EDO STATE

A LAW TO REPEAL THE CRIMINAL CODE LAW 1916; ENACT A LAW

TO PROVIDE RULES ON CRIMINAL CONDUCT; REGULATE PUBLIC
ORDER AND FOR CONNECTED PURPOSES.

Enactment 1. Be it enacted by the Edo State House of Assembly

and by the Authority of same as follows:

Citation 2. This Law may be cited as the Criminal Law of Edo State
Law, 2022.

Commencement 3. This Law shall come into force on the ......

day……….2022.

Purpose of this 4. The purpose of this Law is to:

Law
(a) promote an orderly society;

(b) foster collective obligations and duties

towards the preservation and protection of life and
property including public property;

(c) forbid and deal with conducts that

unjustifiably and inexcusably inflict or threaten
substantial harm to individual or public interests;

(d) subject to public control, persons whose

conducts indicate that they are disposed to commit
offences;

(e) safeguard conduct that is without fault from

condemnation as criminal;

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 (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 5. (1) The guiding principles underlying this Law

Principles
for this
are-
Law

(a) the need to balance the protection of

private rights and public interest;

(b) the interests of justice; and

(c) the need to ensure that the sentence

prescribed for an offence serves any of
the following purposes:

(i) Rehabilitation;
(ii) Restoration;
(iii) Deterrence;
(iv) Prevention, and
(v) Retribution.

(2) Subsection (1) of this section and section 4

shall guide the interpretation and the application of
this Law or any other law, or regulation creating
offences.
Application 6. Sections 4, 5, and 7-39 of this Law shall apply in
of General
Principles relation to any offence under this Law, any other
law or regulation and to all persons charged with
any such offence.

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 PART 1

GENERAL PROVISIONS

DEFINITION OF OFFENCE GENERAL PRINCIPLES

Provisions of this 7. (1) A person shall not be liable to be tried or

Law exclusive punished in any court in the State for an offence
with certain except under this Law, any other law or regulation.
exceptions

(2) In the case of an offence committed before the

commencement of this Law, the offender may be
tried and punished under the law in force when the
offence was committed.

Civil remedies 8. When by the 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 9. Nothing in this Law shall affect the authority of

of court courts of record to punish a person summarily for
the offence commonly known as contempt of court;
but so that a person cannot be so punished and also
punished under this Law for the same act or
omission.

Definition 10. An act or omission which renders the person doing

of offence the act or making the omission liable to punishment
under this Law, or any other law or regulation is an
offence.

Classificati 11. Offences are of three kinds, namely, felonies,

on of
misdemeanours, and simple offences.
offences

(a) 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 (3) years or more.

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 (b) A misdemeanour is any offence which is
declared by law to be a misdemeanour, or is
punishable by imprisonment for not less than six (6)
months, but less than three (3) years.

(c) All offences, other than felonies and

misdemeanours, are simple offences.

Attempt to 12. (1) When a person, intending to commit an

commit offence, begins to put the intention into execution
offences
by means adapted to its fulfilment, and manifests it
by some overt act, but does not actually commit the
offence, the person is said to attempt to commit the
offence.

(2) Except so far as regards punishment, on a

charge for attempt, it is immaterial that-

(a) the offender does all that is necessary

on his or her part for completing the
commission of the offence;

(b) the complete fulfilment of the intention

is prevented by circumstances independent of
the will of the offender;

(c) the offender desists from manifesting

the intention by some overt act; or

(d) by reason of circumstances not known

to the offender, it is impossible in fact to
commit the offence.

(3) The same facts may constitute one offence

and an attempt to commit another offence.

(4) Any person who attempts to commit a felony

or misdemeanour commits an offence, which
unless otherwise stated, is a misdemeanour.

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Specially 13. (1) An offence is specially aggravated under
aggravaated section 393 of this Law where-
offence

(a) at the time of committing the offence, or

immediately before or after, the offender
demonstrates towards the victim of the
offence hostility based on the victim’s
membership, or presumed membership, of a
particular ethnic, religious, racial group or
other special group; or

(b) the offence is motivated, wholly or partly, by

hostility towards members of an ethnic,
religious, racial group or other special group
based on their membership of that group.

(2) In subsection (1):

“membership” in relation to an ethnic, religious or

racial group, includes association with members
of that group;

“presumed” means presumed by the offender;

“ethnic group” means a group of persons defined

by reference to ethnic or national origin;

“religious group” means a group of persons defined

by reference to a religion;

“racial group” means a group of persons defined by

reference to a race or colour;

“special group” includes a refugee and an

internally displaced person.

(3) It is immaterial for the purposes of subsection

(1) whether or not the offender’s hostility is also
based, to any extent, on-

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 (a) the fact or presumption that any person or
group of persons belongs to any ethnic,
religious or racial group; or

(b) any other factor not mentioned in that

subsection.

Sexual 14. The term “sexual intercourse” means any act

Intercourse of a person with another person which involves the
penetration of certain body parts with any object,
thing or body part, or causing to be inserted into
certain body parts any object, thing or body part,
and it is complete upon such penetration or
insertion.

“Acts of sexual intercourse” include:

(a) intentionally penetrating the vagina or anus

of another person with any part of one’s own body,
object or anything else, or the mouth of another
person with one’s sexual organ;

(b) intentionally causing to be inserted into one’s

own mouth or anus the sexual organ of another
person; or

(c) having a vagina, intentionally causing to be

inserted into it the penis or mouth of another
person.
Expression
referring to
15. Expressions referring to communicating or
communicating receiving in section 68 of this Law include-
or receiving in
section 68 (b) 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 can
only be communicated or received;

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 (c) expressions referring to obtaining or retaining
any sketch, plan, model, article, note or document;

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.

A- PARTIES TO OFFENCES

Principal 16. When an offence is committed, each of the following

offenders
persons are deemed to have taken part in
committing the offence and to be liable for the
offence, and may be charged with actually
committing it, that is to say-

(a)every person who actually does the act or

makes the omission which constitutes the
offence;

(b) every person who does or omits to do

any act for the purpose of enabling or aiding
another person to commit the offence;

(c)every person who aids another person in

committing the offence; or

(d) any person who counsels or procures

any other person to commit the offence.

(1) In subsection (1)(d), the person may be

charged either with committing the offence or with
counselling or procuring its commission.

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

Mode of 18. (1) When a person counsels another to commit an

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

(2) The person who gave the counsel in subsection (1)

is deemed to have counselled the other person to commit
the offence actually committed by him or her.

Accessories
after the
19. A person who receives or assists another who, to the
fact person’s knowledge, has committed an offence, in order
to enable the other person escape punishment, is said to
become an accessory after the fact to the offence.

C- APPLICATION OF CRIMINAL LAW

Effect of 20. A person cannot be punished for doing or omitting to do

changes in
an act unless the act or omission constituted an offence
law
under the law in force when it occurred.

Offences 21. (1) Where by any law of Edo State the doing of any act
against or the making of any omission is constituted an offence,
laws of Edo
State
that law shall apply to every person who is in the State
at the time of his or her doing the act or making the
omission.

(2) With regard to any such offence which is of such a

nature that it comprises several elements, if any acts or
omissions or events actually occur, which, if they all
occurred in the State, would constitute an offence, and

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 any of such acts or omissions or events occur in the
State, although all or some of the other acts or omissions
or events which, if they occurred in the State, would be
elements of the offence, occur elsewhere than in the
State, then‐

(a) if the act or omission, which in the case of an offence

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

(b) if the act or omission occurs elsewhere than in the

State, and the person who does that act or makes
that omission afterwards comes into the State, that
person by such coming into the State commits an
offence of the same kind and is liable to the same
punishment, as if that act or omission had occurred
in the State and he or she had been in the State
when it occurred.

(3) It is a defence to a charge for an offence under

subsection (2) to prove that the defendant did not
intend that the act or omission should have effect in
the State.

(4) Subsection (2) does not extend to a case in which

the only material event that occurs in the State is
the death in the State of a person whose death is
caused by an act, done or omitted to be done, at a
place not in the State and at a time when the person
was not in the State.

Offences 22. (1) Any person who, having while out of the State
procured or
counselled procured another to do or omit to do in the State an act
by personl of such a nature that if the person had done the act or
out of the
State
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 made the omission in the State, the person would have
committed an offence, afterwards comes into the State,
commits an offence of the same kind by such coming into
the State, and is liable to the same punishment, as if he
or she had done the act or made the omission in the
State.

(2) Any person who, having 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, commits an offence of the same
kind by such coming into the State, and is liable to the
same punishment, as if he or she had been in the State
when the offence was committed.

(3) In this section, "offence" means an offence against

any law of Edo State.

Offences 23. Any person who, while in the State, procures another to
procured
in the State do an act or make an omission at a place not in the State
to be of such a nature that if the person had done the act or
committed made the omission in the State, that person would have
out of the
State
committed an offence against a law of Edo State, and
that, if he or she had done the act or made the omission,
he or she would have committed an offence under the
laws of the place where the act or omission is done or
made, commits an offence of the same kind, and is liable
on conviction to the same punishment, as if the act had
been done or the omission had been made in the State.

Armed 24. Members of the armed forces and of the police force of
Forces and
Nigeria are subject to the special laws relating to the
Police
Force forces to which they respectively belong, but are not
exempt from this Law.

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 A- PUNISHMENTS

Kinds of 25. Subject to any other written law, the punishments which
punishment
may be inflicted under this Law are death, imprisonment,
fine and forfeiture.

a. Other disposition measures which may be ordered

under this Law are compensation, restitution,
suspended sentence, community service orders,
probation, curfew orders, binding-over orders,
rehabilitation and correctional orders, victim-offender
mediation and other restorative justice measures.

b. Where any person is convicted of an offence other than

a capital 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.

c. Where a body corporate is liable for an offence in

respect of which a specific amount of fine is prescribed
under this Law, applicable fine shall be double the
amount prescribed for the offence.

Perogative 26. Nothing in this Law affects the prerogative of mercy

exercised in accordance with the Constitution of the
Federal Republic of Nigeria 1999 (as amended).

B- CRIMINAL RESPONSIBILITY
Ignorance
of the law 27. a. 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.

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 b. Where a defendant proves to the satisfaction of the
court that he or she took reasonable steps to
ascertain the position of the Law from the
appropriate authority and acted in accordance with
the guidance provided by the appropriate authority,
the court shall take that fact into consideration in
determining the appropriate punishment.

Claim of 28. a Subject to this Law or any other law of the State, a
right
person is not criminally responsible for an offence
made in
good faith relating to property, for an act done or omitted to
be done by the person with respect to any property
in the exercise of an honest claim of right and
without intention to defraud.

b. A person relying on subsection (1) 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 a 29. (1) Subject to the sections relating to negligent

basis of
acts and omissions, a person is not criminally
liability
responsible for an act or omission which occurs-

(a) independently of the exercise of the person’s

will, or

(b) for an event 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

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 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 30. (1) A person who does or omits to do an act under

of fact an honest and reasonable, but mistaken, belief in
the existence of any state of things, is not criminally
responsible for the act or omission to any greater
extent than if the real state of things had been such
as the person believed to exist.

(2) The operation of this rule may be excluded by

the express or implied provisions of the law relating
to the subject.

Extraordinary 31. Subject to the sections relating to acts done upon

emergencies 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.

Presumption 32. Every person is presumed to be of sound mind and

of sanity
to have been of sound mind at any time which
comes in question, until the contrary is proved.

Mental 33. (1) A person is not criminally responsible for an

disorder act or omission if at the time of doing the act or
making the omission the person is in such a state of
mental disorder as to deprive him or her of capacity

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 to understand what he or she is doing, or of capacity
to control his or her actions, or of capacity to know
that he or she ought not to do the act or make the
omission.

(2) For the purposes of this section, capacity

implies the 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.

Puerperal or 34. (1) A woman is not criminally responsible for any

post-partum act or omission which causes the death of her child
psychosis
who is under the age of twelve (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 post-

partum or puerperal psychosis; or

(b) previous history of depression or psychosis

triggered by a reoccurrence because of
childbirth or lactation.

(2) Where the trial judge after ordering a medical

examination finds that the balance of her mind is
still disturbed, the trial judge shall make a
hospitalisation order.

Intoxication 35. (1) Subject to 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
or she was doing by reason of intoxication and the
state of intoxication was caused without the
consent of the defendant by the malicious,

14
 negligent or accidental act of another person; or by
the defendant mistakenly.

(3) Intoxication shall be considered for the

purpose of determining whether the person
charged had formed any intention, specific or
otherwise, in the absence of which he or she would
not be liable for the offence.

(4) For the purposes of this section,

"intoxication" shall be deemed to include the state
produced by narcotics or drugs.

Immature 36. A person under the age of ten (10) years is not
age criminally responsible for any act or omission.

Judicial 37. Subject to this Law, a judicial officer is not

officers criminally responsible for anything done or omitted
to be done by him or her in the exercise of his or
her judicial functions.

Justification 38. (1) A person is not criminally responsible for an

and
act or omission if the person does or omits to do the
excuses,
compulsion act under any of the following circumstances‐

(a) in execution of the law;

(b) in obedience of the order of a competent

authority which that person is bound by law to
obey, unless the order is manifestly unlawful;

(c) when the act is reasonably necessary in order

to resist actual and unlawful violence threatened to
the person or to another in the presence of the
person;

(d) when the person does or omits to do the act

in order to save himself or herself from immediate
death or grievous harm threatened to be inflicted
upon him or her by some other person actually
present and in a position to execute the threats,
and the person believing himself or herself to be
15
 unable otherwise to escape the carrying of the
threats into execution.

(2) Subsection (1)(c) and (d) do not extend to an

act or omission which would constitute an offence
punishable with death, or an offence of which
grievous harm to the person of another, or an
intention to cause such harm, is an element, nor to
a person who has by entering into an unlawful
association or conspiracy rendered himself or
herself liable to have such threats made to him or
her.

(3) Whether an order is or is not manifestly

unlawful is a question of law.

Offences by 39. A member of a partnership, corporation or company

partners and
members of who does or omits to do any act with respect to the
companies property of the partnership, corporation or company
with respect to which, if the person were not a member of the
partnership or
coorporate partnership, company or corporation would
property constitute an offence, is criminally responsible to
the same extent as if the person were not such a
member.

PART 2

OFFENCES AGAINST PUBLIC ORDER

A- UNDESIRABLE PUBLICATIONS

Publication 40. (1) Any person who publishes or reproduces any

of false news
statement, rumour or report which is likely to cause
with intent
to cause fear fear and alarm to the public or to disturb the public
or alarm to peace, knowing or having reason to believe that such
the public
statement, rumour or report is false, commits a felony
and liable on conviction to imprisonment for three (3)
years.

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 (2) It shall be no defence to a charge under subsection
(1) that the person did not know or did not have reason
to believe that the statement, rumour or report was
false unless the person proves that, prior to
publication, he or she took reasonable measures to
verify the accuracy of such statement, rumour or
report.

B- UNLAWFUL SOCIETIES

Definition of 41. (1) A society includes any combination of

society and
unlawful
persons whether the society is known by any name
society or not.

(2) A society is an unlawful society‐

(a) if formed for any of the following

purposes‐

(i) levying war or encouraging or

assisting any person to levy war
on the Government of Nigeria, of a
State in Nigeria or the inhabitants
of any part of Nigeria; or

(ii) killing or injuring or encouraging

the killing or injuring of any
person; or

(iii) destroying or injuring or

encouraging the destruction or
injuring of any property; or

(iv) subverting or promoting the

subversion of the Government of
Nigeria or of a State in Nigeria; or

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 (v) committing or inciting to acts of
violence or intimidation; or

(vi) interfering with, or resisting, or

encouraging interference with or
resistance to the administration of
the law; or

(vii) disturbing or encouraging the

disturbance of peace and order in
any part of the State; or

(b) if declared by an order of the

appropriate court to be a society
dangerous to the good government of
the State or of any part thereof.

Unlawful 42. All the unlawful societies prohibited under the

societies in Criminal Code Law 1916 shall remain
the State
prohibited.

Managing
43. Any person who manages or assists in the
an unlawful management of an unlawful society commits a
society felony and is liable on conviction to
imprisonment for seven (7) years.

Offences
relating to 44. Any person who‐
unlawful
society 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, the person
or over which the person has control,
commits a felony and is liable on conviction
to imprisonment for three (3) years.

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 Presumptions 45. (1) Any person who attends a meeting of an
relating to
unlawful society shall be presumed, until the
prosecutions
for offences contrary is proved, to be a member of the society.
under section
44
(2) Any person who possesses, or has custody of,
or control over, 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, until the contrary is
proved, to be a member of the society.

Disposal of 46. (1) When a society is declared to be an unlawful

property of
society by an order of the appropriate court, the
society declared
to be an following consequences shall ensue‐
unlawful society
(a) the property of the society within the State
shall forthwith vest in an officer appointed by
an order of the court;

(b) the officer appointed by the court shall

proceed to wind up the affairs of the society,
and, after satisfying and providing for all
debts and liabilities of the society and the
costs of the winding up, if there shall then be
any surplus assets, shall prepare and submit
to the court a scheme for the application of
such surplus assets;
(c) such scheme, when submitted for approval,
may be amended by the court in such way as
it thinks proper in the circumstances of the
case;

(d) the approval of the court to such scheme shall

be denoted by the endorsement thereon of a
memorandum of such approval signed by the
Governor, and, upon this being done, the

19
 surplus assets, the subject of the scheme,
shall be held by such court upon the terms
and to the purposes thereby prescribed;

(e) for the purpose of the winding up, the officer

appointed by the court shall have all the
powers vested in a magistrate for the purpose
of the discovering of the property of a debtor
and the realisation thereof.

(2) The court may, for the purpose of enabling a

society to wind up its own affairs, suspend the
operation of this section for such period as the court
shall deem expedient.

Forfeiture 47. Subject to section 46, the insignia, banners, arms,

books, papers, documents and other property
belonging to an unlawful society shall be forfeited to
the State and shall be dealt with in such manner as
the appropriate court may direct.

C- UNLAWFUL ASSEMBLIES: BREACHES OF THE PEACE

Unlawful 48. (1) When two or more persons, with intent to

assembly 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 purposes of subsection (1) it is

immaterial that the original assembling was lawful
if, being assembled, they conduct themselves with a

20
 common purpose in the manner stated in
subsection (1).

(3) An assembly of two 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 commits a misdemeanour, and is liable on
conviction to imprisonment for one (1) year.

Riot 49. (1) When persons who unlawfully assemble

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 commits

a felony and is liable on conviction to imprisonment
for three (3) years.
Making
proclamation
50. A magistrate or any police officer, of or above the
for rioters to
disperse rank of assistant superintendent, or any
commissioned officer in the Naval, Military or Air
Forces of Nigeria in whose view a riot is being
committed, or who apprehends that a riot is about to
be committed by persons assembled within his or her
view, may make or cause to be made a proclamation
in the name of the State, in such form as he or she
thinks fit, commanding the rioters or persons so
assembled to disperse peaceably.

Dispersion of 51. If at the expiration of a reasonable time after a

rioters after proclamation under section 50 is made, or after the
making
proclamatio making of such proclamation has been prevented by
n force, five or more persons continue to riot assembled
together, any person authorised to make

21
 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
obstructing 52. Any person who forcibly prevents or obstructs the
the making of making of proclamation mentioned in section50
proclamation
commits a felony and is liable on conviction to
imprisonment for five (5) years.

Rioting after 53. (1) If a proclamation is made, commanding the

proclamation
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 such proclamation, takes or continue
to take part in the riot or assembly, commits a felony,
and is liable on conviction to imprisonment for five (5)
years.

(2) If the making of the proclamation referred to

in section 50 is prevented, every person who, knowing
that it has been so prevented, takes or continues to
take part in the riot or assembly, commits a felony
and is liable on conviction to imprisonment for five (5)
years.

Rioters
54. Any person involved in a riot, who unlawfully pulls
demolishing
building, down or destroys, damages or begins to pull down or
machinery, destroy any building, railway, machinery or structure
railway commits a felony and each of them is liable on
conviction to imprisonment for seven (7) years.
Unlawful 55. Any person who is armed with any dangerous or
display of
dangerous offensive weapon in public without lawful authority in
or offensive such a manner as to cause fear or terror to any
weapons in person, commits a misdemeanour, and is liable on
public

22
 conviction to imprisonment for two (2) years, and the
dangerous or offensive weapon shall be forfeited.

Forcible 56. (1) Any person who, in a manner likely to cause

entry 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, commits
a felony and is liable on conviction to imprisonment
for three (3) years.

(2) It is immaterial whether the person is entitled

to enter on the land or not.
Forcible
possession 57. 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, commits a felony and is liable on conviction
to imprisonment for three (3) years.

Affray 58. Any person who takes part in a fight in a public place
commits a misdemeanour and is liable on conviction
to imprisonment for one (1) year.

Challenge 59. Any person who, challenges another to fight, or

to fight attempts to provoke another to fight, or attempts to
provoke any person to challenge another to fight,
commits a misdemeanour, and is liable on conviction
to imprisonment for (6) months.

Prize fight 60. (1) Any person who, fights in a prize fight, or
subscribes to or promotes a prize fight, commits a
misdemeanour and is liable on conviction to
imprisonment for one (1) year.

(2) This section shall not apply to any prize fight

organized by any authorized body.

23
Threatening 62. (1) Any person who‐
violence

(a) with intent to intimidate or annoy any

person, threatens to break or injure a
residential building;

(b) with intent to alarm any person, discharges

loaded firearms or commits any other breach
of the peace; or

(c) threatens harm, death, or injury to another

person or property where such threat
induces fear, anxiety or discomfort, commits
a misdemeanour and is liable on conviction
to imprisonment for one (1) year.

(2) If the offence is committed in the night the

offender commits a felony and is liable on
conviction to imprisonment for three (3)
years.

Unlawful 63. (1) Any two or more persons who assemble under
procession
any of the following circumstances‐

(a) bearing or wearing or having amongst them

any dangerous or offensive weapon;

(b) publicly exhibiting any banner, emblem, flag,

or symbol, the displaying of which is
calculated to promote animosity between
persons of different religious faiths or
different factions; or

24
 (c) being accompanied by any music,
beating of drums, or other noise calculated to
promote such animosity, and, being so
assembled, join in any parade or procession
for the purpose of celebrating or
commemorating any festival, anniversary, or
event relating to or connected with any
religious or other distinction or difference
between persons residing in Nigeria or of
demonstrating any such religious or other
distinction or difference, commit an offence
and each of them is liable on conviction to
imprisonment for one (1) month.

(2) Any of the offenders in subsection (1) who

bears any dangerous or offensive weapon is liable
to imprisonment for six (6) months.

(3) When two or more persons are assembled in

a manner described in subsection (1), it is the duty
of a peace officer to make or cause to be made a
command in the name of the State, to the persons
assembled to disperse peaceably.

(4) Any two or more persons who, being so

assembled, continue together and do not disperse
themselves within the space of a quarter of an hour
after the giving of the command, commits an
offence and each of them is liable on conviction to
imprisonment for three (3) years.

(5) A judicial officer may issue a warrant in the

first instance for the arrest of any such offender,
either on the oath of a credible person or in the
judicial officer’s own view.

25
Promoting 64. Any person who without lawful authority, carries
armed
attack on on, or makes preparation for carrying on, or aids in
community or advises the carrying on of, or preparation for, any
armed attack for, by or against any chief,
traditional ruler or members of a community
commits a felony and is liable on conviction to
imprisonment for life.

D- OFFENCES RELATING TO TERRORISM

Offences
relating to
65. (1) A person who wilfully provides or collects
terrorism by any means, directly or indirectly, any money
from any other person with intent that the money
shall be used or with the knowledge that the
money shall be used to promote any act of
terrorism, commits a felony and is liable on
conviction to imprisonment for life.

(2) Any person who does or attempts to do an

act of terrorism or participates in or facilitates the
commission of an act of terrorism, commits a
felony and is liable on conviction to imprisonment
for life.
(3) Any person who makes funds, financial
assets or economic resources or financial or other
related services available for use of any other
person to commit or attempt to commit, facilitate
or participate in the commission of an act of
terrorism commits a felony and is liable on
conviction to imprisonment for life.

Definition of 66. ‘‘Terrorism’’ includes-

terrorism

(a) any act which may endanger the life,

physical integrity or freedom of, or cause serious
injury or death of any person, group of persons,

26
 or causes or may cause damage to property,
natural resources, environmental or cultural
heritage and is calculated or intended to-

(i) intimidate, put in fear, force, coerce or

induce any government, body, institution, the
general public or any segment of it to do or
abstain from doing any act or to adopt or
abandon a particular stand point, or to act
according to certain principles; or

(ii) disrupt any public service, the delivery of

any essential service to the public or to create
public emergency, or

(iii) create a situation of breakdown of law and

order in the State; or

(b) any promotion, sponsorship of,

contribution to, command, aid incitement,
encouragement, attempt, threat, conspiracy,
organisation or procurement of any act referred
to in paragraph (a).

PART 3

OFFENCES AGAINST THE ADMINISTRATION OF LAW

AND JUSTICE AND AGAINST PUBLIC AUTHORITY

A- DISCLOSURE OF OFFICIAL SECRETS AND

ABSTRACTING DOCUMENT

Disclosure 67. Any person employed in the public service, who

of official publishes or communicates, except to another
secrets
person to whom the person is bound to publish or
communicate it-

27
 a. any fact which comes to the person’s
knowledge by virtue of the office held, and
which the person has a duty to keep secret;
or;

b. any document which comes to the person’s

possession by virtue of the office held and
which the person has a duty to keep secret,
commits a misdemeanour and is liable on
conviction to imprisonment for two (2) years.

Public
68. Any person who being employed in the public
servant
removing service, removes or makes a copy of any document,
document the property of the person’s employer, without
proper authority commits a misdemeanour and is
liable on conviction to imprisonment for (1) year.

Wrongful
communication 69. (1) Any person who-
of information

(a) having received in confidence possession

of, or control over, any information or
sketch, plan, model, article, note or
document or knowledge of the contents of
any such material from a public officer of
the State;

(b) having obtained possession of, or control

over, or has or had access to, any
information or sketch, plan, model,
article, note or document or has or had
knowledge of the contents of such
material owing to the person’s position as
a serving or former public officer of the
State, or as a current or former employee
under a serving or former public officer of
the State; or

28
(c) having obtained possession of, or control
over, or has or had access to, any
information or sketch, plan, model,
article, note, document or has or had
knowledge of the contents of any such
material owing to the person’s position as
a person who holds or has held a contract
made on behalf of the Government, or as
a current or former employee under a
person who holds or has held such a
contract, communicates the information
or the contents of any such material to
another person other than a person to
whom he or she is authorised to
communicate it, or a person to whom it is
in the interest of the State his or her duty
to communicate it, commits a
misdemeanour and is liable on conviction
to imprisonment for one (1) year or to a
fine of one hundred thousand naira
(N100,000.00) or both-

(2) If a person referred to in subsection (1)-

(a) uses the information or sketch, plan,

model, article, note or document or the
knowledge of the content of such
material in a manner prejudicial to the
interest of the State;

(b) gives the sketch, plan, model, article,

note or document to any person other
than a person to whom he or she is
authorised to give it to, or a person to
whom it is in the interest of the State his
or her duty to give it to;

29
(c) withholds the information or retains the
sketch, plan, model, article, note or
document when he or she has no right
to withhold the information or retain
the material, or when it is contrary to
his or her duty to withhold or retain it,
or fails to comply with all directions
issued by lawful authority with regard
to the disclosure of the information or
the return or disposal of the material; or

(d) fails to take reasonable care of, or so

conducts himself or herself as to
endanger the safety of the information
or sketch, plan, model, article, note or
document, the person is liable on
conviction to imprisonment for one (1)
year or to a fine of one hundred
thousand naira (N100,000.00) or both.

(3) Any person who receives any

information, sketch, plan, model,
article, note or document knowing or
having reasonable grounds to believe at
the time it was received that the
information or sketch, plan, model,
article, note or document is being given
in contravention of subsection (1) and
(2) of this section and section 66, 67 and
69 commits an offence and is liable on
conviction to imprisonment for six (6)
months or to a fine of fifty thousand
naira (N50,000.00) or both unless the
person proves that such giving of the
information or sketch, plan, model,
article, note or document was without
the person’s consent.

30
Offences
relating to
70. (1) A person who-
official
documents (a) retains for any purpose prejudicial to the
interest of the State any official document,
whether or not completed or issued for use,
when the person has no right to retain it, or
when it is contrary to his or her 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 the exclusive
use of the person, or without lawful authority
or excuse is in possession of any official
document issued for the use of some other
person, or on obtaining possession of any
official document by finding, neglects or fails
to return it to the person or authority by
whom or for whose use it was issued or to a
police officer; commits an offence and is liable
on conviction to imprisonment for two (2)
years or to a fine of three hundred and sixty
thousand naira (N360,000.00) or to both
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.

Laws
relating to 71. Sections 66 to 69 are subject to any applicable laws
freedom of relating to freedom of information.
information
documents

31
 B- BRIBERY, CORRUPTION AND ABUSE OF OFFICE

Public
72. Any public official who, directly or indirectly asks
officials
demanding for, receives or obtains any property or benefit of
bribe any kind for the benefit of the official or for any
other person in order that the official acts or
refrains from acting in the performance of official
duties commits a felony and is liable on
conviction to imprisonment for seven (7) years.

Offering bribe 73. Any person who promises, offers or gives to a

to public
public official, for the benefit of the official or any
officials
other person, directly or indirectly, any property
or benefit of any kind in order that the official acts
or refrains from acting, in the exercise of official
duties commits a felony and is liable on
conviction to imprisonment for seven (7) years.

74. Any person who directly asks for, receives or

Person inviting obtains any property or benefit of any kind on
bribe on
account of account of actions of a public official in order that
Public Service the official acts or refrains from acting in the
performance of official duties commits a felony
and is liable on conviction to imprisonment for
seven (7) years.

Bargaining for 75. Any person who‐

offices Public
Service (a) corruptly asks, receives, or obtains, or agrees
or attempts to receive or obtain, any property or
benefit of any kind for himself or herself or any
other person on account of anything already done
or omitted to be done, or to be afterwards done or
omitted to be done, by him or her or any other
person, with regard to the appointment or
contemplated appointment of any person to any

32
 (b) office or employment in the public service, or
with regard to any application by any person for
employment in the public service; or

(c) corruptly gives, confers, or procures, or

promises or offers to give or confer, or to procure
or attempt to procure, to, upon, or for, any
person any property or benefit of any kind on
account of any such act or omission, commits a
felony and is liable on conviction to
imprisonment for three (3) years.
Extortion by 76. Any person who, being employed in the public
public officers
service, takes, or accepts from any other person, for
the performance of his or her duty, any reward
beyond such officer’s proper pay and emoluments,
or any promise of such reward, commits a felony
and is liable on conviction to imprisonment for
three (3) years.
Public officers
77. Any person who, being employed in the public
interested in
contracts service, knowingly acquires or holds, directly or
indirectly, otherwise than as a member of a
registered joint stock company consisting of more
than twenty persons, a private interest in any
contract or agreement which is made on account of
the public service with respect to any matter
concerning the department of the service in which
the person is employed, commits a felony and is
liable on conviction to imprisonment for three (3)
years and to be fined at the discretion of the court.
Offficers 78. Any person who, being employed in the public
charged with
administration
service, and being charged by virtue of his or her
of property of employment with any judicial or administrative
a special duties respecting property of a special character, or
character or
with special
respecting the carrying on of any manufacture,
duties trade, or business of a special character, and
having acquired or holding, directly or indirectly, a

33
 private interest in any such property, manufacture,
trade, or business, discharges any such duties with
respect to the property, manufacture, trade or
business, or with respect to the conduct of any
other person in relation thereto, commits a
misdemeanour and is liable on conviction to
imprisonment for one (1) year.

False claims 79. Any person who, being employed in the public
by officials service in such a capacity as to require or to enable
such person to furnish returns or statements
touching any sum payable or claimed to be payable
to himself or herself or to any other person, or
touching any other matter required to be certified
for the purpose of any payment of money or delivery
of goods to be made to any person, makes a return
or statement touching any such matter which is, to
his or her knowledge, false in any material
particular, commits a felony and is liable on
conviction to imprisonment for three (3) years.

Abuse of 80. (1) Any person who, being employed in the

office public service, does or directs to be done in abuse
of the authority of his or her office, any arbitrary
act prejudicial to the rights of another, commits a
misdemeanour and is liable on conviction to
imprisonment for two (2) years.

(2) If the act referred to in subsection (1) is done

or directed to be done for purposes of gain, the
person commits a felony and is liable on conviction
to imprisonment for three (3) years.

(3) A prosecution for any offence under this

section and sections 76, 77 and 78 shall not be
instituted except by or with the consent of a law
officer.

34
 False 81. Any person who, being authorised or required by
certificates law to give any certificate touching any matter by
by public
officers
virtue whereof the rights of any other person may
be prejudicially affected, gives a certificate which
is, to his or her knowledge, false in any material
particular, commits a felony and is liable on
conviction to imprisonment for three (3) years.

Administering 82. (1) Any person who, administers an oath or takes

extra-judicial a solemn declaration or affirmation or affidavit
oaths
touching any matter with respect to which the
person has not by law any authority to do so,
commits a misdemeanour and is liable on
conviction to imprisonment for one (1) year.

(2) 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 in
respect of sudden death; nor to an oath,
declaration, affirmation, or affidavit, administered
or taken for some purpose which is lawful under
the laws of another country, or for the purpose of
giving validity to an instrument in writing which is
intended to be used in another country.

False 83. Any person who‐

assumption of
authority (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

35
 (c) nature which can only be done by persons
authorised by law to do so; or

(d) represents himself or herself 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 the person is not,
and knows that he or she is not, in fact, so
authorised, commits a felony and is liable on
conviction to imprisonment for three (3) years.

Impersonating
public officers 84. Any person who‐

(a) impersonates another person employed in

the public service on an occasion when the latter
is required to do any act or attend in any place by
virtue of his or her employment; or

(b) falsely represents himself or herself to be a

person employed in the public service, and
assumes to do any act or to attend in any place for
the purpose of doing any act by virtue of such
employment, commits a felony and is liable on
conviction to imprisonment for three (3) years.

Impersonating 85. Any person who, not being an official authorised to

uniformed
officials of wear uniforms in any State agency and with intent
state agencies that he or she may be taken to be such an official‐

a. wears any part of the uniform of officials of the

agency; or

b. wears any garb resembling any part of such

uniform, commits a misdemeanour and is
liable on conviction to imprisonment for one
(1) year.

36
 Unlawfully 86. (1) Any person who‐
wearing the
uniform of
officials of (a) not being a person serving in any of the State
agencies agencies who is authorised to wear a
uniform, wears the uniform or any part
thereof, 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 or of any
part thereof, wears any uniform or distinctive
badge or mark or carries any token calculated
to convey the impression that such person
holds any office or authority under the
Government, commits an offence and is liable
to imprisonment for one (1) month, unless the
person proves that he or she had the
permission of the State Governor to wear
such uniform or dress, badge or mark or to
carry such token:

(2) This section does 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, etc,
uniform, etc, to 87. Any person who, sells or gives any uniform, or part
unauthorized
persons of a uniform, or any dress, badge or mark, as
mentioned in sections 84 and 85, to any person
who is not authorised to wear the same, commits
an offence and is liable on conviction to the
penalties prescribed in the said section.

Offering bribe
to official of 88. Any person who, directly or indirectly promises,
private sector offers or gives any property or benefit of any kind to
entity
any official of a private sector entity, for the benefit
37
 of the official or any other person, in order that the
official acts or refrains from acting in the
performance of official duties commits a felony and
is liable on conviction to imprisonment for seven (7)
years.

Private official 89. Any official of a private sector entity who directly or
demanding
bribe indirectly asks for, receives or obtains any property
or benefit of any kind for the benefit of the official or
any other person in order that the official acts or
refrains from performing official duties commits a
felony and is liable on conviction to imprisonment for
seven (7) years.

Unlawful 90. Any person who owns or is in possession of assets,

enrichment wealth, or property, the source of which the owner or
person in possession cannot reasonably explain in
relation to lawful income or means commits a felony
and is liable on conviction to imprisonment for seven
(7) years.

Acceptance of 91. (1) Any person who‐

gift by agentt
(a) being an agent accepts, obtains or agrees to
accept or attempts to obtain, from any
person, for himself or herself 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 the affairs or
business of the agent’s principal, or for
showing or failing to show favour to any
person in relation to the principal's affairs or
business; or

(c) gives, 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 refrained from doing, any act in

38
 (d) relation to the principal's affairs or business,
or for showing or refraining from showing
favour or disfavour to any person in relation
to the principal's affairs or business; commits
a misdemeanour and is liable on conviction to
imprisonment for two (2) years or to a fine of
not less than one hundred thousand naira
(N100,000.00) or both.

(2) For the purposes of this section, the

expression –

(a) "consideration" includes valuable

consideration of any kind;

(b) "agent" includes any person employed by

or acting for another; and

(c) "principal" includes an employer.

(3) A person serving under the State or any Local

Government Council is an agent within the meaning
of this section.

C- OFFENCES RELATING TO THE ADMINISTRATION OF JUSTICE

Perjury 92. (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, commits the offence of perjury.

(2) It is immaterial whether-

39
 (a) the testimony is given on oath or under
any other sanction authorised by law;

(b) the false testimony is given orally or in

writing;

(c) 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

(d) the person who gave the testimony is a

competent witness or not, or whether the
testimony is admissible in the
proceeding or not.

(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 the
person, assents to the forms and
ceremonies actually used.

Punishment 93. (1) Any person who commits perjury is

for perjury liable to imprisonment for three (3)
years.

(2) If the offender commits the offence in

order to procure the conviction of another
person for an offence punishable with death
or with imprisonment for life, the offender is
liable to imprisonment for fourteen (14) years.

(3) If any person is convicted for an offence

punishable with life imprisonment or death

40
 on the account of the perjury of another, the
offender is liable to life imprisonment.

Fabricating 94. Any person who, with intent to mislead any court
evidence
or tribunal in any judicial proceeding‐

(a) 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, commits a felony, and is liable
on conviction to imprisonment for seven
(7) years.

Corruption 95. Any person who‐

of witnesses
(a) gives, confers, or procures, or promises or
offers to give or confer, or to procure or attempt to
procure, any property or benefit of any kind to,
upon, or for, any person, upon any agreement or
understanding that any person called or to be called
as a witness in any judicial proceeding shall give
false testimony or withhold true testimony; or

(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 herself or any other
person, upon any agreement or understanding that
any person shall as a witness in any judicial
proceeding give false testimony or withhold true
testimony, commits a felony and is liable on
conviction to imprisonment for seven (7) years.

41
 Deceiving 96. Any person who practises any fraud or deceit, or
witness
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, commits a felony and is
liable on conviction to imprisonment for three (3)
years.

Destroying 97. Any person who, knowing that any book, document,
evidence
or other thing of any kind, is or may be required in
evidence in a judicial proceeding, wilfully removes,
conceals or destroys it or renders it illegible or
undecipherable or incapable of identification, with
intent thereby to prevent it from being used in
evidence commits a felony, and is liable on
conviction to imprisonment for three (3) years.

Preventing 98. Any person who, wilfully prevents or attempts to

withessess
from prevent any person who has been duly summoned to
attending attend as a witness before any court or tribunal from
court
attending as a witness, or from producing anything
in evidence pursuant to the subpoena or summons,
Conspiracy
to bring commits a misdemeanour, and is liable on conviction
false to imprisonment for one (1) year.
accusation

99. 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, commits a felony.

False 100. A person who, conspires with another to cause any

accusation
person to be charged with an offence, whether
alleged to have been committed in the State or

42
 elsewhere, knowing that such person is innocent of
the alleged offence, commits a felony.

Punishment 101. Any person who commits an offence under sections

for false
accusation 98 and 99 shall be liable-
and
conspiracy
to bring (a) where the charge brought against the other
false
accusation
person is such that a person convicted of it is
liable to be sentenced to death or to
imprisonment for life, to imprisonment for
life;

(b) where the charge brought against the other

person is such that a person convicted of it is
liable to be sentenced to imprisonment, but
for a term less than life, to imprisonment for
fourteen (14) years;

(c) in any other case, to imprisonment for seven

(7) years.

Making false 102. (1) Any person who, gives any information
statement to
public which he or she knows or believes to be false,
officers with to any person employed in the public service
intent
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 or her lawful powers as a

person employed in the public service to the
injury or annoyance of any other person,
commits a misdemeanour and is liable on
conviction to imprisonment for one (1) year.

43
Perverting 103. (1) Any person who, conspires, with
justice
another to obstruct, prevent, pervert, or
defeat the course of justice commits a
felony and is liable on conviction to
imprisonment for seven (7) years.

(2) Any person who attempts, in any way

not specially defined in this Law, to
obstruct, prevent, pervert, or defeat, the
course of justice, commits a
misdemeanour and is liable on
conviction to imprisonment for two (2)
years.

Concealing or 104. (1) Subject to this Law or any other law,

failing to report
felonies any person who asks, receives, obtains,
agrees or attempts to receive or obtain
any property or benefit of any kind for
himself or herself or any other person on
any arrangement or understanding that
he or she will not disclose any
information concerning a felony that
may be of material assistance to the
prosecution of an offender, commits an
offence and is liable on conviction to
imprisonment for three (3) years.

(2) Where the felony referred to in

subsection (1) is such that a person
convicted of it is liable to be sentenced to
death or imprisonment for life, the
offender is liable on conviction to
imprisonment for five (5) years.

44
Compound 105. Subject to this Law or any other law, any
penal actions
person who, having brought, or under pretext
of bringing, an action against another person
upon a penal law, in order to obtain from that
person a penalty for any offence committed or
alleged to have been committed by him or her,
compounds the action without the order or
consent of the court in which the action is
brought or is to be brought, commits a
misdemeanour and is liable on conviction to
imprisonment for one (1) year.

Advertising a
reward for 106. Any person who‐
the return of
stolen (a) publicly offers a reward for the return of
property
any property which has been stolen, and in
the offer makes use of any words purporting
that no question will be asked, or that the
person producing such property will not be
seized or molested;

(b) publicly offers to return to any other

person who may have bought or advanced
money by way of loan upon any stolen
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,

commits a simple offence and is liable on
conviction to a fine of not less than twenty
thousand naira (N20,000.00).

Delay to 107. Any person who, having arrested another

take person
arrested
upon a reasonable suspicion of having
before a committed an offence, wilfully delays to take
court
such person before a court to be dealt with

45
 according to law commits a misdemeanour
and is liable on conviction to imprisonment for
two (2) years.
Bringing or
defending 108. Any person who, in the name of a fictitious
fictitious claimant or defendant, or in the name of a real
action
person but without that person’s authority,
brings or defends an action against another
person commits a felony and is liable on
conviction to imprisonment for three (3) years.

Inserting 109. Any person who, without authority, or

advertiseme
nt without
knowing the advertisement to be false in any
authority of material particular, inserts or causes it to be
court
inserted in the State Official Gazette or in any
newspaper, an advertisement purporting to be
published under the authority of any court or
tribunal commits a felony and is liable on
conviction to imprisonment for three (3) years.

Contempt 110. Any person who‐

of court
(a) within the premises in which any judicial
proceeding is being had or taken, or
within the precincts of the same, shows
disrespect, in speech or manner, to or
with reference to such proceeding, or any
person before whom such proceeding is
being had or taken;

(b) having been called upon to give evidence

in a judicial proceeding, fails to attend or,
having attended, refuses to be sworn or
to make an affirmation, or having been
sworn or affirmed, refuses without lawful
excuse to answer a question, or to
produce a document, or prevaricates, or
remains in the room in which such

46
 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 a judicial
proceeding, either before or after the
witness gives evidence, in connection
with such evidence;

(g) dismisses an employee because the

employee has given evidence on behalf of
a certain party to a judicial proceeding;

(h) retakes possession of land from any

person who has recently obtained
possession by a writ of court; or commits
any other act of intentional disrespect to
any judicial proceeding, or to any person
before whom such proceeding is being
had or taken, commits a simple offence
and is liable on conviction to
imprisonment for three (3) months.

47
D- UNLAWFUL RELEASE; ESCAPES; OBSTRUCTING OFFICERS OF
COURT

Unlawful 111. (1) Any person who unlawfully releases or

release from
custody attempts to unlawfully release from
lawful custody any other person
commits a felony and is liable on
conviction to imprisonment for seven (7)
years.

(2) Where the person in lawful custody is

under a sentence of death or
imprisonment for life, or charged with
an offence punishable with death or
imprisonment for life, the offender
commits a felony and is liable on
conviction to imprisonment for life.

(3) For the purposes of this section, if the

person unlawfully released or sought to
be 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 112. (1) Any person who escapes from lawful
lawful
custody custody commits a misdemeanour and
is liable on conviction to imprisonment
for two (2) years.

(2) Where the person referred to in

subsection (1) is charged with or
convicted of a felony or misdemeanour,
the person commits a felony and is
liable on conviction to imprisonment for
seven (7) years.

48
Aiding
prisoners to 113. Any person who, aids a prisoner in escaping or
escape attempting to escape from lawful custody, or
conveys anything or causes anything to be
conveyed into a prison with intent to facilitate
the escape of a prisoner, commits a felony and
is liable on conviction to imprisonment for
seven (7) years.

Permitting 114. (1) Any person who, being an officer of a

escape prison, or a member of the police force,
wilfully permits any other person in
lawful custody to escape commits a
felony and is liable on conviction to
imprisonment for three (3) years.

(2) Where the person in lawful custody is

charged with an offence punishable by
death, or penal servitude or
imprisonment for life, the offender
commits a felony and is liable on
conviction to imprisonment for seven (7)
years.

Negligently 115. Any person who, being an officer of a prison, or

permitting a member of the police force, negligently
escape
permits a person in lawful custody to escape,
commits a misdemeanour and is liable on
conviction to imprisonment for two (2) years.

Prison 116. If any prison officer or person in charge of any

officers convicted prisoner knowingly permits or suffers
accesory to
breaches of such prisoner to receive any tobacco, food,
discipline money, or other article, or to enter any house,
yard, or premises, not being the place appointed

49
 for the labour of the prisoner, such prison
officer or person commits a misdemeanour and
is liable on conviction to imprisonment for six
(6) months and to a fine of not less than ten
thousand naira (N10,000.00).

Releasing
insane
117. Any person who‐
persons
(a) releases another person being conveyed
as an insane person to a hospital, lunatic
asylum, or a reception house for the insane,
or to a house licensed under the laws relating
to insane persons for the reception of
patients, or to a prison, or releases any
person during that person’s confinement as
an insane person in any such place;

(b) being in charge of another person being

conveyed as an insane person to any such
place, wilfully permits the person to be
released from custody;

(c) being a superintendent of, or person

employed in, any such place, wilfully permits
a person confined as an insane person to be
released; or

(d) conceals any person, knowing that the

person has been released during such
conveyance in paragraph (a) or (b) or
confinement in paragraph (a) or (c), or has
escaped during such conveyance, or from
such confinement, commits a felony and is
liable on conviction to imprisonment for three
(3) years.

Removing 118. Any person who, when any property has been
property under
lawful seizure
attached or taken under the process or
authority of any court, knowingly, and with
intent to hinder or defeat the attachment or

50
 process, receives, removes, retains, conceals,
or disposes of such property, commits a felony
and is liable on conviction to imprisonment for
three (3) years.

Obstructing
officers of 119. Any person who wilfully obstructs or resists
courts of any person lawfully charged with the
justice
execution of an order or warrant of any court
commits a misdemeanour and is liable on
conviction to imprisonment for one (1) year or
to a fine of not less than twenty thousand
naira (N20,000.00).

E- MISCELLANEOUS OFFENCES AGAINST PUBLIC AUTHORITY

False declaration
as to excution of 120. Any person who subscribes a certificate or
death sentence declaration as to the execution of a death
sentence, which, in any material particular, is
to the person’s knowledge false, commits a
felony and is liable on conviction to
imprisonment for fourteen (14) years.

False Statements
in application for 121. Any person who for the purpose of procuring a
government government permit, whether for self, or for any
permit
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,
commits an offence and is liable on conviction
to imprisonment for one (1) year.

False Statements 122. Any person who, on any occasion on which a

and declarations
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 the person’s knowledge false, commits a
felony and is liable on conviction to
imprisonment for three (3) years.

51
 Resisting
public 123. Any person who, in any manner -
officers
(a) obstructs or resists any public officer while
engaged in the discharge or attempted discharge
of the public officer’s duties under any law or
regulation; or

(b) obstructs or resists any person while engaged

in the discharge or attempted discharge of any
duty imposed on the person by any law or
regulation, commits a felony and is liable on
conviction to imprisonment for three (3) years or
to a fine of two hundred thousand naira
(N200,000.00).

Refusal by 124. Any person required by any law, or regulation, to

public officer
to perform perform any act by virtue of the person’s
duty employment or office, who perversely and without
lawful excuse omits or fails to do any such act,
where such act or omission results in any of the
following:

(a) breakdown of law and order;

(b) exposure of any person to the risk of death or
grievous bodily harm;

(c) a public health hazard;

(d) damage to property;

(e) significant economic loss; or

(f) significant loss of opportunity, commits a

misdemeanour and is liable on conviction to
imprisonment for two (2) years.

Neglect to aid 125. Any person who, having reasonable notice that he
in arresting
offenders or she is required to assist any peace officer or
52
 member of the police force in arresting any person,
or in preserving the peace, without reasonable
excuse omits to do so, commits a misdemeanour
and is liable on conviction to imprisonment for one
(1) year.

Disobdience
to law or
126. (1) A person who-
regulaton
(a) without lawful excuse, the proof of which lies
on the person, does any act which he or she
is, by any law or regulation, forbidden to do;
or

(b) omits to do any act, which he or she is, by any

such law or regulation, required to do,
commits a misdemeanour, and is liable on
conviction to imprisonment for one (1) year.

(2) The person referred to in subsection (1) shall

be triable under this Law unless some other
mode of proceeding against the person for
such disobedience is expressly provided by
the law or regulation and is intended to be
exclusive of all other punishments.

PART 4

ACTS INJURIOUS TO THE PUBLIC IN GENERAL

A- OFFENCES RELATING TO RELIGIOUS WORSHIP

Insult to 127. Any person who does an act which any class
religion of persons consider as a public insult to 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 to their religion, commits a

53
 misdemeanour and is liable on conviction to
imprisonment for two (2) years or a fine of fifty
thousand naira (N50,000.00).

Offering
violence to 128. Any person who-
officiating
minister of (a) by threats or force prevents or attempts
religion
to prevent any minister of religion from lawfully
officiating in any place of religious worship, or
from performing his or her duty in the lawful
burial of the dead in any cemetery or other
burial place;

(b) by threats or force obstructs, or

attempts to obstruct, any minister of religion
while so officiating or performing his or her
duty; or

(c) assaults, or under the pretext 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;
commits a misdemeanour and is liable on
conviction to imprisonment for one (1) year.

Disturbing 129. Any person who wilfully and without lawful

religious justification or excuse, the proof of which lies
worship
on the person, disquiets, or disturbs any
meeting of persons lawfully assembled for
religious worship, or assaults any person
lawfully officiating at any such meeting, or any
of the persons there assembled, commits a
misdemeanour and is liable on conviction to
imprisonment for one (1) year or to a fine of
twenty thousand naira (N20,000.00).

54
B- TRIAL BY ORDEAL, WITCHCRAFT, JUJU AND CRIMINAL CHARMS

Trial by 130. (1) The trial by ordeal of any person by any

ordeal means which is likely to result in death
or bodily harm to any party to the
proceedings is unlawful.

(2) The court may by order prohibit the

worship or invocation of any juju which
appears to the court 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
trial by
131. (1) Any person who directs, controls or
ordeal presides at any trial by ordeal commits
a felony and is liable on conviction to
imprisonment for ten (10) years.

(2) Where the trial results in the death of

any party to the proceeding, the
offender is liable on conviction to
imprisonment for life.

Being present
at, or making 132. (1) Any person who‐
poison for,
trial by ordeal
(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 possesses
for sale or use any poison or thing
which is intended to be used for the
purpose of any trial by ordeal,
commits a misdemeanour and is
liable on conviction to
imprisonment for one (1) year.

55
133. (1) Any person who-

(a) by his or her statements or actions

claims to be a witch or to have the power
of witchcraft;

(b) accuses or threatens to accuse another

of being a witch or with having the power
of witchcraft;

(c) makes, sells, uses, assists or takes part

in making or selling or using, or is in
possession of, or claims 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 law; or

(e) is in possession of, or 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;

56
 (f) makes, uses or assists in making, using,
or is in possession of anything
whatsoever, the making, use or
possession of which has been prohibited
by an order of court as being or believed
to be associated with human sacrifice or
other unlawful practice, commits a
felony, and is liable on conviction to
imprisonment for five (5) years.

Permitting
trial by
134. Any person who directly or indirectly permits,
ordeal and promotes, encourages or facilitates any trial by
prohibited
juju
ordeal, the worship or invocation of any juju which
worship has been prohibited by an order of court, or who,
knowing of such trial, worship or invocation or
intended trial, worship or invocation, does not
report the same to a police officer or any other
security agent, commits a felony and is liable on
conviction to imprisonment for three (3) years.

Destruction 135. Any house, grove or place in which it has been

of place customary to hold any trial by ordeal, or the
where
ordeal or worship or invocation of any juju which is
prohibited
juju
prohibited by an order of court, may, together with
worship is all articles found there, be destroyed or erased on
held
the order of any court by such persons as the court
may direct.

Criminal 136. Any person who‐

charms
(a) buys, procures either for personal use or the
use of another person, 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 malefactors, or to aid or

57
 assist in any way in the perpetration of any
burglary, housebreaking, 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 in possession of any fetish or charm

mentioned in paragraph (a) without lawful
and reasonable excuse, commits a felony
and is liable on conviction to imprisonment
for five (5) years.

OFFENCES AGAINST MORALITY

Unnatural 137. Any person who‐

offences
(a) has sexual intercourse with another person
against the order of nature; or

(b) has sexual intercourse with an animal; or

(c) permits another person to have sexual

intercourse with him or her against the
order of nature; commits a felony and is
liable on conviction to imprisonment for
seven (7) years.

Attempt to
commit
138. Any person who attempts to commit any of
unnatural the offences defined in section 136 commits a
offences
felony and is liable on conviction to
imprisonment for three (3) years.

Indecent 139. (1) Any person who unlawfully and indecently

treatment
of a child deals with a child commits a felony and is
liable on conviction to imprisonment for seven
(7) years.

58
 (2) The term "deal with" includes doing any act
which if done without consent, would
constitute an assault.

Indecent 140. Any person who commits any act of gross indecency
practices with another person in public or procures another
person to commit any act of gross indecency in
public with him or her, or another person commits
a felony and is liable on conviction to imprisonment
for three (3) years.

Householder
permitting 141. Any person who, being the owner or occupier of any
sexual
intercourse premises, or having, acting, or assisting in the
with a child management or control of any premises, induces or
on premises
knowingly permits any child to resort to or be in or
on such premises for the purpose of sexual
intercourse or indecent dealing, commits a felony
and is liable on conviction to imprisonment for
fourteen (14) years.

Sexual
intercourse 142. (1) Any person who, knowing another to be of
with
person of diminished mental capacity, has sexual
diminished intercourse with him or her commits a felony
mental
cpacity and is liable on conviction to imprisonment
for life.

(2) A person charged with an offence under this

section is excused from liability where he or
she can prove that the other person
knowingly consented.
Causing or
encouraaging
the seduction 143. (1) Whoever, having the custody, charge or care
or prostitution
of a child of a child, causes or encourages the seduction
or prostitution of, or sexual intercourse with,
or the commission of an indecent assault
upon such a child, commits a felony and is
59
 liable on conviction to imprisonment for
seven (7) years.

(2) For the purposes of this section, a person

shall be deemed to have caused or
encouraged the seduction or prostitution of,
or sexual intercourse with, or the commission
of an indecent assault upon, a child who has
been seduced, sexually or indecently
assaulted, or who has become a prostitute, if
the person has knowingly allowed the child to
consort with, or to enter or continue in the
employment of, any prostitute or person of
known immoral character.

Allowing a
child to be 144. Any person having the custody, charge or care of a
in a brothel child who has attained the age of four years and
allows that child to reside in or frequent a brothel,
commits a misdemeanour and is liable on conviction
to a fine of not less than ninety thousand naira
(N90,000.00) or to imprisonment for six (6) months
or both.
Knowledge
of age 145. With respect to any of the offences defined in
immaterial
sections 138, 140, 142 and 143, it is immaterial that
the defendant did not know that the person was a
child, or a child up to the age specified, or believed
that the person was not a child, or a child under the
age specified.

Procuration 146. (1) Any person who procures another-

(a) to have 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;

60
 (c) to leave the State with intent that he or she
may become an inmate of a brothel elsewhere;
or;

(d) to leave his or her usual place of abode in the

State, with intent that he or she may, for the
purposes of prostitution, become an inmate of
a brothel, either in the State or elsewhere,
commits a felony and is liable on conviction
to imprisonment for seven (7) years.
Procuring
sexual
intercourse of 147. Any person who‐
persons by
tthreats, or (a) by threats or intimidation of any kind
fraud, or
administering
procures a person, to have sexual intercourse
drugs with another either in the State or elsewhere;

(b) by any false pretence procures a person who

is not a prostitute or of known immoral
character to have sexual intercourse with
another, either in the State or elsewhere; or

(c) administers to, or causes a person to take any

drug or other thing with intent to stupefy or
overpower him or her, in order to enable
another person to have sexual intercourse
with him or her; commits a felony, and is liable
on conviction to imprisonment for seven (7)
years.

Abduction
of a child 148. (1) Any person who, with intent that another
with intent person may have sexual intercourse with a
to have
sexual child, takes or causes the child to be taken out
intercourse of the custody or protection of the father,
mother, or other person having the lawful care
or charge of the child, and against the will of
such father, mother or other person, commits

61
 a felony and is liable on conviction to
imprisonment for seven (7) years.

(2) It is a defence to a charge under subsection (1)

to prove that the defendant believed, on
reasonable grounds, that the child was of or
above the age of eighteen (18) years.

Person
trading in 149. (1) Any person who‐
prostitution
(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;
commits a misdemeanour and is liable
on conviction to imprisonment for two (2)
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 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 prostitution,
may issue a warrant authorising any police
officer to enter, search the premises and 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 or she is aiding, abetting, or
compelling the prostitution with any person or
generally shall, unless he or she can satisfy the
court to the contrary, be deemed to be knowingly
living on the earnings of prostitution.

62
Keeping 150. (1) Any person who‐
a brothel
(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, commits an
offence and is liable on conviction to
imprisonment for one (1) year or a fine
of not less than ninety thousand naira
(N90,000.00) or both.

(2) In the case of a second or subsequent

conviction for an offence under subsection (1), the
offender is liable to imprisonment for two (2) years
or to a fine of not less than two hundred thousand
naira (N200,000.00) or both.

(3) For the purposes of subsection (1), 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.

63
 Unlawful
detention 151. (1) Any person who detains another person
with intent
to have against such person’s will in or on any
sexual premises for the purpose of having sexual
intercourse
intercourse with the person detained commits
a felony and is liable on conviction to
imprisonment for five (5) years.

(2) A person is deemed to detain another person

in or on any premises for the purpose of
sexual intercourse if, with intent to compel or
induce the other person to remain in or on the
premises, the person puts him or her in a
state or condition which makes it
impracticable to leave.

(3) It is lawful for a person to take any such

wearing apparel as may be necessary to
enable the person leave a brothel or any
premises upon which he or she had been
unlawfully detained.
Conspiracy
to induce a 152. Any person who conspires with another to induce a
person to
have sexual person, by means of any false pretence or other
intercourse
fraudulent means, to permit another to have sexual
intercourse with him or her, commits a felony, and
is liable on conviction to imprisonment for three (3)
years.

Procurement
of
153. (1) Any person who, with intent to procure
miscarriage miscarriage of a woman, whether she is or is
not with child, administers to her or causes
her to take any substance, whether harmful
or not, or uses any force of any kind, or uses
any other means whatever on her, commits a
felony and is liable on conviction to
imprisonment for seven (7) years.

64
 (2) Where the offence committed in subsection
(1) was committed without the woman’s
consent, the offender shall be liable on
conviction to imprisonment for fourteen (14)
years.

Attempt to
procure own 154. Any woman who, with intent to procure her own
miscarriage miscarriage, whether she is or is not with child,
unlawfully administers to herself any substance,
whether harmful or not, or uses any force of any
kind, or uses any other means whatever on herself,
commits a felony and is liable to imprisonment for
seven (7) years.

Permitting
miscarriage
155. Any woman who, with intent to procure her own
miscarriage, whether she is or is not with child,
permits another person to administer to her any
substance, whether harmful or not, or use any
force of any kind or other means whatever on her,
commits a felony and is liable on conviction to
imprisonment for seven (7) years.

Supplying 156. Any person who supplies to or procures for any

drugs or
instruments person anything whatever, knowing that it is
to procure intended to be used to procure the miscarriage of a
miscarriage
woman, whether she is or is not with child,
commits a felony and is liable on conviction to
imprisonment for three (3) years.

Exclusion 157. A person shall not be liable for any act done in
of liability
relating to contravention of section 152, 154 and 155, where-
miscarriage
a. the intent to procure a miscarriage arises
from the need to prevent or terminate a
pregnancy resulting from rape or incest; and

b. the person administering the substance,

applying force or using any means whatever

65
 to procure the miscarriage is a qualified
medical practitioner.

Indecent 158. Any person who wilfully‐

acts
(a) without lawful excuse does any
indecent act in any public place; or

(b) does any indecent act in any place with

intent to insult or offend any person,
commits a misdemeanour and is liable
on conviction to imprisonment for two
(2) years.

Obscene
publications 159. (1) Any person who-
and
exhibitions
(a) for the purposes of or by way of trade,
or for the purposes of distribution or
public exhibition, makes, produces, or
is in possession of, any one or more
obscene writings, drawings, prints,
paintings, printed matter, pictures,
posters, emblems, photographs,
cinematograph films or any other
obscene objects, or any other object
tending to corrupt morals;

(b) for any of the purposes above-

mentioned conveys, or causes to be
conveyed, any such matters or things,
or in any manner whatsoever puts any
of them into circulation;

(c) carries on or takes part in any business,

whether public or private, concerned
with any such matters or things, or deals
in any such matters or things in any
manner whatsoever, or distributes any

66
 of them, or exhibits any of them publicly,
or makes a business of lending any of
them;

(d) advertises or makes known by any

means whatsoever with a view to
assisting the circulation of, or traffic in,
any such matters or things, that a
person is engaged in any of the acts
referred to in this section, or advertises
or makes known how, or from whom,
any such matters or things can be
procured either directly or indirectly; or

(e) publicly exhibits any indecent show or

performance or any show or
performance tending to corrupt morals,
commits a misdemeanour and is liable
on conviction to imprisonment for two (2)
years or to a fine of two hundred and fifty
thousand naira (N250,000.00) or to both
imprisonment and fine.

(2) If, in respect of any of the offences specified in

paragraph (a), (b), (c) or (d) of subsection (1),
any constitutive element thereof is committed
in the State such commission shall be
sufficient to render the person accused of
such offence triable in the State.

(3) A court, on convicting any person of an offence

against this section, may order to be destroyed
any matter or thing made, possessed or used for
the purpose of such offence.

(4) A court may, on the application of a law officer or

a superintendent of police, order the destruction
of any obscene matter or thing to which this
section relates, whether any person may or may

67
 not have been convicted under this section in
respect of such obscene matter or thing.

(5) Nothing in this section shall apply in relation to

exhibitions in private houses to which the public
are not admitted, or to a performance of a play
given on a domestic occasion in a private
dwelling, or to anything done in the course of
television or sound broadcasting.

C- NUISANCES

7. Common 160. (1) Any person who‐

nuisances
(a) obstructs any highway, by any permanent
work or erection thereon or injury thereto,
which renders the highway less
commodious 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 temporary use thereof, 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 or she

is bound to repair;

(d) does not repair a bridge which he or she 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 act not warranted by law, or omits

to discharge any legal duty, which act or
omission obstructs or causes inconvenience

68
 or damage to the public in the exercise of
rights common to the public; commits an
offence and is liable on conviction to
imprisonment for six (6) months.

(2) It is immaterial whether the act complained of in

subsection (1) is convenient to a larger number of
the public than it 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 of the public.

D- OFFENCES AGAINST PUBLIC HEALTH

8. Exposing
for sale 161. Any person who sells, as food or drink, or has in his
things or her possession with intent to sell it as food or
unfit for drink, any article which has been rendered or has
food or
become harmful, or is in a state unfit for food or
drink
drink, knowing or having reason to believe that the
same is harmful as food or drink, or is in a state unfit
for food or drink, commits a misdemeanour and is
liable on conviction to imprisonment for two (2) years.

9. Adulteration
of food or
162. (1) Any person who adulterates any article of food or
drink drink commits a felony and is liable on conviction
to imprisonment for seven (7) years.

(2) A food or drink is adulterated when it is mixed

with or composed of substances which are
harmful or impure making them unfit or unsafe
for human consumption.

10. Dealing in 163. Any person who‐

diseased
meat (a) knowingly takes into a slaughter‐house used for
the slaughter of any animals intended as food for
humans, the whole or any part of the carcass of
any animal which has died of any disease; or

69
 (b) knowingly sells the whole or part of the carcass
of any animal which has died of any disease, or
which was diseased when slaughtered, commits
a felony and is liable on conviction to
imprisonment for five (5) years.

11. Fouling 164. (1) Any person who by any act or default
water contaminates or allows to be contaminated, the
water of any spring, stream, river, well, tank,
reservoir, aqueduct or pond so as to render it less
fit for the purpose for which it is ordinarily used,
commits a felony and is liable on conviction to
imprisonment for five (5) years.

(2) Where an offence under subsection (1) is

committed by a body corporate during its
business, it shall be liable on conviction for a
felony punishable with a fine of not less than two
million naira (N2,000,000.00).

12. Burials in 165. Any person who without the consent of the local
houses government authority buries or attempts to bury any
corpse in any house, building, premises, yard, garden,
compound, or within a hundred yards of any residential
building, or in any open space situated within a
township, commits an offence and is liable on
conviction to imprisonment for six (6) months.

13. Harmful 166. Any person who‐

acts
(a) vitiates the atmosphere in any place so as to
make it harmful to the health of persons in
general dwelling or carrying on business in the
neighbourhood, or passing along a public way;
or

(b) does any act which is, and which the person
knows or has reason to believe to be, likely to
spread the infection of any disease dangerous to
life, whether human or animal, commits a felony
and is liable on conviction to imprisonment for
five (5) years.
70
 E- DISORDERLY PERSONS; BRINGING CONTEMPT ON UNIFORM

14. Disorderly 167. (1) The following persons‐

persons
(a) every prostitute‐

(i) behaving in a disorderly or indecent manner

in any public place;

(ii) loitering and persistently importuning or

soliciting persons for the purpose of
prostitution;

(b) every person who places himself or herself in any

public place to beg or gather alms, or causing or
procuring or encouraging any child or children to
do so;

(c) every person who, in any public place, conducts

himself or herself in a manner likely to cause a
breach of the peace;

(d) every person endeavouring by the exposure of

wounds or deformation to obtain or gather alms;

(e) every person going about as a gatherer or collector

of alms, or endeavouring to procure charitable
contributions of any nature or kind under any false
or fraudulent pretence;

(f) every person who exercises control, direction or

influence over the movements of a prostitute in
such a manner as to show that he or she is aiding
or controlling prostitution with any person; or

(g) every person found wandering in, on

or near any premises or in any road or highway or
any place adjacent to it or in any public place at
such time and under such circumstances as to
lead to the conclusion that such person is there for
an illegal or disorderly purpose, shall be deemed to
be a disorderly person.

71
 (2) A person found to be a disorderly person commits
a misdemeanour and is liable on conviction to a
fine of not less than one hundred thousand naira
(N100,000.00) or imprisonment for one (1) year or
both.

15. Bringing 168. Any person who, not being an official authorised to
contempt
on wear uniforms in any of the State agencies, wears
uniform the uniform of any of the agencies, or any dress
having the appearance or bearing any of the
regimental or other distinctive marks of any such
uniform, in such manner or in such circumstances
as to be likely to bring contempt on that uniform,
or employs any other person to wear such uniform
or dress, commits an offence, and is liable on
conviction to imprisonment for three (3) months or
to a fine of not less than fifty thousand naira
(N50,000.00).

PART 5

OFFENCES AGAINST THE PERSON AND OFFENCES RELATING TO

PARENTAL RIGHTS AND DUTIES

A- ASSAULTS AND VIOLENCE TO THE PERSON GENERALLY:

JUSTIFICATION AND EXCUSE

16. Punishment 169. Any person who unlawfully assaults another

for assault
commits a misdemeanour, and is liable on conviction,
if no greater punishment is provided, to imprisonment
for one (1) year.

17. Definition 170. (1) A person who-

of assault

(a) strikes, touches, moves, or otherwise applies

force of any kind to the person of another, either
directly or indirectly, without his or her consent;
or

72
 (b) by any bodily act, or gesture, attempts or
threatens to apply force of any kind to the person
of another without his or her consent, in such
circumstances that the person making the
attempt or threat has actual or apparent ability
to effect the purpose is said to assault that other
person.

(2) The term "applies force" includes the case of

applying heat, light, electrical force, gas, odour or
any other substance or thing whatsoever in such
a degree as to cause injury or personal
discomfort.

18. Unlawful
171. (1) An assault is unlawful and constitutes an offence
assaults
unless it is authorised or justified or excused by
law.

(2) The application of force by one person to the

person of another may be unlawful, although it is
done with the consent of that other person.
19. Assault
occasioning 172. Any person who, unlawfully assaults another and
harm thereby does him or her harm, commits a felony and is
liable on conviction to imprisonment for three (3) years.

20. Serious
assaults
173. Any person who‐

(a) assaults another with intent to commit a felony,

or with intent to resist or prevent the lawful arrest
or detention of himself or herself or of any other
person;

(b) assaults, resists, or wilfully obstructs a police

officer while acting in the execution of his or her
duty, or any person acting in aid of a police officer
while so acting;

73
 (c) unlawfully assaults, resists, or obstructs, any
person engaged in the lawful execution of any
process against any property, or in making a
lawful distress, while so engaged;

(d) assaults, resists, or obstructs any person

engaged in such lawful execution of process, or in
making a lawful distress, with intent to recover
any property lawfully taken under such process
or distress;

(e) assaults another on account of any act done in

the execution of any duty imposed on him or her
by law; or

(f) assaults another in pursuance of any unlawful

conspiracy respecting any manufacture, trade,
business, or occupation, or respecting any person
or persons concerned or employed in any
manufacture, trade, business, or occupation, or
the wages of any such person or persons,
commits a felony and is liable on conviction to
imprisonment for three (3) years.

21. Execution 174. It is lawful for a person who is charged by law with the
of duty of executing or giving effect to the lawful sentence
sentence
of a court, including a customary court, to execute or
give effect to that sentence.

22. Execution 175. It is lawful for a person who is charged by law with the
of process duty of executing the lawful process of a court, including
a customary court, and who is required to arrest or
detain another person under such process, and for every
person lawfully assisting a person so charged, to arrest
or detain that other person according to the terms of the
process.
23. Execution
of warrant 176. It is lawful for a person who is charged by law with the
duty of executing a lawful warrant issued by any court,
including a customary court, or judicial officer, or other

74
 person having jurisdiction to issue it, and who is
required to arrest or detain another person under such
warrant, and for every person lawfully assisting a person
so charged, to arrest or detain that other person
according to the directions of the warrant.
24. Sentence
25. or process 177. A person who executes or assists in executing any
or warrant sentence, or process, or warrant which purports to be
without passed or issued by a court, judicial officer, or other
jurisdiction person, and who would be justified, under sections 173,
174 or 175, in executing the same if it had been passed
or issued by a court or judicial officer, or person having
authority to pass or issue it, is not criminally responsible
for any act done in such execution notwithstanding that
the court, judicial officer or person had no authority to
pass the sentence or issue the process or warrant, if in
such execution he or she acted in good faith and in the
belief that the sentence, process or warrant was that of
a court, judicial officer, or other person, having such
authority.

26. Arrest of
178. (1) A person who, being duly authorised to execute a
wrong
person warrant to arrest one person, arrests another
person, believing in good faith and on reasonable
grounds that the person arrested is the person
named in the warrant, is not criminally
responsible for doing so to any greater extent
than if the person arrested had been the person
named in the warrant.

(2) Any person who lawfully assists in making such

an arrest believing that the person arrested is the
person named in the warrant, or who, being
required by the warrant to receive and detain the
person named in it, receives and detains the
person so arrested, is not criminally responsible
for doing so to any greater extent than if the
person arrested had been the person named in
the warrant.

27. Irregular 179. When any process or warrant is bad in law by reason of
process or some defect in substance or in form apparent on the face
warrant
75
 of it, a person who, in good faith and believing that it is
good in law, acts in the execution of the process or
warrant, is not criminally responsible for anything done
in such execution to any greater extent than if the
process or warrant were good in law.

28. Force
used in
180. It is lawful for a person who is engaged in the lawful
executing execution of any sentence, process or warrant, or in
process making any arrest, and for any other person lawfully
or in assisting him or her, to use such force as may be
arrest
reasonably necessary to overcome any force used in
resisting such execution or arrest.

29. Peace 181. When a peace officer or police officer is proceeding

officer
preventing
lawfully to arrest, with or without warrant, a person for
escape an offence which is a felony, and is such that the
from arrest offender may be arrested without warrant, and the
person sought to be arrested takes to flight in order to
avoid arrest, it is lawful for the peace officer or police
officer and for any person lawfully assisting him or her,
to use such force as may be reasonably necessary to
prevent the escape of the person sought to be arrested.

(a) Other cases 182. (1) When a person who is not a peace officer or police
of preventing
escape from
officer, is proceeding lawfully to arrest without
arrest warrant and the person sought to be arrested
tries to escape, it is lawful for the person seeking
to arrest to use such force as is reasonably
necessary to prevent the offender’s escape.

(2) Nothing in this section shall authorise the use of

force which is intended or likely to cause death or
grievous harm.
30. Preventing
escape or 183. (1) When a person has lawfully arrested another
rescue person for any offence, it is lawful for the person
after to use such force as he or she believes, on
arrest
reasonable grounds, to be necessary to prevent
the escape or rescue of the person arrested.

76
 (2) Nothing in this section shall authorise the use of
force which is intended or is likely to cause death
or grievous harm, if the offence is not one which
is such that the offender may be arrested without
warrant.
31. Preventing
a breach of 184. (1) It is lawful for any person who witnesses a breach
the peace of the peace to interfere to prevent the
continuance or renewal of it, and to use such
force as is reasonably necessary for such
prevention and is reasonably proportioned to the
danger to be apprehended from such continuance
or renewal, and to detain any person who is
committing or who is about to join in or to renew
the breach of the peace for such time as may be
reasonably necessary in order to give him or her
into the custody of a peace officer or police officer.

(2) It is lawful for a peace officer or police officer who

witnesses a breach of the peace, and for any
person lawfully assisting the peace officer or
police officer, to arrest any person whom he or
she finds committing it, or whom he or she
believes on reasonable grounds to be about to join
in or renew the breach of the peace.

(3) It is lawful for a peace officer or police officer to

receive into custody and detain in custody any
person given into his or her charge as having
been a party to a breach of the peace by a person
whom the peace officer or police officer believes,
on reasonable grounds, to have witnessed the
breach of the peace.

184. Suppression 185. It is lawful for any person to use such force as is
of riot
necessary to suppress a riot, and is reasonably
proportioned to the danger to be apprehended from its
continuance.

77
185. Suppression 186. It is lawful for a peace officer to use or order to be used
of riot by
such force as he or she believes, on reasonable
peace
officers grounds, to be necessary in order to suppress a riot,
and is reasonably proportioned to the danger which
the peace officer believes, on reasonable grounds, is to
be apprehended from its continuance.
Suppression of
riot by person 187. It is lawful for any person acting in good faith in
acting under obedience to orders, not manifestly unlawful, given by a
lawful orders peace officer for the suppression of a riot, to use such
force as he or she believes, on reasonable grounds, to
be necessary for carrying such orders into effect.
186. Suppression
of riot by 188. When any person, whether subject to military law or
person not, believes, on reasonable grounds, that serious
acting
mischief will arise from a riot before there is time to
without
order in procure the intervention of a peace officer, it is lawful
case of for that person to use such force as he or she believes,
emergency on reasonable grounds, to be necessary for the
suppression of the riot, and as is reasonably
proportioned to the danger which the person believes,
on reasonable grounds, is to be apprehended from its
187. Riot: continuance.
persons
subject to
military law 189. It is lawful for a person who is bound by the laws in
or members force relative to the Armed Forces of Nigeria or to the
of the
Police Force to obey the lawful commands of his or her
Police
Force superior officer, to obey any command given to him or
her by the superior officer, for the suppression of a riot,
unless the command is manifestly unlawful.

188. Prevention 190. It is lawful for any person to use such force as is
of offences reasonably necessary in order to prevent any act from
being done which the person believes, on reasonable
grounds, would, amount to any offence or in order to
prevent a person whom he or she believes on reasonable
grounds, to be of unsound mind, from doing violence to
any person or damaging any property.

78
189. Defence of 191. It is lawful for any person or another lawfully assisting
residence him or her or acting by the person’s authority, to use
such force as he or she believes, on reasonable grounds,
to be necessary to prevent the forceful entering of the
person’s residence, by any person whom he or she
believes on reasonable grounds, to be attempting to
forcefully enter the person’s residence with intent to
commit an offence there.

Provocation 192. (1) The term "provocation", includes any wrongful

act or insult of such a nature which when done
to a person, or in the presence of another with
whom that person has a special relationship,
could likely make the person to lose power of self‐
control, and to induce him or her to do an act
which amounts to an offence.

(2) In this section, two or more persons are deemed

to be in a special relationship if they are in a
conjugal, parental, filial or guardianship
relationship or such other relationships that
given the cultural context, can reasonably be
expected to create a strong bond of affection and
respect between the parties.

(3) A person provokes another when he or she does

the act or offers the insult referred to in
subsection (1)-

(a) to that other person; or

(b) to a person in the presence of that other

person where the special relationship or
circumstance in subsection (2) exists.

(4) A lawful act is not provocation to any person for

an assault.

(5) An arrest which is unlawful is not necessarily

provocation for an assault, but it may be evidence

79
 of provocation to a person who knows of the illegality.

190. Defence of 193. (1) A person is not criminally responsible for an

provocation assault committed against another who provokes
him or her or an assault against any person by
mistake or accident if-

(a) the person is, in fact, deprived of his or her

power of self‐control by the provocation and
acts on it suddenly and before there is time
for his or her passion to cool; and

(b) the force is proportionate to the

provocation, is not intended, and is not
likely, to cause death or grievous bodily
harm.

(2) The following shall be questions of fact:

(a) whether any particular act or insult is such

as to be likely to deprive an ordinary person
of the power of self‐control and to induce
him or her to commit an assault;

(b) whether in the particular case, the person

provoked was actually deprived of the
power of self‐control, by reason of the
provocation; and

(c) whether any force used is proportionate to

the provocation.

191. Prevention of 194. It is lawful for any person to use such force as is
repetition of reasonably necessary to prevent the repetition of an act
insult
or insult of such a nature as to be provocation to him
or her for an assault:

Provided that the force used is not intended and is not

such as is likely, to cause death or grievous harm.

80
192. Self‐
defence 195. (1) When a person is unlawfully assaulted, and has
against not provoked the assault, it is lawful for that
unprovoked
person to use such force to the assailant as is
assault
reasonably necessary to defend himself or herself
against the assault, provided that the force used
is not intended and is not such as is likely to
cause death or grievous harm.

(2) When a person is unlawfully assaulted and has

not provoked the assault, and the nature of the
assault is such as to cause reasonable
apprehension of death or grievous harm, it is
lawful for that person to use such force as is
reasonably necessary to defend himself or herself
from death or grievous harm even though such
force may cause death or grievous harm.

193. Self‐
196. (1) When a person has unlawfully assaulted another
defence
against or has provoked an assault from another, and
provoked that other person assaults him or her with such
assault violence as to cause reasonable apprehension of
death or grievous harm, it shall be lawful for that
other person to use such force as is reasonably
necessary to defend himself or herself from death
or grievous harm, although such force may cause
death or grievous harm.

(2) Subsection (1) does not apply where the person

using force which causes death or grievous harm-

(a) first began the assault with intent to kill or to do

grievous harm to some person; or

(b) endeavoured to kill or to do grievous harm to

some person before the necessity of defending
himself or herself arose, except before such
necessity arose, the person using such force
declined further conflict, quitted or retreated from
it as far as practicable.

81
 194. Aiding 197. In any case in which it is lawful for any person to use
in self‐ force in any degree for the purpose of defending himself
defence
or herself against an assault, it is lawful for any other
person acting in good faith in his or her aid to use a like
degree of force for the purpose of defending such
person.

195. Defence 198. It is lawful for any person who is in peaceable

of possession of any movable property, and for another
movable acting by his or her authority, to use such force as is
property
reasonably necessary in order to resist the taking of
against
trespass
such property by a trespasser, or in order to retake it
ers from a trespasser, provided that no harm is done to the
trespasser.

196. Defence of 199. When a person is in peaceable possession of any

movable movable property under a claim of right, it is lawful for
property the person, and for another acting by his or her
with claim
authority, to use such force as is reasonably necessary
of right
in order to defend the person’s possession of the
property, even against a person who is entitled by law
to possession of the property, provided that no harm is
done to such other person.

197. Defence 200. When a person who is entitled by law to the possession
of
of movable property attempts to take from another
movable
property person who is in possession of the property, but who
without neither claims right to it, nor acts by the authority of a
claim of person who claims right, and the person in possession
right resists him or her, it is lawful for the person so entitled
to possession to use force in order to obtain possession
of the property, provided that he or she does not do
harm to the person in possession.

198. Defence of 201. (1) It is lawful for any person who is in peaceable
premises possession or entitled to the control or
against
management of any land, structure, vessel or
trespassers;
removal of
place, and for another acting on his or her
disorderly
persons 82
 authority to use such force as is reasonably
necessary in order to-

(a) prevent any person from wrongfully

entering on such land, structure, vessel, or
place;

(b) remove from it a person who wrongfully

remains there, provided that neither of them
does grievous harm to such person; or

(c) remove from it any person who conducts

himself or herself in a disorderly manner,
provided that neither of them does grievous
harm to such person.

(2) In this section, the term "place" includes

any part of an enclosure or structure, whether
not separated from the rest of the enclosure or
structure, by a partition, fence, rope, or any other
means, or not.
199. Defence of
possession
202. When a person is in peaceable possession of any land,
of real
property or structure, or vessel, with a claim of right, it is lawful for
vessel with the person, and for another acting by his or her
claim of authority, to use such force as is reasonably necessary
right in order to defend the person’s possession, even against
a person who is entitled by law to the possession of the
property provided that neither of them does harm to
such person.
200. Exercise of
right of 203. When a person who claims to be lawfully entitled to
way or enter upon land for the exercise of a right of way or
easement
other easement or profit enters upon the land for the
purpose of exercising such right of way, easement, or
profit, after notice that his or her right to use such way
or easement or to take such profit is disputed by the
person in possession of the land, or having entered
persists in entry after such notice, it is lawful for the
person in possession, and for another acting by his or

83
 her authority, to use such force as is reasonably
necessary for the purpose of making the person so
entering desist from the entry, provided that neither of
them does harm to such person.

201. Correction
of child, 204. (1) Any application of force which does not result in
apprentice, grievous harm may be justified where-
ward and
employee,
(a) a parent or guardian corrects his or her child or
etc.
ward for misconduct or disobedience to any lawful
instruction;

(b) a master or mistress corrects his or her apprentice

who is a child for misconduct or default in duty;

(c) the captain of a ship corrects any person on board

the ship for misconduct or disobedience to any
lawful command; or

(d) any person to whom a parent or a guardian has

entrusted the custody of his or her child or ward
corrects the child for disobedience to any lawful
directive.

(2) A person who is authorised to inflict correction

mentioned in this section may, in any particular
case, delegate to any fit person the infliction of
such correction.

(3) No correction can be justified which is

unreasonable in kind or in degree, having regard
to the age, physical and mental condition of the
person on whom it is inflicted; and in the case of
a person who, by reason of tender years or
otherwise, is incapable of understanding the
purpose for which it is inflicted.

84
204. Use of
force for 205. (1) The captain of a vessel or any person acting
preserving by his or her order, may authorise the use of any
order on such force on or against any person on board the
board a
vessel as is necessary for suppressing any mutiny
vessel
or disorder on board the vessel, whether among
officers, crew members, or passengers, where-

(a) the safety of the vessel, or of any person in it or

about to enter or leave is likely to be endangered;
or

(b) the captain is threatened to be subjected to the

command of any other person.

(2) The captain may kill any person who commits, or

abets, such mutiny or disorder mentioned in
subsection (1) if the safety of the vessel or the
preservation of any such person cannot be
otherwise secured.

205. Surgical 206. A person is not criminally responsible for performing in

operations good faith and with reasonable care and skill a surgical
operation upon any person for his or her benefit, or upon
an unborn child for the preservation of the mother's life,
if the performance of the operation is reasonable, having
regard to the patient's state at the time and to all the
circumstances of the case.

206. Excessive 207. (1) Any person authorised by law to use force is
force
criminally responsible for any excess, according
to the nature and quality of the act which
constitutes the excess.

(2) Where in the exercise of a right of self-defence,

the defendant uses more force than is reasonably
necessary, which results in death, the defendant
is liable to be convicted for manslaughter.

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207. Consent to
208. Consent by a person to the causing of his or her own
death
immaterial
death does not affect the criminal responsibility of any
person by whom such death is caused.

208. Assault
with intent 209. Any person who assaults another with intent to have
to commit sexual intercourse with him or her against the order of
unnatural
nature commits a felony, and is liable on conviction to
offence
imprisonment for fourteen (14) years.
209. Assaults
on persons
protecting 210. Any person who unlawfully assaults and uses actual
wrecks violence to a peace officer or any other person while
acting in the execution of his or her duty in or concerning
the preservation of a vessel in distress, or of any vessel
or goods wrecked, or stranded or lying under water,
commits a felony and is liable on conviction to
imprisonment for seven (7) years.

B- SEXUAL OFFENCES

210. Definition 211. (1) A person who performs any act of sexual
of rape intercourse on another person without his or her
consent commits the offence of rape.

(2) “Without his or her consent” in subsection (1)

means the other person-

(a) does not consent to sexual intercourse;

(b) gives consent where such consent is

obtained by force or means of threat or
intimidation of any kind or by fear of harm
or by means of false or fraudulent
representation as to the nature of the act;

(c) consents to sexual intercourse because the

assailant posed as his or her spouse or
sexual partner;

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 (d) is administered any substance capable of
taking away his or her will; or

(e) is below the age of eighteen (18) years.

(3) This section does not apply to sexual intercourse

between husband and wife.

211. Punishment
for rape 212. (1) A person convicted of the offence of rape under
section 210 is liable to imprisonment for life
without an option of fine provided that he or she
shall-

(a) receive a minimum of twelve (12) years

imprisonment; or

(b) receive a minimum of twenty (20) years

imprisonment in the case of rape by a group
of persons.

(2) The court may order the convict to pay appropriate

compensation to the victim of rape.

212. Attempt
213. (1) A person who attempts to commit the offence
to commit
rape, provided for in section 210 commits an offence
accessory and is liable on conviction to a term of twelve (12)
to rape years imprisonment but not less than three (3)
years imprisonment without an option of fine

(2) A person who incites, aids, abets, or procures

another person to commit the offence provided for
in section 210 is deemed to have taken part in
committing the offence and is liable on conviction
to the punishment prescribed in section 211.

(3) A person who receives another, unless for the

purpose of handing him or her over to law
enforcement authority, or assists him or her

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 knowing that he or she committed the offence
provided for in section 210 is an accessory after
the fact and is liable on conviction to
imprisonment for twelve (12) years without an
option of fine.

213. Aggravated 214. (1) A person who, for sexual gratification, and
indecent without consent-
assault

(a) penetrates the mouth or any other opening

in the body of another person other than the
anus or vagina with anything; or

(b) causes to be inserted into his or her mouth

or any opening in his or her body other than
the anus or vagina, anything by another
person, commits a felony and is liable on
conviction to imprisonment for twenty-one
(21) years.

(2) “Without consent” in subsection (1) has the same

meaning as “without his or her consent” in
subsection (2) of section 210.

214. Indecent 215. (1) Any person who, for sexual gratification, touches
assaults another person without his or her consent
commits a felony and is liable on conviction to
imprisonment for five (5) years.

(2) In this section, touching may be done with any

part of the body or with anything else.

215. Abduction 216. Any person who, with intent to marry or have sexual
intercourse with a female of any age, or to cause her to
be married, or cause another person to have sexual
intercourse with her, takes her away, or detains her,
against her will, commits a felony and is liable on
conviction to imprisonment for seven (7) years.

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216. Abduction
217. Any person who, with intent to marry or have sexual
from custody
of parents intercourse with a girl under the age of eighteen (18)
years or who with intent to cause to be married or to have
sexual intercourse with any other person takes the girl
out of the custody or protection of any of her parents or
other person having the lawful care or charge of her, and
against the will of any such person commits felony and
is liable on conviction to imprisonment for ten (10) years.

217. Ignorance of 218. In the case of proceedings, in respect of an offence under

age of girl,
section 216, it is immaterial that-
or consent,
no defence
(a) the offender believed the girl to be of or above the
age of eighteen (18) years; or

(b) the girl was taken with her own consent or at her
own suggestion.

218. Sexual 219. (1) Any person who sexually harasses another
harassment commits a felony and is liable on conviction to
imprisonment for three (3) years.

(2) Sexual harassment is unwelcome sexual

advances, request for sexual favours, and other
visual, verbal or physical conduct of a sexual
nature by a person in authority, fiduciary
relationship or position of trust or any other
social relationship, which when submitted to or
rejected-

(a) implicitly or explicitly affects a person’s

employment or educational opportunity;
unreasonably interferes with the person’s
work or educational performance; or
impacts on the person’s religious, political,
social, or legal relationship;

(b) implicitly or explicitly suggests that

submission to or rejection of the conduct

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 will be a factor in academic or employment
decisions, or in relation to any other
opportunities; or

(c) creates an intimidating, hostile or offensive

learning and working environment.

219. Causing a 220. (1) Any person who causes another person or
person to persons to engage in a sexual activity without
engage in that other person’s consent commits a felony and
sexual
is liable on conviction to imprisonment for five (5)
activity
without years.
consent
(2) Where the sexual activity caused involves sexual
intercourse, the offender commits a felony and is
liable on conviction to imprisonment for life.

C- DUTIES RELATING TO THE PRESERVATION OF HUMAN LIFE

220. Duty to 221. (1) It is the duty of every person having charge of
provide another to provide for that other person the
necessaries necessaries of life if the other person is unable by
reason of age, sickness, unsoundness of mind,
detention or any other cause to withdraw himself
from such charge and is unable to provide himself
or herself with the necessaries of life.

(2) The person having charge of another is deemed to

have caused any consequences which result to
the life or health of the other person by reason of
any omission to perform the duty imposed in
subsection (1).

(3) It is immaterial to liability under subsection (1)

whether the charge is undertaken under a
contract, or is imposed by law, or arises by reason
of any act, whether lawful or unlawful, of the
person who has such charge.

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221. Duty of 222. It is the duty of every person who, as head of a family,
head of has charge of a child, being a member of the person’s
family household, to provide the necessaries of life for such
child, and the person shall be held to have caused any
consequence which results to the life or health of the
child by reason of any omission to perform that duty,
whether the child is helpless or not.

222. Duty of
master or 223. It is the duty of every person who as master or mistress
mistress and has contracted to provide necessary food, clothing,
or lodging, or medical treatment for any employee or
apprentice under the age of eighteen (18) years to
provide the same, and he or she shall be held to have
caused any consequence which results to the life or
health of the employee or apprentice by reason of any
omission to perform that duty.

222. Duty of 224. It is the duty of every person who, except in a case of
persons necessity, undertakes to administer surgical or medical
doing
treatment to any other person, or to do any other lawful
dangerous
acts
act which is or may be dangerous to human life or
health, to have reasonable skill and to use reasonable
care in doing such act, and he or she is held to have
caused any consequences which result to the life or
health of any person by reason of any omission to
observe or perform that duty.
223. Duty of
persons in 225. It is the duty of every person who has in his or her
charge of charge or control anything, whether living or inanimate,
dangerous and whether moving or stationary, of such a nature
things that, in the absence of care or precaution in its use or
management, the life, safety, or health of any person
may be endangered, to use reasonable care and take
reasonable precautions to avoid such danger; and he or
she is held to have caused any consequences which
result to the life or health of any person by reason of
any omission to perform that duty.

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224. Duty to 226. When a person undertakes to do any act, the omission
do of which may be dangerous to human life or health, it
certain is the duty of the person to do that act; the person shall
acts
be held to have caused any consequence which result
to the life or health of any person by reason of any
omission to perform that duty.
225. Breach of
contract 227. (1) Any person employed in any undertaking
of person concerned in the supply of electricity or water,
employed
who maliciously breaches the contract of service,
in certain
services
knowing or having reasonable cause to believe
that the probable consequence of his or her so
doing, either alone or in combination with others,
will be to deprive the community or any part
thereof either wholly or to a great extent of the
supply of electricity or water, commits an offence.

(2) Any person who maliciously breaches a contract

of service knowing or having reasonable cause to
believe that the probable consequences of his or
her so doing, either alone or in combination with
others, will be to endanger human life or
seriously to endanger public health, including the
health of the inmates of a hospital or similar
institution, or to cause serious bodily injury, or
to expose valuable property, whether real or
personal, to destruction or serious injury,
commits an offence.

(3) For the purposes of this section‐

(a) "maliciously" means with the intention of

producing any of the consequences set out in
subsection (1) or (2), as the case may be, or with
a reckless disregard of whether such
consequences are produced or not; and

(b) the termination of any contract of service, either

alone or in combination with others, on less than
seven days' notice of intention so to terminate, in

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 such circumstances that the actual or probable
consequences of the termination are those set out
in subsection (1) or (2), shall, where the length of
such notice required by any enactment, or by any
contract or service, is more than seven days, be
deemed to be a malicious breach of contract, and
the words "maliciously breaches" in this section
shall be construed accordingly.

(4) An offender under this section is liable, on

conviction, to-

(a) a fine of one hundred thousand naira

(N100,000.00) or to imprisonment for two (2)
months or both;

(b) a fine of one million naira (N1,000,000,00), if a

corporation.

D- HOMICIDE; SUICIDE; CONCEALMENT OF BIRTH; UNLAWFUL

POSSESSION OF HUMAN PART

226. Definition
228. Except as hereinafter set forth, any person who causes
of killing
the death of another, directly or indirectly, by any
means whatever, is deemed to have killed that other
person.
227. Killing of
a human 229. It is unlawful to kill any person unless such killing is
being
authorised or justified or excused by law.

228. When a
230. A child becomes a person capable of being killed when
child
becomes
the child has completely proceeded in a living state from
a human the body of the mother, whether the child has breathed
being or not, has an independent circulation or not, and
whether the navel‐string is severed or not.

229. Death 231. When a child dies in consequence of an act done or

230. by acts omitted to be done by any person before or during the
done at
birth of the child, the person who did or omitted to do
childbirth
such acts is deemed to have killed the child.

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 231. Causing
232. A person who, by threat or intimidation or by deceit,
death by
threats causes another person to do an act or make an
omission which results in the death of that other
person, is deemed to have killed him or her.

232. Acceleration 233. A person who does any act or makes any omission
of death which hastens the death of another person who, when
the act is done or the omission is made, is labouring
under some disorder or disease arising from another
cause, is deemed to have killed that other person.
233. When
injury or 234. When a person causes bodily injury to another from
death which death results, it is immaterial that the injury
might be
might have been avoided by proper precaution on the
prevented
by proper
part of the person injured, or that his or her death from
precaution that injury might have been prevented by proper care
or treatment.

Injury 235. When a person does grievous harm to another, and

causing such other person has recourse to surgical or medical
death in treatment, and death results either from the injury or
consequence
the treatment, he or she is deemed to have killed that
of
subsequent
other person, although the immediate cause of death
treatment was the surgical or medical treatment, provided that the
treatment was reasonably proper under the
(b) circumstances, and was applied in good faith.

Unlawful 236. Any person who unlawfully kills another commits an

homicide offence which is called murder or manslaughter,
according to the circumstances of the case.

32. Definition 237. (1) Subject to this Law, a person who unlawfully kills
of murder another-

(a) with intention to kill that person or some other

person; or

(b) with intention to do grievous harm to the person

killed or to some other person;
commits a felony called murder.

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 (2) For the purposes of this section, a person is
deemed to have intended to kill or to cause
grievous harm when death or grievous harm is-

(a) the desired consequence of his or her act or

omission; or

(b) not the desired outcome of his or her act or

omission but in bringing about the desired
outcome, he or she foresees death or grievous
harm as the probable and likely consequence of
his or her act or omission.

33. Definition of 238. A person who unlawfully kills another in such

manslaughter circumstances as not to constitute murder commits
manslaughter.

34. Involuntary 239. A person commits involuntary manslaughter if the

manslaughter person causes death-

(a) by an unlawful and dangerous act; or

(b) by gross negligence or reckless disregard for

human life.

35. Voluntary
240. (1) A person commits voluntary manslaughter if
manslaughter
by death at the hand of the person is caused by an
provocation act or omission done-

(a) in the heat of passion caused by grave and

sudden provocation;

(b) before there is time for his or her passion

to cool; and

(c) the force used is proportionate to the

provocation.

(2) For purposes of this section, the definition of

provocation in section 191 shall apply.

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36. Diminished
responsibility 241. (1) A person who kills or is a party to the killing of
another is not to be convicted of murder, but
manslaughter if the person was suffering from an
abnormality of mental function which-

(a) arose from a recognised medical condition;

(b) substantially impaired the person’s ability to

understand the nature of his or her conduct, or
to form a rational judgment, or to exercise self-
control, and

(c) provides an explanation for the person’s acts and

omissions in doing or being a party to the killing.

(2) For the purposes of subsection (1)(c) of this

section, an abnormality of mental function
provides an explanation for the person’s conduct
if it causes, or is a significant contributory factor
in causing, the person to carry out that conduct.

37. Punishment 242. (1) Subject to this section, any person who commits
for murder the offence of murder shall be sentenced to death.

(2) Where an offender who in the opinion of the court

had not attained the age of eighteen (18) years at
the time the offence was committed has been
found guilty of murder, such offender shall be
ordered to be dealt with in accordance with the
Child Rights Law, the Administration of Criminal
Justice Law and any other applicable law.

(3) Where a woman who has been convicted of

murder alleges she is pregnant or where the judge
before whom she is convicted considers it
advisable to have inquiries made as to whether or
not she is pregnant, the procedure laid in the
Administration of Criminal Justice Law and any
other applicable law shall apply.

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 38. Attempt to 243. Any person who‐
murder
(a) attempts unlawfully to kill another; or

(b) with intent unlawfully to kill another does any

act, or omits to do any act which it is his or her
duty to do, such act or omission being of such a
nature as to be likely to endanger human life,
commits a felony, and is liable on conviction to
imprisonment for life.

39. Attempt to 244. Any person who, being under sentence of penal
murder by
servitude or of imprisonment for three (3) years or more,
convict
attempts to commit murder is liable on conviction to
imprisonment for life.

40. Accessory 245. Any person who becomes an accessory after the fact to
after the murder commits a felony, and is liable on conviction to
fact to imprisonment for twenty one (21) years.
murder

41. Written 246. Any person who, knowing the contents thereof, directly
threats to or indirectly causes any person to receive any writing
murder
threatening to kill any person, commits a felony, and is
liable on conviction to imprisonment for seven (7) years.

42. Conspiring 247. Any person in the State who conspires with another to
to murder kill a person, whether that other person is in the State
or elsewhere, commits a felony and is liable to
imprisonment for life.
43. Punishment
for 248. Any person who commits the offence of manslaughter
manslaughter
is liable on conviction to imprisonment for life.

44. Aiding 249. Any person who‐

suicide
(a) procures another to kill himself or herself;

97
 (b) counsels another to kill himself or herself and
thereby induces him or her to do so; or

(c) aids another to commit suicide, commits a felony

and is liable on conviction to imprisonment for life.
Attempting
to commit 250. Any person who attempts to kill himself or herself
suicide commits a simple offence and the court shall make a
hospitalisation order.

Killing 251. Any person who, when a woman is about to be delivered

unborn of a child, prevents the child from being born alive by
child any act or omission of such a nature that, if the child
had been born alive and had then died, the person
would be deemed to have unlawfully killed the child,
commits a felony and is liable on conviction to
imprisonment for life.

Concealing 252. Any person who, when a woman is delivered of a child,

the birth endeavours, by any secret disposition of the dead body
of a child of the child, to conceal the birth, whether the child died
before, at or after, the birth, commits a misdemeanour
and is liable on conviction to imprisonment for two (2)
years.
Unlawful
disposal of 253. Any person who, when a woman is delivered of a child,
a child endeavours, by any secret disposal of the child to
substitute the said child with another child, commits a
felony and is liable to imprisonment for life.
Unlawful
possession 254. Any person who receives or is in possession of any part
of human of a human body except as permitted by law commits a
part
felony and is liable on conviction to imprisonment for
fourteen (14) years.

Misconduct
255. Any person who‐
with regard
to corpses
(a) without lawful justification or excuse, the proof of
which lies on him or her,

98
 (i) neglects to perform any duty imposed on the
person by law, or undertaken by him or her,
whether for reward or otherwise, touching the
burial or other disposition of a human body or
human remains;

(ii) improperly or indecently interferes with, or offers

any indignity to, any dead human body or
human remains, whether buried or not;

(b) eats or receives for the purpose of eating any part

of a dead human body; commits a misdemeanour
and is liable on conviction to imprisonment for
two (2) years.

E- OFFENCES ENDANGERING LIFE OR HEALTH

Incapacitating 256. Any person who with intent to commit or facilitate

in order to
commit felony
the commission of a felony or a misdemeanour,
or uses any means calculated to choke, suffocate,
misdemeanour strangle, stupefy or in order to incapacitate
another person, commits a felony and is liable on
conviction to imprisonment for fourteen (14)
years.

(a) Stupefying in 257. Any person who, with intent to facilitate the flight
order to of an offender after the commission or attempted
commit felony commission of a felony or misdemeanour,
or
administers or attempts to administer any
misdemeanour
stupefying or overpowering drug or thing to any
person, commits a felony and is liable on
conviction to imprisonment for fourteen (14)
years.
(b) Acts intended
to cause 258. Any person who, with intent to maim, disfigure or
grievous harm disable, any person, or to do some grievous harm
or prevent to any person, or to resist or prevent the lawful
arrest
arrest or detention of any person‐

99
 (a) unlawfully wounds or does any grievous
harm to any person by any means whatever;

(b) unlawfully attempts in any manner to strike

any person with any kind of projectile or with
a spear, sword, knife, or other dangerous or
offensive weapon;

(c) unlawfully causes any explosive substance to

explode;

(d) sends or delivers any explosive substance or

other dangerous or harmful thing to any
person;

(e) causes any such substance or thing to be

taken or received by any person;

(f) puts any corrosive fluid or any destructive or

explosive substances in any place;

(g) unlawfully casts or throws any such fluid or

substances at or upon any person, or
otherwise applies any such fluid or substance
to the person of another, commits a felony
and is liable on conviction to imprisonment
for twenty one (21) years.

45. Preventing 259. A person who unlawfully‐

escape from
wreck (a) prevents or obstructs another who is on
board of, or is escaping from a vessel which is
in distress or wrecked, in that other person’s
endeavours to save his or her life; or

(b) obstructs another in his or her endeavours to

save the life of any person so situated,
commits a felony and is liable on conviction
to imprisonment twenty one (21) years.

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(c) Intentionally
endangering 260. Any person who, with intent to injure or to endanger the
safety of safety of any other person travelling by any means of
travellers
transportation-

(a) places anything on the route of transportation;

(b) deals with such route of transportation or with

anything whatever on or near it in such a way as
to affect or endanger its free and safe use, or the
safety of any person;

(c) shoots or throws anything at, into, or on, or

causes anything to come into contact with any
person or thing on such route;

(d) shows any light or signal or in any way deals with

any existing light or signal, on or near any such
route; or

(e) by any omission to do any act which it is his or

her duty to do causes the safety of any person to
be endangered, commits a felony and is liable on
conviction to imprisonment for twenty-one (21)
years.

(d) Grievous 261. Any person who unlawfully does grievous harm to
harm another commits a felony and is liable on conviction to
imprisonment for seven (7) years.
Attempting 262. Any person who unlawfully, and with intent to do any
to injure by
harm to another, puts any explosive substance in any
explosive
substances place whatever, commits a felony and is liable on
conviction to imprisonment for fourteen (14) years.

(e) Maliciously 263. A person who unlawfully, and with intent to injure or
administeri annoy another, causes any poison or other harmful
ng poison thing to be administered to, or taken by, any person,
with intent and thereby endangers the life of that person, or does
to harm
the person some grievous harm, commits a felony and
is liable on conviction to imprisonment for fourteen (14)
years.

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 Wounding
and similar 264. Any person who‐
acts
(a) unlawfully wounds another; or

(b) unlawfully, and with intent to injure or

annoy any other person, causes any poison
or other harmful thing to be administered
to, or taken by, any person, commits a
felony and is liable on conviction to
imprisonment for three (3) years.

Failure to 265. Any person who, being charged with the duty of
supply
providing for another the necessaries of life, without
necessarie
s lawful excuse fails to do so, whereby the life of that
other person is or is likely to be endangered, or his or
her health is or is likely to be permanently impaired,
commits a felony and liable on conviction to
imprisonment for three (3) years.
Endangering 266. Any person who being charged as a master or mistress
life or
health of
of an employee or apprentice in any manner causes any
employees harm to such employee or apprentice such that the life
and of the employee or apprentice is or likely to be
apprentices endangered, or the health of the employee or apprentice
is likely to be impaired commits a felony and is liable on
conviction to imprisonment for three (3) years.
Abandoning 267. Any person who unlawfully abandons or exposes a child
or exposing
under the age of twelve (12) years, in such a manner
children
that any grievous harm is likely to be caused to the
child, commits an offence and is liable on conviction to
imprisonment for six (6) months, or a fine of fifty
thousand naira (N50,000) or community service.

Setting trap
268. (1) Any person who-

(a) sets or places any spring‐gun, trap or other device

calculated to kill or inflict grievous harm on any
person;

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 (b) sets or places any such thing in any place in a
manner that it is likely to kill or inflict grievous
harm on any person; or

(c) causes any such thing to be set or placed in any

place with intent to kill or inflict grievous harm
on any person coming into contact with it,
commits a felony and is liable on conviction to
imprisonment for three (3) years.

(2) Any person who comes into possession or

occupation of a place where a spring-gun, trap or
other device has been set or placed by another
person in a manner that it is likely to kill or inflict
grievous harm on any person and who knowingly
permits such spring-gun or trap to remain
commits a felony is liable on conviction to
imprisonment for three (3) years.

(3) This section does not make it unlawful to set any

trap such as is usually set for the purpose of
destroying vermin, or to set any spring-gun, trap
or other device, at night in a residence for the
protection of the residence.
Reckless
and
negligent 269. (1) Any person who in a reckless or negligent manner
acts as to endanger human life or cause harm to any
other person‐

(a) drives any vehicle or rides on any public

way;

(b) navigates, or takes part in the navigation or

working of, any vessel;

(c) does any act with fire or any combustible

matter, or omits to take precautions
against any probable danger from any fire
or any combustible matter in his or her
possession;

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 (d) omits to take precautions against any
probable danger from any animal in his or
her possession;

(e) gives medical or surgical treatment to any

person whom he or she has undertaken to
treat;

(f) dispenses, supplies, sells, administers, or

gives away, any medicine, or poisonous or
dangerous matter;

(g) does any act with respect to, or omits to take

proper precautions against any probable
danger from, any machinery of which he or
she is solely or partly in charge; or

(h) does any act with respect to, or omits to take

proper precautions against any probable
danger from, any explosive in his or her
possession, commits a misdemeanour and
is liable on conviction to imprisonment for
two (2) years.

(2) Any person who conveys or causes to be conveyed,

for hire, any other person by any means of
transportation in such a state or so loaded as to be
unsafe commits a misdemeanour and is liable on
conviction to imprisonment for one (1) year.

Negligent
270. Any person who unlawfully does any act, or omits to do
acts
causing any act which it is the person’s duty to do, which act or
harm omission causes harm to another person commits a
misdemeanour and is liable on conviction to
imprisonment for two (2) years.

(f) Operating
unfit 271. (1) Any person who operates, attempts to operate, is
ferries on a party to operating or attempting to operate a
intrastate ferry or other vessel in a state that is unfit for
waterways

104
 navigation into intrastate waterways such that
the life of any person is likely to be endangered,
commits a misdemeanour.

(2) It shall be a defence for a person charged under

subsection (1) to show that he or she used all
reasonable means to ensure that the ferry or
vessel was fit for navigation or that her being
operated on intrastate waterways in a state unfit
for navigation was in the circumstances
reasonable and justifiable.

(3) The person in charge of a ferry or other vessel

unfit for navigation who knowingly navigates
same on intrastate waterways such that the life
of any person is likely to be endangered commits
a misdemeanour, unless he or she proves that
navigating such vessel was in the circumstances
reasonable and justifiable.

(4) Any person convicted under this section is liable

to imprisonment for two (2) years.
Endangering
safety of 272. Any person who by any unlawful act, or by any omission
persons to do any act which it is the person’s duty to do, causes
travelling by
the safety of any person travelling by any road, railway
road,
railway etc.
or any other means of transport to be endangered
commits a misdemeanour and is liable on conviction to
imprisonment for two (2) years.
Endangering
vessel used
273. Any person who having control over any vessel used as a
as means of means of transportation or over any part of such vessel,
transporta- does an act or makes any omission or is privy to any act
tion or omission with respect to any part of the vessel, such
that the person knows that the safety of any person on
board such vessel is or is likely to be endangered
commits a felony and is liable on conviction to
imprisonment for three (3) years.

105
Endangering
vessel used 274. (1) Any person who is in charge of the machinery of
as means of a vessel used as a means of transportation at any
transporta-
time when any act is done or omitted to be done
tion by
person in
by any other person with respect to the
charge machinery of the vessel, whereby the safety of any
person on board the vessel is, or is likely to be
endangered commits a felony and is liable on
conviction to imprisonment for seven (7) years.

(2) It is a defence to a charge of the offence defined

in this section to prove that the act or omission
was done or made without the knowledge of the
defendant, and without any neglect or default on
the defendant’s part.

Evading
275. Any person who knowingly sends by any vessel, or
laws as to
shipping
carries in a vessel, any explosive substance, any acid, or
dangerous other thing of a dangerous or destructive nature, under
goods a false description of the substance or thing or with a
false description of the sender commits a felony and is
liable on conviction to imprisonment for three (3) years.
Landing
explosives 276. (1) Any person who‐

(a) being charged by law with any duty in respect of

the shipping, offloading, landing, putting
offshore, conveyance, delivery or storage of any
explosive substance, acid, or other thing of a
dangerous or destructive nature, from any vessel,
fails to perform that duty; or

(b) being concerned in the shipping, offloading,

landing, putting offshore, conveyance, delivery or
storage of any such substance, acid or thing
violates the laws relating to such shipping,
offloading, landing, putting offshore, conveyance,
delivery or storage, commits a felony and is liable
on conviction to imprisonment for three (3) years.

106
 Sending
dangero 277. (1) Any person who knowingly sends or attempts to
us or send by post anything which encloses anything,
obscene
whether living or inanimate, of such a nature as
things
by post
is likely to injure or cause damage to any other
thing while being conveyed, or to injure any
person commits a felony and is liable on
conviction to imprisonment for three (3) years.

(2) Any person who knowingly sends or attempts to

send by post anything which encloses an
indecent or obscene print, painting,
photograph, lithograph, engraving, book, card
or article, which has on it, or in it, or on its
cover, any indecent, obscene or grossly offensive
words, marks or designs commits a
misdemeanour and is liable on conviction to
imprisonment for one (1) year.

F- OFFENCES AGAINST LIBERTY: SLAVE DEALING

(g) Deprivation 278. Any person who unlawfully confines or detains another
of liberty
in any place against his or her will, or otherwise
unlawfully deprives another of his or her personal
liberty, commits a felony and is liable on conviction to
imprisonment for seven (7) years.
Deprivation
of liberty 279. Any person who unlawfully confines or detains another
for the
purpose of
in any place against his or her will, or otherwise
extortion unlawfully deprives another of his or her personal
liberty for the purpose of extortion commits a felony and
is liable on conviction to imprisonment for fourteen (14)
years.

Compelling
280. Subject to the Trade Unions Act, any person who, with
action by
intimidation intent to prevent or hinder any other person from doing
any act which he or she is lawfully entitled to do, or with
intent to compel such person to do any act which he or
she is lawfully entitled to abstain from doing, or to

107
 abstain from doing any act which he or she is lawfully
entitled to do:

(a) threatens such other person with injury to his or

her person, reputation, or property, or to the
person, reputation, or property of anyone in
whom he or she is interested;

(b) persistently follows such other person about from

place to place;

(c) hides any tools, clothes, or other property owned

or used by such other person, or deprives that
person of or hinders that person in the use of it;

(d) watches or besets the house or other place where

such other person resides, or works, or carries on
business, or happens to be, or the approach to
such house or place;

(e) follows such other person with two or more other

persons in a disorderly manner in or through any
street or road; or

(f) induces or attempts to induce that person to

believe that he or she, or any person in whom he
or she is interested, will become an object of
displeasure to the State or to any person
employed in the public service of the State,
commits a felony and is liable on conviction to
imprisonment for three (3) years

Compelling 281. Any person who, with any of the intents mentioned in
action by section 279 assaults any other person, commits a felony
assault
and liable on conviction to imprisonment for three (3)
years.

108
Concealment 282. Any person who‐
of matters
affecting (a) being required by law to keep any record
liberty
touching any matter relating to any other person
in confinement, refuses or neglects to keep such
record, or makes in such record an entry which,
in any material particular, is, to his or her
knowledge, false; or

(b) being required by law to give any information to

any person touching any person in confinement,
or to show to any person any person in
confinement, or any place in which a person is
confined‐

(i) refuses or neglects to give such information

or to show such person or place to any
person to whom he or she is required to give
the information or show the person or place;
or

(ii) gives to any person to whom he or she is

required to give it, information

(iii) touching any such matter which in any

material particular, is, to his or her
knowledge, false, commits a felony and is
liable on conviction to imprisonment for
three (3) years.

109
Human 283. Any person who‐
trafficking and
contemporary
slavery (a) deals or trades in, purchases, sells, transfers or
takes another person in order that such person
should be held or treated as a slave or in servitude;

(b) places or receives another person’s personal

service as a pledge or security for debt if the value
of those services as reasonably assessed is not
applied towards the redemption of the pledge or
liquidation of the debt or the length and nature of
those services are not respectively limited and
defined;

(c) participates in any institution or practice by which

a woman without the right to refusal, is promised
or given in marriage on payment of a consideration
in money or in kind to her parents, guardian,
family or any other person or group;

(d) participates in any institution or practice by which

the husband of a woman, his family or his clan,
has the right to transfer her to another person for
value received or otherwise;

(e) participates in any institution or practice by which

a woman on the death of her husband is liable to
be inherited by another person;

(f) participates in any institution or practice whereby

a child is delivered by either or both parents or by
the child’s guardian to another person, whether for
reward or not, with a view to the exploitation of the
child or of his or her labour;

(g) conveys or induces another person to come within

the limits of the State in order that such person
should be held, possessed, dealt or traded in,
purchased, sold, or transferred as a slave, or be
placed in servitude as a pledge or security for debt;

110
 (h) conveys or sends or induces another person to go
out of the limits of the State in order that such
person should be possessed, dealt or traded in,
purchased, sold, or transferred as a slave, or be
placed in servitude as a pledge or security for debt;

(i) whether or not a citizen of Nigeria holds or

possesses in the State another person as a slave or
in servitude; or

(j) enters into any contract or agreement with or

without consideration for doing any of the acts or
accomplishing any of the purposes mentioned in
this section, commits a felony and is liable on
conviction to imprisonment for fourteen (14) years.

G- OFFENCES RELATING TO PARENTAL RIGHTS AND DUTIES

Child stealing 284. (1) Any person who with intent to deprive any parent,
guardian or other person who has the lawful care
or charge of a child, of the possession of such
child, or with intent to steal any article on or in
custody of such child‐

(a) forcibly or fraudulently takes or entices

away, or detains the child; or

(b) receives or harbours the child, knowing

such child to have been taken or enticed
away or detained, commits a felony and is
liable on conviction to imprisonment for
fourteen (14) years.

(2) It is a defence to a charge under this section to

prove that the defendant claimed in good faith a
right to the possession of the child.

Desertion 285. (1) Any person who being the parent, guardian or
of child
other person having the lawful care or charge of a

111
 child, and being able to maintain such child,
wilfully and without lawful or reasonable cause
deserts the child and leaves the child without
means of support, commits a misdemeanour and
is liable on conviction to imprisonment for one (1)
year.

(2) In the case of a first-time offender, the court may

suspend the sentence for two (2) years and the
sentence shall lapse if the offender complies with
the order of court for the maintenance and care
of the child.

(3) In the case of a repeated offence, the offender may

be liable to a sentence of imprisonment without
the option of suspension.

(4) Nothing in this section shall affect the right of any

person to recover any cost reasonably incurred
with respect to the upkeep of the child during the
time the parent or guardian deserted the child.

Desertion of 286. (1) Any person who impregnates a woman or girl and
pregnant
fails, refuses or neglects to contribute to
woman
or girl maternity-related costs from ante-natal to post-
natal stages commits an offence and is liable on
conviction to a fine of forty-five thousand
(N45,000.00) without prejudice to the recovery of
any cost that any other person may have
reasonably incurred in relation to the upkeep of
the woman or girl.

(2) For the purposes of this section, maternity-

related costs include all medical expenses, food
expenses, reasonable shelter and other
necessaries.

(3) In determining the financial liability of a person

under subsection (1), the Court shall have regard
to the means and resources available to him.

112
 (4) Nothing in this section shall affect the right of any
person to recover from the defendant any
maternity-related cost reasonably incurred by the
person in relation to the upkeep of the woman or
girl.

PART 6

OFFENCES RELATING TO PROPERTY AND CONTRACTS

A- STEALING
Definition 287. (1) Any person who fraudulently or dishonestly-
of stealing

(a) takes anything capable of being stolen; or

(b) converts anything capable of being stolen to his

or her own use or to the use of any other person,
(c) commits the offence of stealing.

(2) A person is deemed to fraudulently or dishonestly

take or convert any property capable of being
stolen if the person does so with-

(a) intent to permanently deprive the owner of the

property;

(b) intent to permanently deprive any person who

has a special interest in the property;

(c) intent to use the property as a pledge or a

security;

(d) intent to part with the property on a condition

as to its return which he or she may be unable
to perform;

(e) intent to deal with the property in a manner that

it cannot be returned in the condition it was in
at the time of the taking or conversion; or

113
 (f) in the case of money, an intent to use it at will
although he or she may intend to repay the
owner afterwards.

(3) The term “special interest” includes any charge or

lien on the property, any right arising from or
dependent on holding possession of it, whether by
the person entitled to such right or by another
person on his or her behalf.

(4) The taking or conversion may be fraudulent or

dishonest although it is effected without secrecy
or attempt at concealment.

(5) In the case of conversion, it is immaterial

whether-

(a) the thing converted is taken for the purpose of

conversion, or whether it is at the time of the
conversion in the possession of the person who
converts it; or

(b) the person who converts the property is the

holder of a power of attorney for the disposition
of it, or is otherwise authorised to dispose of the
property.

(6) When a thing converted has been lost by the

owner and found by the person who converts it,
the conversion is not deemed to be fraudulent or
dishonest, if at the time of the conversion the
person taking or converting the thing does not
know the owner, and believes on reasonable
grounds that the owner cannot be found.

(7) A person shall not be deemed to take a thing

unless the person moves the thing or causes it to
move.

Things
capable
288. (1) Anything which is the property of another or a
of being body corporate is capable of being stolen.
stolen
114
 (2) In subsection (1), “property” –

(a) means money and all other properties,

including things in action and other intangible
properties which is the property of another;
(b) does not include real property.

Special cases 289. An agent will not be liable for stealing if the agent
pledges or gives a lien on any goods or documents
entrusted to him or her for an amount not greater
than the obligation of the principal to the agent.

Funds
290. (1) When a person receives, either alone or jointly
held under
direction with another person-

(a) any money or valuable security with a direction

that such money or any part of it, or any other
money received in exchange for such money or
valuable security or any part of both; or
(b) a power of attorney for the disposition of any
property with a direction that the proceeds of
such disposition shall be applied to any purpose
or paid to any person specified in the direction,

(c) such money or proceeds shall be deemed to

remain the property of the person who gave the
money, valuable security or power of attorney
until the direction has been complied with.

(2) Where the person receiving the money, valuable

security, or power of attorney, and the person
who gave the money, valuable security or power
of attorney ordinarily maintain a debtor and
creditor account between themselves, the person
who receives the money, valuable security, or
power of attorney cannot be charged with stealing
the money or any such proceeds in the absence
of a direction in writing.
Proceeds of
Property 291. When a person receives, either alone or jointly with
received another person, any property from another on terms
by agents authorising or requiring him or her to sell it or dispose
for sale
of it, and requiring him or her to pay or account for the

115
 proceeds of the property or any part of such proceeds,
or to deliver anything received in exchange for the
property to the person from whom it is received, or some
other person, then the proceeds of the property and
anything received in exchange for it, are deemed to be
the property of the person from whom the property was
received, until they have been disposed of in accordance
with the terms on which the property was received
unless it is a part of those terms that the proceeds, if
any, shall form an item in a debtor and creditor account
between him or her and the person to whom he or she
is to pay them to or account for them, and that the
relationship of debtor and creditor only shall exist
between them in that respect.

Money 292. When a person receives, either alone or jointly with

received another person, any money on behalf of another, the
for another
money is deemed to be the property of the person on
whose behalf it is received, unless the money is received
on the terms that it shall form an item in a debtor and
creditor account, and that the relationship of debtor
and creditor only shall exist between the parties in
respect of it.

Stealing by 293. When any person takes or converts anything capable of

persons being stolen, in such circumstances as would otherwise
having amount to stealing, it is immaterial that the person has
an interest an
interest in
a special interest therein, or that the person is the
the thing owner of the thing taken or converted subject to some
stolen special interest of some other person therein, or that he
or she is lessee, or is one of two or more joint owners, of
the thing, or that he or she is a director or officer of a
corporation or company or society who are the owners
of it.

Punishment 294. (1) Any person who steals anything capable of being
for stealing
stolen commits a felony, and is liable on
conviction if no other punishment is provided, to
imprisonment for three (3) years.

116
(2) Any person previously convicted of a felony under
subsection (1) is liable on conviction to
imprisonment for seven (7) years.

(3) If the thing stolen is a testamentary instrument,

whether the testator is living or dead, the offender
is liable on conviction to imprisonment for seven
(7) years.

(4) If the thing stolen is an animal which is the

property of any person whether it be in a
confinement, has escaped from confinement or
the young of any such animal, the offender is
liable on conviction to imprisonment for one (1)
year or to a fine of thirty thousand naira
(N30,000.00) or both.

(5) If the offence is committed in any of the following

circumstances‐

(a) if the thing is stolen from the person of another;

(b) if the thing is stolen from any kind of vessel,

vehicle or place of deposit used for the
conveyance or custody of goods in transit from
one place to another;
(c) if the thing stolen is attached to or forms part of
a road, highway or railway;
(d) if the thing is stolen from a vessel which is in
distress or wrecked or stranded;

(e) if the thing is stolen from a public office in which

it is deposited or kept; or

(f) if the offender, in order to commit the offence,

opens any locked room, box, or other receptacle
by means of a key or other instrument,

(g) the offender is liable on conviction to

imprisonment for seven (7) years.

117
(6) If the offender is a person employed in the public
service and the thing stolen is the property of the
State, or came into the possession of the offender
by virtue of his or her employment, the offender
is liable on conviction to imprisonment for seven
(7) years.

(7) If the offender is a clerk or employee, and the

thing stolen is the property of the offender’s
employer, or came into the possession of the
offender on account of his or her employment, the
offender is liable on conviction to imprisonment
for seven (7) years.

(8) If the offender is a director or officer of a

corporation or company, and the thing stolen is
the property of the corporation or company, the
offender is liable on conviction to imprisonment
for seven (7) years.

(9) If the thing stolen is any of the following‐

(a) property which has been received by the

offender with a power of attorney for its
disposition;

(b) property which has been entrusted to the

offender either alone or jointly with any other
person for him or her to keep in safe custody or
to apply, pay or deliver for any purpose or to any
person, the whole, any part of or any proceeds
of it;

(c) property which has been received by the

offender either alone or jointly with any other
person for or on account of any other person;

(d) the whole or part of the proceeds of any valuable

security which has been received by the offender
with a direction that the proceeds should be
applied to any purpose or paid to any person
specified in the direction; or

118
 (e) the whole or part of the proceeds arising from
any disposition of any property which have
been received by the offender by virtue of a
power of attorney for such disposition, such
power of attorney having been received by the
offender with a direction that the proceeds
should be applied to any purpose or paid to any
person specified in the direction,

(f) the offender is liable on conviction to

imprisonment for seven (7) years.
(10) If the thing stolen is a motor vehicle or motor
cycle the offender is liable on conviction to
imprisonment for seven (7) years.

B- Offences similar to stealing

Concealing 295. Any person who, with intent to defraud, conceals or

registers
takes from its place of deposit any register which is
authorised or required by law to be kept for
authenticating or recording the title to any property, or
for recording births, baptisms, marriages, deaths, or
burials or for keeping official records, or a copy of any
part of any such register which is required by law to be
sent to any public office, commits a felony and is liable
on conviction to imprisonment for fourteen (14) years.

Concealing 296. Any person who, with intent to defraud, conceals any
testamentary testamentary instrument, whether the testator is living
instruments
or dead, commits a felony and is liable on conviction to
imprisonment for seven (7) years.

Concealing 297. Any person who, with intent to defraud, conceals the
deeds whole or part of any document which is evidence of title
to any land or estate in land commits a felony and is
liable on conviction to imprisonment for seven (7) years.

Bringing 298. Any person who obtains any stolen property outside
stolen the State and brings such property into the State, or
goods into
the State 119
 has it in his or her possession in the State, commits an
offence and is liable on conviction to the same
punishment as if the person had stolen it in the State.

Fraudulent 299. Any mortgagor of any goods who removes or disposes of

disposition of the goods without the consent of the mortgagee with the
mortgaged intent to defraud commits a felony and is liable on
good
conviction to imprisonment for three (3) years.

(1) The term "mortgaged goods" in subsection (1)

includes any goods and chattels of any kind, and
any live animals and any progeny of any animals,
and any crops or produce of the earth whether
growing or severed which are subject, for the time
being, to any written instrument by which a valid
charge or lien is created on them by way of
security for any debt or obligation.

(2) The consent of the mortgagee may be either

express or implied from the nature of the property
mortgaged.

Fraudulent 300. Any person who fraudulently abstracts or diverts to his

appropriation
of power or her own use or to the use of any other person any
mechanical, illuminating or electrical power derived
from any machine, apparatus, or substance, the
property of another person commits a felony and is
liable on conviction to imprisonment for three (3) years.

B- STEALING WITH VIOLENCE; EXTORTION BY THREATS

Definition 301. Any person who steals anything and, at or immediately

of robbery before or immediately after the time of stealing it, uses
or threatens to use actual violence to any other person
or to any property in order to obtain or retain the thing
stolen or to prevent or overcome resistance to its being
stolen or retained, commits the offence of robbery.

120
Punishment 302. (1) Any person who commits the offence of robbery
of robbery shall upon conviction be sentenced to
imprisonment for twenty one (21) years.

(2) Where-

(a) the offender is armed with any dangerous or

offensive weapon or instrument, or is in
company with one or more other person or
persons; or

(b) at or immediately before or immediately after

the time of the robbery, the offender wounds or
uses any other personal violence to any person,
the offender shall upon conviction be sentenced
to death.

Punishment 303. (1) Any person who assaults another with intent to
for attempted
steal anything and, at or immediately before or
robbery
immediately after the time of the assault, uses or
threatens to use actual violence to any person or
property in order to obtain the thing intended to
be stolen, or to prevent or overcome resistance to
its being stolen, commits felony and is liable on
conviction to imprisonment for ten (10) years.

(2) If the offender is armed with any dangerous or

offensive weapon or instrument, or is in company
with any one or more other person or persons, or,
if, at or immediately before or immediately after
the time of the assault, the offender wounds or
uses any other personal violence to any person,
the offender is liable on conviction to
imprisonment for life.

Public servants 304. (1) Any person who, being employed in the public
demanding service of the State, corruptly and under colour of
property his or her employment‐

(a) demands or takes property from any other

person;

121
 (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

other person without payment or for inadequate
payment; or

(d) compels, whether partially or wholly for his own

profit, any other person to work without
payment or for inadequate payment,

(e) commits a felony and is liable on conviction to

imprisonment for five (5) years.

(2) Any person who, falsely representing himself or

herself 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 or acting under the authority of, the
Government, unlawfully and in such assumed
character‐
(a) does any of the acts or things specified in
subsection (1)(a), (b), (c), (d); or
(b) compels or orders any other person to hand any
property over to any other person, whether such
property does or does not rightly belong, or is
not rightly due, to the last‐named person,
(c) commits a felony and is liable on conviction to
imprisonment for five (5) years.
(3) Any person attempting, or inciting, soliciting,
counselling, procuring, aiding, or abetting any
person to commit any of the offences enumerated
in subsection (1) and (2), commits a felony and is
liable on conviction to imprisonment for five (5)
years.

Assault with 305. Any person who assaults another with intent to
intent to steal
steal anything commits a felony and is liable on
conviction to imprisonment for three (3) years.

122
 Demanding
property with 306. Any person who, with intent to steal anything,
menaces with demands it from any other person with threats of
intent to steal
any injury or detriment of any kind to be caused to
him or her, either by the offender or by any other
person, if the demand is not complied with,
commits a felony and is liable on conviction to
imprisonment for seven (7) years.

Demanding
307. A person who, with intent to extort or gain
Property by
written threats anything from any person, and knowing the
contents of the writing, causes any person to
receive any writing demanding anything from any
person without reasonable or probable cause, and
containing threats of any injury or detriment of any
kind to be caused to any person, either by the
offender or any other person, if the demand is not
complied with, commits a felony and is liable on
conviction to imprisonment for seven (7) years.
Attempt to
extort
308. (1) A person who, with intent to extort or gain
anything from any person‐

(a) accuses or threatens to accuse any person of

committing any felony or misdemeanour, or of
offering or making any solicitation or threat to
any person as an inducement to commit or
permit the commission of any felony or
misdemeanour;
(b) threatens that any person shall be accused by
any other person of any felony or
misdemeanour, or of any such act; or
(c) knowing the contents of the writing, causes any
person to receive any writing containing any
such accusation or threat,
(d) commits a felony and is liable on conviction to
imprisonment for three (3) years.

(2) Where the accusation or threat of accusation in

subsection (1) is of‐

123
 (a) an offence for which the punishment of death or
imprisonment for life may be inflicted;

(b) any of the offences defined in sections 136 -

158, or an attempt to commit any of such
offences; or

(c) a solicitation or threat offered or made to any

person as an inducement to commit or permit
the commission of any of the offences referred
to in this section,

(d) the offender is liable on conviction to

imprisonment for seven (7) years.

(3) For the purposes of this section, it is immaterial

whether the person accused or threatened to be
accused has or has not committed the offence or
act of which the person is accused or threatened
to be accused of.

Unlawful
309. (1) A person who with the object of coercing any
harassment
of debtors person to pay money claimed from the other as a
debt due under a contract-
a. harasses the other with demands for payment
which, in respect of their frequency or the
manner or occasion of making any such
demand, or of any threat or publicity by which
any demand is accompanied, are calculated to
subject him or her or members of his or her
family or household to alarm, distress or
humiliation;
b. falsely represents, in relation to the money
claimed, that criminal proceedings lie for failure
to pay it;
c. falsely represents himself or herself to be
authorised in some official capacity to claim or
enforce payment; or
d. uses or deals with a document falsely
represented by him or her to have some official

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 character or purporting to have some official
character which such person knows he or she
does not have, commits an offence and is liable
on conviction to a fine of fifty thousand naira
(N50,000.00) and on a second or subsequent
conviction to a fine of one hundred thousand
naira (N100,000.00).

(2) A person may be liable for an offence under

subsection (1)(a) if the person acts in concert with
others in taking such action as described in this
section, notwithstanding that the person’s own
course of conduct does not by itself amount to
harassment.

(3) Subsection (1)(a) does not apply to anything done

by a person which is reasonable (and otherwise
permissible in law) for the purpose-
(c) of securing the discharge of an obligation due,
or believed by him or her to be due, to himself
or herself or to persons for whom he or she acts,
or protecting himself or herself or them from
future loss; or
(d) of the enforcement of any liability by legal
process.

Procuring
execution of 310. Any person who, with intent to defraud, and by means
deeds by of any unlawful violence to, or restraint of, the person
threats of another, or by means of any threat of violence or
restraint to be used to the person of another, or by
means of accusing or threatening to accuse any person
of committing any felony or misdemeanour, or by
offering or making any solicitation or threat to any
person as an inducement to commit or permit the
commission of any offence, compels or induces any
person‐

(a) to execute, make, accept, endorse, alter, or

destroy, the whole or any part of any
valuable security; or

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 (b) to write, impress, or affix, any name or seal
upon or to any paper or parchment, in
order that it may be afterwards made or converted
into or used or dealt with as a valuable security,
(c) commits a felony and is liable on conviction to
imprisonment for seven (7) years.

C- BURGLARY, HOUSEBREAKING AND LIKE OFFENCES

Definitions 311. (1) A person who breaks any part, whether external
or internal, of a building, or opens by unlocking,
pulling, pushing, lifting or by any other means,
any door, window, shutter, cellar flap or other
thing intended to close or cover an opening in a
building, or an opening giving passage from one
part of a building to another, is said to break the
building.

(2) A person is said to enter a building as soon as any

part of the person’s body or any part of any
instrument used by him or her is in the building.

(3) A person who obtains entrance into a building by

means of any threat or tool used for that purpose,
or by collusion with any person in the building,
or who enters any chimney or other opening of
the building permanently left open for any
necessary purpose but not intended to be
ordinarily used as means of entrance, is deemed
to have broken and entered the building.

Burglary, 312. (1) Any person who‐

housebreaking

(a) breaks and enters the residence of another with

intent to commit a felony in it;
(b) having entered the residence of another with
intent to commit a felony in it; or
(c) having committed a felony in the residence of
another, breaks out of the residence,

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 (d) commits a felony and is liable on conviction to
imprisonment for seven (7) years.

(2) If the offence is committed in the night, the

offender is liable on conviction to imprisonment
for fourteen (14) years.
Entering
residence 313. (1) Any person who enters or is in the residence of
with another with intent to commit a felony in it,
intent to commits a felony and is liable on conviction to
commit felony imprisonment for five (5) years.

(2) If the offence is committed in the night, the

offender is liable on conviction to imprisonment
for seven (7) years.

Breaking into
314. Any person who‐
building and
committing (a) breaks and enters a school building, shop,
felony warehouse, store, office or a building which is
adjacent to a residence and occupied with it but
is not part of it, and commits a felony in it; or
(b) having committed a felony in a school building,
shop, warehouse, store, office, or in any such
other building as mentioned in subsection (1),
breaks out of the building,
(c) commits a felony and is liable on conviction to
imprisonment for seven (7) years.

Breaking into 315. Any person who breaks and enters a school building,
building with
shop, warehouse, store, office, or a building which is
intent to
commit a adjacent to a residence and occupied with it but is not
felony part of it with intent to commit a felony in it, commits a
felony and is liable on conviction to imprisonment for
three (3) years.

Breaking 316. Any person who, breaks and enters a building ordinarily
into place used for religious worship and commits a felony in it, or
of worship having committed a felony in any such building breaks
and
out of it, commits a felony and is liable on conviction to
committing
felony imprisonment for seven (7) years.

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Breaking into
place of 317. Any person who, breaks and enters a building ordinarily
worship with used for religious worship, with intent to commit a
intent to
felony in it, commits a felony and is liable on conviction
commit felony
to imprisonment for five (5) years.

Persons found 318. (1) Any person who is found in any of the following
armed, with circumstances‐
intent to
commit felony (a) being armed with any dangerous or offensive
weapon or instrument with intent to break or
enter a residence, and to commit a felony in it;

(b) in possession by night without lawful excuse,

the proof of which lies on him or her, of any
instrument of housebreaking;

(c) in possession by day or night, of any instrument

with intent to commit a felony;

(d) having his or her face blackened or being

otherwise disguised, with intent to commit a
felony;

(e) being in any building whatsoever by night with

intent to commit a felony in it; or

(f) being in any building whatsoever by day with

intent to commit a felony in it, and
(g) having taken precautions to conceal his or her
presence,
(h) commits a felony and is liable on conviction to
imprisonment for three (3) years.

(2) An offender who has been previously convicted of

a felony relating to property, shall on subsequent
convictions be liable to imprisonment for seven
(7) years.

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 D- OBTAINING PROPERTY BY FALSE PRETENCES: CHEATING

Definition of 319. A false pretence means a representation, whether

false pretence deliberately or recklessly, made by word, in writing or
by conduct, of a matter of fact or law, either past or
present, which representation is false in fact or law, and
which the person making it knows to be false or does
not believe to be true.

Obtaining 320. (1) Notwithstanding anything contained in any other

by false enactment or law, any person who by any false
pretence pretence, and with intent to defraud-

(a) obtains, from any other person, in the State or

in any other State for himself or herself or any
other person; or
(b) induces any other person, in the State or in any
other State, to deliver to any person, any
property, whether or not the property is
obtained or its delivery is induced through the
medium of a contract induced by the false
pretence,
(c) commits an offence.

(2) A person who by false pretence, and with the

intent to defraud, induces any other person, in
the State or in any other State, to confer a benefit
on him or her or on any other person by doing or
permitting a thing to be done on the
understanding that the benefit has been or will be
paid for, commits an offence.

(3) A person who commits an offence under

subsection (1) or (2) commits a felony and is liable
on conviction to imprisonment for seven (7) years.
Obtaining
credit by false 321. Any person who by any false pretence or by means of
pretence or other fraud obtains credit for himself or herself or any
other fraud
other person‐

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 (a) in incurring any debt or liability; or

(b) by means of an entry in a debtor and creditor

account between the person giving and the
person receiving credit,
(c) commits a felony and is liable on conviction to
imprisonment for seven (7) years.

Presumption 322. Where in any proceedings for an offence under sections

as to false 319 or 320 it is proved that the defendant‐
pretences
in certain (a) obtained or induced the delivery of anything
circumstances
capable of being stolen; or

(b) obtained credit for himself or herself or any

other person, by means of a cheque that, when
presented for payment within a reasonable time,
was dishonoured on the grounds that no funds
or insufficient funds were standing to the credit
of the drawer of the cheque in the bank on
which the cheque was drawn, the thing or its
delivery shall be deemed to have been obtained
or induced, or the credit shall be deemed to have
been obtained, by a false pretence unless the
court is satisfied by evidence that when the
defendant issued the cheque he or she had
reasonable grounds for believing, and did in fact
believe, that it would be honoured if presented
for payment within a reasonable time after its
issue by him or her.
Obtaining
execution of 323. Any person who by any false pretence, and with intent
a security by to defraud, induces any person to execute, make,
false pretence
accept, endorse, alter, or destroy, the whole or any part
of any valuable security, or to write, impress, or affix,
any name or seal upon or to any paper or parchment in
order that it may be afterwards made or converted into
or used or dealt with as a valuable security, commits a
felony and is liable on conviction to imprisonment for
seven (7) years.

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Cheating 324. Any person who, by means of any fraudulent trick or
device obtains from any other person anything capable
of being stolen, or induces any other person to deliver
to any person anything capable of being stolen or to pay
or deliver to any person any money or goods, or any
greater sum of money or greater quantity of goods than
he or she would have paid or delivered but for such trick
or device, commits a felony and is liable on conviction
to imprisonment for seven (7) years.

Cheating at 325. (1) Any person who in anticipation of or at any

examination examination-

(a) by any fraudulent trick or device or in abuse of

the person’s office or with intent to unjustly
enrich himself or herself or any other person
procures any question paper produced or
intended for use at any examination of persons
whether or not the question paper concerned is
proved to be false, not genuine or not related to
the examination in question;
(b) by any false pretence or with intent to cheat or
secure any unfair advantage for himself or
herself or any other person, procures from or
induces any other person to deliver to himself or
herself or another person any question paper
intended for use at any examination;
(c) by any false pretence, with intent to cheat or
unjustly enrich himself or herself or any other
person whatsoever buys, sells, procures or
otherwise deals with any question paper
intended for use or represented as a genuine
question paper in respect of any particular
examination; or
(d) fraudulently or with intent to cheat or secure
any unfair advantage for himself or herself or
any other person or in abuse of his or her office
procures, sells, buys or otherwise deals with

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 (e) any question paper intended for the
examination of persons at any examination,
(f) commits a felony and is liable on conviction to
imprisonment for seven (7) years.

(2) Any person who brings in any unauthorised

material to assist himself or herself or another in
an examination of persons whether or not the
material relates to the examination concerned
commits a felony and is liable on conviction to
imprisonment for seven (7) years.
(3) Any person who unlawfully assists a candidate in
the course of an examination commits a felony
and is liable on conviction to imprisonment for
seven (7) years.

(4) Any person who unlawfully alters or forges any

document relating to an examination commits an
offence and is liable on conviction to
imprisonment for seven (7) years.
(5) Where a person charged with an offence under
this section is a child, the person shall be dealt
with in line with the Child Rights Law, 2007.
(6) Where the offender is an employee of anybody
concerned with the conduct of examinations, a
head teacher, teacher or other person entrusted
with the safety and security of question papers,
the offender shall be proceeded against and
punished as provided in this section,
notwithstanding that the question paper
concerned is proved not to be live, genuine or
does not relate to the examination concerned.
(7) For the purposes of this section, "material”
includes anything written on substance or person
by means of letters, figures or marks and further
includes anything transmitted through fax or any
other electronic device.

Conspiracy 326. Any person who conspires with another by deceit or any
to defraud fraudulent means to affect the market price of anything

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 publicly sold, or to defraud the public or any person
commits a felony and is liable on conviction to
imprisonment for seven (7) years.

Use of
327. A person who being the occupier or is concerned in the
premises
to commit
management of any premises, causes or knowingly
false permits the premises to be used for obtaining by false
pretence pretence commits a felony and is liable on conviction to
imprisonment for seven (7) years.

Fraudulent 328. A person who by false pretence, and with the intent to
invitation defraud any other person, invites or otherwise induces
that person or any other person to visit the State for the
purpose of obtaining by false pretence commits a felony
and is liable on conviction to imprisonment for fifteen
(15) years.

Receipt of 329. Where a false pretence which constitutes an offence is

fraudulent contained in a document, it shall be sufficient in a
document by
charge of an attempt to commit an offence under this
victim to
constitute Law to prove that the document was received by the
attempt person to whom the false pretence was directed.

Possession of 330. A person in possession of a document containing a false

fraudulent pretence which constitutes an offence, and who knows
document
or ought to know that the document contains the false
pretence commits a misdemeanour and is liable on
conviction to imprisonment for two (2) years.

Frauds on 331. Any person who, being a seller or mortgagor of any

sale or
property, or being the solicitor or agent of any such
mortgage
of property seller or mortgagor, with intent to induce the purchaser
or mortgagee to accept the title offered or produced to
him or her, and with intent to defraud‐

(a) conceals from the purchaser or mortgagee any

instrument material to the title, or any
encumbrance;

(b) falsifies any pedigree on which the title depends

or may depend; or

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 (c) makes any false statement as to the title offered
or conceals any fact material thereto,
(d) commits a misdemeanour and is liable on
conviction to imprisonment for two (2) years.

Pretending to 332. Any person who, for gain or reward pretends to exercise
exercise or use any kind of witchcraft, juju, sorcery,
witchcraft
enchantment, or conjuration, or undertakes to tell
or tell fortunes
fortunes, or pretends from his or her skill or knowledge
in any occult science to discover where or in what
manner anything supposed to have been stolen or lost
may be found, commits a misdemeanour and is liable
on conviction to imprisonment for one (1) year.

Obtaining 333. Any person who wilfully procures or attempts to procure

registration,
for himself or herself or any other person any
etc., by false
pretence
registration, licence or certificate under any law or any
regulation made under any law, by any false pretence,
commits a misdemeanour and is liable on conviction to
imprisonment for one (1) year.

E- RECEIVING STOLEN PROPERTY OR FRAUDULENTLY OBTAINED

PROPERTY AND SIMILAR OFFENCES

Receiving 334. (1) Any person who dishonestly receives or retains

stolen or any stolen property knowing or having reason to
fraudulently believe the same to be stolen property or any
obtained
property fraudulently obtained commits a felony
property
and is liable on conviction to imprisonment for
seven (7) years.

(2) For the purposes of this section-

(a) “stolen property” includes property obtained by

means of any act constituting a misdemeanour
or felony in this Law;
(b) a person receives anything when-
(c) either alone or jointly with some other person,
he or she had the thing in his or her possession;
or

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 (d) the person has aided in concealing it or
disposing of it.

(3) When another person has acquired a lawful title

to a property received under this section, a
subsequent receiving of the thing is not an
offence.

Money 335. (1) Any person who converts, or transfers resources

laundering or properties derived directly or indirectly from
any offence or an illegal act, with the aim of either
concealing or disguising the illegal origin of the
resources or property, or aiding a person involved
in any such offence or illegal act to evade the legal
consequences of his or her action commits a
felony.

(2) Any person who collaborates in concealing or

disguising the genuine nature, origin, location,
disposition, movement or ownership of the
resources, property or right derived directly or
indirectly from any other crime or an illegal act,
commits a felony.

(3) Any person convicted under subsection (1) or (2)

is liable to imprisonment for not less than seven
(7) years.

Transfer of 336. (1) Any person who-

criminal
proceeds (a) whether by concealment, removal, or transfer to
to nominee
nominees or otherwise, retains the proceeds of
a crime or an illegal act on behalf of another
person knowing or suspecting that other person
to be engaged in a criminal conduct or has
benefited from a criminal conduct; or
(b) knowing that any property either in whole or in
part directly or indirectly represents another
person’s proceeds of a criminal conduct,
acquires or uses that property or has
possession of it,
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 (c) commits a felony and is liable on conviction to
imprisonment for three (3) years.
(2) For the purposes of subsection (1), criminal
proceeds relates to the proceeds of any crime
committed under this Law.
Having
possession of 337. Any person who is charged before a court with-
thing reasonably
suspected of (a) having in his or her possession or control in any
having been place;
stolen (b) having at any time within three months
immediately preceding the making of the
complaint, in his or her possession or control in
any place; or
(c) having unlawfully obtained, a thing reasonably
suspected to have been stolen, and does not give
an account to the satisfaction of the court as to
how he or she came by the thing, commits an
offence and is liable on conviction to
imprisonment for six (6) months or a fine of
ninety thousand naira (N90,000.00).

Taking reward
338. Any person who receives or obtains, or agrees to receive
for recovery
of property or obtain any property or benefit of any kind on an
obtained by agreement or understanding that the person will help
committing any other person to recover anything which has been
an offence obtained by any act constituting an offence, unless he
or she has used all due diligence to cause the offender
to be brought to trial for the offence, commits a
misdemeanour, and liable on conviction to
imprisonment for one (1) year.

F- FRAUDS BY TRUSTEES AND OFFICERS OF COMPANIES AND

CORPORATIONS: FALSE ACCOUNTING
Trustees
fraudulently 339. (1) Any person who being a trustee of any property,
disposing of destroys the property with intent to defraud, or,
trust property
with intent to defraud, converts the property to
any use not authorised by the trust, commits a

136
 felony and is liable on conviction to imprisonment
for seven (7) years.

(2) For the purposes of this section, the term

"trustee" includes the following persons-

(a) trustees appointed by an express trust created

by a deed, will or instrument in writing, whether
for a public or private or charitable purpose;
(b) trustees appointed by or under the authority of
any law for any such purpose;
(c) persons on whom the duties of any such trust
as in paragraph (a) or (b) devolve; or
(d) executors and administrators who are deemed
to be trustees in other circumstances by
operation of law.

Directors and 340. Any person who‐

officers of
companies a. being a director or officer of a company receives
fraudulently
or takes possession of any of the property of the
appropriating
property or company and with intent to defraud, omits
keeping either to make a full and true entry in the books
fraudulent and accounts of the company, or to cause or
accounts, or
direct such an entry to be made in it; or
falsifying
books b. being a director, officer, or member of a
or accounts company, does any of the following acts with
intent to defraud‐

(i) destroys, alters, mutilates or falsifies, any

book, document, valuable security, or
account, which belongs to the company, or
any entry in any such book, document, or
account, or is privy to any such act;

(ii) makes or is privy to making any false entry

in any such book, document, or account; or

(iii) omits or is privy to omitting any material fact

from any such book, document or account,
(iv) commits a felony and is liable on conviction
to imprisonment for seven (7) years.

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False 341. Any person who being a promoter, director, officer, or
statements
auditor of a company, either existing or intended to be
by officials of
companies
formed, makes, circulates or publishes, or concurs in
making, circulating or publishing any written statement
or account which is to the person’s knowledge false,
with intent to effect any of the following purposes‐

a. to deceive or to defraud any member,

shareholder, or creditor, of the company,
whether a particular person or not;
b. to induce any other person to become a member
of, or to entrust or advance any property to the
company, or to enter into any security for its
benefit,
c. commits a felony and is liable on conviction to
imprisonment for seven (7) years.

Fraudulent 342. Any person who being a clerk or employee, or being

false employed or acting in the capacity of a clerk or
accounting
employee, does any of the following acts with intent to
defraud‐

a. destroys, alters, mutilates, or falsifies any book,

document, valuable security, or account which
belongs to or is in the possession of the person’s
employer, or has been received by the person on
behalf of his or her employer, or any entry in
any such book, document or account, or is privy
to any such act;
b. makes, or is privy to making, any false entry in
any such book, document, or account; or
c. omits, or is privy to omitting, any material fact
from any such book, document, or account,
d. commits a felony and is liable on conviction to
imprisonment for seven (7) years.

False
343. Any person who being an officer charged with the
accounting
by public receipt, custody or management of any part of the
officers public revenue or property, knowingly makes any false
statement or return of any money or property received

138
 by, or entrusted to such person’s care, or of any balance
of money or property in his or her possession or control,
commits a felony and is liable on conviction to
imprisonment for seven (7) years.

G- CRIMINAL DAMAGE TO PROPERTY, ARSON, AND OTHER OFFENCES

Criminal 345. (1) Any act by any person which causes damage to
damage public property or the property of another and
to property
done without the consent of the owner is
unlawful, unless it is authorised or justified or
excused by law and it is immaterial if the person
did not know that the property is public property
or the property of another.

(2) When a lawful act which causes damage to

property is done with intent to defraud any
person, it becomes an unlawful act, and it is
immaterial that the person who does the damage
is in possession of the property damaged, or has
a partial interest in it.

(3) A person is not criminally responsible for any

damage caused to property by the use of such
force as is reasonably necessary for the purpose
of defending himself or herself, any other person,
or any property from imminent attack.

(4) When an act which causes damage to property is

done with intent to defraud any person, it is
immaterial that the property in question is the
property of the offender.

(5) The term “damage”:

a used in relation to a document, writing or
inscription, includes obliterating and rendering
illegible, the document or writing either in whole
or in part;
b. used in relation to property includes loss,
destruction or alteration of a property.

139
 (6) A property is damaged when the property has
been rendered inoperative or imperfect for the
purpose for which the property was procured
such as to impose on the owner the need to
expend money or effort in restoring it to the
original state.

Unlawful 346. Any person who unlawfully disconnects, removes,

interference tampers with, or in any manner interferes with the use
with property of, any private or public property commits a felony and
is liable on conviction to imprisonment for three (3)
years.

Arson 347. Any person who wilfully and unlawfully sets fire or
causes fire to any of the following‐
(a) any building or structure whether completed or
not;

(b) any vessel, whether completed or not;

(c) any farm, a barn of agricultural products or any

other property used as a business premises or
any article of merchandise or other property
used for trade or profession;

(d) a mine, or the workings, fittings, or appliances

of a mine;

(e) any pipeline, cables, masts, towers, or any

urban furniture;

(f) any property;

(g) commits a felony and is liable on conviction to

imprisonment for life.

Attempts to 348. Any person who‐

commit arson (a) attempts unlawfully to set fire to any such
thing as is mentioned in section 345; or

(b) wilfully and unlawfully sets fire to anything

which is so situated that any such thing as is
140
 mentioned in section 345 is likely to catch fire
from it,

(c) commits a felony and is liable on conviction

to imprisonment for fourteen (14) years.

Unlawful acts 349. Any person who‐

concerning (a) wilfully and unlawfully releases, casts away any
vessels, etc.
vessel or destroys any vessel, whether complete
or not;

(b) wilfully and unlawfully does any act which leads

to the immediate loss or destruction of a vessel
in distress; or

(c) with intent to bring a vessel into danger,

interferes with any light, beacon, buoy, mark or
signal used for purposes of navigation, or
exhibits any false light or signal,
(d) commits a felony and is liable on conviction to
imprisonment for fourteen (14) years.

Attempts to 350. Any person who attempts unlawfully to cast away or

commit destroy a vessel, whether completed or not, or attempts
unlawful
acts concerning
unlawfully to do any act tending to the immediate loss
vessel or destruction of a vessel in distress commits a felony
and is liable on conviction to imprisonment for ten (10)
years.
Obstructing
and damaging 351. Any person who unlawfully and with intent to obstruct
roads, highways
the use of any road, highway, railway or damages any
or railways
property on a road, highway or railway‐

(a) deals with the road, highway, railway or with

anything on or near the road, highway or
railway in such a manner as to affect or
endanger its free and safe use;
(b) shows any light or signal, or in any way deals
with any existing light or signal, on or near the
road, highway or railways; or

141
 (c) by any omission to do any act which it is his or
her duty to do, causes the free and safe use of
the road, highway or railway to be endangered,
(d) commits a felony and is liable on conviction to
imprisonment for fourteen (14) years.

Injuring 352. Any person who wilfully and unlawfully kills, maims, or
animals wounds, any animal which is the property of another
commits a felony and is liable on conviction to
imprisonment for seven (7) years.

Wilful damage
353. Any person who wilfully and unlawfully destroys or
to property in
general damages any property commits an offence which unless
otherwise stated, is a misdemeanour, and is liable on
conviction, if no other punishment is provided, to
imprisonment for two (2) years.

Special cases 354. (1) Any person who wilfully and unlawfully destroys
of wilful or damages:
damage to
(a) a public building, structure or a repository of
property
public record;
(b) a bank, wall of a river, canal, aqueduct,
reservoir, inland water, or a work which is
connected to a dock, reservoir or inland water,
and the damage causes actual danger or
flooding or damage to any land or building;
(c) a road, a highway or railway, or any work
connected to it;
(d) a bridge, viaduct or aqueduct which is
constructed over a road, highway, railway or
canal, or waterway over which a railway,
highway or canal passes; or
(e) a railway, road or highway or being such bridge,
viaduct, or aqueduct, or the highway, railway,
road or canal, passing over or under the same,
(f) commits a felony and is liable on conviction to
imprisonment for fourteen (14) years.

142
(2) Any person who wilfully and unlawfully destroys
or damages a testamentary instrument, whether
the testator is living or dead, or a register which
is authorised or required by law to be kept for
authenticating or recording the title to any
property or for recording births, baptisms,
marriages, deaths or burials, or a copy of any part
of any such register which is required by law to
be sent to any public officer, commits a felony and
is liable on conviction to imprisonment for
fourteen (14) years.

(3) Any person who wilfully and unlawfully destroys

or damages a vessel or other vehicle in distress,
wrecked or stranded, or anything which belongs
to such vessel or vehicle, commits a felony and is
liable on conviction to imprisonment for seven (7)
years.

(4) Any person who wilfully and unlawfully destroys

or damages:
(a) a vessel or vehicle, whether complete or not;
(b) a vessel or vehicle, whether complete or not,
such that the damage is done with intent to
destroy it or render it useless;
(c) a light, beacon, buoy, mark or signal used for
the purposes of navigation, or for the guidance
of persons engaged in navigation;
(d) a bank or wall of a river, canal, aqueduct,
reservoir or inland water, or a work which is
connected to a dock, canal, aqueduct, reservoir
or inland water, or which is used for the
purposes of loading or unloading of goods;
(e) anything in process of manufacture or an
agricultural or manufacturing machine or a
manufacturing implement;
(f) a machine or implement or appliance used or
intended to be used for performing any process;
or

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 (g) a well, mine, mast, urban furniture or bore hole
for water, or the dam, bank, wall or floodgate of
a millpond or pool,
(h) commits a felony and is liable on conviction to
imprisonment for seven (7) years.

(5) Any person who wilfully and unlawfully destroys

or damages a document which is deposited or
kept in a public office, or which is evidence of title
to any land or interest in land, commits a felony
and is liable on conviction to imprisonment for
seven (7) years.

(6) In subsection (4)(f), “process” includes mining,

dredging or oil exploration interfering with signals
used for purposes of navigation.

Attempts to 355. Any person who, unlawfully and with intent to destroy
destroy property or damage any property, puts any device in any place,
with any device
commits a felony and is liable on conviction to
imprisonment for fourteen (14) years.

Interfering 356. Any person who wilfully and unlawfully removes,

with signals
defaces, or renders invisible, any light, beacon, buoy,
used for
purposes
mark or signal, used for purposes of navigation, or for
of navigation the guidance of persons engaged in navigation, or
unlawfully attempts to remove, deface, or render
invisible, any such thing, commits a felony and is liable
on conviction to imprisonment for seven (7) years.

Interfering
357. Any person who‐
with navigation
works
(a) wilfully and unlawfully removes or disturbs any
fixed objects or materials used for securing any
work for purposes of navigation, loading or
unloading of goods; or
(b) unlawfully does any act with intent to obstruct
the carrying on, completion, or maintenance of
the navigation of any navigable route, and

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 thereby obstructs such carrying on, completion,
or maintenance,
(c) commits a felony and is liable on conviction to
imprisonment for seven (7) years.

Communicating 358. Any person who wilfully and unlawfully causes, or is

infectious concerned in causing, or attempts to cause, any
diseases to infectious disease to be communicated to or among any
animals
animal or animals, commits a felony and is liable on
conviction to imprisonment for seven (7) years.

Removing 359. Any person who wilfully and unlawfully, and with intent
boundary marks
to defraud, removes or defaces any object or mark which
with intent to
defraud has been lawfully erected or made as an indication of
the boundary of any land, commits a felony and is liable
on conviction to imprisonment for three (3) years.

Wilful damage
360. Any person who‐
to survey and
boundary marks
(a) wilfully removes, defaces or damages any survey
mark or boundary mark which was made or
erected by or under the direction of any
government department or in the course of, or
for the purposes of, a government survey;
(b) being under an obligation to maintain or repair
any boundary mark made or erected as
mentioned in subsection (1) neglects or refuses
to repair the same;
(c) commits a misdemeanour and is liable on
conviction to imprisonment for two (2) years or
to a fine of three hundred and sixty thousand
naira (N360,000.00) and may further be ordered
by the court to pay the cost of repairing or
replacing the survey mark or boundary mark
and of making any survey rendered necessary
by his or her act or neglect.

Obstructing 361. Any person who, by any unlawful act or refusal to do

roads, etc. his or her lawful duty, causes any obstruction on any
road, walkway, rail, inland water way or right of

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 passage, commits a misdemeanour and is liable on
conviction to imprisonment for two (2) years.

Sending letters 362. Any person who, knowing the contents of the writing,
threatening causes any person to receive any writing threatening
to burn or
that any building or vessel, whether complete or not, or
destroy things
any stack of cultivated vegetable produce, or any such
produce that is in or under a building, shall be burnt or
destroyed, commits a felony and is liable on conviction
to imprisonment for seven (7) years.

Unlawful 363. (1) Any person who unlawfully converts to his or her
conversion of
use or the use of another any public property
public property
commits a misdemeanour and is liable on
conviction to imprisonment for one (1) year.

(2) For the purposes of this section, a person

converts public property when the person
occupies, alters or uses public property without
lawful authority.

Unlawful sand 364. (1) Any person who unlawfully engages in sand
dealing and
dealing or dredging in, or around waterfront and
dredging
embankments, along waterways, rivers, creeks,
lakes and lagoons within the State, commits a
felony and is liable on conviction to imprisonment
for three (3) years.

(2) The court shall order the defendant upon

conviction, to pay any fees, levies or charges that
the defendant would have been liable to pay
under any law for the duration of the illegality.

H- FORGERY IN GENERAL; DEFINITIONS

Definitions 365. In section 364 to 386 unless the context otherwise

requires-

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 "bank note" includes any negotiable instrument issued
by or on behalf of any person or corporation or issued
by the authority of any government of a country and
intended to be used as equivalent to money, either
immediately on issue or at any time afterward and also
includes a bank bill or a bank post bill, currency note
or any note which is legal tender in the country in which
it is issued;

"document" includes a register or register‐book, or part

of either, and any book, and any paper or other material
used for writing or printing, which is marked with any
letters or marks denoting words, or with any other signs
capable of conveying a definite meaning to persons
conversant with them; or any disc, tape, soundtrack or
other device on or in which information is recorded or
stored by electronic or other means but does not
include trade marks on articles of commerce;

"seal" includes any stamp, die or other thing from

which an impression can be taken by means of pressure
or of ink, or by any other means;

"writing" includes an inscription on wood, stone,

metal or other material; it also includes a mere
signature and a mark of any kind.

Definition 366. (1) A document or writing is said to be false if‐

of false (a) in the case of a document which is a register or
document
record kept by lawful authority, or an entry in
any such register, or which purports to be
issued by lawful authority as testifying to the
contents of any register or record kept by lawful
authority; or as testifying to any fact or event, if
entry stated in the document is untrue;
(b) the whole or some material part of the
document or writing purports to be made by or
on behalf of some person who did not make it or
authorise it to be made;
(c) in the case where the time and place of making
it is material, although it is made by or on the

147
 authority of the person by whom it purports to
be made, it is with a fraudulent intent falsely
dated as to the time and place of the making;
(d) the whole or some material part of the
document or writing purports to be made by or
on behalf of some person who does not, in fact,
exist; or
(e) the document or writing is made in the name of
an existing person, either by the person or by
his or her authority, with the fraudulent
intention that it should appear as made by some
other person, real or fictitious.

(2) A seal or mark is said to be counterfeit if it is

made without lawful authority, and is in such a
form as to resemble a genuine seal or mark, or in
the case of a seal, in such a form as to be capable
of producing impressions resembling those
produced by a genuine seal.

(3) A representation of the impression of a seal is

said to be counterfeit if it is not, in fact, made by
the seal.

(4) The term "resemble", applied to anything,

includes the case where the thing is made to
resemble, or is apparently intended to resemble
the object spoken of.

Definition 367. (1) A person who knowingly makes a false document

of forgery
or writing with intent that-

(a) it may in any way be used or acted on as

genuine, whether in the State or elsewhere, to
the prejudice of another; or
(b) any person may, in the belief that it is genuine,
be induced to do or refrain from doing any act,
whether in the State or elsewhere, is said to
forge the document or writing.

(2) A person who makes-

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 (a) a counterfeit seal or mark, or an impression of
a counterfeit seal knowing the seal to be
counterfeit; or
(b) a counterfeit representation of the impression of
a genuine seal; or
(c) without lawful authority and impression of a
genuine seal, with intent that the thing so made
may in any way be used or acted on as genuine
to the prejudice of any person, or with intent
that any person may, in the belief that it is
genuine, be induced to do or refrain from doing
any act, is said to forge the seal or mark.

(3) The term "make a false document or writing"

includes altering a genuine document or writing
in any material part, either by erasure,
obliteration, removal or otherwise; and making
any material addition to the body of a genuine
document or writing and adding to a genuine
document or writing any false date, attestation,
seal or other material matter.

(4) It is immaterial-
(a) in what language a forged document or writing
is expressed;
(b) that the forger of anything forged may not have
intended that any particular person should use
or act on it, or that any particular person should
be prejudiced by it, or be induced to do or
refrain from doing any act;
(c) that the thing forged is incomplete or does not
purport to be a document, writing, or seal,
which would be binding in law for any particular
purpose, if it is so made, and is of such a kind,
as to indicate that it was intended to be used or
acted on.

Certain 368. In the case of an offence which involves the forging or

matters
using or dealing with a document or writing relating to
immaterial
the payment of money, or to the delivery or transfer of

149
 any property, or to the creation or performance of any
obligation, it is immaterial-

a. where the money or property is, or purports to

be payable, deliverable, or transferable, or the
obligation is, or purports to be, an obligation to
be performed; or
b. if the money or property is or purports to be
payable, deliverable or transferable, or the
obligation is or purports to be an obligation to
be performed in some place outside the State
that the document or writing is under seal or
not.

Punishment 369. (1) Any person who forges any document, writing or
for forgery in
seal commits an offence which, unless otherwise
general
stated, is a felony, and is liable on conviction if no
other punishment is provided, to imprisonment
for three (3) years.

(2) If the thing forged‐

(a) purports to be, or is intended by the offender to

be understood to be or to be used as any public
seal belonging to any agency of the State or any
other State within Nigeria or the Federal
Republic of Nigeria or any other country or the
seal of the President of Nigeria or the Governor;
or
(b) is a document having on it or affixed to it any
such seal, signet or sign manual, or anything
which purports to be, or is intended by the
offender to be understood to be any such seal,
signet or sign manual,
(c) the offender is liable on conviction to
imprisonment for fourteen (14) years.

(3) If the thing forged purports to be, or is intended

by the offender to be understood to be or to be
used as any of the following things‐

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(a) a document which is evidence of title to any
portion of the public debt of Nigeria or of any
State in Nigeria or of any other country, or to
any dividend or interest payable in respect of
any such debt, or a transfer or assignment of
any such document, or a receipt or certificate
for any interest or money payable or accruing
on or in respect of any such public debt;
(b) a transfer or assignment of a share in any
company, whether domestic or foreign or in the
debt of any such company or a receipt or
certificate for any interest or money payable or
accruable in respect of any such share, interest,
or debt;
(c) a document acknowledging or being evidence of
the indebtedness of the Government, or the
government of any other State in Nigeria or of
the Federal Government of Nigeria or the
government of any other country;
(d) a document which by any law in Nigeria, or law
of any other country is evidence of any title or
interest in land in Nigeria or any other country,
or an entry in any register or book which is such
evidence;
(e) a document which by law is required for the
registration of any title to or interest in land;
(f) a testamentary instrument or a probate or
letters of administration;
(g) a bank note, bill of exchange or promissory
note, or acceptance, endorsement or
(h) assignment of any of those;
(i) a deed or bond, or a draft, warrant, order or
other security for the payment of money, or for
the delivery or transfer of a valuable security, or
for procuring or giving credit, whether
negotiable or not, or an endorsement or
assignment of any such document;

151
(j) an accountable receipt or an
acknowledgement of the deposit, receipt,
payment or delivery, of money or goods, or of
any valuable security, or an endorsement or
assignment of any such document;

(k) a bill of lading, dock warrant, warehouse

keeper's certificate, warrant or order for the
delivery of goods, or any other document
used in the ordinary course of business as
proof of possession or control of goods, or as
authorising, or purporting to authorise,
either by endorsement or by delivery, the
possessor of the document to transfer or
receive the goods represented by the
document, or an endorsement or assignment
of any such document;

(l) a charter party, or a shipping document

accompanying a bill of lading, or an
endorsement or assignment of any of them;

(m) a policy of insurance of any kind; a power of

attorney or other authority to execute any
such document as mentioned in paragraphs
(a) – (l);

(n) the signature of a witness to any of the

documents mentioned in paragraphs (a) – (l)
to which attestation is required by law;

(o) a register of births, baptisms, marriages,

deaths, or burials, authorised or required by
law to be kept, or any entry in any such
register;

(p) a copy of any such register or entry as

mentioned in paragraph (o), which is
authorised or required by law to be given to
or by any person;

152
 (q) a seal used by a registrar appointed to keep a
register referred to in paragraph (o) or the
impression of any such seal, or the signature of
any such registrar;

(r) a stamp used for denoting the payment of fees

or percentages in any court;

(s) the superscription of any postal matter by any

person empowered under any enactment to
frank postal matter;

(t) the seal of a court of record in Nigeria or any

other country or the seal used at the chambers
of the head of a court or for stamping or sealing
summons or orders;

(u) a seal or signature by virtue of which any

document can by law be used as evidence;

(v) any process of any court of justice in any

country;

(w) a document issued or made by the authority of

any such court as mentioned in paragraph (v);

(x) a document or copy of a document of any kind

intended by the offender to be used as evidence
in any court mentioned in paragraph (v); and

(y) a record or other document of or belonging to a

Court of Record in any country of the
Commonwealth or of a country under the
protection of a Commonwealth country, the
offender commits a felony and is liable on
conviction to imprisonment for seven (7) years.

(4) If the thing forged purports to be, or is intended

by the offender to be understood to be or to be
used as, any of the following things‐

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 (a) the signature of the Governor, or a Governor of
any other State or the President of the Federal
Republic of Nigeria, or a commissioner of the
government of a State or a Minister of the
Federation on any grant, commission, warrant,
or order;
(b) a seal or stamp used for the purpose of the
public revenue in Nigeria or in any other
country;
(c) a document relating to the obtaining or
receiving of any money payable on account of
the public service of Nigeria, or of any other
property of the State in any country, or a power
of attorney or other authority to execute any
such document,
(d) the offender commits a felony and is liable on
conviction to imprisonment for seven (7) years.

Using false 370. (1) Any person who fraudulently uses or deals with a
documents and
false document or writing, or a counterfeit seal,
counterfeit
seals commits an offence of the same kind and is liable
on conviction to the same punishment as if he or
she had forged the thing in question.

(2) It is immaterial whether the false document or

writing, or counterfeit seal, was made in the State
or elsewhere.

(3) The term "fraudulently" means an intention that

the thing in question shall be used or acted upon
as genuine, whether in the State or elsewhere, to
the prejudice of some person, whether a
particular person or not, or that some person
whether a particular person, or not, shall, in the
belief that the thing in question is genuine, be
induced to do or refrain from doing some act,
whether in the State or elsewhere.

Using cancelled 371. Any person who knowingly uses or deals with any
or exhausted document as if it is a subsisting and effectual
documents

154
 document, any document which has by any lawful
authority been ordered to be revoked, cancelled or
suspended, or the operation of which has ceased by
effluxion of time, or by death, or by the happening of
any other event, as if the document is a subsisting and
effectual document, commits a felony and is liable on
conviction to imprisonment for three (3) years.

Using 372. Any person who knowingly uses or deals with as and for
cancelled a valid and un-cancelled stamp, a stamp or an
stamps
impression of a seal, used for any purpose connected
with the public revenue in Nigeria or any country which
has been already used or which has been cancelled,
commits a felony and is liable on conviction to
imprisonment for seven (7) years.

Procuring 373. Any person who, by means of any false and fraudulent
execution of representation as to the nature, contents, or operation,
documents by of a document, procures another to sign or execute the
false pretence
document, commits an offence of the same kind and is
liable on conviction to the same punishment as if he or
she had forged the document.

Obliterating
374. Any person who, with intent to defraud‐
crossings on
cheques
(a) obliterates, adds to or alters the crossing on a
cheque; or
(b) knowingly alters a crossed cheque, the crossing
on which has been obliterated, added to, or
altered,
(c) commits a felony and is liable on conviction to
imprisonment for seven (7) years.

Making 375. Any person who, with intent to defraud and‐

documents
without a. without lawful authority or excuse, makes,
authority
signs, or executes for or in the name or on
account of another person, whether by
procuration or otherwise, any document or
writing; or

155
 b. knowingly uses or deals with any document or
writing so made, signed, or executed, by another
person,
c. commits a felony and is liable on conviction to
imprisonment for seven (7) years.

Demanding
376. Any person who procures the delivery or payment to
property by
means of forged himself or herself or any other person of any property
testamentary or money by virtue of any probate or letters of
instruments administration granted by means of a forged
testamentary instrument, knowing the testamentary
instrument to have been forged, or by virtue of any
probate or letters of administration obtained by false
evidence, knowing the grant of same to have been so
obtained, commits an offence of the same kind and is
liable on conviction to the same punishment as if he or
she had forged the document or thing by virtue of which
he or she procures the delivery or payment.

Purchasing 377. Any person who, without lawful authority or excuse, the
forged bank
proof of which lies on the person, purchases or receives
notes
from any other person, or has in his or her possession,
a forged bank note, whether filled up or in blank,
knowing it to be forged, commits a felony and is liable
on conviction to imprisonment for seven (7) years.

Falsifying 378. Any person in public service or private employment who

warrants or
vouchers
knowingly and with intent to defraud makes out or
delivers to any person a warrant or voucher for the
payment of any money, for a greater or less amount
than that to which the person on whose behalf the
warrant or voucher is made out is entitled, commits a
felony and is liable on conviction to imprisonment for
seven (7) years.

Falsification
379. Any person who, having the actual custody of any
of register
register or record kept by lawful authority, knowingly
permits any entry which, in any material particular, is
to his or her knowledge false, to be made in the register

156
 or record, commits a felony and is liable on conviction
to imprisonment for seven (7) years.

Sending false 380. Any person who signs or transmits to a person

certificate of
authorised by law to register marriages, a certificate of
marriage to
registrar
marriage, or any document purporting to be a certificate
of marriage, which in any material particular is to his
or her knowledge false, commits a felony and is liable
on conviction to imprisonment for seven (7) years.

False 381. Any person who knowingly and with intent to procure
statements the same to be inserted in a register of births, deaths
for the
purpose
or marriages, makes any false statement concerning
of registers of any matter required by law to be registered in any such
births, deaths, register, commits a felony and is liable on conviction
and marriages to imprisonment for three (3) years.

I- PREPARATION FOR FORGERY

Instruments
and materials 382. (1) Any person who without lawful authority or
used for excuse, the proof of which lies on the person
forgery and makes, mends, begins, prepares to make or
counterfeiting
mend, or uses, or knowingly has in his or her
possession or disposes of, any instrument or
material for forging any such paper mentioned
resembling any paper such as is specially
provided by proper authority for the purpose of
making any bank notes, stamps, including
postage stamps, licence, permits, certificates or
other documents used for the purposes of public
revenue in Nigeria or in any other country,
commits a felony and is liable on conviction to
imprisonment for three (3) years.

(2) Any person who, without lawful authority or

excuse, the proof of which lies on the person
makes, mends, begins, prepares to make or
mend, uses or knowingly has in his or her
possession or disposes of any machinery,
instrument or material for making any such
paper mentioned in subsection (1) or

157
 counterfeiting any seal, mark or stamp, commits
a felony and is liable on conviction to
imprisonment for three (3) years.

(3) Any person who, without lawful authority or

excuse, the proof of which lies on the person
makes, mends, begins, prepares to make or
mend, uses or knowingly has in his or her
possession or fraudulently, and with intent that
use may be made of any part of such stamp,
mutilates the stamp or seal, commits a felony and
is liable on conviction to imprisonment for three
(3) years.

Unlawful 383. (1) Any person who, without lawful authority or

enquiries excuse the proof of which lies on the person,
relating to
the possibility
either orally or in writing makes enquiries of any
of forgery other person, whether in the State or elsewhere‐
(a) as to the cost of obtaining, the cost of supplying
or as to obtaining or supplying of any
machinery, instrument or material for the
making of any paper or capable of producing in
or on any paper any words, figures, letters,
marks or lines resembling any words, figures,
letters, marks or lines used in or on paper
specially provided for any purpose mentioned in
subsection (1) of section 380;
(b) as to the cost of printing or otherwise
reproducing or as to printing or otherwise
reproducing any document referred to in
subsection (1) of section 380 no matter by what
name such document may be referred to;
(c) as to whether such other person or any other
person is prepared to print or otherwise
reproduce or would be prepared to print or
otherwise reproduce any such document as
mentioned in paragraph (b); or
(d) as to whether such other person or any other
person is prepared to obtain or would be
prepared to obtain any such document as
mentioned in paragraph (b) by any means other
than paying full value for the same,

158
 (e) commits a misdemeanour and is liable on
conviction to imprisonment for one (1) year.
(2) In the case of written enquiries in connection with
any of the matters or subjects to which
subsection (1) relates the fact that such enquiries
were reduced into writing shall be sufficient proof
of an attempt to commit the offence.

J- IMPERSONATION

Impersonation 384. (1) Any person who with intent to defraud another,
falsely represents himself or herself to be some
other person, living or dead, commits a felony and
is liable on conviction to imprisonment for three
(3) years.

(2) If the representation is that the offender is a

person entitled by will or operation of law to any
specific property and he or she commits the
offence to obtain such property or possession,
commits a felony and is liable on conviction to
imprisonment for seven (7) years.

Falsely 385. Any person who, without lawful authority or excuse, the
acknowledging
deeds,
proof of which lies on him or her, makes, in the name
recognisances of any other person, before any court or person lawfully
authorised to take such an acknowledgment, an
acknowledgment of liability of any kind, or an
acknowledgment of a deed or other instrument,
commits a felony and is liable on conviction to
imprisonment for seven (7) years.

Impersonation 386. Any person who uses or deals with any document which
of a person has been issued by a lawful authority to another person,
named
and where that other person is certified to be a person
in a certificate
possessed of any qualification recognised by law for any
purpose, or to be the holder of any office, or to be
entitled to exercise any profession, trade, or business,
or to be entitled to any right or privilege, or to enjoy any

159
 rank or status, and falsely represents himself or herself
to be the person named in the document commits a
felony and is liable on conviction to imprisonment for
seven (7) years.

Lending 387. Any person to whom any document has been issued by
certificate for lawful authority certifying him or her to be a person
impersonation
possessed of any qualification recognised by law for any
purpose, or to be the holder of any office, or to be
entitled to exercise any profession, trade, or business,
or to be entitled to any right or privilege, or to enjoy any
rank or status, sells, gives or lends the document to
another person with intent that that other person may
represent himself or herself to be the person named in
it, commits a felony and is liable on conviction to
imprisonment for seven (7) years.

Lending 388. Any person to whom any document in the nature of a

testimonial testimonial, attestation or character has been given,
for impersona-
gives, sells or lends such document to another person
tion
with the intent that the other person may use or deal
with such document for the purpose of obtaining any
employment commits a felony and is liable on
conviction to imprisonment for seven (7) years.

K- OFFENCES CONNECTED WITH TRADE AND BREACH OF CONTRACT

Fraudulent 389. Any person who, with intent to defraud any creditor
dealing with makes any gift, delivery, or transfer of his or her
property by property, or any charge on such property, commits a
debtors
felony and is liable on conviction to imprisonment for
three (3) years.

160
 PART 7

MISCELLANEOUS OFFENCES

A- COMPUTER AND ELECTRONIC DATA MISUSE OFFENCES

Unauthorised 390. Any person who intentionally causes a computer to

access to perform any function with intent to secure
computer unauthorised access to any programme or data held in
material
any computer commits a misdemeanour and is liable
on conviction to imprisonment for two (2) years.

Unauthorised 391. (1) Any person who, with intent to facilitate the
access with commission of any offence whether by himself or
intent to
commit or
herself or another person, commits an offence
facilitate under section 388 commits a felony and is liable
commission on conviction to imprisonment for three (3) years.
of further
offences (2) For the purposes of this section, it is immaterial
that the facts are such that the commission of a
further offence is impossible.

Unauthorised 392. (1) Any person who knowingly does any act which
modification causes an unauthorised modification of the
of computer
contents of any computer commits a felony and
data
is liable on conviction to imprisonment for three
(3) years.

(2) For the purposes of subsection (1), a person

knowingly does an act when he or she has
knowledge that any modification he or she
intends to cause is unauthorised.

(3) It is immaterial for the purposes of this section

whether an unauthorised modification or any
intended effect of it of a kind mentioned in
subsection (2) is, or is intended to be, permanent
or merely temporary.

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Unauthorised 393. (1) Where a person in committing an offence under
modification section 390 -
of computer
data with (a) impairs the operation of any computer;
intent
(b) prevents or hinders access to any programme or
data held in any computer; or
(c) impairs the operation of any such programme
or the reliability of any such data,
(d) commits a felony and is liable on conviction to
imprisonment for five (5) years.

(2) The intent in subsection (1) need not be directed

at:
1. any particular computer;
2. any particular programme or data, or a
programme or data of any particular kind; or
3. any particular modification or a modification of
any particular kind.

Electronic 394. Where an offence is committed under sections 388 - 391

data of public of this Law in relation to an electronic data of public
records
records, the offender commits a felony and is liable on
conviction to imprisonment for seven (7) years.

B- SPECIALLY AGGRAVATED OFFENCES

Punishment 395. (1) Where a person is convicted of an offence under

for specially
this Law and the Court is satisfied that the
aggravated
offence offence was specially aggravated, the Court shall
impose punishment as follows:

(a) where the offence is punishable with

imprisonment for a term exceeding seven (7)
years, not less than half of the maximum
punishment prescribed for the offence;
(b) where the offence is punishable with
imprisonment for a term exceeding three (3)
years but not more than seven (7) years, not less
than three (3) years imprisonment;

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 (c) where the offence is punishable with
imprisonment for a term not exceeding three (3)
years, not less than half of the maximum
punishment prescribed for the offence.

C- OFFENCES OF CRUELTY TO ANIMALS

Cruelty to 396. (1) Any person who‐

animals (a) cruelly beats, kicks, ill‐treats, over‐rides, over‐
drives, over‐loads, tortures, infuriates, or
terrifies any animal, or causes or procures, or
being the owner, permits any animal to be so
used;
(b) by wantonly or unreasonably doing or omitting
to do any act, or causing or procuring the
commission or omission of any act, causes any
unnecessary suffering, or, being the owner,
permits any unnecessary suffering to be caused
to any animal;
(c) conveys or carries, or being the owner, permits
to be conveyed or carried any animal in such
manner or position as to cause such animal
unnecessary suffering;
(d) wilfully without any reasonable cause or excuse
administers, or causes or procures, or, being
the owner, permits such administration of, any
poisonous or injurious drug or substance to any
animal, or wilfully without any reasonable
cause or excuse causes any such substance to
be taken by any animal;
(e) subjects, or causes or procures, or, being the
owner, permits, to be subjected, any animal to
any operation which is performed without due
care and humanity; or
(f) causes, or procures, or assists at the fighting or
baiting of any animal, or keeps, uses, manages,
or acts or assists in the management of, any
premises or place for the purpose, or partly for
the purpose of fighting or baiting any animal, or
permits any place to be so kept, managed or

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 used, or receives or causes or procures any
person to receive money for the admission of
any person to such premises or place,
(g) commits an offence and is liable on conviction
to imprisonment for three (3) months or to a fine
of forty-five thousand naira (N45,000.00) or
both.

(2) For the purposes of this section, an owner shall

be deemed to have committed cruelty if he or she
failed to exercise reasonable care and supervision
in respect of the protection of the animal.

(3) When an owner is convicted of permitting cruelty

under subsection (1) by reason only of having
failed to exercise such care and supervision, such
owner is liable to a fine only.

(4) Nothing in this section shall apply‐

(a) to the commission or omission of any act in the

course of the destruction, or the preparation for
destruction, of any animal as food for humans,
unless such destruction or such preparation
was accompanied by the infliction of
unnecessary suffering; or
(b) to the coursing or hunting of any captive
animal, unless such animal is liberated in an
injured, mutilated or exhausted condition; but
a captive animal shall not be deemed to be
coursed or hunted before it is liberated for the
purpose of being coursed or hunted, or after it
has been recaptured, or if it is under control.

Court may
397. (1) When the owner of any animal is convicted of an
order
destruction offence of cruelty under section 394, the court if
of animal satisfied that it would be cruel to keep the animal
alive, may direct that the animal be destroyed,
and assign the animal to a suitable person for
that purpose.

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 (2) Any reasonable expenses incurred in destroying
the animal may be ordered by the court to be paid
by the owner, and shall be recoverable as a fine.

Court may 398. (1) If the owner of any animal is found guilty of
Deprive cruelty to any animal under section 394, the
person of
court may in addition to any other punishment,
ownership
deprive such person of the ownership of the
animal, and may make any order for the disposal
of the animal.

(2) The court shall not make the order provided for
in subsection (1) unless it is shown by evidence
as to a previous conviction, or as to the character
of the owner, or otherwise, that the animal, if left
with the owner, is likely to be exposed to further
cruelty.

Power of 399. (1) When a person in charge of an animal, or vehicle

police to take in which an animal is being transported, is
charge of
arrested, it shall be lawful for any police officer to
animal or
vehicle take charge of such animal or vehicle and to
deposit the same in a place of safe custody until
the termination of the proceedings or until the
Court shall direct such animal or vehicle to be
delivered to the person charged or to the owner.

(2) The reasonable costs of such custody including

the reasonable costs of any veterinary treatment
shall, in the event of a conviction in respect of the
animal or vehicle, be paid by the owner, and such
costs may be recovered as a fine.

D- MISCELLANEOUS OFFENCES IN RELATION TO SHIPS AND WHARVES

Offences in 400. (1) Any person who-

relation to
ships (a) being drunk or disorderly and has on account
of that been refused admission thereto by any
duly authorised member of the crew persists in
attempting to enter a ferry or ship;

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(b) being drunk or disorderly on board a ferry or
ship is requested by any duly authorised
member of the crew to leave the ferry or ship at
any place at which he or she can conveniently
do so, and does not comply with the request;
(c) being on board a ferry or ship, molests or
continues to molest any passenger after
warning by any duly authorised member of the
crew;
(d) obstructs, impedes, or molests the crew or any
of them in the navigation or management of the
ferry or ship;
(e) after having been refused admission to a ferry
or ship by any duly authorised member of the
crew on account of the ship being full, persists
in attempting to enter a ferry or ship;
(f) having gone on board the ferry or ship at any
place and being requested, on account of the
ferry or ship being full, by any duly authorised
member of the crew to leave the ferry or ship
before it has departed that place, does not
comply with that request;
(g) travels or attempts to travel in a ferry or ship
without first paying the fare and with intent to
avoid payment;
(h) having paid the fare for a certain distance,
knowingly and wilfully proceeds in the ferry or
ship beyond that distance without first paying
the additional fare for the additional distance,
and with intent to avoid payment;
(i) on arriving on a ferry or ship at the point to
which he or she has paid the fare knowingly and
wilfully refuses or neglects to quit the ferry or
ship;
(j) being on board a ferry or ship fails when
requested by any duly authorised member of the
crew either to pay the fare or exhibit such ticket
or other receipt, if any, showing such payment
of fare, as is usually given to persons travelling

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 (k) by and paying their fare on a ferry or ship, fails
to do so;
(l) who travels or attempts to travel in that part of
a ferry or ship which is set apart for passengers
of a superior class to that for which he or she
holds a ticket; or
(m) travels or attempts to travel in any ferry or ship
or part of a ferry or ship which is not set apart
for public passengers and on being ordered by
any duly authorised member of the crew to leave
such place refuses so to do,
(n) commits an offence and is liable on conviction
to a fine of fifty thousand naira (N50,000.00)
without prejudice to the recovery of any fare
payable by him or her and in default, to
imprisonment for one (1) month.

(2) Any member of the crew in charge of any ship,

and all persons called by such member to his or
her assistance, may, without warrant, arrest any
person who commits any offence under this
section and whose name and address are
unknown to the member.

(3) Any person who commits an offence under this

section and at the request of the officer in charge
of the ferry or ship, refuses to give his or her name
and address, or gives a false name or address,
commits an offence and is liable on conviction to
a fine of fifty thousand naira (N50,000.00) and in
default, to imprisonment for one (1) month.

Entering 401. (1) Any person who, not being a passenger of a ferry
ferry or ship or ship or not having purchased a ticket to travel
without ticket
by a ferry or ship, enters or attempts to enter into
any enclosed jetty, quay, wharf or such place, and
on being ordered to leave such a place by any
person duly authorised by the management of the
place or any police officer refuses to do so
commits an offence and is liable on conviction to

167
 a fine of five thousand naira (N5000.00) or in
default to imprisonment for one (1) month.

(2) Any duly authorised member of the crew or any

police officer, and all persons called by such
member or police officer to his or her assistance,
may arrest any person who commits any offence
under this section.

Power to 402. Any duly authorised member of the crew of any ferry or
exclude ship may refuse to receive on board any person who by
drunken
reason of drunkenness or otherwise is in such a state,
person from
ferry or ship or misconducts himself or herself in such a manner as
to cause annoyance or injury to passengers on board,
and if any such person is on board may put him or her
on shore at any convenient place.

E- OFFENCES BY MEMBERS OF A CREW

Obligation 403. A person serving in the crew of a ship shall complete

to complete any voyage the ship may be engaged in making when
voyage his or her engagement expires:

Provided that the person shall be paid up to the date of

the termination of the voyage, at the rate stipulated for
under the terms of the engagement now expired.

Offences by 404. (1) Any person who‐

members of
a crew (a) having entered into an agreement to serve
in the crew of any ferry or ship fails to
perform his or her obligation; or
(b) being a member of the crew of any ferry or
ship:
(i) deserts or without leave or lawful cause
absents himself or herself from duty;
(ii) is intoxicated during work hours;
(iv) refuses without reasonable excuse to obey
the order of any person in authority over him
or her;

168
 (iv) uses abusive or insulting language on any
person in authority over him or her or any
passenger;
(v) wilfully does any act tending to the loss of or
damage or serious risk to his or her
employer's property; or
(vi) refuses or omits without reasonable cause to
do any act proper and required to be done by
the person for preserving his or her
employer's property,
(viii) commits an offence and is liable on
conviction to a fine of fifty thousand naira
(N50,000.00) and in default, to
imprisonment for one (1) month.
(2) Any person serving in the crew of any ferry or ship
who conspires with any of the crew to disobey
lawful commands, neglect duty, or impede the
navigation of the ferry or ship or the progress of
the voyage commits an offence and is liable on
conviction to imprisonment for six (6) months.

PART 8

PREPARATION TO COMMIT OFFENCES: CONSPIRACY: ACCESSORIES

AFTER THE FACT

A- ATTEMPTS, INCITEMENTS, AND PREPARATIONS TO COMMIT

OFFENCES; NEGLECT TO PREVENT COMMISSION OF FELONY

Attempts to 405. Any person who attempts to commit a felony or

Commit misdemeanour commits an offence, which, unless
offences
otherwise stated, is a misdemeanour.

Punishment 406. (1) Any person who attempts to commit a felony of

for attempts such a kind that a person convicted of it, is liable
to commit
felonies
169
 to the punishment of death or imprisonment for
a term of fourteen (14) years or upwards with or
without other punishment, commits a felony and
is liable on conviction, if no other punishment is
provided, to imprisonment for seven (7) years.
(1) Any person who attempts to commit a felony of
any other kind is liable on conviction, if no other
punishment is provided, to a punishment equal
to one-half of the maximum punishment to which
an offender convicted of the felony which he or
she attempted to commit is liable.

Punishment 407. Any person who attempts to commit any other offence
for attempts is liable, if no other punishment is provided, to a
to commit
punishment equal to one half of the maximum
other offences
punishment to which an offender convicted of the
offence which he or she attempted to commit is liable.

Reduction 408. (1) When a person is convicted of attempting to

of punishment commit an offence, if it is proved that the person
desisted of his or her own motion from the further
prosecution of the intention to commit the
offence, without fulfilment of the intention being
prevented by circumstances independent of his or
her will, such person is liable to one half only of
the punishment to which he or she would
otherwise be liable.

(2) If the punishment to which the person referred to

in subsection (1) would otherwise be liable is
imprisonment for life, the greatest punishment to
which he or she is liable is imprisonment for
seven (7) years.

Attempts to 409. (1) Any person who attempts to procure another to

procure
do an act or make an omission of such a nature
commission
of criminal acts that if the person were to do the act or make the
omission, he or she would have committed an
offence, is to be deemed to have attempted to

170
 commit such offence and to be punishable
accordingly.

(2) Any person who while in the State attempts to

procure another to do an act or make an omission
at a place not in the State of such a nature‐

(a) that if the person were to personally do the act

or make the omission in the State, he or she
would have committed an offence; and
(b) that if he or she were to personally do the act or
make the omission at the place where the act or
omission is proposed to be done or made, he or
she would have committed an offence under the
laws in force at that place,
(c) commits an offence of the same kind and is
liable on conviction to the same punishment as
if he or she attempted to do the same act or
make the same omission in the State.

Preparation 410. Any person who makes, or knowingly, is in possession

to commit of, any explosive substance, or any dangerous or
crimes with
explosives
harmful engine, instrument, or thing with intent to use
it to commit, or for the purpose of enabling any other
person to use it to commit any felony, commits a felony
and is liable on conviction to imprisonment for fourteen
(14) years.

Neglect to 411. Every person who, knowing that a person designs to

prevent felony commit or is committing a felony, fails to use all
reasonable means to prevent the commission or
completion of it, commits a misdemeanour and is liable
on conviction to imprisonment for two (2) years.

B- CONSPIRACY

Conspiracy
412. (1) Any person who conspires with another to
to commit
felony
commit any felony in the State, or to do any act
outside the State which if done in the State would
be a felony, and which is an offence under the

171
 laws in force in the place where it is proposed to
be done, commits a felony.

(2) A person convicted of an offence under

subsection (1), is liable if no other punishment is
provided, to imprisonment for seven (7) years, or,
if the greatest punishment to which a person
convicted of the felony in question is less than
imprisonment for seven (7) years, then to such
lesser punishment.

Conspiracy 413. Any person who conspires with another to commit any
to commit offence which is not a felony in the State, or to do any
other offence
act outside the State which if done in the State would
be an offence but not a felony, and which is an offence
under the laws in force in the place where it is proposed
to be done, commits a misdemeanour and is liable on
conviction to imprisonment for two (2) years.

Other 414. (1) Any person who conspires with another to effect
conspiracies any of the following purposes-

a. to prevent or defeat the execution or

enforcement of any law, or regulation;
b. to cause any injury to the person or reputation
of any person, or to depreciate the value of any
property of any person;
c. to prevent or obstruct the free and lawful
disposition of any property by the owner thereof
for its fair value;
d. to injure any person in his or her trade or
profession;
e. to prevent or obstruct, by means of any act or
acts which if done by an individual person
would constitute an offence on his or her part,
the free and lawful exercise by any person of his
or her trade, profession, or occupation;
f. to effect any unlawful purpose; or
g. to effect any lawful purpose by any unlawful
means,

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 h. commits a misdemeanour and is liable on
conviction to imprisonment for two (2) years.

Conspiracy 415. (1) Sections 410 - 412 of this Law shall not apply to
in trade
an agreement or combination of two or more
dispute
persons to do or procure to be done any act in
contemplation or furtherance of a trade dispute if
such act committed by one person would not be
punishable as an offence.

(2) Nothing in this section shall exempt from

punishment any person guilty of a conspiracy for
which a punishment is provided by any other
enactment.

(3) Nothing in this section shall affect the law

relating to riot, unlawful assembly, breach of the
peace or any offence against the State.

(2) For the purposes of this section, “offence” does

not include an offence punishable only by a fine;
and “trade dispute” has the same meaning as in
the Trade Unions Act.

C- ACCESSORIES AFTER THE FACT

Accessories 416. Any person who becomes an accessory after the fact to
after the fact a felony, is liable, if no other punishment is provided, to
to felonies
imprisonment for two (2) years.

Accessories 417. Any person who becomes an accessory after the fact to
after the
a misdemeanour, is liable, if no other punishment is
fact to
misdemeanours provided, to a punishment equal to one-half of the
maximum punishment to which the principal offender
is liable on conviction.

Accessories 418. Any person who becomes an accessory after the fact
after the fact
to simple
to a simple offence is liable, if no other punishment
offences is provided, to a punishment equal to one-half of the

173
 maximum punishment to which the principal
offender is liable on conviction.

FINAL PROVISIONS

Repeal 419. The Criminal Code Law 1916, Chapter 48, Volume
II, Laws of Bendel State 1976 is repealed.

Savings and 420. Without prejudice to this Law, criminal proceedings

transitional instituted under the Criminal Code Law or any other
provisions
penal law before the commencement of this Law
shall be continued with until disposed of in line with
the said law.

Interpretation 421. In this Law, unless the context otherwise indicates‐

“be in possession” or “possesses” includes having

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

“brothel” means any premises or room or set of

rooms in any premises kept for purposes of
prostitution;

“clerk” and “employee” include any person

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

174
“captive animal” means any animal (not being a
domestic animal) of whatsoever kind or species,
including any bird, fish or reptile, which is in
captivity, or confinement, or which is maimed,
pinioned or subjected to any appliance or
contrivance for the purpose of hindering or
preventing its escape from captivity or confinement;

“child” means any person under the age of 18 years;

“company” includes corporations, partnerships and

bodies corporate registered under any law;

“court” means any court or tribunal established by

law;

“crew” includes masters, mates, pilots, engineers,

deck-hands and all persons engaged in the
navigation or service of a ship, ferry, boat, or canoe;

“criminally responsible” means liable to

punishment for an offence;

“criminal responsibility” means liability to

punishment for an offence;

“dangerous or offensive weapon” means any

article apart from a firearm made or adapted for use
for causing injury or intended by the person having
it for such use or by some other person and includes
bow and arrow, spear, cutlass, machete, dagger,
cudgel or any piece of wood, metal, glass or stone
capable of being used as an offensive weapon;

“document” includes part of a document or

electronic document;

“dredging” includes excavating sand, mud or other

substances in or around or on waterfront and
embankment, along waterways, rivers, creeks, lakes
and lagoons within the State.

175
“explosive substance” includes a gaseous
substance in such a state of compression as to be
capable of explosion;

“ferry” includes any craft, barge, lighter canoe,

boats or tug of any kind whatsoever towed or self-
propelled by any type of motor or otherwise;

“Government” means the Government of Edo State;

“grievous harm” means any harm which-

(a) amounts to a maim,

(b) endangers life,
(c) seriously or permanently injures health,
(d) is likely to seriously or permanently injure
health,
(e) extends to permanent disfigurement or to any
permanent or serious injury to any external or
internal organ, member, or sense;

“harm” means any bodily hurt, disease, or disorder,

whether permanent or temporary;

“incest” means a sexual relation between a person

with another, who is, to the person’s knowledge his
or her daughter or son, granddaughter or grandson,
sister or brother, mother or father, niece or nephew,
aunt or uncle, grand-mother or grand-father, great-
aunt or great-uncle;

“judicial officer” includes the Chief Justice of

Nigeria and a justice of the Supreme Court, the
president and a Justice of the Court of Appeal, the
Chief Judge and a judge of a High Court, a
Magistrate, the president of an Area Customary
Court, and an administrative officer when engaged
in any judicial act or proceeding or inquiry;

“judicial proceeding” includes any proceeding had

or taken in or before any court, tribunal, commission

176
of inquiry or person, in which evidence may be taken
on oath.

“knowingly” used in connection with any term

denoting using, implies knowledge of the character
of the thing used;

“law” includes any Act, order, rule of court,

regulation or proclamation made under authority of
such law.

“Law of Edo State” means any written law in force

in Edo State;

“law officer” includes the Attorney‐General, the

Solicitor‐General of the State, the Director of Public
Prosecutions and such other qualified officers, by
whatever names designated, to whom any of the
powers of a law officer are delegated by law or
necessary intendment;

“maim” means the destruction or permanent

disabling of any external or internal organ, member
or sense;

“marriage” means any marriage which is recognised

by law;

“model” includes design, pattern and specimen;

“money” includes bank notes, bank drafts, cheques,

and any other orders, warrants, or requests, for the
payment of money;

“Nigeria” means the Federal Republic of Nigeria;

“night” or “night time” means the interval between

half past six o’clock in the evening and half past six
o'clock in the morning;

“official of a private sector entity” means any

director, functionary, officer, agent, privy or

177
employee serving in any capacity whatsoever for a
private organization, corporate body, political party,
institution or other employment whether under a
contract of service or contract for services or
otherwise, and whether in an executive capacity or
not;

“passenger steamer” means every steamship

carrying one or more persons other than the crew,
and the owner, his family, friends and employee;

“peace officer” includes any magistrate and any

police officer of or above the rank of assistant
superintendent;

“person” and “owner” and other like terms, when

used with reference to property, include
corporations of all kinds, and any other associations
of persons capable of owning property; and also,
when so used, include the State;

“person employed in the public service” means

any person holding any of the following offices, or
performing the duties thereof, whether as deputy or
otherwise‐

(a) any civil office, the power of appointing a person

to which or removing a person from which is
vested in the Civil Service Commission or any
Board;
(b) any office to which a person is appointed by or
under the Constitution of the Federal Republic
of Nigeria or any enactment;
(c) any civil office, the power of appointing to which
or of removing from which is vested in any
person or persons holding an office of any kind
included in either paragraph (a) or (b);
(d) any office of arbitrator or umpire in any
proceeding or matter submitted to arbitration
by order or with the sanction of any court, or in
pursuance of any enactment;

178
(e) a member of a commission of inquiry appointed
under any law;

and the said term further includes‐

(a) any justice of the peace;

(b) any person employed to execute any process of
a court;
(c) all persons belonging to the military or police
forces of Nigeria;
(d) all persons in the employ of any government
department;
(e) a person acting as a minister of religion of
whatsoever denomination in so far as he or she
performs functions in respect of the notification
of intended marriage, or in respect of the
solemnisation of marriage or in respect of the
making and keeping of any register or certificate
of marriage, birth, baptism, death or burial, but
not in any other respect;
(f) a person employed by a chief or traditional ruler
in connection with any powers or duties
exercised or performed by such chief or
traditional ruler under any law or with the
consent of the Governor;
(g) a person in the employ of a local government;

“police officer” means any member of the Nigerian

Police Force;

“private sector entity” means any person who is

not a public official;

“property” includes everything, animate or

inanimate, capable of being the subject of
ownership;

“prostitution” includes the offering by any male or

female of his or her body for acts of lewdness for
payment although there is no act or offer of an act of
ordinary sexual connection;

179
“public” refers not only to all persons within Nigeria,
but also to the persons inhabiting or using any
particular place or any number of such persons, and
also to such indeterminate persons as may happen
to be affected by the conduct with respect to which
such expression is used;

“publication” as relates to “Undesirable

Publications” includes all written or printed matter
and everything, whether of a nature similar to
written or printed matter or not, containing any
visible representation, or by its form, shape, or in
any manner capable of suggesting words or ideas,
and every copy and reproduction of any publication,
and publication in any electronic platform;

“public officer” means any public officer within the

definition of a public officer as provided for in Part II
of the 5th Schedule to the Constitution of the Federal
Republic of Nigeria, 1999 as amended;

“public official” the word public official anywhere

in this law is same as public officer;

“public place” includes any public way, and any

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

"public way" includes any highway, market place,

square, street, bridge, or other way, which is
lawfully used by the public;

“publicly”‐ acts are done publicly

(a) if they are so done in any public place as to be

likely to be seen by any person, whether such
person be, or be not, in a public place; or

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

“residential building” includes any building or

structure, or part of a building or structure, which
is for the time being kept by the owner or occupier
for use as personal residence, residence of family, or
employee, or any of them. A building or structure
adjacent to, and occupied with, a residential
building is deemed to be part of the residential
building if there is a communication between such
building or structure and the residential building,
either immediate or by means of a covered and
enclosed passage leading from the one to the other,
but not otherwise;

“sand dealing” includes the engagement of any

person in the business of sale, purchase,
transportation, or dealing or transportation of
granite, laterite stone, gravel, clay or sand obtained
from within, around or on waterfront and
embankment, and from waterways, rivers, creeks,
lakes and lagoons within the State;

“ship” includes every description of vessel in the

service of the Government and every passenger
steamer on the inland waters of the State.

“sketch” includes any photograph or other mode of

representing any place or thing;

“State” means Edo State of Nigeria;

“valuable security” includes any document which

is the property of any person, and which is evidence
of the ownership of any property or of the right to
recover or receive any property;

“vessel” includes a ferry, ship, boat and every other

kind of vessel used in navigation either on the sea or
in inland waters;

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“voyage” means the period from the date of the
entry of the starting of a ship in the ship's log to the
date when the ship’s log is handed over to the
employer or his or her agent and the voyage
terminates;

“wound” means any incision or puncture which

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

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