CRIMINAL LAW OF LAGOS STATE
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LAGOS STATE CRIMINAL LAW
PART 1 – GENERAL PROVISIONS
CHAPTER 1 – Definition of Offence, Purpose, Guiding Principles and Scope of Application
1. Definition of offence
2. Purpose of this Law
3. Guiding principles for this Law
4. Application of general principles
5. Classification of offences
6. Civil remedies
7. Contempt of Court
8. Trial for offences under existing Law
9. Arrest with or without warrant
10. Effect of changes in law
11. Territorial basis of criminal jurisdiction
12. Offences procured, advised or counselled by persons outside the State
13. Offences procured, advised or counselled in the State to be committed outside the State
14. Armed Forces and the Police
CHAPTER 2 – Punishments and other disposition measures
15. Punishments and other disposition measures
CHAPTER 3 – Parties to Offences and Corporate Criminal Liability
16. Principal Offenders
17. Mode of execution immaterial
18. Offences committed in execution of a common intention
19. Accessories after the fact
20. Liability of Companies
CHAPTER 4 – Attempt to Commit Offences
21. Attempt to commit offences
CHAPTER 5 – Criminal Responsibility
22. Ignorance of the Law
23. Claim of right made in good faith
24. Fault as basis of liability
25. Mistake of fact
26. Presumption of mental soundness
27. Mental disorder
28. Peuperal Post Partum Psychosis
29. Intoxication
30. Immature age
31. Judicial officers
32. Justification and excuses
33. Extra-ordinary emergencies
34. Offences by partners and members of companies with respect to partnership or corporate property
PART 2 – OFFENCES AGAINST PUBLIC ORDER
CHAPTER 6 – Unlawful Oaths, Unlawful Drilling etc.
35. Unlawful oaths to commit capital offence
36. Other unlawful oaths to commit offence
37. Extent of a defence of compulsion
38. Unlawful drilling
39. Publication of false news with intent to cause fear and alarm to the public
CHAPTER 7 – Unlawful Societies
40. Definition of society and unlawful society
41. Managing an unlawful society
42. Offences relating to unlawful society
43. Presumptions relating to offences of unlawful society
CHAPTER 8 – Unlawful Assemblies: Breaches of the Peace
44. Unlawful assembly
45. Riot
46. Making proclamation for rioters to disperse
47. Dispersion of rioters after the making of proclamation
48. Preventing or obstructing the making of proclamation
49. Rioting after proclamation
50. Rioters demolishing or damaging buildings, machinery, railway etc.
51. Unlawful display of arms in public
52. Forcible entry
53. Forcible possession
54. Affray
55. Challenge to fight a duel
56. Threatening violence
57. Provoking breach of peace by offensive publication etc
PART 3 – OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE AND AGAINST PUBLIC AUTHORITY
CHAPTER 9 – Disclosure of Official Secrets and Removal of Document
58. Interpretation
59. Disclosure of official secrets
60. Public servant removing document
61. Wrongful communication of information
62. Offences relating to official documents
CHAPTER 10 – Corruption and Abuse of Office
63. Corruption by public official
64. Offering gratification to a public official
65. Acceptance of gift by agents etc
66. Restrictions on arrest and prosecution of judicial officers for official corruption
67. Meaning of “Public official” in section 63 and 64
68. Extortion by public officers
69. Public officers demanding property etc
70. Public officers interested in contracts
71. Officers charged with administration of property of a special character or with special duties
72. False claims by officials
73. Abuse of office
74. False certificates by public officers
75. Administering extra-judicial oaths
76. False assumption of authority
77. Impersonating members of Armed Forces or Police
78. Impersonating other public officers
79. Unlawfully wearing the uniform of the Armed Forces, etc
80. Selling or giving uniform to unauthorised persons
81. Bargaining for officers in Public Service
82. Unlawful Enrichment
83. Bribery in the private sector
CHAPTER 11 – Offences relating to the Administration of Justice
84. Definition of judicial proceedings
85. Perjury
86. Punishment for perjury
87. Evidence on charge of perjury
88. Fabricating evidence
89. Corruption of witnesses
90. Deceiving witnesses
91. Destroying evidence
92. Preventing witnesses from attending court
93. Bring false accusation
94. Conspiracy to bring false accusation
95. Punishment for bringing false accusation and conspiracy for bring false accusation
96. Making false statement to public officer with intent
97. Conspiracy and attempt to pervert justice
98. Concealing or failing to report felonies
99. Compounding penal actions
100. Advertising a reward for the return of stolen or lost property
101. Delay to take person arrested before a court
102. Bringing and defending fictitious actions
103. Inserting advertisement without authority of Court
104. Contempt of Court
CHAPTER 12 – UNLAWFUL RELEASE, ESCAPES, OBSTRUCTING OFFICERS OF COURTS
105. Unlawful Release from custody
106. Escape from lawful custody
107. Aiding prisoners to escape
108. Permitting escape
109. Negligently permitting escape
110. Unlawful release of mentally disordered persons
111. Removing property under lawful seizure
112. Obstructing officer of courts of justice
CHAPTER 13 – Miscellaneous Offence against Public Authority
113. False declaration as to execution of death sentence
114. False statements in application for public document
115. False statements and declarations
116. Shooting, firing and launching offensive weapons
117. Resisting public offices
118. Refusal by public officer to perform duty
119. Neglect of Peace Officer to suppress riot
120. Neglect to aid in suppressing riot
121. Neglect to aid in arresting offenders
122. Disobedience to Act, Law, or Regulation
123. Disobedience to lawful order issued by constituted authority
PART 4 – ACTS INJURIOUS TO THE PUBLIC IN GENERAL
CHAPTER 14 – Offences relating to Religious Worship
124. Insult to a religion
125. Offering violence to officiating ministers of religion
126. Disturbing religious worship
CHAPTER 15 – Trial by Ordeal, Witchcraft, Juju and Criminal Charms
127. Trial by ordeal
128. Directing unlawful trial by ordeal
129. Being present at, or making poison for, trial by ordeal
130. Offences in relation to witchcraft and juju
131. Permitting trial by ordeal and prohibited juju worship
132. Destruction of place where ordeal or prohibited juju worship is held
133. Criminal charms
CHAPTER 16 – Offences against Morality
134. Indecent acts
135. Indecent treatment of a child
136. Indecent practices
137. Defilement of a child
138. Householder permitting defilement of a child on his premises
139. Allowing a child to be in a brothel
140. Procuration
141. Abduction of a girl under eighteen years with intent to have sexual intercourse
142. Persons trading in prostitution
143. Keeping a brothel
144. Unlawful detention with intent to defile, or in a brothel;
145. Attempts to procure abortion
146. Attempt to procure own miscarriage
147. Supplying drugs or instruments to procure abortion
148. Knowledge of age immaterial
CHAPTER 17 – Obscene Publications
149. Test of obscenity
150. Prohibition of publication of obscene matter
151. Prohibition of obscene performance of plays
152. Power of search and seizure
153. Defence of public good
154. Interpretation
CHAPTER 18 – Gaming Houses and Betting Houses
155. Gaming houses
156. Betting houses
CHAPTER 19 – Nuisances and other Offences Against Public Health
157. Nuisances
158. Exposing for sale things unfit for food or drink
159. Adulteration of food or drink intended for sale
160. Adulteration of products
161. Dealing in diseased meat
162. Fouling water
163. Communicating infectious diseases to animals
164. Burials in houses
165. Misconduct with regard to corpses
166. Harmful acts
167. Use and sale of matches made with white phosphorus
CHAPTER 20 – Disorderly Persons, Bringing Contempt on Uniform
168. Disorderly persons
169. Bringing contempt on uniform
PART 5 – OFFENCES AGAINST THE PERSON AND OFFENCES RELATING TO PARENTAL RIGHTS AND DUTIES
CHAPTER 21 – Assault and Violence to the Person generally: Justification and excuses
170. Definition of assault
171. Unlawful assaults
172. Punishment for assault
173. Assaults occasioning harm
174. Serous assaults
175. Assault with intent to steal
176. Assaults on persons protecting wrecks
177. Execution of sentence
178. Execution of process
179. Execution of warrant
180. Sentence or process or warrant without jurisdiction
181. Arrest of wrong person
182. Irregular process or warrant
183. Force used in executing process or arrest
184. Peace officer preventing escape from arrest
185. Other cases of preventing escape from arrest
186. Preventing escape or rescue after arrest
187. Preventing a breach of the peace
188. Prevention of offences
189. Defence of Residence
190. Provocation
191. Defence of provocation
192. Prevention of repetition of insult
193. Self defence against unprovoked assault
194. Self defence against provoked assault
195. Aiding in self defence
196. Defence of movable property against trespassers
197. Defence of property with claim or right
198. Defence of property without claim of right
199. Defence of premises against trespassers; removal of disorderly persons
200. Exercise of right of way
201. Correction of child, apprentice, ward and employee etc
202. Use of force for preserving order on board a vessel
203. Medical abortion
204. Excessive force
205. Consent to death immaterial
CHAPTER 22 – Duties and Offences relating to the Preservation of Human Life
206. Duty to provide necessaries
207. Duty of head of family
208. Duty of masters
209. Duty of persons doing dangerous acts
210. Duty of persons in charge of dangerous things
211. Duty to do certain acts
212. Breach of contract of persons employed in certain services
CHAPTER 23 – Homicide; Suicide; Concealment of Birth; Unlawful Possession of Human Part
213. Definition of Killing
214. When a child becomes a human being
215. Unlawful killing of a human being
216. Death by acts done at childbirth
217. Causing death by threats
218. Acceleration of death
219. When injury or death might be prevented by proper precaution
220. Injury causing death in consequence of subsequent treatment
221. Unlawful homicide
222. Definition of murder
223. Punishment for murder
224. Involuntary manslaughter
225. Voluntary manslaughter by provocation
226. Voluntary manslaughter by consent
227. Voluntary manslaughter by excessive use of force
228. Diminished Responsibility
229. Punishment for manslaughter
230. Attempt to murder
231. Accessory after the fact to murder
232. Written threats to kill
233. Conspiring to murder
234. Aiding suicide
235. Attempting to commit suicide
236. Killing unborn child
237. Concealing the birth of children
238. Unlawful possession of human part
CHAPTER 24 – Offences Endangering Life or Health
239. Incapacitating in order to commit felony or misdemeanour
240. Acts intended to cause serious harm or prevent arrest
241. Preventing escape from wreck
242. Intentionally endangering safety of travellers
243. Maliciously administering poison with intent to harm
244. Attempting to injure by explosive substance
245. Grievous harm
246. Wounding and similar acts
247. Failure to supply necessaries
248. Endangering life or health of apprentices
249. Abandoning or exposing children
250. Setting mantrap
251. Reckless and negligent acts
252. Negligent acts causing harm
253. Sending unfit ferries into waterways
254. Endangering safety of persons travelling by railway
255. Endangering vessel used as means of transportation
256. Endangering vessel used as means of transportation by engineers
257. Evading laws as to shipping dangerous goods
258. Landing explosives
259. Sending dangerous or obscene things by post
CHAPTER 25 – Sexual Offences
260. Rape
261. Sexual Assault by Penetration
262. Attempt to commit rape and sexual assault by penetration
263. Sexual assault
264. Sexual Harassment
265. Causing a person to engage in sexual activity without consent
266. Meaning of consent
267. Bestiality
268. Abduction
269. Abduction from custody of parents
270. Ignorance of age or girl or consent, no defence
CHAPTER 26 – Offences against Liberty: Human Trafficking
271. Kidnapping
272. Deprivation of liberty
273. Compelling action by intimidation
274. Compelling action by assault
275. Concealment of matters affecting liberty
276. Human Trafficking and Contemporary Slavery
CHAPTER 27 – Offences relating to parental rights and duties
277. Child stealing
278. Desertion of children
279. Desertion of pregnant woman or girl
PART 6 – OFFENCES RELATING TO PROPERTY AND OCNTRACTS
CHAPTER 28 – Stealing and like offences
280. Definition of stealing
281. Things capable of being stolen
282. Special cases
283. Money received for another
284. Funds held under direction
285. Funds received by agents for sale
286. Stealing by persons having an interest in the thing stolen
287. Punishment for stealing
CHAPTER 29 – Offences Similar to Stealing
288. Concealing registers
289. Concealing wills
290. Concealing deeds
291. Killing animals with intent to steal
292. Fraudulently dealing with minerals in mines
293. Bringing Stolen Goods into the State
294. Fraudulent disposition of mortgaged goods
295. Fraudulent appropriation of power
CHAPTER 30 – Stealing with Violence: Extortion by Threats
296. Definition of robbery
297. Punishment for robbery
298. Punishment for attempted robbery etc.
299. Conspiracy to commit robbery
300. Definition of firearms and offensive weapons
301. Demanding property with menaces with intent to steal
302. Demanding property by written threats
303. Attempt to extort
304. Unlawful harassment of debtors
305. Procuring execution of deeds by threats
CHAPTER 31 – Burglary: Housebreaking and like Offences
306. Definitions
307. House breaking: burglary
308. Entering residence with intent to commit felony
309. Breaking into building and committing felony
310. Breaking into building with intent to commit a felony
311. Breaking into place of worship and committing felony
312. Persons found armed etc., with intent to commit felony
CHAPTER 32 – Obtaining Property by false pretences; Cheating
313. Definition of false pretence
314. Obtaining by false pretence
315. Obtaining credit by false pretences or other fraud
316. Other Related Offences
317. Use of premises
318. Fraudulent invitation
319. Receipt of fraudulent document by victim to constitute attempt
320. Possession of fraudulent document
321. Presumption as to false pretences in certain circumstances
322. Obtaining execution of a security by false pretences
323. Cheating
324. Cheating at Examination
325. Conspiracy to defraud
326. Frauds on sale or mortgage of property
327. Obtaining registration etc., by false pretence
CHAPTER 33 – Receiving Property Stolen or Property Fraudulently Obtained and Similar Offences
328. Receiving stolen or fraudulently obtained property, etc
329. Unlawful possession of arms, etc., belonging to Armed Forces or Police.
330. Having possession of thing reasonably suspected to have been stolen
331. Taking reward for recovery of property obtained by committing an offence
332. Money laundering
333. Transfer of Criminal proceeds to nominee
CHAPTER 34 – Frauds by Trustees and Officers of Companies and Corporations: False Accounting
334. Trustees, fraudulently disposing of trust property
335. Directors and officers of companies fraudulently appropriating property or keeping fraudulent accounts, or falsifying books or accounts
336. False statements by officials of companies
337. Fraudulent false accounting
338. False accounting by public officer
CHAPTER 35 – Damage to Property
339. Criminal damage to property
340. Unlawful Interference with property
341. Arson
342. Attempt to commit arson
343. Causing arson
344. Threatening damage to property
345. Unlawful acts concerning vessels etc
346. Attempts to commit unlawful acts concerning vessels etc
347. Obstructing and damaging roads, highways or railways
348. Unlawful conversion of public property
349. Injuring animals
350. Wilful damage to property in general
351. Special cases of wilful damage to property
352. Interfering with signals used for purposes of navigation
353. Interfering with navigation works
354. Removing boundary marks with intent to defraud
355. Wilful damage, etc., to survey and boundary marks
356. Unlawful sand dealing and dredging
357. Definition of sand dealing and dredging
358. Obstructing railways
359. Penalties for damage, etc., to railway works
360. Arrest without warrant
PART 7 – FORGERY AND ALLIED OFFENCES
CHAPTER 36 – Forgery in General: Definitions
361. Definitions
362. False documents
363. Definition of forgery
364. Certain matters immaterial
CHAPTER 37 – Punishment of Forgery and like Offences
365. Punishment for forgery in general
366. Using false documents and counterfeit seals
367. Using cancelled or exhausted documents
368. Using cancelled stamps
369. Procuring execution of documents by false pretences
370. Making documents without authority
371. Demanding property by means of forged testamentary instruments
372. Purchasing forged bank notes
373. Falsifying a warrant or voucher for money payable under public authority
374. Sending false certificate or marriage to registrar
375. False statements for the purpose of registers of births, deaths and marriages
CHAPTER 38- Preparation for Forgery
376. Instruments and materials used for forgery and counterfeiting
377. Unlawful inquiries relating to the possibility of forgery
378. Paper for postal purposes
379. Paper and dye for postage stamps
CHAPTER 39 – Impersonation
380. Impersonation in general
381. Falsely acknowledging deeds, recognisances etc
382. Impersonation of a person named in a certificate
383. Lending certificate for impersonation
384. Impersonation of person named in a testimonial or character
385. Lending testimonial for impersonation
CHAPTER 40 – Fraudulent Debtors
386. Fraudulent dealing with property by debtors
PART 8 – MISCELLANEOUS OFFENCES
CHAPTER 41 – Computer and electronic data misuse offences
387. Unauthorised access to computer material
388. Unauthorised access with intent to commit or facilitate commission of further offences
389. Unauthorised modification of computer material
390. Unauthorised modification of computer material with intent
391. Electronic data of public records
CHAPTER 42 – Specially aggravated offence
392. `Meaning of “specially aggravated offence”
393. `Punishment for specially aggravated offence
CHAPTER 43 – Cruelty to Animals
394. `Offences of cruelty
395. `Court may order destruction of animal
396. Court may deprive person of ownership
397. Power of Police to take charge of animal or vehicle
CHAPTER 44 – Offences in relation to Ferries and Jetties
398. Definitions
399. Offences in relation to ferries and ships
400. Entering ferry or ship without ticket
401. Power to exclude drunken person from ferry or ship
402. Offences by members of a crew
PART 9 – TERRORISM
CHAPTER 45 – Offences in relating to Terrorism
403. Offences in relation to Terrorism
404. Definition of Terrorism
PART 10 – PUNISHMENT FOR INCHOATE OFFENCES AND INTERPRETATION
CHAPTER 46 – Punishment for attempts
405. Attempts to procure commission of criminal acts
406. Punishment for attempts to commit felonies
407. Punishment for attempt to commit other offences
408. Reduction of punishment
409. Preparation to commit crimes with explosive etc
410. Neglect to prevent felony
CHAPTER 47 – Conspiracy
411. Conspiracy to commit felony
412. Conspiracy to commit other offence
413. Other Conspiracies
414. Conspiracy in trade dispute
CHAPTER 48 – Accessories after the Fact
415. Accessories after the fact to felonies
416. Accessories after the fact to misdemeanours
417. Accessories after the fact to simple offences
418. Interpretation
419. Repeal
420. Citation and Commencement
CHAPTER C17
CRIMINAL LAW
LAWS OF LAGOS STATE, NIGERIA
A LAW TO PROVIDE RULES ON CRIMINAL CONDUCT, REGULATE PUBLIC ORDER AND FOR CONNECTED PURPOSES.
[COMMENCEMENT] [8TH AUGUST, 2011]
THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:
Definition
1. (1) An act or omission which renders the person doing of offence. the act or making the omission liable to punishment or other measures under this Law, or any other Law or Regulation is an offence.
(2) The word “offence” may be used interchangeably with “crime” in this Law or any other Law or Regulation.
Purpose of this Law.
2. The purpose of this Law is to:-
(a) promote an orderly society;
(b) foster collective obligation and duty towards the preservation and protection of life and property including public property;
(c) forbid and deal with conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests;
(d) subject to public control, persons whose conducts indicate that they are disposed to committing offences;
(e) safeguard conduct that is without fault from condemnation as criminal;
(f) give fair warning of the nature of the conduct declared to be an offence; and
(g) differentiate on reasonable grounds between serious and minor offences.
Guiding principles for this law.
3. (1) The guiding principles underlying this law are –
(a) the need to balance the protection of private rights and public interest;
(b) the interest of justice; and
(c) the need to ensure that the sentence prescribed for an offence serves any of the following purpose:
(i) Rehabilitation;
(ii) Restoration;
(iii) Deterrence;
(iv) Prevention; and
(v) Retribution.
(2) The provisions of Sections 2 and 3(1) of this Law shall guide the interpretation and the application of the provisions of this Law and any other Law, or Regulations creating offences.
Application of general principles.
4. The provisions of this Chapter shall apply in relation to any offence under this Law, any other Law or Regulations and to all persons charged with any such offence.
Classification of offences.
5. (1) Offences are of three types namely felonies, misdemeanours, and simple offences.
(2) 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.
(3) 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.
(4) All offences, other than felonies and misdemeanours, are simple offences.
Civil remedies.
6. When by this Law any act is declared to be lawful, no action can be brought in respect of it, except where the lawfulness of the act is in question.
Contempt of court.
7. (1) Nothing in this Law shall affect the authority of Magistrates’ Court and Courts of Record to punish a person summarily for the offence known as contempt of Court.
(2) No person shall be punished under subsection (1) of this section and also be punished under the provisions of this Law for the same act or omission.
Trial for offences under existing law.
8. No person shall be tried or dealt with in any Court in the State for an offence except under the express provisions of this Law, any other existing Law or Regulations.
Arrest with or without warrant.
9. (1) The expression “the offender may be arrested without warrant” means that the provisions of this Law relating to the arrest of offenders or suspected offenders without warrant are applicable to the offence in question, either generally or subject to such 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.
(2) Except when otherwise stated, the fact that an offence is within the definition of a felony as provided in this Law imports that the offender may be arrested without warrant.
(3) The expression “the offender cannot be arrested without warrant” means that the provisions of this Law relating to the arrest of offenders or 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.
Effect of changes in law.
10. A person cannot be punished for doing or omitting to do an act unless the act or omission constituted an offence under the applicable law when it occurred.
Territorial basis of criminal jurisdiction.
11. (1)Where by the provisions of any law of the State, doing any act or making any omission constitutes an offence the provisions of this Law shall apply to every person who is in the State at the time of his doing the act or making the omission.
(2) Where an offence comprises of several elements and the initial element of the offence occurred in the State, the person who does the act or makes the omission is guilty of the offence and is liable to the same punishment or measures as if all the subsequent elements of the offence had occurred in the State.
(3) Where an offence comprises of several elements and the initial element of the offence occurred outside the State but the person who does an act or makes the omission that constitutes the elements of the offence afterwards comes into the State, he is, by such coming into the State, guilty of the offence and is liable to the same punishment as if that act or omission had occurred in the State, provided that an element of the offence actually occurred in the State.
(4) The provision of subsection (3) of this Section shall not apply to a case in which the only material event that occurs in the State is the death of a person caused by an act, done or omitted to be done, at a place not in the State.
Offences
12. (1)Any person who, while out of the State advises, procured, advised counsels or procures another to do or omit to do in or counselled by the State an act of such a nature that if he had himself persons outside done the act or made the omission in the State, he the State. would have been guilty of an offence, afterwards comes into the State, is by such coming into the State guilty of an offence of the same type, and is liable to the same punishment, as if he himself had done the act or made the omission in the State.
(2) Any person who, while out of the State counselled or procured the commission of an offence which is actually committed in the State, afterwards comes into the State is, by such coming into the State, guilty of an offence and is liable to the same punishment as if he had been in the State while the offence was committed.
Offences procured, advised or counselled in the State to be committed outside the State.
13. Any person who while in the State advises, counsels or 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 guilty of an offence against a law of the State, and that, if he had himself 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 type, and is liable to the same punishment, as if the act had been done or the omission had been made in the State.
Armed Forces
14. (1)Members of the Armed Forces and of the Police and Police of Nigeria are subject to the special laws relating the forces to which they respectively belong, but are not exempted from the provisions of this Law.
(2) Where an individual or group of individuals is charged under special laws, he/she should not be charged at the same time under this present law
CHAPTER 2 – Punishment and other disposition measures
Punishments
15. Subject to the provisions of any other law – and other disposition measures. (1) The punishments which may be inflicted under this Law are death, imprisonment, fine and forfeiture.
(2) Other disposition measures which may be ordered under this Law are compensation, restitution, community service orders, probation, curfew orders, binding-over orders, rehabilitation and correctional orders, victim-offender mediation and other restorative justice measures.
(3) When any person is convicted of an offence under this Law the court may, in addition to or in lieu of any punishment which may be imposed, order any of the disposition measures stated in sub-section (2).
(4) Where a body corporate is liable for an offence in respect of which a specific amount of fine is prescribed under this Law, the applicable fine shall be double the amount so prescribed for the offence.
CHAPTER 3 – Parties to Offences and Corporate Criminal Liability Principal
16. (1) When an offence is committed, each of the Offenders. 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:
(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 another person to commit the offence;
(c) every person who aids another person in committing the offence; or
(d) any person who advises, counsels or procures any other person to commit the offence.
(2) Any person who advises, counsels or procures another to do or omit to do any act of such a nature which if done by that person would not constitute an offence but which would have constituted an offence if done by the person himself 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 doing the act or making the omission.
Mode of execution immaterial.
17. (1) When a person advises or counsels another to commit an offence, and an offence is actually committed after such advice or counsel by the person to whom it is given, it is immaterial whether:-
(a) the offence actually committed is the same as that advised, counselled or a different one, or
(b) the offence is committed in the way advised or counselled or in a different way, provided that the facts constituting the offence actually committed are a probable consequence of carrying out the advice or counsel.
(2) Any person who gave the advice or counsel under subsection (1) of this Section is deemed to have advised or counselled the offence actually committed.
Offences 18.
When two or more persons form a common intention committed in to commit an offence, and in the execution of that offence, execution of a another offence is committed of such a nature that its common commission was a probable consequence of the first intention. mentioned offence; each of them is deemed to have committed the second offence.
Accessories
19. A person who receives or assists another who to his after the fact. knowledge has committed an offence, in order to enable him to escape arrest or prosecution is an accessory after the fact to the offence.
Liability of Companies.
20. (1)Where the context admits, a company shall be criminally responsible for an offence under this Law.
(2) An act or omission under this Law is that of a company where it is done or omitted to be done by its officer.
(3) In determining an officer whose conduct can be ascribed to the company for the purpose of corporate criminal liability, the court shall have regard to all the circumstances including the fact that the person has apparent or real authority to bind the company.
(4) Where a person who is not an officer within the meaning of subsection (3) of this section does any act or omission in the performance of his duty as an employee of a company, which act or omission amounts to an offence under this Law or any other Law and the company did not take steps to prevent the act or omission, the company shall be liable for any offence committed.
CHAPTER 4 – Attempt to commit offences
Attempt to 21. (1) When a person, intending to commit an offence, begins to commit offences. put his intention into execution by means adapted to its fulfilment, and manifests his intention by some overt act, but does not actually commit the offence, he is said to attempt to commit the offence.
(2) Except so far as regards punishment, on a charge for attempt, it is immaterial:-
(a) whether the offender does all that is necessary on his part for completing the commission of the offence; or
(b) whether the complete fulfilment of his intention is prevented by circumstances independent of his will; or
(c) whether he desists on his own initiative from the further prosecution of his intention.
(3) It is immaterial that by reason of circumstances not known to the offender, it is impossible in fact to commit the offence.
(4) The same facts may constitute one offence and an attempt to commit another offence.
(5) Any person who, attempts to commit a felony or misdemeanour is guilty of an offence, which unless otherwise stated, is a misdemeanour.
CHAPTER 5 – Criminal Responsibility
Ignorance of the Law.
22. 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.
(1) Where a defendant proves to the satisfaction of the court that he took reasonable steps to ascertain the position of the Law from the appropriate authority and he acted in accordance with the guidance provided by the appropriate authority, the court shall take that fact into consideration in imposing punishment.
Claim of right
23. (1) Subject to the provisions of Sections 52, 195 made in good and 196 of this Law, a person is not criminally faith. responsible 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 a claim of right made in good faith.
(2) A person relying on subsection (1) of this Section must have reasonable grounds for making the claim and the act or omission is a reasonable means of executing or protecting the claim of right.
Fault as basis
24. (1) Subject to the express provisions of this Law of liability. relating to negligent acts and omissions, a person is not criminally responsible for an act or omission, which:
(a) occurs independently of the exercise of his will, or
(b) for a result which occurs by accident.
(2) A result is accidental when it is not intended or when it is not reasonably foreseeable by a person of ordinary prudence as a probable consequence of the act that brings it about.
(3) 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.
(4) 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.
Mistake of fact.
25. (1) A person who by reason of a mistaken belief in a set of facts held in good faith does or omits to do an act, 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 existed.
(2) The operation of this rule may be excluded by the express or implied provisions of a Law relating to an offence.
Presumption of mental soundness.
26. Every person is presumed to be of sound mind, and to have been of sound mind at any relevant time until the contrary is proved.
Mental disorder.
27. (1) 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 disorder 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.
(2) For the purpose of this section, capacity implies ability to make a decision, to understand issues and information relevant to the decision, to retain the information, to weigh the information as part of the process of making the decision and to understand the consequences of the decision.
Peuperal or Post Partum Psychosis.
28. (1) A woman is not criminally responsible for any act or omission which causes the death of her child who is under the age of 12 months, if at the time of the act or omission the balance of her mind was disturbed by reason of:-
(a) depression as a result of childbirth- postpartum or puerperal psychosis; or
(b) previous history of depression or psychosis triggered by a re-occurrence because of childbirth or lactation/breast feeding.
(2) Where the trial judge after ordering a medical examination finds that the balance of her mind is still disturbed, he shall make an hospitalization order.
Intoxication.
29. (1) Subject to the provisions of this Section, intoxication shall not constitute a defence to any criminal charge.
(2) Intoxication shall be a defence to any criminal charge if 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 by reason of intoxication and the state of intoxication was caused without his consent by the malicious or negligent or accidental act of another person; or by the defendant to himself mistakenly.
(3) 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.
(4) For the purposes of this section “intoxication” shall be deemed to include a state produced by narcotics or drugs.
Immature age.
30. A person under the age of ten years is not criminally responsible for any act or omission.
Judicial officers.
31. Subject to provisions of this Law, a judicial officer is not criminally responsible for anything done or omitted to be done by him in the exercise of his judicial functions.
Justification
32. A person is not criminally responsible for an act or and excuses. 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 to the order of a competent authority which he is bound by Law to obey, unless the order is manifestly unlawful;
(3) when he does or omits to do the act in order to save himself from immediate death or grievous harm threatened to be inflicted on him by some person actually present and in a position to execute the threats, and believing himself to be unable to escape the execution of the threats:
(4) The provision of subsection (3) of this Section does not extend to:
(a) an act or omission which would constitute an offence punishable with death;
(b) an offence of which grievous harm to the person of another, or an intention to cause such harm is an element; or
(c) a person who has by entering into an unlawful association or conspiracy rendered himself liable to have such threats made to him.
(5) Whether an order is or is not manifestly unlawful is a question of law.
Extra-ordinary emergencies.
33. Subject to the express provisions of this Law relating to acts done on 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.
Offences by partners and members companies with respect to partnership or corporate property.
34. A member of a partnership, corporation or company who does or omits to do any act with respect to the property of the partnership, corporation or company which if he were not a member of such partnership, company or corporation would constitute an offence, is criminally responsible to the same extent as if he were not such a member.
PART 2 – OFFENCES AGAINST PUBLIC ORDER
CHAPTER 6 – Unlawful Oaths, Unlawful Drilling etc
Unlawful oaths to commit capital offences.
35. 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.
Other unlawful oaths to commit offences.
36. 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 following ways:
(a) to commit any offence not punishable with death, other than a simple offence;
(b) to disturb the public peace;
(c) to be of any association, society, or confederacy, formed for the purpose of doing any act stated in subsections(a) and (b) of this Section;
(d) not to inform or give evidence against any associate, confederate, or other person;
(e) 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 oath or engagement, as specified in subsection 1 of this Section not being compelled to do so; or
(3) attempts to induce any person to take any such oath or engagement as specified in subsection 1 of this Section, is guilty of a felony, and is liable to imprisonment for seven years.
Extent of a defence of compulsion.
37. (1) A person who takes any such oath or engagement mentioned in sections 35 and 36 of this Law cannot plead compulsion unless:
(a) within fourteen days after taking it, 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 a Peace 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.
(2) A person who takes any such oath or engagement mentioned in Sections 35 and 36 of this Law cannot plead compulsion unless if he being a person in active service in the Armed Forces of Nigeria or the Police Force, he declares either by information to a Peace Officer 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.
Unlawful drilling.
38. (1) Any person who:
(a) without the permission of the President or of the Governor trains or drills any other person to use arms or engage in the practice of military exercises, movements, or revolutions; or
(b) is present at any meeting or assembly of persons, held without the permission of the President or of the Governor for the purpose of training or drilling any other persons to use arms or engage in the practice of military exercises, movements, or revolutions;
is guilty of a felony, and is liable to imprisonment for fourteen years.
(2) The offender may be arrested without warrant.
Publication of false news with intent to cause fear and alarm to the public.
39. (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 to imprisonment for two years.
(2) It is not a 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 the publication or reproduction, he took reasonable measures to verify the accuracy of such statement, rumour or report.
CHAPTER 7 – Unlawful Societies
Definition of society and unlawful society.
40. (1) A society includes any combination of persons whether the society is known by any name or not.
(2) A society is an unlawful society if it is 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 the State or Nigeria; or
(b) killing or injuring or encouraging the killing or injuring of any person; or
(c) destroying or damaging or encouraging the destruction or damaging of any property; or
(d) subverting or promoting the subversion of the Government; or
(e) committing or inciting 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 State.
Managing an unlawful society.
41. 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.
Offences relating to unlawful society.
42. Any person who:
(a) is a member of an unlawful society; or
(b) knowingly allows a meeting 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.
Presumptions to offences of unlawful society.
43. (1) Any person who attends a meeting of an relating unlawful society shall be presumed until the contrary is proved, to be a member of the society.
(2) 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 the contrary is proved, to be a member of the society.
CHAPTER 8 – Unlawful Assemblies: Breaches of the Peace
Unlawful assembly.
44. (1) 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 disturb the peace, or will by such assembly provoke other persons to disturb the peace, they are an unlawful assembly.
(2) For the purpose of subsection (1) of this Section it is immaterial that the original assembling was lawful if, being assembled, they conduct themselves with a common purpose in the manner stated in sub-section (1) of this Section.
(3) An assembly of three or more persons for the purpose of protecting any building or persons inside the building is not an unlawful assembly.
(4) Any person who takes part in an unlawful assembly is guilty of a misdemeanour, and is liable to imprisonment for one year.
Riot.
45. (1) When persons who unlawfully assemble together begin to act in a disorderly manner as to disturb the peace, the assembly is called a riot, and the persons assembled are said to be involved in a riot.
(2) Any person who takes part in a riot is guilty of a felony, and is liable to imprisonment for three years.
Making proclamation rioters to
46. Any Magistrate or, in his absence, any police officer, of or above the rank of assistant superintendent, or any for commissioned officer of the armed forces of Nigeria in disperse. whose view a riot is being committed, or who reasonably believes 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 State in such form as he thinks fit, commanding the rioters or persons so assembled to disperse peaceably.
Dispersion of after rioters the making of proclamation.
47. If at the expiration of a reasonable time after a proclamation under Section 46 is made, or after the making of such proclamation has been prevented by force, twelve or more persons continue to riot, any person authorised to make proclamation, or any police officer, or any other person acting in aid of such person or police officer, may arrest the persons who refuse to disperse.
Preventing or the obstructing proclamation.
48. Any person who forcibly prevents or obstructs the making of proclamation mentioned in Section 46 of this making of Law, is guilty of a felony, and is liable to imprisonment for ten years.
Rioting after proclamation.
49. (1) 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 of 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.
(2) If the making of a proclamation referred to in section 48 of this Law is prevented, every person who, knowing that it has been so prevented, takes or continues to take part in the riot or assembly, is guilty of a felony and liable to imprisonment for five years.
Rioters demolishing or damaging buildings, machinery, railway, etc.
50. Any person involved in a riot, who unlawfully pulls down or destroys, damages or begins to pull down or destroy any building, railway, machinery or structure is guilty of a felony and each of them is liable to imprisonment for seven years.
Unlawful display
51. Any person who is armed with any dangerous or of arms in public. offensive weapon in public without lawful authority 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.
Forcible entry.
52. 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 two years.
Forcible possession.
53. Any person who, being in actual possession of land without a claim 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 two years.
Affray.
54. Any person who takes part in a fight in a public place is guilty of an offence, and is liable to imprisonment for six months.
Challenge to fight a duel.
55. 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 misdemeanour and is liable to imprisonment for one year.
Threatening Violence.
56. (1) Any person who:
(a) with intent to intimidate or annoy any person, threatens to break or damage a residential house; or
(b) with intent to alarm any person in a residential 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.
(2) If the offence under subsection (1) of this Section is committed in the night, the offender is guilty of a felony, and is liable to imprisonment for three years.
Provoking breach of peace by
57. (1) Any person who:
(a) in any manner or form publishes or offensive displays or offers to the public the pictorial publication etc. representation of any person living or dead in a manner likely to provoke any section of the community;
(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 and liable to a fine of Ninety Thousand Naira or to imprisonment for six months.
(2) The court convicting under sub-section (1) of this Section may order confiscation of any material (including records) used for purposes contemplated by this section, and of any instrument used in connection with the offence.
(3) It shall be a defence to any person charged under subsection (1) of this section that before the act, he made reasonable inquiry and he was unaware of the possibility that the item in question might be used for the purposes mentioned in subsection (1) of this Section.
(4) In this section:
(i) “pictorial representation” includes any photograph, artistic representation and electronically generated image and any plate or film, positive or negative;
(ii) “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 and includes the matrix, and cognate expressions shall have the like meaning;
(iii) “sounds” includes speech and mere noise.
PART 3
OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE AND AGAINST PUBLIC AUTHORITY
CHAPTER 9 – Disclosure of Official Secrets and Removal of Document
Interpretation.
58. In this Chapter unless the context otherwise requires:
(1) expressions referring to communicating or receiving include any communicating or receiving whether in whole or in part and whether the sketch, plan, model, article, note, document or information itself or the substance affected or description of it only be communicated or received;
(2) expressions referring to obtaining or retaining any sketch, plan, model, article, note, or document include the copying or causing to be copied the whole or any part of any sketch, plan, model, article, note or document; and
(3) expressions referring to the communication of any sketch, plan, model, article, note or document include the transfer or transmission of the sketch, plan, model, article, note or document;
(4) “document” includes part of a document or electronic document;
(5) “the Government” means the Government of the State;
(6) “model” includes design, pattern and specimen;
(7) “sketch” includes any photograph or other mode of representing any place or thing.
Disclosure of official secrets.
59. Any person employed in the public service, who 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 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 removing document.
60. Any person who, being employed in the public service, without proper authority removes, 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.
Wrongful communication information.
61. (1) If any person having in his possession or control any sketch, plan, model, article, note, of document or information which has been entrusted in confidence to him by any public officer of the State or which he has obtained or to which he has had access owing to his position as a person who is or has been a public officer of the State or as a person who holds or has held a contract made on behalf of the Government, or as a person who is or has been employed under a person who is or has been a public officer or holds or has held such a contract:
(a) communicates the sketch, plan, model, article, note, document or information to any person, other than the person to whom he is authorised to communicate it, or a person to whom it is, in the interest of the State, his duty to communicate it;
(b) uses the information in his possession in a manner prejudicial to the interest of the State;
(c) retains the sketch, plan, model, article, note or document in his possession or control when he has no right to retain it, or when it is contrary to his duty to retain it, or fails to comply with all directions issued by lawful authority with regard to the return or disposal of it; or
(d) fails to take reasonable care of, or so conducts himself as to endanger the safety of the sketch, plan, model, article, note, document or information;
is guilty of a misdemeanour, and liable to imprisonment for two years or to a fine of Three Hundred and Sixty Thousand Naira or to both imprisonment and fine.
(2) If any person receives any sketch, plan, model, article, note, document or information knowing or having reasonable ground to believe at the time when he receives it that the sketch, plan, model, article, note, document or information is communicated to him in contravention of this Chapter, he shall be guilty of an offence unless he proves that the communication to him of the sketch, plan, model, article, note, document or information was without his consent.
Offences relating to official documents.
62. (1) if any person-
(a) retains for any purpose prejudicial to the interest of the State any official document, whether or not completed or issued for use, when he has no right to retain it, or when it is contrary to his duty to retain it, or fails to comply with any directions issued by any Government department or any person authorised by such department with regard to the return or disposal of it; or
(b) allows any other person to have possession of any official document issued for his use alone, or without lawful authority or excuse has in his possession any official document issued for the use of some person other than himself, or on obtaining possession of any official document by finding or otherwise neglects or fails to restore it to the person or authority by whom or for whose use it was issued or to a police officer, is guilty of an offence, and liable to imprisonment for two years or to a fine of Three Hundred and Sixty Thousand Naira or to both such imprisonment and fine.
(2) In this section “official document” means an official document relating to the affairs of the State or in the custody of the Government.
CHAPTER 10 – Corruption and Abuse of Office
Corruption by public official
63. (1)Any public official who:
(a) asks for, receives or obtains any property or benefit of any kind for himself or any other person; or
(b) 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, is guilty of a felony and is liable to imprisonment for seven years.
(2) If in any proceedings for an offence under this section, it is proved that any property or benefit of any kind, or any promise, 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;
(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
(c) 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 on account of such a past or future act, omission, favour or disfavour as is mentioned in subsection (1)(a) or (b) of this Section.
(3) In any proceedings for an offence under this section to which subsection (1) (b) is relevant, it shall not be a defence to show that the defendant:
(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), 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 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 defendant believed that the offences under this Section or any other offence had been committed.
Offering Gratification to a public official.
64 (1) (a) Any person who intentionally promises, offers, gives or attempts to offer or give to a public official directly or indirectly any property or benefit of any kind for the official himself or herself or another person or entity, in order that he acts or refrains from acting in the exercise of his or her official duties; or
(b) Public official requesting for gratification
Any person being a public official who intentionally solicits, accepts, agrees, or attempts to receive or obtain directly or indirectly any property or benefit of any kind for himself or another person or entity, in order that he acts or refrains from acting in the exercise of his official duties, is guilty of a felony and is liable to imprisonment for seven years.
(2) In any proceedings for an offence under this section, it is immaterial that the defendant:
(i) did not act or refrain from acting in the exercise of his official duties; or
(ii) never intended to act or refrain from acting in the exercise of his official duties.
Acceptance of gift by agents etc.
65. (1)Any person who –
(a) being an agent accepts or obtains or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gift or consideration as an inducement or reward for doing or refraining from doing any act in relation to his principal’s affairs or business, or for showing or failing to show favour to any person in relation to his principal’s affairs or business; or
(b) gives or agrees to give or offers any gift or consideration to any agent as an inducement or reward for doing or refraining from doing, or for having after the commencement of this Law done or refrain to do, any act in relation to his principal’s affairs or business, or for showing or refraining from showing favour or disfavour to any person in relation to his principal’s affairs or business;
is guilty of a misdemeanour, and is liable to imprisonment for two years or to a fine of Three Hundred and Sixty Thousand Naira or both.
(2) For the purposes of this section, the expression “consideration” includes valuable consideration of any kind; the expression “agent” includes any person employed by or acting for another; and the expression “principal” includes an employer.
Restrictions on arrest and prosecution of judicial officers 66.
(1) A judicial officer cannot be arrested without a warrant for any offence under sections 63 and 64.
(2) No proceedings for an offence under sections 63 for official and 64 shall be instituted against a judicial officer corruption. except on a charge or information signed by or on behalf of the Attorney-General of the State.
(3) In this section “judicial officer” means:
(a) Judge
(b) a magistrate
(c) a member of a customary court;
(d) a member of a family Law court;
(e) an arbitrator ;
(f) a member of a tribunal of inquiry constituted under the Tribunals of Inquiry Law; and
(g) any person presiding over any proceedings in which evidence may be taken on oath.
Meaning of “public official” in Sections 63 and 64.
67. In sections 63 and 64 “public official’’ means any person employed in the public service or any judicial officer or any public officer as defined in the Constitution of the Federal Republic of Nigeria.
Extortion by public officers.
68. (1) Any public officer who takes or accepts from any person, for the performance of his duty any reward beyond his emoluments or any promise of such reward, is guilty of a felony and is liable to imprisonment for five years.
(2) In any proceedings under subsection 1 of this section, it is immaterial that it is not the official responsibility of the defendant to perform that duty, provided he represents that it is his responsibility to perform the duty
Public officers property, etc.
69. (1) Any public officer who takes advantage of his demanding employment in any of the following manner:
(a) demands or takes property from any person; (b) compels any person to sell any property at a price other than its fair market value;
(c) obtains lodging from and against the will of any person without payment or for inadequate payment; or
(d) compels, whether partially or wholly for his own profit, any person to work without payment or for inadequate payment, is guilty of a felony, and is liable to imprisonment for five years.
(2) Any person who, falsely represents himself by words, conduct, or otherwise, to be a person employed in the public service of the State, or of any other Government, or to be an agent of, or acting under the authority of the Government of the State, or of any other Government, unlawfully and in such assumed character:
(a) does any of the acts or things specified in subsection(1) of this Section; or
(b) compels or orders a person to hand any property over to any other person, whether such property does or does not rightly belong, or is or is not rightly due, to that other person, is guilty of a felony, and is liable to imprisonment for five years.
Public officers interested in contracts.
70. (1) Any public officer who knowingly acquires or holds, directly or indirectly, otherwise than as a member of a Public Limited Liability Company, 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.
(2) The offender under subsection (1) of this Section cannot be arrested without warrant.
Officers charged with administration of property with special duties.
71. Any public officer charged with any judicial or administrative duties with respect to property of a special character, or carrying on of any manufacture, trade or of a special business of a special character, who acquires directly or character or indirectly, a private interest in any such property, manufacture, trade or business is guilty of a misdemeanour, and is liable to imprisonment for one year.
False claims by officials.
72. Any public officer employed in a capacity as to require him or enable him to furnish returns or statements concerning 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 concerning 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.
Abuse of office.
73. Any public officer who intentionally fails or neglects to perform an act, or performs an act in violation of any written law, rule or regulation in the discharge of his functions, for the purpose of obtaining undue advantage for himself or for another person or entity is guilty of a felony and is liable to imprisonment for five years.
(1) Any public officer who 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 felony and liable to imprisonment for three years.
(2) The offender under subsections (1) and (2) of this Section cannot be arrested without warrant.
False certificates by public officers.
74. (1) Any public officer authorised or required by law to give any certificate concerning any matter, who gives a certificate which is, to his knowledge, false in any material particular, is guilty of a felony, and liable to imprisonment for three years.
(2) The offender under subsection (1) of this Section cannot be arrested without warrant.
Administering extra-judicial oaths.
75. (1) Any public officer who without lawful authority administers an oath, or takes a solemn declaration or affirmation or affidavit, concerning any matter, is guilty of a misdemeanour and is liable to imprisonment for one year.
(2) Sub-section (1) of 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; or 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
False assumption of authority.
76. (1) Any person who:
(a) not being a judicial officer, assumes to act as a judicial officer;
(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.
(2) The offender under subsection (1) of this Section cannot be arrested without warrant.
Impersonating members of Armed Forces or Police.
77. Any civilian who with intent that he may be taken to be a member of the Armed Forces of Nigeria or a member of the Police:
(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, is guilty of a felony and is liable to imprisonment for three years.
Impersonating other public officers.
78. Any person who:
(a) impersonates any public officer not being a member of the Armed Forces or Police on an occasion when the latter is required to do any act or attend any place by virtue of his employment; or
(b) falsely represents himself to be such public officer as mentioned in subsection (a) of this Section and assumes to do any act or to attend 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.
Unlawfully wearing the uniform of Armed Forces, etc.
79. (1) Any civilian who:
(a) wears the uniform or any part of the uniform of the armed forces or the Police, or any dress having the appearance or bearing any of the regimental or other distinctive marks of such uniforms; or
(b) not being a person holding any office or authority under the Government of Nigeria 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 a misdemeanour and is liable to imprisonment for two years unless he proves that he had the permission of the relevant authority to wear such uniform or dress, badge or mark or to carry such token.
(2) This section 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.
Selling or giving uniform authorised persons.
80. Any person who sells or gives any uniform, or part of a uniform, or any dress, badge or mark, mentioned in to unauthorised Section 79 of this Law to any person who is not to wear the same, is guilty of a felony and is liable to imprisonment for five years.
Bargaining for offices in public service.
81. (1) Any person who—
(a) asks, receives, obtains, 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 to be afterwards 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
(b) gives, confers, procures, promises or offers to give or confer, or to procure, attempt to procure, to, on, 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.
(2) The offender under subsection (1) of this Section cannot be arrested without warrant.
Unlawful Enrichment.
82. Any public official who:
(a) enriches himself so as to have a significant increase in his assets that he cannot reasonably explain the increase, in relation to his lawful income;
(b) retires, resigns or is dismissed from service and cannot reasonably explain the increase in relation to his lawful income; or
(c) after leaving office begins to derive economic benefits from favours he had conferred on third party or parties while in the office, is guilty of a felony, and is liable to imprisonment for seven years.
Bribery in the private sector.
83. Any person who:
(a) promises, offers, or gives, directly or indirectly, any undue advantage to any person who directs or works, in any capacity, in the private sector, for the person himself or for another person, in order that he acts or refrains from acting; or
(b) being in the private sector, solicits or accepts, directly or indirectly, any undue advantage from the person himself or for another person, in order that he acts or refrain from acting, is guilty of a felony and is liable to imprisonment for seven years.
CHAPTER 11 – Offences relating to the Administration of Ju
Definition of judicial proceedings.
84. In this Chapter, the term “judicial proceedings” includes any proceeding had or taken in or before any court, tribunal, commission of inquiry, or person, in which evidence may be taken on oath. Perjury. 85. (1) Any person who, in any judicial proceeding or for the purpose of instituting any judicial proceeding, knowingly gives false testimony concerning any matter which is material to any question intended to be raised in that proceeding, is guilty of the offence of perjury.
(2) It is immaterial whether the testimony is given on oath or under any other sanction authorised by Law.
(3) 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 assents to the forms and ceremonies actually used.
(4) It is immaterial whether:
(a) the false testimony is given orally or in writing; or
(b) 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; or
(c) person who gave the testimony is a competent witness or not, or whether the testimony is admissible in the proceeding or not.
(5) The offender under subsection (1) of this Section cannot be arrested without warrant.
Punishment for perjury
86. (1) Any person who commits perjury is liable to imprisonment for seven years.
(2) If the offender commits the offence of perjury in order to procure the conviction of another person for an offence punishable with death or with imprisonment for life, the offender is liable to imprisonment for life.
Evidence on charge of pejury.
87. A person cannot be convicted of committing perjury or of counselling or procuring perjury, on the uncorroborated testimony of one witness.
Fabricating Evidence.
88. (1) Any person who –
(a) with intent to mislead any court or tribunal in any judicial proceeding, fabricates evidence by any means other than perjury or counselling or procuring the commission of perjury; or
(b) knowingly makes use of such fabricated evidence is guilty of a felony, and is liable to imprisonment for seven years.
(2) The offender under subsection (1) of this Section cannot be arrested without warrant.
Corruption of Witnesses.
89. (1) Any person who—
(a) gives, confers or procures, or promises or offers to give, confer or to procure, or attempts to procure, any property or benefit of any kind to, on, or for, any person, on 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
(b) 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
(c) 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 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.
(2) The offender under subsection (1) of this Section cannot be arrested without warrant.
Deceiving witnesses.
90. (1) 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 seven years.
(2) The offender under subsection (1) of this Section cannot be arrested without warrant.
Destroying Evidence.
91. (1) 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 or renders it illegible or difficult to read or incapable of identification, with intent to prevent it from being used in evidence is guilty of a felony, and is liable to imprisonment for seven years.
(2) The offender under subsection (1) of this section cannot be arrested without warrant.
Preventing witnesses from attending court.
92. 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 as required by a subpoena or summons is guilty of a felony and is liable to imprisonment for three years.
Bringing false Accusation.
93. Any person who causes another to be charged with any offence, whether alleged to have been committed in the State or elsewhere, knowing that such person is innocent of the alleged offence, is guilty of a felony.
Conspiracy to bring false accusation.
94. Any person who conspires with any person or cause any person to be charged with an offence, whether alleged to have been committed in the State or elsewhere, knowing that such person is innocent of the alleged offence, is guilty of a felony.
Punishment for bringing false accusation and conspiracy for bringing false accusation.
95. (1) Any person who is guilty of an offence under sections 93 and 94 shall be liable-
(a) where the offence is such that any person convicted of it is liable to be sentenced to death or to imprisonment for life, to imprisonment for life;
(b) where the offence is such that any person convicted of it is liable to be sentenced to imprisonment, but for a term less than life, to imprisonment for fourteen years.
(c) in any other case, to imprisonment for seven years.
(2) The offender under subsection (1) of this section cannot be arrested without warrant.
Making false statement to public officer with intent.
96. 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 a misdemeanour and liable to imprisonment for one year
Conspiracy and attempt to pervert justice.
97. (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.
(2) The offender in subsection (1) of this Section cannot be arrested without warrant.
(3) Any person who attempts, in any way not specifically defined in this Law, to obstruct, prevent, pervert, or defeat, the course of justice is guilty of a misdemeanour, and is liable to imprisonment for two years.
Concealing or failing to report felonies.
98. (1) Subject to the provisions of this or any other Law, any person who asks, receives, obtains, agrees, or attempts to receive or obtain any property or benefit of any kind for himself or any other person on any agreement or understanding that he will not disclose any information concerning a felony, that may be of material assistance to the prosecution of an offender, is guilty of an offence.
(2) 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 five years.
(3) In any other case, the offender is liable to imprisonment for three years.
(4) The offender under this Section cannot be arrested without a warrant.
Compounding penal actions.
99. Subject to the provisions of this or any other Law, any person who, having brought, or under pretence of bringing, an action against another person under a penal Act or Law 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 or a fine of fifty thousand Naira (N50,000.00) only.
Advertising a reward for the return of stolen or lost property.
100 (1) Any person who:
(a) 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 questions will be asked, or that the person producing such property will not be arrested or molested;
(b) publicly offers to return to any person who may have bought or advanced money by way of loan on 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
(c) prints or publishes any such offer, is guilty of an offence, and is liable to a fine of Fifteen Thousand Naira.
Delay to take person arrested before a court.
101. Any person who, having arrested another on a charge of an offence, and 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.
Bringing and defending fictitious actions.
102 Any person who in the name of a fictitious claimant or defendant or in the name of a real person but without his authority brings or defends an action against another person is guilty of a felony and is liable to imprisonment for three years.
Inserting advertisement without authority of court.
103. Any person who, without authority, or knowing the advertisement to be false in any material particular, inserts or causes to be inserted in the State Official Gazette or in any newspaper, an advertisement purporting to be published under the authority of any court or tribunal is guilty of a felony, and is liable to imprisonment for three years.
Contempt of Court.
104 (1) Any person who-
(a) within the premises in which any judicial proceeding is being held or taken, or within the precincts of the same, shows disrespect, in speech or manner, to or with reference to such proceeding, or to any person before whom such proceeding is being had or taken;
(b) who having been called on 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;
(c) causes an obstruction or disturbance in the course of a judicial proceeding;
(d) 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;
(e) publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private;
(f) attempts wrongfully to interfere with or influence a witness in judicial proceeding, either before of after he has given evidence, in connection with such evidence;
(g) dismisses a servant because he has given evidence on behalf of a party to a judicial proceedings;
(h) retakes possession of land from any person who has recently obtained possession by a writ of court; or
(i) 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 an offence, and liable to imprisonment for six months.
CHAPTER 12 – Unlawful Release, Escapes, Obstructing Officers of Courts
Unlawful Release from custody.
105 (1) Any person who unlawfully releases or attempts to unlawfully release from lawful custody any other person:
(a) if such last-named person is under sentence of death or imprisonment for life, charged with an offence punishable with death, or imprisonment for life, is guilty of a felony, and is liable to imprisonment for life; and
(b) in any other case, is guilty of a felony, and is liable to imprisonment for seven years.
(2) For the purpose of subsection (1) of this Section if the person unlawfully released is in the custody of a private person, the offender must have notice of the fact that the person unlawfully released is in such custody.
Escape from lawful custody.
106. Any person who escapes from lawful custody:
(a) if he is charged with, or has been convicted of a felony or misdemeanour, is guilty of a felony and liable to imprisonment for seven years; and
(b) in any other case, he is guilty of a misdemeanour and liable to imprisonment for two years.
Aiding prisoners to escape.
107. Any person who –
(1) aids a prisoner in escaping or attempting to escape from lawful custody; or
(2) conveys anything or causes anything to be conveyed into a prison with intent to facilitate the escape of a prisoner, is guilty of a felony, and is liable to imprisonment for seven years.
Permitting escape.
108. Any Prison officer or a member of the Police who wilfully permits any other person within his lawful custody to escape is —
(a) if such last-named person is charged with an offence punishable by death, or imprisonment for life, guilty of a felony and is liable to imprisonment for fourteen years; and
(b) in any other case, guilty of a felony, and is liable to imprisonment for seven years.
Negligently permitting escape.
109. Any Prison Officer or a member of the Police, who negligently permits a person within his lawful custody to escape, is guilty of a felony, and is liable to imprisonment for four years.
Unlawful release of mentally disordered persons.
110. (1) Any person who—
(a) unlawfully releases any person while being taken as a mentally disordered person to a hospital or any other place for the care of such persons or to a prison, or rescues any person during his confinement as a mentally disordered person in any such place;
(b) being in charge of a person wilfully permits him to escape from custody while being taken as a mentally disordered person to a hospital or any other place;
(c) being a superintendent of, or person employed in, any such place, wilfully permits a person confined there to escape; or
(d) conceals any such person who has to his knowledge been rescued while being taken or confined, or has to his knowledge, escaped from such confinement, is guilty of a felony, and is liable to imprisonment for three years.
(2) The offender in subsection (1) of this section cannot be arrested without warrant.
Removing property under lawful seizure.
111. Any person who, when any property has been attached or taken under the process or authority of any court, knowingly, and with intent to hinder or defeat the attachment or process, receives, removes, retains, conceals, or disposes of such property, is guilty of a felony, and is liable to imprisonment for three years.
Obstructing officers of courts justice.
112. Any person who wilfully obstructs or resists any person lawfully charged with the execution of an of order or warrant of any court, is guilty of a felony, and is liable to imprisonment for three years.
CHAPTER 13 – Miscellaneous Offences against Public Authority
False declaration as to execution of death sentence.
113. Any person who subscribes a certificate or declaration as to the execution of a death sentence, which, in any material particular, is to his knowledge false, is guilty of a felony, and is liable to imprisonment for seven years.
False statements in application for public document.
114. Any person who for the purpose of procuring a permit, whether for himself or any other individual, makes or causes to be made in any written application to a public officer a statement which to the knowledge of such person is false in any material particular is guilty of a misdemeanour and is liable to imprisonment for one year.
False statements and declarations.
115. Any person who, on any occasion on which a person is required by law to make a statement on oath, by affirmation or declaration, makes the statement which in any material particular is to his knowledge false, is guilty of a felony and is liable to imprisonment for three years.
Shooting, firing and launching offensive weapons.
116. Any person who –
(1) shoots or fires or launches an offensive weapon or material at any vessel of any kind which is in use by a public authority while engaged in the execution of public service; or
(2) shoots at, wounds, or causes any grievous harm to any public officer while engaged in the execution of his duty or any person acting in aid of the public officer while so engaged is guilty of a felony and is liable to imprisonment for fourteen years.
Resisting public Officers.
117. Any person who, in any manner –
(1) obstructs or resists any public officer while engaged in the discharge or attempted discharge of the duties of his office under any Act, Law or Regulation, or
(2) obstructs or resists any person while engaged in the discharge or attempted discharge of any duty imposed on him by Act, Law, or Regulation is guilty of a felony, and is liable to imprisonment for three years or to a fine of Two Hundred Thousand (N200,000.00) naira only
Refusal by public officer to perform duty.
118. Any public officer required by any Act, Law, or Regulation, to do any act by virtue of his employment, who perversely and without lawful excuse omits or refuses to do any such act is guilty of a misdemeanour, and is liable to imprisonment for two years.
Neglect of Peace Officer to suppress riot.
119. Any Peace Officer, having notice that there is a riot in his neighbourhood, without reasonable excuse, omits to do his duty in suppressing such riot, is guilty of a misdemeanour, and is liable to imprisonment for two year.
Neglect to aid in suppressing riot.
120. Any person who, having reasonable notice that he is required to assist any Peace Officer in suppressing a riot, without reasonable excuse omits to do so, is guilty of a misdemeanour, and is liable to imprisonment for one year or to a fine of Fifty Thousand Naira(N50,000.00)
Neglect to aid in arresting offenders.
121. Any person who, having reasonable notice that he is required to assist any Peace Officer or member of the Police in arresting any person or in preserving the peace, without reasonable excuse omits to do so, is guilty of a misdemeanour, and is liable to imprisonment for one year or to a fine of Fifty Thousand Naira (N50,000.00).
Disobedience to Act, Law, or Regulation.
122. (1) Any person-
(a) who, without lawful excuse, the proof of which lies on him, does any act which he is, or by the provisions of any Act, Law or Regulation, forbidden to do, or
(b) omits to do any act, which he is, by the provisions of any such Act, Law or Regulation, required to do is guilty of a misdemeanour, and is liable to imprisonment for one (1) year.
Such person shall be triable under this Law unless some other mode of proceeding against him for such disobedience is expressly provided by the Act, Law or Regulation and is intended to be exclusive of all other punishments
(2) The offender under subsection (1) of this section is liable to imprisonment for one year or to a fine of Fifty Thousand Naira (N50,000.00)
Disobedience lawful order issued by constituted authority.
123. (1) Any person who, without lawful excuse, the to proof of which lies on him, disobeys any lawful order issued by any person authorised by any Act, Law, or Regulation, to make the order, is guilty of a misdemeanour, unless some mode of proceeding against him for such disobedience is expressly provided by the Act, Law, or Regulation, and is intended to be exclusive of all other punishment.
(2) The offender under subsection (1) of this section is liable to imprisonment for one year or to a fine of Fifty Thousand Naira (N50,000.00).
CHAPTER 14 – Offences relating to Religious Worship
Insult to a religion.
124. Any person who does an act which any class of persons consider as a public insult on their religion, with the intention that they should consider the act an insult, and any person who does an unlawful act with the knowledge that any class of persons will consider it an insult, is guilty of a misdemeanour, and is liable to imprisonment for two years or a fine of Fifty Thousand Naira (N50,000.00)
Offering violence to officiating ministers of religion.
125. Any person who—
(1) by threats or force prevents or attempts to prevent any minister of religion from lawfully officiating in any place of religious worship, or from performing his duty in the lawful burial of the dead in any cemetery or other burial place;
(2) by threats or force obstructs or attempts to obstruct any minister of religion while so officiating or performing his duty; or
(3) assaults, or under the pretence of executing any civil process, arrests any minister of religion who is engaged in, or is, to the knowledge of the offender about to engage in, any of the offices or duties earlier mentioned, or who is, to the knowledge of the offender, going to perform the same or returning from the performance of it;
is guilty of a misdemeanour, and liable to imprisonment for one year.
Disturbing religious worship.
126. Any person who wilfully and without lawful justification or excuse, the proof of which lies on him, disquiets, disturbs any meeting of persons lawfully assembled for religious worship, assaults any person lawfully officiating at any such meeting, or any of the persons there assembled, is guilty of a misdemeanour, and liable to imprisonment for one year.
CHAPTER 15 – Trial by Ordeal, Witchcraft, Juju and Criminal Charms
Trial by ordeal.
127. (1) The trial by ordeal of any person by any means which is likely to result in death or bodily harm to any party to the proceedings is unlawful.
(2) The Commissioner may by order prohibit the worship or invocation of any juju which appears to him to involve or tend towards the commission of any crime or breach of peace, or to the spread of any infectious or contagious disease.
Directing unlawful trial by ordeal.
128. Any person who directs or controls or presides at any trial by ordeal is guilty of a felony and:
(a) when the trial results in the death of any party to the proceeding, the offender is liable to life imprisonment; and
(b) in every other case to imprisonment for ten years.
Being present at, or making poison for, trial by ordeal.
129. Any person who:
(a) is present at or takes part in any trial by ordeal; or
(b) makes, sells or assists or takes part in making or selling, or has in his possession for sale or use any poison or thing which is intended to be used for the purpose of any trial by ordeal, is guilty of a misdemeanour, and is liable to imprisonment for one year.
Offences in relation to witchcraft
130. Any person who—
(a) by his statements or actions represents himself and juju. to be a witch or to have the power of witchcraft;
(b) accuses or threatens to accuse any person of being a witch or of having the power of witchcraft;
(c) makes, sells, uses, assists or takes part in making or selling or using, or has in his possession or represents himself to be in possession of any juju, drug or charm which is intended to be used or reported to possess the power to prevent or delay any person from doing an act which such person has a legal right to do, or to compel any person to do an act which such person has a legal right to refrain from doing, or which is alleged or reported to possess the power of causing any natural phenomenon or any disease or epidemic;
(d) directs, controls, presides at or is present at or takes part in the worship or invocation of any juju which is prohibited by an order of the Commissioner;
(e) is in possession of, has control over any human remains which are used or are intended to be used in connection with the worship or invocation of any juju; or
(f) makes, uses or assists in making, using or has in his possession anything whatsoever, the making, use or possession of which has been prohibited by an order as being or believed to be associated with human sacrifice or other unlawful practice, is guilty of a misdemeanour, and is liable to imprisonment for two years.
Permitting trial by ordeal prohibited juju worship.
131. (1) Any person who directly or indirectly permits, promotes, encourages or facilitates any trial by and ordeal, the worship or invocation of any juju which has been prohibited by an order, or who, knowing of such trial, worship or invocation, or intended trial, worship or invocation, does not report the same to a Police Officer, is guilty of a felony and is liable to imprisonment for three years.
(2) The offender under subsection (1) of this section cannot be arrested without warrant.
Destruction of place where ordeal or prohibited juju worship is held.
132. Any house, grove or place in which it has been customary to hold any trial by ordeal, or the worship or invocation of any juju which is prohibited by an order, may, together with all articles found there, be destroyed or erased on the order of any Court by such persons as the Court may direct.
Criminal charms.
133. Any person who –
(a) makes, sells or keeps for sale or for hire or reward, any fetish or charm which is pretended or reputed to possess power to protect burglars, robbers, thieves or other persons planning to commit a crime, or to aid or assist in any way in the perpetration of any burglary, house breaking, robbery or theft, or in the perpetration of any offence whatsoever, or to prevent, hinder or delay the detection of or conviction for any offence whatsoever; or
(b) is found having in his possession without lawful and reasonable excuse (the proof of which excuse shall lie on such person) any such fetish or charm, is guilty of a felony, and is liable to imprisonment for fourteen years.
CHAPTER 16 – Offences against Morality
Indecent acts.
134. Any person who:
(1) wilfully and without lawful excuse does any indecent act in any public place; or
(2) wilfully does any indecent act in any place with intent to insult or offend any person; is guilty of a misdemeanour, and is liable to imprisonment for two years.
Indecent treatment of child.
135. (1) Any person who unlawfully and indecently deals with a child is guilty of a felony, and is liable to a imprisonment for seven years.
(2) The term “deal with” includes doing any act which, if done without consent, would constitute an assault.
Indecent practices.
136. Any person who commits any act of gross indecency with another person in public, or procures another person to commit any act of gross indecency in public with him or another person is guilty of a felony, and is liable to imprisonment for three years.
Defilement of a child.
137. Any person who has unlawful sexual intercourse with a child is guilty of a felony, and is liable to imprisonment for life.
Householder permitting defilement of a child on his premises.
138. Any person who, being the owner or occupier of any premises, or having, acting, or assisting in the management or control of any premises, induces or knowingly permits any child to resort to or be in or on such premises for the purpose of unlawful sexual intercourse or indecent dealing, is guilty of a felony and liable to imprisonment for fourteen years.
Allowing a child to be in a brothel.
139. (1) Any person having the custody, charge or care of a child who has attained the age of four years and allows that child to reside in or frequent a brothel, shall be liable to a fine of Ninety Thousand Naira or to imprisonment for six months or to both.
(2) If at the trial of a person charged with an offence under this Law the facts proved in evidence justify a conviction for an offence against this section, the person charged may be convicted of the offence against this section although he was not charged with that offence.
Procuration.
140. (1) Any person who procures another:
(a) to have unlawful sexual intercourse with any other person or persons, either in the State or elsewhere;
(b) to become a prostitute, either in the State or elsewhere;
(c) to leave the State with intent that he may become an inmate of a brothel elsewhere; or
(d) to leave his usual place of abode in the State, with intent that he may, for the purposes of prostitution, become an inmate of a brothel, either in Nigeria or elsewhere, is guilty of a misdemeanour, and is liable to imprisonment for two years.
(2) The offender under subsection (1) of this section may be arrested without warrant.
Abduction of a girl under eighteen years with intent to have sexual intercourse.
141. (1) Any person who with intent that any man may have sexual intercourse with a girl under the age of 18, takes her or causes her to be taken out of the custody or protection of her father, mother, or other person having the lawful care or charge of her, and against the will of such father or mother or other person, is guilty of a misdemeanour, and is liable to imprisonment for two years.
(2) It is a defence to a charge of any of the offences defined in this Section to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of eighteen years.
Persons trading in prostitution.
142. (1) Any person who—
(a) knowingly lives wholly or in part on the earnings of prostitution; or
(b) in any public place persistently solicits or importunes for immoral purposes, is guilty of a misdemeanour and liable to imprisonment for two years.
(2) A magistrate who is satisfied, by evidence on oath, that there is reason to suspect that any premises or any part of any premises are or is used for the purposes of prostitution, and that any person residing in or frequenting the premises is living wholly or in part on the earnings of the prostitute, may issue a warrant authorising any police officer to enter, search the premises and to arrest such a person.
(3) A person who is proved to have exercised control, direction or influence over the movements of a prostitute in such a manner as to show that he is aiding, abetting or compelling the prostitution with any person or generally shall, unless he can satisfy the court to the contrary be deemed to be knowingly living on the earnings of prostitution.
Keeping a brothel.
143. (1) Any person who:-
(a) keeps a brothel;
(b) being the tenant, lessee, occupier or person in charge of any premises, knowingly permits such premises or any part of it to be used as a brothel or for the purposes of habitual prostitution; or
(c) being the lessor or landlord of any premises, or the agent of such lessor or landlord, lets the same or any part of it with the knowledge that such premises or some part of it is to be used as a brothel, or is wilfully a party to the continued use of such premises or any part of it as a brothel, is liable –
(i) on first conviction to a fine of Ninety Thousand Naira or to imprisonment for six months, and
(ii) on a second or subsequent conviction, to a fine of One Hundred and Eighty Thousand Naira or to imprisonment for one year;
or in either case, to both fine and imprisonment.
(2) For the purpose of subsection (1) of this section, any person who appears, acts, or behaves, as master or mistress, or manages or assists in the management of a brothel is deemed to be the keeper.
Unlawful detention with imprisonment for five years.
144. (1) Any person who detains another person against such person’s will in or on any premises for intent to defile, the purpose of unlawful sexual intercourse with the or in a brothel. person detained is guilty of a felony and is liable to
(2) A person is deemed to detain another person in or on any premises for the purpose of unlawful sexual intercourse if, with intent to compel or induce him to remain in or on the premises, he puts him in a state or condition which makes it impracticable for him to leave.
(3) It is lawful for any person to take any such wearing apparel as may be necessary to enable him to leave a brothel or any premises upon which he had been unlawfully detained.
Attempt to procure abortion.
145 (1) Any person who, with intent to procure miscarriage of a woman whether or not she is pregnant, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatsoever, is guilty of a felony, and is liable to imprisonment for three years.
(2) Where the offence committed in sub-section (1) was committed without the woman’s consent, the offender shall be liable to imprisonment for seven years.
Attempt to procure own miscarriage.
146. Any woman who, with intent to procure her own miscarriage, whether or not she is pregnant, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatsoever, or permits any such thing or means to be administered or used on her, is guilty of a misdemeanour, and is liable to imprisonment for two years.
Supplying drugs or instruments to procure abortion.
147. (1) Any person who unlawfully supplies to or procures for any person anything whatever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman, whether or not she is pregnant, is guilty of a felony, and is liable to imprisonment for three years.
(2) The offender under subsection (1) of this section cannot be arrested without warrant.
Knowledge of age immaterial.
148. Except as otherwise expressly stated, it is immaterial, in the case of any of the offences defined in this Chapter committed with respect to a woman or girl under a specified age, that the defendant did not know that the woman or girl was under that age, or believed that she was not under that age.
CHAPTER 17 – Obscene Publications
Test of obscenity.
149. (1) For the purposes of this Chapter, an article shall be deemed to be obscene if its effect, taken as a whole, is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it and it shall not be material that the actual person to whom it was published was not depraved by it.
(2) The provisions of this Chapter shall extend to any article of two or more distinct items, the effect of any one of which is such as to tend to deprave and corrupt.
(3) Nothing in this Chapter shall apply to exhibitions in private houses to which the public are not admitted or to any thing done in the course of television or sound broadcasting
(4) For the purposes of this Chapter, a performance of a play in public shall be deemed to be obscene if, taken as a whole, its effect is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to attend it and it shall not be material that the actual persons before whom it was performed were not depraved by it.
(5) Nothing in this Chapter shall apply in relation to a performance of a play given on a domestic occasion in a private dwelling.
Prohibition of publication of obscene matter.
150. (1) Subject to the provisions of this Chapter, any person who whether for gain or not, distributes or projects any article deemed to be obscene for the purposes of this Chapter is guilty of a felony and is liable to a fine of Four Hundred and Fifty Thousand Naira or imprisonment for three years or by both.
(2) A person shall not be convicted under this section if he proves that he had not examined the article in respect of which he is charged and had no reasonable cause to suspect that it was such that his publication of it would make him liable to be convicted under this section.
(3) In any proceedings against a person under this Section, the question whether an article is obscene shall be determined without regard to any publication by another person unless it could reasonably have been expected that the publication by the other person would follow from publication by the person charged.
(4) No prosecution for an offence against this Section shall be commenced more than two years after the commission of the offence.
Prohibition of obscene performance of plays.
151. (1) If an obscene performance of a play is given, whether in private or public, any person who (whether for gain or not) presented or directed that performance is guilty of a felony and liable to a fine of Four Hundred and Fifty Thousand Naira or to imprisonment for three years or both
Power of search and seizure.
152. (1) Subject to the provisions of this Chapter, if a Magistrate is satisfied by information on oath that there is reasonable ground for suspecting that articles deemed to be obscene for the purposes of this Chapter are, or are from time to time, kept for publication for gain on any premises or in any stall or vehicle in the State the Magistrate may issue a warrant empowering any Police Officer to:
(a) enter using reasonable force where required and to search the premises; or
(b) search a stall or vehicle, and seize and remove any article found there which the Police Officer has reason to believe to be obscene articles for the purposes of this Chapter and to be kept for publication whether for gain or not.
(2) A warrant under subsection (1) of this Section shall be executed within 14 days from the date of issuance
(3) A warrant under subsection (1) of this Section shall, if any obscene article is seized under the warrant, also empower the seizure and removal of any document found on the premises or, as the case may be, in a stall or vehicle which relate to a trade or business carried on at the premises or from the stall or vehicle.
(4) Articles seized under subsection (1) of this section may be brought before the Magistrate who issued the warrant or before any other Magistrate.
(5) The Magistrate before whom the articles are brought may then issue a summons to the occupier of the premises, or, as the case may be, the user of the stall or vehicle to appear on a day specified in the summons before a Magistrates’ court to show cause why the articles or any of them should not be forfeited.
(6) If the court is satisfied, in respect of any of the articles that at the time when they were seized they were obscene articles kept for publication whether for gain or not, the court shall order those articles to be forfeited; but no order shall be made under this subsection in default of appearance by the person summoned unless service of the summons is proved.
(7) In addition to the person summoned, any other person being the owner, author or maker of any of the articles brought before the court, or any other person through whose hands they had passed before being seized, shall be entitled to appear before the court on the day specified in the summons to show cause why they should not be forfeited.
(8) Where an order is made under this Section for the forfeiture of any article, any person who appeared, or was entitled to appear, to show cause against the making of the order may appeal to the High Court; and no such order shall take effect until the expiration of fourteen days after the day on which the order is made, or, if before the expiration, notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.
(9) If with respect to any article brought before it, the court does not order forfeiture, the court may if it deems fit order the person on whose information the warrant for the seizure of the article was issued, to pay such costs as the court thinks reasonable to any person who has appeared before the court to show cause why those articles should not be forfeited; and costs ordered to be paid under this subsection shall be enforceable as a civil debt.
(10) For the purpose of this section, the question whether an article is obscene shall be determined on the assumption that copies of it would be published in any manner likely, having regard to the circumstances in which it was found, but in no other manner.
(11) Nothing in this Section shall be construed to preclude the making of any order under the Administration of Criminal Justice Law which relates to disposal of property produced before a court.
Defence of public good.
153. (1) No person shall be convicted of an offence under Section 150 of this Law and no order for forfeiture shall be made if it is proved that publication of the article in question is justified as being for the public good on the ground that it is in the interests of science, literature, art or learning, or of other objects of general concern.
(2) No person shall be convicted of an offence under Section 151 of this Law if it is proved that the giving of the performance in question was justified as being for the public good on the ground that it was in the interests of drama, opera, ballet or any other art, or of literature or learning.
(3) The opinion of experts as to the literary, artistic, scientific or other merits of an article or a performance of a play may be admitted in any proceedings under Sections 150 and 151 either to establish or to disprove the said ground.
Interpretation.
154. In this chapter unless the context otherwise requires:
“article” means anything capable of being or likely to be looked at and read or looked at or read, and includes any film, record of a picture or pictures, and any sound records;
“distributes” includes circulates, lends, sells, lets on hire, displays or offers for sale or on hire;
“projects” in relation to an article to be looked at or heard includes shows or plays or where the matter is data stored electronically, transmits that data or forwards the data to another electronically
CHAPTER 18 – Gaming Houses and Betting Houses
Gaming houses.
155. (1) A person is said to keep a gaming house if
(a) being the owner, occupier, or having the use of, any house, room or place, he opens, keeps or uses the same for the purpose of unlawful gaming;
(b) being the owner or occupier of any house, room place, knowingly and wilfully permits the same to be opened, kept or used by any other person for such purposes; or
(c) having the care or management of or in any manner assisting in conducting the business of any house, room or place opened, kept or used for such purposes; or
(d) appears, acts, or behaves, as master or mistress of any such premises.
(2) In this section “unlawful gaming” is any gaming, the chances of which are not alike favourable to all the players, including the person or persons by whom the game is managed or the banker and shall include roulette, every game of dice except backgammon, every game which is not a game of skill, and any game in which players stake, play or bet.
(3) Any person who keeps a gaming house is guilty of a misdemeanour and is liable to a fine of Ninety Thousand Naira for the first offence and for each subsequent offence to a fine of One Hundred and Eighty Thousand Naira and imprisonment for one year or both.
(4) Any person other than the persons mentioned in subsection (1) of this Section who is found in a gaming house shall be deemed, unless the contrary is proved, to be there for the purpose of unlawful gaming and shall be guilty of an offence and shall be liable to a fine of Fifteen Thousand Naira for the first offence and for each subsequent offence to a fine of Forty Five Thousand Naira or imprisonment for three months or both.
(5) Where a police officer authorised to enter any house, room or place is wilfully prevented from or obstructed or delayed in entering the same or any part of it, or where any person gives an alarm in the case of such entry, it shall be evidence until the contrary be proved, that such house, room or place is used as a gaming house within the meaning of sub section (1) of this section and that the persons found within there were unlawfully playing there.
Betting houses.
156. (1) Any house, room, or place, which is used for any of the following purposes—
(a) betting between persons resorting to the place ; and
(i) the owner, occupier, or keeper of the place, or any person using the place; or
(ii) any person procured or employed by or acting for or on behalf of any such owner, occupier, or keeper, or person using the place; or
(iii) any person having the care or management, or in any manner conducting the business, of the place; or
(b) for the purpose of any money or other property being paid or received there by or on behalf of any such owner, occupier, or keeper, or person using the place as, or for the consideration—
(i) for an assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or other property on any event or contingency of or relating to any horse race, or other race, fight, game, sport, or exercise; or
(ii) for securing the paying or giving by some other person of any money or other property on any such event or contingency, is a betting house.
(2) For the purposes of subsection (1) of this section, a person is a keeper of a betting house if he appears, acts or behaves as master or mistress of any such premises.
(3) Any house, room or place which is used for the purposes of a licensed pool betting business shall not be deemed to be a betting house under sub section (1) of this Section.
(4) Any person who, being the owner or occupier of any house, room, or place, knowingly and wilfully permits it to be opened, kept or used as a betting house for another person or who has the use or management or assists in conducting the business of a betting house by another person, or who has the use or management, is guilty of a misdemeanour and is liable to a fine of Ninety Thousand Naira for the first offence and for each subsequent offence a fine of One Hundred and Eighty Thousand Naira or imprisonment for one year or both.
CHAPTER 19 – nuisances and other Offences Against Public Health
Nuisances.
157. (1) Any person who:
(a) obstructs any highway, by any permanent work or erection on it or damage to it, which renders it unusable to the public than it would otherwise be;
(b) prevents the public from having access to any part of a highway by an excessive and unreasonable use of it, or by so dealing with the land in the immediate neighbourhood of the highway as to prevent the public from using and enjoying it securely;
(c) does not repair a highway which he is bound to repair;
(d) does not repair a bridge which he is bound to repair;
(e) wilfully diverts or obstructs the course of any navigable river so as to appreciably diminish its convenience for purposes of navigation; or
(f) does any unlawful act, or omits to discharge any legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to the public, is guilty of a misdemeanour, and is liable to imprisonment for two years.
(2) It is immaterial whether the act complained of is convenient to a larger number of the public than its inconveniences but the fact that the act complained of facilitates the lawful exercise of their rights by a part of the public, may show that it is not a nuisance to any part of the public.
(3) The owner of a vessel wrecked in a navigable river is not guilty of a common nuisance for failure or refusal to remove it.
Exposing for sale things unfit for food or drink.
158 Any person who sells as food or drink, or has in his possession with intent to sell as food or drink, any article which is in a state unfit for food or drink, knowing or having reason to believe or being negligent in ascertaining that the same is unfit for food or drink is guilty of a misdemeanour, and is liable to imprisonment for two years.
Adulteration of food or drink intended for sale
159. Any person who adulterates any article of food or drink, so as to make such article unfit for food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, is guilty of a felony, and is liable to imprisonment for seven years.
Adulteration of products
160. (1) Any person who-
(a) adulterates any product including any manufactured or processed product, so as to affect or change materially the quality, substance, nature or efficacy, to affect or change materially the quality, substance, nature or efficacy of such product, without notice to the purchaser or knowing that the same will be sold as manufactured or processed product, is guilty of a felony and liable to imprisonment for seven years, or
(b) deals in, sells, offers for sale or otherwise exposes for sale, any product including any manufactured or processed product which is not of the quality, substance, nature or efficacy expected of the product or preparation, which the seller represents it to be or has in any way been rendered or has become noxious, dangerous or unfit, shall be guilty of a felony and liable to imprisonment for seven years;
(2) Whenever any person is charged with committing any offence under subsection(3) of this Section, it shall be a defence if he can establish that he did not know or had no reason to know or believe that the product manufactured or processed product has been adulterated or otherwise rendered noxious, dangerous or unfit.
(3) In any trial for an offence under subsection(3) of this Section, the Court may make such order as it deems fit for the purpose of making compensatory award to the victim or purchaser of any adulterated product, manufactured or processed product and it may order the forfeiture of the product concerned.
LAWS OF LAGOS STATE
LAWS OF THE FEDERAL REPUBLIC OF NIGERIA
