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

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

Section 22-36 of the Nigerian Criminal Code Act

Section 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36 of the Nigerian Criminal Code Act is under chapter V of the Act. This chapter is titled Criminal Responsibility.

Section 22 of the Nigerian Criminal Code Act

Ignorance of law
Ignorance of the law does not afford any excuse for any act or omission which would otherwise
constitute an offence, unless knowledge of the law by the offender is expressly declared to be an
element of the offence.

Section 23 of the Nigerian Criminal Code Act

Bona fide claim of right
A person is not criminally responsible, as for an offence relating to property, for an act done or omitted
to be done by him with respect to any property in the exercise of an honest claim of right and without
intention to defraud.

Section 24 of the Nigerian Criminal Code Act

Intention: motive
Subject to the express provisions of this Code relating to negligent acts and omissions, a person is not
criminally responsible for an act or omission which occurs independently of the exercise of his will, or for
an event which occurs by accident.
Unless the intention to cause a particular result is expressly declared to be an element of the offence
constituted, in whole or part, by an act or omission, the result intended to be caused by an act or
omission is immaterial.
Unless otherwise expressly declared, the motive by which a person is induced to do or omit to do an act,
or to form an intention, is immaterial so far as regards criminal responsibility.

Section 25 of the Nigerian Criminal Code Act

Mistake of fact
A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the
existence of any state of things, is not criminally responsible for the act or omission to any greater
extent than if the real state of things had been such as he believed to exist.
The operation of this rule may be excluded by the express or implied provisions of the law relating to
the subject.

Section 26 of the Nigerian Criminal Code Act

Extraordinary emergencies
Subject to the express provisions of this Code relating to acts done upon compulsion or provocation or
in self‐defence, a person is not criminally responsible for an act done or omission made under such
circumstances of sudden or extraordinary emergency that an ordinary person possessing ordinary
power of self‐control could not reasonably be expected to act otherwise.

Section 27 of the Nigerian Criminal Code Act

Presumption of sanity
Every person is presumed to be of sound mind and to have been of sound mind at any time which
comes in question, until the contrary is proved.

Section 28 of the Nigerian Criminal Code Act

Insanity
A person is not criminally responsible for an act or omission if at the time of doing the act or making the
omission he is in such a state of mental disease or natural mental infirmity as to deprive him of capacity
to understand what he is doing, or of capacity to control his actions, or of capacity to know that he
ought not to do the act or make the omission.
A person whose mind, at the time of his doing or omitting to do an act, is affected by delusions on some
specific matter or matters, but who is not otherwise entitled to the benefit of the foregoing provisions
of this section, is criminally responsible for the act or omission to the same extent as if the real state of
things had been such as he was induced by the delusion to believe to exist.

Section 29 of the Nigerian Criminal Code Act

Intoxication
(1) Save as provided in this section, intoxication shall not constitute a defence to any criminal charge.
(2) Intoxication shall be a defence to any criminal charge if by reason thereof the person charged
at the time of the act or omission complained of did not know that such act or omission was wrong or
did not know what he was doing and‐
(a) the state of intoxication was caused without his consent by the malicious or negligent
act of another person; or
(b) the person charged was by reason of intoxication insane, temporarily or otherwise, at
the time of such act or omission.
(3) Where the defence under the preceding subsection is established, then in a case falling
under paragraph (a) thereof, the accused person shall be discharged, and in a case
falling under paragraph (b), sections 229 and 230 of the Criminal Procedure Act shall
apply.
(4) Intoxication shall be taken into account for the purpose of determining whether the
person charged had formed any intention, specific or otherwise, in the absence of which
he would not be guilty of the offence.
(5) For the purposes of this section, “intoxication” shall be deemed to include a state
produced by narcotics or drugs.

Section 30 of the Nigerian Criminal Code Act

Immature age
A person under the age of seven years is not criminally responsible for any act or omission.
A person under the age of twelve years is not criminally responsible for an act or omission, unless it is
proved that at the time of doing the act or making the omission he had capacity to know that he ought
not to do the act or make the omission.
A male person under the age of twelve years is presumed to be incapable of having carnal knowledge.

Section 31 of the Nigerian Criminal Code Act

Judicial officers
Except as expressly provided by this Code, a judicial officer is not criminally responsible for anything
done or omitted to be done by him in the exercise of his judicial functions, although the act done is in
excess of his judicial authority or although he is bound to do the act omitted to be done.

Section 32 of the Nigerian Criminal Code Act

Justification and excuse: compulsion
A person is not criminally responsible for an act or omission if he does or omits to do the act under any
of the following circumstances‐
(1) in execution of the law;
(2) in obedience of the order of a competent authority which he is bound by law to obey, unless
the order is manifestly unlawful;
(3) when the act is reasonably necessary in order to resist actual and unlawful violence
threatened to him, or to another person in his presence;
(4) when he does or omits to do the act in order to save himself from immediate death or
grievous harm threatened to be inflicted upon him by some person actually present and in a position to
execute the threats, and believing himself to be unable otherwise to escape the carrying of the threats
into execution,
but this protection does not extend to an act or omission which would constitute an offence punishable
with death, or an offence of which grievous harm to the person of another, or an intention to cause such
harm, is an element, nor to a person who has by entering into an unlawful association or conspiracy
rendered himself liable to have such threats made to him.
Whether an order is or is not manifestly unlawful is a question of law.

Section 33 of the Nigerian Criminal Code Act

Compulsion of husband
A married woman is not free from criminal responsibility for doing or omitting to do an act merely
because the act or omission takes place in the presence of her husband.
But a wife of a Christian marriage is not criminally responsible for doing or omitting to do an act which
she is actually compelled by her husband to do or omit to do, and which is done or omitted to be done
in his presence, except in the case of an act or omission which would constitute an offence punishable
with death, or an offence of which grievous harm to the person of another, or an intention to cause such
harm, is an element, in which case the presence of her husband is immaterial.

Section 34 of the Nigerian Criminal Code Act

No conspiracy between husband and wife alone
A husband and wife of Christian marriage are not criminally responsible for a conspiracy between
themselves alone.

Section 35 of the Nigerian Criminal Code Act

Offences by partners and members of companies with respect to partnership or corporate
property
A person who, being a member of a co‐partnership, corporation, or joint stock company, does or omits
to do any act with respect to the property of the co‐partnership, corporation, or company, which, if he
were not a member of the co‐partnership, corporation or company, would constitute an offence, is
criminally responsible to the same extent as if he were not such member.

Section 36 of the Nigerian Criminal Code Act

Liability of husband and wife for offences committed by either with respect to the other’s property
When a husband and wife of a Christian marriage are living together, neither of them incurs any criminal
responsibility for doing or omitting to do any act with respect to the property of the other, except in the
case of an act or omission of which an intention to injure or defraud some other person is an element,
and except in the case of an act done by either of them when leaving or deserting, or when about to
leave or desert, the other.
Subject to the foregoing provisions, a husband and wife are, each of them, criminally responsible for any
act done by him or her with respect to the property of the other, which would be an offence if they
were not husband and wife, and to the same extent as if they were not husband and wife.
But in the case of a Christian marriage neither of them can institute criminal proceedings against the
other while they are living together.
In this section, the term “property” used with respect to a wife means her separate property.

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Section 17,18,19,20,21 of the Nigerian Criminal Code Act

Section 17 to 21 of the Nigerian Criminal Code Act is under Chapter 4 of the Act, and titled ‘Punishments‘.

Section 17 of the Nigerian Criminal Code Act

Kinds of punishments
Subject to the provisions of any other written law, the punishments which may be inflicted under this
Code are death, imprisonment, caning, fine and forfeiture.
[1960 No. 30.]

Section 18 of the Nigerian Criminal Code Act

Caning for male persons under seventeen
Whenever a male person who, in the opinion of the court, has not attained seventeen years of age, has
been found guilty of any offence the court may, in its discretion, order him to be caned in addition to or
in substitution for any other punishments to which he is liable.

Section 19 of the Nigerian Criminal Code Act

Forfeiture of bribes
When any person is convicted of an offence under section 98, 98A, 98B, 99, 112, 117, 126, 128 or 494 of
this Code, the court may, in addition to or in lieu of any penalty which may be imposed, order the
forfeiture to the State of any property which has passed in connection with the commission of the
offence or, if such property cannot be forfeited or cannot be found, of such sum as the court shall assess
as the value of such property, and any property or sum so forfeited shall be dealt with in such manner as
the Governor may direct. Payment of any sum so ordered to be forfeited may be enforced in the same
manner and subject to the same incidents as in the case of the payment of a fine.
[1960 No. 30. 1966 No. 84. 1960 No. 30. L.N. 112 of 1964.]

Section 20 of the Nigerian Criminal Code Act

Forfeiture of property used in postal offences
When any person is convicted of an offence under section 170, 175, 177, 179, 180 or 183 of this Code,
the court may, in addition to or in lieu of any penalty which may be imposed, order the forfeiture of any
personal property which has been used in the commission of the offence or in respect of which the
offence has been committed and may order such property to be destroyed or otherwise dealt with as to
it may seem fit.

Section 21 of the Nigerian Criminal Code Act

Prerogative
Nothing in this Code affects the prerogative of mercy where exercised in accordance with the
Constitution of the Federal Republic of Nigeria.
[L.N. 112 of 1964. Cap. C23.]

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Section 10A-16 of the Nigerian Criminal Code Act

Section 10A, 11, 12, 13, 14, 15, 16 of the Nigerian Criminal Code Act is under Chapter 3 (Application of Criminal Law).

Section 10A of the Nigerian Criminal Code Act

10A. (1) In this Chapter-

“Federal law” means any Act enacted by National Assembly having effect with respect to the
Federation and any Act enacted before the 1st day of October, 1960, which under the Constitution of
the Federation has effect with respect to the Federation;

“law of a State” means any written law enacted by the House of Assembly of the State or having
effect as if it were enacted by the said House of Assembly;

“law” includes any order, rule of court, regulation or proclamation made under the authority of
such law.

Section 11 of the Nigerian Criminal Code Act

A person shall not be punished for doing or omitting to do an act of unless the act or omission
constituted an offence under the law in force when it occurred.

Section 12 of the Nigerian Criminal Code Act

Where by the provisions of any Federal law the doing of any act or the making of any omission is
constituted an offence those provisions shall apply to every person who is in Nigeria at the time of his
doing the act or making the omission.

With regard to such offences which are of such a nature that they comprise several elements, if any
acts or omissions or events actually occur, which, if they all occurred in Nigeria, would constitute an
offence, and any of such acts or omissions or events occur in Nigeria, although all pr some of the other
acts or omissions or events which, if they occurred in Nigeria, would be elements of the offence occur
elsewhere than in Nigeria; then-

(1) if the act or omission, which in the case of an offence wholly committed in Nigeria would be the
initial element of the offence, occurs in Nigeria, the person who does that act or makes that omission
is guilty of an offence of the same kind and is liable to the same punishment, as if all the subsequent
elements of the offence had occurred in Nigeria; and

(2) if that act or omission occurs elsewhere than in Nigeria, and the person who does that act or makes
that omission afterwards comes into Nigeria, he is by such coming into Nigeria guilty of an offence
of the same kind, and is liable to the same punishment, as if that act or omission had occurred in
Nigeria and he had been in Nigeria when it occurred.

But in any such case it is a defence to the charge to prove that the accused person did not intend
that the act or omission should have effect in Nigeria. This section does not extend to a case in
which the only material event that occurs in Nigeria is the death in Nigeria of a person whose death
is caused by an act, done or omitted to be done, at a place not in Nigeria and at a time when he was
not in Nigeria.

Section 12A of the Nigerian Criminal Code Act

(1) Where by the provisions of any law of a State the doing of any act or the making of any omission
is constituted an offence, those provisions shall apply to every person who is in the State at the time
of his doing the act or making the omission.

(2) With regard to any such offence which is of such a nature that it comprises several elements, if
any acts or omissions or events actually occur, which, if they all occurred in the State, would
constitute an offence, and any of such acts or omissions or events occur in the State, although all or
some of the other acts or omissions or events which, if they occurred in the State, would be elements
of the offence occur elsewhere than in the State, then-

(a) if the act or omission, which in the case of an offence committed wholly in the State would be
the initial element of the offence, occurs in the State, the person who does that act or makes that
omission is guilty of an offence of the same kind and is liable to the same punishment as if all
the subsequent elements of ,the offence had occurred in the State; and

(b) if that act or omission occurs else where than in the State, and the person who does that act or
makes that omission afterwards comes into the State, he is by such coming into the State guilty
of an offence of the same kind and is liable to the same punishment, as if that act or omission
had occurred in the State and he had been in the State when it occurred.

But in any such case it is a defence to the charge to prove that the Focused person did not
intend that the act or omission should have effect in the State. This subsection does not extend to
a case in which the only material event that occurs in the State is the death in the State of a
person whose death is caused by an act, done or omitted to be done, at a place not in the State
and at a time when he was not in the State.

Section 13 of the Nigerian Criminal Code Act

(1) Any person who, having while out of Nigeria procured another to do or omit to do in Nigeria an
act of such a nature that if he had himself done the act or made the omission in Nigeria, he would
have been guilty of an offence, afterwards comes into Nigeria, is by such coming into Nigeria guilty
of an offence of the same kind, and is liable to the same punishment, as if he himself had done the
act or made the omission in Nigeria.

Any person who, having while out of Nigeria counselled or procured the commission of an
offence which is actually committed in Nigeria, afterwards comes into Nigeria, is by such coming
into Nigeria guilty of an offence of the same kind, and is liable to the same punishment, as if he had
been in Nigeria when the offence was committed.

(2) In this section, “offence” means an offence against any Federal law.

Section 13A of the Nigerian Criminal Code Act

The provisions of section 13 shall apply in relation to Offences against a law of the State as they apply
in relation to offences against a Federal law but as if references to Nigeria were references to the State.

Section 14 of the Nigerian Criminal Code Act

Any person who while in Nigeria procures another to do an act or make an omission at a place not in
Nigeria of such a nature that, if he had himself done the act or made the omission in Nigeria, he would
have been guilty of an offence, and that, if he had himself done the act or made the omission, he would
have been guilty of an offence under the laws in force in the place where the act or omission is done or
made, is guilty of an offence of the same kind, and is liable to the same punishment, as if the act had
been done or the omission had been made in Nigeria.

Section 14A of the Nigerian Criminal Code Act

Any person who while in a State procures another to do an act or make an omission at a place not in
the State of such a nature that if he had himself done the act or made the omission in the State he would
have been himself guilty of an offence against a law of the State, and that, if he had done the act or made
the omission he would have been guilty of an offence under the laws of the place where the act or
omission is done or made, is guilty of an offence of the same kind, and is liable to the same punishment,
as if the act had been done or the omission had been made in the State.

Section 15 of the Nigerian Criminal Code Act

Members of the armed forces and of the police forces of Nigeria are subject to the special laws relating
to the forces to which they respectively belong, but are not exempt from the provisions of this code.

Section 16 of the Nigerian Criminal Code Act

(Repealed by No. 43 of 1945.)

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Credit: https://www.wipo.int/edocs/lexdocs/laws/en/ng/ng025en.pdf

Section 7-10 of the Nigerian Criminal Code Act

Section 7 to 10 of the Nigerian Criminal Code Act is titled ‘parties to offences‘.

Section 7 of the Nigerian Criminal Code Act

When an offence is committed, each of the following persons is deemed to have taken part in
committing the offence and to be guilty of the offence, and may be charged with actually committing it,
that is to say-

(a) every person who actually does the act or makes the omission which constitutes the offence;

(b) every person who does or omits to do any act for the purpose of enabling or aiding another
person to commit the offence;

(c) every person who aids another person in committing the offence;

(d) any person who counsels or procures any other person to commit the offence.

In the fourth case he may be charged either with himself committing the offence or with counselling
or procuring its commission. A conviction of counselling or procuring the commission of an offence
entails the same consequences in all respects as a conviction of committing the offence.

Any person who procures another to do or omit to do any act of such a nature that, if he had himself
done the act or made the omission, the act or omission would have constituted an offence on his part, is
guilty of an offence of the same kind, and is liable to the same punishment, as if he had himself done the
act or made the omission; and he may be charged with himself doing the act or making the omission.

Section 8 of the Nigerian Criminal Code Act

When two or more persons form a common intention to prosecute an unlawful purpose in conjunction
with one another, and in the prosecution of such purpose an offence is committed of such a nature that its
commission was a probable consequence of the prosecution of such purpose, each of them is deemed to
have committed the offence.

Section 9 of the Nigerian Criminal Code Act

When a person counsels another to commit an offence, and an offence is actually committed after such
counsel by the person to whom it is given, it is immaterial whether the offence actually committed is the
same as that counselled or a different one, or whether the offence is committed in the way counselled or
in a different way, provided in either case that the facts constituting the offence actually committed are a
probable consequence of carrying out the counsel.

In either case the person who gave the counsel is deemed to have counselled the other person to
commit the offence actually committed by him.

Section 10 of the Nigerian Criminal Code Act

A person who receives or assists another who is, to his knowledge guilty of an offence, in order to
enable him to escape punishment, is said to become an accessory after the fact to the offence.

A wife does not become an accessory after the fact to an offence of which her husband is guilty by
receiving or; assisting him in order to enable him to escape punishment; nor by receiving or assisting, in
her husband’s presence and by his authority, another person who is guilty of an offence in the
commission of which her husband has taken part, in order to enable that other person to escape
punishment; nor does a husband become accessory after the fact to an offence of which his wife is guilty
by receiving or assisting her in order to enable her to escape punishment.

In this section the terms “wife” and “husband” mean respectively the wife and husband of a Christian
marriage.

Credit: https://www.wipo.int/edocs/lexdocs/laws/en/ng/ng025en.pdf

Section 1-6 of the Nigerian Criminal Code Act

Section 1 to 6 of the Nigerian Criminal Code Act is titled Interpretation.

Section 1 of the Nigerian Criminal Code Act

(1) In this code, unless the context otherwise requires-

“brothel” means any premises or room or set of rooms in any premises kept for purposes of
prostitution;

“Christian marriage” means a marriage which is recognised by the law of the place where it is
contracted as the voluntary union for life of one man and one woman to the exclusion of all others;

“clerk” and “servant” include any person employed for any purpose as or in the capacity of a
clerk, or servant, or as a collector of money, although temporarily only, or although employed also
by other persons than the person alleged to be his employer, or although employed to pay as well as
receive money, and any person employed as or in the capacity of a commission agent for the
collection or disbursement of money or in any similar capacity, although he has no authority from
his employer to receive money or other property on his account;

“company” means an incorporated company;

“court”, “a court”, “the court”, include-

(a) the High Court and the Chief Judge and other judges of the High Court;

(b) a magistrate being engaged in any judicial act or proceeding or inquiry;

(c) an administrative officer being engaged in any judicial act or proceeding or inquiry;

(d) the Federal High Court and the Chief Judge and other Judges of that Court;

(e) the Court of Appeal and the President and the Justices thereof sitting together or separately;

(f) the Supreme Court, and the Justices thereof sitting together or separately;

“criminally responsible” means liable to punishment as for an offence; and

“criminal responsibility” means liability to punishment as for an offence;

“dangerous harm” means harm endangering life;

“dwelling-house” includes any building or structure, or part of a building or structure, which is
for the time being kept by the owner or occupier for the residence therein of himself, his family,
or servants, or any of them: it is immaterial that it is from time to time uninhabited:

A building or structure adjacent to, and occupied with, a dwelling- house is deemed to he part
of the dwelling-house if there is a communication between such building or structure and the
dwelling- house, either immediate or by means of a covered and enclosed passage leading from
the one to the other, but not otherwise;

“explosive substance” includes a gaseous substance in such a state of compression as to be
capable of explosion;

“grievous harm” means any harm which amounts to a maim or dangerous harm as defined in
this section, or which seriously or permanently injures health, or which is likely so to injure
health, or which extends to permanent disfigurement or to any permanent or serious injury to any
external or internal organ, member, or sense;

“harm” means any bodily hurt, disease, or disorder, whether permanent or temporary;

“have in possession” includes having under control in any place whatever, whether for the use
or benefit of the person of whom the term is used or of another person, and although another
person has the actual possession or custody of the thing in question;

“judicial officer” includes the Chief Judge and a Judge of a High Court a magistrate, the
President and Justices of the Court of Appeal, Chief Judge and Judges of the Federal High Court,
the Chief Justice of Nigeria and a Justice of the Supreme Court, and when engaged in any
judicial act or proceeding or inquiry, an administrative officer.

“knowingly” used in connection with any term denoting uttering or using, implies knowledge
of the character of the thing uttered or used;

“law officer” means the Attorney-General and the Solicitor-General of the Federation, and
includes the Director of Public Prosecutions and such other qualified officers, by whatever
names designated, to whom any of the powers of a law officer are delegated by law or necessary
intendment;

“local authority” means the Local Government Council of the Local Government Area;

“mail” includes any conveyance of any kind by which postal matter is carried, and also any
vessel employed by or under the Nigerian Postal Services Department, or the postal authority of
any other country, or the Admiralty, for the conveyance of postal matter, under contract or not,
and also a ship of war or other vessel in the service of the Federation in respect of letters
conveyed by it and also a person or animal used for the conveyance or delivery of postal matter;

“maim” means the destruction or permanent disabling of any external or internal organ,
member or sense;

“money” includes bank notes, bank drafts, cheques, and any other orders, warrants, or requests,
for the payment of money;

“Nigeria” means the Federal Republic of Nigeria;

“night” or “night time” means the interval between half past six o’clock in the evening and half
past six o’clock in the morning;

“officer of the Nigerian Postal Services Department” includes the Post Master General, and
every agent, officer, clerk, sorter, messenger, letter carrier, post boy, rider, or any other person
employed in the business of the post office, whether employed by the Civil Service Commission
of the Federation or any person on behalf of the post office;

“Order in Council” when used in connection with the terms Ordinance and Statute includes
any relevant Order in Council of the United Kingdom applicable to Nigeria;

“packet boat” means a post office packet and includes any other vessel so employed in
conveying postal matters by the Nigerian Postal Service Department;

“peace officer” includes any magistrate and any police officer of or above the rank of assistant
superintendent;

“person” and “owner” and other like terms, when used with reference to property, include
corporations of ’till kinds, and any other associations of persons capable of owning property; and
also, when so used, include the State;

“person employed by or under the Nigerian Postal Services Department” includes an officer of
the said Department and a telegraph official;

“person employed in the public service” means any person holding any of the following
offices, or performing the duties thereof, whether as deputy or otherwise-

(1) any civil office, the power of appointing a person to which or removing a person from which is
vested in the Civil Service Commission, or any Board; or

(2) any office to which a person is appointed by or under the Constitution of the Federal Republic of
Nigeria as amended or any enactment; or

(3) any civil office, the power of appointing to which or of removing from which is vested in any
person or persons holding an office of any kind included in either of the two last preceding subheads
of this section; or

(4) any office of arbitrator or umpire in any proceeding or matter submitted to arbitration by order or
with the sanction of any court, or in pursuance of any enactment; or

(5) a member of a commission of inquiry appointed under any Act or Law;
and the said term further includes-

(1) any justice of the peace;

(2) any person employed to execute any process of a court;

(3) all persons belonging to the military or police forces of Nigeria;

(4) all persons in the employ of any Government department;

(5) a person acting as a minister of religion of whatsoever denomination in so far as he performs
functions in respect of
the notification of intended marriage, or in respect of the solemnisation of marriage or in respect of
the making and keeping of any register or certificate of marriage, birth, baptism, death or burial, but
not in any other respect;

(6) a person employed by a head chief in connection with any powers or duties exercised or
performed by such chief under any Act or Law or with the consent of the President or a Governor;

(7) a person in the employ of a local authority;

(8) a person in the employ of a Local Government Council in connection with any powers or duties
exercised or performed by such Local Government Council and in respect of the duties for which the
employment actually exists;

“police officer” means any member of the police forces;

“postal matter” includes any letter, newspaper, packet, parcel, or other thing, authorised by law to
be transmitted by post, which has been posted or received at a post office for delivery or
transmission by post, and which is in course of transmission by post, and any movable receptacle
which contains any such thing, and which is in course of transmission by post;

A thing is deemed to be in course of transmission by post or telegraph from the time of its being
delivered to a post or telegraph office to the time of its being delivered to the person to whom it is
addressed:

A delivery at the house or office of the person to whom any postal matter or telegram is addressed,
either to him or to some person apparently authorised to receive it according to the usual manner of
delivering postal matter or telegrams addressed to him, is deemed a delivery to such first-named
person;

“postal matter bag” includes any bag, or box, or parcel, or other envelope or covering, in which
postal matter is conveyed, whether it does or does not contain postal matter;

“post office” and “telegraph office” respectively, include any structure room, place or receptacle,
of any kind, appointed in pursuance of the Nigerian Postal Services Department Act or, as the case
may be, of the Wireless Telegraphy Act for the receipt, despatch, or delivery, of any postal matter or
telegram, or for the transaction of the business of the department relating to posts and telegraphs; and
“telegraph office” includes any room or place used by a telegraph company for the receipt, despatch
or delivery of telegrams;

“property” includes everything, animate or inanimate, capable or being the subject of ownership;

“prostitution” (with its grammatical variations and cognate expressions) includes the offering by a
female of her body commonly for acts of lewdness for payment although there is no act or offer of
an act or ordinary sexual connection;

“public” refers not only to all persons within Nigeria, but also to the persons inhabiting or using
any particular place or any number of such persons, and also to such indeterminate persons as may
happen to be affected by the conduct with respect to which such expression is used;

“public place” includes any public way, and any building, place, or conveyance, to which for the
time being the public are entitled or permitted to have access, either without any conditions or upon
condition of making any payment, and any building or place which is for the time being used for any
public or religious meeting or assembly, or as an open court;

“public way” includes any highway, market place, square, street, bridge, or other way, which is
lawfully used by the public;

acts are done “publicly”-

(a) if they are so done in any public place as to he likely to be seen by any person, whether such
person be, or be not, in a public place; or

(b) if they are so done in any place, not being a public place, as to be likely to be seen by any
person in any public place;

“railway” includes every kind of way on which vehicles are borne upon a rail or rails, whatever
may be the means of propulsion;

“railway servant” means any person employed by a railway administration in connection with
the services of a railway;

“Statute” means a Statute of the Imperial Parliament which is in force in, or forms a part, of the
law of, Nigeria;

“telegram” means any message or other communication transmitted or intended for
transmission by telegraph, and includes a written or printed message or communication sent to or
delivered at a telegraph office or post office for transmission by telegraph, or delivered or
prepared for delivery from a telegraph office or post office as a message or communication
transmitted by telegraph for delivery;

“telegraph” means a wire or wires used for the purpose of telegraphic communications, with
any casing, coating, tube, or pipe enclosing the same, and any apparatus connected therewith, for
the purpose of telegraphic communications, and includes a telephone, and submarine cable: it
also includes any apparatus for transmitting messages or other communications by means of
electric signals, whether with or without the aid of wires;

“telegraph company” means any company, corporation or person, authorised under the
provisions of any Act to carry on the business of sending telegrams for the public;

“telegraph official” means any person employed in the Nigerian Postal Services Department or
by a telegraph company in and about the reception, transmission, and delivery of telegrams, or in
the construction, maintenance, or setting up of telegraphs;

“telegraph post” includes a post, pole, standard, stay, strut, or other above-ground contrivance
for carrying, suspending,or supporting, a telegraph, and also includes a tree used for a like
purpose;

“telegraph works” includes any wire insulator or telegraph post, and also any instrument,
furniture, plant, office, building, machinery, engine, excavation, work, matter, or thing of
whatever description, in any way connected with a telegraph;

“uncorroborated testimony” means testimony which is not corroborated in some material
particular by other evidence implicating the accused person;

“utter” includes using or dealing with, and attempting to use or deal with, and attempting to
induce any person to use, deal with, or act upon, the thing in question; valuable security”
includes any document which is the property of any person, and which is evidence of the
ownership of any property or of the right to recover or receive any property;

“vessel” includes a ship, a boat, and every other kind of vessel used in navigation either on the
sea or in inland waters;

“wound” means any incision or puncture which divides or pierces any exterior membrane of
the body; and any membrane is exterior, for the purposes of this definition, which can be
touched without dividing or piercing any other membrane.

Section 2 of the Nigerian Criminal code Act

An act or omission which renders the person doing the act or making the emission liable to punishment
under this code, or under any Act, or Law, is called an offence.

Section 3 of the Nigerian Criminal code Act

Offences are of three kinds, namely, felonies, misdemeanours, and simple offence.

A felony is any offence which is declared by law to be a felony, or is punishable, without proof of
previous conviction, with death or with imprisonment for three years or more.

A misdemeanour is any offence which is declared by law to be a misdemeanour, or is punishable by
imprisonment for not less than six months, but less than three years.

All offences, other than felonies and misdemeanours, are simple offences.

Section 4 of the Nigerian Criminal code Act

When a person, intending to commit an offence, begins to put his intention into execution by means
adapted to its fulfilment, and manifests his intention by some overt act, but does not fulfil his intention to
such an extent as to commit the offence, he is said to attempt to commit the offence.

It is immaterial, except so far as regards punishment, whether the offender does all that is necessary
on his part for completing the Commission of the offence, or whether the complete fulfilment of his
intention is prevented by circumstances independent of his will, or whether he desists of his own motion
from the further Prosecution of his intention.

It is immaterial that by reason of circumstances not known to the offender it is impossible in fact to
commit the offence.

The same facts may constitute one offence and an attempt to commit another offence.

Section 5 of the Nigerian Criminal Code Act

The expression “the offender may be arrested without warrant” means that the provisions of this code
relating to the arrest of offenders or suspected offenders without warrant are applicable to the offence in
question, either generally or subject to such conditions, if any, as to time, place, or circumstance, or as to
the person authorised to make the arrest, as, are specified in the particular case.

Except when otherwise stated, the fact that an offence is within the definition of a felony as set forth in
this code imports that the offender may be arrested without warrant.

The expression “the offender cannot be arrested without warrant” means that the provisions of this
code relating to the arrest of offenders pr suspected offenders without warrant are not applicable to the
offence in question, except subject to such conditions, if any, as to time, place, or circumstance, or as to
the person authorised to make the arrest, as are specified in the particular case.

Section 6 of the Nigerian Criminal Code Act

When the term “carnal knowledge” or the term “carnal connection” is used in defining an offence, it is
implied that the offence, so far as regards that element of it, is complete upon penetration.

“unlawful carnal knowledge” means carnal connection which takes place otherwise than between
husband and wife.

Credit: https://www.wipo.int/edocs/lexdocs/laws/en/ng/ng025en.pdf