Section 49: A. Death penalty for 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.