CRIMINAL CODE ACT

(1) In this Code, unless the context otherwise requires‐
"brothel" means any premises or room or set of rooms in any premises kept for
purposes of prostitution;
"Christian marriage" means a marriage which is recognised by the law of the place
where it is contracted as the voluntary union for life of one man and one woman to the
exclusion of all others;
"clerk" and "servant" include any person employed for any purpose as or in the
capacity of a clerk, or servant, or as a collector of money, although temporarily only, or
although employed also by other persons than the person alleged to be his employer,
or although employed to pay as well as receive money, and any person employed as
or in the capacity of a commission agent for the collection or disbursement of money
or in any similar capacity, although he has no authority from his employer to receive
money or other property on his account;
"company" means an incorporated company;
"court", "a court", "the court", includes‐
(a) the High Court and the Chief Judge and other Judges of the High Court;
(b) a magistrate being engaged in any judicial act or proceeding or inquiry;
(c) an administrative officer being engaged in any judicial act or proceeding or inquiry;
(d) the Federal High Court and the Chief Judge and other Judges of that Court;
(e) the Court of Appeal and the President and the Justices thereof sitting together or
separately;
(f) the Supreme Court, and the Justices thereof sitting together or separately;
"criminally responsible" means liable to punishment as for an offence; "criminal
responsibility" means liability to punishment as for an offence; "dangerous harm"
means harm endangering life;
"dwelling‐house" includes any building or structure, or part of a building or structure,
which is for the time being kept by the owner or occupier for the residence therein of
himself, his family, or servants, or any of them: it is immaterial that it is, from time to
time, uninhabited:
A building or structure adjacent to, and occupied with, a dwelling‐house is deemed to
be part of the dwelling‐house if there is a communication between such building or
structure and the dwelling‐house, either immediate or by means of a covered and
enclosed passage leading from the one to other, but not otherwise;
"explosive substance" includes a gaseous substance in such a state of compression as
to be capable of explosion;
"grievous harm" means any harm which amounts to a maim or dangerous harm as
defined in this section, or which seriously or permanently injures health, or which is
likely so to injure health, or which extends to permanent disfigurement or to any
permanent or serious injury to any external or internal organ, member, or sense;
"harm" means any bodily hurt, disease, or disorder, whether permanent or temporary;
"have in possession" includes having under control in any place whatever, whether for
the use or benefit of the person of whom the term is used or of another person, and
although another person has the actual possession or custody of the thing in question;
"judicial officer" includes the Chief Judge and a Judge of a High Court, a Magistrate, the
President and Justices of the Court of Appeal, the Chief Judge and Judges of the Federal
High Court, the Chief Justice of Nigeria and a Justice of the Supreme Court, and when
engaged in any judicial act or proceeding or inquiry, an administrative officer;
"knowingly" used in connection with any term denoting uttering or using, implies
knowledge of the character of the thing uttered or used;
"law officer" means the Attorney‐General and the Solicitor‐General of the Federation,
and includes the Director of Public Prosecutions and such other qualified officers, by
whatever names designated, to whom any of the powers of a law officer are delegated
by law or necessary intendment;
"local authority" means the local government council of the local government area;
"mail" includes any conveyance of any kind by which postal matter is carried, and also
any vessel employed by or under the Nigerian Postal Service, or the postal authority of
any other country, or the Admiralty, for the conveyance of postal matter, under
contract or not, and also a ship of war or other vessel in the service of the Federation
in respect of letters conveyed by it and also a person or animal used for the
conveyance or delivery of postal matter;
"maim" means the destruction or permanent disabling of any external or internal
organ, member or sense;
"money" includes bank notes, bank drafts, cheques, and any other orders, warrants, or
requests, for the payment of money;
"Nigeria" means the Federal Republic of Nigeria;
"night" or "night time" means the interval between half past six o’clock in the evening
and half past six o'clock in the morning;
"officer of the Nigerian Postal Service" includes the Post Master General, and every
agent, officer, clerk, sorter, messenger, letter carrier, post boy, rider, or any other
person employed in the business of the post office, whether employed by the Civil
Services Commission of the Federation or any person on behalf of the post office;
"Order in Council" when used in connection with the terms ordinance and statute
includes any relevant Order in Council of the United Kingdom applicable to Nigeria;
"packet boat" means a post office packet and includes any other vessel so employed
in conveying postal matters by the Nigerian Postal Service;
"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 association of persons capable of
owning property; and also, when so used, include the State;
"person employed by or under the Nigerian Postal Service" includes an officer of the
said Service and a telegraph official;
"person employed in the public service" means any person holding any of the following
offices, or performing the duties thereof, whether as deputy or otherwise‐
(1) any civil office, the power of appointing a person to which or removing a person
from which is vested in the Civil Service Commission or any Board; or
(2) any office to which a person is appointed by or under the Constitution of the
Federal Republic of Nigeria or any enactment; or
(3) any civil office, the power of appointing to which or of removing from which is
vested in any person or persons holding an office of any kind included in either of the
two last preceding sub‐heads of this section; or
(4) any office of arbitrator or umpire in any proceeding or matter submitted to
arbitration by order or with the sanction of any court, or in pursuance of any
enactment; or
(5) a member of a commission of inquiry appointed under any Act or law, and the said
term further includes‐
(1) any justice of the peace;
(2) any person employed to execute any process of a court;
(3) all persons belonging to the military or police forces of Nigeria;
(4) all persons in the employ of any government department;
(5) a person acting as a minister of religion of whatsoever denomination in so far as he
performs functions in respect of the notification of intended marriage, or in respect of
the solemnisation of marriage or in respect of the making and keeping of any register
or certificate of marriage, birth, baptism, death or burial, but not in any other respect;
(6) a person employed by a head chief in connection with any powers or duties
exercised or performed by such chief under any Act or law or with the consent of the
President or a Governor;
(7) a person in the employ of a local authority;
(8) a person in the employ of a local government council in connection with any
powers or duties exercised or performed by such local government council and in
respect of the duties for which the employment actually exists;
"police officer" means any member of the police force;
"postal matter" includes any letter, newspaper, packet, parcel or other thing,
authorised by law to be transmitted by post, which has been posted or received at a
post office for delivery or transmission by post, and which is in course of transmission
by post, and any movable receptacle which contains any such thing, and which is in
course of transmission by post:
A thing is deemed to be in course of transmission by post or telegraph from the time of
its being delivered to a post or telegraph office to the time of its being delivered to the
person to whom it is addressed:
A delivery at the house or office of the person to whom any postal matter or telegram
is addressed, either to him or to some person apparently authorised to receive it
according to the usual manner of delivering postal matter or telegrams addressed to
him, is deemed a delivery to such first‐named person;
"postal matter bag" includes any bag, or box, or parcel, or other envelope or covering,
in which postal matter is conveyed, whether it does or does not contain postal matter;
"post office" and "telegraph office" respectively, includes any structure, room, place or
receptacle, of any kind, appointed in pursuance of the Nigerian Postal Service Act or,
as the case may be, of the Wireless Telegraphy Act for the receipt, despatch, or
delivery, of any postal matter or telegram, or for the transaction of the business of the
department relating to posts and telegraphs; and "telegraph office" includes any room
or place used by a telegraph company for the receipt, despatch or delivery of
telegrams;
[Cap. N127. Cap. W5.]
"property" includes everything, animate or inanimate, capable or being the subject of
ownership; "prostitution" (with its grammatical variations and cognate expressions)
includes the offering by a female of her body commonly for acts of lewdness for
payment although there is no act or offer of an act or ordinary sexual connection;
"public" refers not only to all persons within Nigeria, but also to the persons inhabiting
or using any particular place or any number of such persons, and also to such
indeterminate persons as may happen to be affected by the conduct with respect to
which such expression is used;
"public place" includes any public way, and any building, place, or conveyance, to
which for the time being the public are entitled or permitted to have access, either
without any conditions or upon condition of making any payment, and any building or
place which is for the time being used for any public or religious meeting or assembly,
or as an open court;
"public way" includes any highway, market place, square, street, bridge, or other way,
which is lawfully used by the public;
acts are done "publicly"‐
(a) if they are so done in any public place as to be likely to be seen by any person,
whether such person be, or be not, in a public place; or
(b) if they are so done in any place, not being a pubic place, as to be likely to be seen
by any person in any public place;
"railway" includes every kind of way on which vehicles are borne upon a rail or rails,
whatever may be the means of propulsion;
"railway servant" means any person employed by a railway administration in
connection with the services of a railway;
"Statute" means a statute of the Imperial Parliament which is in force in, or forms a
part of the law of, Nigeria;
"telegram" means any message or other communication transmitted or intended for
transmission by telegraph, and includes a written or printed message or
communication sent to or delivered at a telegraph office or post office for transmission
by telegraph, or delivered or prepared for delivery from a telegraph office or post
office as a message or communication transmitted by telegraph for delivery;
"telegraph" means a wire or wires used for the purpose of telegraphic
communications, with any casing, coating, tube, or pipe enclosing the same, and any
apparatus connected therewith, for the purpose of telegraphic communications, and
includes a telephone, and submarine cable; it also includes any apparatus for
transmitting messages or other communications by means of electric signals, whether
with or without the aid of wires;
"telegraph company" means any company, corporation or person, authorised under
the provisions of any Act to carry on the business of sending telegrams for the public;
"telegraph official" means any person employed in the Nigerian Postal Service or by a
telegraph company in and about the reception, transmission, and delivery of
telegrams, or in the construction, maintenance, or setting up of telegraphs;
"telegraph post" includes a post, pole, standard, stay, strut, or other above‐ground
contrivance for carrying, suspending, or supporting a telegraph, and also includes a
tree used for a like purpose;
"telegraph works" includes any wire insulator or telegraph post, and also any
instrument, furniture, plant, office, building, machinery, engine, excavation, work,
matter, or thing of whatever description, in any way connected with a telegraph;
"uncorroborated testimony" means testimony which IS not corroborated in some
material particular by other evidence implicating the accused person;
"utter" includes using or dealing with, and attempting to use or deal with, and
attempting to induce any person to use, deal with, or act upon the thing in question;
"valuable security" includes any document which is the property of any person, and
which is evidence of the ownership of any property or of the right to recover or receive
any property;
"vessel" includes a ship, a boat, and every other kind of vessel used in navigation
either on the sea or in inland waters;
"wound" means any incision or puncture which divides or pierces any exterior
membrane of the body; and any membrane is exterior, for the purpose of this
definition, which can be touched without dividing or piercing any other membrane.

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

Offences are of three kinds, namely, felonies, misdemeanors, and simple offences.
A felony is any offence which is declared by law to be a felony, or is punishable,
without proof of previous conviction, with death or with imprisonment for three years
or more.
A misdemeanor is any offence which is declared by law to be a misdemeanor, or is
punishable by imprisonment for not less than six months, but less than three years.
All offences, other than felonies and misdemeanors, are simple offences.

When a person, intending to commit an offence, begins to put his intention into
execution by means adapted to its fulfilment, and manifests his intention by some
overt act, but does not fulfil his intention to such an extent as to commit the offence,
he is said to attempt to commit the offence.
It is immaterial, except so far as regards punishment, whether the offender does all
that is necessary on his part for completing the commission of the offence, or whether
the complete fulfilment of his intention is prevented by circumstances independent of
his will, or whether he desists of his own motion from the further prosecution of his
intention.
It is immaterial that by reason of circumstances not known to the offender it is
impossible in fact to commit the offence.
The same facts may constitute one offence and an attempt to commit another offence.

The expression "the offender may be arrested without warrant" means that the
provisions of this Code relating to the arrest of offenders or suspected offenders
without warrant are applicable to the offence in question, either generally or subject to
such conditions, if any, as to time, place, or circumstance, or as to the person
authorised to make the arrest, as are specified in the particular case.
Except when otherwise stated, the fact that an offence is within the definition of a
felony as set forth in this Code imports that the offender may be arrested without
warrant.
The expression "the offender cannot be arrested without warrant" means that the
provisions of this Code relating to the arrest of offenders or suspected offenders
without warrant are not applicable to the offence in question, except subject to such
conditions, if any, as to time, place, or circumstance, or as to the person authorised to
make the arrest, as are specified in the particular case.

When the term "carnal knowledge" or the term "carnal connection" is used in defining
an offence, it is implied that the offence, so far as regards that element of it, is
complete upon penetration.
"unlawful carnal knowledge" means carnal connection which takes place otherwise
than between husband and wife.
Chapter 2. Parties to offences

When an offence is committed, each of the following persons is deemed to have taken
part in committing the offence and to be guilty of the offence, and may be charged
with actually committing it‐
(a) every person who actually does the act or makes the omission which constitutes
the offence;
(b) every person who does or omits to do any act for the purpose of enabling or aiding
another person to commit the offence;
(c) every person who aids another person in committing the offence;
(d) any person who counsels or procures any other person to commit the offence.
In the fourth case, he may be charged either with himself committing the offence or
with counselling or procuring its commission.
A conviction of counselling or procuring the commission of an offence entails the same
consequences in all respects as a conviction of committing the offence.
Any person who procures another to do or omit to do any act of such a nature that, if
he had himself done the act or made the omission, that act or omission would have
constituted an offence on his part, is guilty of an offence of the same kind, and is liable
to the same punishment, as if he had himself done the act or made the omission; and
he may be charged with himself doing the act or making the omission.

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

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

A person who receives or assists another who is, to his knowledge, guilty of an offence,
in order to enable him to escape punishment, is said to become an accessory after the
fact to the offence.
A wife does not become an accessory after the fact to an offence of which her husband
is guilty by receiving or assisting him in order to enable him to escape punishment; nor
by receiving or assisting, in her husband's presence and by his authority, another
person who is guilty of an offence in the commission of which her husband has taken
part, in order to enable that other person to escape punishment; nor does a husband
become accessory after the fact to an offence of which his wife is guilty by receiving or
assisting her in order to enable her to escape punishment.
In this section the terms "wife" and "husband" mean respectively the wife and
husband of a Christian marriage.
Chapter 3. Application of Criminal Law

(1) In this Chapter‐
[L.N. 155 of 1960.]
"Federal law" means any Act enacted by the National Assembly having effect with
respect to the Federation and any Act enacted before the 1st day of October, 1960,
which under the Constitution of the Federal Republic of Nigeria has effect with respect
to the Federation;
[Cap. C23.]
"law of a State" means any written law enacted by the House of Assembly of the State
or having effect as if it were enacted by the said House of Assembly;
"law" includes any order, rule of court, regulation or proclamation made under the
authority of such law.

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

in Nigeria
Where by the provisions of any Federal law the doing of any act or the making of any
omission constituted an offence, those provisions shall apply to every person who is in
Nigeria at the time of his doing the act or making the omission.
With regard to such offences which are of such a nature that they comprise several
elements, if any acts or omissions or events actually occur, which, if they all occurred
in Nigeria, would constitute an offence and any of such acts or omissions or events
occur in Nigeria, although all or some of the other acts or omissions or events which, if
they occurred in Nigeria, would be elements of the offence occur elsewhere than in
Nigeria; then‐
(1) if the act or omission, which in the case of an offence wholly committed in Nigeria
would be the initial element of the offence, occurs in Nigeria, the person who does that
act or makes that omission is guilty of an offence of the same kind and is liable to the
same punishment, as if all the subsequent elements of the offence had occurred in
Nigeria; and
(2) if that act or omission occurs elsewhere than in Nigeria, and the person who does
that act or makes that omission afterwards comes into Nigeria, he is by such coming
into Nigeria guilty of an offence of the same kind, and is liable to the same
punishment, as if that act or omission had occurred in Nigeria and he had been in
Nigeria when it occurred.
But in any such case it is a defence to the charge to prove that the accused person did
not intend that the act or omission should have effect in Nigeria. This section does not
extend to a case in which the only material event that occurs in Nigeria is the death in
Nigeria of a person whose death is caused by an act, done or omitted to be done, at a
place not in Nigeria and at a time when he was not in Nigeria.

(1) Where by the provisions of any law of a State the doing of any act or the making of
any omission is constituted an offence, those provisions shall apply to every person
who is in the State at the time of his doing the act or making the omission.
(2) With regard to any such offence which is of such a nature that it comprises several
elements, if any acts or omissions or events actually occur, which, if they all occurred
in the State, would constitute an offence, and any of such acts or omissions or events
occur in the State, although all or some of the other acts or omissions or events which,
if they occurred in the State, would be elements of the offence, occur elsewhere than
in the State, then‐
(a) if the act or omission, which in the case of an offence committed wholly in the State
would be the initial element of the offence, occurs in the State, the person who does
that act or makes that omission is guilty of an offence of the same kind and is liable to
the same punishment as if all the subsequent elements of the offence had occurred in
the State; and
(b) if that act or omission occurs elsewhere than in the State, and the person who does
that act or makes that omission afterwards comes into the State, he is by such coming
into the State guilty of an offence of the same kind and is liable to the same
punishment, as if that act or omission had occurred in the State and he had been in
the State when it occurred.
But in any such case, it is a defence to the charge to prove that the accused person
did not intend that the act or omission should have effect in the State. This subsection
does not extend to a case in which the only material event that occurs in the State is
the death in the State of a person whose death is caused by an act, done or omitted to
be done, at a place not in the State and at a time when he was not in the State.

(1) Any person who, having while out of Nigeria procured another to do or omit to do in
Nigeria an act of such a nature that if he had himself done the act or made the
omission in Nigeria, he would have been guilty of an offence, afterwards comes into
Nigeria, is by such coming into Nigeria guilty of an offence of the same kind, and is
liable to the same punishment, as if he himself had done the act or made the omission
in Nigeria.
Any person who, having while out of Nigeria counselled or procured the commission of
an offence which is actually committed in Nigeria, afterwards comes into Nigeria, is by
such coming into Nigeria guilty of an offence of the same kind, and is liable to the
same punishment, as if he had been in Nigeria when the offence was committed.
(2) In this section, "offence" means an offence against any Federal law.

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

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

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

Members of the armed forces and of the police force of Nigeria are subject to the
special laws relating to the forces to which they respectively belong, but are not
exempt from the provisions of this Code.
[L.N. 112 of 1964.]

Chapter 4. Punishments

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

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

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

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

Nothing in this Code affects the prerogative of mercy where exercised in accordance
with the Constitution of the Federal Republic of Nigeria.
[L.N. 112 of 1964. Cap. C23.]
Chapter 5. Criminal responsibility

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.

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

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

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

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

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

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

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

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

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

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

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

A husband and wife of Christian marriage are not criminally responsible for a
conspiracy between themselves alone.

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

with respect to the other's property
When a husband and wife of a Christian marriage are living together, neither of them
incurs any criminal responsibility for doing or omitting to do any act with respect to the
property of the other, except in the case of an act or omission of which an intention to
injure or defraud some other person is an element, and except in the case of an act
done by either of them when leaving or deserting, or when about to leave or desert,
the other.
Subject to the foregoing provisions, a husband and wife are, each of them, criminally
responsible for any act done by him or her with respect to the property of the other,
which would be an offence if they were not husband and wife, and to the same extent
as if they were not husband and wife.
But in the case of a Christian marriage neither of them can institute criminal
proceedings against the other while they are living together.
In this section, the term "property" used with respect to a wife means her separate
property.
Part 2. Offences against public order
Chapter 6. Treason and certain other offences

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

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

(1) Where an offender who, in the opinion of the court, had not attained the age of
seventeen years at the time the offence was committed, has been found guilty of an
offence against either section 37 or 38 of this Code, such offender shall not be
sentenced to death but shall be ordered to be detained during the pleasure of the
President and upon such an order being made the provisions of Part 44 of the Criminal
Procedure Act shall apply.
[1066 No. 84. L.N. 112 of 1964. 1967 No. 27. Cap. C41.]
(2) Where a woman who has been convicted of an offence against either section 37 or
38 of this Code alleges she is pregnant, or where the judge before whom she is
convicted considers it advisable to have inquiries made as to whether or not she be
pregnant, the procedure laid down in section 376 of the Criminal Procedure Act shall
first be complied with.

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

Any person who forms an intention to effect any of the following purposes, that is to
say‐
[L.N. 112 of 1964. 1967 No. 27.]
(a) to remove during his term of office otherwise than by constitutional means the
President as Head of State of the Federation and Commander‐in‐Chief of the Armed
Forces thereof; or
(b) to likewise remove during his term of office the Governor of a State; or
(c) to levy war against Nigeria in order by force or constraint to compel the President
to change his measures or counsels, or in order to put any force or constraint upon, or
in order to intimidate or overawe any House of the National Assembly or any other
legislature or legislative authority; or
(d) to instigate any foreigner to make any armed invasion of Nigeria or any of the
territories thereof, and manifests such intention by an overt act, is guilty of a felony
and is liable to imprisonment for life.
A person charged with any of the felonies defined in this section is not entitled to be
acquitted on the ground that any act proved to have been committed by him
constitutes the offence of treason; but a person who has been tried, and convicted or
acquitted, on a charge of any such offence, cannot be afterwards prosecuted for
treason in respect of the same facts.

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

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

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

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

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

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

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

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

In the case of any of the offences defined in this Chapter, when the manifestation by
an overt act of an intention to effect any purpose is an element of the offence, every
act of conspiring with any person to effect that purpose, and every act done in
furtherance of the purpose by any of the persons conspiring, is deemed to be an overt
act manifesting the intention.
Chapter 6A. Treachery

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

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

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

Chapter 7. Sedition and the importation of seditious or undesirable
publications

(1) In this Chapter, unless the context otherwise requires‐
"import" includes‐
[L.N. 112 of 1964. 1967 No. 27.]
(a) to bring into Nigeria; and
(b) to bring within the inland waters of Nigeria whether or not the publication is
brought ashore, and whether or not there is an intention to bring the same ashore;
"periodical publication" includes every publication issued periodically or in parts or
numbers at intervals whether regular or irregular;
"publication" includes all written or printed matter and everything, whether of a nature
similar to written or printed matter or not, containing any visible representation, or by
its form, shape, or in any manner capable of suggesting words or ideas, and every
copy and reproduction of any publication;
"seditious publication" means a publication having a seditious intention;
"seditious words" means words having a seditious intention.
(2) A "seditious intention" is an intention‐
(a) to bring into hatred or contempt or excite disaffection against the person of the
President or of the Governor of a State or the Government of the Federation; or
(b) to excite the citizens or other inhabitants of Nigeria to attempt to procure the
alteration, otherwise than by lawful means, of any other matter in Nigeria as by law
established; or
(c) to raise discontent or disaffection amongst the citizens or other inhabitants of
Nigeria; or
(d) to promote feelings of ill‐will and hostility between different classes of the
population of Nigeria, but an act, speech or publication is not seditious by reason only
that it intends‐
(i) to show that the President or the Governor of a State has been misled or mistaken
in any measure in the Federation or a State, as the case may be; or
(ii) to point out errors or defects in the Government or Constitution of Nigeria, or of any
State thereof, as by law established or in legislation or in the administration of justice
with a view to the remedying of such errors or defects; or
(iii) to persuade the citizens or other inhabitants of Nigeria to attempt to procure by
lawful means the alteration of any matter in Nigeria as by law established; or
(iv) to point out, with a view to their removal, any matters which are producing or have
a tendency to produce feelings of ill‐will and enmity between different classes of the
population of Nigeria.
(3) In determining whether the intention with which any act was done, any words were
spoken, or any document was published, was or was not seditious, every person shall
be deemed to intend the consequences which would naturally follow from his conduct
at the time and under the circumstances in which he so conducted himself.

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

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

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

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

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

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

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

(1) If the appropriate Minister is of opinion that the importation of any publication or
series of publications would be contrary to the public interest, he may by order prohibit
the importation of such publication or series of publications.
[L.N. 258 of 1959. 1967 No. 27.]
(2) If the appropriate Minister is of opinion that it would be in the public interest to do
so, he may by order prohibit the importation of all publications published by or on
behalf of any organisation or association of persons specified in the order.
(3) An order made under the provisions of subsection (1) of this section shall, unless a
contrary intention is expressed therein, have effect‐
(a) with respect to all subsequent issues of such publication; and
(b) not only with respect to any publication under the name specified in relation
thereto in the order, but also with respect to any publication published under any other
name if the publishing thereof is in any respect in continuation of, or in substitution
for, the publishing of the publication named in the order.
(4) An order under the provisions of subsection (2) of this section shall, unless a
contrary intention is expressed therein, have effect not only with respect to all
publications published by or on behalf of the organisation or association of persons
named therein before the date of the order, but also with respect to all publications so
published on or after such date.
(5) An order made under the provisions of subsection (1) or subsection (2) of this
section shall, unless a contrary intention is expressed therein, apply to any translation
into any language whatsoever of the publication specified in the order.
Offences
(6) Any person who imports, publishes, sells, offers for sale, distributes or reproduces
any publication, the importation of which has been prohibited under subsection (1) or
(2) of this section, or any extract therefrom, is guilty of an offence and liable, on
conviction, for a first offence to imprisonment for two years or to a fine of two hundred
naira or to both such imprisonment and fine and for a subsequent offence to
imprisonment for three years; and such publication or extract therefrom shall be
forfeited to the State.
[L.N. 112 of 1964.]
(7) Any person who without lawful excuse has in his possession any publication, the
importation of which has been prohibited under subsection (1) or (2) of this section, or
any extract therefrom, is guilty of an offence and liable, on conviction, for a first
offence to imprisonment for one year or to a fine of one hundred naira or to both such
imprisonment and fine, and for a subsequent offence to imprisonment for two years;
and such publication or extract therefrom shall be forfeited to the State.
Delivery of prohibited publication to police and administrative officers
(8) (a) Any person to whom any publication, the importation of which has been
prohibited under subsection (1) or (2) of this section, or any extract therefrom, is sent
without his knowledge or privity or in response to a request made before the
prohibition of the importation of such publication came into effect, or who has such a
publication or extract therefrom in his possession at the time when the prohibition of
its importation comes into effect, shall forthwith if, or as soon as, the nature of its
contents has become known to him, or in the case of a publication or extract
therefrom coming into the possession of such person before an order prohibiting its
importation has been made, forthwith upon the coming into effect of an order
prohibiting the importation of such publication, deliver such publication or extract
therefrom to the officer in charge of the nearest police station or to the nearest
administrative officer, and in default thereof shall be guilty of an offence and liable, on
conviction, to imprisonment for one year or to a fine of one hundred naira or to both
such imprisonment and fine; and such publication or extract therefrom shall be
forfeited to the State.
[L.N. 112 of 1964.]
(b) A person who complies with the provisions of paragraph (a) of this subsection or is
convicted of an offence under that subsection shall not be liable to be convicted for
having imported or having in his possession the same publication or extract therefrom.
Power to examine packages
(9) (a) Any of the following officers, that is to say‐
[1966 No. 84. 1967 No. 27.]
(i) any officer of the Nigerian Postal Service not below the rank of Assistant Surveyor;
(ii) any officer of the Nigeria Customs Service not below the rank of Collector;
(iii) any police officer not below the rank of Assistant Superintendent of Police;
(iv) any other official authorised in that behalf by the President,
may detain, open and examine any package or article which he suspects to contain
any publication or extract therefrom which it is an offence under the provisions of
subsection (6) to import, publish, sell, offer for sale, distribute, reproduce or possess,
and during such examination may detain any person importing, distributing, or posting
such package or article or in whose possession such package or article is found.
(b) If any such publication or extract therefrom is found in such package or article, the
whole package or article may be impounded and retained by the officer and the
person importing, distributing, or posting it, or in whose possession it is found, may
forthwith be arrested and proceeded against for the commission of an offence under
subsection (6) or (8), as the case may be.

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

State
Any person who, without such justification or excuse as would be sufficient in the case
of the defamation of a private person, publishes anything intended to be read, or any
sign or visible representation, tending to expose to hatred or contempt in the
estimation of the people of any foreign State any person exercising sovereign
authority over that State, is guilty of a misdemeanour, and is liable to imprisonment
for two years.
Chapter 8. Offences against the executive and legislative power

Any person who advisedly does any unlawful act calculated to interfere with the free
exercise by the President or a Governor of the duties or authority of his office or with
the free exercise by a member of the Federal Executive Council, or a State Executive
Council of his duties as such member, is guilty of a felony, and is liable to
imprisonment for three years.
[L.N. 2 of 1960. L.N. 112 of 1964. 1967 No. 27.]
The offender cannot be arrested without warrant.
A prosecution for an offence under this section shall not be instituted except by or with
the consent of a law officer.
Chapter 9. Unlawful societies

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

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

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

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

and 64
(1) A prosecution for an offence under the two last preceding sections shall not be
instituted except with the consent of the Attorney‐General of the Federation:
[L.N. 148 of 1959.]
Provided that a person charged with such an offence may be arrested or a warrant for
his arrest may be issued and executed, and any such person may be remanded in
custody or on bail, notwithstanding that the consent of the Attorney‐General of the
Federation to the institution of a prosecution for the offence has not been obtained,
but no further or other proceedings shall be taken until that consent has been
obtained.
(2) In any prosecution for an offence under sections 63 and 64 of this Code it shall not
be necessary to prove that the society consisted of ten or more members; but it shall
be sufficient to prove the existence of a combination of persons, and the onus shall
then rest with the accused to prove that the number of members of such combination
did not amount to ten.
(3) Any person who attends a meeting of an unlawful society shall be presumed, until
and unless the contrary is proved, to be a member of the society.
(4) Any person who has in his possession or custody or under his control any of the
insignia, banners, arms, books, papers, documents, or other property belonging to an
unlawful society, or wears any of the insignia or is marked with any mark of the
society, shall be presumed, unless and until the contrary is proved, to be a member of
the society.

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

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

Subject to the provisions of section 67 of this Code, the insignia, banners, arms, books,
papers, documents and other property belonging to an unlawful society shall be
forfeited to the State and shall be dealt with in such manner as the President may
direct.
[L.N. 257 of 1959. L.N. 112 of 1964. 1967 No. 27.]
Chapter 10. Unlawful assemblies: breaches of the peace

When three or more persons, with intent to carry out some common purpose,
assemble in such a manner or, being assembled, conduct themselves in such a
manner as to cause persons in the neighbourhood to fear on reasonable grounds that
the persons so assembled will tumultuously disturb the peace, or will by such
assembly needlessly and without any reasonable occasion provoke other persons
tumultuously to disturb the peace, they are an unlawful assembly.
It is immaterial that the original assembling was lawful if, being assembled; they
conduct themselves with a common purpose in such a manner as aforesaid.
An assembly of three or more persons who assemble for the purpose of protecting any
house against persons threatening to break and enter the house in order to commit a
felony or misdemeanour therein is not an unlawful assembly.
When an unlawful assembly has begun to act in so tumultuous a manner as to disturb
the peace, the assembly is called a riot, and the persons assembled are said to be
riotously assembled.

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

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

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

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

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

Any person who forcibly prevents or obstructs the making of such proclamation as is in

and if the making of the proclamation is so prevented, every person who, knowing that
it has been so prevented, takes or continues to take part in the riot or assembly is
liable to imprisonment for five years.

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

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

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

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

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

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

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

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

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

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

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

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

(1) Any persons who assemble together, to the number of three or more, under any of
the following circumstances‐
(a) bearing or wearing or having amongst them any firearms, bows and arrows, spear,
sword, knife, or other offensive weapon; or
(b) publicly exhibiting any banner, emblem, flag, or symbol, the displaying of which is
calculated to promote animosity between persons of different religious faiths or
different factions; or
(c) being accompanied by any music, beating of drums, or other noise calculated to
promote such animosity,
and, being so assembled, join in any parade or procession for the purpose of
celebrating or commemorating any festival, anniversary, or event relating to or
connected with any religious or other distinction or difference between persons
residing in Nigeria or of demonstrating any such religious or other distinction or
difference, are guilty of an offence and each of them is liable to imprisonment for one
month.
If the offender is himself bearing or wearing firearms, a bow and arrows, spear, sword,
knife or any other offensive weapon he is liable to imprisonment for six months.
(2) When three or more persons are so assembled together it is the duty of a peace
officer to make or cause to be made a command in the name of the President, in such
words as he thinks fit, to the persons assembled to disperse peaceably.
Any persons who, being so assembled, continue together to the number of three or
more, and do not disperse themselves within the space of a quarter of an hour after
the giving of the command, are guilty of an offence and each of them is liable to
imprisonment for three years.
(3) A judicial officer may issue a warrant in the first instance for the arrest of any such
offender, either on the oath of a credible person or on his own view.

(1) Any person who‐
(a) in any manner or form publishes or displays or offers to the public the pictorial
representation of any person living or dead in a manner likely to provoke any section
of the community; or
[1966 No. 44.]
(b) publishes or circulates publications either in the form of newspapers, or leaflets,
periodicals, pamphlets or posters, if such publications are likely to provoke or bring
into disaffection any section of the community; or
(c) sings songs, plays any instrument or recording of sounds, or sells, lends, or lets on
hire any
record of sounds, the words of which are likely to provoke any section of the
community,
is guilty of an offence for which he may be arrested without warrant by any police
officer or member of the armed forces in uniform, and upon conviction is liable to a
fine of one hundred naira or to imprisonment for a term of three months, or to both
such fine and imprisonment; and the court convicting may order confiscation of any
material (including records) used for purposes contemplated by this section and of any
instrument used in connection therewith.
(2) Where any person is subsequently convicted of the like or any other offence under
this section of this Code, the penalty shall be the maximum prescribed for the offence.
(3) It shall be a defence to any person charged under this section of this Code with
selling, lending or letting on hire of any record that after reasonable inquiry was made
by him before the sale, lending or hiring out as the case may be, (the proof of which
inquiry shall lie upon the person charged with the offence), he was unaware of the
possibility that it might be used for purposes mentioned in subsection (1) of this Code,
and thereafter withdrew the record from sale or recalled any record lent or hired out
by him.
(4) This section of this Code shall have effect notwithstanding any other penalty which
may be prescribed for an offence of a similar nature in any criminal code or penal code
in force in Nigeria.
Interpretation
(5) In this section, unless the context otherwise requires‐
"pictorial representation" includes any photograph, and any plate or film, positive or
negative; "recorded" means sounds collected or stored by means of any tape, disc,
cylinder or other means whatsoever where the sounds are capable of being
reproduced or are intended for reproduction by electrical or mechanical means at any
time or from time to time thereafter, and includes the matrix,and cognate expressions
shall have the like meaning; "sounds" includes speech and mere noise.
Part 3. OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE AND
AGAINST PUBLIC AUTHORITY
Chapter 11. Disclosure of official secrets and abstracting document

(1) Any person who, being employed in the public service, publishes or communicates
any fact which comes to his knowledge by virtue of his office, and which it is his duty
to keep secret, or any document which comes to his possession by virtue of his office
and which it is his duty to keep secret, except to some person to whom he is bound to
publish or communicate it, is guilty of a misdemeanour, and is liable to imprisonment
for two years.
Public servant abstracting, etc., documents
(2) Any person who, being employed in the public service, without proper authority
abstracts, or makes a copy of, any document the property of his employer is guilty of a
misdemeanour and is liable to imprisonment for one year.
Restriction on prosecutions
(3) A prosecution for an offence under the provisions of this section of this Code shall
not be commenced except by, or with the consent of, a law officer.
Chapter 12. Corruption and abuse of office

of own actions
(1) Any public official (as defined in section 98D) who‐
(a) corruptly asks for, receives or obtains any property or benefit of any kind for
himself or any other person; or
[1966 No. 84.]
(b) corruptly agrees or attempts to receive or obtain any property or benefit of any
kind for himself or any other person, on account of‐
(i) anything already done or omitted, or any favour or disfavour already shown to any
person, by himself in the discharge of his official duties or in relation to any matter
connected with the functions, affairs or business of a government department, public
body or other organisation or institution in which he is serving as a public official; or
(ii) anything to be afterwards done or omitted, or any favour; or disfavour to be
afterwards shown to any person, by himself in the discharge of his official duties or in
relation to any such matter as aforesaid,
is guilty of the felony of official corruption and is liable to imprisonment for seven
years.
(2) If in any proceedings for an offence under this section of this Code it is proved that
any property or benefit of any kind, or any promise thereof, was received by a public
official, or by some other person at the instance of a public official, from a person‐
(a) holding, or seeking to obtain, a contract, licence or permit from a government
department, public body or other organisation or institution in which that public official
is serving as such; or
(b) concerned, or likely to be concerned, in any proceeding or business transacted,
pending or likely to be transacted before or by that public official or a government
department, public body or other organisation or institution in which that public official
is serving as such,
or by or from any person acting on behalf of or related to such a person, the property,
benefit or promise shall, unless the contrary is proved, be deemed to have been
received corruptly on account of such a past or future act, omission, favour or
disfavour as is mentioned in subsection (1) (i) or (ii) of this section.
(3) In any proceedings for an offence under this section to which subsection (1) (ii) of
this section is relevant it shall not be a defence to show that the accused‐
(a) did not subsequently do, make or show the act, omission, favour or disfavour in
question; or
(b) never intended to do, make or show it.
(4) Without prejudice to subsection (3) of this section, where a police officer or other
public official whose official duties include the prosecution, detention or punishment of
offenders, is charged with an offence under this section of this Code in connection
with‐
(a) the arrest, detention or prosecution of any person for an alleged offence; or
(b) an omission to arrest, detain or prosecute any person for an alleged offence; or
(c) the investigation of an alleged offence,
it shall not be necessary to prove that the accused believed that the offence
mentioned in paragraph (a),
(b) or (c) of subsection (4) of this section, or any other offence, had been committed.

actions of public official
(1) Any person who‐
[1966 No. 84.]
(a) corruptly gives, confers or procures any property or benefit of any kind to, on or for
a public official (as defined in section 98D) or to, on or for any other person; or
(b) corruptly promises or offers to give or confer or to procure or attempt to procure
any property or benefit of any kind to, on or for a public official or to, on or for any
other person,
on account of any such act, omission, favour or disfavour on the part of the public
official as is mentioned in section 98 (1) (i) or (ii) of this Code, is guilty of the felony of
official corruption and is liable to imprisonment for seven years.
(2) If in any proceedings for an offence under this section of this Code it is proved that
any property or benefit of any kind, or any promise thereof, was given to a public
official, or to some other person at the instance of a public official, by a person‐
(a) holding, or seeking to obtain, a contract, licence or permit from a government
department, public body or other organisation or institution in which that public official
is serving as such; or
(b) concerned, or likely to be concerned, in any proceeding or business transacted,
pending or likely to be transacted before or by that public official or a government
department, public body or other organisation or institution in which that public official
is serving as such,
or by or from any person acting on behalf of or related to such a person, the property,
benefit, or promise shall, unless the contrary is proved, be deemed to have been given
corruptly on account of such a past or future act, omission, favour or disfavour as is
mentioned in section 98 (1) (i) or (ii) of this Code.

actions of public official
(1) Any person who‐
[1966 No. 84.]
(a) corruptly asks for, receives or obtains any property or benefit of any kind for
himself or any other person; or
(b) corruptly agrees or attempts to receive or obtain any property or benefit of any
kind for himself or any other person,
on account of‐
(i) anything already done or omitted, or any favour or disfavour already shown to any
person, by a public official (as defined in section 98D of this Code) in the discharge of
his official duties or in relation to any matter connected with the functions, affairs or
business of a government department, public body or other organisation or institution
in which the public official is serving as such; or
(ii) anything to be afterwards done or omitted, or any favour or disfavour to be
afterwards shown to any person, by a public official in the discharge of his official
duties or in relation to any such matter as aforesaid,
is guilty of the felony of official corruption and is liable to imprisonment for seven
years.
(2) In any proceedings for an offence under this section of this Code it shall not be
necessary to
prove‐
(a) that any public official counselled the commission of the offence; or
(b) that in the course of committing the offence the accused mentioned any particular
public official; or
(c) that (in a case to which subsection (1) (ii) of this section is relevant) the accused
believed
that any public official would do, make or show the act, omission, favour or disfavour
in question; or
(d) that the accused intended to give the property or benefit in question, or any part
thereof, to a public official.

offences under sections 98 to 98B
(1) A judicial officer cannot be arrested without warrant for an offence under section
98, 98A or 98B of this Code.
[1966 No. 84.]
(2) No proceedings for an offence under section 98, 98A or 98B of this Code shall be
instituted against a judicial officer except on a complaint or information signed by or
on behalf of the Attorney‐ General of the Federation or by or on behalf of the
Attorney‐General of the State in which the offence is alleged to have been committed.
(3) In this section, "judicial officer" means, in addition to the officers mentioned in the
definition
of that expression contained in section 1 (i) of this Code‐
(a) a member of a customary court;
(b) a member of a juvenile court;
(c) an arbitrator, umpire or referee;
(d) a person called upon to serve as an assessor in any civil or criminal proceedings;
(e) a member of a jury;
(f) a member of a tribunal of inquiry constituted under the Tribunals of Inquiry Act; and
[Cap. T21.]
(g) any person before whom, under any law in force in Nigeria or any part thereof,
there may be held proceedings in which evidence may be taken on oath.
[1966 No. 84.]

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

Any person who, being employed in the public service, takes, or accepts from any
person, for the performance of his duty as such officer, any reward beyond his proper
pay and emoluments, or any promise of such reward, is guilty of a felony and is liable
to imprisonment for three years.

Any person who, being employed in the public service, knowingly acquires or holds,
directly or indirectly, otherwise than as a member of a registered joint stock company
consisting of more than twenty persons, a private interest in any contract or
agreement which is made on account of the public service with respect to any matter
concerning the department of the service in which he is employed, is guilty of a felony
and is liable to imprisonment for three years and to be fined at the discretion of the
court.
The offender cannot be arrested without warrant.

character or with special duties
Any person who, being employed in the public service, and being charged by virtue of
his employment with any judicial or administrative duties respecting property of a
special character, or respecting the carrying on of any manufacture, trade, or business
of a special character, and having acquired or holding, directly or indirectly, a private
interest in any such property, manufacture, trade, or business, discharges any such
duties with respect to the property, manufacture, trade or business in which he has
such interest, or with respect to the conduct of any person in relation thereto, is guilty
of a misdemeanor and is liable to imprisonment for one year.

Any person who, being employed in the public service in such a capacity as to require
him or to enable him to furnish returns or statements touching any sum payable or
claimed to be payable to himself or to any other person, or touching any other matter
required to be certified for the purpose of any payment of money or delivery of goods
to be made to any person, makes a return or statement touching any such matter
which is, to his knowledge, false in any material particular, is guilty of a felony and is
liable to imprisonment for three years.

Any person who, being employed in the public service, does or directs to be done in
abuse of the authority of his office, any arbitrary act prejudicial to the rights of
another, is guilty of a misdemeanour and is liable to imprisonment for two years.
If the act is done or directed to be done for purposes of gain he is guilty of a felony,
and is liable to imprisonment for three years.
The offender cannot be arrested without warrant.
A prosecution for any offence under this or any of the last three preceding sections
shall not be instituted except by or with the consent of a law officer.

Any person who, being authorised or required by law to give any certificate touching
any matter by virtue whereof the rights of any person may be prejudicially affected,
gives a certificate which is, to his knowledge, false in any material particular, is guilty
of a felony and is liable to imprisonment for three years.

Any person who administers an oath or takes a solemn declaration or affirmation or
affidavit touching any matter with respect to which he has not by law any authority to
do so, is guilty of a misdemeanour and is liable to imprisonment for one year. This
section does not apply to an oath, declaration, affirmation, or affidavit, administered or
taken before a peace officer in any matter relating to the preservation of the peace or
the punishment of offences, or relating to inquiries respecting sudden death; nor to an
oath, declaration, affirmation, or affidavit, administered or taken for some purpose
which is lawful under the laws of another country, or for the purpose of giving validity
to an instrument in writing which is intended to be used in another country.

Any person who‐
(a) not being a judicial officer, assumes to act as a judicial officer; or
(b) without authority assumes to act as a person having authority by law to administer
an oath or take a solemn declaration or affirmation or affidavit, or to do any other act
of a public nature which can only be done by persons authorised by law to do so; or
(c) represents himself to be a person authorised by law to sign a document testifying
to the contents of any register or record kept by lawful authority, or testifying to any
fact or event, and signs such document as being so authorised, when he is not, and
knows that he is not, in fact, so authorised,
is guilty of a felony and is liable to imprisonment for three years.
The offender cannot be arrested without warrant.

Any person who‐
(1) personates any person employed in the public service on an occasion when the
latter is required to do any act or attend in any place by virtue of his employment; or
(2) falsely represents himself to be a person employed in the public service, and
assumes to do any act or to attend in any place for the purpose of doing any act by
virtue of such employment,
is guilty of a felony and is liable to imprisonment for three years.

Any person who, not being a person serving in the armed forces of Nigeria nor a
member of the police forces and with intent that he may be taken to be such a person
or member as aforesaid‐
[L.N. 112 of 1964.]
(a) wears any part of the uniform of; or
(b) wears any garb resembling any part of the uniform of, a person serving in the
armed forces of Nigeria, or a member of the police forces, is guilty of a misdemeanour
and is liable to imprisonment for one year.

Any person who‐
[L.N. 112 of 1964. 1967 No. 27.]
(1) not being a person serving in any of the armed forces of Nigeria, wears the uniform
or any part of the uniform of such forces, or any dress having the appearance or
bearing any of the regimental or other distinctive marks of such uniforms; or
(2) not being a person holding any office or authority under the Government of Nigeria
or of any part thereof, wears any uniform or distinctive badge or mark or carries any
token calculated to convey the impression that such person holds any office or
authority under the government,
is guilty of an offence and is liable to imprisonment for one month or to a fine of ten
naira, unless he proves that he had the permission of the President or of the Governor
of a State to wear such uniform or dress, badge or mark or to carry such token:
Provided that this section of this Code shall not apply to the wearing of any uniform or
dress in the course of a stage play or in any bona fide public entertainment.

Any person who sells or gives any uniform, or part of a uniform, or any dress, badge or
mark, as in section 110 of this Code to any person who is not authorised to wear the
same, is guilty of an offence and is liable to the penalties prescribed in the said
section.
Chapter 13. Selling and trafficking in offices

Any person who‐
(1) corruptly asks, receives, or obtains, or agrees or attempts to receive or obtain, any
property or benefit of any kind for himself or any other person on account of anything
already done or omitted to be done, or to be afterwards done or omitted to be done,
by him or any other person, with regard to the appointment or contemplated
appointment of any person to any office or employment in the public service, or with
regard to any application by any person for employment in the public service; or
(2) corruptly gives, confers, or procures, or promises or offers to give or confer, or to
procure or attempt to procure, to, upon, or for, any person any property or benefit of
any kind on account of any such act or omission,
is guilty of a felony and is liable to imprisonment for three years. The offender cannot
be arrested without warrant.
Chapter 14. Offences relating to the administration of justice

In this Chapter, the term "judicial proceeding" includes any proceeding had or taken in
or before any court, tribunal, commission of inquiry, or person, in which evidence
mayor may not be taken on oath.

Any person who, in any judicial proceeding, or for the purpose of instituting any judicial
proceeding, knowingly gives false testimony touching any matter which is material to
any question then pending in that proceedings, or intended to be raised in that
proceeding, is guilty of an offence which is called perjury,
It is immaterial whether the testimony is given on oath or under any other sanction
authorised by law.
The forms and ceremonies used in administering the oath or in otherwise binding the
person giving the testimony to speak the truth are immaterial, if he assent to the
forms and ceremonies actually used.
It is immaterial whether the false testimony is given orally or in writing.
It is immaterial whether the court or tribunal is properly constituted, or is held in the
proper place, or not, if it actually acts as a court or tribunal in the proceeding in which
the testimony is given.
It is immaterial whether the person who gives the testimony is a competent witness or
not, or whether the testimony is admissible in the proceeding or not.
The offender cannot be arrested without warrant.

Any person who commits perjury is liable to imprisonment for fourteen years.
If the offender commits the offence in order to procure the conviction of another
person for an offence punishable with death or with imprisonment for life he is liable to
imprisonment for life.

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

Any person who, with intent to mislead any tribunal in any judicial proceeding‐
(1) fabricates evidence by any means other than perjury or counselling or procuring
the commission of perjury; or
(2) knowingly makes use of such fabricated evidence,
is guilty of a felony and is liable to imprisonment for seven years. The offender cannot
be arrested without warrant.

Any person who‐
(1) gives, confers, or procures, or promises or offers to give or confer, or to procure or
attempt to procure, any property or benefit of any kind to, upon, or for, any person,
upon any agreement or understanding that any person called or to be called as a
witness in any judicial proceeding shall give false testimony or withhold true
testimony; or
(2) attempts by any other means to induce a person called or to be called as a witness
in any judicial proceeding to give false testimony or to withhold true testimony; or
(3) asks, receives or obtains, or agrees or attempts to receive or obtain any property
or benefit of any kind for himself or any other person, upon any agreement or
understanding that any person shall as a witness in any judicial proceeding give false
testimony or withhold true testimony,
is guilty of a felony and is liable to imprisonment for seven years.
The offender cannot be arrested without warrant.

Any person who practises any fraud or deceit, or knowingly makes or exhibits any false
statement, representation, token, or writing, to any person called or to be called as a
witness in any judicial proceeding, with intent to affect the testimony of such person as
a witness, is guilty of a felony and is liable to imprisonment for three years.
The offender cannot be arrested without warrant.

Any person who, knowing that any book, document, or other thing of any kind, is or
may be required in evidence in a judicial proceeding, wilfully removes, conceals or
destroys it or renders it illegible or undecipherable or incapable of identification, with
intent thereby to prevent it from being used in evidence, is guilty of a felony, and is
liable to imprisonment for three years.
The offender cannot be arrested without warrant.

Any person who wilfully prevents or attempts to prevent any person who has been
duly summoned to attend as a witness before any court or tribunal from attending as a
witness or from producing anything in evidence pursuant to the subpoena or
summons, is guilty of a misdemeanour and is liable to imprisonment for one year.

Any person who conspires with another to charge any person or cause any person to
be charged with any offence, whether alleged to have been committed in Nigeria or
elsewhere, knowing that such person is innocent of the alleged offence or not believing
him to be guilty of the alleged offence, is guilty of a felony.
If the offence is such that a person convicted of it is liable to be sentenced to death or
to imprisonment for life, the offender is liable to imprisonment for life.
If the offence is such that a person convicted of it is liable to be sentenced to
imprisonment, but for a term less than life, the offender is liable to imprisonment for
fourteen years.
In any other case the offender is liable to imprisonment for seven years. The offender
cannot be arrested without warrant.

(1) Any individual who gives any information which he knows or believes to be false to
any person employed in the public service with the intention of causing such person‐
(a) to do or omit to do anything which such person ought not to do or ought not to omit
to do if the true facts concerning the information given were known to such person; or
(b) to exercise or use his lawful powers as a person employed in the public service to
the injury or annoyance of any other person,
is guilty of an offence and liable to imprisonment for one year.
(2) A prosecution for an offence under this section of this Code shall not be instituted‐
(a) without the consent of a superior police officer; or
(b) where in any division an administrative officer has been duly appointed to have
charge of the police therein under the provisions of subsection (1) of section 7 of the
Police Act,
[Cap. P19.]
without the consent of that administrative officer.

(1) Any person who conspires with another to obstruct, prevent, pervert, or defeat the
course of justice is guilty of a felony and is liable to imprisonment for seven years.
The offender cannot be arrested without warrant.
(2) Any person who attempts, in any way not specially defined in this Code, to
obstruct, prevent, pervert, or defeat, the course of justice, is guilty of a misdemeanor
and is liable to imprisonment for two years.

Any person who asks, receives, or obtains, or agrees or attempts to receive or obtain
any property or benefit of any kind for himself or any other person upon any
agreement or understanding that he will compound or conceal a felony, or will abstain
from, discontinue, or delay a prosecution for a felony, or will withhold any evidence
thereof, is guilty of an offence.
If the felony is such that a person convicted of it is liable to be sentenced to death or
imprisonment for life, the offender is guilty of a felony, and is liable to imprisonment
for seven years.
In any other case the offender is liable to imprisonment for three years. The offender
cannot be arrested without warrant.

Any person who, having brought, or under pretence of bringing an action against
another person upon a penal Act, law or statute in order to obtain from him a penalty
for any offence committed or alleged to have been committed by him, compounds the
action without the order or consent of the court in which the action is brought or is to
be brought, is guilty of a misdemeanour and is liable to imprisonment for one year.

Any person who‐
(1) publicly offers a reward for the return of any property which has been stolen or
lost, and in the offer makes use of any words purporting that no question will be asked,
or that the person producing such property will not be seized or molested; or
(2) publicly offers to return to any person who may have bought or advanced money
by way of loan upon any stolen or lost property the money so paid or advanced, or any
other sum of money or reward for the return of such property; or
(3) prints or publishes any such offer,
is guilty of a simple offence and is liable to a fine of one hundred naira.

Any person who, having arrested another upon a charge of an offence, wilfully delays
to take him before a court to be dealt with according to law, is guilty of a
misdemeanour and is liable to imprisonment for two years.

Any person who, in the name of a fictitious plaintiff, or in the name of a real person but
without his authority, brings an action against another person upon a penal Act, law or
statute for the recovery of a penalty for any offence committed or alleged to have
been committed by him, is guilty of a misdemeanour and is liable to imprisonment for
two years.

Any person who, without authority, or knowing the advertisement to be false in any
material particular inserts or causes it to be inserted in the Federal Gazette, or a State
Gazette, or in any newspaper an advertisement purporting to be published under the
authority of any court or tribunal, is guilty of a misdemeanour and is liable to
imprisonment for two years.

Any person who‐
(1) within the premises in which any judicial proceeding is being had or taken, or
within the precincts of the same, shows disrespect, in speech, or manner, to or with
reference to such proceeding, or any person before whom such proceeding is being
had or taken; or
(2) having been called upon to give evidence in a judicial proceeding, fails to attend or,
having attended, refuses to be sworn or to make an affirmation, or, having been sworn
or affirmed, refuses without lawful excuse to answer a question, or to produce a
document, or prevaricates, or remains in the room in which such proceeding is being
had or taken, after the witnesses have been ordered to leave such room; or
(3) causes an obstruction or disturbance in the course of a judicial proceeding; or
(4) while a judicial proceeding is pending, makes use of any speech or writing,
misrepresenting such proceeding, or capable of prejudicing any person in favour of or
against any party to such proceeding, or calculated to lower the authority of any
person before whom such proceeding is being had or taken; or
(5) publishes a report of the evidence taken in any judicial proceeding which has been
directed to be held in private; or
(6) attempts wrongfully to interfere with or influence a witness in a judicial proceeding,
either before or after he has given evidence, in connection with such evidence; or
(7) dismisses a servant because he has given evidence on behalf of a certain party to
a judicial proceeding; or
(8) re‐takes possession of land from any person who has recently obtained possession
by a writ of court; or
(9) commits any other act of intentional disrespect to any judicial proceeding, or to any
person before whom such proceeding is being had or taken,
is guilty of a simple offence and liable to imprisonment for three months.
Chapter 15. Escapes; rescues; obstructing officers of court

(1) Any person who by force rescues or attempts to rescue from lawful custody any
other
person‐
(a) is, if the last‐named person is under a sentence of death or penal servitude or
imprisonment for life, or charged with an offence punishable with death, or penal
servitude or imprisonment for life, guilty of a felony and is liable to imprisonment for
life; and
(b) is, in any other case, guilty of a felony and is liable to imprisonment for seven
years.
(2) If the person rescued is in the custody of a private person, the offender must have
notice of the fact that the person rescued is in such custody.

Any person who, being in lawful custody, escapes from such custody‐
(a) is, if he is charged with, or has been convicted of a felony or misdemeanour, guilty
of a felony and is liable to imprisonment for seven years, with or without whipping; and
(b) is, in any other case, guilty of a misdemeanour and is liable to imprisonment for
two years.

Any person who‐
(1) aids a prisoner in escaping or attempting to escape from lawful custody; or
(2) conveys anything or causes anything to be conveyed into a prison with intent to
facilitate the escape of a prisoner,
is guilty of a felony and is liable to imprisonment for seven years.

Any person who, being an officer of a prison, or a member of a police force, wilfully
permits any other person within his lawful custody to escape‐
(a) is, if such last‐named person is charged with an offence punishable by death, or
penal servitude or imprisonment for life, guilty of a felony and is liable to imprisonment
for seven years; and
(b) is, in any other case, guilty of a felony and is liable to imprisonment for three years.

Any person who, being an officer of a prison, or a member of a police force, negligently
permits a person within his lawful custody to escape, is guilty of a misdemeanour and
is liable to imprisonment for two years.

If any prison officer or person in charge of any convicted prisoner knowingly permits or
suffers such prisoner to receive any tobacco, food, money, or other article, or to enter
any house, yard, or premises not being the place appointed for the labour of such
prisoner he is guilty of a misdemeanour and is liable to imprisonment for six months
and to a fine of one hundred naira.

Any person who‐
(a) rescues any person during his conveyance 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, rescues
any person during his confinement as an insane person in any such place; or
(b) being in charge of a person during his conveyance as an insane person to any such
place, wilfully permits him to escape from custody; or
(c) being a superintendent of, or person employed in any such place, wilfully permits a
person confined therein as an insane person to escape therefrom; or
(d) conceals any such person as aforesaid, who has, to his knowledge, been rescued
during such conveyance or confinement, or has, to his knowledge, escaped during
such conveyance, or from such confinement,
is guilty of a felony and is liable to imprisonment for three years. The offender cannot
be arrested without warrant.

Any person who, when any property has been attached or taken under the process or
authority of any court, knowingly, and with intent to hinder or defeat the attachment
or process, receives, removes, retains, conceals, or disposes of such property, is guilty
of a felony and is liable to imprisonment for three years.

Any person who wilfully obstructs or resists any person lawfully charged with the
execution of an order or warrant of any court, is guilty of a misdemeanour and is liable
to imprisonment for one year or to a fine of two hundred naira.
Chapter 16. Offences relating to the currency

In this Chapter, unless the context otherwise requires‐
"counterfeit" applied to coin, means coin not genuine but resembling or apparently
intended to resemble or pass for genuine coin, and includes genuine coin which has
been prepared or altered so as to resemble or be apparently intended to resemble or
pass for a coin of a higher denomination, or where the coin is that of a foreign
sovereign or state, current coin, and also genuine coin which has been clipped or filed,
or the size or weight of which has been otherwise diminished, and which has been
prepared or altered so as to conceal such clipping, filing, or diminution: it includes any
such coin whether it is or is not in a fit state to be uttered, and whether the process of
preparation or alteration is or is not complete;
"current" applied to coins, means any coin of the coins or denominations coined for
and lawfully current in Nigeria, and includes any other coin lawfully current in any
other country;
"gold" and "silver" applied to coin, includes producing the appearance of gold or silver
respectively by any means whatever;
"metal" includes any mixture or alloy of metals;
"nickel coin" includes any coin made of metal of a less value than the silver or alloy of
silver used in the silver coin of the country in question, save that it does not include
any of the coins of mixed metal current in Nigeria by virtue of any Act or the provisions
of the Coins Act;
[Cap. C16.]
"silver coin" (except where it is used in the definition of "nickel coin") includes any of
the coins of mixed metal current in Nigeria by virtue of any Act or the provisions of the
Coins Act; and
"utter" includes using, dealing with, or acting upon, and attempting to use, deal with,
or act upon, and attempting to induce any person to use, deal with, or act upon the
thing in question as if it were genuine.

(1) Any person who makes or begins to make any counterfeit current gold or silver
coin is guilty of a felony and is liable to imprisonment for life.
(2) Where a person has ten or more unfinished counterfeit coins in his possession the
court may presume that he has made them or has been a participant in the act of
making them unless he proves the contrary.

(1) gilds or silvers any piece of metal of a fit size or figure to be coined, with intent that
it shall be coined into counterfeit gold or silver coin; or
(2) makes any piece of metal into a fit size or figure to facilitate the coining from it of
any counterfeit gold or silver coin, with intent that such counterfeit coin shall be made
from it; or
(3) without lawful authority or excuse, the proof of which lies on him‐
(a) buys, sells, receives, pays, or disposes of, any counterfeit gold or silver coin at a
lower rate than it imports or is apparently intended to import, or offers to do any such
thing; or
(b) makes or mends, or begins or prepares to make or mend, or has in his possession,
or disposes of, any stamp or mould which is adapted to make the resemblance of both
or either of the sides of any gold or silver coin, or any part of either side thereof,
knowing the same to be such a stamp or mould or to be so adapted; or
(c) makes or mends, or begins or prepares to make or mend, or has in his possession,
or disposes of, any tool, instrument, or machine, which is adapted and intended to be
used for marking coin round the edges with marks or figures apparently resembling
those on the edges of any gold or silver coin, knowing the same to be so adapted and
intended; or
(d) makes or mends, or begins or prepares to make or mend, or has in his possession,
or disposes of, any press for coinage, or any tool, instrument, or machine, which is
adapted for cutting round blanks out of gold, silver, or other metal, knowing such
press, tool, instrument, or machine to have been used or to be intended to be used for
making any counterfeit gold or silver coin; or
(e) knowingly conveys out of any mint within the Commonwealth any stamp, mould,
tool, instrument, machine, or press, used or employed in coining, or any useful part of
any of such thing, or any coin, bullion, or metal,
is guilty of a felony and is liable to imprisonment for life.

(1) Any person who without authority or excuse, the proof whereof lies on him, either
orally or in writing makes any inquiry of any other person whether such last‐mentioned
person be in Nigeria or at any place not in Nigeria‐
(a) as to obtaining or supplying or as to the cost of obtaining or supplying any
machine, stamp, tool, instrument, metal or material which is adapted or is intended to
be used‐
(i) to make the resemblance of both or either sides of any current coin or any part of
either side thereof; or
(ii) to mark any coin or disc resembling coin or intended to resemble coin round the
edges with marks, figures or letters apparently resembling those on the edges of any
current coin; or
(iii) to cut round blanks out of metal or other substance,
knowing such machine, stamp, tool, instrument, metal or material to have been
adapted or intended to be used for making any counterfeit coin or for performing any
process in the manufacture of counterfeit coin; or
(a) as to making, obtaining or supplying or as to the cost of making, obtaining or
supplying any counterfeit coin,
is guilty of an offence and liable to imprisonment for one year.
(2) In the case of written inquiries in connection with any of the matters or subjects to
which subsection (1) of this section relates, the fact that such inquiries were reduced
into writing shall be sufficient proof of an attempt to commit the offence and the
offender shall be subject to a like penalty as if he had committed the offence.

Any person who deals with any current gold or silver coin in such a manner as to
diminish its weight with intent that when so dealt with it may pass as current gold or
silver coin, is guilty of a felony and is liable to imprisonment for life.

Any person who unlawfully has in his possession or disposes of any filings, or clippings
of gold or silver, or any gold or silver in bullion, dust, solution, or any other state,
obtained by dealing with current gold or silver coin in such a manner as to diminish its
weight, knowing the same to have been so obtained, is guilty of a felony and is liable
to imprisonment for seven years.

Any person who utters any counterfeit current gold or silver coin knowing it to be
counterfeit, is guilty of a misdemeanour and is liable to imprisonment for two years.
A person found committing the offence may be arrested without warrant.

possession of several such coins
(1) Any person who‐
(a) utters any counterfeit gold or silver coin, knowing it to be counterfeit, and at the
time of such uttering has in his possession any other counterfeit gold or silver coin; or
(b) utters any counterfeit gold or silver coin, knowing it to be counterfeit, and either on
the same day or on any of the ten days next ensuing, utters any other counterfeit
current gold or silver coin, knowing it to be counterfeit; or
(c) has in his possession three or more pieces of counterfeit current gold or silver coin,
knowing them to be counterfeit, and with intent to utter any of them,
is guilty of a felony and is liable to imprisonment for ten years.
(2) Where a person has ten or more counterfeit coins in his possession, the court may
presume an intent to utter unless he proves the contrary.

Any person who commits any of the offences defined in sections 151 and 152 of this
Code, after having been previously convicted of any of those offences committed with
respect to current coin, or of any felony committed with respect to current coin, is
guilty of a felony and is liable to imprisonment for life.

Any person who‐
(a) makes, or begins to make, any counterfeit current nickel coin; or
(b) without lawful authority or excuse, the proof of which lies on him, knowingly makes
or mends, or begins, or prepares to make or mend, or has in his possession, or
disposes of, any tool, instrument, or machine, which is adapted and intended for
making any counterfeit current nickel coin; or
(c) buys, sells, receives, pays, or disposes of, any counterfeit current nickel coin at a
lower rate of value than it imports, or was apparently intended to import, or offers to
do any such act,
is guilty of a felony and is liable to imprisonment for seven years.
A person found committing the offence may be arrested without warrant.

(1) Any person who‐
(a) utters any counterfeit current nickel coin, knowing it to be counterfeit; or
(b) has in his possession three or more pieces of counterfeit current nickel coin,
knowing them to be counterfeit, and with intent to utter any of them,
is guilty of a misdemeanour and is liable to imprisonment for one year.
A person found committing the offence may be arrested without warrant.
(2) Where a person has ten or more counterfeit coins in his possession, the court may
presume an intent to utter unless he proves the contrary.

Any person who defaces any current coin by stamping thereon any name or word,
whether the weight of the coin is or is not thereby diminished, is guilty of a
misdemeanour and is liable to imprisonment for one year.
A person found committing the offence may be arrested without warrant.

to defraud
Any person who, with intent to defraud, utters as and for current gold or silver coin‐
(a) any coin which is not current coin; or
(b) any metal or pieces of metal, whether a coin or not, which is of less value than the
current coin as and for which it is uttered,
is guilty of a misdemeanour, and is liable to imprisonment for one year.
A person found committing the offence may be arrested without warrant.

Any person who, without lawful authority or excuse, the proof of which lies on him,
exports or puts on board of a vessel or vehicle of any kind for the purpose of being
exported from Nigeria, any counterfeit current coin whatever, knowing it to be
counterfeit, is guilty of a felony and is liable to imprisonment for fourteen years.
A person found committing the offence may be arrested without warrant.

Any person who without lawful authority or excuse, the proof of which lies on him,
imports or receives into Nigeria any counterfeit coin whatever, knowing it to be
counterfeit, is guilty of a felony and is liable to imprisonment for fourteen years.
A person found committing the offence may be arrested without warrant.

Any person who utters any current coin which is defaced by the stamping of any name
or word thereon, is guilty of an offence and is liable to a fine of four naira.
A prosecution for any such offence cannot be commenced without the consent of a law
officer. A tender of payment in money made in any coin so defaced is not a legal
tender.

bearer on demand, without authority
Any person, other than the Central Bank of Nigeria, who makes or issues within Nigeria
promissory notes payable to bearer on demand or circulates within Nigeria any
promissory note
payable to bearer on demand, is guilty of a misdemeanour and liable on conviction to
a fine equal to double the value of any promissory note unlawfully made, issued or
circulated or to imprisonment for a term of twelve months, or to both such
imprisonment and fine.
[L.N. 112 of 1964.]

Any person who, without the written permission of the Minister of the Federation
charged with responsibility for matters relating to finance, makes or sells, or exposes
or offers for sale, or uses for the purpose of advertising any material or document on
or in which is portrayed a note or coin in any way resembling a currency note, bank
note or coin current in Nigeria, is guilty of a misdemeanour and is liable to
imprisonment for one year or to a fine of two hundred naira.
Chapter 17. Offences relating to posts and telecommunications

Any person who stops a mail with intent to search or rob postal matter is guilty of a
felony and is liable to imprisonment for life.

Any person who unlawfully secretes or destroys any postal matter or telegram or any
part of any such thing, is guilty of a felony and is liable to imprisonment for seven
years, and if any such postal matter so secreted or destroyed shall contain any money
or chattel whatsoever, or any valuable security, such person is liable to imprisonment
for life.

Any person who, being employed by or under the Nigerian Postal Service, does with
respect to any postal matter or telegram any act which he is not authorised to do by
virtue of his employment, or knowingly permits any other person to do any such act
with respect to any such thing, is guilty of a felony and is liable to imprisonment for
three years.
[1966 No. 84.]

Any person who, being charged by virtue of his employment or by virtue of any
contract, with the delivery of any postal matter or telegram, wilfully delivers it to a
person other than the person to whom it is addressed, or his authorised agent in that
behalf, is guilty of a felony and is liable to imprisonment for three years.

Any person who by means of any false pretence induces any person employed by or
under the Nigerian Postal Service or any telegraph official to deliver to him any postal
matter or telegram which is not addressed to him, is guilty of a misdemeanour and is
liable to imprisonment for two years.

Any person who wilfully secretes or detains any postal matter or telegram which is
found by him, or which is wrongly delivered to him, and which, in either case, ought to
his knowledge, to have been delivered to another person, is guilty of a misdemeanor
and is liable to imprisonment for two years.

Any person who, being employed by or under the Nigerian Postal Service, and being
charged by virtue of his employment with any duty in connection with the issue of
money orders or postal orders, unlawfully, and with intent to defraud, issues a money
order or postal order, is guilty of a felony, and is liable to imprisonment for seven
years.
[1966 No. 84.]

Any person who, being employed by or under the Nigerian Postal Service, and being
charged by virtue of his employment with any duty in connection with money orders,
sends to any other person, with intent to defraud, any false or misleading letter,
telegram, or message concerning a money order, or concerning any money payable
under a money order, is guilty of a felony and is liable to imprisonment for three years.

Any person who, being empowered under the provisions of any enactment or
authorised by the Minister charged with responsibility for postal matter to frank postal
matter, superscribes any postal matter‐
[L.N. 112 of 1964.]
(a) which does not relate to the business of his office or department; or
(b) into which there has been inserted any letter or other thing which does not relate
to such business,
with intent to avoid payment of the postage on such postal matter or other letter or
thing inserted as aforesaid into such postal matter, is guilty of an offence, and is liable
to a fine of two hundred naira.

Any person who knowingly sends, or attempts to send by post anything which‐
(a) encloses anything, whether living or inanimate, of such a nature as to be likely to
injure any other thing in the course of conveyance or to injure any person; or
(b) encloses an indecent or obscene print, painting, photograph, lithograph, engraving,
book, card, or article, or which has on it, or in it, or on its cover, any indecent, obscene,
or grossly offensive words, marks, or designs,
is guilty of a misdemeanour and is liable to imprisonment for one year.

Any person who, being required by law or by virtue of his employment to do any act
with respect to the receipt, despatch, or delivery, of any postal matter or telegram‐
[L.N. 112 of 1964.]
(a) neglects or refuses to do such act; or
(b) wilfully detains or delays, or permits the detention or delay of any such thing; or
(c) opens, or procures or suffers to be opened, any postal matter,
is guilty of a misdemeanour and is liable to a fine of two hundred naira or to
imprisonment for one year:
Provided always that nothing herein contained shall extend to the opening or detaining
of any postal matter or telegram returned by reason that the person to whom the
same shall be directed is dead, or cannot be found, or shall have refused the same, or
shall have refused or neglected to pay the postage thereof or any charges payable in
respect thereof, nor to the opening or detaining or delaying of any postal matter or
telegram under the authority of any Act or in obedience to an express warrant in
writing under the hand of the Minister charged with responsibility for postal matter.

Any person who wilfully obstructs or delays the conveyance or delivery of postal
matter, is guilty of a simple offence and is liable to a fine of one hundred naira.

(1) Any person who, being employed by or under the Nigerian Postal Service to
conveyor deliver postal matter whilst so employed‐
(a) allows any postal matter bag or postal matter out of his possession; or
(b) suffers any unauthorised person to interfere with any such postal matter bag or
postal matter; or
(c) is guilty of any neglect whereby any such postal matter bag or postal matter is
endangered; or
(d) loiters on the road; or
(e) wilfully misspends or loses time; or
(f) is under the influence of intoxicating liquor; or
(g) does not convey postal matter at the speed fixed by the Postmaster‐General for the
conveyance thereof, unless prevented by some cause beyond his control, the proof,
whereof lies on the person charged,
is guilty of a simple offence and is liable to a fine of twenty naira.
(2) Any person who, being employed by or under the Nigerian Postal Service,
negligently loses any postal mater or telegram or negligently detains or delays, or
permits the detention or delay of, any postal matter or telegram, is guilty of a simple
offence and is liable to a fine of twenty naira.

Any person who, with intent to defraud‐
(1) removes from any postal matter or telegram any stamp affixed thereon; or
(2) removes from any stamp previously used any mark thereon at a postal or
telegraph office; or
(3) knowingly uses a postage stamp which has been obliterated or defaced by a mark
made thereon at a post or telegraph office; or
(4) knowingly tampers with a postage stamp by smearing or coating the surface with
mucilage or any other substance so that it may be used again at a post or telegraph
office,
is guilty of a misdemeanour and is liable to imprisonment for one year or to a fine of
one hundred naira.
On the trial of a person charged with the offence of knowingly using a postage stamp
which has been obliterated or defaced by a mark made thereon at a post office, proof
that the person charged is the writer of the address of anything sent by post on which
the stamp is affixed is sufficient evidence that he is the person who used the stamp,
until the contrary is shown.

Any person who‐
(1) knowingly and fraudulently puts into a post office anything in or upon which, or in
or upon the cover of which there is any letter, newspaper, or other thing, or any
writing or mark, not allowed by law to be there placed; or
(2) wilfully subscribes on the outside of anything sent by post a false statement of its
contents;
or
(3) knowingly and fraudulently puts into a post office anything which falsely purports
to be a thing falling within any exemption or privilege declared by the laws relating to
postal matter,
is guilty of a simple offence and is liable to a fine of one hundred naira.

Any person who, not being authorised by the Postmaster‐General
[1966 No. 84.]
(1) sends or conveys a letter otherwise than by post; or
(2) takes charge of a letter for conveyance,
is guilty of a simple offence and is liable to a fine of one hundred naira.
This section of this Code does not extend to a letter sent or conveyed to a place in
Nigeria with which postal communication has not been established, nor to a letter
exceeding the weight prescribed by law for letters sent by post, nor to a letter sent by
a private friend without hire or reward, on his way, journey, or travel, so as such letter
be delivered to the party to whom it is directed, nor to a letter to be sent out of Nigeria
by a vessel not being a packet boat, nor to a letter concerning goods sent and to be
delivered with it, without any hire or reward being paid or received in respect thereof,
or containing process of, or proceedings or pleadings in, a court of justice, or briefs or
cases, of instructions for counsel and their opinions thereon, or containing a deed,
affidavit, or power of attorney, nor to a letter sent by a special messenger and
concerning the private affairs of the sender, nor to a letter sent or carried to or from
the nearest post office:
Provided always that nothing in this section of this Code shall authorise any of the
persons hereinafter named to carry a letter, or to receive or collect or deliver a letter,
although they shall not receive hire or reward for the same‐
(a) common carriers, except a letter concerning goods which they are conveying;
(b) officers of the Nigerian Postal Service;
(c) owners, masters, or commanders of vessels being passage or packet boats, sailing
and passing between places in Nigeria with which postal communication has been
established, except in respect of letters concerning goods on board, or letters
belonging to the owners of such vessels;
(d) passengers, members of the crew, or other persons on board any such vessels as is
mentioned in paragraph (c) of this section;
(e) owners of, members of the crew, or others on board a vessel passing or repassing
on a river within Nigeria, except with respect to places in Nigeria with which postal
communication has not been established.

office for sale of stamp, or imitating post office
Any person who‐
[1966 No. 84. L.N. 112 of 1964.]
(1) without lawful authority or excuse, the proof of which lies on him‐
(a) makes any envelope, wrapper, card, form, or paper, in imitation of one issued by or
under the authority of the Postmaster‐General or of the postal authority of any other
country, or having thereon any word, letter, or mark, which signifies or implies, or may
reasonably induce a person receiving it to believe, that a letter, newspaper, packet, or
parcel, bearing such word,
letter, or mark, is sent on State service, or on the public service of another country; or
(b) makes on any envelope, wrapper, card, form, or paper, in order to its being issued
or sent by post or otherwise, any stamp or mark in imitation of a stamp or mark of any
post office under the control of the Postmaster‐General or of the postal authority of
any other country, or any other stamp or mark, or any word or letter, which signifies or
implies, or may reasonably induce a person receiving it to believe, that a letter,
newspaper, packet, or parcel, bearing such stamp, mark, word, or letter, is sent on
State service, or on the public service of another country; or
(c) issues or sends by post or otherwise, any envelope, wrapper, card, form, or paper,
so marked; or
(2) without the authority of the Postmaster‐General, the proof of which lies on the
person charged, places or maintains, or permits to be placed or maintained, or to
remain in, on, or near, any place under his control‐
(i) the words "post office"; or
(ii) the words "letter box", accompanied with words, letters or marks which signify or
imply, or may reasonably lead the public to believe, that it is a receptacle provided by
the authority of the Postmaster‐General for the reception of postal matter; or
(iii) any words, letters or marks which signify or imply, or may reasonably lead the
public to believe, that any place is a post office, or that any such receptacle is
provided by the authority of the Postmaster‐General as aforesaid; or
(3) without the authority of the Postmaster‐General, the proof of which lies on the
person charged, places, or permits to be placed or to remain, on any vehicle or vessel
under his control the words "royal mail", or any word, letter or mark, which signifies or
implies, or may reasonably induce any person to believe, that the vehicle or vessel is
used for the conveyance of mails; or
(4) without the licence of the Minister charged with responsibility for postal matters,
the proof of which lies on the person charged‐
(i) sells, or offers or exposes for sale, any postage stamp; or
(ii) places, permits to be placed or to remain, on or near to his house or premises the
words "licensed to sell stamps", or any word, letter or mark, which signifies or implies,
or may reasonably induce any person to believe, that he is duly licensed to sell
postage stamps,
is guilty of a simple offence and is liable to a fine of ten naira.

Any person who wilfully destroys or damages any receptacle provided by authority of
the Postmaster‐ General for the receipt of postal matter, or any card or notice relating
to the postal or telegraph service set up by authority of the Postmaster‐General, or
obliterates any letter or figure on any such thing, is guilty of a simple offence and is
liable to a fine of one hundred naira.
[1966 No. 84.]

Any person who places in or against any receptacle provided by authority of the
Postmaster‐General for the reception of postal matter or telegrams, any fire or match,
or any explosive, dangerous, noxious or deleterious substance, or any fluid or filth, is
guilty of a simple offence and is liable to a fine of forty naira.
[1966 No. 84.]

Any person who without the licence of the Postmaster‐General affixes, or attempts to
affix, any placard, advertisement, notice, list, document, board, or paint, tar, or other
thing to any post office or telegraph office, is guilty of a simple offence and is liable to
a fine of ten naira.
[1966 No. 84.]

Any person who, by stopping or loitering opposite to or on the premises of a post office
or telegraph office, obstructs the business of the office or any other person lawfully
going to the office, is guilty of a simple offence and is liable to a fine of ten naira.

Any person who‐
[1966 No. 84.]
(1) wilfully obstructs a person employed by or under the Nigerian Postal Service or any
telegraph official in the execution of the duties of his employment; or
(2) being in a post office or telegraph office, or within any premises appertaining to a
post office or telegraph office, or used therewith, wilfully obstructs the business of the
office; or
(3) without the permission of a competent authority enters any part of a telegraph
office to which the public are not admitted,
is guilty of a simple offence and is liable to a fine of four naira.
Any person employed by or under the Nigerian Postal Service or any telegraph official
may require any person committing any of the offences defined in this section of this
Code to leave the post office, or telegraph office, or premises.
Any person who refuses or fails to comply with such request is guilty of a simple
offence and is liable to a further fine of ten naira, and may be removed by any person
authorised to make the request; and all members of the police force are required, on
demand, to remove or assist in removing such person.

Department
Any person who‐
(a) not being authorised by or under any Act so to do, establishes or maintains any
telegraph; or
(b) knowing or having reason to believe that a telegraph has been established or is
maintained without such authority as aforesaid, transmits or receives any message by
such telegraph or performs any service incidental thereto, or delivery of any message
for transmission by such telegraph or accepts delivery of any message sent thereby,
is guilty of a simple offence and is liable on a first conviction to a fine of twenty naira,
and on every subsequent conviction to a fine of one hundred naira.

Any person who negligently destroys or damages any telegraph works, is guilty of a
simple offence and is liable to a fine of four naira.

Any telegraph official who, contrary to his duty, publishes or communicates the
contents or substance of a telegram, or any information relating to the despatch or
receipt of any telegram, except to some person to whom he is authorised to deliver
the telegram, is guilty of a felony and is liable to imprisonment for three years.

Any person who resists a person employed by or under the Nigerian Postal Service
while engaged in the execution of his duty under the laws relating to posts and
telegraphs, is guilty of a simple offence and is liable to imprisonment for three months,
or to a fine of forty naira.
[1966 No. 84.]

(1) In case of any offence under this Code in respect of any postal matter bag or postal
matter, or of any chattel, money, or valuable security sent by post, it shall be sufficient
in any proceedings to lay the ownership in the Postmaster‐General.
[1966 No. 84.]
(2) In case of any offence under this Code in respect of any telegram, telegraph line or
telegraph works, established under the provisions of the Wireless Telegraphs Act, or
the Telegraphs Proclamation, or in respect of any form, paper, book, or other thing
used for the purpose of carrying out the provisions of such Act or proclamation, it shall
be sufficient in any proceedings to lay the ownership in the Postmaster‐General.
[Cap. W5.]
(3) In any such proceedings as aforesaid, it shall not be necessary to prove ownership,
or to allege or prove any value.
Chapter 18. Miscellaneous offences against public authority

Any person who subscribes a certificate or declaration as to the execution of a
sentence of death, which, in any material particular, is to his knowledge false, is guilty
of a felony and is liable to imprisonment for fourteen years.

Any person who for the purpose of procuring a passport, whether for himself or any
other individual, makes or causes to be made in any written application to a public
officer a statement which to the knowledge of such person is false in any material
particular, is guilty of an offence and is liable to imprisonment for one year.

solemn declaration
Any person who, on any occasion on which a person making a statement touching any
matter is required by law to make it on oath, or under some sanction which may by
law be substituted for an oath, or is required to verify it by solemn declaration or
affirmation, makes a statement touching such matter which, in any material particular,
is to his knowledge false, and verifies it on oath, or under such other sanction or by
solemn declaration or affirmation, is guilty of a felony and is liable to imprisonment for
seven years.
The offender cannot be arrested without warrant.

Any person who, on any occasion on which he is permitted or required by law to make
a statement or declaration before any person authorised by law to permit it to be
made before him, makes a statement or declaration before that person which, in any
material particular, is to his knowledge false, is guilty of a felony and is liable to
imprisonment for three years.
The offender cannot be arrested without warrant.

A person cannot be convicted of any of the offences defined in sections 191 and 192 of
this Code upon the uncorroborated testimony of one witness.

Any person who‐
(1) shoots at a vessel of any kind which is in use by a customs officer while engaged in
the execution of his duty as such officer; or
(2) shoots at, wounds, or causes any grievous harm to a customs officer while engaged
in the execution of his duty in the prevention of smuggling, or any person acting in aid
of a customs officer while so engaged,
is guilty of a felony and is liable to imprisonment for life.

Any person who with violence assaults, obstructs, or resists a customs officer, or any
person duly employed for the prevention of smuggling, while engaged in the execution
of his duty in the prevention of smuggling, or any person acting in aid of any such
officer or person while so engaged, is guilty of a felony and is liable to imprisonment
for three years.

Any person who‐
(1) assaults or obstructs a customs officer, or any person duly employed for the
prevention of smuggling , while engaged in the execution of his duty under any law
relating to the customs, or in the seizure of any goods claimed to be liable to forfeiture
under any such law, or any person acting in aid of any such officer or person while so
engaged; or
(2) rescues or attempts to rescue any goods which have been seized under any such
law; or
(3) before, at, or after, the seizure of any goods under any such law, staves, breaks or
destroys the goods, with intent to prevent the seizure or the securing of the goods, or
attempts to do any such act,
is guilty of a simple offence and is liable to a fine of two hundred naira.

Any person who in any manner obstructs or resists any public officer while engaged in
the
discharge or attempted discharge of the duties of his office under any order, Act, law,
or Statute, or obstructs or resists any person while engaged in the discharge or
attempted discharge of any duty imposed on him by an order, Act, law, or statute, is
guilty of a misdemeanour and is liable to imprisonment for two years.

Any person who, being a person employed in the public service and being required by
any order, Act, law, or statute, to do any act by virtue of his employment, perversely
and without lawful excuse omits or refuses to do any such act, is guilty of a
misdemeanour and is liable to imprisonment for two years. A prosecution for any
offence under this section of this Code shall not be instituted except by or with the
consent of a law officer.
[L.N. 112 of 1964.]

Any person who, being a peace officer and having notice that there is a riot in his
neighbourhood, without reasonable excuse omits to do his duty in suppressing such
riot, is guilty of a misdemeanour and is liable to imprisonment for two years.

Any person who, having reasonable notice that he is required to assist any peace
officer in suppressing a riot, without reasonable excuse omits to do so, is guilty of a
misdemeanour and is liable to imprisonment for one year.

Any person who, having reasonable notice that he is required to assist any peace
officer or member of the police force in arresting any person, or in preserving the
peace, without reasonable excuse omits to do so, is guilty of a misdemeanour and is
liable to imprisonment for one year.

Any person who, without lawful excuse, the proof of which lies on him, does any act
which he is by the provisions of any order, Act, law, or statute, forbidden to do, or
omits to do any act which he is by the provisions of any such order, Act, law or statute,
required to do, is guilty of a misdemeanour, unless some mode of proceeding against
him for such disobedience is expressly provided by order, Act, law, or statute, and is
intended to be exclusive of all other punishment.
[L.N. 112 of 1964.]
The offender is liable to imprisonment for one year.
In this section, the terms "Act" and "law" do not include an order, regulation or
proclamation made under the authority of an Act or a law.

Any person who, without lawful excuse, the proof of which lies on him, disobeys any
lawful order issued by any person authorised by any order, Act, law, or statute, to
make the order, is guilty of a misdemeanor, unless some mode of proceeding against
him for such disobedience is expressly provided by order, Act, law, or statute, and is
intended to be exclusive of all other punishment.
[L.N. 112 of 1964.]
The offender is liable to imprisonment for one year.
Part 4. ACTS INJURIOUS TO THE PUBLIC IN GENERAL
Chapter 19. Offences relating to religious worship

Any person who does an act which any class of persons consider as a public insult on
their religion, with the intention that they should consider the act such an insult, and
any person who does an unlawful act with the knowledge that any class of persons will
consider it such an insult, is guilty of a misdemeanour and is liable to imprisonment for
two years.

Any person who‐
(1) by threats or force prevents or attempts to prevent any minister of religion from
lawfully officiating in any place of religious worship, or from performing his duty in the
lawful burial of the dead in any cemetery or other burial place; or
(2) by threats or force obstructs or attempts to obstruct, any minister of religion while
so officiating or performing his duty; or
(3) assaults, or, upon or under the pretence of executing any civil process, arrests any
minister of religion who is engaged in, or is, to the knowledge of the offender, about to
engage in, any of the offices or duties aforesaid, or who is, to the knowledge of the
offender, going to perform the same or returning from the performance thereof,
is guilty of a misdemeanour and is liable to imprisonment for two years.

Any person who wilfully and without lawful justification or excuse, the proof of which
lies on him, 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, is guilty of a simple offence and is liable to
imprisonment for two months or to a fine of ten naira.
Chapter 20. Ordeal, witchcraft, juju and criminal charms

(1) The trial by the ordeal of sasswood, esere‐bean, or the poison, boiling oil, fire,
immersion in water or exposure to the attacks of crocodiles or other wild animals, or
by any ordeal which is likely to result in the death of or bodily injury to any party to the
proceeding, is unlawful.
(2) The President or, as the case may be, the Governor of a State may by order
prohibit the worship or invocation of any juju which may appear to him to involve or
tend towards the commission of any crime or breach of peace, or to the spread of any
infectious or contagious disease.

Any person who directs or controls or presides at any trial by ordeal which is unlawful,
is guilty of a felony and is liable, when the trial which such person directs, controls or
presides at results in the death of any party to the proceeding, to the punishment of
death and m every other case, to imprisonment for ten years.

Any person who‐
(a) is present at or takes part in any trial by ordeal which is unlawful; or
(b) makes, sells or assists or takes part in making or selling, or has in his possession
for sale or use any poison or thing which is intended to be used for the purpose of any
trial by ordeal which is unlawful,
is guilty of a misdemeanour and is liable to imprisonment for one year.

Any person who‐
(a) by his statements or actions represents himself to be a witch or to have the power
of witchcraft; or
(b) accuses or threatens to accuse any person with being a witch or with having the
power of witchcraft; or
(c) makes or sells or uses, or assists or takes part in making or selling or using or has
in his possession or represents himself to be in possession of any juju, drug or charm
which is intended to be used or reported to possess the power to prevent or delay any
person from doing an act which such person has a legal right to do, or to compel any
person to do an act which such person has a legal right to refrain from doing, or which
is alleged or reported to possess the power of causing any natural phenomenon or any
disease or epidemic; or
(d) directs or controls or presides at or is present at or takes part in the worship or
invocation of any juju which is prohibited by an order of the President or the Governor
of a State; 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; or
(f) makes or uses or assists in making or using, or has in his possession anything
whatsoever the making, use or possession of which has been prohibited by an order as
being or believed to be associated with human sacrifice or other unlawful practice,
is guilty of misdemeanour and is liable to imprisonment for two years.

Any chief who directly or indirectly permits, promotes, encourages or facilitates any
trial by ordeal which is unlawful, or the worship or invocation of any juju which has
been prohibited by an order, or who knowing of such trial, worship or invocation, or
intended trial, worship or invocation, does not forthwith report the same to an
administrative officer, is guilty of a felony and is liable to imprisonment for three years.
[L.N. 257 of 1959.]
The offender cannot be arrested without warrant.

worship is held
Any house, grove or place in which it has been customary to hold any trial by ordeal
which is unlawful, or the worship or invocation of any juju which is prohibited by an
order, may, together with all articles found therein, be destroyed or erased upon the
order of any court by such persons as the court may direct.
[L.N. 257 of 1959.]

Any person who‐
(a) makes, sells or keeps for sale or for hire or reward, any fetish or charm which is
pretended or reputed to possess power to protect burglars, robbers, thieves or other
malefactors, or to aid or 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 having in his possession without lawful and reasonable excuse (the proof
of which excuse shall lie on such person) any such fetish or charm as aforesaid,
is guilty of a felony and is liable to imprisonment for five years.
Chapter 21. Offences against morality

Any person who‐
(1) has carnal knowledge of any person against the order of nature; or
(2) has carnal knowledge of an animal; or
(3) permits a male person to have carnal knowledge of him or her against the order of
nature, is guilty of a felony and is liable to imprisonment for fourteen years.

Any person who attempts to commit any of the offences defined in section 214 of this
Code, is guilty of a felony and is liable to imprisonment for seven years.
The offender cannot be arrested without warrant.

Any person who unlawfully and indecently deals with a boy under the age of fourteen
years, is guilty of a felony and is liable to imprisonment for seven years.
The term "deal with" includes doing any act which, if done without consent, would
constitute an assault as hereinafter defined.

Any male person who, whether in public or private, commits any act of gross
indecency with another male person, or procures another male person to commit any
act of gross indecency with him, or attempts to procure the commission of any such
act by any male person with himself or with another male person, whether in public or
private, is guilty of a felony and is liable to imprisonment for three years.
The offender cannot be arrested without warrant.

Any person who has unlawful carnal knowledge of a girl under the age of thirteen
years is guilty of a felony and is liable to imprisonment for life, with or without caning.
[30 of 1960.]
Any person who attempts to have unlawful carnal knowledge of a girl under the age of
thirteen years is guilty of a felony and is liable to imprisonment for fourteen years, with
or without caning.
A prosecution for either of the offences defined in this section of this Code shall be
begun within two months after the offence is committed.
A person cannot be convicted of either of the offences defined in this section of this
Code upon the uncorroborated testimony of one witness.

premises
Any person who, being the owner or occupier of any premises, or having, or acting, or
assisting in the management or control of any premises, induces or knowingly permits
any girl of such age as is in this section of this Code mentioned to resort to or be in or
upon such premises for the purpose of being unlawfully carnally known by any man,
whether a particular man or not, is guilty of an offence.
If the girl is of or above thirteen and under sixteen years of age, he is guilty of a
misdemeanour and is liable to imprisonment for two years, with or without caning.
If the girl is under the age of thirteen years, he is guilty of felony, and is liable to
imprisonment for life, without caning.

*It is a defence to a charge of any of the offences defined in section 219 of this Code to
prove that the accused person believed, on reasonable grounds, that the girl was of or
above the age of sixteen years.

idiots
Any person who‐
(1) has or attempts to have unlawful carnal knowledge of a girl being of or above
thirteen years and under sixteen years of age; or
[1960 No. 30.]
(2) knowing a woman or girl to be an idiot or imbecile, has or attempts to have
unlawful carnal knowledge of her,
is guilty of a misdemeanour and is liable to imprisonment for two years, with or
without caning.
*It is a defence to a charge of either of the offences firstly defined in this section of this
Code to prove that the accused person believed, on reasonable grounds, that the girl
was of or above the age of sixteen years.
A prosecution for any of the offences defined in this section of this Code shall be begun
within two months after the offence is committed.
A person cannot be convicted of any of the offences defined in this section of this Code
upon the uncorroborated testimony of one witness.

Any person who unlawfully and indecently deals with a girl under the age of sixteen
years is guilty of a misdemeanour, and is liable to imprisonment for two years, with or
without caning.
[20 of 1960.]
If the girl is under the age of thirteen years, he is guilty of a felony and is liable to
imprisonment for three years, with or without caning.
*It is a defence to a charge of the offence defined in this section to prove that the
accused person believed, on reasonable grounds, that the girl was of or above the age
of sixteen years.
The term "deal with" includes doing any act which, if done without consent, would
constitute an assault as hereinafter defined.

under sixteen
(1) Whoever, having the custody, charge or care of a girl under the age of sixteen
years, causes or encourages the seduction, unlawful carnal knowledge or prostitution
of, or the commission of an indecent assault upon, such a girl, shall be liable to
imprisonment for two years.
(2) For the purposes of this section, a person shall be deemed to have caused or
encouraged the seduction, unlawful carnal knowledge or prostitution of, or the
commission of an indecent assault upon, a girl who has been seduced, unlawfully
carnally known, or indecently assaulted, or who has become a prostitute, if he has
knowingly allowed her to consort with, or to enter or continue in the employment of,
any prostitute or person of known immoral character.

(1) Whoever, having the custody, charge or care of a child or young person who has
attained the age of four years and is under the age of sixteen years, allows that child
or young person to reside in or frequent a brothel, is liable to a fine of one hundred
naira or to imprisonment for six months or to both such fine and imprisonment.
(2) If, upon the trial of a person charged with an offence against section 219 of this
Code, the facts proved in evidence authorise a conviction for an offence against this
section of this Code, the person charged may be convicted of the offence against this
section of this Code although he was not charged with that offence.

Notwithstanding anything contained in sections 220, 221 and 222, it shall only be a
defence to a charge of any of the offences defined in sections 219, 221 (1) and 222 of
this Code to prove that the accused person believed, on reasonable grounds, that the
girl was of or above the age of sixteen years if the accused person was under the age
of 21 years at the time when the offence is alleged to have been committed and has
not previously been charged with any of such offences.

Any person who
(1) procures a girl or woman who is under the age of eighteen years to have unlawful
carnal connection with any other person or persons either in Nigeria or elsewhere; or
(2) procures a woman or girl to become a common prostitute either in Nigeria or
elsewhere; or
(3) procures a woman or girl to leave Nigeria with intent that she may become an
inmate of a brothel elsewhere; or
(4) procures a woman or girl to leave her usual place of abode in Nigeria, with intent
that she may, for the purposes of prostitution, become an inmate of a brothel either in
Nigeria or elsewhere,
is guilty of a misdemeanour and is liable to imprisonment for two years.
A person cannot be convicted of any of the offences defined in this section of this Code
upon the uncorroborated testimony of one witness.
The offender may be arrested without warrant.

administering drugs
Any person who‐
(1) by threats or intimidation of any kind procures a woman or girl, to have unlawful
carnal connection with a man either in Nigeria or elsewhere; or
(2) by any false pretence procures a woman or girl to have unlawful carnal connection
with a man either in Nigeria or elsewhere; or
(3) administers to a woman or girl, or causes a woman or girl, to take, any drug or
other thing with intent to stupefy or overpower her in order to enable any man,
whether a particular man or not, to have unlawful carnal knowledge of her,
is guilty of a misdemeanour and is liable to imprisonment for two years.
A person cannot be convicted of any of the offences defined m this section upon the
uncorroborated testimony of one witness.

knowledge
Any person who, with intent that an unmarried girl under the age of eighteen years
may be unlawfully carnally known by any man, whether a particular man or not, takes
her or causes her to be taken out of the custody or protection of her father or mother,
or other person having the lawful care or charge of her, and against the will of such
father or mother or other person, is guilty of a misdemeanour and is liable to
imprisonment for two years.
It is a defence to a charge of any of the offences defined in this section of this Code to
prove that the accused person believed, on reasonable grounds, that the girl was of or
above the age of eighteen years.

(1) Every male person who‐
[30 of 1960.]
(a) knowingly lives wholly or in part on the earnings of prostitution; or
(b) in any public place persistently solicits or importunes for immoral purposes,
is liable to imprisonment for two years, and in the case of a second or subsequent
conviction, shall, in addition to any term of imprisonment awarded, be liable to caning.
(2) Any magistrate who is satisfied, by evidence upon oath, that there is reason to
suspect that any premises or any part of any premises are or is used by a female for
purposes of prostitution, and that any male person residing in or frequenting the
premises is living wholly or in part of the earnings of the prostitute, may issue a
warrant under his hand authorising any constable to enter and search the premises
and to arrest that male person.
(3) Where a male person is proved to live with or to be habitually in the company of a
prostitute or is proved to have exercised control, direction, or influence over the
movements of a prostitute in such a manner as to show that he is aiding, abetting, or
compelling her prostitution with any other person or generally, he shall, unless he can
satisfy the court to the contrary, be deemed to be knowingly living on the earnings of
prostitution.
(4) Every female who is proved to have, for the purposes of gain, exercised control,
direction or influence over the movements of a prostitute in such a manner as to show
that she is aiding, abetting or compelling her prostitution with any person or generally,
is liable to imprisonment for two years.

Whoever‐
(a) keeps or manages or assists in the management of a brothel; or
(b) being the tenant, lessee, or occupier or person in charge of any premises,
knowingly permits such premises or any part thereof 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 thereof with the knowledge that such premises or some part
thereof are or is to be used as a brothel, or is wilfully a party to the continued use of
such premises or any part thereof as a brothel, is liable‐
(i) to a fine of one hundred naira or to imprisonment for six months; and
(ii) on a second or subsequent conviction, to a fine of three hundred naira or to
imprisonment for one year,
or in either case, to both such fine and imprisonment.

Any person who‐
(1) detains a woman or girl against her will in or upon any premises in order to her
being unlawfully carnally known by any man, whether a particular man or not; or
(2) detains a woman or girl against her will in a brothel,
is guilty of a misdemeanour and is liable to imprisonment for two years.
When a woman or girl is in or upon any premises in order to her being unlawfully
carnally known by any man, whether a particular man or not, or is in a brothel, a
person is deemed to detain such woman or girl in or upon such premises in order to
her being so unlawfully carnally known or to detain her in such brothel if, with intent to
compel or induce her to remain in or upon the premises or in the brothel, he withholds
from her any wearing apparel or other property belonging to her, or if, after wearing
apparel has been lent or otherwise supplied to the woman or girl by or by the direction
of such person or any other person, he threatens the woman or girl with legal
proceedings if she takes away with her the wearing apparel so lent or supplied.
It is lawful for a woman or girl to take any such wearing apparel as may be necessary
to enable her to leave a brothel or any premises in or upon which she is in order to her
being unlawfully carnally known by any man.

Any person who conspires with another to induce any woman or girl, by means of any
false pretence or other fraudulent means, to permit any man to have unlawful carnal
knowledge of her, is guilty of a felony, and is liable to imprisonment for three years.
The offender cannot be arrested without warrant.

Any person who, with intent to procure miscarriage of a woman, whether she is or is
not with child, unlawfully administers to her or causes her to take any poison or other
noxious thing, or uses any force of any kind, or uses any other means whatever, is
guilty of a felony and is liable to imprisonment for fourteen years.

Any woman who, with intent to procure her own miscarriage, whether she is or is not
with child, unlawfully administers to herself any poison or other noxious thing, or uses
any force of any kind, or uses any other means whatever, or permits any such thing or
means to be administered or used to her is guilty of a felony and is liable to
imprisonment for seven years.

Any person who unlawfully supplies to or procures for any person any thing whatever,
knowing that it is intended to be unlawfully used to procure the miscarriage of a
woman, whether she is or is not with child is guilty of a felony and is liable to
imprisonment for three years.
The offender cannot be arrested without warrant.

Any person who‐
(1) wilfully and without lawful excuse does any indecent act in any public place; or
(2) wilfully does any indecent act in any place with intent to insult or offend any
person, is guilty of a misdemeanour and is liable to imprisonment for two years.

Except as otherwise expressly stated, it is immaterial, in the case of any of the
offences defined in this Chapter committed with respect to a woman or girl under a
specified age, that the accused person did not know that the woman or girl was under
that age or believed that she was not under that age.

(1) Any person not being a citizen of Nigeria shall, upon conviction of an offence
against section 219, 222A, 222B, 223, 225A, or 225B of this Code, be liable to be
deported by order of the Minister, and the provisions of the Immigration Act shall
apply, mutatis mutandis, in the case of a deportation under this section.
[L.N. 139 of 1965.1967 No. 27.1963 No.6. Cap. 11.]
(2) Where any person being a citizen of Nigeria is deported from any British possession
to Nigeria under the provisions of any law of such possession and for offences similar
to the offences contained in section 219, 222A, 222B, 223, 225A, or 225B of this Code,
such person may, on arrival in Nigeria, be kept temporarily in custody and returned
under police escort to the place in Nigeria to which such person belongs.
Chapter 21A. Obscene publications

In this Chapter‐
[1961 No. 51.]
"article" means anything capable of being or likely to be looked at and read or looked
at or read, and includes any film or record of a picture or pictures, and any sound
records;
"distribute" includes circulates, lends, sells, lets on hire or offers for sale or on hire;
"projects", in relation to an article to be looked at or heard, includes shows or plays.

(1) An article shall be deemed to be obscene for the purposes of this Chapter if its
effect taken as a whole is such as to tend to deprave and corrupt persons who are
likely, having regard to all relevant circumstances, to read, see or hear the matter
contained or embodied in it.
[1961 No. 51.]
(2) The provisions of this section of this Code shall extend to any article of two or more
distinct items the effect of anyone of which is such as to tend to deprave and corrupt;
but nothing in this section shall apply to exhibitions in private houses to which the
public are not admitted or to anything done in the course of television or sound
broadcasting.

(1) Subject to the provisions of this Chapter, any person who, whether for gain or not,
distributes or projects any article deemed to be obscene for the purposes of this
Chapter, commits an offence punishable on conviction by a fine not exceeding four
hundred naira or by imprisonment for a term not exceeding three years or by both.
[1961 No. 51.]
(2) A person shall not be convicted of an offence against this section of this Code if he
proves that he had not examined the article in respect of which he is charged and had
no reasonable cause to suspect that it was such that his publication of it would make
him liable to be convicted of an offence against this section of this Code.
(3) In any proceedings against a person under this section of this Code, the question
whether an article is obscene shall be determined without regard to any publication by
another person unless it could reasonably have been expected that the publication by
the other person would follow from publication by the person charged.
(4) No prosecution for an offence against this section of this Code shall be commenced
more than two years after the commission of the offence.

(1) Subject to the provisions of this Chapter, if a magistrate is satisfied by information
on oath that there is reasonable ground for suspecting that articles deemed to be
obscene for the purposes of this Chapter are, or are from time to time, kept for
publication for gain in any premises or on any stall or vehicle in the State, the
magistrate may issue a warrant under his hand empowering any constable to enter (if
need be by force) and search the premises, or to search the stall or vehicle, within
fourteen days from the date of the warrant, and to seize and remove any articles
found therein or thereon which the constable has reason to believe to be obscene
articles for the purposes of this Chapter and to be kept for publication for gain.
[1961 No. 51.]
(2) A warrant under subsection (1) of this section shall, if any obscene articles are
seized under the warrant, also empower the seizure and removal of any documents
found in the premises or, as the case may be, on the stall or vehicle which relate to a
trade or business carried on at the premises or from the stall or vehicle.
(3) Articles seized under subsection (1) of this section may, be brought before the
magistrate who issued the warrant or before any other magistrate and the magistrate
before whom the articles are brought may thereupon issue a summons to the occupier
of the premises, or as the case may be, the user of the stall or vehicle, to appear on a
day specified in the summons before a magistrate's court, to show cause why the
articles or any of them should not be forfeited. If the court is satisfied, as respects any
of the articles, that at the time when they were seized they were obscene articles kept
for publication for gain, the court shall order those articles to be forfeited; but no order
shall be made under this subsection in default of appearance by the person summoned
unless service of the summons is proved.
(4) In addition to the person summoned, any other person being the owner, author or
maker of any of the articles brought before the court, or any other person through
whose hand they had passed before being seized, shall be entitled to appear before
the court on the day specified in the summons to show cause why they should not be
forfeited.
(5) Where an order is made under this section of this Code for the forfeiture of any
articles, any person who appeared, or was entitled to appear, to show cause against
the making of the order, may appeal to the High Court; and no such order shall take
effect until the expiration of fourteen days after the day on which the order is made,
or, if before the expiration thereof notice of appeal is duly given, until the final
determination or abandonment of the proceedings on the appeal.
(6) If, as respects any articles brought before it, the court does not order forfeiture, the
court may if it thinks fit, order the person on whose information the warrant for the
seizure of the articles was issued to pay such costs as the court thinks reasonable to
any person who has appeared before the court to show cause why those articles
should not be forfeited; and costs ordered to be paid under this subsection shall be
enforceable as a civil debt.
(7) For the purposes of this section of this Code, the question whether an article is
obscene shall be determined on the assumption that copies of it would be published in
any manner likely having regard to the circumstances in which it was found, but in no
other manner.
(8) Nothing in this section shall be construed to preclude the making of any order for
the purposes of section 263 of the Criminal Procedure Act (which relates to disposal of
property produced before a court).
[Cap. C41.]

(1) No person shall be convicted of an offence against this Chapter, and no order for
forfeiture shall be made if it is proved that the publication of the article in question is
justified as being for the public good on the ground that it is in the interests of science,
literature, art or learning, or of other objects of general concern.
[1961 No. 51.]
(2) It is hereby declared that the opinion of experts as to the literary, artistic, scientific
or other merits of an article may be admitted in any proceedings under this Chapter
either to establish or to negative the said ground.
Chapter 22. Nuisances: gaming houses; lotteries; misconduct relating to
corpses

Any person who‐
(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; or
(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; or
(c) does not repair a highway which he is bound to repair; or
(d) does not repair a bridge which he is bound to repair; or
(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 or damage to the public in the exercise
of rights common to the public,
is guilty of a misdemeanor and is liable to imprisonment for two years.
It is immaterial whether the act complained of 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.
The owner of a vessel wrecked in a navigable river is not guilty of a common nuisance
because he does not remove it.

(1) A person being the owner or occupier, or having the use of, any house, room or
place, who shall open, keep or use the same for the purpose of unlawful gaming being
carried on therein, and any person who, being the owner or occupier of any house,
room or place, shall knowingly and wilfully permit the same to be opened, kept or used
by any other person for the purpose aforesaid, and any person having the care or
management of or in any manner assisting in conducting the business of any house,
room or place opened, kept or used for the purpose aforesaid, is said to keep a
common gaming house.
Unlawful gaming
(2) In this section, "unlawful gaming" includes roulette, every game of dice except
backgammon, every game of card which is not a game of skill, the game known as
chacha and other games of cowries, and any game the chances of which are not alike
favourable to all the players, including the banker or other person or persons by whom
the game is managed or against whom the other players stake, play or bet.
(3) Any person who keeps a common gaming house is guilty of a misdemeanor and is
liable to a fine of one thousand naira or to imprisonment for two years or to both such
fine and imprisonment.
(4) Any person other than the persons mentioned in subsection (1) of this section who
is found in a common gaming house shall be deemed, unless the contrary is proved, to
be there for the purpose of unlawful gaming and is guilty of an offence and liable to a
fine of ten naira for the first offence and for each subsequent offence to a fine of forty
naira or imprisonment for three months or to both such fine and imprisonment.

(1) A superior police officer or an administrative officer in charge of police, if he has
reasonable grounds for believing that any house, room or place is kept as a common
gaming house, may by order in writing authorise any police officer to enter and search
such house, room or place at any time and if necessary, to use force for the purpose of
effecting such entry, whether by breaking open doors or otherwise, and to arrest all
persons who shall be found therein, and to seize all instruments of gaming found in
such house or premises and to seize all money found therein.
Obstructing entry of police to be evidence of unlawful gaming
(2) Where a police officer so authorised to enter any house, room or place is wilfully
prevented from or obstructed or delayed in entering the same or any part thereof, or
where any external or internal door of, or means of access to, any such house, room or
place shall be found to be fitted or provided with any bolt, bar, chains or any means or
contrivance for the purpose of preventing, delaying or obstructing the entry into the
same or any part thereof of any police officer authorised as aforesaid or for giving an
alarm in the case of such entry, or if any such house, room or place is found fitted or
provided with any means or contrivance for unlawful gaming or with any means of
contrivance for concealing, removing or destroying any instruments of gaming, it shall
be evidence until the contrary be proved, that such house, room or place is used as a
common gaming house within the meaning of section 236 of this Code and that the
persons found therein were unlawfully playing therein.

Any person who shall be called to give evidence against any other person charged
under the provisions of section 236 of this Code shall be freed from all criminal
prosecution in respect of the offence with which such other person is charged or any
other offence under section 236 of this Code.

Any house, room, or place, which is used for any of the following purposes‐
(1) for the purpose of bets being made therein between persons resorting to the place
and‐
(a) the owner, occupier, or keeper of the place, or any person using the place; or
(b) any person procured or employed by or acting for or on behalf of any such owner,
occupier, or keeper, or person using the place; or
(c) any person having the care or management, or in any manner conducting the
business, of the place; or
(2) for the purpose of any money or other property, being paid or received therein by
or on behalf of any such owner, occupier, or keeper, or person using the place as, or
for the consideration‐
(a) for an assurance, undertaking, promise, or agreement, express or implied, to payor
give thereafter any money or other property on any event or contingency of or relating
to any horse race, or other race, fight, game sport, or exercise; or
(b) for securing the paying or giving by some other person of any money or other
property on any such event or contingency,
is called a common betting house.
Any person who, being the owner or occupier of any house, room, or place, knowingly
and wilfully permits it to be opened, kept, or used, as a common betting house by
another person, or who has the use or management, or assists in conducting the
business of a common betting house, is guilty of a misdemeanor and is liable to
imprisonment for one year, and to a fine of one thousand naira:
Provided always that nothing herein contained shall make illegal the use of a
totalisator by a race club recognised by the Government, at a race meeting, with the
approval in each case, of the superintendent of police in charge of the area where the
meeting is held. In this proviso "totalisator" means and includes the instrument,
machine, or contrivance, commonly known as the totalisator, and any other
instrument, machine, or contrivance of a like nature, or any scheme for enabling any
number of persons to make bets with one another on the like principles.

(1) (Inserted by 44 of 1958 repealed by 1961 No. 69).
(2) (Inserted by 44 of 1958 repealed by 1961 No. 69).
(3) For the purpose of section 239 of this Code any house, room or place which is used
for the purpose of a licensed pool betting business shall not be deemed to be a
common betting house by reason only that it is so used.
[44 of 1958.1961 No. 69.]
(4) (Inserted by 44 of 1958 repealed by 1961 No. 69).

In this Chapter‐
"lottery" includes any game, method or device whereby money or money's worth is
distributed or allotted in any manner depending upon or to be determined by chance
or lot;
"lottery ticket" includes any paper, ticket, token or other article whatsoever, which
either expressly or tacitly entitles or purports to entitle any person to receive any
money or money's worth on the happening of any event or contingency connected
with any public lottery;
"public lottery" means a lottery to which the public or any class of the public has, or
may have, access, and every lottery shall, until the contrary is proved, be deemed to
be a public lottery.

Any person who‐
(a) gives or sells or offers for sale or delivers any lottery ticket or pays or receives
directly or indirectly any money or money's worth for or in respect of any chance in or
event or contingency connected with a public lottery; or
(b) draws, throws, declares or exhibits, expressly or otherwise, the winner or winning
number, ticket, lot, figure, design, symbol, or other result of any public lottery; or
(c) writes, prints, publishes, or causes to be written, printed, or published, any lottery
ticket, or any announcement relating to a public lottery; or
(d) advances, furnishes, or receives money for the purpose of a public lottery; or
(e) in any manner carries on, or assists in carrying on, or invites or solicits any person
to take part in, a public lottery,
is liable to a fine not exceeding one hundred naira or to imprisonment for a period not
exceeding six months.

Any money or money's worth paid or deposited for or in respect of the purchase of a
lottery ticket shall be recoverable as money had and received to the use of the person
by whom the same was paid or deposited.

Every sale or contract for the sale of a lottery ticket is hereby declared to be void, and
no action shall be maintainable by any person in respect of any such sale or contract,
except by the purchaser for the return of the money or other consideration (if any)
paid thereon.

(1) Nothing in this Chapter contained shall apply to any lottery or sweepstake
organised and controlled by any race club in Nigeria to which a minister may by notice
in the Federal Gazette extend the provisions of this section of this Code, at or in
connection with any race meeting held under the auspices of any club or association.
[L.N. 257 of 1959.]
(2) Nothing in this Chapter contained shall apply to or prevent the sale by raffle or
lottery of articles exposed for sale at any bazaar or fancy fair held for raising funds in
aid of any institution of a public character, provided that permission for such sale shall
have been given in writing by the Minister.

(1) A Minister may grant to any club a licence authorising a lottery to be promoted and
carried
on,
subject to any conditions contained in the licence, as an incident of entertainment by
members of the club on the premises of the club.
[L.N. 257 of 1959.]
(2) It shall be a condition of every licence granted to a club under subsection (1) of this
section in respect of a lottery that only members of the club and their guests
introduced in accordance with the rules of the club shall have access to the lottery.
(3) A lottery promoted and carried on in a club in accordance with the terms of a
licence issued under this section of this Code shall not be deemed to be a public
lottery.
(4) When any condition of a licence granted under this section of this Code is
contravened, every person concerned in the promotion or carrying on of the lottery is
guilty of an offence, unless he proves that the contravention was committed without
his knowledge, and liable on summary conviction to a fine of forty naira or to
imprisonment for four months.

Any person who appears, acts, or behaves, as master or mistress, or as the person
having the care or management of any such premises, house, room, set of rooms, or
place, as is mentioned in section 225B, 236 or 239 of this Code, is to be taken to be
the keeper thereof, whether he is or is not the real keeper.

Any person who‐
(1) without lawful justification or excuse, the proof of which lies on him‐
(a) neglects to perform any duty imposed upon him by law, or undertaken by him,
whether for reward or otherwise, touching the burial or other disposition of a human
body or human remains; or
(b) improperly or indecently interferes with, or offers any indignity to, any dead human
body or human remains, whether buried or not;
(2) eats or receive for the purpose of eating any part of a dead human body, is guilty
of a misdemeanor and is liable to imprisonment for two years.
Chapter 23. Offence against public health

(1) Any person who sells, as food or drink, or has in his possession with intent to sell it
as food or drink, any article which has been rendered or has become noxious, or is in a
state unfit for food or drink, knowing or having reason to believe that the same is
noxious as food or drink, or is in a state unfit for food or drink, is guilty of a
misdemeanor and is liable to imprisonment for one year.
Adulteration of food or drink intended for sale
(2) Any person who adulterates any article of food or drink, so as to make such article
noxious as food or drink, intending to sell such article as food or drink or knowing it to
be likely that the same will be sold as food or drink, is guilty of a misdemeanor and is
liable to imprisonment for one year.

Any person who‐
(1) knowingly takes into a slaughter‐house used for the slaughter of any animals
intended for the food of man the whole or any part of the carcass of any animal which
has died of any disease; or
(2) knowingly sells the whole or part of the carcass of any animal which has died of
any disease or which was diseased when slaughtered,
is guilty of a misdemeanor and is liable to imprisonment for two years.

Any person who corrupts or fouls the water of any spring, stream, well, tank, reservoir,
or place, so as to render it less fit for the purpose for which it is ordinarily used, is
guilty of a misdemeanor and is liable to imprisonment for six months.

Any person who without the consent of the President or the Governor buries or
attempts to bury any corpse in any house, building premises, yard, garden, compound,
or within a hundred yards of any dwelling‐house, or in any open space situated within
a township, is guilty of a misdemeanor and is liable to imprisonment for six months.
[L.N. 112 of 1964. 1967 No. 27.]

Any person who‐
(a) vitiates the atmosphere in any place so as to make it noxious 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 he knows or has reason to believe to be, likely to
spread the infection of any disease dangerous to life, whether human or animal,
is guilty of a misdemeanor and is liable to imprisonment for six months.

phosphorus in manufacture of matches
Any person who‐
(a) sells or has in his possession for the purposes of sale any matches made with white
(yellow) phosphorus; or
(b) uses white (yellow) phosphorus in the manufacture of matches,
is guilty of an offence and liable to a fine of twenty naira, and any matches in respect
of which the offence shall have been committed shall be forfeited.
Chapter 24. Idle and disorderly persons; rogues and vagabonds; bringing
contempt on uniform

The following persons‐
(a) every common 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 wandering or placing himself in any public place to beg or gather
alms, or causing or procuring or encouraging any child or children so to do;
(c) every person playing at any game of chance for money or money's worth in any
public place; and
(d) every person who, in any public place, conducts himself in a manner likely to cause
a breach of the peace,
shall be deemed idle and disorderly persons and may be arrested without warrant, and
are guilty of a simple offence and liable to imprisonment for one month.

The following persons‐
(1) every person convicted of an offence under section 249 of this Code after having
been previously convicted as an idle and disorderly person;
(2) every person wandering abroad and endeavouring by the exposure of wounds or
deformation to obtain or gather alms;
(3) 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;
(4) every suspected person or reputed thief who has no visible means of subsistence
and cannot give a good account of himself;
(5) every person who exercises control, direction or influence over the movements of a
prostitute in such a manner as to show that he is aiding, abetting, or controlling, her
prostitution with any man, whether a particular man or not;
(6) every person found wandering in or upon or near any premises or in any road or
highway or any place adjacent thereto 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 rogue and vagabond and is guilty of a misdemeanor and is
liable on summary conviction for the first offence to imprisonment for three months
and for every subsequent offence to imprisonment for one year.
An offender may be arrested without warrant.

Any person who, not being a person serving in any of the armed or police forces of
Nigeria, wears the uniform of any of these forces, 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 so to wear such uniform or dress, is guilty of a
simple offence, and is liable to imprisonment for three months or to a fine of forty
naira.
Part 5. Offences against the person and relating to marriage and parental
rights and duties, and against the reputation of individuals
Chapter 25. Assaults and violence to the person generally: justification and
excuse

A person who strikes, touches, or moves, or otherwise applies force of any kind to the
person of another, either directly or indirectly, without his consent, or with his consent,
if the consent is obtained by fraud, or who by any bodily act or gesture attempts or
threatens to apply force of any kind to the person of another without his consent, in
such circumstances that the person making the attempt or threat has actually or
apparently a present ability to effect his purpose, is said to assault that other person,
and the act is called an assault.
The term "applies force" includes the case of applying heat, light, electrical force, gas,
odour, or any other substance of thing whatever, if applied in such a degree as to
cause injury or personal discomfort.

An assault is unlawful and constitutes an offence unless it is authorised or justified or
excused by law.
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.

It is lawful for a person who is charged by law with the duty of executing or giving
effect to the lawful sentence of a court (including a customary and an area court) to
execute or give effect to that sentence.

It is lawful for a person who is charged by law with the duty of executing the lawful
process of a court (including a customary and an area 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.

It is lawful for a person who is charged by law with the duty of executing a lawful
warrant issued by any court (including customary and an area court) or judicial officer,
or other 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.

If the sentence was passed, or the process was issued, by a court (including a native
tribunal) having jurisdiction under any circumstances to pass such a sentence or to
issue such process, or if the warrant was issued by a court (including a customary and
an area court) or judicial officer or other person having authority in any circumstances
to issue such a warrant, it is immaterial whether the court or judicial officer or person
had or had not authority to pass the sentence or issue the process or warrant in the
particular case; unless the person executing the same knows that the sentence or
process or warrant, was in fact passed or issued without authority.

A person who executes or assists in executing any sentence, or process, or warrant
which purports to be passed or issued by a court (including a native tribunal), judicial
officer, or other person, and who would be justified, under the provisions of sections
254, 255, 256 and 257 of this Code, in executing the same if it had been passed or
issued by a court (including a customary and an area 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 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.

A person who, being duly authorised to execute a 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.
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.

When any process or warrant is bad in law by reason of some defect in substance or in
form apparent on the face 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.

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

When a peace officer or police officer is proceeding lawfully to arrest, with or without
warrant, a person for an offence which is a felony, and is such that the 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, to use such force as may be reasonably necessary to
prevent the escape of the person sought to be arrested, and, if the offence is such that
the offender may be punished with death or with imprisonment for seven years or
more, may kill him if he cannot by any means otherwise be arrested.

When a person who is not a peace officer or police officer is proceeding lawfully to
arrest, without warrant, another person for an offence which is such that the offender
may be arrested without warrant, and when any person is proceeding lawfully to arrest
another person for any cause other than such an offence, and, in either case, the
person sought to be arrested takes to flight in order to avoid arrest, it is lawful for the
person seeking to arrest him to use such force as may be reasonably necessary to
prevent his escape.
But this section of this Code does not authorise the use of force which is intended or is
likely to cause death or grievous harm.

When any person has lawfully arrested another person for any offence, it is lawful for
him to use such force as he believes, on reasonable grounds, to be necessary to
prevent the escape or rescue of the person arrested.
But, if the offence is not one which is such that the offender may be arrested without
warrant, this section of this Code shall not authorise the use of force which is intended
or is likely to cause death or grievous harm.

It is lawful for any person who witnesses a breach 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 into the custody of a peace officer or police
officer.
It is lawful for a peace officer or police officer who witnesses a breach of the peace,
and for any person lawfully assisting him, to arrest any person whom he finds
committing it, or whom he believes on reasonable grounds to be about to join or renew
the breach of the peace.
It is lawful for a peace officer or police officer to receive into custody and detain in
custody any person given into his 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.

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

It is lawful for a peace officer to use or order to be used such force as he believes, on
reasonable grounds, to be necessary in order to suppress a riot, and is reasonably
proportioned to the danger which he believes, on reasonable grounds, is to be
apprehended from its continuance.

It is lawful for any person acting in good faith in obedience to orders, not manifestly
unlawful, given by a peace officer for the suppression of a riot, to use such force as he
believes, on reasonable grounds, to be necessary for carrying such orders into effect.
Whether any particular order so given is or is not manifestly lawful, is a question of
law.

emergency
When any person, whether subject to military law or not, believes, on reasonable
grounds, that serious mischief will arise from a riot before there is time to procure the
intervention of a peace officer, it is lawful for him to use such force as he believes, on
reasonable grounds, to be necessary for the suppression of the riot, and as is
reasonably proportioned to the danger which he believes, on reasonable grounds, is to
be apprehended from its continuance.

Forces
It is lawful for a person who is bound by the laws in force relative to the Armed Forces
of Nigeria or to the Police Forces to obey the lawful commands of his superior officer,
to obey any command given him by his superior officer, in order to see the
suppression of a riot, unless the command is manifestly unlawful. Whether any
particular command is or is not manifestly unlawful, is a question of law.
[L.N. 112 of 1964.]

without warrant: prevention of violence by persons of unsound mind
It is lawful for any person to use such force as is reasonably necessary in order to
prevent the commission of an offence which is such that the offender may be arrested
without warrant; or in order to prevent any act from being done as to which he
believes, on reasonable grounds, that it would, if done, amount to any such offence; or
in order to prevent a person whom he believes, on reasonable grounds, to be of
unsound mind, from doing violence to any person or property.

It is lawful for any person who is in peaceable possession of a dwelling‐house, and for
any person lawfully assisting him or acting by his authority, to use such force as he
believes, on reasonable grounds, to be necessary in order to prevent the forcible
breaking and entering of the dwelling‐house, either by night or day, by any person
whom he believes on reasonable grounds, to be attempting to break and enter the
dwelling‐house with intent to commit a felony or misdemeanor therein.

The term "provocation", used with reference to an offence of which an assault is an
element, includes, except as hereinafter stated, any wrongful act or insult of such
nature as to be likely, when done to an ordinary person, or in the presence of the
ordinary person to another person who is under his immediate care, or to whom he
stands in a conjugal, parental, filial, or fraternal relation, or in the relation of master or
servant, to deprive him of the power of self‐control, and to induce him to assault the
person by whom the act or insult is done or offered.
When such an act or insult is done or offered by one person to another, or in the
presence of another to a person who is under the immediate care of that other, or to
whom the latter stands in any such relation as aforesaid, the former is said to give to
the latter provocation for an assault.
A lawful act is not provocation to any person for an assault.
An act which a person does in consequence of excitement given by another person in
order to induce him to do the act, and thereby to furnish an excuse for committing an
assault, is not provocation to that person for an assault.
An arrest which is unlawful is not necessarily provocation for an assault, but it may be
evidence of provocation to a person who knows of the illegality.

A person is not criminally responsible for an assault committed upon a person who
gives him provocation for the assault, if he is in fact deprived by the provocation of the
power of self‐control, and acts upon it on the sudden and before there is time for his
passion to cool; provided that the force used is not disproportionate to the
provocation, and is not intended, and is not such as is likely, to cause death or
grievous harm.
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 to assault the person by whom
the act or insult is done or offered, and whether, in any particular case, the person
provoked was actually deprived by the provocation of the power of self‐control, and
whether any force used is or is not disproportionate to the provocation, are questions
of fact.

It is lawful for any person to use such force as is reasonably necessary to prevent the
repetition of an act or insult of such a nature as to be provocation to him for an
assault:
Provided that the force used is not intended and is not such as is likely, to cause death
or grievous harm.

When a person is unlawfully assaulted, and has not provoked the assault, it is lawful
for him to use such force to the assailant as is reasonably necessary to make effectual
defence against the assault:
Provided that the force used is not intended, and is not such as is likely, to cause
death or grievous harm.
If the nature of the assault is such as to cause reasonable apprehension of death or
grievous harm, and the person using force by way of defence believes, on reasonable
ground, that he cannot otherwise preserve the person defended from death or
grievous harm, it is lawful for him to use any such force to the assailant as is
necessary for defence, even though such force may cause death or grievous harm.

When a person has unlawfully assaulted another or has provoked an assault from
another, and that other assaults him with such violence as to cause reasonable
apprehension of death or grievous harm, and to induce him to believe, on reasonable
grounds, that it is necessary for his preservation from death or grievous harm to use
force in self‐defence, he is not criminally responsible for using any such force as is
reasonably necessary for such preservation, although such force may cause death or
grievous harm.
This protection does not extend to a case in which the person using force, which
causes death or grievous harm, first began the assault with intent to kill or to do
grievous harm to some person; nor to a case in which the person using force which
causes death or grievous harm endeavoured to kill or to do grievous harm to some
person before the necessity of so preserving himself arose; nor, in either case, unless,
before such necessity arose, the person using such force declined further conflict, and
quitted it or retreated from it as far as was practicable.

In any case in which it is lawful for any person to use force in any degree for the
purpose of defending himself against an assault, it is lawful for any other person acting
in good faith in his aid to use a like degree of force for the purpose of defending such
first‐mentioned person.

It is lawful for any person who is in peaceable possession of any movable property, and
for any person acting by his authority, to use such force as is reasonably necessary in
order to resist the taking of such property by a trespasser, or in order to retake it from
a trespasser, provided that he does not do harm to the trespasser.

When a person is in peaceable possession of any movable property under a claim of
right, it is lawful for him, and for any person acting by his authority, to use such force
as is reasonably necessary in order to defend his possession of the property, even
against a person who is entitled by law to possession of the property, provided that he
does not do harm to such other person.

When a person who is entitled by law to the possession of movable property, attempts
to take from a person who is in possession of the property, but who neither claims
right to it, nor acts by the authority of a person who claims right, and the person in
possession resists him, it is lawful for the person so entitled to possession to use force
in order to obtain possession of the property, provided that he does not do harm to the
person in possession.

persons
It is lawful for a person who is in peaceable possession of any land, structure, vessel or
place, or who is entitled to the control or management of any land, structure, vessel,
or place, and for any person acting by his authority, to use such force as is reasonably
necessary in order to prevent any person from wrongfully entering upon such land,
structure, vessel, or place, or in order to remove therefrom a person who wrongfully
remains therein, provided that he does not do harm to such person.
It is lawful for a person who is in peaceable possession of any land, structure, vessel,
or place, or who is entitled to the control or management of any land, structure,
vessel, or place, and for any person acting by his authority, to use force in order to
remove therefrom any person who conducts himself in a disorderly manner therein,
provided that he does not do him harm.
The term "place" includes any part of an enclosure or structure, whether separated
from the rest of the enclosure or structure, by a partition, fence, rope, or any other
means, or not.

right
When a person is in peaceable possession of any land, structure, or vessel, with a
claim of right, it is lawful for him, and for any person acting by his authority, to use
such force as is reasonably necessary in order to defend his possession, even against a
person who is entitled by law to the possession of the property provided that he does
not do harm to such person.

When a person who claims to be lawfully entitled to enter upon land for the exercise of
a right of way or other easement or profit, enters upon the land for the purpose of
exercising such right of way, or easement or profit, after notice that his right to use
such way or take such profit is disputed by the person in possession of the land, or
having entered persists in his entry after such notice, it is lawful for the person in
possession, and for any person acting by his authority, to use such force as is
reasonably necessary for the purpose of making the person so entering desist from the
entry, provided that he does not do him harm.

A blow or other force, not in any case extending to a wound or grievous harm, may be
justified for the purpose of correction as follows‐
(1) a father or mother may correct his or her legitimate or illegitimate child, being
under sixteen years of age, or any guardian or person acting as a guardian, his ward,
being under sixteen years of age, for misconduct or disobedience to any lawful
command;
(2) a master may correct his servant or apprentice, being under sixteen years of age,
for misconduct or default in his duty as such servant or apprentice;
(3) the master of a ship may correct any person on board his ship who is bound to
perform any manual labour, for misconduct or disobedience to any lawful command;
(4) a father or mother or guardian, or a person acting as a guardian, may delegate to
any person
whom he or she entrusts permanently or temporarily with the governance or custody
of his or her child or ward on his or her own authority for correction, including the
power to determine in what cases correction ought to be inflicted; and such a
delegation shall be presumed, except in so far as it may be expressly withheld, in the
case of a schoolmaster or a person acting as a schoolmaster, in respect of a child or
ward;
(5) a person who is authorised to inflict correction as in this section of this Code
mentioned may, in any particular case, delegate to any fit person the infliction of such
correction; and
(6) no correction can be justified which is unreasonable in kind or in degree, regard
being had to the age and physical and mental condition of the person on whom it is
inflicted; and no correction can be justified in the case of a person who, by reasons of
tender years or otherwise, is incapable of understanding the purpose for which it is
inflicted.

The master of a vessel, or any person acting by his order, may justify the use of any
such force against any person onboard the vessel as is necessary for suppressing any
mutiny or disorder on board the vessel, whether among officers, seamen, or
passengers, whereby the safety of the vessel, or of any person therein or about to
enter or quitting the same, is likely to be endangered, or the master is threatened to
be subjected to the commands of the other person; and may kill any person who is
guilty of or abets such mutiny or disorder, if the safety of the vessel, or the
preservation of any such person as aforesaid, cannot be otherwise secured.

A person is not criminally responsible for performing in good faith and with reasonable
care and skill a surgical operation upon any person for his 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.

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

Consent by a person to the causing of his own death does not affect the criminal
responsibility of any person by whom such death is caused.
Chapter 26. Duties relating to the preservation of human life

It is the duty of every person having charge of another who is unable by reason of age,
sickness, unsoundness of mind, detention or any other cause to withdraw himself from
such charge, and who is unable to provide himself with the necessaries of life, 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, to provide for
that other person the necessaries of life; and he is held to have caused any
consequences which result to the life or health of the other person by reason of any
omission to perform that duty.

It is the duty of every person who, as head of a family, has charge of a child under the
age of fourteen years, being a member of his household, to provide the necessaries of
life for such child; and he is held to have caused any consequences which result to the
life or health of the child by reason of any omission to perform that duty, whether the
child is helpless or not.

It is the duty of every person who as master or mistress has contracted to provide
necessary food, clothing, or lodging, for any servant or apprentice under the age of
sixteen years, to provide the same; and he or she is held to have caused any
consequences which result to the life or health of the servant or apprentice by reason
of any omission to perform that duty.

It is the duty of every person who, except in a case of necessity, undertakes to
administer surgical or medical treatment to any other person, or to do any other lawful
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 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.

It is the duty of every person who has in his charge or under his control anything,
whether living or inanimate, and whether moving or stationary, of such a nature 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 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.

When a person undertakes to do any act, the omission to do which is or may be
dangerous to human life or health, it is his duty to do that act; and he 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.

(1) Any person employed in any undertaking concerned in the supply of electricity or
water, who maliciously breaks his contract of service, knowing or having reasonable
cause to believe that the probable consequence of his so doing, either alone or in
combination with others, will be to deprive the community or any part of thereof either
wholly or to a great extent of the supply of electricity or water, is guilty of an offence.
(2) Any person who maliciously breaks a contract of service knowing or having
reasonable cause to believe that the probable consequences of his 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, is guilty of an offence.
(3) For the purpose of this section‐
(i) "maliciously" means with the intention of producing any of the consequences set
out in subsection (1) or (2) of this section, as the case may be, or with a reckless
disregard of whether such consequences are produced or not, and
(ii) 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 such
circumstances that the actual or probable consequences of the termination are those
set out in subsection (1) or (2) of this section, shall, where length of such notice
required by any enactment, or by any contract or services, is more than seven days,
be deemed to be a malicious breach of contract, and the words "maliciously breaks" in
this section of this Code shall be construed accordingly.
(4) Any person guilty of an offence against any of the provisions of this section of this
Code is liable, on conviction, to a fine of one hundred naira or to imprisonment for six
months or to both such fine and imprisonment.
(5) No prosecution for an offence under this section of this Code shall be constituted
without the written consent of the Attorney‐General of the Federation.
Chapter 27. Homicide; suicide; infanticide; concealment of birth; unlawful
possession of human head

It is unlawful to kill any person unless such killing is authorised or justified or excused
by law.

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

Except as hereinafter set forth, any person who causes the death of another, directly
or indirectly, by any means whatever, is deemed to have killed that other person.

When a child dies in consequence of an act done or omitted to be done by any person
before or during its birth, the person who did or omitted to do such acts is deemed to
have killed the child.

A person who, by threat or intimidation or by deceit, 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.

A person who does any act or makes any omission 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.

When a person causes bodily injury to another from which death results, it is
immaterial that the injury might have been avoided by proper precaution on the part
of the person injured, or that his death from that injury might have been prevented by
proper care or treatment.

When a person does grievous harm to another, and such other person has recourse to
surgical or medical treatment, and death results either from the injury or the
treatment, he is deemed to have killed that other person, although the immediate
cause of death was the surgical or medical treatment, provided that the treatment was
reasonably proper under the circumstances, and was applied in good faith.

A person is not deemed to have killed another, if the death of that other person does
not take place within a year and a day of the cause of death.
Such period is reckoned inclusive of the day on which the last unlawful act contributing
to the cause of death was done.
When the cause of death is an omission to observe or perform a duty, the period is
reckoned inclusive of the day on which the omission ceased.
When the cause of death is in part an unlawful act, and in part an omission to observe
or perform a duty, the period is reckoned inclusive of the day on which the last
unlawful act was done or the day on which the omission ceased, whichever is the later.

Any person who unlawfully kills another is guilty of an offence which is called murder
or manslaughter, according to the circumstances of the case.

Except as hereinafter set forth, a person who unlawfully kills another under any of the
following circumstances, that is to say‐
(1) if the offender intends to cause the death of the person killed, or that of some other
person;
(2) if the offender intends to do to the person killed or to some other person some
grievous
harm;
(3) if death is caused by means of an act done in the prosecution of an unlawful
purpose, which act is of such a nature as to be likely to endanger human life;
(4) if the offender intends to do grievous harm to some person for the purpose of
facilitating the commission of an offence which is such that the offender may be
arrested without warrant, or for the purpose of facilitating the flight of an offender who
has committed or attempted to commit any such offence;
(5) if death is caused by administering any stupefying or overpowering things for
either of the purposes last aforesaid;
(6) if death is caused by wilfully stopping the breath of any person for either of such
purposes, is guilty of murder.
In the second case it is immaterial that the offender did not intend to hurt the
particular person who is killed.
In the third case it is immaterial that the offender did not intend to hurt any person.
In the three last cases it is immaterial that the offender did not intend to cause death
or did not know that death was likely to result.

A person who unlawfully kills another in such circumstances as not to constitute
murder is guilty of manslaughter.

When a person who unlawfully kills another in circumstances which, but for the
provisions of this section of this Code, would constitute murder, does the act which
causes death in the heat of passion caused by grave and sudden provocation, and
before there is time for his passion to cool, he is guilty of manslaughter only.
[1966 No. 84.]

pregnant women
(1) Subject to the provisions of this section of this Code, any person who commits the
offence of murder shall be sentenced to death.
Provisions for juveniles
(2) Where an offender who in the opinion of the court had not attained the age of
seventeen years at the time the offence was committed, has been found guilty of
murder, such offender shall not be sentenced to death but shall be ordered to be
detained during the pleasure of the President and upon such an order being made the
provisions of Part 44 of the Criminal Procedure Act shall apply.
[1966 No. 84. L.N. 112 of 1964.]
Provisions for pregnant women
(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 be pregnant, the procedure laid down in section 376 of
the Criminal Procedure Act shall first be complied with.
[Cap. C41.]

(1) attempts unlawfully to kill another; or
(2) with intent unlawfully to kill another does any act, or omits to do any act which it is
his duty to do, such act or omission being of such a nature as to be likely to endanger
human life,
is guilty of a felony and is liable to imprisonment for life.

Any person who, being under sentence of penal servitude or of imprisonment for three
years or more, attempts to commit murder is liable to imprisonment for life.

Any person who becomes an accessory after the fact to murder is guilty of a felony
and is liable to imprisonment for life.

Any person who, knowing the contents thereof, directly or indirectly causes any person
to receive any writing threatening to kill any person is guilty of a felony and is liable to
imprisonment for seven years.

Any person who conspires with any other person to kill any person, whether such
person is in Nigeria or elsewhere, is guilty of a felony and is liable to imprisonment for
fourteen years.

Any person who commits the offence of manslaughter, is liable to imprisonment for
life.

Any person who‐
(1) procures another to kill himself; or
(2) counsels another to kill himself and thereby induces him to do so; or
(3) aids another in killing himself;
is guilty of a felony and is liable to imprisonment for life.

Any person who attempts to kill himself is guilty of a misdemeanor and is liable to
imprisonment for one year.

Where a woman by any wilful act or omission causes the death of her child being a
child under the age of twelve months, but at the time of the act or omission the
balance of her mind was disturbed by reason of her not having fully recovered from
the effect of lactation consequent upon the birth of the child, then notwithstanding
that the circumstances were such that but for this section of this Code the
offence would have amounted to murder, she is guilty of a felony, to wit of infanticide,
and may for such offence be dealt with and punished as if she had been guilty of the
offence of manslaughter of the child.

Any person who, when a woman is about to be delivered of a child, prevents the child
from being born alive by any act or omission of such a nature that, if the child had
been born alive and had then died, he would be deemed to have unlawfully killed the
child, is guilty of a felony and is liable to imprisonment for life.

Any person who, when a woman is delivered of a child, endeavours, by any secret
disposition of the dead body of the child, to conceal the birth, whether the child died
before, at or after its birth, is guilty of a misdemeanor and is liable to imprisonment for
two years.

(1) Any person who receives or has in his possession a human head or skull within six
months of the same having been separated from the body or skeleton with the
intention that such head or skull shall be possessed by himself as a trophy, juju or
charm or transferred by him to any other person as a trophy, juju or charm, is guilty of
a felony and is liable to imprisonment for five years.
(2) Where in any prosecution under this section of this Code it is proved that the
person charged received or had in his possession a human head or skull within six
months of the same having been separated from the body or skeleton, it shall be
presumed that the person charged received or had in his possession such head or skull
with the intention specified in subsection (1) of this section, unless the contrary is
proved.
(3) A prosecution for an offence under this section of this Code shall not be instituted
except by or with the consent of a law officer.
Chapter 28. Offences endangering life or health

Any person who, by any means calculated to choke, suffocate or strangle, and with
intent to commit or to facilitate the commission of a felony or misdemeanor, or to
facilitate the flight of an offender after the commission or attempted commission of a
felony or misdemeanor, renders or attempts to render any person incapable of
resistance, is guilty of a felony and is liable to imprisonment for life, with or without
caning.
[30 of 1960.]

Any person who, with intent to commit or to facilitate the commission of a felony or
misdemeanor or to facilitate the flight of an offender after the commission or
attempted commission of a felony or misdemeanor, administers or attempts to
administer any stupefying or overpowering drug or thing to any person, is guilty of a
felony and is liable to imprisonment for life.

Any person who, with intent to maim, disfigure or disable, any person, or to do some
grievous harm to any person, or to resist or prevent the lawful arrest or detention of
any person‐
(1) unlawfully wounds or does any grievous harm to any person by any means
whatever; or
(2) 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; or
(3) unlawfully causes any explosive substance to explode; or
(4) sends or delivers any explosive substance or other dangerous or noxious thing to
any person;
or
(5) causes any such substance or thing to be taken or received by any person; or
(6) puts any corrosive fluid or any destructive or explosion substances in any place; or
(7) unlawfully casts or throws any such fluid or substances at or upon any person, or
otherwise applies any such fluid or substances to the person of any person,
is guilty of a felony and is liable to imprisonment for life.

Any person who unlawfully‐
(1) prevents or obstructs any person who is on board of, or is escaping from a vessel
which is in distress or wrecked, in his endeavours to save his life; or
(2) obstructs any person in his endeavours to save the life of any person so situated, is
guilty of a felony and is liable to imprisonment for life.

Any person who, with intent to injure or to endanger the safety of any person travelling
by any railway, whether a particular person or not‐
(1) places anything on the railway; or
(2) deals with the railway, or with anything whatever upon or near the railway, in such
a manner as to affect or endanger the free and safe use of the railway or the safety of
any such person; or
(3) shoots or throws anything at, into, or upon, or causes anything to come into
contact with, any person or thing on the railway; or
(4) shows any light or signal, or in any way deals with any existing light or signal, upon
or near the railway; or
(5) by any omission to do any act which it is his duty to do causes the safety of any
such person to be endangered,
is guilty of a felony and is liable to imprisonment for life, with or without caning.
[30 of 1960.]

Any person who unlawfully does grievous harm to another is guilty of a felony and is
liable to imprisonment for seven years.

Any person who unlawfully, and with intent to do any harm to another, puts any
explosive substance in any place whatever, is guilty of a felony and is liable to
imprisonment for fourteen years.

Any person who unlawfully, and with intent to injure or annoy another, causes any
poison or other noxious thing to be administered to, or taken by, any person, and
thereby endangers his life, or does him some grievous harm, is guilty of a felony and is
liable to imprisonment for fourteen years.

Any person who‐
(1) unlawfully wounds another; or
(2) unlawfully, and with intent to injure or annoy any person, causes any poison or
other noxious thing to be administered to, or taken by, any person,
is guilty of a felony and is liable to imprisonment for three years.

Any person who, being charged with the duty of providing for another the necessaries
of life, without lawful excuse fails to do so, whereby the life of that other is or is likely
to be endangered, or his health is or is likely to be permanently injured, is guilty of a
felony and liable to imprisonment for three years.
The offender cannot be arrested without warrant.

Any person who, being charged as a master or mistress with the duty of providing
necessary food, clothing, or lodging, for a servant or apprentice under the age of
sixteen years, unlawfully fails to perform that duty, or in any other manner does any
harm or causes any harm to be done to such servant or apprentice, whereby, in either
case, the life of such servant or apprentice is or is likely to be endangered, or his
health is likely to be permanently injured, is guilty of a felony and is liable to
imprisonment for three years.
The offender cannot be arrested without warrant.

Any person who unlawfully abandons or exposes a child under the age of seven years,
in such a manner that any grievous harm is likely to be caused to it, is guilty of a
felony and is liable to imprisonment for five years.

Any person who sets or places any spring‐gun, man‐trap or other engine calculated to
destroy human life or to inflict grievous harm, or causes any such thing to be set or
placed with the intent that it may kill or inflict grievous harm upon a trespasser or any
person coming in contact with it, or sets or places any such thing in any such place
and in any such manner that it is likely to cause any such result, is guilty of a felony
and is liable to imprisonment for three years.
Any person who knowingly permits any such spring‐gun, man‐trap, or other engine,
which has been set or placed by another person in any such place and in any such
manner that it is likely to cause any such result, to continue to be so set or placed in
any place which is then in, or afterwards comes into, his possession or occupation, is
deemed to have set and placed the gun, trap, or engine, with the intent aforesaid.
This section of this Code, does not make it unlawful to set any gun or trap such as is
usually set for the purpose of destroying vermin, or to set any spring‐gun, man‐trap, or
engine, at night in a dwelling‐house for the protection of the dwelling‐house.
The offender cannot be arrested without warrant.

(1) Any person who in a manner so rash or negligent as to endanger human life or to
be likely to cause harm to any other person‐
(a) drives any vehicle or rides on any public way; or
(b) navigates, or takes part in the navigation or working of, any vessel; or
(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
possession; or
(d) omits to take precautions against any probable danger from any animal in his
possession; or
(e) gives medical or surgical treatment to any person whom he has undertaken to
treat; or
(f) dispenses, supplies, sells, administers, or gives away, any medicine, or poisonous or
dangerous matter; or
(g) does any act with respect to, or omits to take proper precautions against any
probable danger from, any machinery of which he 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 possession,
is guilty of a misdemeanor and is liable to imprisonment for one year.
(2) Any person who conveys or causes to be conveyed, for hire, any person by water,
in a vessel in such a state or so loaded as to be unsafe, is guilty of a misdemeanor and
is liable to imprisonment for one year.

Any person who unlawfully does any act, or omits to do any act which it is his duty to
do, not being an act or omission specified in section 343 of this Code, by which act or
omission harm is caused to any person, is guilty of a misdemeanor and is liable to
imprisonment for six months.

(1) Any person who sends or attempts to send or is party to sending or attempting to
send a Nigerian ship to sea in such an unseaworthy state that the life of any person is
likely to be thereby endangered, is guilty of a misdemeanor, unless he proves either
that he used all reasonable means to insure her being sent to sea in a seaworthy state,
or that her going to sea in such an unseaworthy state was in the circumstances
reasonable and justifiable.
[L.N. 112 of 1964.]
(2) The master of a Nigerian ship who knowingly takes the same to sea in such an
unseaworthy state that the life of any person is likely to be thereby endangered, is
guilty of a misdemeanor, unless he proves that her going to sea in such an
unseaworthy state was in the circumstances reasonable and justifiable.
(3) Any person convicted of a misdemeanor under this section of this Code is liable to
imprisonment for two years.
(4) A prosecution shall not be instituted in respect of an offence under this section of
this Code otherwise than by or with the consent of a law officer.

Any person who, by any unlawful act, or by any omission to do any act which it is his
duty to do, causes the safety of any person travelling by any railway to be
endangered, is guilty of a misdemeanor and is liable to imprisonment for two years.

Any person who, being a person having actual control over a steam vessel, or over any
part of the machinery of a steam vessel, does any act or makes any omission or is
privy to any act or omission with respect to the machinery of the vessel, whereby to
his knowledge, the safety of any person on board the vessel is or is likely to be
endangered, is guilty of a felony and is liable to imprisonment for three years.
The offender cannot be arrested without warrant.

Any person who is an engineer, or one of the engineers, in charge of the machinery of
a steam vessel at any time when any act is done or omitted to be done by any other
person with respect to the machinery of the vessel, whereby the safety of any person
on board the vessel is, or is likely to be endangered, is guilty of a simple offence and is
liable to a fine of two hundred naira.
It is a defence to a charge of the offence defined in this section of this Code to prove
that the act or omission was done or made without the knowledge of the accused
person, and without any neglect or default on his part.

Any person who knowingly sends by any vessel, or carries in any vessel, any explosive
substance, or any acid, or other thing of a dangerous or destructive nature, under false
description of the substance or thing or with a false description of the sender thereof,
is guilty of a felony and is liable to imprisonment for three years.
The offender cannot be arrested without warrant.

(1) being charged by law with any duty respecting the shipping, unshipping, landing,
putting off shore, conveyance, delivery or storage of any explosive substance, or of
any acid, or other thing of a dangerous or destructive nature, from any vessel, fails to
perform that duty; or
(2) being concerned in the shipping, unshipping, landing, putting off shore,
conveyance, delivery or storage of any such substance, acid or thing, violates the
provisions of the laws relating to such shipping, unshipping, landing, putting off shore,
conveyance, delivery or storage,
is guilty of a felony and is liable to imprisonment for three years.
This section of this Code does not apply to any explosive, acid or other thing, the
property of the State, while it is under the control of an officer of the armed forces of
Nigeria.
The offender cannot be arrested without warrant.
Chapter 29. Assaults

Any person who unlawfully assaults another is guilty of a misdemeanor, and is liable, if
no greater punishment is provided, to imprisonment for one year.

Any person who assaults another with intent to have carnal knowledge of him or her
against the order of nature is guilty of a felony and is liable to imprisonment for
fourteen years.

Any person who unlawfully and indecently assaults any male person is guilty of a
felony and is liable to imprisonment for three years.
The offender cannot be arrested without warrant.

Any person who unlawfully assaults and uses actual violence to a peace officer or any
other person while acting in the execution of his duty in or concerning the preservation
of a vessel in distress, or of any vessel or goods wrecked or stranded or lying under
water, is guilty of a felony and is liable to imprisonment for seven years.

Any person who unlawfully assaults another and thereby does him harm, is guilty of a
felony and is liable to imprisonment for three years.

Any person who‐
(1) assaults another with intent to commit a felony, or with intent to resist or prevent
the lawful arrest or detention of himself or of any other person; or
(2) assaults, resists, or wilfully obstructs a police officer while acting in the execution
of his duty, or any person acting in aid of a police officer while so acting; or
(3) 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; or
(4) assaults, resists, or obstructs any person engaged in such lawful execution of
process, or in making a lawful distress, with intent to rescue any property lawfully
taken under such process or distress; or
(5) assaults any person on account of any act done by him in the execution of any duty
imposed on him by law; or
(6) assaults any person 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 person,
is guilty of a felony and is liable to imprisonment for three years.
Chapter 30. Assaults on females: abduction

Any person who has unlawful carnal knowledge of a woman or girl, without her
consent, or with her consent, if the consent is obtained by force or by means of threats
or intimidation of any kind, or by fear of harm, or by means of false and fraudulent
representation as to the nature of the act, or, in the case of a married woman, by
personating her husband, is guilty of an offence which is called rape.

Any person who commits the offence of rape is liable to imprisonment for life, with or
without caning.
[30 of 1960.]

Any person who attempts to commit the offence of rape is guilty of a felony, and is
liable to imprisonment for fourteen years, with or without caning.
[30 of 1960.]

Any person who unlawfully and indecently assaults a woman or girl is guilty of a
misdemeanor, and is liable to imprisonment for two years.

Any person who, with intent to marry or carnally know a female of any age, or to cause
her to be married, or carnally known by any other person, takes her away, or detains
her against her will, is guilty of a felony, and is liable to imprisonment for seven years.

Any person who unlawfully takes an unmarried girl under the age of sixteen years out
of the custody or protection of her father or mother or other person having the lawful
care or charge of her, and against the will of such father or mother or other person, is
guilty of a misdemeanor, and is liable to imprisonment for two years.

In the case of proceedings in respect of an offence under section 362 of this Code‐
(a) it is immaterial that the offender believed the girl to be of or above the age of
sixteen years;
(b) it is immaterial that the girl was taken with her own consent or at her own
suggestion.
Chapter 31. Offences against liberty: slave dealing

Any person who‐
(1) unlawfully imprisons any person, and takes him out of Nigeria without his consent;
or
(2) unlawfully imprisons any person within Nigeria in such a manner as to prevent him
from applying to a court for his release or from discovering to any other person the
place where he is imprisoned, or in such a manner as to prevent any person entitled to
have access to him from discovering the place where he is imprisoned,
is guilty of a felony and is liable to imprisonment for ten years.

Any person who unlawfully confines or detains another in any place against his will, or
otherwise unlawfully deprives another of his personal liberty, is guilty of a
misdemeanor and is liable to imprisonment for two years.

Subject to the provisions of the Trade Unions Act, any person who, with intent to
prevent or hinder any other person from doing any act which he is lawfully entitled to
do, or with intent to compel him to do any act which he is lawfully entitled to abstain
from doing, or to abstain from doing any act which he is lawfully entitled to do‐
[Cap. Tl4.]
(a) threatens such other person with injury to his person, reputation, or property, or to
the person, reputation, or property of anyone in whom he is interested; or
(b) persistently follows such other person about from place to place; or
(c) hides any tools, clothes, or other property owned or used by such other person, or
deprives him of or hinders him in the use thereof; or
(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; or
(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 any person in whom
he is interested, will become an object of displeasure to the Government of Nigeria or
to any person employed in the public service of Nigeria,
is guilty of an offence and is liable on conviction to imprisonment for one year

Any person who, with any of the intents in section 366 of this Code mentioned,
assaults any other person or anyone in whom he is interested, is guilty of a felony and
liable to imprisonment for five years.

Any person who‐
(1) being required by law to keep any record touching any matter relating to any
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 knowledge, false; or
(2) 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‐
(a) refuses or neglects to give such information or to show such person or place to any
person to whom he is so required to give the information or show the person or place;
or
(b) gives to any person to whom he is so required to give it, information touching any
such matter which, in any material particular, is to his knowledge, false,
is guilty of a felony and is liable to imprisonment for three years.

Any person who‐
(1) deals or trades in, purchases, sells, transfers or takes any slave;
(2) deals or trades in, purchases, sells, transfers or takes any person in order or so that
such person should be held or treated as a slave;
(3) places or receives any person in servitude as a pledge or security for debt whether
then due and owing, or to be incurred or contingent, whether under the name of a
pawn or by whatever other name such person may be called or known;
(4) conveys or induces any person to come within the limits of Nigeria in order or so
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;
(5) conveys or sends or induces any person to go out of the limits of Nigeria in order or
so 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;
(6) whether or not a citizen of Nigeria holds or possesses in Nigeria any person as a
slave;
(7) enters into any contract or agreement with or without consideration for doing any
of the acts or accomplishing any of the purposes herein above enumerated, is guilty of
slave dealing and is liable to imprisonment for fourteen years.
Chapter 32. Offences relating to marriage and parental rights and duties

Any person who, having a husband or wife living, marries in any case in which such
marriage is void by reason of its taking place during the life of such husband or wife, is
guilty of a felony and is liable to imprisonment for seven years.
This section of this Code does not extend to any person whose marriage with such
husband or wife has been dissolved or declared void by a court of competent
jurisdiction, nor to any person who contracts a marriage during the life of a former
husband or wife, if such husband or wife, at the time of the subsequent marriage, shall
have been absent from such person for the space of seven years, and shall not have
been heard of by such person as being alive within that time.

Any person who, with intent to deprive any parent, guardian or other person who has
the lawful care or charge of a child under the age of twelve years, of the possession of
such child, or with intent to steal any article upon or about the person of any such
child‐
(1) forcibly or fraudulently takes or entices away, or detains the child; or
(2) receives or harbours the child, knowing it to have been so taken or enticed away or
detained, is guilty of a felony and is liable to imprisonment for fourteen years.
It is a defence to a charge of any of the offences defined in this section of this Code to
prove t hat the accused person claimed in good faith a right to the possession of the
child, or, in the case of an illegitimate child, is its mother or claimed to be its father.

Any person who being the parent, guardian or other person having the lawful care or
charge of a child under the age of twelve years, and being able to maintain such child,
wilfully and without lawful or reasonable cause deserts the child and leaves it without
means of support, is guilty of a misdemeanor and is liable to imprisonment for one
year.
Chapter 33. Defamation

Defamatory matter is matter likely to injure the reputation of any person by exposing
him to hatred, contempt, or ridicule, or likely to damage any person in his profession
or trade by any injury to his reputation.
Such matter may be expressed in spoken words or in any audible sounds, or in words
legibly marked on any substance whatever, or by any sign or object signifying such
matter otherwise than by words, and may be expressed either directly or by
insinuation or irony.
It is immaterial whether at the time of the publication of the defamatory matter, the
person concerning whom such matter is published is living or dead:
Provided that no prosecution for the publication of defamatory matter concerning a
dead person shall be instituted without the consent of the Attorney‐General of the
Federation.

(1) For the purposes of this Code, the publication of defamatory matter is‐
(a) in the case of spoken words or audible sounds, the speaking of such words or the
making of such sounds in the hearing of the person defamed or any other person;
(b) in other cases, the exhibiting of it in public, or causing it to be read or seen, or
showing or delivering it, or causing it to be shown or delivered, with intent that it may
be read or seen by the person defamed or by any other person.
(2) Sounds where recorded shall, if defamatory, be deemed to be published if
reproduced in any place to the hearing of persons other than the person causing it to
be reproduced.
(3) In this section‐
"recorded" means sounds collected or stored by means of tape, disc, cylinder or other
means whatsoever, where the sounds are capable of being reproduced or are intended
for reproduction by electrical or mechanical means at any time or from time to time
thereafter, and includes the matrix, and cognate expressions shall have the like
meaning;
"sound" includes speech and mere noise.

Subject to the provisions of this Chapter, any person who publishes any defamatory
matter, is guilty of a misdemeanor and is liable to imprisonment for one year; and any
person who publishes any defamatory matter knowing it to be false, is liable to
imprisonment for two years.

Any person who publishes, or threatens to publish, or offers to abstain from publishing,
or offers to prevent the publication of defamatory matter, with intent to extort money
or other property, or with intent to induce any person to give, confer, procure, or
attempt to procure, to, upon, or for, any person, any property or benefit of any kind, is
guilty of a felony and is liable to imprisonment for seven years.
The offender cannot be arrested without warrant.

The publication of defamatory matter is not an offence if the publication is, at the time
it is made, for the public benefit and if the defamatory matter is true.

The publication of defamatory matter is absolutely privileged, and no person is
criminally liable in respect thereof, in the following cases‐
[L.N. 257 of 1959. L.N. 112 of 1964. 1967 No. 27.]
(1) if the matter is published by the President, Minister or a Governor or by order of the
President,
Minister or a Governor in any official document, Gazette or proceedings; or
(2) if the publication is made in a petition to the President, Minister, or a Governor; or
(3) if the publication takes place in proceedings held before or under the authority of
any court, or in any inquiry held under the authority of any Act, law, statute, or order,
or under the authority of the President, Minister, or a Governor; or
(4) if the publication takes place in an official report made by a person appointed to
hold an inquiry under the authority of any Act, law, statute, or Order in Council, or of
the President, Minister, or a Governor; or
(5) if the matter is published concerning a person subject to military discipline for the
time being, and relates to his conduct as a person subject to such discipline, and is
published by some person having authority over him in respect of such conduct, and to
some person having authority over him in respect of such conduct.
[L.N. 257 of 1959. L.N. 112 of 1964. 1967 No. 19. 1967 No. 27.]

The publication of defamatory matter is conditionally privileged, and no person is
criminally liable in respect thereof, in the following cases‐
(1) if the defamatory matter consists of an extract from, or an abstract of, a petition to,
or a Gazette or document published by or under the authority of, the President or a
Governor of a State, or a Minister, and the publication is made without ill‐will to the
person defamed; or
(2) if the defamatory matter constitutes, in whole or in part, a fair report, for the
information of the public, of any public proceeding of any court, whether preliminary or
final; or of any public proceeding of any body, constituted, or authorised to hold such
proceeding by any Act, law, statute or order; or of any public meeting so far as the
public is concerned in the matter published; if in every such case the publication is
made without ill‐will to the person defamed; or
(3) if the publication is for the information of the public at the request of any
government department or peace officer, or if the defamatory matter is any notice or
report issued by such department or officer, for the information of the public, and if in
every such case the publication is made without ill‐will to the person defamed; or
(4) if the defamatory matter consists of fair comment either on any matter the
publication of which, or on any report which, is hereinbefore in the preceding or this
section referred to; or
(5) if the defamatory matter consists of fair comment upon the public conduct of any
person in public affairs, or upon the public conduct of any person employed in the
public service in the discharge of his public duties, or upon the character of any of
such persons so far as it appears by such conduct; or
(6) if the defamatory matter consists of fair comment on any published book or other
literary production, or any composition or work of art, or performance publicly
exhibited, or any other communication made to the public on any subject; or of the
character of the author of such book, production, composition, work of art, or the
person exhibiting such performance, so far as their characters may appear therefrom
respectively; or
(7) if the publication is in good faith for the purpose of seeking remedy or redress for
any private or public wrong or grievance from a person who has, or is reasonably
believed by the person publishing to have, the right to remedy or redress such wrong
or grievance; or
(8) if the publication is made in good faith by a person having any lawful authority over
another, and is made by him in the course of a censure passed by him on the conduct
of that other, in matters to which such lawful authority relates; or
(9) if the publication is made on the invitation or challenge of the person defamed; or
(10) if the publication is made in order to answer or refute some other defamatory
matter published by the person defamed, concerning the person making the
publication or some other person; or
(11) if the defamatory matter constitutes an answer to inquiries made of the person
publishing it, relating to some subject as to which the person by whom or on whose
behalf the inquiry is made, has, or on reasonable grounds is believed by the person
publishing to have, an interest in knowing the truth, and if the publication is made in
good faith for the purpose of giving information in respect of that matter to that
person; or
(12) if the defamatory matter constitutes information given to the person to whom the
defamatory matter is published, with respect to some subject as to which he has, or is
on reasonable grounds believed to have, such an interest in knowing the truth, as to
make the conduct of the person giving the information reasonable in the
circumstances:
Provided that as regards paragraphs (7), (8), (9), (10) and (11) of this section, the
person making the publication honestly believes the matter published to be true, the
matter published is relevant to the matters the existence of which may excuse the
publication of defamatory matter, and the manner and extent of the publication do not
exceed what is reasonably sufficient for the occasion; and as regards paragraphs (12)
that the defamatory matter is relevant to the subject therein mentioned, and that it is
either true, or is made without ill‐will to the person defamed and in the honest belief,
on reasonable grounds, that it is true.

(1) In this section and section 381 of this Code, the term "periodical" includes any
newspaper, review, magazine, or other writing or print, published periodically.
(2) The criminal responsibility of the proprietor, editor, or publisher, of any periodical
for the publication of any defamatory matter contained therein, may be rebutted by
proof that such publication took place without his knowledge and without negligence
on his part.

The sale by any person of any book, pamphlet, or other printed or written matter, or of
any number or part of any periodical, is not a publication thereof for the purposes of
this Chapter, unless such person knows that such book, pamphlet, printed or written
matter, or number or part, contains defamatory matter; or, in the case of any part or
number of any periodical, that such periodical habitually contains defamatory matter.
Part 6. Offences relating to property and contracts
Division 1. Stealing and like offences
Chapter 34. Stealing

Every inanimate thing whatever which is the property of any person, and which is
movable, is capable of being stolen.
Every inanimate thing which is the property of any person, and which is capable of
being made movable, is capable of being stolen as soon as it becomes movable,
although it is made movable in order to steal it.
Every tame animal, whether tame by nature or wild by nature and tamed, which is the
property of any person, is capable of being stolen: but tame pigeons are not capable of
being stolen except while they are in a pigeon‐house or on their owner's land.
A thing in action is capable of being stolen.
Animals wild by nature, of a kind which is not ordinarily found in a condition of natural
liberty in Nigeria, which are the property of any person, and which are usually kept in a
state of confinement, are capable of being stolen, whether they are actually in
confinement or have escaped from confinement.
[1966 No. 84.]
Animals wild by nature, of a kind which is ordinarily found in a condition of natural
liberty in Nigeria, which are the property of any person, are capable of being stolen
while they are in confinement and while they are being actually pursued after escaping
from confinement, but not at any other time.
An animal wild by nature is deemed to be in a state of confinement so long as it is in a
den, cage, sty, tank, or other small enclosure, or is otherwise so placed that it cannot
escape and that its owner can take possession of it at pleasure.
An ostrich on an enclosed ostrich farm is capable of being stolen. The term "animal"
includes any living creature other than mankind.
Wild animals in the enjoyment of their natural liberty are not capable of being stolen,
but their dead bodies are capable of being stolen.
Everything produced by or forming part of the body of an animal capable of being
stolen is capable of being stolen.

(1) A person who fraudulently takes anything capable of being stolen, or fraudulently
converts to his own use or to the use of any other person anything capable of being
stolen, is said to steal that thing.
(2) A person who takes or converts anything capable of being stolen IS deemed to do
so fraudulently If he does so with any of the following intents‐
(a) an intent permanently to deprive the owner of the thing of it;
(b) an intent permanently to deprive any person who has any special property in the
thing of such property;
(c) an intent to use the thing as a pledge or security;
(d) an intent to part with it on a condition as to its return which the person taking or
converting it may be unable to perform;
(e) an intent to deal with it in such a manner that it cannot be returned in the condition
in which it was at the time of the taking or conversion;
(f) in the case of money, an intent to use it at the will of the person who takes or
converts it, although he may intend afterwards to repay the amount to the owner.
The term "special property" includes any charge or lien upon the thing in question, and
any right arising from or dependent upon holding possession of the thing in question,
whether by the person entitled to such right or by some other person for his benefit.
(3) The taking or conversion may be fraudulent, although it is effected without secrecy
or attempts at concealment.
(4) In the case of conversion, it is immaterial whether 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. It is also immaterial that 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.
(5) 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 if at the time of the
conversion the person taking or converting the thing does not know who is the owner,
and believes on reasonable grounds that the owner cannot be discovered.
(6) A person shall not be deemed to take a thing unless he moved the thing or causes
it to move.

(1) When a factor or agent pledges or gives a lien on any goods or documents of title
to goods entrusted to him for the purpose of sale or otherwise for any sum of money
not greater than the amount due to him from his principal at the time of pledging or
giving the lien, together with the amount of any bill of exchange or promissory note
accepted or made by him for or on account of his principal, such dealing with the
goods or document of title is not deemed to be stealing.
(2) When a servant, contrary to his master's orders, takes from his possession any
food in order that it may be given to an animal belonging to or in the possession of his
master, such taking is not deemed to be stealing.

When a person receives, either alone or jointly with another person, any money or
valuable security or a power of attorney for the sale, mortgage, pledge, or other
disposition, of any property, whether capable of being stolen or not, with a direction in
either case that such money or any part thereof, or any other money received in
exchange for it, or any part thereof, or the proceeds or any part of the proceeds of
such security, or of such security, or of such mortgage, pledge, or other disposition,
shall be applied to any purpose or paid to any person specified in the direction, such
money and proceeds are deemed to be the property of the person from whom the
money, security or power of attorney, was received until the direction has been
complied with:
Provided that if the person receiving the money, security, or power of attorney, and
the person from whom he receives it, ordinarily deal with each other on such terms
that in the absence of any special direction all money paid to the former on account of
the latter would be properly treated as an item in a debtor and creditor account
between them, the former cannot be charged with stealing the money or any proceeds
unless the direction is in writing.

When a person receives, either alone or jointly with another person, any property from
another on terms authorising or requiring him to sell it or otherwise dispose of it, and
requiring him to pay or account for the proceeds of the property, or any part of such
proceeds, or to deliver anything received in exchange of the property, to the person
from whom it is received, or some other person, then the proceeds of the property,
and anything so received in exchange for it, are deemed to be the property of the
person from whom the property was so 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 and the person to whom he is to pay them or account for them,
and that the relation of debtor and creditor only shall exist between them in respect
thereof.

When a person receives, either alone or jointly with another person, any money on
behalf of another, the 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 relation of debtor and creditor only
shall exist between the parties in respect of it.

When any person takes or converts anything capable of being stolen, in such
circumstances as would otherwise amount to stealing, it is immaterial that he himself
has a special property or interest therein or that he himself is the owner of the thing
taken or converted subject to some special property or interest of some other person
therein; or that he is lessee of the thing, or that he himself is one of two or more joint
owners of the thing; or that he is a director or officer of a corporation or company or
society who are the owners of it.

A person who, while a man and his wife are living together, procures either of them to
deal with anything which is, to his knowledge, the property of the other in a manner
which would be stealing, if they were not married, is deemed to have stolen the thing,
and may be charged with stealing it.

Any person who steals anything capable of being stolen, is guilty of a felony and is
liable, if no other punishment is provided, to imprisonment for three years.
Punishment in special cases
Stealing wills
(1) If the thing stolen is a testamentary instrument, whether the testator is living or
dead, the offender is liable to imprisonment for life.
Stealing postal matter, etc.
(2) If the thing stolen is a postal matter or any chattel, money, or valuable security,
contained in any postal matter, the offender is liable to imprisonment for life.
Stealing cattle
(3) If the thing stolen is any of the things following, that it to say: a horse, mare,
gelding, ass, mule, camel, bull, cow, ox, ram, ewe, wether, goat or pig, or the young of
any such animal, the offender is liable on conviction to pay a fine of two hundred naira
or to imprisonment for two years.
Stealing from the person; stealing goods in transit, etc.
(4) 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 in a dwelling‐house, and its value exceeds ten naira, or the
offender at or immediately before or after the time of stealing uses or threatens to use
violence to any person in the dwelling‐house;
(c) if the thing is stolen from any kind of vessel or vehicle or place of deposit used for
the conveyance or custody of goods in transit from one place to another;
(d) if the thing stolen is attached to or forms part of a railway;
(e) if the thing is stolen from a vessel which is in distress or wrecked or stranded;
(f) if the thing is stolen from a public office in which it is deposited or kept;
(g) 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,
the offender is liable to imprisonment for seven years.
Stealing by persons in public service
(5) 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
employment, he is liable to imprisonment for seven years.
Stealing by clerks and servants
(6) If the offender is a clerk or servant and the thing stolen is the property of his
employer or came into the possession of the offender on account of his employer, he is
liable to imprisonment for seven years.
Stealing by directors or officers of companies
(7) 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, he is liable to imprisonment for
seven years.
Stealing by agents, etc.
(8) If the thing stolen is any of the following things‐
(a) property which has been received by the offender with a power of attorney for the
disposition thereof;
(b) property which has been entrusted to the offender either alone or jointly with any
other person for him to retain in safe custody or to apply, pay or deliver for any
purpose or to any person the same or any part thereof or any proceeds thereof;
(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 thereof should be applied to any
purpose or paid to any person specified in the direction;
(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 such
proceeds should be applied to any purpose or paid to any person specified in the
direction,
the offender is liable to imprisonment for seven years.
Stealing property of value of N1,000
(9) If the thing stolen is of the value of one thousand naira or upwards, the offender is
liable to imprisonment for seven years.
Stealing by tenants or lodgers
(10) If the thing stolen is a fixture or chattel let to the offender to be used by him with
a house or lodging, and its value exceeds ten naira, he is liable to imprisonment for
seven years.
(10A) If the thing stolen is a motor vehicle or motor cycle the offender shall upon
conviction be sentenced to imprisonment for not less than five years but not more
than seven years without the option of a fine.
Stealing after previous conviction
(11) If the offender, before committing the offence, has been convicted of any of the
felonies or misdemeanors defined in this division of this Part of this Code, he is liable
to imprisonment for seven years.
Chapter 35. Offences analogous to stealing

Any person who, with intent to defraud, conceals or 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 a copy of any part of any such register which is required by law
to be sent to any public officer, is guilty of a felony and is liable to imprisonment for
fourteen years.

Any person who, with intent to defraud, conceals any testamentary instrument,
whether the testator is living or dead, is guilty of a felony and is liable to imprisonment
for fourteen years.

Any person who, with intent to defraud, conceals the whole or part of any document
which is evidence of title to any land or estate in land, is guilty of a felony and is liable
to imprisonment for three years.

Any person who kills any animal capable of being stolen with intent to steal the skin or
carcass, or any part of the skin or carcass, is guilty of an offence and is liable to the
same punishment as if he had stolen the animal.

Any person who makes anything movable with the intent to steal it, is guilty of an
offence and is liable to the same punishment as if he has stolen the thing after it had
become movable.

Any person who takes, conceals, or otherwise disposes of, any ore of any metal or
mineral in or
about a mine, with intent to defraud any person, is guilty of a felony and is liable to
imprisonment for three years.

Any person who, having at any place not in Nigeria obtained any property by any act
which if it had been done in Nigeria would have constituted the offence of stealing,
and which is an offence under the laws in force in the place where it was done, brings
such property into the country, or has it in his possession in Nigeria, is guilty of an
offence, and is liable to the same punishment as if he had stolen it in Nigeria; but so
that the punishment does not exceed that which would be incurred for the same act
under the laws in force in the place where the act by which he obtained the property
was done.

Any person who, being the mortgagor of mortgaged goods, removes or disposes of the
goods without the consent of the mortgagee and with intent to defraud, is guilty of a
felony and is liable to imprisonment for three years.
The offender cannot be arrested without warrant.

In section 398 of this Code, the term "mortgaged goods" 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 the provisions of the written instrument by which a valid charge or lien is
created upon them by way of security of any debt or obligation.
The consent of the mortgagee may be either express or implied from the nature of the
property mortgaged.

Any person who fraudulently abstracts or diverts to his 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, is guilty of a felony
and is liable to imprisonment for three years.
The offender cannot be arrested without warrant.
Chapter 36. Stealing with violence: extortion by threats

Any person who steals anything and, at or immediately before or immediately after the
time of stealing it, uses or threatens to use actual violence to any person or property
in order to obtain or retain the thing stolen or to prevent or overcome resistance to its
being stolen or retained, is said to be guilty of robbery.

(1) Any person who commits the offence of robbery shall upon conviction be sentenced
to imprisonment for not less than 21 years.
(2) If‐
(a) any offender mentioned in subsection (1) of this section is armed with any firearms
or any offensive weapon or any obnoxious or chemical materials or is in company with
any person so armed; or
(b) at or immediately before or immediately after the time of robbery the said offender
wounds any person,
the offender shall upon conviction be sentenced to death.

(1) Any person who with intent to steal anything, assaults any other person and at or
immediately after the time of assault, uses or threatens to use actual violence to any
other person or any property in order to obtain the thing intended to be stolen shall
upon conviction be sentenced to imprisonment for not less than fourteen years but not
more than twenty years.
[1970 No. 47.]
(2) If‐
(a) any offender mentioned in subsection (1) of this section, is armed with any firearms
or any offensive weapon or is in company with any other person so armed; or
(b) 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 shall upon conviction be sentenced to imprisonment for life with or
without whipping.
(3) Any person found in any public place in possession of any firearms, whether real or
imitation, and in circumstances reasonably indicating that the possession of the
firearms is with intent to the immediate or eventual commission by that person or any
other person of any offence under section 402 of this Code shall upon conviction be
sentenced to imprisonment for not less than fourteen years or more than twenty
years.

Any person who conspires with any person to commit an offence under section 402 of
this Code, whether or not he is present when the offence is committed or attempted to
be committed, shall be deemed to be guilty of the offence as a principal offender and
shall be punished accordingly.

For the purposes of sections 402, 403 and 403A of this Code‐
"firearms" includes any canon, gun, flint‐lock gun, revolver, pistol, explosive or
ammunition or other firearm, whether whole or in detached pieces;
"offensive weapon" means any article, apart from a firearm, made or adapted for use
for causing injury to the person or intended by the person having it for such use by
him and it includes an air gun, air pistol, bow and arrow, spear, cutlass, matchet,
dagger, cudgel, or any piece of wood, metal, glass or stone capable of being used as
an offensive weapon.

(1) Any person who, being employed in the public service of Nigeria, or in that of any
other government, corruptly and under colour of his employment‐
(a) demands or takes property from any person; or
(b) compels any person to sell any property at other than its fair market value; or
(c) obtains lodging from and against the will of any person without payment or for
inadequate payment; or
(d) compels, whether partially or wholly for his own profit, any person to work without
payment or for inadequate payment,
is guilty of a felony and is liable to imprisonment for five years.
(2) Any person who, falsely representing himself by words, conduct, or otherwise, to be
a person employed in the public service of Nigeria, or of any other government, or to
be an agent of or act under the authority of, the government, unlawfully and in such
assumed character‐
(a) does any of the acts or things specified in paragraphs (a), (b), (c), and (d) of
subsection (1) of this section; or
(b) compels or orders any person to hand any property over to any other person,
whether such property does or does not rightly belong, or is or is not rightly due, to the
last‐ named person,
is guilty of a felony and is liable to imprisonment for five years.
(3) Any person attempting, or inciting, soliciting, counselling, procuring, aiding, or
abetting any person to commit any of the offences enumerated in subsections (1) and
(2) of this section, is guilty of a felony and is liable to imprisonment for five years.

Any person who assaults any person with intent to steal anything, is guilty of a felony
and is liable to imprisonment for three years.

Any person who, with intent to steal anything, demands it from any person with
threats of any injury or detriment of any kind to be caused to him, either by the
offender or by any other person, if the demand is not complied with, is guilty of a
felony and is liable to imprisonment for three years.

Any person who, with intent to extort or gain 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, is guilty of a felony,
and is liable to imprisonment for fourteen years.

Any person who, with intent to extort or gain anything from any person‐
(1) accuses or threatens to accuse any person of committing any felony or
misdemeanor, 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 misdemeanor; or
(2) threatens that any person shall be accused by any other person of any felony or
misdemeanor or of any such act; or
(3) knowing the contents of the writing, causes any person to receive any writing
containing any such accusation or threat as aforesaid,
is guilty of a felony and if the accusation or threat of accusation is of‐
(a) an offence for which the punishment of death or imprisonment for life may be
inflicted; or
(b) any of the offences defined in Chapter 21 of this Code, or an attempt to commit
any of such offences; or
(c) an assault with intent to have carnal knowledge of any person against the order of
nature, or an unlawful and indecent assault upon a male person; or
(d) an attempt to commit the offence of rape, or an assault with intent to commit the
offence of rape, or an unlawful and indecent assault upon a woman or girl; or
(e) a solicitation or threat offered or made to any person as an inducement to commit
or permit the commission of any of the offences aforesaid, the offender is liable to
imprisonment for fourteen years.
In any other case, the offender is liable to imprisonment for three years.
It is immaterial whether the person accused or threatened to be accused has or has
not committed the offence or act of which he is accused or threatened to be accused.

Any person who, with intent to defraud, and by means of any unlawful violence to, or
restraint of, the person 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 misdemeanor, 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
(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,
is guilty of a felony and is liable to imprisonment for fourteen years.
Chapter 37. Burglary: Housebreaking: and like offences

A person who breaks any part, whether external or internal, of a building, or opens by
unlocking, pulling, pushing, lifting, or any other means whatever, 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.
A person is said to enter a building as soon as any part of his body or any part of any
instrument used by him is within the building.
A person who obtains entrance into a building by means of any threat or artifice used
for that purpose, or by collusion with any person in the building, or who enters any
chimney or other aperture of the building permanently left open for any necessary
purpose, but not intended to be ordinarily used as a means of entrance, is deemed to
have broken and entered the building.

Any person who‐
(1) breaks and enters the dwelling‐house of another with intent to commit a felony
therein; or
(2) having entered the dwelling‐house of another with intent to commit a felony
therein, or having committed a felony in the dwelling‐house of another, breaks out of
the dwelling‐house,
is guilty of a felony and is liable to imprisonment for fourteen years.
If the offence is committed in the night, the offender is liable to imprisonment for life.

Any person who enters or is in the dwelling‐house of another with intent to commit a
felony therein, is guilty of a felony and is liable to imprisonment for seven years.
If the offence is committed in the night, the offender is liable to imprisonment for
fourteen years.

Any person who‐
(1) breaks and enters a schoolhouse, shop, warehouse, store, office, or
counting‐house, or a building which is adjacent to a dwelling‐house and occupied with
it but is not part of it, and commits a felony therein; or
(2) having committed a felony in a schoolhouse, shop, warehouse, store, office, or
counting‐ house, or in any such other building as last mentioned, breaks out of the
building,
is guilty of a felony and is liable to imprisonment for fourteen years.

Any person who breaks and enters a schoolhouse, shop, warehouse, store, office, or
counting‐house, or a building which is adjacent to a dwelling‐house and occupied with
it but is not part of it, with intent to commit a felony therein, is guilty of a felony and is
liable to imprisonment for seven years.

Any person who breaks and enters a building ordinarily used for religious worship and
commits a felony therein, or having committed a felony in any such building breaks
out of it, is guilty of a felony and is liable to imprisonment for fourteen years.

Any person who breaks and enters a building ordinarily used for religious worship, with
intent to commit a felony therein, is guilty of a felony and is liable to imprisonment for
seven years.

Any person who is found in any of the following circumstances‐
(a) being armed with any dangerous or offensive weapon or instrument, and being so
armed with intent to break or enter a dwelling‐house, and to commit a felony therein;
(b) being armed as aforesaid by night, and being so armed with intent to break or
enter any building whatever, and to commit a felony therein;
(c) having in his possession by night without lawful excuse, the proof of which lies on
him, any instrument of housebreaking;
(d) having in his possession by day, any such instrument with intent to commit a
felony;
(e) having his face masked or blackened or being otherwise disguised, with intent to
commit a felony;
(f) being in any building whatever by night with intent to commit a felony therein; or
(g) being in any building whatever by day with intent to commit a felony therein, and
having taken precautions to conceal his presence,
is guilty of a felony and is liable to imprisonment for three years.
If the offender has been previously convicted of a felony relating to property, he is
liable to imprisonment for seven years.
Chapter 38. Obtaining property by false pretences: cheating

Any representation made by words, writing, or conduct, of a matter of fact, either past
or present, which representation is false in fact and which the person making it knows
to be false or does not believe to be true, is a false pretence.

Any person who by any false pretence, and with intent to defraud, 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, is guilty of a felony and is liable to
imprisonment for three years.
If the thing is of the value of one thousand naira or upwards, he is liable to
imprisonment for seven years.
It is immaterial that the thing is obtained or its delivery is induced through the medium
of a contract induced by the false pretence.
The offender cannot be arrested without warrant unless found committing the offence.

(1) Any person who by any false pretence or by means of any other fraud obtains
credit for himself or any other person‐
[1966 No. 84.]
(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,
is guilty of a felony and is liable to imprisonment for three years.
(2) The offender cannot be arrested without warrant unless found committing the
offence.

Where in any proceedings for an offence under section 419 or 4l9A of this Code it is
proved that the accused‐
[1966 No. 84.]
(a) obtained or induced the delivery of anything capable of being stolen; or
(b) obtained credit for himself or any other person, by means of a cheque that, when
presented for payment within a reasonable time, was dishonoured on the ground 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 accused issued the cheque he had reasonable
grounds for believing, and did in fact believe, that it would be honoured if presented
within a reasonable time after its issue by him.

Any person who by any false pretence, and with intent to defraud, induces any person
to execute, make, 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, is guilty of a felony and is liable to imprisonment for
three years.
The offender cannot be arrested without warrant unless found committing the offence.

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 would
have paid or delivered but for such trick or device, is guilty of a misdemeanor and is
liable to imprisonment for two years.
A person found committing the offence may be arrested without warrant.

Any person who conspires with another by deceit or any fraudulent means to affect the
market price of anything publicly sold, or to defraud the public or any person, whether
a particular person or not, or to extort any property from any person, is guilty of a
felony and is liable to imprisonment for seven years.
The offender cannot be arrested without warrant.

Any person who, being a seller or mortgagor of any property, or being the solicitor or
agent of any such seller or mortgagor, with intent to induce the purchaser or
mortgagee to accept the title offered or produced to him, and with intent to defraud‐
(1) conceals from the purchaser or mortgagee any instrument material to the title, or
any encumbrance; or
(2) falsifies any pedigree on which the title depends or may depend; or
(3) makes any false statement as to the title offered or conceals any fact material
thereto, is guilty of a misdemeanor and is liable to imprisonment for two years.

Any person who for gain or reward pretends to exercise or use any kind of witchcraft,
juju, sorcery, enchantment, or conjuration, or undertakes to tell fortunes, or pretends
from his 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, is guilty of a
misdemeanor and is liable to imprisonment for one year.

Any person who wilfully procures or attempts to procure for himself or any other
person any registration, licence or certificate under any Act or law or under any
regulation made under the Nigerian (Constitution) Order in Council, 1951, or the
Nigerian (Constitution) order in Council, 1954, or the Constitution of the Federal
Republic of Nigeria, by any false pretence, is guilty of a misdemeanor, and is liable to
imprisonment for one year.
[L.N. 155 of 1960. Cap. C23.]

Chapter 39. Receiving property stolen or fraudulently obtained and like
offences

Any person who receives anything which has been obtained by means of any act
constituting a felony or misdemeanor, or by means of any act done at a place not in
Nigeria, which if it had been done in Nigeria would have constituted a felony or
misdemeanor, and which is an offence under the laws in force in the place where it
was done, knowing the same to have been so obtained, is guilty of a felony.
If the offence by means of which the thing was obtained is a felony, the offender is
liable to imprisonment for fourteen years, except in the case in which the thing so
obtained was postal matter, or any chattel, money or valuable security contained
therein, in which case the offender is liable to imprisonment for life.
In any other case the offender is liable to imprisonment for seven years.
For the purpose of proving the receiving of anything, it is sufficient to show that the
accused person has, either alone or jointly with some other person, had the thing in his
possession, or has aided in concealing it or disposing of it.

forces
Any person who‐
[L.N. 112 of 1964.]
(a) knowingly detains, buys, exchanges, or receives, from any non‐commissioned
officer or private of the armed forces of Nigeria or from any member of the police
forces, or from any deserter from either of such forces, or from any person acting for
and on behalf of any of the persons above named; or
(b) solicits or entices any of the said persons to sell, make away with, or dispose of; or
(c) shall be employed by any of the said persons, well knowing him to belong to one or
other of such forces in one of the several capacities hereinbefore mentioned, or to be a
deserter from any of the said forces, to sell, make away with, or dispose of; or
(d) shall have in his possession and not give a satisfactory account of his possession of
any arms, ammunition, clothing, accoutrements, medals or other appointments,
furnished for the use of the armed forces of Nigeria or of the police forces,
is liable to a fine of forty naira and to pay double the value of all or any of the several
articles which he shall so become or be possessed of.

When a thing has been obtained by means of any act constituting a felony or
misdemeanor, or by means of an act done at a place not in Nigeria, which if it had
been done in Nigeria would have constituted an offence, and which is an offence under
the laws in force in the place where it was done, and another person has acquired a
lawful title to it, a subsequent receiving of the thing is not an offence although the
receiver knows that the thing had previously been so obtained.

been stolen
(1) Any person who is charged before any court with having in his possession or under
his control in any manner or in any place, or for that he at any time within the three
months immediately preceding the making of the complaint, did have in his possession
or under his control in any manner or in any place, anything which is reasonably
suspected of having been stolen or unlawfully obtained, and who does not give an
account, to the satisfaction of the court, as to how he came by the same, is guilty of an
offence and is liable on conviction to a fine of two hundred naira or to imprisonment
for six months.
(2) Where any person is charged before any court with having or with having had in his
possession or under his control in any manner or in any place anything which has been
stolen or unlawfully obtained, or which is reasonably suspected of having been stolen
or unlawfully obtained, and declares that he received the same for some other person
or that he was employed as a carrier, agent or servant for some other person, the
court is hereby authorised and required, if practicable, to cause every such other
person and also if necessary every former or pretended purchaser or other person
through whose possession such thing as aforesaid has passed or who has had control
thereof, to be brought before it and to examine witnesses upon oath touching the
same; and if it appears to the court that any person has had possession or control of
such thing and had reasonable cause to believe the same to have been stolen or
unlawfully obtained, every such person shall be deemed to have had possession or
control of such thing at the time and place when and where the same was found or
seized, and is guilty of an offence and liable, on conviction to a fine of two hundred
naira or to imprisonment
for six months.
(3) The possession of or control by a carrier, agent or servant shall be deemed to be
the possession of or control by the person who employed such carrier, agent or
servant to have or deal with such thing and such person shall be liable on conviction to
the punishment herein mentioned.
(4) The offender may be arrested without warrant.

Any person who unlawfully uses a horse, mare, gelding, ass, mule, camel, ostrich, bull,
cow, ox, ram, ewe, wether, goat, or pig, or the young of any such animal, or any cycle
or other vehicle whatsoever without the consent of the owner, or of the person in
lawful possession thereof, is guilty of a misdemeanor, and is liable to imprisonment for
one year, or to a fine of forty naira for every animal or vehicle so used.
The offender may be arrested without warrant by a police officer, or by the owner of
the property in question, or his servant, or by any person authorised by such owner or
servant.

When any horse, mare, gelding, ass, mule, camel, ostrich, bull, cow, ox, ram, ewe,
wether, goat, or pig, or the young of any of such animal is suspected, on reasonable
grounds, to have been stolen, any person in whose possession or custody the skin,
feathers or carcass, or any part of the skin or carcass, of the animal or bird so
suspected to have been stolen, is found, is guilty of an offence, unless he proves that
he came lawfully by the thing in question; and he is liable to a fine of one hundred
naira.
The offender may be arrested without warrant by a police officer, or by the owner of
the property in question, or his servant, or by any person authorised by such owner or
servant.

felony or misdemeanour
Any person who corruptly receives or obtains, or corruptly agrees to receive or obtain,
any property or benefit of any kind upon an agreement or understanding that he will
help any person to recover anything which has been obtained by means of any act
constituting a felony or misdemeanor, or by means of any act done at a place not in
Nigeria, which if it had been done in Nigeria would have constituted an offence, and
which is an offence under the laws in force in the place where it was done, is, unless
he has used all due diligence to cause the offender to be brought to trial for the
offence, guilty of a felony, and liable to imprisonment for seven years.
Chapter 40. Frauds by trustees and officers of companies and corporations:
false accounting

Any person who, being a trustee of any property, destroys the property with intent to
defraud, or, with intent to defraud, converts the property to any use unauthorised by
the trust, is guilty of a felony and is liable to imprisonment for seven years.
The offender cannot be arrested without warrant.
If civil proceedings have been taken against a trustee in respect of any act done by
him, which is an offence under the provisions of this section of this Code, he cannot be
afterwards prosecuted for the same cause, as for an offence, on the complaint of the
person by whom the civil proceedings were taken without the sanction of the court or
judge before whom the civil proceedings were had or are pending.
For the purposes of this section, the term "trustee" includes the following persons and
no others‐
(a) trustees upon express trusts 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 an Act, law or statute for any such
purpose;
(c) persons upon whom the duties of any such trust as aforesaid devolve;
(d) executors and administrators.

appropriating property or keeping fraudulent accounts, or falsifying books or
accounts
Any person who‐
(1) being a director or officer of a corporation or company, receives or possesses
himself as such of any of the property of the corporation or company otherwise than in
payment of a just debt or demand, and, with intent to defraud, omits either to make a
full and true entry thereof in the books and accounts of the corporation or company, or
to cause or direct such an entry to be made therein; or
(2) being a director, officer, or member of a corporation or company, 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 the corporation or company, or any entry in any such book,
documents, or account, or is privy to any such act; or
(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 particular from any such book, document
or account,
is guilty of a felony and is liable to imprisonment for seven years.
The offender cannot be arrested without warrant.

Any person who, being a promoter, director, officer, or auditor, of a corporation or
company, either existing or intended to be formed, makes, circulates, or publishes, or
concurs in making, circulating, or publishing, any written statement or account which
in any material particular, is to his knowledge false, with intent thereby to effect any of
the following purposes‐
(a) to deceive or to defraud any member, shareholder, or creditor, of the corporation
or company, whether a particular person or not;
(b) to induce any person, whether a particular person or not, to become a member of,
or to entrust or advance any property to, the corporation or company, or to enter into
any security for the benefit thereof,
is guilty of a felony and is liable to imprisonment for seven years.
The offender cannot be arrested without warrant.

It is a defence to a charge of any of the offences defined in this Chapter to prove that
the accused person, before being charged with the offence, and in consequence of the
compulsory process of a court in any action or proceedings instituted in good faith by a
party aggrieved, or in a compulsory examination or deposition before a court,
disclosed on oath the act alleged to constitute the offence.
A person is not entitled to refuse to answer any question or interrogatory in any civil
proceeding in any court, on the ground that his doing so might tend to show that he
had committed any such offence.

Any person who, being a clerk or servant, or being employed or acting in the capacity
of a clerk or servant, 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 his employer, or has been received
by him on account of his employer, or any entry in any such book, document, or
account, or is privy to any such act; or
(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 particular from any such book,
document, or account,
is guilty of a felony and is liable to imprisonment for seven years.

Any person who, being an officer charged with the receipt, custody, or management of
any part of the public revenue, knowingly furnishes any false statement or return of
any money or property received by him or entrusted to his care, or of any balance of
money or property in his possession or under his control, is guilty of a misdemeanor
and is liable to imprisonment for two years.
Division 2. Injuries to property
Chapter 41. Definitions

An act which causes injury to the property of another, and which is done without his
consent, is unlawful unless it is authorised or justified or excused by law.
It is immaterial that the person who does the injury is in possession of the property
injured or has a partial interest in it.
A person is not criminally responsible for any injury caused to property by the use of
such force as is reasonably necessary for the purpose of defending or protecting
himself, or any other person, or any property, from injury which he believes, on
reasonable grounds, to be imminent.

When an act which causes injury to property, and which would be otherwise lawful, is
done with intent to defraud any person, it is unlawful.
When an act which causes injury to property is done with intent to defraud any person,
it is immaterial that the property in question is the property of the offender himself.

The term "damage" used in relation to a document, or to a writing or inscription,
includes obliterating and rendering illegible, either in whole or in part.
Chapter 42. Offences

Any person who wilfully sets fire to any of the following things‐
(a) any building or structure whatever, whether completed or not;
(b) any vessel, whether completed or not;
(c) any stack of cultivated vegetable produce, or of mineral or vegetable fuel;
(d) a mine, or the workings, fittings, or appliances of a mine, is guilty of a felony and is
liable to imprisonment for life.

Any person who‐
(1) attempts unlawfully to set fire to any such thing as is mentioned in section 443 of
this Code;
or
(2) wilfully and unlawfully sets fire to anything which is so situated that any such thing
as is mentioned in section 443 of this Code is likely to catch fire from it,
is guilty of a felony and is liable to imprisonment for fourteen years.

Any person who wilfully and unlawfully sets fire to any of the following things‐
(a) a crop of cultivated vegetable produce, whether standing or cut;
(b) a crop of hay or grass under cultivation, whether the natural or indigenous
products of the soil or not, and whether standing or cut;
(c) any standing trees, saplings, or shrubs, whether indigenous or not, under
cultivation, is guilty of a felony and is liable to imprisonment for fourteen years.

Any person who‐
(a) attempts unlawfully to set fire to any such thing as is mentioned in section 445 of
this Code; or
(b) wilfully and unlawfully sets fire to anything which is so situated that any such thing
as is
mentioned in section 445 of this Code is likely to catch fire from it, is guilty of felony
and is liable to imprisonment for seven years.

Any person who‐
(1) wilfully and unlawfully casts away or destroys any vessel, whether complete or not;
or
(2) wilfully and unlawfully does any act which tends to the immediate loss or
destruction of a vessel in distress; or
(3) 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,
is guilty of a felony and is liable to imprisonment for life.

Any person who attempts unlawfully to cast away or destroy a vessel, whether
completed or not, or attempts unlawfully to do any act tending to the immediate loss
or destruction of a vessel in distress, is guilty of a felony and is liable to imprisonment
for fourteen years.

Any person who unlawfully and with intent to obstruct the use of a railway or to injure
any property upon a railway‐
(1) deals with the railway or with anything whatever upon or near the railway in such a
manner as to affect or endanger the free and safe use of the railway; or
(2) shows any light or signal, or in any way deal with any existing light or signal, upon
or near the railway; or
(3) by any omission to do any act which it is his duty to do, causes the free and safe
use of the railway to be endangered,
is guilty of a felony and is liable to imprisonment for life.

Any person who wilfully and unlawfully kills, maims, or wounds, any animal capable of
being stolen, is guilty of an offence.
If the animal in question is a horse, mare, gelding, ass, mule, camel, bull, cow, ox,
goat, pig, ram, wether, or ostrich, or the young of any such animal, the offender is
guilty of a felony and is liable to imprisonment for seven years.
In any other case the offender is guilty of a misdemeanor and is liable to imprisonment
for two years.

Any person who wilfully and unlawfully destroys or damages any property, is guilty of
an offence, which, unless otherwise stated, is a misdemeanor and he is liable, if no
other punishment is provided, to imprisonment for two years.
Punishment in special cases
Destroying or damaging an inhabited house or a vessel with explosives
(1) If the property in question is a dwelling‐house or a vessel, and the injury is caused
by the explosion of any explosive substance, and if‐
(a) any person is in the dwelling‐house or vessel; or
(b) the destruction or damage actually endangers the life of any person,
the offender is guilty of a felony and is liable to imprisonment for life.
River bank or wall, or navigation works, or bridges
(2) (a) If the property in question is a bank or wall of a river, canal, aqueduct,
reservoir, or
inland water, and the injury causes actual danger of inundation or damage to any land
or building; or
(b) if the property in question is a railway, or is a bridge, viaduct, or aqueduct, which is
constructed over a highway, railway or canal, or over which a railway, highway, or
canal passes, and the property is destroyed; or
(c) if the property in question, being a railway, or being any such bridge, viaduct, or
aqueduct, is damaged, and the damage is done with intent to render the railway,
bridge, viaduct, or aqueduct, or the highway, railway, or canal passing over or under
the same, or any part thereof, dangerous or impassable, and the same or any part
thereof is thereby rendered dangerous or impassable,
the offender is guilty of a felony and is liable to imprisonment for life.
Wills and registers
(3) If the property in question is 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, the offender is guilty of a felony and is
liable to imprisonment for fourteen years.
Wrecks
(4) If the property in question is a vessel in distress or wrecked, or stranded, or
anything which belongs to such vessel, the offender is guilty of a felony and is liable to
imprisonment for seven years.
Railways
(5) If the property in question is any part of a railway, or any work connected with a
railway, the offender is guilty of a felony, and is liable to imprisonment for fourteen
years.
Other things of special value
(6) (a) if the property in question, being a vessel, whether complete or not, is
destroyed; or
(b) if the property in question, being a vessel, whether complete or not, is damaged,
and the damage is done with intent to destroy it or render it useless; or manufacturing
machine, or a manufacturing implement, or a machine or appliance used or intended
to be used for performing any process connected with the preparation of any
agricultural or pastoral produce, is destroyed; or
(c) if the property in question is a light, beacon, buoy, mark, or signal, used for the
purposes of navigation, or for the guidance of persons engaged in navigation; or
(d) if the property in question is a bank or wall of a river, canal, aqueduct, reservoir, or
inland water, or a work which appertains to a dock, canal, aqueduct, reservoir, or
inland water, or which is used for the purposes of lading or unlading goods; or
(e) if the property in question, being a railway, or being a bridge, viaduct, or aqueduct,
which is constructed over a highway, railway or canal, or over which a highway,
railway, or canal passes, is damaged, and the damage is done with intent to render the
railway, bridge, viaduct, or aqueduct, or the highway, railway, or canal, passing over or
under the same, or any part thereof, dangerous or impassable; or
(f) if the property in question, being anything in process of manufacture, or an
agricultural or an agricultural or manufacturing machine, or a manufacturing
implement, or a machine or appliance used or intended to be used for performing any
process connected with the preparation of any agricultural or pastoral produce, is
destroyed ; or
(g) if the property in question, being any such thing, machine, implement, or
appliance, as last aforesaid, is damaged, and the damage is done with intent to
destroy the thing in question or to render it useless; or
(h) if the property in question is a shaft or a passage of a mine, and the injury is done
with intent to damage the mine or to obstruct its working; or
(i) if the property in question is a machine, appliance, apparatus, building, erection,
bridge, or road, appertaining to or used with a mine, whether the thing in question is
completed or not; or
(f) if the property in question, being a rope, chain, or tackle, or whatever material,
which is used in a mine, or upon any way or work appertaining to or used with a mine,
is destroyed; or
(k) if the property in question, being any such rope, chain, or tackle, as last aforesaid,
is damaged, and the damage is done with intent to destroy the thing in question or to
render it useless; or
(I) if the property in question is a well, or bore for water, or the dam, bank, wall, or
floodgate of a millpond or pool,
the offender is guilty of a felony, and is liable to imprisonment for seven years.
Deeds and records
(7) If the property in question is a document which is deposited or kept in a public
office, or which is evidence of title to any land or estate in land, the offender is guilty
of a felony and is liable to imprisonment for seven years.

Any person who, unlawfully and with intent to destroy or damage any property, puts
any explosive substance in any place whatever, is guilty of a felony and is liable to
imprisonment for fourteen years.

Any person who, with intent to injure a mine or to obstruct the working of a mine‐
(1) unlawfully, and otherwise than by an act done underground in the course of
working an adjoining mine‐
(a) causes water to run into the mine or into any subterranean passage
communicating with the mine; or
(b) obstructs any shaft or passage of the mine; or
(2) unlawfully obstructs the working of any machine, appliance, or apparatus,
appertaining to or used with the mine, whether the thing in question is completed or
not; or
(3) unlawfully and with intent to render it useless, injures or unfastens a rope, chain, or
tackle of whatever material, which is used in the mine or upon any way or work
appertaining to or used with the mine,
is guilty of a felony and is liable to imprisonment for seven years.

Any person who wilfully and unlawfully removes, defaces, or renders invisible, any
light, beacon, buoy, mark or signal, used for purposes of navigation, or for the
guidance of persons engaged in navigation, or unlawfully attempts to remove, deface
or render invisible, any such thing, is guilty of a felony and is liable to imprisonment for
seven years.

Any person who‐
(1) wilfully and unlawfully removes or disturbs any fixed objects or materials used for
securing a bank or wall of a river, canal, aqueduct, reservoir, or inland water, or for
securing any work which appertains to a dock, canal, aqueduct, reservoir, or inland
water, or which is used for purposes of navigation or lading or unlading goods; or
(2) unlawfully does any act with intent to obstruct the carrying on, completion, or
maintenance of the navigation of a navigable river or canal, and thereby obstructs
such carrying on, completion, or maintenance,
is guilty of a felony and is liable to imprisonment for seven years.

Any person who wilfully and unlawfully causes, or is concerned in causing, or attempts
to cause, any infectious disease to be communicated to or among any animal or
animals capable of being stolen, is guilty of a felony and is liable to imprisonment for
seven years.

Any person who wilfully and unlawfully, and with intent to defraud, removes or defaces
any object or mark which has been lawfully erected or made as an indication of the
boundary of any land, is guilty of a felony and is liable to imprisonment for three years.

Any person who‐
(1) wilfully removes, defaces or injures any survey mark or boundary mark which shall
have been 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; or
(2) being under an obligation to maintain in repair any boundary mark made or
erected as aforesaid, neglects or refuses to repair the same; or
(3) wilfully removes, defaces or injures any mark erected by an intending applicant for
any lease, licence or right under the Minerals and Mining Act,
[Cap. M12.]
is guilty of a simple offence and is liable to imprisonment for three months or to a fine
of forty naira, 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 the offender's act or neglect.

Any person who, by any unlawful act, or by any intentional omission to do any act
which it is his duty to do, causes any engine or vehicle in use upon a railway to be
obstructed in its passage on the railway, is guilty of a misdemeanor and is liable to
imprisonment for two years.

Any person who, by any unlawful act, obstructs, causes an alteration to be made in the
course of, or in any way whatsoever hinders or impedes the movement of any aircraft,
which is in motion on or in flight over any aerodrome, is guilty of a misdemeanor and is
liable to imprisonment for two years.

Any person who commits any nuisance or trespass in or upon any aerodrome or in or
upon any building or premises situated on any aerodrome, is guilty of a simple offence
and IS liable to imprisonment for three months or to a fine of forty naira.

Any person who‐
(1) wilfully damages, injures, or obstructs any work, way, road, building, turnstile, gate,
toll bar, fence, weighing machine, engine, tender, carriage, wagon, truck, material, or
plant acquired for or belonging to any railway works; or
(2) pulls up, removes, defaces, or destroys, or in any way interferes with, any poles,
stakes, flags, pegs, lines, marks, or anything driven or placed in or upon the ground,
trees, stones, or building, or any other material, belonging to any railway works; or
(3) commits any nuisance or trespass in or upon any land, building, or premises,
acquired for or belonging to any railway works; or
(4) wilfully molests, hinders, or obstructs, the officer in charge of any railway or his
assistants or workmen in the execution of any work done or to be done in reference to
the construction or maintenance of any such railway,
is guilty of a simple offence and is liable to imprisonment for three months or to a fine
of forty naira.

Any person who, knowing the contents of the writing, causes any person to receive
any writing threatening that any building or vessel, whether complete or not, or any
stack of cultivated vegetable produce, or any such produce that is in or under a
building, shall be burnt or destroyed, is guilty of a felony and is liable to imprisonment
for seven years.

A person found committing any of the misdemeanors or simple offences defined in this
Chapter of this Code may be arrested without warrant by a peace officer or a member
of the police force, or by the owner of the property injured or his servant, or by any
person authorised by such owner or servant.
Division 3. Forgery and like offences: Impersonation
Chapter 43. Forgery in general: definitions

In this Division of this part of this Code unless the context otherwise requires
[L.N. 112 of 1964.]
"bank note" includes any negotiable instrument issued by or on behalf of any person
or corporation in any part of the world, or issued by the authority of any State,
province, or government, and intended to be used as equivalent to money, either
immediately on issue or at any time afterwards: it also includes a bank bill or bank
post bill, currency note or any note (by whatever name called) 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, parchment, or other material whatever, 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; but does not include
trade marks on articles of commerce;
"seal" includes any stamp, die, or other thing, of whatever material, 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.

A document or writing is said to be false‐
(a) in the case of a document which is a register or record kept by lawful authority, or
any 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 facts or event, if any material particular stated in the document is
untrue; or
(b) if 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, or if, in
a case where the time or place of making is material, although the contents or writing
is made by or by the
authority of the person by whom it purports to be made, it is with a fraudulent intent
falsely dated as to the time or place of making; or
(c) if 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
(d) if the document or writing is made in the name of an existing person, either by that
person himself or by his authority, with the fraudulent intention that it should pass as
being made by some person, real or fictitious, other than the person who makes it or
authorises it to be made.
A seal or mark is said to be counterfeit if it is made without lawful authority, and is in
such 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.
A representation of the impression of a seal is said to be counterfeit if it is not in fact
made by the seal.
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.

A person who makes a false document or writing knowing it to be false, and with intent
that it may in any way be used or acted upon as genuine, whether in the State or
elsewhere, 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, whether in the
State or elsewhere, is said to forge the document or writing.
A person who makes a counterfeit seal or mark, or makes an impression of a
counterfeit seal knowing the seal to be counterfeit, or makes a counterfeit
representation of the impression of a genuine seal, or makes without lawful authority
an impression of a genuine seal, with intent in either case that the thing so made may
in any way be used or acted upon as genuine, whether in the State or elsewhere, 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, whether in the State or
elsewhere, is said to forge the seal or mark.
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.
It is immaterial in what language a forged document or writing is expressed.
It is immaterial that the forger of anything forged may not have intended that any
particular person should use or act upon it, or that any particular person should be
prejudiced by it, or be induced to do or refrain from doing any act.
It is immaterial 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 upon.

In the case of an offence which involves the forging or uttering of a document or
writing relating to the payment of money, or to the delivery or transfer of any
property, or to the creation or performance of any obligation, it is immaterial in what
country 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; and,
if the money or the property purports to be payable, deliverable or transferable or the
obligation purports to be an obligation to be performed in some country out of Nigeria,
it is immaterial whether the document or writing is under seal or not.
Chapter 44. Punishment of forgery and like offences

Any person who forges any document, writing, or seal, is guilty of an offence which,
unless otherwise stated, is a felony, and he is liable, if no other punishment is
provided, to imprisonment for three years.
Punishment in special cases
Public seals, etc.
(1) If the thing forged‐
[L.N. 112 of 1964, 1976 No. 27.]
(a) purports to be, or is intended by the offender to be understood to be, or to be used
as, the public seal of Nigeria or of any State of Nigeria or the great or privy seal of any
country of the Commonwealth or under the protection of a Commonwealth country, or
the seal of the President, or a Governor of a State; 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,
the offender is liable to imprisonment for life.
Securities, titles, register, etc.
(2) 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‐
(a) a document which is evidence of title to any portion of the public debt of Nigeria or
of any State thereof 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 corporation, company, or society,
whether domestic or foreign, or of any share or interest in the capital stock of any such
corporation, company, or society, or in the debt of any such corporation, company or
society, or a receipt or certificate for any interest or money payable or accruing on or
in respect of any such share, interest, or debt;
(c) a document acknowledging or being evidence of the indebtedness of the
Government of Nigeria or of the government of any other country;
(d) a document which by the law of Nigeria, or any other country is evidence of the
title to any land or estate in land in Nigeria or that other country, or an entry in any
register or book which is such evidence;
(e) a document which by law is required for procuring the registration of any title to
any land or estate in land;
(f) a testamentary instrument, whether the testator is living or dead, or a probate or
letters of administration, whether with or without a will annexed;
(g) a bank note, bill of exchange, or promissory note, or an acceptance, endorsement,
or assignment, of either;
(h) a deed, bond, or writing obligatory, 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;
(i) 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;
(j) 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;
(k) a charter party, or a shipping document accompanying a bill of lading, or an
endorsement or assignment of either;
(I) a policy of insurance of any kind;
(m) a power of attorney or other authority to execute any such document as is
mentioned in this section of this Code;
(n) the signature of a witness to any of the documents mentioned in this section to
which attestation is by law required;
(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 last aforesaid, which is authorised or
required by law to be given or sent to or by any person;
(q) a seal by a registrar appointed to keep any such register as is hereinbefore
mentioned, or the impression of any such seal, or the signature of any such registrar,
the offender is liable to imprisonment for fourteen years.
Documents relating to revenue and acts of States, etc.
(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‐
[L.N. 112 of 1964. 1967 No. 27.]
(a) the signature of the President or a Governor of a State or of a Minister, or a
commissioner, as the case may be, upon 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 any other property of the State in any country, or a
power of attorney or other authority to execute any such document,
the offender is liable to imprisonment for fourteen years.
Courts seals, records, process, evidence, etc.
(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‐
[L. N. 112 of 1964.]
(a) the seal of a court of record in any part of a country of the Commonwealth or of a
country under the protection of a Commonwealth country, or a seal used at the
chambers of a Justice of the Supreme Court or a Judge of a High Court for stamping or
sealing summonses or orders;
(b) a seal or signature by virtue whereof any document can by law be used as
evidence;
(c) any process of any court of justice in any part of a country of the Commonwealth or
of a country under the protection of a Commonwealth country;
(d) a document issued or made by or out of or by the authority of any such court as
last aforesaid;
(e) a document or copy of a document of any kind, which document or copy is
intended by the offender to be used as evidence in any such court as last aforesaid;
(f) a record or other document of or belonging to a court of record in any part of a
country of the Commonwealth or of a country under the protection of a
Commonwealth country;
(g) a copy or certificate of any record of any such court as last aforesaid;
(h) an instrument, whether written or printed, partly written and partly printed, which
is made evidence by any Act, law, statute, or order, in force in Nigeria;
(i) a document which a judicial officer is required or authorised by law to make, attest,
or issue, and purporting to be made, attested, or issued by a judicial officer;
(f) a stamp used for denoting the payment of fees or percentages in any court;
(k) a licence or certificate required or authorised by law to be given for the celebration
of a marriage;
(I) a consent to the marriage of a minor given by a person authorised by law to give it;
(m) a certificate of marriage given under the provisions of the laws relating to the
solemnisation of marriage;
(n) a copy of the registration of a marriage;
(o) a stamp issued or made under the laws relating to the post office;
(p) a power of attorney or a letter of attorney;
(q) the signature of a witness to a power of attorney or letter of attorney;
(r) the superscription of any postal matter by any person empowered under any
enactment to frank postal matter;
(s) a contract or a writing which with other writings constitutes a contract or is
evidence of a contract;
(t) an authority or request for the payment of money or for the delivery of property;
(u) an acquaintance or discharge or a voucher of having received any property, or any
document which is evidence of the receipt of any property;
(v) any mark which under the authority of any Act, law, statute, or order, is impressed
upon or otherwise attached to or connected with any article for the purpose of
denoting the quality of the article or the fact that it has been examined or approved by
or under the authority of some public body or public officer,
the offender is liable to imprisonment for seven years.
Telegrams
(5) If the thing forged purports to be, or is intended by the offender to be understood
to be or to be used as, a message to be sent by telegraph, or a message received by
telegraph, the offender is liable to the same punishment as if he had forged a
document to the same effect as the message.