|
| |
Criminal
Code Act
Chapter
77
Laws of
the Federation of Nigeria 1990
Arrangement
of Sections
The
original numbering of sections has been retained in order not to disturb the
cross references to those sections in other enactments which are many and will
be found throughout the whole Edition
|
1. |
Short
title |
2. |
The
criminal code and extent. |
3. |
Construction
of Acts, Laws, rules, regulations, and other instruments. |
|
4. |
Provisions
of code, exclusive
with
certain exceptions |
5. |
Civil
remedies. |
6. |
Contempt
of court.
|
|
7. |
Printing
of amendments. |
|
|
|
|
Schedule
The
Criminal Code
Part 1
Introductory
Interpretation:
Application: General: Principles:
Chapter
1
Interpretation
|
1. |
Interpretation. |
2. |
.
Definition of offence |
3. |
.
Division of offences. |
|
4. |
.
Attempts to commit offences. |
5. |
Arrest
without warrant. |
6. |
Carnal
knowledge. |
Chapter
2
Parties
to Offences
|
7 |
Principal
offenders. |
8. |
Offences
committed in prosecution of common purpose. |
9. |
.
Mode of execution immaterial. |
|
10.. |
Accessories
after the fact. |
|
|
|
|
Chapter
3
Application
of Criminal Law
|
10A. |
Interpretation.
|
11. |
Effect
of changes in law.
|
12. |
Application
of code as to offences wholly or partially committed in Nigeria. |
|
12A. |
Offences
against laws of a State. |
13.
|
Offences
procured or counselled by persons out of Nigeria. |
13A. |
Offences
against State laws procured, etc., outside the State. |
|
14. |
Offences
procured in Nigeria to be committed out of Nigeria. |
14A.
|
Offences
procured in the State to be committed out of the State. |
15. |
Armed
forces and police forces. |
|
16. |
(Repealed
by No. 43 of 1945. |
|
|
|
|
Chapter
4
Punishments
|
17. |
Kinds
of punishment. |
18. |
Caning
for male persons under seventeen. |
19. |
Forfeiture
of bribes. |
|
20. |
Forfeiture
of property used in postal offences. |
21. |
Prerogative. |
|
|
Chapter
5
Criminal
Responsibility
|
22. |
Ignorance
of Law. |
23. |
Bonafide
claim of right. |
24. |
Intention:
motive. |
|
25. |
Mistake
of fact. |
26. |
Extraordinary
emergencies. |
27. |
Presumption
of sanity. |
|
28. |
Insanity. |
29. |
Intoxication. |
30. |
Immature
age. |
|
31. |
Justification
and excuse: compulsion. |
32. |
Justification
and excuse: compulsion. |
33. |
Compulsion
of husband. |
|
34. |
No
conspiracy between husband and wife alone.
|
35. |
Offences
by partners and members of companies with respect to partnership or
corporate property. |
36. |
Liability
of husband and wife for offences committed by either with respect to the
other's property. |
Part 2
Offences
against Public Order
Chapter
6
Treason
and certain other Offences
|
37. |
Treason. |
38. |
Instigating
invasion of Nigeria. |
39. |
Provision
as to juvenile offenders and pregnant women. |
|
40. |
Concealment
of treason. |
41. |
Treasonable
felonies. |
42. |
Promoting
inter communal war. |
|
43. |
Time
for proceeding in cases of treason, concealment of treason, or promoting
inter communal war. |
44. |
Inciting
to mutiny. |
45. |
Aiding
and inciting to mutinous acts, or disobedience of members of armed forces
or policemen. |
|
46. |
Inducing
such persons to desert. |
46A. |
Causing
disaffection among members of armed forces, police or prison officers. |
47. |
Effect
of proceeding under sections 44 and 45. |
|
48. |
Assisting
or allowing escape of prisoners of war. |
49. |
Overt
act. |
|
|
Chapter
6A
Treachery
|
49A. |
Death
penalty for treachery. |
49B |
.
Joinder of charges and place of trial of offences. |
49C. |
Extent
of Chapter. |
|
49D. |
(Deleted
by L.N. 112 of 1964.)
|
|
|
|
|
Chapter
7
Sedition
and the Importation of Seditious or Undesirable Publications
|
50. |
Interpretation. |
51. |
Offences. |
52. |
Legal
proceedings, Evidence. |
|
53. |
Unlawful
oaths to commit capital offences. |
54. |
Other
unlawful oaths to commit offences. |
55. |
Compulsion:
how far a defence. |
|
56. |
Effect
of prosecution. |
57. |
Unlawful
drilling. |
58. |
Power
to prohibit importation of publications. |
|
|
|
|
|
(6)
Offences.
(8)
Delivery of prohibited publication to police and administrative officers.
(9)
Power to examine packages.
|
|
59. |
Publication
of false news with intent to cause fear and alarm to public. |
60. |
Defamation
of persons exercising sovereign authority over a State. |
|
|
Chapter
8
Offences
against the Executive and Legislative Power
|
61. |
Interference
with executive or legislative power. |
|
|
|
|
Chapter
9
Unlawful
Societies
|
62. |
Definition
of society and unlawful society. |
62A. |
Unlawful
societies in a State. |
63. |
Managing
an unlawful society. |
|
64.
|
Members
of unlawful society: persons permitting an unlawful society to meet on
their premises. |
65. |
Provisions
relating to prosecutions for offences under sections 63 and 64. |
66.
|
Powers
of peace officers in relation to unlawful societies. |
|
67. |
Disposition
of property of society declared to be an unlawful society. |
68. |
Forfeiture.
|
|
|
Chapter
10
Unlawful
Assemblies: Breaches of the Peace
|
69. |
Definitions:
Unlawful
assembly. Riot. |
70. |
Punishment
of unlawful assembly. |
71. |
Punishment
of riot.
|
|
72. |
Making
proclamation for rioters to disperse. |
73. |
Dispersion
of rioters after proclamation made. |
74. |
Rioting
after proclamation.
|
|
75. |
Preventing
or obstructing the making of proclamation. |
76. |
Rioters
demolishing buildings, machinery, railway, etc. |
77.
|
Rioters
injuring buildings, machinery, railway, etc. |
|
78. |
Smuggling
or rescuing goods under arms. |
79. |
Smuggling
under arms or in disguise. |
80. |
Going
armed so as to cause fear.
|
|
81. |
Forcible
entry. |
82. |
Forcible
detainer. |
83. |
Affray. |
|
84. |
Challenge
to fight a duel. |
85. |
Prize
fight. |
86. |
Threatening
violence. |
|
87. |
Assembling
for the purpose of smuggling. |
88. |
Unlawful
processions.
|
88A.
|
Provoking
breach of peace by offensive publication. |
Part 3
Offences
against the Administration of Law and Justice and against Public Authority
Chapter
11
Disclosure
of 0fficial Secrets and Abstracting Document
| 89-96. |
Deleted by No. 31 of 1941. |
97.
|
Disclosure
of official secrets. Public servant abstracting, etc., document: restriction on
prosecutions.
|
|
|
Chapter
12
Corruption
and Abuse of Office
|
98. |
Official
corruption: public official inviting bribes, etc., on account of own
actions. |
98A. |
Official
corruption: person giving bribes, etc., on account of actions of public
official. |
98B.
|
Official
corruption: persons inviting bribes, etc., on account of actions of
public official. |
|
98C. |
Restrictions
on arrest and prosecution of judicial officers for offences under
sections 98 to 988. |
98D. |
Meaning
of "public official" in sections 98 to 98B.
|
99.
|
Extortion
by public officers.
|
|
100. |
(Deleted
by 1966 No. 84). |
101.
|
Public
officers interested in contracts. |
102. |
Officers
charged with administration of property of a special character or with
special duties. |
|
103. |
False
claims by officials.
|
104. |
Abuse
of office.
|
105. |
False
certificates by public officers. |
|
106. |
Administering
extra-judicial oaths. |
107. |
False
assumption of authority. |
108. |
Personating
public officers. |
|
109. |
Personating
members of armed forces or police. |
110. |
Unlawfully
wearing the uniform of the armed forces. |
111. |
Selling,
etc., uniform, etc., to unauthorised persons. |
Chapter
13
Selling
and Trafficking in Offices
|
112. |
Bargaining
for offices in public service. |
|
|
|
|
Chapter
14
Offences
relating to the Administration of Justice
|
113. |
Definition
of judicial proceeding. |
114
-
116 |
Deleted
by 1966 No. 84. |
|
|
|
117. |
Perjury. |
118. |
Punishment
of perjury. |
119. |
Evidence
on charge of perjury. |
|
120. |
Fabricating
evidence. |
121. |
Corruption
of witnesses. |
122. |
Deceiving
witnesses. |
|
123. |
Destroying
evidence. |
124. |
Preventing
witnesses from attending. |
125. |
Conspiracy
to bring false accusation. |
|
125A. |
Making
false statement to public officers with intent. |
126. |
Perverting
justice. |
127. |
Compounding
felonies. |
|
128. |
Compounding
penal actions.
|
129. |
Advertising
a reward for the return of stolen or lost property. |
130. |
Delay
to take person arrested before a court. |
|
131. |
Bringing
fictitious action on penal Act, Law or Statute. |
132. |
Inserting
advertisement without authority of court. |
133. |
Contempt
of court. |
Chapter
15
Escapes..
Rescues: Obstructing
Officers of Court
|
134. |
Rescue. |
135. |
Escape. |
136. |
Aiding
prisoners to escape. |
|
137. |
Permitting
escape. |
138. |
Negligently
permitting escape. |
139. |
Prison
officers accessory to breaches of discipline. |
| 140-142. |
Repealed by 1972, No. 9. |
143. |
Rescuing
insane persons. |
144. |
Removing, etc., property under
lawful seizure. |
| 145. |
Obstructing officers of courts
of justice. |
|
|
|
|
Chapter
16
Offences
relating to the Currency
|
146. |
Interpretation. |
147. |
Counterfeiting
gold and silver coin. |
148. |
Preparation
for coining gold and silver coin. |
|
148A. |
Unlawful
inquiries with the object of making counterfeit coins. |
149. |
Clipping.
|
150. |
Possession
of clippings.
|
|
151. |
Uttering
counterfeit current gold or silver coin.
|
152. |
Repeated
uttering of counterfeit current gold or silver coin, or possession of
several such coins. |
153. |
Offences
after previous conviction. |
|
154. |
Counterfeiting
nickel coin. |
155. |
Uttering
base nickel coin. |
156. |
Defacing
coin by stamping words thereon. |
|
157. |
Uttering
foreign coin, medals, etc., as current coin with intent to defaud. |
158. |
Exporting
counterfeit current coin. |
159. |
Unlawfully
importing counterfeit coin. |
|
160. |
Tender
of defaced coin not legal tender: penalty for uttering. |
160A. |
Making,
issue and circulation of promissory notes payable to bearer on demand,
without authority. |
160B. |
Portrayal
of Nigerian notes and coins.
|
Chapter
17
Offences
Relating to Posts and Telecommunications
|
161. |
Stopping
mails. |
162. |
Intercepting
telegrams or postal matter. |
163. |
Tampering
with telegrams or postal matter. |
|
164. |
Wilful
misdelivery of telegrams or postal matter. |
165. |
Obtaining
telegrams or postal matter by false pretences. |
166. |
Secreting
letters and telegrams. |
|
167. |
Fraudulent
issue of money orders and postal orders. |
168. |
Fraudulent
messages respecting money orders. |
169. |
Unlawful
franking of letters.
|
|
170. |
Sending
dangerous or obscene things by post. |
171. |
Retarding
delivery of telegrams or postal matter. |
172. |
Obstructing
mails. |
|
173. |
Penalty
on loitering, carelessness in delivery of mails, etc. |
174. |
Fraudulently
removing stamps.
|
175. |
Fraudulent
evasion of postal laws.
|
|
176.
|
Carrying
letters otherwise than by post.
|
177. |
Illegally
making postal envelopes or setting up post office or office for sale of
stamps, or imitating post office. |
178. |
Destroying
or damaging letter box.
|
|
179. |
Placing
injurious substances in or against letter box. |
180. |
Defacing
post office or letter box. |
181. |
Obstructing
post and telegraph offices. |
|
182. |
Obstructing
post and telegraph officers in the execution of duty. |
183. |
Contravening
exclusive privilege of the Nigerian Postal Services Department. |
184
&
185. |
Deleted
by 1975 No. 30.
|
|
186. |
Negligently
injuring telegraphs. |
187. |
Violation
of secrecy. |
188. |
Resisting
officers. |
|
189. |
Laying
property in postal matter and telegraph works. |
|
|
|
|
Chapter
18
Miscellaneous
Offences against Public Authority
|
190. |
False
declaration as to execution of sentence of death.
|
190A. |
False
statements in application for passports. |
191. |
False
statements in statements required to be under oath or solemn declaration. |
|
192. |
False
declarations and statements. |
193. |
Evidence.
|
194. |
Shooting
at customs boats or officers. |
|
195. |
Resisting
officers engaged in preventing smuggling. |
196. |
Resisting
customs officers.
|
197. |
Resisting
public officers.
|
|
198. |
Refusal
by public officer to perform duty. |
199. |
Neglect
of peace officer to suppress riot. |
200. |
Neglect
to aid in suppressing riot.
|
|
201. |
Neglect
to aid in arresting offenders. |
202. |
Disobedience
to Act, Law, or Statute. |
203. |
Disobedience
to lawful order issued by constituted authority. |
Part 4
Acts
Injurious to the Public in General
Chapter
19
Offences
Relating to Religious Worship
|
204. |
Insult
to a religion. |
205. |
Offering
violence to officiating ministers of religion. |
206. |
Disturbing
religious worship. |
Chapter
20
Ordeal,
Witchcraft, Juju and Criminal Charms
|
207. |
Unlawful
trial by ordeal: prohibited juju. |
208. |
Directing,
etc., unlawful trial by ordeal. |
209. |
Being
present at, or making poison for unlawful trial by ordeal. |
|
210. |
Offences
in relation to witchcraft and juju. |
211. |
Chiefs
permitting unlawful ordeal and prohibited juju worship. |
212. |
Destruction
of place where unlawful ordeal or prohibited juju worship is held. |
|
213. |
Criminal
charms. |
|
|
|
|
Chapter
21
Offences
against Morality
|
214. |
Unnatural
offences. |
215. |
Attempt
to commit unnatural offences. |
216. |
Indecent
treatment of boys under fourteen. |
|
217. |
Indecent
practices between males. |
218. |
Defilement
of girls under thirteen. |
219. |
Householder
permitting defilement of young girls on his premises. |
|
220. |
Defence
to charge under preceding section. |
221. |
Defilement
of girls under sixteen and above thirteen, and of idiots. |
222. |
Indecent
treatment of girls under sixteen. |
|
222A. |
Causing
or encouraging the seduction or prostitution of a girl under sixteen. |
222B. |
Allowing
persons under sixteen to be in brothels. |
222c. |
Restriction
on defence of reasonable belief. |
|
223. |
Procuration.
|
224.
|
Procuring
defilement of woman by threats or fraud, or administering drugs. |
225. |
Abduction
of girl under eighteen with intent to have carnal knowledge. |
|
225A. |
Persons
trading in prostitution. |
225B. |
Keeping
a brothel. |
226. |
Unlawful
detention with intent to defile, or in a brothel. |
|
227. |
Conspiracy
to defile. |
228. |
Attempts
to procure abortion. |
229. |
Attempt
to procure own miscarriage. |
|
230. |
Supplying
drugs or instruments to procure abortion. |
231. |
Indecent
acts. |
232. |
Repealed-by
1961 No. 51. |
|
233. |
Knowledge
of age immaterial. |
233A. |
Deportation
of non-citizens of Nigeria. |
|
|
Chapter
21A
Obscene
Publications
|
233B. |
Interpretation. |
233C. |
Test
of obscenity. |
233D. |
Prohibition
of publication of obscene matter. |
|
233E. |
Power
of search and seizure. |
233F. |
Defence
of public good. |
|
|
Chapter
22
Nuisances;
Gaming Houses; Lotteries; Misconduct relating to Corpses
|
234. |
Common
nuisances. |
235. |
Repealed
by No. 20 of 1944. |
236. |
Gaming
houses. |
|
237.
(1)
(2) |
Police
may be authorised to enter gaming houses, etc.
Obstructing
entry of Police to be evidence of unlawful gaming. |
238. |
Indemnity
of witnesses.
|
239. |
Betting
houses.
|
|
140. |
Definitions:
Lottery: lottery ticket: public lottery. |
| |