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Section 112-133 of the Nigerian Criminal Code Act

Arrangement – SECTION Section 1-6 [CHAPTER 1- Interpretation] Section 7-10 [CHAPTER 2 – Parties to Offences ] Section 10A-16 [CHAPTER 3 – Application of Criminal Law]  Section 17-21 [ CHAPTER 4  –  Punishments ] Section 22-36 [CHAPTER  5 Criminal –  Responsibility ] Section 37-49D [CHAPTER  6, CHAPTER 6A  – Treachery  ] Section 50-60 [CHAPTER 7]  Section 61-68 [CHAPTER  8, CHAPTER  9 ] Section 69-88A [CHAPTER  10  – Unlawful  assemblies:  breaches  of  the  peace] Section 89-111 [CHAPTER  11 – Disclosure  of  official  secrets  and  abstracting  document, CHAPTER  12 – Corruption  and  abuse  of  office ]   Section 112-133 [CHAPTER  13 – Selling  and  Trafficking  in  offices, CHAPTER  14 Offences  relating  to  the  administration  of  justice]  Section 134-145 [CHAPTER  15 – Escapes;  Rescues;  obstructing  officers  of  court] Section 146-160B [CHAPTER  16 – Offences  relating  to  the  Currency] Section 161-175 [CHAPTER  17 – Offences  relating  to  Posts  and  Telecommunications]  Section 176-189 [CHAPTER  17 – Offences  relating  to  Posts  and  Telecommunications] Section 190-203 [CHAPTER  18 – Miscellaneous  offences  against public authority ] Section 204-213 [CHAPTER  19 , CHAPTER  20 ] Section 214-233 [CHAPTER  21 – Offences  against  Morality ] Section 233B-233F [CHAPTER  21A – Obscene  Publications ] Section 234-242 [CHAPTER  22 – Nuisances;  gaming  houses;  lotteries;  misconduct  relating  to  corpses] Section 243-251 [CHAPTER  23 , CHAPTER  24] Section 252-280 [CHAPTER  25 – Assaults  and  violence  to  the  person  generally;  justification  and  excuse]  Section 281-299 [CHAPTER  25 – Assaults  and  violence  to  the  person  generally;  justification  and  excuse ] Section 300-329 [CHAPTER  26, CHAPTER  27]  Section 330-350 [CHAPTER  28 – Offences  endangering  life  or health] Section 351-369 [CHAPTER  29 – 31] Section 370-390 [CHAPTER  32 – 34] Section 391-400 [CHAPTER  35 – Offences  analogous  to  stealing] Section 401-409 [CHAPTER  36 – Stealing  with  violence:  extortion  by  threats ] Section 410-433 [CHAPTER  37 – 39] Section 434-442 [CHAPTER  40 – 41] Section 443-462 [CHAPTER  42 – Offences ] Section 463-479 [CHAPTER  43 – 44] Section 480-489 [CHAPTER  45 – 46 (Personation)] Section 490-507 [CHAPTER  47 – 52] Section 508-521 [CHAPTER  53 – 55]

Section 112-133 of the Nigerian Criminal Code Act

Section 112-133 of the Nigerian Criminal Code Act is under Chapter 13 (Selling and Trafficking in offices) and Chapter 14 (Offences relating to the administration of justice) of the Act.

Section 112 of the Nigerian Criminal Code Act

Bargaining for offices in public service

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 offers 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)

Section 113 of the Nigerian Criminal Code Act

Definition of judicial proceeding

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 mayor may not be taken on oath.

Section 114-116 of the Nigerian Criminal Code Act

Section 114-116 has been Deleted by 1966 No. 84

Section 117 of the Nigerian Criminal Code Act

Perjury

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 pending in
that proceedings, 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.

Section 118 of the Nigerian Criminal Code Act

Punishment of perjury

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

Section 119 of the Nigerian Criminal Code Act

Evidence on charge of perjury

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

Section 120 of the Nigerian Criminal Code Act

Fabricating evidence

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.

Section 121 of the Nigerian Criminal Code Act

Corruption of witnesses

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

Section 122 of the Nigerian Criminal Code Act

Deceiving witnesses

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.

Section 123 of the Nigerian Criminal Code Act

Destroying evidence

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.

Section 124 of the Nigerian Criminal Code Act

Preventing witnesses from attending

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.

Section 125 of the Nigerian Criminal Code Act

Conspiracy to bring false accusation

Any person who conspires with another to charge any person or cause any person to be 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.

Section 125A of the Nigerian Criminal Code Act

Making false statement to public officers with intent

(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 of this Code 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,
[Cap. P19.]
without the consent of that administrative officer.

Section 126 of the Nigerian Criminal Code Act

Perverting justice

(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 misdemeanor and is liable to imprisonment for two
years.

Section 127 of the Nigerian Criminal Code Act

Compounding felonies

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.

Section 128 of the Nigerian Criminal Code Act

Compounding penal actions

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.

Section 129 of the Nigerian Criminal Code Act

Advertising a reward for the return of stolen or lost property

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 question will be 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.

Section 130 of the Nigerian Criminal Code Act

Delay to take person arrested before a court

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.

Section 131 of the Nigerian Criminal Code Act

Bringing fictitious action on penal Act, law or statute

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.

Section 132 of the Nigerian Criminal Code Act

Inserting advertisement without authority of court

Any person who, without authority, or knowing the advertisement to be false in any material particular
inserts or causes it 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.

Section 133 of the Nigerian Criminal Code Act

Contempt of court

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) re‐takes 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.


Credit: https://lawsofnigeria.placng.org/laws/C38.pdf

Section 89-111 of the Nigerian Criminal Code Act

Arrangement – SECTION Section 1-6 [CHAPTER 1- Interpretation] Section 7-10 [CHAPTER 2 – Parties to Offences ] Section 10A-16 [CHAPTER 3 – Application of Criminal Law]  Section 17-21 [ CHAPTER 4  –  Punishments ] Section 22-36 [CHAPTER  5 Criminal –  Responsibility ] Section 37-49D [CHAPTER  6, CHAPTER 6A  – Treachery  ] Section 50-60 [CHAPTER 7]  Section 61-68 [CHAPTER  8, CHAPTER  9 ] Section 69-88A [CHAPTER  10  – Unlawful  assemblies:  breaches  of  the  peace] Section 89-111 [CHAPTER  11 – Disclosure  of  official  secrets  and  abstracting  document, CHAPTER  12 – Corruption  and  abuse  of  office ]   Section 112-133 [CHAPTER  13 – Selling  and  Trafficking  in  offices, CHAPTER  14 Offences  relating  to  the  administration  of  justice]  Section 134-145 [CHAPTER  15 – Escapes;  Rescues;  obstructing  officers  of  court] Section 146-160B [CHAPTER  16 – Offences  relating  to  the  Currency] Section 161-175 [CHAPTER  17 – Offences  relating  to  Posts  and  Telecommunications]  Section 176-189 [CHAPTER  17 – Offences  relating  to  Posts  and  Telecommunications] Section 190-203 [CHAPTER  18 – Miscellaneous  offences  against public authority ] Section 204-213 [CHAPTER  19 , CHAPTER  20 ] Section 214-233 [CHAPTER  21 – Offences  against  Morality ] Section 233B-233F [CHAPTER  21A – Obscene  Publications ] Section 234-242 [CHAPTER  22 – Nuisances;  gaming  houses;  lotteries;  misconduct  relating  to  corpses] Section 243-251 [CHAPTER  23 , CHAPTER  24] Section 252-280 [CHAPTER  25 – Assaults  and  violence  to  the  person  generally;  justification  and  excuse]  Section 281-299 [CHAPTER  25 – Assaults  and  violence  to  the  person  generally;  justification  and  excuse ] Section 300-329 [CHAPTER  26, CHAPTER  27]  Section 330-350 [CHAPTER  28 – Offences  endangering  life  or health] Section 351-369 [CHAPTER  29 – 31] Section 370-390 [CHAPTER  32 – 34] Section 391-400 [CHAPTER  35 – Offences  analogous  to  stealing] Section 401-409 [CHAPTER  36 – Stealing  with  violence:  extortion  by  threats ] Section 410-433 [CHAPTER  37 – 39] Section 434-442 [CHAPTER  40 – 41] Section 443-462 [CHAPTER  42 – Offences ] Section 463-479 [CHAPTER  43 – 44] Section 480-489 [CHAPTER  45 – 46 (Personation)] Section 490-507 [CHAPTER  47 – 52] Section 508-521 [CHAPTER  53 – 55]

Section 89-111 of the Nigerian Criminal Code Act

Section 89 to 111 of the Nigerian Criminal Code Act is under Chapter 11(Disclosure of official secrets and abstracting document) and Chapter 12 (Corruption and abuse of office) of the Act.

Section 89 to 96 of the Nigerian Code Act

Section 89 to 96 of the Nigerian Code Act has been Deleted by No.31 of 1941.

Section 97 of the Nigerian Criminal Code Act

Disclosure of official secrets

(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.
Public servant abstracting, etc., documents
(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.

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

Chapter 12 – Corruption and abuse of office

Section 98 of the Nigerian Criminal Code Act

Official corruption: public official inviting bribes, etc., on account of own actions

(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
[1966 No. 84.]
(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 of this Code 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‐
(a) 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
(b) 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 received corruptly on account of
such a past or future act, omission, favour or disfavour as is mentioned in subsection (1) (i) or (ii) of this
section.
(3) In any proceedings for an offence under this section to which subsection (1) (ii) of this
section 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) of this section, 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 of this Code in connection with‐
(a) the arrest, detention or prosecution of any person for an alleged offence; or
(b) an omission 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) of subsection (4) of this section, or any other offence, had been committed.

Section 98A of the Nigerian Criminal Code Act

Official corruption: person giving bribes, etc., on account of actions of public official

(1) Any person who‐
[1966 No. 84.]
(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
(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) of this Code, 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 of this Code 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‐
(a) 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
(b) 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) of this Code.

Section 98B of the Nigerian Criminal Code Act

Official corruption: person inviting bribes, etc., on account of actions of public official

(1) Any person who‐
[1966 No. 84.]
(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 of this Code) 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 of this Code 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) of this section 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.

Section 98C of the Nigerian Criminal Code Act

Restrictions on arrest and prosecution of judicial officers for offences under sections 98 to 98B

(1) A judicial officer cannot be arrested without warrant for an offence under section 98, 98A or
98B of this Code.
[1966 No. 84.]
(2) No proceedings for an offence under section 98, 98A or 98B of this Code shall be 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 (i) of this Code‐
(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
[Cap. T21.]
(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.
[1966 No. 84.]

Section 98D of the Nigerian Criminal Code Act

Meaning of “public official” in sections 98 to 98B

In sections 98 to 98B of this Code, “public official” means any person employed in the public service
(within the meaning of that expression as defined in section 1 (i) or any judicial officer within the
meaning of section 98C of this Code.

Section 99 of the Nigerian Criminal Code Act

Extortion by public officers

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.

Section 100 of the Nigerian Criminal Code Act

(Deleted by 1966 No. 84).

Section 101 of the Nigerian Criminal Code Act

Public officers interested in contracts

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.

Section 102 of the Nigerian Criminal Code Act

Officers charged with administration of property of a special character or with special duties

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, or 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
misdemeanor and is liable to imprisonment for one year.

Section 103 of the Nigerian Criminal Code Act

False claims by officials

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.

Section 104 of the Nigerian Criminal Code Act

Abuse of office

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.

Section 105 of the Nigerian Criminal Code Act

False certificates by public officers

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 for three
years.

Section 106 of the Nigerian Criminal Code Act

Administering extra‐judicial oaths

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.

Section 107 of the Nigerian Criminal Code Act

False assumption of authority

Any person who‐
(a) not being a judicial officer, assumes to act as a judicial officer; or
(b) 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
(c) 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.

Section 108 of the Nigerian Criminal Code Act

Personating public officers

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.

Section 109 of the Nigerian Criminal Code Act

Personating members of armed forces or police

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‐
[L.N. 112 of 1964.]
(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.

Section 110 of the Nigerian Criminal Code Act

Unlawfully wearing the uniform of the armed forces

Any person who‐
[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 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 to wear such uniform
or dress, badge or mark or to carry such token:
Provided that this section of this Code 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.

Section 111 of the Nigerian Criminal Code Act

Selling, etc., uniform, etc., to unauthorised persons

Any person who sells or gives any uniform, or part of a uniform, or any dress, badge or mark, as in
section 110 of this Code 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.

Credit: https://lawsofnigeria.placng.org/laws/C38.pdf

Section 69-88A of the Nigerian Criminal Code Act

Arrangement – SECTION Section 1-6 [CHAPTER 1- Interpretation] Section 7-10 [CHAPTER 2 – Parties to Offences ] Section 10A-16 [CHAPTER 3 – Application of Criminal Law]  Section 17-21 [ CHAPTER 4  –  Punishments ] Section 22-36 [CHAPTER  5 Criminal –  Responsibility ] Section 37-49D [CHAPTER  6, CHAPTER 6A  – Treachery  ] Section 50-60 [CHAPTER 7]  Section 61-68 [CHAPTER  8, CHAPTER  9 ] Section 69-88A [CHAPTER  10  – Unlawful  assemblies:  breaches  of  the  peace] Section 89-111 [CHAPTER  11 – Disclosure  of  official  secrets  and  abstracting  document, CHAPTER  12 – Corruption  and  abuse  of  office ]   Section 112-133 [CHAPTER  13 – Selling  and  Trafficking  in  offices, CHAPTER  14 Offences  relating  to  the  administration  of  justice]  Section 134-145 [CHAPTER  15 – Escapes;  Rescues;  obstructing  officers  of  court] Section 146-160B [CHAPTER  16 – Offences  relating  to  the  Currency] Section 161-175 [CHAPTER  17 – Offences  relating  to  Posts  and  Telecommunications]  Section 176-189 [CHAPTER  17 – Offences  relating  to  Posts  and  Telecommunications] Section 190-203 [CHAPTER  18 – Miscellaneous  offences  against public authority ] Section 204-213 [CHAPTER  19 , CHAPTER  20 ] Section 214-233 [CHAPTER  21 – Offences  against  Morality ] Section 233B-233F [CHAPTER  21A – Obscene  Publications ] Section 234-242 [CHAPTER  22 – Nuisances;  gaming  houses;  lotteries;  misconduct  relating  to  corpses] Section 243-251 [CHAPTER  23 , CHAPTER  24] Section 252-280 [CHAPTER  25 – Assaults  and  violence  to  the  person  generally;  justification  and  excuse]  Section 281-299 [CHAPTER  25 – Assaults  and  violence  to  the  person  generally;  justification  and  excuse ] Section 300-329 [CHAPTER  26, CHAPTER  27]  Section 330-350 [CHAPTER  28 – Offences  endangering  life  or health] Section 351-369 [CHAPTER  29 – 31] Section 370-390 [CHAPTER  32 – 34] Section 391-400 [CHAPTER  35 – Offences  analogous  to  stealing] Section 401-409 [CHAPTER  36 – Stealing  with  violence:  extortion  by  threats ] Section 410-433 [CHAPTER  37 – 39] Section 434-442 [CHAPTER  40 – 41] Section 443-462 [CHAPTER  42 – Offences ] Section 463-479 [CHAPTER  43 – 44] Section 480-489 [CHAPTER  45 – 46 (Personation)] Section 490-507 [CHAPTER  47 – 52] Section 508-521 [CHAPTER  53 – 55]

Section 69-88A of the Nigerian Criminal Code Act

Section 69 to 88A of the Nigerian Criminal Code Act is under Chapter 10 (Unlawful assemblies: breaches of the peace) of the Act.

Section 69 of the Nigerian Criminal Code Act

Definitions: Unlawful assembly. Riot

When three or more persons, with intent to carry out some common purpose, assemble in such a
manner or, being assembled, conduct themselves in such a manner as to cause persons in the
neighbourhood to fear on reasonable grounds that the persons so assembled will tumultuously disturb
the peace, or will by such assembly needlessly and without any reasonable occasion provoke other
persons tumultuously to disturb the peace, they are an unlawful assembly.
It is immaterial that the original assembling was lawful if, being assembled; they conduct themselves
with a common purpose in such a manner as aforesaid.

An assembly of three or more persons who assemble for the purpose of protecting any house against
persons threatening to break and enter the house in order to commit a felony or misdemeanour therein
is not an unlawful assembly.
When an unlawful assembly has begun to act in so tumultuous a manner as to disturb the peace, the
assembly is called a riot, and the persons assembled are said to be riotously assembled.

Section 70 of the Nigerian Criminal Code Act

Punishment of unlawful assembly

Any person who takes part in an unlawful assembly is guilty of a misdemeanour and is liable to
imprisonment for one year.

Section 71 of the Nigerian Criminal Code Act

Punishment of riot

Any person who takes part in a riot is guilty of a felony and is liable to imprisonment for three years.

Section 72 of the Nigerian Criminal Code Act

Making proclamation for rioters to disperse

Any magistrate or, in his absence, any police officer, of or above the rank of assistant superintendent, or
any commissioned officer in the Naval, Military or Air Forces of Nigeria in whose view a riot is being
committed, or who apprehends that a riot is about to be committed by persons assembled within his
view, may make or cause to be made a proclamation in the name of the Federal Republic in such form as
he thinks fit, commanding the rioters or persons so assembled to disperse peaceably.
[L.N. 112 of 1964.]

Section 73 of the Nigerian Criminal Code Act

Dispersion of rioters after proclamation made

If upon the expiration of a reasonable time after such proclamation is made, or after the making of such
proclamation has been prevented by force, twelve or more persons continue riotously assembled
together, any person authorised to make proclamation, or any police officer, or any other person acting
in aid of such person or police officer, may do all things necessary for dispersing the persons so
continuing assembled, or for apprehending them or any of them, and, if any person makes resistance,
may use all such force as is reasonably necessary for overcoming such resistance, and shall not be liable
in any criminal or civil proceeding for having, by the use of such force, caused harm or death to any
person.

Section 74 of the Nigerian Criminal Code Act

Rioting after proclamation

If proclamation is made, commanding the persons engaged in a riot, or assembled with the purpose of
committing a riot, to disperse, every person who, at or after the expiration of a reasonable time from
the making of such proclamation, takes or continues to take part in the riot or assembly is guilty of a
felony and is liable to imprisonment for five years.

Section 75 of the Nigerian Criminal Code Act

Preventing or obstructing the making of proclamation

Any person who forcibly prevents or obstructs the making of such proclamation as is in section 75 of this
Code, is guilty of a felony and is liable to imprisonment for ten years; and if the making of the
proclamation is so prevented, every person who, knowing that it has been so prevented, takes or
continues to take part in the riot or assembly is liable to imprisonment for five years.

Section 76 of the Nigerian Criminal Code Act

Rioters demolishing buildings, machinery, railway, etc.

Any persons who, being riotously assembled together, unlawfully pull down or destroy, or begin to pull
down or destroy any building, railway, machinery or structures are guilty of a felony and each of them is
liable to imprisonment for life.

Section 77 of the Nigerian Criminal Code Act

Rioters injuring buildings, machinery, railway, etc.

Any persons who, being riotously assembled together, unlawfully damage any of the things in section 77
of this Code, are guilty of a felony and each of them is liable to imprisonment for seven years.

Section 78 of the Nigerian Criminal Code Act

Smuggling or rescuing goods under arms

Any persons who assemble together to the number of three or more armed with firearms, bows and
arrows, spears, swords, knives, or other dangerous or offensive weapons, in order to effect or aid in
effecting any of the following purposes‐
(a) the unlawful shipping, unshipping, loading, moving, or carrying away of any goods the
importation of which is prohibited, or any goods liable to customs duties, which duties
have not been paid or secured;
(b) the rescuing or taking of any such goods from any person authorised to seize them, or
from any person employed by him, or assisting him, or from any place where any such
person has put them;
(c) the rescuing of any person who has been arrested on a charge of any offence relating to
the customs;
(d) the prevention of the arrest of any person guilty of any such offence, or of any person
aiding in effecting any of the purposes in this section,
are guilty of a felony and each of them is liable to imprisonment for seven years.

Section 79 of the Nigerian Criminal Code Act

Smuggling under arms or in disguise

Any persons who are found assembled together, to the number of six or more, having with them any
goods liable to forfeiture under any law relating to the customs, and carrying firearms, bows and arrows,
spears, swords, knives, or other dangerous or offensive weapons, or disguised, are guilty of a felony and
each of them is liable to imprisonment for seven years.

Section 80 of the Nigerian Criminal Code Act

Going armed so as to cause fear

Any person who goes armed in public without lawful occasion in such a manner as to cause terror to any
person is guilty of a misdemeanour and is liable to imprisonment for two years and his arms may be
forfeited.

Section 81 of the Nigerian Criminal Code Act

Forcible entry

Any person who, in a manner likely to cause a breach of the peace or reasonable apprehension of a
breach of the peace, enters on land which is in actual and peaceable possession of another, is guilty of a
misdemeanour and is liable to imprisonment for one year.
It is immaterial whether he is entitled to enter on the land or not.

Section 82 of the Nigerian Criminal Code Act

Forcible detainer

Any person who, being in actual possession of land without colour of right, holds possession of it, in a
manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace,
against a person entitled by law to the possession of the land, is guilty of a misdemeanour and is liable
to imprisonment for one year.

Section 83 of the Nigerian Criminal Code Act

Affray

Any person who takes part in a fight in a public place is guilty of a misdemeanour and is liable to
imprisonment for one year.

Section 84 of the Nigerian Criminal Code Act

Challenge to fight a duel

Any person who challenges another to fight a duel, or attempts to provoke another to fight a duel, or
attempts to provoke any person to challenge another to fight a duel, is guilty of a felony, and is liable to
imprisonment for three years.

Section 85 of the Nigerian Criminal Code Act

Prize fight

Any person who fights in a prize fight, or subscribes to or promotes a prize fight, is guilty of a
misdemeanour and is liable to imprisonment for one year.

Section 86 of the Nigerian Criminal Code Act

Threatening violence

Any person who(
1) with intent to intimidate or annoy any person, threatens to break or injure a dwelling‐house;
or
(2) with intent to alarm any person in a dwelling‐house, discharges loaded firearms or commits
any other breach of the peace,
is guilty of a misdemeanour and is liable to imprisonment for one year.
If the offence is committed in the night the offender is guilty of a felony and IS liable to imprisonment
for three years.

Section 87 of the Nigerian Criminal Code Act

Assembling for the purpose of smuggling

Any persons who assemble together, to the number of three or more, for the purpose of unshipping,
carrying or concealing, any goods subject to customs duty and liable to forfeiture under any law relating
to the customs, are guilty of a misdemeanour and each of them is liable to a fine not exceeding two
hundred naira or to imprisonment for six months.

Section 88 of the Nigerian Criminal Code Act

Unlawful processions

(1) Any persons who assemble together, to the number of three or more, under any of the
following circumstances‐
(a) bearing or wearing or having amongst them any firearms, bows and arrows, spear,
sword, knife, or other offensive weapon; or
(b) publicly exhibiting any banner, emblem, flag, or symbol, the displaying of which is
calculated to promote animosity between persons of different religious faiths or
different factions; or
(c) being accompanied by any music, beating of drums, or other noise calculated to
promote such animosity,
and, being so assembled, join in any parade or procession for the purpose of celebrating or
commemorating any festival, anniversary, or event relating to or connected with any religious or other
distinction or difference between persons residing in Nigeria or of demonstrating any such religious or
other distinction or difference, are guilty of an offence and each of them is liable to imprisonment for
one month.
If the offender is himself bearing or wearing firearms, a bow and arrows, spear, sword, knife or any
other offensive weapon he is liable to imprisonment for six months.

(2) When three or more persons are so assembled together it is the duty of a peace officer to
make or cause to be made a command in the name of the President, in such words as he thinks fit, to
the persons assembled to disperse peaceably.
Any persons who, being so assembled, continue together to the number of three or more, and do not
disperse themselves within the space of a quarter of an hour after the giving of the command, are guilty
of an offence and each of them is liable to imprisonment for three years.
(3) A judicial officer may issue a warrant in the first instance for the arrest of any such offender,
either on the oath of a credible person or on his own view.

Section 88A of the Nigerian Criminal Code Act

Provoking breach of peace by offensive publication

(1) Any person who‐
(a) in any manner or form publishes or displays or offers to the public the pictorial
representation of any person living or dead in a manner likely to provoke any section of
the community; or
[1966 No. 44.]
(b) publishes or circulates publications either in the form of newspapers, or leaflets,
periodicals, pamphlets or posters, if such publications are likely to provoke or bring into
disaffection any section of the community; or
(c) sings songs, plays any instrument or recording of sounds, or sells, lends, or lets on hire
any
record of sounds, the words of which are likely to provoke any section of the community,
is guilty of an offence for which he may be arrested without warrant by any police officer or member of
the armed forces in uniform, and upon conviction is liable to a fine of one hundred naira or to
imprisonment for a term of three months, or to both such fine and imprisonment; and the court
convicting may order confiscation of any material (including records) used for purposes contemplated by
this section and of any instrument used in connection therewith.

(2) Where any person is subsequently convicted of the like or any other offence under this
section of this Code, the penalty shall be the maximum prescribed for the offence.

(3) It shall be a defence to any person charged under this section of this Code with selling,
lending or letting on hire of any record that after reasonable inquiry was made by him before the sale,
lending or hiring out as the case may be, (the proof of which inquiry shall lie upon the person charged
with the offence), he was unaware of the possibility that it might be used for purposes mentioned in
subsection (1) of this Code, and thereafter withdrew the record from sale or recalled any record lent or
hired out by him.

(4) This section of this Code shall have effect notwithstanding any other penalty which may be
prescribed for an offence of a similar nature in any criminal code or penal code in force in Nigeria.
Interpretation

(5) In this section, unless the context otherwise requires‐
“pictorial representation” includes any photograph, and any plate or film, positive or negative;
“recorded” means sounds collected or stored by means of any tape, disc, cylinder or other means
whatsoever where the sounds are capable of being reproduced or are intended for reproduction by
electrical or mechanical means at any time or from time to time thereafter, and includes the matrix,and
cognate expressions shall have the like meaning; “sounds” includes speech and mere noise.

Credit: https://lawsofnigeria.placng.org/laws/C38.pdf (As well as many other posts in this category – ‘Nigerian Criminal Code Act‘.

Section 61-68 of the Nigerian Criminal Code Act

Arrangement – SECTION Section 1-6 [CHAPTER 1- Interpretation] Section 7-10 [CHAPTER 2 – Parties to Offences ] Section 10A-16 [CHAPTER 3 – Application of Criminal Law]  Section 17-21 [ CHAPTER 4  –  Punishments ] Section 22-36 [CHAPTER  5 Criminal –  Responsibility ] Section 37-49D [CHAPTER  6, CHAPTER 6A  – Treachery  ] Section 50-60 [CHAPTER 7]  Section 61-68 [CHAPTER  8, CHAPTER  9 ] Section 69-88A [CHAPTER  10  – Unlawful  assemblies:  breaches  of  the  peace] Section 89-111 [CHAPTER  11 – Disclosure  of  official  secrets  and  abstracting  document, CHAPTER  12 – Corruption  and  abuse  of  office ]   Section 112-133 [CHAPTER  13 – Selling  and  Trafficking  in  offices, CHAPTER  14 Offences  relating  to  the  administration  of  justice]  Section 134-145 [CHAPTER  15 – Escapes;  Rescues;  obstructing  officers  of  court] Section 146-160B [CHAPTER  16 – Offences  relating  to  the  Currency] Section 161-175 [CHAPTER  17 – Offences  relating  to  Posts  and  Telecommunications]  Section 176-189 [CHAPTER  17 – Offences  relating  to  Posts  and  Telecommunications] Section 190-203 [CHAPTER  18 – Miscellaneous  offences  against public authority ] Section 204-213 [CHAPTER  19 , CHAPTER  20 ] Section 214-233 [CHAPTER  21 – Offences  against  Morality ] Section 233B-233F [CHAPTER  21A – Obscene  Publications ] Section 234-242 [CHAPTER  22 – Nuisances;  gaming  houses;  lotteries;  misconduct  relating  to  corpses] Section 243-251 [CHAPTER  23 , CHAPTER  24] Section 252-280 [CHAPTER  25 – Assaults  and  violence  to  the  person  generally;  justification  and  excuse]  Section 281-299 [CHAPTER  25 – Assaults  and  violence  to  the  person  generally;  justification  and  excuse ] Section 300-329 [CHAPTER  26, CHAPTER  27]  Section 330-350 [CHAPTER  28 – Offences  endangering  life  or health] Section 351-369 [CHAPTER  29 – 31] Section 370-390 [CHAPTER  32 – 34] Section 391-400 [CHAPTER  35 – Offences  analogous  to  stealing] Section 401-409 [CHAPTER  36 – Stealing  with  violence:  extortion  by  threats ] Section 410-433 [CHAPTER  37 – 39] Section 434-442 [CHAPTER  40 – 41] Section 443-462 [CHAPTER  42 – Offences ] Section 463-479 [CHAPTER  43 – 44] Section 480-489 [CHAPTER  45 – 46 (Personation)] Section 490-507 [CHAPTER  47 – 52] Section 508-521 [CHAPTER  53 – 55]

Section 61-68 of the Nigerian Criminal Code Act

Section 61, 62, 63, 64, 65, 66, 67, 68 of the Nigerian Criminal Code Act is under Chapter 8 (Offences against the executive and legislative power) and Chapter 9 (Unlawful societies) of the Act.

Section 61 of the Nigerian Criminal Code Act

Interference with executive or legislative power

Any person who advisedly does any unlawful act calculated to interfere with the free exercise by the
President or a Governor of the duties or authority of his office or with the free exercise by a member of
the Federal Executive Council, or a State Executive Council of his duties as such member, is guilty of a
felony, and is liable to imprisonment for three years.
[L.N. 2 of 1960. L.N. 112 of 1964. 1967 No. 27.]
The offender cannot be arrested without warrant.
A prosecution for an offence under this section shall not be instituted except by or with the consent of a
law officer.

Section 62 of the Nigerian Criminal Code Act

Definition of society and unlawful society

(1) A society includes any combination of ten or more persons whether the society be known by
any name or not.
[L.N. 258 of 1959. 1967 No. 27.]
(2) A society is an unlawful society‐
(i) if formed for any of the following purposes‐
(a) levying war or encouraging or assisting any person to levy war on the Government or
the inhabitants of any part of Nigeria; or
(b) killing or injuring or encouraging the killing or injuring of any person; or
(c) destroying or injuring or encouraging the destruction or injuring of any property; or
(d) subverting or promoting the subversion of the Government or of its officials; or
(e) committing or inciting to acts of violence or intimidation; or
(f) interfering with, or resisting, or encouraging interference with or resistance to the
administration of the law; or
(g) disturbing or encouraging the disturbance of peace and order in any part of Nigeria; or
(ii) if declared by an order of the President to be a society dangerous to the good
government of Nigeria or of any part thereof.

Section 62A of the Nigerian Criminal Code Act

Unlawful societies in a State

Without prejudice to the provisions of section 62 of this Code, a society is an unlawful society if it is
declared by an order of the President to be a society dangerous to the good government of Nigeria or of
any part thereof, and for such purpose the consent of the Attorney‐General of the Federation referred
to in section 65 of this Code shall be construed as a reference to the consent of the Attorney‐General of
the State.
[L.N. 148 of 1959. L.N. 22 of 1960.]

Section 63 of the Nigerian Criminal Code Act

Managing an unlawful society

Any person who manages or assists in the management of an unlawful society is guilty of a felony and is
liable to imprisonment for seven years.

Section 64 of the Nigerian Criminal Code Act

Members of unlawful society: persons permitting an unlawful society to meet on their premises

Any person who-
a) is a member of an unlawful society; or
(b) knowingly allows a meeting of an unlawful society, or of members of an unlawful
society, to be held in any house, building, or place belonging to, or occupied by, him or
over which he has control,
is guilty of a felony and is liable to imprisonment for three years.

Section 65 of the Nigerian Criminal Code Act

Provisions relating to prosecution for offences under sections 63 and 64

(1) A prosecution for an offence under the two last preceding sections shall not be instituted
except with the consent of the Attorney‐General of the Federation:
[L.N. 148 of 1959.]
Provided that a person charged with such an offence may be arrested or a warrant for his arrest
may be issued and executed, and any such person may be remanded in custody or on bail,
notwithstanding that the consent of the Attorney‐General of the Federation to the institution of a
prosecution for the offence has not been obtained, but no further or other proceedings shall be taken
until that consent has been obtained.

(2) In any prosecution for an offence under sections 63 and 64 of this Code it shall not be
necessary to prove that the society consisted of ten or more members; but it shall be sufficient to prove
the existence of a combination of persons, and the onus shall then rest with the accused to prove that
the number of members of such combination did not amount to ten.

(3) Any person who attends a meeting of an unlawful society shall be presumed, until and unless
the contrary is proved, to be a member of the society.

(4) Any person who has in his possession or custody or under his control any of the insignia,
banners, arms, books, papers, documents, or other property belonging to an unlawful society, or wears
any of the insignia or is marked with any mark of the society, shall be presumed, unless and until the
contrary is proved, to be a member of the society.

Section 66 of the Nigerian Criminal Code Act

Powers of peace officers in relation to unlawful societies

Any peace officer, and any officer authorised in writing by a peace officer, may enter with or without
assistance any house or building or into any place in which he has reason to believe that a meeting of an
unlawful society, or of persons who are members of an unlawful society, is being held, and to arrest or
cause to be arrested all persons found therein and to search such house, building, or place, and seize or
cause to be seized all insignia, banners, arms, books, papers, documents and other property which he
may have reasonable cause to believe to belong to any unlawful society or to be in any way connected
with the purpose of the meeting.

Section 67 of the Nigerian Criminal Code Act

Disposition of property of society declared to be an unlawful society

(1) When a society is declared to be an unlawful society by an order of the President, the
following consequences shall ensue‐
[L.N. 257 of 1959. 1967 No. 27.]
(a) the property of the society within Nigeria shall forthwith vest in an officer appointed by
the President;
(b) the officer appointed by the President shall proceed to wind up the affairs of the
society, and, after satisfying and providing for all debts and liabilities of the society and
the costs of the winding up, if there shall then be any surplus assets, shall prepare and
submit to the President a scheme for the application of such surplus assets;
(c) such scheme, when submitted for approval, may be amended by the President in such
way as he shall think proper in the circumstances of the case;
(d) the approval of the President to such scheme shall be denoted by the endorsement
thereon of a memorandum of such approval signed by the President, and, upon this
being done, the surplus assets, the subject of the scheme, shall be held by such officer
upon the terms and to the purposes thereby prescribed;
(e) for the purpose of the winding up, the officer appointed by the President shall have all
the powers vested in a magistrate for the purpose of the discovering of the property of
a debtor and the realisation thereof.
(2) The President may, for the purpose of enabling a society to wind up its own affairs, suspend
the operation of this section of this Code for such period as to him shall seem expedient.
(3) The provisions of subsection (1) of this section shall not apply to any property seized at any
time under section 66 of this Code.

Section 68 of the Nigerian Criminal Code Act

Forfeiture

Subject to the provisions of section 67 of this Code, the insignia, banners, arms, books, papers,
documents and other property belonging to an unlawful society shall be forfeited to the State and shall
be dealt with in such manner as the President may direct.
[L.N. 257 of 1959. L.N. 112 of 1964. 1967 No. 27.]

Section 50-60 of the Nigerian Criminal Code Act

Arrangement – SECTION Section 1-6 [CHAPTER 1- Interpretation] Section 7-10 [CHAPTER 2 – Parties to Offences ] Section 10A-16 [CHAPTER 3 – Application of Criminal Law]  Section 17-21 [ CHAPTER 4  –  Punishments ] Section 22-36 [CHAPTER  5 Criminal –  Responsibility ] Section 37-49D [CHAPTER  6, CHAPTER 6A  – Treachery  ] Section 50-60 [CHAPTER 7]  Section 61-68 [CHAPTER  8, CHAPTER  9 ] Section 69-88A [CHAPTER  10  – Unlawful  assemblies:  breaches  of  the  peace] Section 89-111 [CHAPTER  11 – Disclosure  of  official  secrets  and  abstracting  document, CHAPTER  12 – Corruption  and  abuse  of  office ]   Section 112-133 [CHAPTER  13 – Selling  and  Trafficking  in  offices, CHAPTER  14 Offences  relating  to  the  administration  of  justice]  Section 134-145 [CHAPTER  15 – Escapes;  Rescues;  obstructing  officers  of  court] Section 146-160B [CHAPTER  16 – Offences  relating  to  the  Currency] Section 161-175 [CHAPTER  17 – Offences  relating  to  Posts  and  Telecommunications]  Section 176-189 [CHAPTER  17 – Offences  relating  to  Posts  and  Telecommunications] Section 190-203 [CHAPTER  18 – Miscellaneous  offences  against public authority ] Section 204-213 [CHAPTER  19 , CHAPTER  20 ] Section 214-233 [CHAPTER  21 – Offences  against  Morality ] Section 233B-233F [CHAPTER  21A – Obscene  Publications ] Section 234-242 [CHAPTER  22 – Nuisances;  gaming  houses;  lotteries;  misconduct  relating  to  corpses] Section 243-251 [CHAPTER  23 , CHAPTER  24] Section 252-280 [CHAPTER  25 – Assaults  and  violence  to  the  person  generally;  justification  and  excuse]  Section 281-299 [CHAPTER  25 – Assaults  and  violence  to  the  person  generally;  justification  and  excuse ] Section 300-329 [CHAPTER  26, CHAPTER  27]  Section 330-350 [CHAPTER  28 – Offences  endangering  life  or health] Section 351-369 [CHAPTER  29 – 31] Section 370-390 [CHAPTER  32 – 34] Section 391-400 [CHAPTER  35 – Offences  analogous  to  stealing] Section 401-409 [CHAPTER  36 – Stealing  with  violence:  extortion  by  threats ] Section 410-433 [CHAPTER  37 – 39] Section 434-442 [CHAPTER  40 – 41] Section 443-462 [CHAPTER  42 – Offences ] Section 463-479 [CHAPTER  43 – 44] Section 480-489 [CHAPTER  45 – 46 (Personation)] Section 490-507 [CHAPTER  47 – 52] Section 508-521 [CHAPTER  53 – 55]

Section 50-60 of the Nigerian Criminal Code Act

Section 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60 of the Nigerian Criminal Code Act is under Chapter 7 (Sedition and the importation of seditious or undesirable publications) of the Act.

Section 50 of the Nigerian Criminal Code Act

Interpretation

(1) In this Chapter, unless the context otherwise requires‐
“import” includes‐
[L.N. 112 of 1964. 1967 No. 27.]
(a) to bring into Nigeria; and
(b) to bring within the inland waters of Nigeria whether or not the publication is brought
ashore, and whether or not there is an intention to bring the same ashore;
“periodical publication” includes every publication issued periodically or in parts or numbers at
intervals whether regular or irregular;
“publication” includes all written or printed matter and everything, whether of a nature similar
to written or printed matter or not, containing any visible representation, or by its form, shape, or in any
manner capable of suggesting words or ideas, and every copy and reproduction of any publication;
“seditious publication” means a publication having a seditious intention;
“seditious words” means words having a seditious intention.

(2) A “seditious intention” is an intention‐
(a) to bring into hatred or contempt or excite disaffection against the person of the
President or of the Governor of a State or the Government of the Federation; or
(b) to excite the citizens or other inhabitants of Nigeria to attempt to procure the
alteration, otherwise than by lawful means, of any other matter in Nigeria as by law
established; or
(c) to raise discontent or disaffection amongst the citizens or other inhabitants of Nigeria;
or
(d) to promote feelings of ill‐will and hostility between different classes of the population of
Nigeria,
but an act, speech or publication is not seditious by reason only that it intends‐
(i) to show that the President or the Governor of a State has been misled or mistaken in
any measure in the Federation or a State, as the case may be; or
(ii) to point out errors or defects in the Government or Constitution of Nigeria, or of any
State thereof, as by law established or in legislation or in the administration of justice
with a view to the remedying of such errors or defects; or
(iii) to persuade the citizens or other inhabitants of Nigeria to attempt to procure by lawful
means the alteration of any matter in Nigeria as by law established; or
(iv) to point out, with a view to their removal, any matters which are producing or have a
tendency to produce feelings of ill‐will and enmity between different classes of the
population of Nigeria.

(3) In determining whether the intention with which any act was done, any words were spoken,
or any document was published, was or was not seditious, every person shall be deemed to intend the
consequences which would naturally follow from his conduct at the time and under the circumstances in
which he so conducted himself.

Section 52 of the Nigerian Criminal Code Act

Offences

(1) Any person who‐
[L.N. 112 of 1964.]
(a) does or attempts to do, or makes any preparation to do, or conspires with any person to
do, any act with a seditious intention;
(b) utters any seditious words;
(c) prints, publishes, sells, offers for sale, distributes or reproduces any seditious
publication;
(d) imports any seditious publication, unless he has no reason to believe that it is seditious,
is guilty of an offence and liable on conviction for a first offence to imprisonment for
two years or to a fine of two hundred naira or to both such imprisonment and fine and
for a subsequent offence to imprisonment for three years and any seditious publication
shall be forfeited for the State.
(2) Any person who without lawful excuse has in his possession any seditious publication is
guilty of an offence and liable on conviction, for a first offence, to imprisonment for one year or to a fine
of one hundred naira or to both such imprisonment and fine, and for a subsequent offence, to
imprisonment for two years; and such publication shall be forfeited to the State.

Section 52 of the Nigerian Criminal Code Act

Legal proceedings: evidence

(1) No prosecution for an offence under section 51 of this Code shall be begun except within six
months after the offence is committed.
(2) A person shall not be prosecuted for an offence under section 51 without the written
consent of the Attorney‐General of the Federation or of the State concerned.
(3) No person shall be convicted of an offence under paragraph (b) of subsection (1) of section
51 of this Code on the uncorroborated testimony of one witness.

Section 53 of the Nigerian Criminal Code Act

Unlawful oaths to commit capital offences

Any person who‐
(1) administers, or is present at and consents to the administering of, any oath, or engagement
in the nature of an oath, purporting to bind the person who takes it to commit any offence punishable
with death; or
(2) takes any such oath or engagement, not being compelled to do so; or
(3) attempts to induce any person to take any such oath or engagement,
is guilty of a felony and is liable to imprisonment for life.

Section 54 of the Nigerian Criminal Code Act

Other unlawful oaths to commit offences

Any person who‐
(1) administers, or is present at and consents to the administering of, any oath, or engagement
in the nature of an oath, purporting to bind the person who takes it to act in any of the ways following,
that is to say‐
(a) to engage in mutinous or seditious enterprise;
(b) to commit any offence not punishable with death, other than a simple offence;
(c) to disturb the public peace;
(d) to be of any association, society, or confederacy formed for the purposes of doing any
such acts as aforesaid;
(e) not to inform or give evidence against any associate, confederate or other person;
(f) not to reveal or discover any unlawful association, society, or confederacy, or any illegal
act done or to be done, or any illegal oath or engagement that may have been
administered or tendered to or taken by himself or any other person, or the import of
any such oath or engagement; or
(2) takes any such oath or engagement, not being compelled to do so; or
(3) attempts to induce any person to take any such oath or engagement,
is guilty of a felony and is liable to imprisonment for seven years.

Section 55 of the Nigerian Criminal Code Act

Compulsion: how far a defence

A person who takes any such oath or engagement as is mentioned in the two last preceding sections
shall not set up as a defence that he was compelled to do so, unless within fourteen days after taking,
or, if he is prevented by actual force or sickness, within fourteen days after the termination of such
prevention, he declares by information on oath before some peace officer, or, if he is on actual service
in the armed forces of Nigeria, or in the police forces, either by such information or by information to his
commanding officer, the whole of what he knows concerning the matter, including the person or
persons by whom and in whose presence, and the place where, and the time when, the oath or
engagement was administered or taken.
[L.N. 112 of 1964.]

Section 56 of the Nigerian Criminal Code Act

Effect of prosecution

A person who has been tried, and convicted or acquitted, on a charge of any of the offences in this
Chapter defined, shall not be afterwards prosecuted upon the same facts for the offence of treason, or
for the offence of failing, when he knows that any person intends to commit treason, to give
information thereof with all reasonable despatch to a peace officer, or use other reasonable endeavours
to prevent the commission of the offence.

Section 57 of the Nigerian Criminal Code Act

Unlawful drilling

(1) Any person who‐
(a) without the permission of the President or of the Governor of the State concerned
trains or drills any other person to the use of arms or the practice of military exercise,
movements, or evolutions; or
[L.N. 112 of 1964. 1967 No. 27.]
(b) is present at any meeting or assembly of persons, held without the permission of the
President or of the Governor of the State concerned, for the purpose of training or
drilling any other persons to the use of arms or the practice of military exercises,
movements, or evolutions,
is guilty of a felony, and is liable to imprisonment for seven years.
(2) Any person who at any meeting or assembly held without the permission of the President or
of the Governor of the State concerned is trained or drilled to the use of arms or the practice of military
exercises, movements, or evolutions or who is present at any such meeting or assembly for the purpose
of being so trained or drilled, is guilty of a misdemeanour and is liable to imprisonment for two years.
The offender may be arrested without warrant.
(3) A prosecution for any of the offences defined in this section of this Code shall be begun
within six months after the offence is committed.

Section 58 of the Nigerian Criminal Code Act

Power to prohibit importation of publications

(1) If the appropriate Minister is of opinion that the importation of any publication or series of
publications would be contrary to the public interest, he may by order prohibit the importation of such
publication or series of publications.
[L.N. 258 of 1959. 1967 No. 27.]
(2) If the appropriate Minister is of opinion that it would be in the public interest to do so, he
may by order prohibit the importation of all publications published by or on behalf of any organisation
or association of persons specified in the order.

(3) An order made under the provisions of subsection (1) of this section shall, unless a contrary
intention is expressed therein, have effect‐
(a) with respect to all subsequent issues of such publication; and
(b) not only with respect to any publication under the name specified in relation thereto in
the order, but also with respect to any publication published under any other name if
the publishing thereof is in any respect in continuation of, or in substitution for, the
publishing of the publication named in the order.

(4) An order under the provisions of subsection (2) of this section shall, unless a contrary
intention is expressed therein, have effect not only with respect to all publications published by or on
behalf of the organisation or association of persons named therein before the date of the order, but also
with respect to all publications so published on or after such date.

(5) An order made under the provisions of subsection (1) or subsection (2) of this section shall,
unless a contrary intention is expressed therein, apply to any translation into any language whatsoever
of the publication specified in the order.
Offences

(6) Any person who imports, publishes, sells, offers for sale, distributes or reproduces any
publication, the importation of which has been prohibited under subsection (1) or (2) of this section, or
any extract therefrom, is guilty of an offence and liable, on conviction, for a first offence to
imprisonment for two years or to a fine of two hundred naira or to both such imprisonment and fine and
for a subsequent offence to imprisonment for three years; and such publication or extract therefrom
shall be forfeited to the State.
[L.N. 112 of 1964.]

(7) Any person who without lawful excuse has in his possession any publication, the importation
of which has been prohibited under subsection (1) or (2) of this section, or any extract therefrom, is
guilty of an offence and liable, on conviction, for a first offence to imprisonment for one year or to a fine
of one hundred naira or to both such imprisonment and fine, and for a subsequent offence to
imprisonment for two years; and such publication or extract therefrom shall be forfeited to the State.
Delivery of prohibited publication to police and administrative officers

(8) (a) Any person to whom any publication, the importation of which has been prohibited under
subsection (1) or (2) of this section, or any extract therefrom, is sent without his knowledge or privity or
in response to a request made before the prohibition of the importation of such publication came into
effect, or who has such a publication or extract therefrom in his possession at the time when the
prohibition of its importation comes into effect, shall forthwith if, or as soon as, the nature of its
contents has become known to him, or in the case of a publication or extract therefrom coming into the
possession of such person before an order prohibiting its importation has been made, forthwith upon
the coming into effect of an order prohibiting the importation of such publication, deliver such
publication or extract therefrom to the officer in charge of the nearest police station or to the nearest
administrative officer, and in default thereof shall be guilty of an offence and liable, on conviction, to
imprisonment for one year or to a fine of one hundred naira or to both such imprisonment and fine; and
such publication or extract therefrom shall be forfeited to the State.
[L.N. 112 of 1964.]
(b) A person who complies with the provisions of paragraph (a) of this subsection or is convicted
of an offence under that subsection shall not be liable to be convicted for having imported or having in
his possession the same publication or extract therefrom.
Power to examine packages

(9) (a) Any of the following officers, that is to say‐
[1966 No. 84. 1967 No. 27.]
(i) any officer of the Nigerian Postal Service not below the rank of Assistant Surveyor;
(ii) any officer of the Nigeria Customs Service not below the rank of Collector;
(iii) any police officer not below the rank of Assistant Superintendent of Police;
(iv) any other official authorised in that behalf by the President,
may detain, open and examine any package or article which he suspects to contain any publication or
extract therefrom which it is an offence under the provisions of subsection (6) to import, publish, sell,
offer for sale, distribute, reproduce or possess, and during such examination may detain any person
importing, distributing, or posting such package or article or in whose possession such package or article
is found.
(b) If any such publication or extract therefrom is found in such package or article, the whole
package or article may be impounded and retained by the officer and the person importing, distributing,
or posting it, or in whose possession it is found, may forthwith be arrested and proceeded against for
the commission of an offence under subsection (6) or (8), as the case may be.

Section 59 of the Nigerian Criminal Code Act

Publication of false news with intent to cause fear and alarm to the public

(1) Any person who publishes or reproduces any statement, rumour or report which is likely to
cause fear and alarm to the public or to disturb the public peace, knowing or having reason to believe
that such statement, rumour or report is false, is guilty of a misdemeanour and liable on conviction to
imprisonment for three years.
(2) It shall be no defence to a charge under subsection (1) of this section that he did not know or
did not have reason to believe that the statement, rumour or report was false unless he proves that,
prior to publication, he took reasonable measures to verify the accuracy of such statement, rumour or
report.

Section 60 of the Nigerian Criminal Code Act

Defamation of persons exercising sovereign authority over a State

Any person who, without such justification or excuse as would be sufficient in the case of the
defamation of a private person, publishes anything intended to be read, or any sign or visible
representation, tending to expose to hatred or contempt in the estimation of the people of any foreign
State any person exercising sovereign authority over that State, is guilty of a misdemeanour, and is liable
to imprisonment for two years.

Section 37-49D of the Nigerian Code Act

Arrangement – SECTION Section 1-6 [CHAPTER 1- Interpretation] Section 7-10 [CHAPTER 2 – Parties to Offences ] Section 10A-16 [CHAPTER 3 – Application of Criminal Law]  Section 17-21 [ CHAPTER 4  –  Punishments ] Section 22-36 [CHAPTER  5 Criminal –  Responsibility ] Section 37-49D [CHAPTER  6, CHAPTER 6A  – Treachery  ] Section 50-60 [CHAPTER 7]  Section 61-68 [CHAPTER  8, CHAPTER  9 ] Section 69-88A [CHAPTER  10  – Unlawful  assemblies:  breaches  of  the  peace] Section 89-111 [CHAPTER  11 – Disclosure  of  official  secrets  and  abstracting  document, CHAPTER  12 – Corruption  and  abuse  of  office ]   Section 112-133 [CHAPTER  13 – Selling  and  Trafficking  in  offices, CHAPTER  14 Offences  relating  to  the  administration  of  justice]  Section 134-145 [CHAPTER  15 – Escapes;  Rescues;  obstructing  officers  of  court] Section 146-160B [CHAPTER  16 – Offences  relating  to  the  Currency] Section 161-175 [CHAPTER  17 – Offences  relating  to  Posts  and  Telecommunications]  Section 176-189 [CHAPTER  17 – Offences  relating  to  Posts  and  Telecommunications] Section 190-203 [CHAPTER  18 – Miscellaneous  offences  against public authority ] Section 204-213 [CHAPTER  19 , CHAPTER  20 ] Section 214-233 [CHAPTER  21 – Offences  against  Morality ] Section 233B-233F [CHAPTER  21A – Obscene  Publications ] Section 234-242 [CHAPTER  22 – Nuisances;  gaming  houses;  lotteries;  misconduct  relating  to  corpses] Section 243-251 [CHAPTER  23 , CHAPTER  24] Section 252-280 [CHAPTER  25 – Assaults  and  violence  to  the  person  generally;  justification  and  excuse]  Section 281-299 [CHAPTER  25 – Assaults  and  violence  to  the  person  generally;  justification  and  excuse ] Section 300-329 [CHAPTER  26, CHAPTER  27]  Section 330-350 [CHAPTER  28 – Offences  endangering  life  or health] Section 351-369 [CHAPTER  29 – 31] Section 370-390 [CHAPTER  32 – 34] Section 391-400 [CHAPTER  35 – Offences  analogous  to  stealing] Section 401-409 [CHAPTER  36 – Stealing  with  violence:  extortion  by  threats ] Section 410-433 [CHAPTER  37 – 39] Section 434-442 [CHAPTER  40 – 41] Section 443-462 [CHAPTER  42 – Offences ] Section 463-479 [CHAPTER  43 – 44] Section 480-489 [CHAPTER  45 – 46 (Personation)] Section 490-507 [CHAPTER  47 – 52] Section 508-521 [CHAPTER  53 – 55]

Section 37- 49D of the Nigerian Code Act

Section 37 to 49D of the Nigerian Code Act is under Part 2 (Offences against public order) and Chapter 6 to Chapter 6A of the Act.

Section 37 of the Nigerian Code Act

Treason
(1) Any person who levies war against the State, in order to intimidate or overawe the President
or the Governor of a State, is guilty of treason, and is liable to the punishment of death.
[L.N. 112 of 1964. 1967 No. 27.]
(2) Any person conspiring with any person, either within or without Nigeria, to levy war against
the State with intent to cause such levying of war as would be treason if committed by a citizen of
Nigeria, is guilty of treason and is liable to the punishment of death:
Provided that nothing in this section shall prevent any act from being treason which is so by the laws of
England as in force in Nigeria.
(3) (Inserted by L.N. 112 of 1964 and deleted by L.N. 139 of 1965).

Section 38 of the Nigerian Code Act

Instigating invasion of Nigeria

Any person who instigates any foreigner to invade Nigeria with an armed force is guilty of treason, and is
liable to the punishment of death.

Section 39 of the Nigerian Code Act

Provision as to juvenile offenders and pregnant women

(1) Where an offender who, in the opinion of the court, had not attained the age of seventeen
years at the time the offence was committed, has been found guilty of an offence against either section
37 or 38 of this Code, such offender shall not be sentenced to death but shall be ordered to be detained
during the pleasure of the President and upon such an order being made the provisions of Part 44 of the
Criminal Procedure Act shall apply.
[1066 No. 84. L.N. 112 of 1964. 1967 No. 27. Cap. C41.]

(2) Where a woman who has been convicted of an offence against either section 37 or 38 of this Code
alleges she is pregnant, or where the judge before whom she is convicted considers it advisable to have
inquiries made as to whether or not she be pregnant, the procedure laid down in section 376 of the
Criminal Procedure Act shall first be complied with.

Section 40 of the Nigerian Code Act

Concealment of treason

Any person who‐
[1967 No. 27.]
(a) becomes an accessory after the fact to treason; or
(b) knowing that any person intends to commit treason, does not give information thereof
with all reasonable despatch to the President or the Governor of the State or a peace officer, or use
other reasonable endeavours to prevent the commission of the offence, is guilty of a felony and is liable
to imprisonment for life.

Section 41 of the Nigerian Code Act

Treasonable felonies

Any person who forms an intention to effect any of the following purposes, that is to say‐
[L.N. 112 of 1964. 1967 No. 27.]
(a) to remove during his term of office otherwise than by constitutional means the
President as Head of State of the Federation and Commander‐in‐Chief of the Armed
Forces thereof; or
(b) to likewise remove during his term of office the Governor of a State; or
(c) to levy war against Nigeria in order by force or constraint to compel the President to
change his measures or counsels, or in order to put any force or constraint upon, or in
order to intimidate or overawe any House of the National Assembly or any other
legislature or legislative authority; or
(d) to instigate any foreigner to make any armed invasion of Nigeria or any of the
territories thereof, and manifests such intention by an overt act, is guilty of a felony and
is liable to imprisonment for life.

A person charged with any of the felonies defined in this section is not entitled to be acquitted on the
ground that any act proved to have been committed by him constitutes the offence of treason; but a
person who has been tried, and convicted or acquitted, on a charge of any such offence, cannot be
afterwards prosecuted for treason in respect of the same facts.

Section 42 of the Nigerian Code Act

Promoting inter‐communal war

Any person who, without lawful authority, carries on, or makes preparation for carrying on, or aids in or
advises the carrying on of, or preparation for, any war or warlike undertaking with, for, by, or against,
any traditional chief, or with, for, by, or against any band of citizens, is guilty of a felony and is liable to
imprisonment for life.

Section 43 of the Nigerian Code Act

Time for proceeding in cases of treason, concealment of treason or promoting inter‐communal
war

A person cannot be tried for treason, or for any of the felonies defined in the three last preceding
sections, unless the prosecution is commenced within two years after the offence is committed.

Section 44 of the Nigerian Code Act

Inciting to mutiny

Any person who advisedly attempts to effect any of the following purposes, that is to say‐
[L.N. 112 or 1964.]
(a) to seduce any person serving in any of the Armed Forces of Nigeria or any member of
the Police Force from his duty and allegiance; or
(b) to incite any such persons to commit an act of mutiny or any traitorous or mutinous
act; or
(c) to incite any such persons to make or endeavour to make a mutinous assembly, is guilty
of a felony, and is liable to imprisonment for life.

Section 45 of the Nigerian Code Act

Aiding and inciting to mutinous acts or disobedience of members of armed forces or policemen

Any person who‐
[L.N. 112 of 1964.]
(a) aids, abets, or is accessory to, any act of mutiny by; or
(b) incites to sedition or to disobedience to any lawful order given by a superior officer,
any warrant or other officer below commissioned rank and others inferior in rank to them and by
whatever name described in any of the Armed Forces of Nigeria or any Police Officer, is guilty of a
misdemeanour and is liable to imprisonment for two years and to a fine of four hundred naira.

Section 46 of the Nigerian Code Act

Inducing such persons to desert

Any person who, by any means whatever, directly or indirectly‐
[L.N. 112 of 1964. L.N. 139 of 1963.]
(a) procures or persuades or attempts to procure or persuade to desert; or
(b) aids, abets, or is accessory to the desertion of; or
(c) having reason to believe he is a deserter, habours or aids in concealing,
any warrant or other officer below commissioned rank and others inferior in rank to
them and by whatever name described in any of the said armed forces or any police
officer, is guilty of a misdemeanour and is liable to imprisonment for six months and to a
fine of one hundred naira.

Section 46A of the Nigerian Code Act

Causing disaffection among members of armed forces, police or prison officers

(1) Any person who, by any means whatever, causes or attempts to cause, or does any act
calculated to cause disaffection amongst persons serving as‐
[L.N. 112 of 1964.]
(a) members of the Armed Forces of Nigeria;
(b) Police Officers; or
(c) Prison Officers,
or does any act calculated to induce any person serving as aforesaid to withhold his services or to
commit breaches of discipline, is guilty of an offence and liable on conviction to imprisonment for a term
not exceeding three years or to a fine not exceeding six hundred naira or to both such imprisonment
and fine and, if a police officer or prison officer, shall forfeit all pension rights and be disqualified for
being a police officer or prison officer, as the case may be.
(2) In this section, the expression “prison officer” has the same meaning as in subsection (1) of
section 10 of the Prisons Act.

Section 47 of the Nigerian Code Act

Effect of proceeding under sections 44 and 45

A person who has been tried, and convicted or acquitted, on a charge of any of the offences defined in
sections 44 and 45 of this Code, cannot be afterwards prosecuted for any other offence defined in this
Chapter in respect of the same facts.

Section 48 of the Nigerian Code Act

Assisting or allowing escape of prisoners of war

Any person who‐
[L.N. 112 of 1964.]
(a) knowingly and advisedly aids an alien enemy of Nigeria, being a prisoner of war in
Nigeria, whether such prisoner is confined in a prison or elsewhere, or is suffered to be
at large on his parole, to escape from his prison or place of confinement, or, if he is at
large on his parole, to escape from Nigeria, is guilty of a felony and is liable to
imprisonment for life;
(b) negligently and unlawfully permits the escape of any such person as is mentioned in
subsection (1) of this section is guilty of a misdemeanour and is liable to imprisonment
for two years.

Section 49 of the Nigerian Code Act

Overt act

In the case of any of the offences defined in this Chapter, when the manifestation by an overt act of an
intention to effect any purpose is an element of the offence, every act of conspiring with any person to
effect that purpose, and every act done in furtherance of the purpose by any of the persons conspiring,
is deemed to be an overt act manifesting the intention.

Section 49A of the Nigerian Code Act

Death penalty for treachery

(1) If, with intent to help the enemy in any war in which Nigeria may be engaged, any person
does, or attempts to do, any act which is designed or likely to give assistance to the naval, military or air
operations of the enemy, to impede such operations of the armed forces of Nigeria, or to endanger life,
he is guilty of felony and liable on conviction to suffer death.
[L.N. 112 of 1964.]
(2) No prosecution in respect of any offence against this section shall be instituted except by, or
with the consent of, the Attorney‐General or Solicitor‐General of the Federation:
Provided that this subsection shall not prevent the arrest, or the issue or the execution of a warrant for
the arrest, of any person in respect of any offence, or the remanding, in custody or on bail, of any
person charged with such an offence, notwithstanding that the consent of the Attorney‐General or
Solicitor‐General of the Federation to the institution of a prosecution for the offence has not been
obtained.

Section 49B of the Nigerian Code Act

Joinder of charges and place of trial of offences

(1) Notwithstanding any rule of law or practice, charges for any offences, except treason, may
be joined with a charge for any offence against the preceding section in the same charge or information,
if those charges are founded on the same facts, or form, or are a part of, a series of offences of the same
or a similar character.
[L.N. 112 of 1964.]
(2) A person charged with an offence against this Chapter who is in Nigeria may, whether or not
the offence was committed in Nigeria or in any Nigerian ship or aircraft, be taken in custody to any place
in Nigeria, and may be proceeded against, charged, tried and punished in any place in Nigeria, as if the
offence had been committed in that part of Nigeria, and for all purposes incidental to or consequential
on the trial or punishment of the offence it shall be deemed to have been committed in that part of
Nigeria.

Section 49C of the Nigerian Code Act

Extent of Chapter

The provisions of this Chapter shall apply to anything done by any person in Nigeria.
[L.N. 112 of 1964.]

Section 49D of the Nigerian Code Act

(Deleted by L.N. 121 of 1964).

Credit: https://lawsofnigeria.placng.org/laws/C38.pdf

Transfer of Property (Commercial Law) NG

N.B. This article is particular to Nigeria.

Transfer of Property

It is important in all contract of sale to know the nature of goods that from the subject matter of sale. This will enable us to determine the point in time that the property in the goods lie at any point in time is important because the liability of the seller or buyer will depend largely bon whether or not the property has passed at the time of the loss. Section 16-20 (Sales of Goods Act, 1893) deals with the transfer of property in the goods to the buyer under a contract of sale.

The rules governing the passing of property depends primarily on whether the good are specific or unascertained. The basic rules can be considered under those two headings:

I. UNASCERTAINED GOODS

By S.16 where there is a contract for sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained. Thus, the property will not pass until the goods have been earmarked or appropriated to the contract with the consent of both parties. In laurie & morewood V John Dudin & sons, a contract for the sale of some maize from the defendant’s warehouse was held not to be the sale of unascertained goods.
The question that would arise is what is ascertained goods?
Section 18 rules 5 (1) puts it thus: subject to contrary intention of a sale of unascertained or future goods by description, where goods of that description in a deliverable in a deliverable state are unconditionally appropriated to the contract.

II. SPECIFIC GOODS

The second basic rule concerns specific or unascertained goods and is contained in S.17 which provides as follows

  1. Where there is a contract for the sale of specific or ascertained goods, the property in them is transferred to the buyer.
  2. For the purpose of the intention of the parties, regards shall be had to the terms of the contract. The conduct of the parties and the circumstances of the case.

    The key word in this section is “intention”. The intention of the parties as to when the property shall pass can be easily determined when there is a term in the contract stating when this should happen.

THE SPECIAL RULE

From the opening word of section 18, it is clear that these rules will only apply when no different intention is shown by the parties. It says that unless a different intention appears the following are the rules for ascertaining the intention of the parties.

5 rules follow these opening words. The first four rules deal with specific rules, while the fifth deals with unascertained goods.

i. RULE 1: Specific goods in a deliverable state: where there is an unconditional contract for the sale of specific goods in deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment be postponed. The essential element are that
a. Contract must be unconditional
b. Goods must be specific, that is not unascertained or future goods as seen in kursell v. timber.
c. Goods must be in a deliverable state.

ii. RULE 2: specific goods must be put in a deliverable state: where there is a sale of specific goods and the seller is bound to do something to the goods for the purpose of putting them in a deliverable state, the property does not pass until such things be done and the buyer has notice thereof. It is therefore essential that the buyer is notified once the goods have been put in a deliverable state.

iii. RULE 3: specific goods to be weighed measured and tested: where there is contract for the sale of specific goods in a deliverable state, but the seller is bound to weigh, measure, test or do some other act or thing with reference to the goods for the purpose of ascertaining the price. The property does not pass until such act or thing be done and the buyer has notice thereof. This rule is only applicable where the seller is to do something. This was illustrated in boro v. kenedy

iv. RULE 4: approval, sale or return: when goods are delivered to a buyer on approval or on sale or returns or other similar terms the property therein passes to the buyer.
a. When he signifies his approval or acceptance to the seller
b. If he fails to signify his acceptance or approval but retains the goods without giving notice of rejection

Where the buyer does not intend to buy the goods, he must not retain them beyond a reasonable time. In poole v. smith car sale (balham) ltd. It was held that a car had been retained beyond a reasonable time & therefore t3e buyer were liable to pay. The buyer has been responsible for retaining the goods beyond a reasonable time as seen in re ferrie case

v. RULE 5: unconditional appropriation: this deal with unascertained goods and provide that
a. Where there is a contract for the sale of unascertained or future goods… and the goods in a deliverable state are unconditionally appropriated to the contract, the property thereon passes to the buyer.
b. Where in pursuance of the contract, the seller delivers the goods to the buyer or to a carrier, he is deemed to have unconditionally appropriated the goods to the contract.

This rule must be read along with s.16 which says that property in unascertained goods will not pass until they have been ascertained. RULE 5(1) says that when there is a sale of unascertained goods in a deliverable state, property will not only pass when the goods have been unconditionally appropriated to the contract.

To constitute an appropriation of the goods to the contract, the parties must have attached the contract irrevocably to those goods. Assent to appropriation may come before and after the appropriation and may be express or implied.


Contributed by: Abdulganiyu Ismail (AKA) Mastermind
Prepared and Written by: Ucheakonam Chijioke Joshua (CJ)

Transfer of Title (Commercial Law) NG

N.B. This article is particular to Nigeria.

Transfer of Title

Want to learn about transfer of title in commercial law? Continue reading below.

The effect of a contract of sale as regards transfer of title may be broadly divide into three main groups:

  1. The seller would be transferring a valid title
  2. If the property in the goods is not transferred immediately, it would be transferred at some stage of the contract
  3. The person on whom the risk of loss is with is known at all times and the effect on both parties

THE BASIC RULE

The general rule is that a person cannot transfer a better title than he has himself. In simple language, you cannot transfer what you do not have. This principle has been summed up in the Latin maxim “nemo dat quod non habet”. However, the rule is that a buyer cannot acquire a better title than that which the seller has. This basic rule has been embodied in section 21(1).

Strict adherence to the basic rule would protect & preserve property so that no one can give a better title than himself has despite the rule, however, it must be emphasied that the sellers either fraudulently allowed innocent third parties to deal with such seller in respect of those goods for value.

Lord denning elucidated this in the case of bishopgates motor finance corp v. transport blakes ltd. This principle was also illustrated in the classical case of Hollins v. fowler. It must further be noted that s.21 of the sale of goods act, provides that a seller is under a duty to transfer a good title to the purchaser and failure to do so would lead to a breach. For a third party to succeed against the original owner, he must show the following:

i. He had taken the goods in good faith and for value
ii. He had no knowledge or notice that anyone else had a better title than the person form whom he was purchasing the goods.

EXCEPTION TO THE BASIC RULE

  1. AGENCY: the very wordings of s.21(1) provides for this exception i.e where a person sells goods under the authority of the owner, he can pass a good title. Such authority may be implied, express, or apparent.
  2. ESTOPPEL: the wording of s.21(1) further adds to this exception when it stated “… unless the owner of the goods is by his conduct precluded from denying the seller’s authority to sell”. Thus, an owner can be estopped from denying the seller’s authority to sell where by his words he represents to the buyer that the person in possession of the property was either the true owner or had authority to sell. Thus, in Henderson & co v. Williams, the real owner was estopped from denying the seller’s right to sell since had been held out to be real owner. Estopped can be divided into various types: these are
    i. Estopped by representation
    ii. Estopped by negligence
  3. MERCHANTILE AGENT: although the SGA makes no specific reference to merchant agents s.21(2)(a) cover it by implication by stating that nothing the act is to affect the provisions of the factors act 1889. S.21(1) of the factors act 1889 provides that “where a merchantile agent is the consent of the owner in possession of goods any sales or pledge made by him when acting in the ordinary course in business… shall be valid as if he were expressly authorized by the owner”.
  4. MARKET OVERT: s.22 of the act provides that where goods are sold in the market overt according to the usage of the market, the buyer acquires a good title to the goods provided he buys them in good faith and without notice of any defect or want of title on the part of the seller. A market overt has been defined as an open, public & legally constituted market where people buy and sell openly as opposed to shop outside the market. This is evident in mbanugo v. UAC of nig.
  5. SALE UNDER VOIDABLE TITLE: s.23 provides that “where the seller has a voidable title thereto, but is title has not been avoided at the time of the sale, the buyer acquires a good title to the goods provided that he buys them in good faith”. Note that this section only applies to voidable title & not void ones. Thus, in philps v. brookes ltd, it was held that the pawn broker had a good title to the ring since the contract between the jeweler was good.

Other exceptions to the basic rule include: seller in possession, buyer in possession & writ of execution.


Contributed by: Abdulganiyu Ismail (AKA) Mastermind
Prepared and Written by: Ucheakonam Chijioke Joshua (CJ)

Power of Recovery of Possession of Goods (Commercial Law) NG

N.B. This article is particular to Nigeria.

Power of Recovery of Possession of Goods

The hire purchase act 1965, CAP H4 LFN 2004 was passed to regulate hire purchase transaction and it possesses 21 sections. It has been described as the hirer’s act as it is revolutionary and highly protective of the hirer.

Most of the injustices that has characterized the hire purchase system at common law were eliminated. Hire purchase is defined as the bailment of goods in pursuance of an agreement under which the bailee may buy the goods.

The act applies to hire purchase agreement and credit sales agreement of goods where the hire purchase price does not exceed 1000pounds. For hire purchase to be valid under the agreement, there must be a note or memorandum in writing setting out the terms of agreement and signed by the hirer.

HIRER’S RIGHT OF TERMINATION

The hirer has a right to determine the agreement after giving due notice in writing to the owner. This he can do at any time before the final installment falls due. The hirer must then pay

  1. The areas of payment due but which are unpaid at the date of termination.
  2. Any further amount necessary to complete payment of half the hire purchase price unless this has already been paid. This is provided for in section 8. The hirer will also pay damages if he has not taken reasonable care of the goods. According to section 8(2) on termination, the hirer must return the goods to the owner and make the payment stated. This is also evident in section 8(3) of the 1970 amendment. According to section 8(3) in any circumstances where:

    a. A hirer determines or has determined a hire purchase agreement under this section, he shall immediately upon the determination return the goods to the owner and settle all outstanding liabilities subject as prescribed in the foregoing provisions of this section, &
    b. (when amended). Section 8(4) also provides for the rights of the hirer to terminate apart from as provided in this section.

RECOVERY OF POSSESSION BY THE OWNER (SECTION 9)

The act prohibits the owner from enforcing a right to repossess otherwise than by action when relevant. Proportion of the hire purchase price has been paid or tendered unless he had himself terminated the agreement or the hiring as seen in section 9(1) & (3). Relevant proportion means in the case of goods other than motor vehicle (1/2) and in the motor vehicles (3/5) of hire purchase price as evident in section 9(4).

Once the relevant proportion, the owner can only recover possession by action. Failure to do this will lead to the determination of the hire purchase agreement and hirer or any guarantor can recover from the owner all sums already paid by them under the agreement without any deduction.

The hirer will sue for money had & received by the owner and the guarantor can recover any paid under any security given by him as in section 9(2).

Section 9(5) gives the owner a limited right to repossess the goods even though the relevant proportion has been paid. This right exists in the case of agreement relating to motor vehicles only. It arises only when three or more instalments are due and unpaid and only after the owner has commenced proceedings. That is the effect of the words “pending the determination of any action” in the sub section. Thus, if an action is not pending when the owner removes the vehicle, the act of the removal will be unlawful. This is illustrated in the case of tabansi agencies ltd v. incar motors (nig) ltd.

Except as provided from subsection (5) below, in the application of the foregoing provisions to motor vehicles where three or more instalments of the hire purchase price of a motor vehicle under the agreement and unpaid, the owner may removes the motor vehicle to any premises under his control for the purpose it from danger and retain it there pending the determination of any action and the owner shall be liable to the hirer for any damages or loss caused by the removal. This equivalent to section 2 of the hire purchase act (amendent) Decree no 23 of 1970.


Contributed by: Abdulganiyu Ismail (AKA) Mastermind
Prepared and Written by: Ucheakonam Chijioke Joshua (CJ)

Law of Attempt (Criminal Law) NG

N.B. This article is particular to Nigeria.

Law of Attempt

The interest of crime prevention would not be well served if a man intending to commit a crime were to be held innocent until he had actually committed the crime intended. Mere intentions is not criminal, however, where that intentions is put into effect, one maybe guilty even before he achieves his aim. Thus, it is an offence to commit an offence.

THE INTENT.

The prosecution must prove that the accused intended to commit the offence which he is alleged to have attempted. Thus in R. V. Seidu, the accused could not be guilty of attempting to commit rape because he did not intend sexual penetration. This is evident also in R. V. Offiong.

Since section 4 requires prove of intent to commit an offence, it is arguable that the rule of ignorance is not an excuse is excluded by necessary implications. It should be noted that a man cannot be convicted of attempting an offense of strict liability unless he consciously intended it.

THE ACTUS REUS

What sort if act constitutes an actus reus? The question must be approached with caution. Section 4c.c in effect requires 3 elements for the actus reus of attempt.

  1. That the accused has begun to put his intentions into execution
  2. That he has not fulfilled his intentions to such an extent as to commit the crime.
  3. That his intentions be made manifest by some overt act.

English law draws a distinction between preparation to commit an offence & an attempt. The former not usually being sufficient to ground liability, though in certain cases it might be expressly declared to be enough.

In R. V. Button, the accused entered for an athletic meeting and filled in the entry form falsely. It was held that he was guilty of attempt to obtain by false pretense.

In R. V. Robison, on the other hand, a jeweler, tied himself up and pretended that his shop had been burgled. His aim was to collect the insurance money but was arrested before-hand. It was held that There was no attempt.

However, none of this takes us close towards a general theory of attempt. As parke B in R. V. Eagelton stated “some acts is required & we do not think that all acts towards committing a misdemeanor is indictable”

This statement was approved in R v. Robison & applied by the northern high court of appeal in Orija V. IGP. The currently most favored test if attempt is that of Mr. Turner in Orija’s case. Smith J. Describes it as being more practical than that in Eagleton

This is described as the Equivocality test. Turner later modified the test as it was too narrow.

ATTEMPT BY OMMISSION

Section 4 only talks about intention being manifested by overt act. But presumably, it would be possible to convict for an attempted criminal omission, at least where the crime was one of intentions.

ATTEPMTING THE IMPOSSIBLE

It is immaterial in a conviction for an attempt which by reasons unknown to the offenders is impossible to be committed. Thus, a man is only guilty of an attempt if he puts his hands into an empty pocket to steal. If the impossibility is a legal impossibility, then there is no attempt. E,g an infant of seven years cannot legally steal.

Whatever doubts may exist on this matter have been resolved by the house of lords in Haugton V. Smith overruling the decision in R. V. Ring.

ATTEMPT TO PROCURE

If anyone procures another to commit a crime, and that person agrees, then there is a criminal conspiracy. If the act is committed, the procurer is guilty as the principal offender even though the committer of the act be not criminally responsible as provided in Section 513c.c


Contributed by: Abdulganiyu Ismail (AKA) Mastermind
Prepared and Written by: Ucheakonam Chijioke Joshua (CJ)