Section 41: Treasonable felonies

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