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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(Repealed by No. 43 of 1945.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.