer within the meaning of section 98c.

 

99.            Any person who, being employed in the public service, takes, Or accepts from any person, for the performance of his duty as such officer, any reward beyond his proper pay and emoluments, or any promise of such reward, is guilty of a felony, and is liable to imprisonment for three years.

 

100.         (Deleted by 1966 No. 84.)

 

101.         Any person who, being employed in the public service, knowingly acquires or holds, directly or indirectly, otherwise than as a member of a registered joint stock company consisting of more than twenty persons, a private interest in any contract or agreement which is made on account of the public service with respect to any matter concerning the department of the service in which he is employed, is guilty of a felony, and is liable to imprisonment for three years, and to be fined at the discretion of the court.

 

                The offender cannot be arrested without warrant.

 

102.         Any person who, being employed in the public service, and being charged by virtue of his employment with any judicial or administrative duties respecting property of a special character, respecting the carrying on of any manufacture, trade, or business of a special character, and having acquired or holding, directly or indirectly, a private interest in any such property, manufacture, trade, or business, discharges any such duties with respect to the property, manufacture, trade, or business in which he has such interest, or with respect to the conduct of any person in relation thereto, is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

103.         Any person who, being employed in the public service in such a capacity as to require him or to enable him to furnish returns or statements touching any sum payable or claimed to be payable to himself or to any other person, or touching any other matter required to be certified for the purpose of any payment of money or delivery of goods to be made to any person, makes a return or statement touching any such matter which is to his knowledge, false in any material particular, is guilty of a felony, and is liable to imprisonment for three years.

 

104.         Any person who, being employed in the public service, does or directs to be done, in abuse of the authority of his office, any arbitrary act prejudicial to the rights of another is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

                If the act is done or directed to be done for purposes of gain he is guilty of a felony, and is liable to imprisonment for three years.

 

                The offender cannot be arrested without warrant.

 

                A prosecution for any offence under this or any of the last three preceding sections shall not be instituted except by or with the consent of a law officer.

 

105.         Any person who, being authorised or required by law to give any certificate touching any matter by virtue whereof the rights of any person may be prejudicially affected, gives a certificate which is, to his knowledge, false in any material particular, is guilty of a felony, and is liable to imprisonment of three years.

 

                The offender cannot be arrested without warrant.

 

106.         Any person who administers an oath, or takes a solemn declaration or affirmation or affidavit, touching any matter with respect to which he has not by law any authority to do so, is guilty of a misdemeanour, and is liable to imprisonment for one year. This section does not apply to an oath, declaration, affirmation, or affidavit, administered or taken before a peace officer in any matter relating to the preservation of the peace or the punishment of offences, or relating to inquiries respecting sudden death; nor to an oath, declaration, affirmation, or affidavit, administered or taken for some purpose which is lawful under the laws of another country, or for the purpose of giving validity to an instrument in writing which is intended to be used in another country.

 

107.         Any person who-

 

(1)           not being a judicial officer, assumes to act as a judicial officer; or

 

(2)           without authority assumes to act as a person having authority by law to administer an oath or take a solemn declaration or affirmation or affidavit, or to do any other act of a public nature which can only be done by persons authorised by law to do so; or

 

(3)            represents himself to be a person authorised by law to sign a document testifying to the contents of any register or record kept by lawful authority, or testifying to any fact or event, and signs such document as being so authorised, when he is not, and knows that he is not, in fact, so authorised; is guilty of a felony, and is liable to imprisonment for three years.

 

                        The offender cannot be arrested without warrant.

 

108.         Any person who-

 

(1)            personates any person employed in the public service on an occasion when the latter is required to do any act or attend in any place by virtue of his employment; or

 

(2)            falsely represents himself to be a person employed in the public service, and assumes to do any act or to attend in any place for the purpose of doing any act by virtue of such employment; is guilty of a felony, and is liable to imprisonment for three years.

 

109.        Any person who, not being a person serving in the armed forces of Nigeria nor a member of the police forces, and with intent that he may be taken to be such a person or member as aforesaid-

 

(a)             wears any part of the uniform of, or

 

(b)            wears any garb resembling any part of the uniform of, a person serving in the armed forces of Nigeria, or a member of the police forces,

 

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

 

110.         Any person who- Unlawfully wearing the uniform of forces, etc. L.N. 112 of 1964. 1967 No. 27.

 

(1)            not being a person serving in any of the armed forces of Nigeria, wears the uniform or any part of the uniform of such forces, or any the armed dress having the appearance or bearing any of the regimental or other distinctive marks of such uniforms; or

 

(2)            not being a person holding any office or authority under the Government of Nigeria or of any part thereof, wears any uniform or distinctive badge or mark or carries any token calculated to convey the impression that such person holds any office or authority under the government;

 

                 is guilty of an offence and is liable to imprisonment for one month, or to a fine of ten naira, unless he proves that he had the permission of the President or of the Governor of a State or wear such uniform or dress, badge or mark or to carry such token:

 

                 Provided that this section shall not apply to the wearing of any uniform or dress in the course of a stage play or in any bona fide public entertainment.

 

111.         Any person who sells or gives any uniform, or part of a or any dress, badge or mark, as in the last preceding section mentioned, to any person who is not authorised to wear the same, is guilty of an offence and is liable to the penalties prescribed in the said section.

 

 

Chapter 13

Selling and Trafficking in 0ffices

 

 

112.         Any person who--

 

(1)            corruptly asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or benefit of any kind for himself or any other person on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by him or any other person, with regard to the appointment or contemplated appointment of any person to any office or employment in the public service, or with regard to any application by any person for employment in the public service; or

 

(2)            corruptly gives, confers, or procures, or promises or oiters to give or confer, or to procure or attempt to procure, to, upon, or for, any person any property or benefit of any kind on account Of any such act or omission;

                

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

 

 

Chapter 14

Offences relating to the Administration of Justice

 

 

113.         In this chapter, the term "judicial proceeding" includes any proceeding had or taken in or before any court, tribunal, commission of inquiry, or person, in which evidence may or may not be taken on oath.

 

114-116   inclusive. (Deleted by 1966 No. 84.)

 

117.         Any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then depending in that proceeding, or intended to be raised in that proceeding, is guilty of an offence, which is called perjury.

 

                It is immaterial whether the testimony is given on oath or under any other sanction authorised by law.

 

                The forms and ceremonies used in administering the oath or in otherwise binding the person giving the testimony to speak the truth" are immaterial, if he assent to the forms and ceremonies actually used.

 

                It is immaterial whether the false testimony is given orally or in writing. It is immaterial whether the court or tribunal is properly constituted, or is held in the proper place, or not, if it actually acts as a court or tribunal in the proceeding in which the testimony is given.

 

                It is immaterial whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceeding or not.

 

The offender cannot be arrested without warrant.

 

118.         Any person who commits perjury is liable to imprisonment for Punishment fourteen years. of perjury.

 

                If the offender commits the offence in order to procure the conviction of another person for an offence punishable with death or with imprisonment for life, he is liable to imprisonment for life.

 

119.         A person cannot be convicted of committing perjury, or of counselling or procuring the commission of perjury, upon the uncorroborated testimony of one witness.

 

120.         Any person who, with intent to mislead any tribunal in any judicial proceeding-

 

(1)           fabricates evidence by any means other than perjury or counselling or procuring the commission of perjury; or

 

(2)           knowingly makes use of such fabricated evidence;

 

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

 

               The offender cannot be arrested without warrant.

 

121.         Any person who-

 

(1)            gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit of any kind to, upon, or for, any person, upon any agreement or understanding that any person called or to be called as a witness in any judicial proceeding shall give false testimony or withhold true testimony; or

 

(2)            attempts by any other means to induce a person called or to be called as a witness in any judicial proceeding to give false testimony or to withhold true testimony; or

 

(3)            asks, receives or obtains, or agrees or attempts to receive or obtain any property or benefit of any kind for himself or any other person, upon any agreement or understanding that any person shall as a witness in any judicial, proceeding give false testimony or withold true testimony;

 

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

 

122.         Any person who practises any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of such person as a witness,

 

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

 

                The offender cannot be arrested without warrant.

 

123.         Any person who, knowing that any book, document, or other thing of any kind, is or may be required in evidence in a judicial proceeding, wilfully removes, conceals or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence is guilty of a felony, and is liable to imprisonment for three years.

 

                The offender cannot be arrested without warrant.

 

124.         Any person who wilfully prevents or attempts to prevent any person who has been duly summoned to attend as a witness before any court or tribunal from attending as a witness, or from producing anything in evidence pursuant to the subpoena or summons, is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

125.         Any person who conspires with another to charge any person or cause any person to he charged with any offence, whether alleged to have been committed in Nigeria or elsewhere, knowing that such person is innocent of the alleged offence, or not believing him to be guilty of the alleged offence, is guilty of a felony.

 

                If the offence is such that a person convicted of it is liable to be sentenced to death or to imprisonment for life, the offender is liable to imprisonment for life.

 

                 If the offence is such that a person convicted of it is liable to be sentenced to imprisonment, but for a term less than life, the offender is liable to imprisonment for fourteen years.

 

                In any other case the offender is liable to imprisonment for seven years. The offender cannot be arrested without warrant.

 

125A.  (1)       Any individual who gives any information which he knows or believes to be false, to any person employed in the public service with the intention of causing such person-

 

(a)             to do or omit to do anything which such person ought not to do or ought not to omit to do if the true facts concerning the information given were known to such person; or

 

(b)            to exercise or use his lawful powers as a person employed in the public service to the injury or annoyance of any other person,

 

                is guilty of an offence and liable to imprisonment for one year.

 

  (2)         A prosecution for an offence under this section shall not be instituted-

 

(a)            without the consent of a superior police officer; or

 

(b)            where in any division an administrative officer has been duly appointed to have charge of the police therein under the provisions of subsection (1) of section 7 of the Police Act, without the consent of that administrative officer.

 

126.  (1)           Any person who conspires with another to obstruct, prevent, pervert, or defeat the course of justice is guilty of a felony, and is liable to imprisonment for seven years.

 

                        The offender cannot be arrested without warrant.

 

(2)            Any person who attempts, in any way not specially defined in this code, to obstruct, prevent, pervert, or defeat, the course of justice is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

127.         Any person who asks, receives, or obtains, or agrees or attempts to receive or obtain any property or benefit of any kind for himself or any other person upon any agreement or understanding that he will compound or conceal a felony, or will abstain from, discontinue, or delay a prosecution for a felony, or will withhold any evidence thereof, is guilty of an offence.

 

                If the felony is such that a person convicted of it is liable to be sentenced to death or imprisonment for life, the offender is guilty of a felony, and is liable to imprisonment for seven years.

 

                In any other case the offender is liable to imprisonment for three years. The offender cannot be arrested without warrant.

 

128.         Any person who, having brought, or under pretence of bringing, an action against another person upon a penal Act, Law or Statute in order to obtain from him a penalty for any offence committed or alleged to have been committed by him, compounds the action without the order or consent of the court in which the action is brought or is to be brought, is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

129.         Any person who--

 

(1)            publicly offers a reward for the return of any property which has been stolen or lost, and in the offer makes use of any words purporting that no questions will he asked, or that the person producing such property will not be seized or molested; or

 

(2)            publicly offers to return to any person who may have bought or advanced money by way of loan upon any stolen or lost property the money so paid or advanced, or any other sum of money or reward for the return of such property; or

 

(3)            prints or publishes any such offer; is guilty of a simple offence, and is liable to a fine of one hundred naira.

 

130.         Any person who, having arrested another upon a charge of an offence, wilfully delays to take him before a court to be dealt with according to law is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

131.         Any person who, in the name of a fictitious plaintiff, or in the name of a real person but without his authority, brings an action against another person upon a penal Act, Law or Statute for the recovery of a penalty for any offence committed or alleged to have been committed by him is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

132.         Any person who, without authority, or knowing the advertisement to be false in any material particular inserts or causes to be inserted in the Federal Gazette, or a State Gazette, or in any newspaper, an advertisement purporting to be published under the authority of any court or tribunal is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

133.         Any person who-

 

(1)            within the premises in which any judicial proceeding is being had or taken, or within the precincts of the same, shows disrespect, in speech or manner, to or with reference to such proceeding, or any person before whom such proceeding is being had or taken; or

 

(2)            having been called upon to give evidence in a judicial proceeding, fails to attend or, having attended, refuses to be sworn or to make an affirmation, or, having been sworn or affirmed, refuses without lawful excuse to answer a question, or to produce a document, or prevaricates, or remains in the room in which such proceeding is being had or taken, after the witnesses have been ordered to leave such room; or

 

(3)            causes an obstruction or disturbance in the course of a judicial proceeding; or

 

(4)            while a judicial proceeding is pending, makes use of any speech or writing, misrepresenting such proceeding, or capable of prejudicing any person in favour of or against any party to such proceeding, or calculated to lower the authority of any person before whom such proceeding is being had or taken; or

 

(5)            publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private; or

 

(6)            attempts wrongfully to interfere with or influence a witness in a judicial proceeding, either before or after he has given evidence, in connection with such evidence; or

 

(7)            dismisses a servant because he has given evidence on behalf of a certain party to a judicial proceeding; or

 

(8)            retakes possession of land from any person who has recently obtained possession by a writ of court; or

 

(9)            commits any other act of intentional disrespect to any judicial proceeding, or to any person before whom such proceeding is being had or taken,

 

                is guilty of a simple offence, and liable to imprisonment for three months.

 

 

Chapter 15

Escapes; Rescues; Obstructing 0fficers of Courts

 

 

134.  (1)          Any person who by force rescues or attempts to rescue from Rescue. lawful custody any other person-

 

(a)            is, if such last-named person is under sentence of death or penal servitude or imprisonment for life, or charged with an offence punishable with death, or penal servitude or imprisonment for life, guilty of a felony, and is liable to imprisonment for life; and

 

(b)            is, in any other case, guilty of a felony, and is liable to imprisonment for seven years.

 

(2)            If the person rescued is in the custody of a private person, the offender must have notice of the fact that the person rescued is in such custody.

 

135.         Any person who, being in lawful custody, escapes from such Custody-

 

(a)            is, if he is charged with, or has been convicted of, felony or misdemeanour, guilty of a felony, and is liable to imprisonment for seven years, with or without whipping; and

 

(b)            is, in any other case, guilty of a misdemeanour, and is liable to imprisonment for two years.

 

136.         Any person who- Aiding prisoners to escape.

 

(1)            aids a prisoner in escaping or attempting to escape from lawful custody; or

 

(2)            conveys anything or causes anything to be conveyed into a prison with intent to facilitate the escape of a prisoner;

 

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

 

137.         Any person who, being an officer of a prison, or a member of a police force, wilfully permits any other person within his lawful custody to escape-

 

(a)            is, if such last-named person is charged with an offence punishable by death, or penal servitude or imprisonment for life, guilty of a felony, and is liable to imprisonment for seven years; and

 

(b)            is, in any other case, guilty of a felony, and is liable to imprisonment for three years.

 

138.         Any person who, being an officer of a prison, or a member of a police force, negligently permits a person within his lawful custody to escape, is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

139.         If any prison officer or person in charge of any convicted prisoner knowingly permits or suffers such prisoner to receive any tobacco, food, money, or other article, or to enter any house, yard, or premises, not being the place appointed for the labour of such prisoner, he is guilty of a misdemeanour, and is liable to imprisonment for six months, and to a fine of one hundred naira.

 

140 to 142 - Repealed by 1972 No. 9.

 

143.         Any person who-

 

(1)            rescues any person during his conveyance as an insane person to a hospital, lunatic asylum, or a reception house for the insane, or to a house licensed under the laws relating to insane persons for the reception of patients, or to a prison, or rescues any person during his confinement as an insane person in any such place; or

 

(2)            being in charge of a person during his conveyance as an insane person to any such place, wilfully permits him to escape from custody; or

 

(3)            being a superintendent of, or person employed in, any such place, wilfully permits a person confined therein as an insane person to escape therefrom; or

 

(4)            conceals any such person as aforesaid, who has, to his knowledge, been rescued during such conveyance or confinement, or has, to his knowledge, escaped during such conveyance, or from such confinement;

 

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

 

144.         Any person who, when any property has been attached or taken under the process or authority of any court, knowingly, and with intent to hinder or defeat the attachment or process, receives, removes, retains, conceals, or disposes of such property, is guilty of a felony, and is liable to imprisonment for three years.

 

145.         Any person who wilfully obstructs or resists any person lawfully charged with the execution of an order or warrant of any court, is guilty of a misdemeanour, and is liable to imprisonment for one year, or to a fine of two hundred naira.

 

 

Chapter 16

Offences relating to the Currency

 

 

146.         In this chapter unless the context otherwise requires-

 

                 counterfeit" applied to coin, means coin not genuine but resembling or apparently intended to resemble or pass for genuine coin, and includes genuine coin which has been prepared or altered so as to resemble or be apparently intended to resemble or pass for coin of a higher denomination, or, where the coin is that of a foreign Sovereign or State, current coin, and also genuine coin which has been clipped or filed, or the size or weight of which has been otherwise diminished, and which has been prepared or altered so as to conceal such clipping, filing, or diminution: it includes any such coin whether it is or is not in a fit state to be uttered, and whether the process of preparation or alteration is or is not complete;

 

                "current" applied to coins, means any coin of the coins or denominations of coined for and lawfully current in Nigeria, and includes any other coin lawfully current in any other country;

 

                "gild" and "silver" applied to coin, include producing the appearance of gold or silver respectively by any means whatever;

 

                "metal" includes any mixture or alloy of metals;

 

                "nickel coin" includes any coin made of metal of a less value than the silver or alloy of silver used in the silver coin of the country in question, save that it does not include any of the coins of mixed metal current in Nigeria by virtue of any Act or the provisions of the Coins Act;

 

                "silver coin" (except where it is used in the definition of "nickel coin) includes any of the coins of mixed metal current in Nigeria by virtue of any Act or the provisions of the Coins Act; and

 

                "utter" includes using, dealing with, or acting upon, and attempting to use, deal with, or act upon, and attempting to induce any person to use, deal with, or act upon the thing in question as if it were genuine.

 

147.  (1)          Any person who makes or begins to make any counterfeit current gold or silver coin is guilty of a felony and is liable to imprisonment for life.

 

  (2)          Where a person has ten or more unfinished counterfeit coins in his possession the court may presume that he has made them or has been a participant in the act of making them unless he proves the contrary.

 

148.         Any person who-

 

(1)            gilds or silvers any piece of metal of a fit size or figure to be coined, with intent that it shall be coined into counterfeit gold or silver coin; or

 

(2)            makes any piece of metal into a fit size or figure to facilitate the coining from it of any counterfeit gold or silver coin, with intent that such counterfeit coin shall be made from it; or

 

(3)            without lawful authority or excuse, the proof of which lies on him,

 

(a)            buys, sells, receives, pays, or disposes of, any counterfeit gold or silver coin at a lower rate than it imports or is apparently intended to import, or offers to do any such thing; or

 

(b)            makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of, any stamp or mould which is adapted to make the resemblance of both or either of the sides of any gold or silver coin, or any part of either side thereof, knowing the same to be such a stamp or mould or to be so adapted; or

 

(c)            makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of, any tool, instrument, or machine, which is adapted and intended to be used for marking coin round the edges with marks or figures apparently resembling those on the edges of any gold or silver coin, knowing the same to be so adapted and intended; or

 

(d)            makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of, any press for coinage, or any tool, instrument, or machine, which is adapted for cutting round blanks out of gold, silver, or other metal, knowing such press, tool, instrument, or machine, to have been used or to be intended to be used for making any counterfeit gold or silver coin; or

 

(e)            knowingly conveys out of any mint within the Commonwealth any stamp, mould, tool, instrument, machine, or press, used or employed in coining, or any useful part of any of such thing, or any coin, bullion, or metal;

 

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

 

148A.  (1)       Any person who without lawful authority or excuse, the proof whereof lies on him either orally or in writing makes any inquiry of any other person Whether such last mentioned person be in Nigeria or at any place not in Nigeria-

 

(a)            as to obtaining or supplying or as to the cost of obtaining or supplying any machine, stamp, tool, instrument, metal or material which is adapted or is intended to be used-

 

(i)             to make the resemblance of both or either sides of any current coin or any part of either side thereof; or

 

(ii)            to mark any coin or disc resembling coin or intended to resemble coin round the edges with marks, figures or letters apparently resembling those on the edges of any current coin; or

 

(iii)           to cut round blanks out of metal or other substance; knowing such machine, stamp, tool, instrument, metal or material to have been adapted or intended to be used for making any counterfeit coin or for performing any process in the manufacture of counterfeit coin; or

 

(b)            as to making, obtaining or supplying or as to the cost of making, obtaining or supplying any counterfeit coin;

 

                 shall be guilty of an offence and shall be 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.

 

149.         Any person who deals with any current gold or silver coin in such a manner as to diminish its weight with intent that when so dealt with it may pass as current gold or silver coin, is guilty of a felony and is liable to imprisonment for life.

 

150.         Any person who unlawfully has in his possession or disposes of any filings, or clippings of gold or silver, or any gold or silver in bullion, dust, solution, or any other state, obtained by dealing with current gold or silver coin in such a manner as to diminish its weight, knowing the same to have been so obtained, is guilty of a felony, and is liable to imprisonment for seven years.

 

151.         Any person who utters any counterfeit current gold or silver coin, knowing it to be counterfeit, is guilty of a misdemeanour and is liable to imprisonment for two years.

 

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

 

152.  (1)            Any person who-

 

(a)            utters any counterfeit gold or silver coin, knowing it to be counterfeit, and at the time of such uttering has in his possession any other counterfeit gold or silver coin; or

 

(b)            utters any counterfeit gold or silver coin, knowing it to be counterfeit, and either on the same day or on any of the ten days next ensuing, utters any other counterfeit current gold or silver coin, knowing it to be counterfeit; or

 

(c)            has in his possession three or more pieces of counterfeit current gold or silver coin, knowing them to be counterfeit, and with intent to utter any of them;

 

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

 

(2)           Where a person has ten more counterfeit coins in his possession the court may presume an intent to utter unless he proves the contrary.

 

153.         Any person who commits any of the offences defined in the two last preceding sections, after having been previously convicted of an of those offences committed with respect to current coin, or of any felony committed with respect to current coin, is guilty of a felony, and is liable to imprisonment for life.

 

154.         Any person who-

 

(1)            makes, or begins to make, any counterfeit current nickel coin; or

 

(2)            without lawful authority or excuse, the proof of which lies on him, knowingly makes or mends, or begins, or prepares to make or mend, or has in his possession, or disposes of, any tool, instrument, or machine, which is adapted and intended for making any counterfeit current nickel coin; or

 

(3)            buys, sells, receives, pays, or disposes of, any counterfeit current nickel coin at a lower rate of value than it imports, or was apparently intended to import, or offers to do any such act; is guilty of a felony, and is liable to imprisonment for seven years.

 

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

 

155.  (1)          Any person who-

 

(a)            utters any counterfeit current nickel coin, knowing it to be counterfeit; or

 

(b)            has in his possession three or more pieces of counterfeit current nickel coin, knowing them to be counterfeit, and with intent to utter any of them; is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

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

 

(2)            Where a person has ten or more counterfeit coins in his possession the court may presume an intent to utter unless he proves the contrary.

 

156.         Any person who defaces any current coin by stamping thereon any name or word whether the weight of the coin is or is not thereby diminished, is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

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

 

157.         Any person who, with intent to defraud, utters as and for current gold or silver coin-

 

(a)            any coin which is not current coin; or defraud.

 

(b)            any medal or piece of metal, whether a coin or not which is of less value than the current coin as and for which it is uttered; is guilty of a misdemeanour, and is liable to imprisonment for one year. A person found committing the offence may be arrested without warrant.

 

158.         Any person who, without lawful authority or excuse, the proof of which lies on him, exports or puts on board of a vessel or vehicle of any kind for the purpose of being exported from Nigeria, any counterfeit current coin whatever, knowing it to be counterfeit, is guilty of a felony, and is liable to imprisonment for fourteen years.

 

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

 

159.         Any person who without lawful authority or excuse, the proof Of which lies on him imports or receives into Nigeria any counterfeit coin whatever, knowing it to be counterfeit, is guilty of a felony, and is liable to imprisonment for fourteen years.

 

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

 

160.         Any person who utters any current coin which is defaced by the stamping of any name or word thereon is guilty of an offence, and is liable to a fine of four naira.

 

                A prosecution for any such offence cannot be commenced without the consent of a law officer.

 

                A tender of payment in money made in any coin so defaced is not a legal tender.

 

160A.      Any person other than the Central Bank of Nigeria who makes or issues within Nigeria promissory notes payable to bearer on demand or circulates within Nigeria any promissory note payable to bearer on demand is guilty of a misdemeanour and liable on conviction to a fine equal to double the value of any promissory note unlawfully made, issued or circulated or to imprisonment for a term of twelve months, or to both.

 

160B.      Any person who, without the written permission of the Minister of the Federation charged with responsibility for matters relating to finance, makes or sells, or exposes or offers for sale, or uses for the purpose of advertising any material or document on or in which is portrayed a note or coin in any way resembling a currency note, bank note or coin current in Nigeria is guilty of a misdemeanour and is liable to imprisonment for one year, or to a fine of two hundred naira.

 

 

Chapter 17

Offences relating to Posts and Telecommunications

 

 

161.         Any person who stops a mail with intent to search or rob postal matter is guilty of a felony, and is liable to imprisonment for life.

 

162.         Any person who unlawfully secretes or destroys any postal matter or telegram or any part of any such thing, is guilty of a felony, and is liable to imprisonment for seven years, and if any such postal matter so secreted or destroyed shall contain any money or chattel whatsoever, or any valuable security, such person is liable to imprisonment for life.

 

163.         Any person who, being employed by or under the Nigerian Postal Services Department, does with respect to any postal matter or telegram any act which he is not authorised to do by virtue of his employment, or knowingly permits any other person to do any such act with respect to any such thing, is guilty of a felony, and is liable to imprisonment for three years.

 

164.         Any person who, being charged, by virtue of his employment, or by virtue of any contract, with the delivery of any postal matter or telegram, wilfully delivers it to a person other than the person to whom it is addressed, or his authorised agent in that behalf, is guilty of a felony, and is liable to imprisonment for three years.

 

165.         Any person who by means of any false pretence induces any person employed by or under the Nigerian Postal Services Department or any telegraph official to deliver to him any postal matter or telegram which is not addressed to him, is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

166.         Any person who wilfully secretes or detains any postal matter or telegram which is found by him, or which is wrongly delivered to him, and which, in either case, ought to his knowledge, to have been delivered to another person, is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

167.         Any person who, being employed by or under the Nigerian Postal Services Department, and being charged by virtue of his employment with any duty in connection with the issue of money orders or postal orders unlawfully, and with intent to defraud, issues a money order or postal order, is guilty of a felony, and is liable to imprisonment for seven years.

 

168.         Any person who, being employed by or under the Nigerian Postal Services Department, and being charged by virtue of his employment with any duty in connection with money orders, sends to any other person, with intent to defraud, any false or misleading letter, telegram, or message concerning a money order, or concerning any money payable under a money order, is guilty of a felony, and is liable to imprisonment for three years.

 

                The offender cannot be arrested without warrant.

 

169.         Any person who, being empowered under the provisions of any enactment or authorised by the Minister charged with responsibility for postal matter to frank postal matter, superscribes any postal matter-

 

(a)            which does not relate to the business of his office or department; or

 

(b)            into which there has been inserted any letter or other thing which does not relate to such business, with intent to avoid payment of the postage on such postal matter or other letter or thing inserted as aforesaid into such postal matter, is guilty of an offence, and is liable to a fine of two hundred naira.

 

170.         Any person who knowingly sends, or attempts to send, by post anything which-

 

(a)            encloses anything, whether living or inanimate, of such a nature as to be likely to injure any other thing in the course of conveyance, or to injure any person; or

 

(b)            encloses an indecent or obscene print, painting, photograph, lithograph, engraving, book, card, or article, or which has on it, or in it, or on its cover, any indecent, obscene, or grossly offensive words, marks, or designs;

 

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

 

171.         Any person who, being required by law or by virtue of his employment to do any act with respect to the receipt, despatch, or delivery, of any postal matter or telegram-

 

(a)            neglects or refuses to do such act; or,

 

(b)            wilfully detains or delays, or permits the detention or delay of any such thing; or

 

(c)            opens, or procures or suffers to be opened, any postal matter; is guilty of a misdemeanour, and is liable to a fine of two hundred naira or to imprisonment for one year: Provided always that nothing herein contained shall extend to the opening or detaining of any postal matter or telegram returned by reason that the person to whom the same shall be directed is dead, or cannot be found, or shall have refused the same, or shall have refused or neglected to pay the postage thereof or any charges payable in respect thereof, nor to the opening or detaining or delaying of any postal matter or telegram under the authority of any Act or in obedience to an express warrant in writing under the hand of the Minister charged with responsibility for postal matter.

 

172.         Any person who wilfully obstructs or delays the conveyance or delivery of postal matter is guilty of a simple offence, and is liable to a fine of one hundred naira.

 

173.  (1)          Any person who- being employed by or under the Nigerian Postal Services Department to convey or deliver postal matter whilst so employed-

 

(a)            allows any postal matter bag or postal matter out of his possession; or

 

(b)            suffers any unauthorised person to interfere with any such postal matter bag or postal matter; or

 

(c)            is guilty of any neglect whereby any such postal matter bag or postal matter is endangered; or

 

(d)            loiters on the road; or

 

(e)            wilfully misspends or loses time; or

 

(f)            is under the influence of intoxicating liquor; or

 

(g)            does not convey postal matter at the speed fixed by the Postmaster-General for the conveyance thereof, unless prevented by some cause beyond his control, the proof whereof lies on the person charged,

 

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

 

(2)            Any person, who being employed by or under the Nigerian Postal Services Department, negligently loses any postal matter or telegram or negligently detains or delays, or permits the detention or delay of, any postal matter or telegram, is guilty of a simple offence, and is liable to a fine of twenty naira.

 

174.         Any person who, with intent to defraud-

 

(1)            removes from any postal matter or telegram any stamp affixed thereon; or

 

(2)            removes from any stamp previously used any mark made thereon at a post or telegraph office; or

 

(3)            knowingly uses a postage stamp which has been obliterated or defaced by a mark made thereon at a post or telegraph office;

 

(4)            knowingly tampers with a postage stamp by smearing or coating the surface with mucilage or any other substance so that it may be used again at a post or telegraph office;

 

                is guilty of a misdemeanour, and is liable to imprisonment for one year, or to a fine of one hundred naira.

 

                On the trial of a person charged with the offence of knowingly using a postage stamp which has been obliterated or defaced by a mark made thereon at a post office, proof that the person charged is the writer of the address of anything sent by post on which the stamp is affixed is sufficient evidence that he is the person who used the stamp, until the contrary is shown.

 

175.         Any person who-

 

(1)            knowingly and fraudently puts into a post office anything in or upon which, or in or upon the cover of which there is any letter, newspaper, or other thing, or any writing or mark, not allowed by law to he there placed; or

 

(2)            wilfully subscribes on the outside of anything sent by post a false statement of its contents; or

 

(3)            knowingly and fraudently puts into a post office anything which falsely purports to he a thing failing within any exemption or privilege declared by the laws relating to postal matter;

 

                is guilty of a simple offence, and is liable to a fine of one hundred naira.

 

176.         Any person who, not being authorised by the Postmaster-General,

 

(1)            sends or conveys a letter otherwise than by post; or

 

(2)            takes charge of a letter for conveyance;

 

                is guilty of a simple offence, and is liable to a fine of one hundred naira.

 

                This section does not extend to a letter sent or conveyed to a place in Nigeria with which postal communication has not been established, nor to a letter exceeding the weight prescribed by law for letters sent by post, nor to a letter sent by a private friend without hire or reward, on his way, journey, or travel, so as such letter be delivered to the party to whom it is directed, nor to a letter to be sent out of Nigeria by a vessel not being a packet boat, nor to a letter concerning goods sent and to be delivered with it, without any hire or reward being paid or received in respect thereof, or containing process of, or proceedings or pleadings in, a court of justice, or briefs or cases of instructions for counsel and their opinions thereon, or containing a deed, affidavit, or power of attorney, nor to a letter sent by special messenger and concerning the private affair of the sender, nor to a letter sent or carried to or from the nearest post office:

 

                Provided always that nothing herein before set forth shall authorized any of the person hereafter , named to carried a letter, or to receive or collect or deliver a letter, although they shall not receive hire or reward for the same:

 

(a)            common carriers, except a letter concerning goods which they are conveying;

 

(b)            officers of the Nigerian Postal Services Department;

 

(c)            owners, masters, or commanders of vessels being passage or packet boats, sailing and passing between places in Nigeria with which postal communication has been established, except in respect of letters concerning goods on board, or letters belonging to the owners of such vessels;

 

(d)            passengers, members of the crew, or other persons on board any such vessels as is mentioned in paragraph (c);

 

(e)            owners of, members of the crew, or others on board a vessel passing or repassing on a river within Nigeria, except with respect to places in Nigeria with which postal communication has not been established.

 

177.         Any person who-

 

(1)            without lawful authority or excuse, the proof of which lies on him-

 

(a)            makes any envelope, wrapper, card, form, or paper, in imitation of one issued by or under the authority of the Postmaster-General or of the postal authority of any other country, or having thereon any word, letter, or mark, which signifies or implies, or may reasonably induce a person receiving it to believe, that a letter, newspaper, packet, or parcel, bearing such word, letter, or mark, is sent on State service, or on the public service of another country; or

 

(b)            makes on any envelope, wrapper, card, form, or paper, in order to its being issued or sent by post or otherwise, any stamp or mark in imitation of a stamp or mark of any post office under the control of the Postmaster-General or of the postal authority of any other country, or any other stamp or mark, or any word or letter, which signifies or implies, or may reasonably induce a person receiving it to believe, that a letter, newspaper, packet, or parcel, bearing such stamp, mark, word, or letter, is sent on State service, or on the public service of another country; or

 

(c)            issues or sends by post or otherwise, any envelope, wrapper, card, form, or paper, so marked; or

 

(2)            without the authority of the Postmaster-General, the proof of which lies on the person charged, places or maintains, or permits to be placed or maintained, or to remain in, on, or near, any place under his control-

 

(i)             the words "post office"; or

 

(ii)            the words "letter box", accompanied with words, letters or marks which signify or imply, or may reasonably lead the public to believe, that it is a receptacle provided by the authority of the Postmaster-General for the  reception of postal matter; or

 

(iii)           any words, letters or marks which signify or imply, or may reasonably lead the public to believe, that any place is a post office, or that any such receptacle is provided by the authority of the Postmaster-General as aforesaid; or

 

(3)            without the authority of the postmaster-General, the proof of which lies on the person charged, places, or permits to be placed or to remain, on any vehicle or vessel under his control the words "royal mail", or any word, letter or mark, which signifies or implies, or may reasonably induce any person to believe, that the vehicle or vessel is used for the conveyance of mails; or

 

(4)            without the licence of the Minister charged with responsibility for postal matters, the proof of which lies on the person charged,

 

(d)            sells, or offers or exposes for sale, any postage stamp; or

 

(e)            places, permits to be placed or to remain, on or near to his house or premises the words "licensed to sell stamps", or any word, letter or mark, which signifies or implies, or may reasonably induce any person to believe, that he is duly licensed to sell postage stamps;

 

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

 

178.         Any person who wilfully destroys or damages any receptacle provided by authority of the Postmaster-General for the receipt of postal matter, or any card or notice relating to the postal or telegraph service set up by authority of the Postmaster-General, or obliterates any letter or figure on any such thing, is guilty of a simple offence, and is liable to a fine of one hundred naira.

 

179.         Any person who places in or against any receptacle provided by authority of the Postmaster-General for the reception of postal matter or telegrams, any fire or match, or any explosive, dangerous, noxious, or deleterious substance, or any fluid or filth, is guilty of a simple offence, and is liable to a fine of forty naira.

 

180.         Any person who without the licence of the Postmaster-General affixes, or attempts to affix, any placard, advertisement, notice, list, document, board, or paint, tar, or other thing to any post office or telegraph office is guilty of a simple offence, and is liable to a fine of ten naira.

 

181.         Any person who, by stopping or loitering opposite to or on the premises of a post office or telegraph office, obstructs the business of the office or any other person lawfully going to the office, is guilty of a simple offence, and is liable to a fine of ten naira.

 

182.         Any person who-

 

(1)            wilfully obstructs a person employed by or under the Nigerian Postal Services Department or any telegraph official in the execution of the duties of his employment;

 

(2)            being in a post office or telegraph office, or within any premises appertaining to -a post office or telegraph office, or used therewith, wilfully obstructs the business of the office; or

 

(3)            without the permission of a competent authority enters any part of a telegraph office to which the public are not admitted;

 

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

 

                Any person employed by or under the Nigerian Postal Services Department or any telegraph official may require any person committing any of the offences defined in this section to leave the post office, or telegraph office, or premises.

 

                Any person who refuses or fails to comply with such request is guilty of a simple offence, and is liable to a further fine of ten naira, and may be removed by any person authorised to make the request; and all members of the police forces are required, on demand, to remove or assist in removing such person.

 

183.         Any person who-

 

(a)            not being authorised by or under any Act so to do, establishes or maintains any telegraph; or

 

(b)            knowing or having reason to believe that a telegraph has been established or is maintained without such authority as aforesaid, transmits or receives any message by such telegraph or performs any service incidental thereto, or delivery of any message for transmission by such telegraph or accepts delivery of any message sent thereby, is guilty of a simple offence and is liable on a first conviction to a fine of twenty naira, and on every subsequent conviction to a fine of one hundred naira.

 

184 and 185 - Deleted by No 30 of 1975.

 

186.         Any person who negligently destroys or damages any telegraph works is guilty of a simple offence, and is liable to a fine of four naira.

 

187.         Any telegraph official who, contrary to his duty, publishes or communicates the contents or substance of a telegram, or any information relating to the despatch or receipt of any telegram, except to some person to whom he is authorised to deliver the telegram, is guilty of a felony, and is liable to imprisonment for three years.

 

188.         Any person who resists a person employed by or under the Nigerian Postal Services Department while engaged in the execution of his duty under the laws relating to posts and telegraphs, is guilty of a simple offence, and is liable to imprisonment for three months, or to a fine of forty naira.

 

189.   (1)         In case of any offence under this code in respect of any postal matter bag or postal matter, or of any chattel, money, or valuable security sent by post, it shall he sufficient in any proceedings to lay the ownership in the Postmaster-General.

 

 (2)           In case of any offence under this code in respect of any telegram, telegraph line or telegraph works, established under the provisions of the Wireless Telegraphs Act, or the Telegraphs Proclamation, or in respect of any form, paper, book, or other thing used for the purpose of carrying out the provisions of such Act or Proclamation, it shall be sufficient in any proceedings to lay the ownership in the Postmaster-General.

 

 (3)           In any such proceedings as aforesaid, it shall not be necessary to prove ownership, or to allege or prove any value.

 

 

Chapter 18

Miscellaneous Offences Against Public Authority

 

 

190.         Any person who subscribes a certificate or declaration as to the execution of a sentence of death, which, in any material particular, is to his knowledge false, is guilty of a felony, and is liable to imprisonment fourteen years.

 

190A.      Any person who for the purpose of procuring a passport, whether for himself or any other individual, makes or causes to he made in any written application to a public officer a statement which to the knowledge of such person is false in any material particular is guilty of an offence, and is liable to imprisonment for one year.

 

191.         Any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath, or under some sanction which may by law be substituted for an oath, of is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in any material particular, is to his knowledge false, and verifies it on oath, or under such other sanction or by solemn declaration or affirmation, is guilty of a felony, and is liable to imprisonment for seven years.

 

                The offender cannot be arrested without warrant.

 

192.         Any person who, on any occasion on which he is permitted or required by law to make a statement or declaration before any person authorised by law to permit it to be made before him, makes a statement or declaration before that person which, in any material particular, is to his knowledge false, is guilty of a felony, and is liable to imprisonment for three years.

 

                 The offender cannot be arrested without warrant.

 

193.         A person cannot be convicted of any of the offences defined in the two last preceding sections upon the uncorroborated testimony of one witness.

 

194.         Any person who-

 

(1)            shoots at a vessel of any kind which is in use by a customs officer while engaged in the execution of his duty as such officer; or

 

(2)            shoots at, wounds, or causes any grievous harm to a customs officer while engaged in the execution of his duty in the prevention of smuggling, or any person acting in aid of a customs officer while so engaged;

 

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

 

195.         Any person who with violence assaults, obstructs, or resists a customs officer, or any person duly employed for the prevention of smuggling, while engaged in the execution of his duty in the prevention of smuggling, or any person acting in aid of any such officer or person while so engaged, is guilty of a felony, and is liable to imprisonment for three years.

 

196.         Any person who-

 

(1)            assaults or obstructs a customs officer, or any person duly employed for the prevention of smuggling, while engaged in the execution of his duty under any law relating to the customs, or in the seizure of any goods claimed to be liable to forfeiture under any such law, or any person acting in aid of any such officer or person while so engaged; or

 

(2)             rescues or attempts to rescue any goods which have been seized under any such law; or

 

(3)            before, at, or after, the seizure of any goods under any such law, staves, breaks, or destroys the goods, with intent to prevent the seizure or the securing of the goods, or attempts to do any such act; is guilty of a simple offence, and is liable to a fine of two hundred naira.

 

197.         Any person who in any manner obstructs or resists any public officer while engaged in the discharge or attempted discharge of the duties of his office under any Order, Act, Law, or Statute, or obstructs Or resists any person while engaged in the discharge or attempted discharge of any duty imposed on him by an Order, Act, Law, or Statute, is guilty of a misdemeanour and is liable to imprisonment for two years.

 

198.         Any person who, being a person employed in the public service, and being required by any Order, Act, Law, or Statute, to do any act by virtue of his employment, perversely and without lawful excuse Omits Or refuses to do any such act is guilty of a misdemeanour, and is liable to imprisonment for two years. A prosecution for any offence under this section shall not be instituted except by or with the consent of a law officer.

 

199.         Any person who, being a peace officer, and having notice that there is a riot in his neighbourhood, without reasonable excuse omits to do his duty in suppressing such riot, is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

200.         Any person who, having reasonable notice that he is required to assist any peace officer in suppressing a riot, without reasonable excuse omits to do so, is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

201.         Any person who, having reasonable notice that he is required to assist any peace officer or member of the police force in arresting any person, or in preserving the peace, without reasonable excuse omits to do so, is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

202.         Any person who, without lawful excuse, the proof of which lies on him, does any act which he is, by the provisions of any Act, Law, or Statute, forbidden to do, or omits to do any act, which he is, by the provisions of any such Order, Act, Law or Statute, required to do, is guilty of a misdemeanour, unless some mode of proceeding against him for such disobedience is expressly provided by Order, Act, Law, or Statute, and is intended to be exclusive of all other punishment

 

                The offender is liable to imprisonment for one year.

 

                In this section, the terms "Act" and "Law" do not include an order, regulation or proclamation made under the authority of an Act or a Law.

 

203.         Any person who, without lawful excuse, the proof of which lies on him, disobeys any lawful order issued by any person authorised by any Order, Act, Law, or Statute, to make the order, is guilty of a misdemeanour, unless some mode of proceeding against him for such disobedience is expressly provided by Order, Act, Law, or Statute, and is intended to be exclusive of all other punishment.

 

                 The offender is liable to imprisonment for one year.

 

 

Part 4

Acts Injurious to the Public in General

 

 

Chapter 19

Offences relating to Religious Worship

 

 

204.         Any person who does an act which any class of persons consider as a public insult on their religion, with the intention that they should consider the act such an insult, and any person who does an unlawful act with the knowledge that any class of persons will consider it such an insult, is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

204.         Any person who-

 

(1)            by threats or force prevents or attempts to prevent any minister of religion from lawfully officiating in any place of religious worship, or from performing his duty in the lawful burial of the dead in any cemetery or other burial place; or

 

(2)            by threats or force obstructs or attempts to obstruct any minister of religion while so officiating or performing his duty; or

 

(3)            assaults, or, upon or under the pretence of executing any civil process, arrests any minister of religion who is engaged in, or is, to the knowledge of the offender about to engage in, any of the offices or duties aforesaid, or who is, to the knowledge of the offender, going to perform the same or returning from the performance thereof;

 

                is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

206.         Any person who wilfully and without lawful justification or excuse, the proof of which lies on him, disquiets, or disturbs any meeting of persons lawfully assembled for religious worship, or assaults any person lawfully officiating at any such meeting, or any of the persons there assembled is guilty of a simple offence, and is liable to imprisonment for two months, or to a fine of ten naira.

 

 

Chapter 20

Ordeal, Witchcraft, Juju and Criminal Charms

 

 

207.   (1)         The trial by the ordeal of sasswood, esere-bean, or other poison, boiling oil, fire, immersion in water or exposure to the attacks of crocodiles or other wild animals, or by any ordeal which is likely to result in the death of or bodily injury to any party to the proceeding is unlawful.

 

  (2)         The State Commissioner may by order prohibit the worship or invocation of any juju which may appear to him to involve, or tend towards the commission of any crime or breach of peace, or to the spread of any infectious or contagious disease.

 

208.         Any person who directs or controls or presides at any trial by ordeal which is unlawful is guilty of a felony, and is liable, when the trial which such person directs, controls or presides at results in the death of any party to the proceeding, to the punishment of death, and in every other case to imprisonment for ten years.

 

209.         Any person who-

 

(a)            is present at or takes part in any trial by ordeal which is unlawful; or

 

(b)            makes, sells or assists or takes part in making or selling, or has in his possession for sale or use any poison or thing which is intended to be used for the purpose of any trial by ordeal which is unlawful;

 

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

 

210.         Any person who-

 

(a)            by his statements or actions represents himself to be a witch or to have the power of witchcraft; or

 

(b)            accuses or threatens to accuse any person with being a witch or with having the power of witchcraft; or

 

(c)            makes or sells or uses, or assists or takes part in making or selling or using, or has in his possession or represents himself to be in possession of any juju, drug or charm which is intended to be used or reported to possess the power to prevent or delay any person from doing an act which such person has a legal right to do, or to compel any person to do an act which such person has a legal right to refrain from doing, or which is alleged or reported to possess the power of causing any natural phenomenon or any disease or epidemic; or

 

(d)            directs or controls or presides at or is present at or takes part in the worship or invocation of any juju which is prohibited by an order of the State Commissioner; or

 

(e)            is in possession of or has control over any human remains which are used or are intended to be used in connection with the worship of invocation of any juju; or

 

(f)            makes or uses or assists in making or using, or has in his possession anything whatsoever the making, use or possession of which has been prohibited by an order as being or believed to be associated with human sacrifice or other unlawful practice;

 

                is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

211.         Any chief who directly or indirectly permits, promotes, encourages or facilitates any trial by ordeal which is-'unlawful, or the worship or invocation of any juju which has been prohibited by an order, or who, knowing of such trial, worship or invocation, or intended trial, worship or invocation, does not forthwith report the same to an administrative officer is guilty of a felony, and is liable to imprisonment for three years.

                

                The offender cannot be arrested without warrant.

 

212.          Any house, grove or place in which it has been customary to hold any trial by ordeal which is unlawful, or the worship or invocation of any juju which is prohibited by an order, may, together with all articles found therein, be destroyed or erased upon the order of any court by such persons as the court may direct.

 

213.         Any person who-

 

(a)            makes, sells or keeps for sale or for hire or reward, any fetich or charm which is pretended or reputed to possess power to protect burglars, robbers, thieves or other malefactors, or to aid or assist in any way in the perpetration of any burglary, housebreaking, robbery or theft, or in the perpetration of any offence whatsoever, or to prevent, hinder or delay the detection of or conviction for any offence whatsoever; or

 

(b)            is found having in his possession without lawful and reasonable excuse (the proof of which excuse shall lie on such person) any such fetish or charm as aforesaid,

 

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

 

 

Chapter 21

Offences against Morality

 

 

214.         Any person who-

 

(1)           has carnal knowledge of any person against the order of nature; or

 

(2)           has carnal knowledge of an animal; or

 

(3)           permits a male person to have carnal knowledge of him or her against the order of nature;

 

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

 

 

215.         Any person who attempts to commit any of the offences defined in the last preceding section is guilty of a felony, and is liable to imprisonment for seven years.

 

                The offender cannot be arrested without warrant.

 

216.         Any person who unlawfully and indecently deals with a boy under the age of fourteen years is guilty of a felony, and is liable to imprisonment for seven years.

 

                The term "deal with" includes doing any act which, if done without consent, would constitute an assault as hereinafter defined.

 

217.         Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony, and is liable to imprisonment for three years.

 

                The offender cannot be arrested without warrant.

 

218.         Any person who has unlawful carnal knowledge of a girl under the age of thirteen years is guilty of a felony, and is liable to imprisonment for life, with or without caning.

 

                Any person who attempts to have unlawful carnal knowledge of a girl under the age of thirteen years -is guilty of a felony, and is liable to imprisonment for fourteen years, with or without caning.

 

                A prosecution for either of the offences defined in this section shall be begun within two months after the offence is committed.

 

                A person cannot he convicted of either of the offences defined in this section upon the uncorroborated testimony of one witness.

 

219.         Any person who, being the owner or occupier of any premises, or having, or acting, or assisting in the management or control of any premises, induces or knowingly permits any girl of such age as is in this section mentioned to resort to or be in or upon such premises for the purpose of being unlawfully carnally known by any man, whether a particular man or not, is guilty of an offence.

 

                 If the girl is of or above thirteen and under sixteen years of age, he is guilty of a misdemeanour and is liable to imprisonment for two years, with or without caning.

 

                If the girl is under the age of thirteen years, he is guilty of felony, and is liable to imprisonment for life, with or without caning.

 

220.       *It is a defence to a charge of any of the offences defined in the last preceding section to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of sixteen years.

 

221.         Any person who-

 

(1)            has or attempts to have unlawful carnal knowledge of a girl being of or above thirteen years and under sixteen years of age; or

 

(2)             knowing a woman or girl to be an idiot or imbecile, has or attempts to have unlawful carnal knowledge of her;

 

                  is guilty of a misdemeanour, and is liable to imprisonment for two years, with or without caning.

 

                *It is a defence to a charge of either of the offences firstly defined in this section to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of sixteen years.

 

                 A prosecution for any of the offences defined in this section shall be begun within two months after the offence is committed.

 

                 A person cannot be convicted of any of the offences defined in this section upon the uncorroborated testimony of one witness.

 

222.         Any person who unlawfully and indecently deals with a girl under the age of sixteen years is guilty of a misdemeanour, and is liable to imprisonment for two years, with or without caning.

 

                If the girl is under the age of thirteen years, he is guilty of a felony and is liable to imprisonment for three years, with or without caning.

 

                *It is a defence to a charge of the offence defined in this section to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of sixteen years.

 

                The term "deal with" includes doing any act which, if done without consent, would constitute an assault, as hereinafter defined.

 

222A.  (1)       Whoever, having the custody, charge or care of a girl under the age of sixteen years, causes or encourages the seduction, unlawful carnal knowledge or prostitution of, or the commission of an indecent assault upon, such a girl, shall be liable to imprisonment for two years.

 

   (2)         For the purposes of this section, a person shall be deemed to have caused or encouraged the seduction, unlawful carnal knowledge or prostitution of, or the commission of an indecent assault upon, a girl who has been seduced, unlawfully carnally known, or indecently assaulted, or who has become a prostitute, if he has knowingly allowed her to consort with, or to enter or continue in the employment of, any prostitute or person of known immoral character.

 

222B.  (1)       Whoever, having the custody, charge or care of a child or young person who has attained the age of four years and is under the age of sixteen years, allows that child or young person to reside in or frequent a brothel, shall be liable. to a fine of one hundred naira or to imprisonment for six months or to both such fine and imprisonment.

 

(2)            If upon the trial of a person charged with an offence against section 219 the facts proved in evidence authorise a conviction for an offence against this section, the person charged may be convicted of the offence against this section although he was not charged with that offence.

 

222C.      Notwithstanding anything contained in sections 220, 221 and 222, it shall only be a defence to a charge of any of the offences defined in section 219, paragraph (1) of section 221 and section 222 to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of sixteen years if the accused person was under the age of twenty-one years at the time when the offence is alleged to have been committed and has not previously been charged with any of such offences.

 

223.         Any person who-

 

(1)            procures a girl or woman who is under the age of eighteen years to have unlawful carnal connection with any other person or persons, either in Nigeria or elsewhere; or

 

(2)            procures a woman or girl to become a common prostitute, either in Nigeria, or elsewhere; or -

 

(3)            procures a woman or girl to leave Nigeria with intent that she may become an inmate of a brothel elsewhere; or

 

(4)            procures a. woman or girl to leave her usual place of abode in Nigeria, with intent that she may, for the purposes of prostitution, become an inmate of a brothel, either in Nigeria or elsewhere;

 

                is guilty of a misdemeanour, and is liable to imprisonment for two years. A person cannot be convicted of any of the offences defined in this section upon the uncorroborated testimony of one witness.

 

                The offender may be arrested without warrant.

 

224.         Any person who-

 

(1)            by threats or intimidation of any kind procures a woman or girl, to have unlawful carnal connection with a man, either in Nigeria or elsewhere; or

 

(2)            by any false pretence procures a woman or girl to have unlawful carnal connection with a man, either in Nigeria or elsewhere; or

 

(3)            administers to a woman or girl, or causes a woman or girl to take, any drug or other thing with intent to stupefy or overpower her in order to enable any man, whether a particular man or not, to have unlawful carnal knowledge of her;

 

                is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

                A person cannot be convicted of any of the offences defined in this section upon the uncorroborated testimony of one witness.

 

225.         Any person who, with intent that an unmarried girl under the age of eighteen years may be unlawfully carnally known by any man, whether a particular man or not, takes her or causes her to be taken out of the custody or protection of her father or mother, or other person having the lawful care or charge of her, and against the will of such father or mother or other person, is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

                It is a defence to a charge of any of the offences defined in this section to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of eighteen years.

 

225A.   (1)          Every male person who-

 

(a)            knowingly lives wholly or in part on the earnings of prostitution; or

 

(b)            in any public place persistently solicits or importunes for immoral purposes, shall be liable to imprisonment for two years, and, in the case of a second or subsequent conviction, shall, in addition to any term of imprisonment awarded, be liable to caning.

 

   (2)        Any magistrate who is satisfied, by evidence upon oath, that there is reason to suspect that any premises or any part of any premises are or is used by a female for, Purposes of prostitution, and that any male person residing in or frequenting the premises is living wholly or in part on the earnings of the prostitute, may issue a warrant under his hand authorising any constable to enter and search the premises and to arrest that male person.

 

  (3)          Where a male person is proved to live with or to be habitually in the company of a prostitute or is proved to have exercised control, direction, or influence over the movements of a prostitute in such a manner as to show that he is aiding, abetting, or compelling her prostitution with any other person or generally, he shall, unless he can satisfy the court to the contrary, be deemed to be knowingly living on the earnings of prostitution.

 

 (4)           Every female who is proved to have, for the purposes of gain, 5xercised control, direction or influence over the movements of a prostitute in such a manner as to show that she is aiding, abetting or compelling her prostitution with any person or generally shall be liable to imprisonment for two years.

 

225B.         Whoever-

 

(a)            keeps or manages or assists in the management of a brothel; or

 

(b)            being the tenant, lessee, or occupier or person in charge of any premises, knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution; or

 

(c)            being the lessor or landlord of any premises, or the agent of such lessor or landlord, lets the same or any part thereof with the knowledge that such premises or some part thereof are of is to be used as a brothel, or is wilfully a party to the continued use of such premises or any part thereof as a brothel, shall be liable-

 

(i)             to a fine of one hundred naira or to imprisonment for six months, and

 

(ii)            on a second or subsequent conviction, to a fine of three hundred naira or to imprisonment for one year; or in either case, to both fine and imprisonment.

 

226.         Any person who-

 

(1)            detains a woman or girl against her will in or upon any premises in order to her being unlawfully carnally known by any man, whether a particular man or not; or

 

(2)            detains a woman or girl against her will in a brothel; is guilty of a misdemeanour, and is liable to imprisonment for two years. When a woman or girl is in or upon any premises in order to her being unlawfully carnally known by any man, whether a particular man or not, or is in a brothel, a person is deemed to detain such woman or girl in or upon such premises in order to her being so unlawfully carnally known, or to detain her in such brothel if, with intent to compel or induce her to remain in or upon the premises or in the brothel, he withholds from her any wearing apparel or other property belonging to her, or if, after wearing apparel has been lent or otherwise supplied to the woman or girl by or by the direction of such person or any other person, he threatens the woman or girl with legal proceedings if she takes away with her the wearing apparel so lent or supplied.

 

                 It is lawful for a woman or girl to take any such wearing apparel as may be necessary to enable her to leave a brothel or any premises in or upon which she is in order to her being unlawfully carnally known by any man.

 

227.         Any person who conspires with another to induce any woman or girl, by means of any false pretence or other fraudulent means, to permit any man to have unlawful carnal knowledge of her is guilty of a felony, and is liable to imprisonment for three years.

 

                The offender cannot be arrested without warrant.

 

228.         Any person who, with intent to procure miscarriage of a woman whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a felony, and is liable to imprisonment for fourteen years.

 

229.         Any woman who, with intent to procure her own miscarriage, whether she is or is not with child, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, or permits any such thing or means to be administered or used to her, is guilty of a felony, and is liable to imprisonment for seven years.

 

230.         Any person who unlawfully supplies to or procures for any person any thing whatever, knowing that it is intended to he unlawfully used to procure the miscarriage of a woman, whether she is or is not with child, is guilty of a felony, and is liable to imprisonment for three years.

 

                The offender cannot be arrested without warrant.

 

231.         Any person who-

 

 (1)           wilfully and without lawful excuse does any indecent act in any public place; or

 

 (2)          wilfully does any indecent act in any place with intent to insult or offend any person;

 

                is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

232.         (Repealed by 1961 No. 51.)

 

233.         Except as otherwise expressly stated, it is immaterial, in the case of any of the offences defined in this chapter committed with respect to a woman or girl under a specified age, that the accused person did not know that the woman or girl was under that age, or believed that she was not under that age.

 

233A.   (1)      Any person not being a citizen of Nigeria shall, upon conviction of an offence against section 219, 222A, 222B, 223, 225A, or 225B, be liable to be deported by order of the Minister, and the provisions of the Immigration Act shall apply, mutatis mutandis, in the case of a deportation under this section.

 

(2)            Where any person being a citizen of Nigeria is deported from any British possession to Nigeria under the provisions of any law of such possession and for offences similar to the offences contained in section 219, 222A, 222B, 223, 225A, or 225B, such person may, on arrival in Nigeria, be kept temporarily in custody and returned under police escort to the place in Nigeria to which such person belongs.

 

 

Chapter 21A

Obscene Publications

 

 

233B.         In this Chapter-

 

"article" means anything capable of being or likely to be looked at and read or looked at or read, and includes any film or record of a picture or pictures, and any sound records;

 

"distributes" includes circulates, lends, sells, lets on hire or offers for sale or on hire;

 

233C.  (1)       An article shall be deemed to be obscene or the purposes of this Chapter if its effects taken as a whole is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.

 

   (2)         The provisions of this section shall extend to any article of two or more distinct items the effect of any one of which is such as to tend to deprave and corrupt; but nothing in this section shall apply to exhibitions in private houses to which the public are not admitted or to anything done in the course of television or sound broadcasting.

 

233D.  (1)        Subject to the provisions of this Chapter, any person who, whether for gain or not, distributes or projects any article deemed to be obscene for the purposes of this Chapter, commits an offence punishable on conviction by a fine not exceeding four hundred naira or by imprisonment for a term not exceeding three years or by both.

 

   (2)         A person shall not be convicted of an offence against this section if he proves that he had not examined the article in respect of which he is charged and had no reasonable cause to suspect that it was such that his publication of it would make him liable to be convicted of an offence against this section.

 

  (3)          In any proceedings against a person under this section, the question whether an article is obscene shall be determined without regard to any publication by another person unless it could reasonably have been expected that the publication by the other person would follow from publication by the person charged.

 

   (4)          No prosecution for an offence against this section shall be commenced more than two years after the commission of the offence.

 

233E.  (1)        Subject to the provisions of this Chapter, if a magistrate is satisfied by information on oath that there is reasonable ground for suspecting that articles deemed to he obscene for the purposes of this Chapter are, or are from time to time, kept for publication for gain in any premises or on any stall or vehicle in the State, the magistrate may issue a warrant under his hand empowering any constable to enter (if need he by force) and search the premises, or to search the stall or vehicle, within fourteen days -from the date of the warrant, and to seize and remove any articles found therein or thereon which the constable has reason to believe to be obscene articles for the purposes of this Chapter and to be kept for publication for gain.

 

  (2)          A warrant under subsection (1) of this section shall, if any obscene articles are seized under the warrant, also empower the seizure and removal of any documents found in the premises or, as the case may be, on the stall or vehicle which relate to a trade or business carried on at the premises or from the stall or vehicle.

 

  (3)          Articles seized under subsection (1) of, this section may be brought before the magistrate who issued the warrant or before any other magistrate, and the magistrate before whom the articles are brought may thereupon issue a summons to the occupier of the premises, or, as the case may be, the user of the stall or vehicle to appear on a day specified in the summons before a magistrate's court to show cause why the articles or any of them should not be, forfeited. If the court is satisfied, as respects any of the articles, that at the time when they were seized they were obscene articles kept for publication for gain, the court shall order those articles to be forfeited; but no order shall be made under this subsection in default of appearance by the person summoned unless service of the summons is proved.

 

  (4)          In addition to the person summoned, any other person being the owner, author or maker of any of the articles brought before the court, or any other person through whose hands they had passed before being seized, shall be entitled to appear before the court on the day specified in the summons to show cause why they should not be forfeited.

 

  (5)          Where an order is made under this section for the forfeiture of any articles, any person who appeared, or was entitled to appear, to show cause against the making of the order may appeal to the High Court; and no such order shall take effect until the expiration of fourteen days after the day on which the order is made, or, if before the expiration thereof notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.

 

  (6)          If as respects any articles brought before it the court does not order forfeiture, the court may if it thinks fit order the person on whose information the warrant for the seizure of the articles was issued to pay such costs as the court thinks reasonable to any person who has appeared before the court to show cause why those articles should not be forfeited; and costs ordered to be paid under this subsection shall be enforceable as a civil debt.

 

  (7)           For the purposes of this section, the question whether an article is obscene shall be determined on the assumption that copies of it would be published in any manner likely having regard to the circumstances in which it was found, but in no other manner.

 

  (8)          Nothing in this section shall be construed to preclude the making of any order for the purposes of section 263 of the Criminal Procedure Act (which relates to disposal of property produced before a court).

 

233F.  (1)        No person shall be convicted of an offence against this Chapter, and no order for forfeiture shall be made if it is proved that publication of the article in question is justified as being for the public good on the ground that it is in the interests of science, literature, art or learning, or of other objects of general concern.

 

   (2)         It is hereby declared that the opinion of experts as to the literary, artistic, scientific or other merits of an article may be admitted in any proceedings under this Chapter either to establish or to negative the said ground.

 

 

Chapter 22

Nuisances; Gaming Houses; Lotteries; Misconduct relating to Corpses

 

 

234.         Any person who-

 

(a)            obstructs any highway, by any permanent work or erection thereon or injury thereto, which renders the highway less commodious to the public than it would otherwise be; or

 

(b)            prevents the public from having access to any part of a highway by an excessive and unreasonable temporary use thereof, or by so dealing with the land in the immediate neighbourhood of the highway as to prevent the public from using and enjoying it securely; or

 

(c)            does not repair a highway which he is bound to repair; or

 

(d)            does not repair a bridge which he is bound to repair; or

 

(e)            wilfully diverts or obstructs the course of any navigable river so as appreciably to diminish its convenience for purposes of navigation; or

 

(f)            does any act not warranted by law, or omits to discharge any legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to the public;

 

                 is guilty of a misdemeanour, and is liable to imprisonment for two years. It is immaterial whether the act complained of is convenient to a larger number of the public than it inconveniences but the fact that the act complained of facilitates the lawful exercise of their rights by a part of the public may show that it is not a nuisance to any of the public.

 

                The owner of a vessel wrecked in a navigable river is not guilty of a common nuisance because he does not remove it.

 

235.         (Repealed by No. 20 of 1944).

 

236.   (1)          A person being the owner or occupier, of having the use of, any house, room or place, who shall open, keep or use the same for the purpose of unlawful gaming being carried on therein, and any person, who, being the owner or occupier of any house, room or place, shall knowingly and wilfully permit the same to be opened, kept or used by any other person for the purpose aforesaid, and any person having the care or management of or in any manner assisting in conducting the business of any house, room or place opened, kept or used for the purpose aforesaid, is said to keep a common gaming house.

 

 (2)           In this section, "unlawful gaming" includes roulette, every game of dice except backgammon, every game of cards which is not a game of skill, the game known as chacha and other games of cowries, and any game the chances of which are not alike favourable to all the players including the banker or other person or persons by whom the game is managed or against whom the other players stake, play or bet.

 

 (3)           Any person who keeps a common gaming house is guilty of a misdemeanour and is liable to a fine of one thousand naira or imprisonment for two years or to both such fine and imprisonment.

 

 (4)           Any person other than the persons mentioned in subsection (1) who is found in a common gaming house shall be deemed, unless the contrary is proved, to be there for the purpose of unlawful gaming and shall be guilty of an offence and shall be liable to a fine of ten naira for the first offence and for each subsequent offence to a fine of forty naira or imprisonment for three months or to both such fine and imprisonment.

 

237.   (1)         A superior police officer or an administrative officer in charge of police, if he has reasonable grounds for believing that any house, room or place is kept as a common gaming house, may by order in writing authorise any police officer to enter and search such house, room or place at any time and if necessary, to use force for the purpose of effecting such entry, whether by breaking open doors or otherwise, and to arrest all persons who shall be found therein, and to seize all instruments of gaming found in such house or premises, and also to seize all money found therein.

 

  (2)          Where a police officer so authorised to enter any house, room or place is wilfully prevented from or obstructed or delayed in entering the same or any part thereof, or where any external or internal door of, or means of access to, any such house, room or place shall be found to be fitted or provided with any bolt, bar, chain or any means or contrivance for the purpose of preventing, delaying or obstructing the entry into the same or any part thereof of any police officer authorised as aforesaid or for giving an alarm in the case of such entry, or if any such house, room or place is found fitted or provided with any means or contrivance for Unlawful gaming or with any means of contrivance for concealing, removing or destroying any instruments of gaming, it shall be evidence until the contrary he proved, that such house, room or place is used as a common gaming house within the meaning of the last preceding section and that the persons found therein were unlawfully playing therein.

 

238.         Any person who shall be called to give evidence against any other person charged under the provisions of section 236 shall be freed from all criminal prosecution in respect of the offence with which such other person is charged or any other offence under section 236.

 

239.         Any house, room, or place, which is used for any of the following purposes-

 

  (1)           for the purpose of bets being made therein between persons resorting to the place and

 

(a)            the owner, occupier, or keeper of the place, or any person using the place; or

 

(b)           any person procured or employed by or acting for or on behalf of any such owner, occupier, or keeper, or person using the place; or

 

(c)            any person having the care or management, or in any manner conducting the business, of the place; or

 

  (2)          for the purpose of any money or other property, being paid or received therein by or on behalf of any such, owner, occupier, or keeper, or person using the place as, or for the consideration-

 

(a)            for an assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or other property on any event or contingency of or relating to any horse race, or other race, fight, game, sport, or exercise; or

 

(b)            for securing the paying or giving by some other person of any money or other property on any such event or contingency, is called a common betting house.

 

Any person who, being the owner or occupier of any house, room, or place, knowingly and wilfully permits it to be opened, kept, or used, as a common betting house by another person, or who has the use or management, or assists in conducting the business of a common betting house is guilty of a misdemeanour, and is liable to imprisonment for one year, and to a fine of one thousand naira:

 

Provided always that nothing herein contained shall make illegal the use of a totalisator by a race club recognised by the Government, at a race meeting, with the approval in each case, of the superintendent of police in charge of the area where the meeting is held. In this proviso "totalisator" means and includes the instrument, machine, or contrivance, commonly known as the totalisator, and any other instrument, machine, or contrivance of a like nature, or any scheme for enabling any number of persons to make bets with one another on the like principles.

 

239A. (1)(2)- (Inserted by 44 of 1958 repealed by 1961 No. 69.)

 

    (3)         For the purpose of section 239 any house, room or place which is used for the purposes of a licensed pool betting business shall not be deemed to be a common betting house by reason only that it is so used.

 

  (4)         (Inserted by 44 of 1958, repealed by 1961 No. 69.)

 

239B.      (Inserted by 44 of 1958, repealed by 1961 No. 69).

 

240.         In this chapter-

 

                "lottery" includes any game, method or device whereby money or money's worth is distributed or allotted in any manner depending upon or to be determined by chance or lot;

 

                "lottery ticket" includes any paper, ticket, token or other article whatsoever, which either expressly or tacitly entitles or purports to entitle any person to receive any money or money's worth on the happening of any event or contingency connected with any public lottery;

 

                "public lottery" means a lottery to which the public or any class of the public has, or may have, access, and every lottery shall, until the contrary is proved, be deemed to be a public lottery.

 

240A.         Every person who-

 

(a)            gives or sells or offers for sale or delivers any lottery ticket or pays or receives directly or indirectly any money or money's worth for or in respect of any chance in or event or contingency connected with a public lottery; or

 

(b)           draws, throws, declares or exhibits, expressly or otherwise the winner or winning number, ticket, lot, figure, design, symbol, or other result of any public lottery; or

 

(c)            writes, prints, publishes, or causes to be written, printed, or published, any lottery ticket, or any announcement relating to a public lottery; or

 

(d)            advances, furnishes, or receives money for the purpose of a public lottery; or

 

(e)            in any manner carries on, or assists in carrying on, or invites or solicits any person to take part in, a public lottery,

 

                 shall be liable to a fine not exceeding one hundred naira or to imprisonment for a period not exceeding six months.

 

240B.      Any money or money's worth paid or deposited for or in respect of the purchase of a lottery ticket shall be recoverable as money had and received to the use of the person by whom the same was paid or deposited.

 

240C.       Every sale or contract for the sale of a lottery ticket is hereby declared to be void, and no action shall be maintainable by any person in respect of any such sale or contract, except by the purchaser for the return of the money or other consideration (if any) paid thereon.

 

240D.   (1)       Nothing in this Chapter contained shall apply to any lottery or sweepstake organised and controlled by any race club in Nigeria to which a Minister may by notice in the Federal Gazette extend the provisions of this- section, at or in connection with any race meeting held under the auspices of any such club or association.

 

    (2)        Nothing in this Chapter contained shall apply to or prevent the sale by raffle or lottery of articles exposed for sale at any bazaar or fancy fair held for raising funds in aid of any institution of a public character provided that permission for such sale shall have been given in writing by the Minister.

 

240E.  (1)         A Minister may grant to any club a licence authorising a lottery to be promoted and carried on, subject to any conditions contained in the licence, as an incident of entertainment by members of the club on the premises of the club.

 

  (2)          It shall be a condition of every licence granted to a club under subsection (1) in respect of a lottery that only members of the club and their guests introduced in accordance with the rules of the club shall have access to the lottery.

 

  (3)          A lottery promoted and carried on in a club in accordance with the terms of a licence issued under this section shall not be deemed to be a public lottery.

 

  (4)          When any condition of a licence granted under this section is contravened, every person concerned in the promotion or carrying on of the lottery shall be guilty of an offence, unless he proves that the contravention was committed without his knowledge, and shall be liable on summary conviction to a fine of forty naira or to imprisonment for four months.

 

241.         Any person who appears, acts, or behaves, as master or mistress, or as the person having the care or management of any such premises, house, room, set of rooms, or place, as is mentioned in section 225B, 236 or 239, is to be taken to be the keeper thereof, whether he is or is not the real keeper.

 

242.         Any person who-

 

  (1)         without lawful justification or excuse, the proof of which lies on him,

 

(a)            neglects to perform any duty imposed upon him by law, or undertaken by him, whether for reward or otherwise, touching the burial or other disposition of a human body or human remains; or

 

(b)            improperly or indecently interferes with, or offers any indignity to, any dead human body or human remains, whether buried or not;

 

  (2)         eats or receives for the purpose of eating any part of a dead human body; is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

 

Chapter 23

Offences against Public Health

 

 

243.   (1)         Any person who sells, as food or drink, or has in his possession with intent to sell it as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, or is in a state unfit for food or drink is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

  (2)         Any person who adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

244.         Any person who--

 

 (1)            knowingly takes into a slaughter-house used for the slaughter of any animals intended for the food of man the whole or any part of the carcass of any animal which has died of any disease; or

 

 (2)            knowingly sells the whole or part of the carcass of any animal which has died of any disease, or which was diseased when slaughtered;

 

                 is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

245.         Any person who corrupts or fouls the water of any spring, stream, well, tank, reservoir, or place, so as to render it less fit for the purpose for which it is ordinarily used, is guilty of a misdemeanour, and is liable to imprisonment for six months.

 

246.         Any person who without the consent of the President or the Governor buries or attempts to bury any corpse in any house, building, premises, yard, garden, compound, or within a hundred yards of any dwelling-house, or in any open space situated within a township, is guilty of a misdemeanour, and is liable to imprisonment for six months.

 

247.         Any person who-

 

(a)            vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood, or passing along a public way; or

 

(b)            does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, whether human or animal;

 

                 is guilty of a misdemeanour, and is liable to imprisonment for six months.

 

248.         Any person who-

 

(a)            sells or has in his possession for the purposes of sale any matches made with white (yellow) phosphorus; or,

 

(b)            uses white (yellow) phosphorus in the manufacture of matches; is guilty of an offence and liable to a fine of twenty naira, and any matches in respect of which the offence shall have been committed shall he forfeited.

 

 

Chapter 24

Idle and Disorderly Persons; Rogues and Vagabonds; Bringing Contempt on Uniform

 

 

249.         The following persons-

 

(a)            every common prostitute-

 

(i)             behaving in a disorderly or indecent manner in any public place;

 

(ii)             loitering and persistently importuning or soliciting persons for the purpose of prostitution;

 

(b)            every person wandering or placing himself in any public place to beg or gather alms, or causing or procuring or encouraging any child or children so to do;

 

(c)            every person playing at any game of chance for money or money's worth in any public place; and

 

(d)            every person who, in any public place, conducts himself in a manner likely to cause a breach of the peace,

 

                 shall be deemed idle and disorderly persons, and may be arrested without warrant, and shall be guilty of a simple offence, and shall be liable to imprisonment for one month.

 

250.         The following persons-

 

(1)            every person convicted of an offence under the last preceding section after having been previously convicted as an idle and disorderly person;

 

(2)            every person wandering abroad and endeavouring by the exposure of wounds or deformation to obtain or gather alms;

 

(3)            every person going about as a gatherer or collector of alms, or endeavouring to procure charitable contributions of any nature or kind, under any false or fraudulent pretence;

 

(4)            every suspected person or reputed thief who has no visible means of subsistence and cannot give a good account of himself;

 

(5)            every person who exercises control, direction or influence over the movements of a prostitute in such a manner as to show that he is aiding, abetting, or controlling, her prostitution with any man, whether a particular man or not;

 

(6)            every person found wandering in or upon or near any premises or in any road or highway or any place adjacent thereto or in any public place at such time and under such circumstances as to lead to the conclusion that such person is there for an illegal or disorderly purpose; shall be deemed to be a rogue and vagabond, and is guilty of a misdemeanour, and is liable on summary conviction for the first offence to imprisonment for three months, and for every subsequent offence to imprisonment for one year.

 

                An offender may be arrested without warrant.

 

251.         Any person who, not being a person serving in any of the armed or police forces of Nigeria, wears the uniform of any of these forces, or any dress having the appearance or bearing any of the regimental or other distinctive marks of any such uniform, in such manner or in such circumstances as to be likely to bring contempt on that uniform, or employs any other person so to wear such uniform or dress, is guilty of a simple offence, and is liable to imprisonment for three months or to a fine of forty naira.