Section 416-422 Penal Code (Northern States) Federal Provisions Act

Section 416, 417, 418, 419, 420, 421, and 422 of the Penal Code Act is under Chapter XXVII of the Act. The chapter is titled “Sedition”.

Section 416 Penal Code Act

Inciting disaffection to the Government

Whoever by words, either spoken or reproduced by mechanical means or intended to be read, or by signs or by visible representation or otherwise excites or attempts to excite feelings of disaffection against the person of the President or the Governor of a State, or against the Government, or the Constitution, or any State thereof or against the administration of justice in Nigeria or any State thereof, shall be punished with imprisonment for a term which may extend to seven years or with fine or with both.

Explanation 1 – The expression “disaffection” includes disloyalty and all feelings of enmity.

Explanation 2 – Comments expressing disapprobation of the measures of the Government of the Federation or of any State Government of Nigeria with a view to obtaining their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

Explanation 3 – Comments expressing disapprobation of the administrative or other action of the Government of the Federation or any State Government of Nigeria without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

Section 417 Penal Code Act

Exciting hatred between classes

Whoever, seeks to excite hatred or contempt against any class of persons in such a way as to endanger the public peace, shall be punished with imprisonment for a term which may extend to three years or with fine or with both.

Section 418 Penal Code Act

Publication of false news with intent to cause offence against the public peace

Whoever circulates, publishes or reproduces any statement, rumour or report which he knows or has reason to believe to be false with intent to cause or which is likely to cause fear or alarm to the public whereby any person may be induced to commit an offence against the public peace, shall be punished with imprisonment which may extend to three years or with fine or with both.

Section 419 Penal Code Act

Possession of seditious articles

Whoever has in his possession without lawful excuse, the proof of which shall lie on him, any book, pamphlet, paper, gramophone record, tape recording, drawing, printing, photograph, cinema film or other visible or audible representation or reproduction, the publication or exhibition of which would constitute an offence under section 416, 417 or 418 of this Chapter, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

Section 420 Penal Code Act

Power to prohibit importation of publications

(1) The Minister charged with responsibility for such matters may, if he is of opinion that the importation or any publication would be contrary to the public interest, by order prohibit the importation of such publication.

(2) If such 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 in 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 made 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 (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.

Section 421 Penal Code Act

Punishment for importation of prohibited publications

Whoever intentionally imports, publishes, sells, distributes or reproduces or has in his possession any publication the importation of which has been prohibited under section 420 of this Chapter or any extract therefrom, shall be punished with imprisonment which may extend to three years or with fine or with both.

Section 422 Penal Code Act

Unlawful drilling

Whoever without the permission of the President, instigates, practises, takes part in or is concerned in any exercise, movement, evolution or drill of a military nature shall be punished with imprisonment which may extend to seven years or with fine or with both.

Section 410-415 Penal Code (Northern States) Federal Provisions Act

Section 410, 411, 412, 413, 414, and 415 of the Penal Code Act is under Chapter XXVI of the Act. The chapter is titled “Offences against the state”.

Section 410 Penal Code Act

Treason

(1) Whoever levies war against the State, in order to intimidate or overawe the President, commits treason.

(2) Nothing in this section shall prevent any act from being treason which is so by the law of England as in force in Nigeria.
*The numbering is consecutive with that of the Penal Code of the Northern State.

Section 411 Penal Code Act

Punishment for treason

Whoever commits treason shall be punished with death, and whoever attempts or abets treason shall be
punished with imprisonment for life or for any less term or with fine or with both.

Section 412 Penal Code Act

Treasonable crimes

(1) Whoever intends-
(a) to remove otherwise than by constitutional means during his term or office-
(i) the President of the Federal Republic; or
(ii) the Governor of any State of the Federal Republic;

(b) to levy war against Nigeria or any part of the Federation in order by force or constraint to compel the President or the Governor of a State as the case may be, to change his measures or counsels, or in order to put any force or constraint upon or to intimidate or overawe either House of the National Assembly or, as the case may be, the House of Assembly of a State; or

(c) to instigate any person not a national of Nigeria to make an armed invasion o Nigeria or any part thereof, and manifests such intention by an overt act, shall be punished with imprisonment for life or any less term and shall also be liable to fine.

(2) A person charged with any of the offences specified 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 413 Penal Code Act

Inciting to mutiny

Whoever-
(a) seduces any person serving in the armed forces or the police force from his duty of allegiance to the State;
(b) incites any such person to commit an act of mutiny, shall be punished with imprisonment for life or for any less term and also be liable to fine.

Section 414 Penal Code Act

Causing disaffection among soldiers, police or prison officers

(1) Whoever causes or does any act calculated to cause disaffection amongst persons serving as-
(a) members of the armed forces of Nigeria; or
(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, shall be punished with imprisonment which may extend to three years or with fine which may extend to N600 or with both.
(2) For the purposes of this section the expression “prison officer” shall have the same meaning as in subsection (1) of section 19 of the Prisons Act.

Section 415 Penal Code Act

Assisting or allowing escape of prisoners of war

Whoever intentionally aids an enemy of the State, being a prisoner of war in Nigeria, whether such prisoner is confined in 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, shall be punished with imprisonment for life or for any less term and shall also be liable to fine, and whoever negligently or
unlawfully permits the escape of any such prisoner shall be punished with imprisonment which may extend to two years or with fine or with both.

Arrangements of Sections

1. Short title

This Act may be cited as the Penal Code (Northern States) Federal Provisions Act.

2. Interpretation

In this Act, unless the context otherwise requires-
“Northern States” means the States of Nigeria formerly known as Northern Region of Nigeria.

3. Application of provisions of Schedule as Law of Northern States

(1) The provisions contained in the Schedule to this Act shall apply in respect of the
Northern States and shall be read as the law of that territory and as such form part of the Penal Code contained in the Schedule to the Penal Code Law, 1959, of the
Northern States (hereinafter referred to as the Penal Code of the Northern States).
[Schedule.]
(2) The provisions of Chapter I to Chapter VI of the Penal Code of the Northern
States, shall apply in respect of the provisions of the Schedule to this Act as fully as
though the provisions of such Chapters were enacted in this Act.

4. Punishment of offences in Schedule committed in Northern States.

Punishment of offences in Schedule committed in Northern States
Every person shall be liable to punishment under the provisions of section 3 of this
Act and of the Schedule to this Act for every act or omission contrary to the
provisions of the Schedule to this Act of which he is guilty within the Northern States:
Provided that a sentence of caning shall not be passed in accordance with section 77
of the Penal Code of the Northern States except in a case where a sentence of
whipping could have been passed in accordance with section 18 of the Criminal Code
or section 387 of the Criminal Procedure Act.
[Cap. C38. Cap. C41.]

5. Circumstances in which provisions of Schedule apply.

Circumstances in which provisions of Schedule apply
(1) Where by the provisions contained in the Schedule to this Act, the doing of any
act or the making of an omission is made an offence, those provisions shall apply to
every person who is in the territory at the time of his doing the act or making the
omission.
[Schedule.]
(2) Where any such offence comprises several elements and any acts, omissions or
events occur which, if they all occurred in the Northern States would constitute an
offence, and any of such acts, omissions or events occur in the Northern States,
although the other acts, omissions or events, which if they occurred in the Northern
States would be elements of the offence, occur elsewhere than in the Northern States
then—
(a) if the act or omission, which in the case of an offence committed
wholly in the Northern States would be the initial element of the offence, occurs in the Northern States, 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 occurred in the Northern State; and
(b) if that act or omission occurs elsewhere than in the Northern States and
the person who does that act or makes that omission afterwards enters the Northern
States, he is by such entry 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 Northern States and he had been in the Northern States when it occurred.

(3) Notwithstanding the provisions of subsection (2) of this section it shall be a
defence to the charge in any such case to prove that the person accused did not intend that the act or omission should have effect in the Northern States.

(4) The provisions of subsection (2) of this section shall not extend to a case in which
the only material event that occurs in the Northern States is the death of a person
whose death is caused by an act or omission at a place outside, and at a time when
that person was outside, the Northern States.

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Nigerian Penal Code (Northern States) Federal Provisions Act

CHAPTER P3 LAWS OF THE FEDERATION OF NIGERIA, L.F.N. 2004

Arrangement of Sections

Schedule: Arrangement Of Sections

Section 410-415 [CHAPTER XXVI: Offences against the State]

Section 410 Nigerian Penal Code Act – Treason

Section 411 Nigerian Penal Code Act – Punishment for treason

Section 412 Nigerian Penal Code Act – Treasonable crimes

Section 413 Nigerian Penal Code Act – Inciting to mutiny

Section 414 Nigerian Penal Code Act – Causing disaffection among soldiers, police or prison officers

Section 415 Nigerian Penal Code Act – Assisting or allowing escape of prisoners of war

Section 416-422 [CHAPTER XXVII: Sedition]

Section 416 Nigerian Penal Code Act – Inciting disaffection to the Government

Section 417 Nigerian Penal Code Act – Exciting hatred between classes

Section 418 Nigerian Penal Code Act – Publication of false news with intent to cause offence against the public peace

Section 419 Nigerian Penal Code Act – Possession of seditious articles

Section 420 Nigerian Penal Code Act – Power to prohibit importation of publications

Section 421 Nigerian Penal Code Act – Punishment for importation of prohibited publications

Section 422 Nigerian Penal Code Act – Unlawful drilling

Section 423-425 [CHAPTER XXVIII: Customs offences]

Section 423 Nigerian Penal Code Act – Smuggling or rescuing goods under arms

Section 424 Nigerian Penal Code Act – Smuggling under arms or in disguise

Section 425 Nigerian Penal Code Act – Assembling for the purpose of smuggling

Section 426-427 [CHAPTER XXIX: Offences relating to copyright]

Section 426 Nigerian Penal Code Act – Making or dealing in copies of copyright work

Section 427 Nigerian Penal Code Act – Being in possession of plate for making copies: giving unauthorised performances of copyright work

Section 428-431 [CHAPTER XXX: Offences relating to ships and wharves]

Section 428 Nigerian Penal Code Act – Definitions

Section 429 Nigerian Penal Code Act – Offences relating to ships

Section 430 Nigerian Penal Code Act – Entering ship or wharf without ticket

Section 431 Nigerian Penal Code Act – Interfering with navigation works

Section 432-439 [CHAPTER XXXI: Offences relating to coin and notes]

Section 432 Nigerian Penal Code Act – Coin and note defined

Section 433 Nigerian Penal Code Act – Counterfeiting coin or notes

Section 434 Nigerian Penal Code Act – Making or selling instrument for counterfeiting coin or notes

Section 435 Nigerian Penal Code Act – Possession of instrument or material for counterfeiting

Section 436 Nigerian Penal Code Act – Import or export of counterfeit coin or notes

Section 437 Nigerian Penal Code Act – Fraudulently diminishing weight or altering composition of coin

Section 438 Nigerian Penal Code Act – Delivery of coin or note possessed with knowledge that it is counterfeit

Section 439 Nigerian Penal Code Act – Possession of coin or note by person who knew it to be counterfeit when he became possessed thereof

Section 440-448 [CHAPTER XXXII: Offences relating to revenue stamps]

Section 440 Nigerian Penal Code Act – Revenue stamp defined

Section 441 Nigerian Penal Code Act – Counterfeiting revenue stamp

Section 442 Nigerian Penal Code Act – Having possession of instrument or material for counterfeiting revenue stamp

Section 443 Nigerian Penal Code Act – Making or selling instrument for counterfeiting revenue stamp

Section 444 Nigerian Penal Code Act – Import, export, use or sale of counterfeit revenue stamps

Section 445 Nigerian Penal Code Act – Having possession of counterfeit revenue stamp

Section 446 Nigerian Penal Code Act – Effacing writing from substance bearing revenue stamp, or removing from document a stamp used for it, with intent to cause loss

Section 447 Nigerian Penal Code Act – Using revenue stamp known to have been used before

Section 448 Nigerian Penal Code Act – Erasure of mark denoting that revenue stamp has been used

Section 449-452 [CHAPTER XXXIII: Offences relating to weights and measures]

Section 449 Nigerian Penal Code Act – Fraudulent use of false instrument for weighing

Section 450 Nigerian Penal Code Act – Fraudulent use of false weight or measure

Section 451 Nigerian Penal Code Act – Being in possession of false weight or measure

Section 452 Nigerian Penal Code Act – Making or selling false weight or measure

Section 453-468 [CHAPTER XXXIV: Offences relating to posts and telecommunications]

Section 453 Nigerian Penal Code Act – Definitions

Section 454 Nigerian Penal Code Act – Paper and dies for postage stamps

Section 455 Nigerian Penal Code Act – Paper for postal purposes

Section 456 Nigerian Penal Code Act – Stopping mails

Section 457 Nigerian Penal Code Act – Intercepting telegrams or postal matter

Section 458 Nigerian Penal Code Act – Misdelivery of postal matter

Section 459 Nigerian Penal Code Act – Retarding delivery of postal matter

Section 460 Nigerian Penal Code Act – Fraudulently removing stamps

Section 461 Nigerian Penal Code Act – Fraudulent evasion of postal laws

Section 462 Nigerian Penal Code Act – Unlawful franking of letters

Section 463 Nigerian Penal Code Act – Sending dangerous or obscene things by post

Section 464 Nigerian Penal Code Act – Illegally setting up of post office

Section 465 Nigerian Penal Code Act – Damaging post office, etc.

Section 466 Nigerian Penal Code Act – Placing injurious substances in or against letter box

Section 467 Nigerian Penal Code Act – Interference with telecommunications

Section 468 Nigerian Penal Code Act – Negligently injuring telecommunications

Section 469-473 [CHAPTER XXXV: Offences relating to railways and aircraft]

Section 469 Nigerian Penal Code Act – Intentionally endangering safety of persons travelling by railway

Section 470 Nigerian Penal Code Act – Obstructing and injuring railways

Section 471 Nigerian Penal Code Act – Damage to railway works

Section 472 Nigerian Penal Code Act – Obstructing aircraft

Section 473 Nigerian Penal Code Act – Trespass on aerodrome

Section 474-475 [CHAPTER XXXVI: Offences relating to mines and minerals]

Section 474 Nigerian Penal Code Act – Fraudulently dealing with minerals in mines

Section 475 Nigerian Penal Code Act – Attempt to injure mines

Section 476-477 [CHAPTER XXXVII: Deportation and passports]

Section 476 Nigerian Penal Code Act – Deportation of non-citizens of Nigeria

Section 477 Nigerian Penal Code Act – False statements in application for passports