PENAL CODE (NORTHERN STATES) FEDERAL PROVISIONS ACT

This Act may be cited as the Penal Code (Northern States) Federal Provisions Act.

In this Act, unless the context otherwise requires-
"Northern States" means the States of Nigeria formerly known as Northern Region of Nigeria.

(1)
The provisions contained in the Schedule to this Act shall apply in respect of the Northern States and shall be read as the law of that territory and as such form part of the Penal Code contained in the Schedule to the Penal Code Law, 1959, of the Northern States (hereinafter referred to as the Penal Code of the Northern States).
[Schedule.]
(2) The provisions of Chapter I to Chapter VI of the Penal Code of the Northern States, shall apply in respect of the provisions of the Schedule to this Act as fully as though the provisions of such Chapters were enacted in this Act

Every person shall be liable to punishment under the provisions of section 3 of this Act and of the Schedule to this Act for every act or omission contrary to the provisions of the Schedule to this Act of which he is guilty within the Northern States:
Provided that a sentence of caning shall not be passed in accordance with section 77 of the Penal Code of the Northern States except in a case where a sentence of whipping could have been passed in accordance with section 18 of the Criminal Code or section 387 of the Criminal Procedure Act.
[Cap. C38. Cap. C41.]

(1)
Where by the provisions contained in the Schedule to this Act, the doing of any act or the making of an omission is made an offence, those provisions shall apply to every person who is in the territory at the time of his doing the act or making the Omission.
[Schedule.]
(2)
Where any such offence comprises several elements and any acts, omissions or events occur which, if they all occurred in the Northern States would constitute an offence, and any of such acts, omissions or events occur in the Northern States, although the other acts, omissions or events, which if they occurred in the Northern States would be elements of the offence, occur elsewhere than in the Northern States then-
(a)
If the act or omission, which in the case of an offence committed wholly in the Northern States would be the initial element of the offence, occurs in the Northern States, the person who does that act or makes thatomission 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 occurred in the Northern State; and
(b)
if that act or omission occurs elsewhere than in the Northern States and the person who does that act or makes that omission afterwards enters the Northern States, he is by such entry 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 Northern States and he had been in the Northern States when it occurred.
(3) Notwithstanding the provisions of subsection (2) of this section it shall be a defence to the charge in any such case to prove that the person accused did not intend that the act or omission should have effect in the Northern States.
(4)
The provisions of subsection (2) of this section shall not extend to a case in which the only material event that occurs in the Northern States is the death of a person whose death is caused by an act or omission at a place outside, and at a time when that person was outside, the Northern States.

The Criminal Code Act, in so far as it has effect as if it were a law enacted by the Legislature of the Federation and as it applies in the Northern States. is repealed:
Provided that such repeal shall not, in respect of proceedings taken outside the Northern States, affect the operation of the Criminal Code solely because some element or elements of the offence are alleged to have occurred within the Northern States.