LAGOS STATE CRIMINAL LAW

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LIST OF LAWS OF LAGOS, [ALPHABETICAL]  

CRIMINAL LAW OF LAGOS STATE (CONTINUED)

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Dealing in diseased meat.

161. (1) Any person who—

(a)     knowingly takes into a slaughter-house used for the slaughter of any animal intended for the food of man, the whole or any part of the carcass of any animal which has died of any disease; or

(b)     knowingly sells the whole or part of the carcass of any animal which has died of any disease, or which was diseased when slaughtered;

is guilty of a felony, and is liable to imprisonment for three years.

(2)     Any person who:

(a)     negligently takes into a slaughter-house used for the slaughter of any animal intended for the food of man, the whole or any part of the carcass of any animal which has died of any disease; or

(b)     negligently 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 misdemeanour, and is liable to imprisonment for two years.

Fouling water.

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

(2)     Where an offence under subsection (1) of this Section is committed by a body corporate in the course of its business it shall be liable for a felony punishable with a fine of One Million Naira.

Communicating Infections diseases to animals.

163.   Any person who wilfully and unlawfully causes, or attempts to cause, any infectious disease to be communicated to or among any animal is guilty of a felony, and is liable to imprisonment for seven years.

Burials in houses.

164. (1) Any person who without the consent of the Local Government Authority buries or attempts to bury any corpse in any house, building, premises, yard, garden, compound, or within a hundred yards of any residential premises, or in any open space situated within a township, is guilty of a misdemeanour, and is liable to imprisonment for six months.

(2)     The provision of section 39 of the Birth Death and Burial Law Cap B3 Laws of Lagos State, 2003 is repealed.

Misconduct with regard to corpses.

165.   Any person who without lawful justification or excuse, the proof of which lies on him:

(a)     neglects to perform any duty imposed on 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;

(c)     eats or receives for the purpose of eating any part of a dead human body;

is guilty of a felony, and is liable to imprisonment for five years.

Harmful acts.

166.   Any person who –

(a)     pollutes the atmosphere in any place so as to make it harmful to the health of persons living within the vicinity 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 felony, and is liable to imprisonment for three years.

Use and sale of matches made with white phosphorus

167.   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 Ninety Thousand Naira and or imprisonment to a term of six months and any chemical or matches in respect of which the offence is committed shall be forfeited.

CHAPTER 20 – Disorderly Persons, Bringing Contempt on Uniform

Disorderly persons.

168. (1) The following persons—

 (a)    every prostitute—

(i)      Behaving in a disorderly or indecent manner in any public place;

(ii)     Loitering and persistently importuning or soliciting persons for the purpose of prostitution;

(b)     Every person who places himself in any public place to beg or gather alms, or causing or procuring or encouraging any child or children to do so;

(c)     Every person playing at any game of chance for money or money’s worth in any public place;

(d)     Every person who, in any public place, conducts himself in a manner likely to cause a breach of the peace,

(e)     Every person endeavouring by the exposure of wounds or deformation to obtain or gather alms;

(f)      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;

(g)     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, or controlling, prostitution with any person;

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

(2)     A person found to be a disorderly person is guilty of a misdemeanour, and liable to a fine of Fifteen Thousand Naira for the first offence and for every subsequent offence to a fine of Forty Five Thousand Naira or imprisonment for three months or both.

(3)     An offender under this Section may be arrested without warrant.

Bringing contempt on uniform.

169.   Any person who, not being a person serving in any of the Armed Forces or the Police 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 a manner or in such circumstances as to be likely to bring contempt on that uniform, or employs any other person to wear such uniform or dress, is guilty of an offence, and is liable to a fine of Forty Five Thousand Naira (N45,000.00) or three months imprisonment.

PART 5 – OFFENCES AGAINST THE PERSON AND OFFENCES RELATING TO PARENTAL RIGHTS AND DUTIES

CHAPTER 21 – Assault and Violence to the Person generally Justification and excuses

Definition of assault.

170. (1) A person who-

(a)     strikes, touches, moves, or otherwise applies force of any kind to the person of another, either directly or indirectly, without his consent; or

(b)     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.

(2)     The term ‘applies force’ includes the case of applying heat, light, electrical force, gas, odour, or any other substance or thing whatsoever, if applied in such a degree as to cause injury or personal discomfort.

Unlawful assaults.

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

(2)     The application of force by one person to another may be unlawful if it is done with the consent of that other person where:

(a)     on grounds of age or weak intellect, a person is incapable of understanding the nature of the act to be done; or

(b)     the consent was obtained by fraud.

(c)     the assault is of a nature likely to endanger human life or is likely to cause a breach of peace

Punishment of assault.

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

Assaults occasioning harm.

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

Serious assaults.

174. Any person who –

(a)     assaults another with intent to commit a felony, or with intent to resist or prevent the lawful arrest or detention of himself or of any other person;

(b)     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;

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

(d)     assaults, resists, or obstructs any person engaged in such lawful execution of process, or in making a lawful distress, with intent to rescue any property lawfully taken under such process or distress;

(e)     assaults any person on account of any act done by him in the execution of any duty imposed on him by Law; or

(f)      assaults any person for the purpose effecting any unlawful conspiracy respecting any manufacture, trade, business, or occupation, or respecting any person or persons concerned or employed in any manufacture, trade, business, or occupation, or the wages of any such person or persons;

is guilty of a felony, and is liable to imprisonment for three years.

Assault with intent to steal.

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

Assaults on persons protecting wrecks.

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

Execution of sentence.

177.   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 to execute or give effect to that sentence.

Execution of process.

178.   It is lawful for a person who is authorised by Law with the duty of executing the lawful process of a court and who is required to arrest or detain another person under such process, and for every person lawfully assisting a person so authorised, to arrest or detain that other person according to the terms of the process.

Execution of warrant.

179.   It is lawful for a person who is charged by Law with the duty of executing a lawful warrant issued by any court, 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.

Sentence or process or warrant jurisdiction.

180.   A person who executes or assists in executing any sentence, or process, or warrant which purports to be without passed or issued by a court, judicial officer, or other person, and who would be justified, under the provisions of the three last preceding sections, in executing the same if it had been passed or issued by a court or judicial officer, or person, having authority to pass or issue it, is not criminally responsible for any act done in such execution notwithstanding that the court, judicial officer or person, had no authority to pass the sentence or issue the process or warrant, if in such execution he 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.

Arrest of wrong person.

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

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

Irregular process or warrant.

182.   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 lawful, 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 lawful.

Force used in executing process arrest.

183.   It is lawful for a person who is engaged in the lawful execution of any sentence, process or warrant, or in or 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.

Peace officer preventing escape from arrest.

184.   When a Peace officer or Police Officer is proceeding lawfully to arrest, with or without warrant, any person for an offence which is a felony, and is such that the offender may be arrested without warrant, if –

(a)     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

(b)     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 other means otherwise be arrested.

Other cases preventing escape from arrest.

185. (1) When a person who is not a Peace officer or of police officer, is proceeding lawfully to arrest without warrant and the person sought to be arrested tries to escape, it is lawful for the person seeking to arrest him to use such force as is reasonably necessary to prevent his escape.

(2)     Nothing in this Section shall authorise the use of force which is intended or likely to cause death or grievous harm.

Preventing escape or rescue after arrest.

186. (1) 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.

(2)     Nothing in this Section shall authorise the use of force which is intended or is likely to cause death or grievous harm, if the offence is not one which is such that the offender may be arrested without warrant.

Preventing a breach of the Peace.

187.   It is lawful for any person who witnesses a breach of the peace to:

(a)     intervene to prevent the continuance or renewal of it;

(b)     use such force as is reasonably necessary for such prevention or renewal; and

(c)     detain any person who is committing it or who is about to join in or about 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.

Prevention of Offences.

188.   It is lawful for any person to use such force as is reasonably necessary in order to prevent any act from being done which he believes, on reasonable grounds would amount to any 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.

Defence of Residence.

189.   It is lawful for any person or any person lawfully assisting him or acting by his authority, to use such force as he believes, on reasonable grounds, to be necessary to prevent the forceful entering of his residence, by any person whom he believes, on reasonable grounds, to be attempting to forcefully enter his residence with intent to commit an offence in his residence.

Provocation.

190. (1) The term “provocation” includes any wrongful act or insult of such a nature as to be likely, when done to an ordinary person or in the presence of a person to another in a special relationship or in circumstances that will make an ordinary person to loose his power of self control and induce him to do an act which amounts to an offence.

(2)     In this section, two or more persons are deemed to be in a special relationship if they are in a conjugal, parental, filial or guardianship relationship or such other relationships that given the cultural context, can reasonably be expected to create a strong bond of affection and respect between the parties .

(3)     A person provokes another when he does the act or offers the insult referred to in subsection (1) of this section:

(a)     to that other person; or

(b)     to a person in the presence of that other person where the special relationship or circumstance in subsection (2) of this Section exists.

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

(5)     An arrest which is unlawful is not necessarily provocation for an assault, but it may be evidence of provocation to a person who knows of the illegality.

Defence of provocation.

191. (1) A person is not criminally responsible for an assault committed against a person who provokes him or an assault against another person by mistake or accident if:

(a)     he is, in fact, deprived of his power of self-control by the provocation, and acts on it suddenly and before there is time for his passion to cool; and

(b)     the force is proportionate to the provocation, is not intended and is not likely to cause death or grievous bodily harm.

(2)     The following shall be questions of fact:

(a)     whether any particular act or insult is such as to be likely to deprive an ordinary person of the power of self- control and to induce him to commit an assault;

(b)     whether, in the particular case, the person provoked was actually deprived of the power of self-control by reason of the provocation;

(c)     whether any force used is proportionate to the provocation.

Prevention of repetition of insult.

192. (1) 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.

(2)     The force used under subsection (1) of this Section must not be intended and is not such as is likely to cause death or grievous harm.

Self-defence against unprovoked assault.

193. (1) When a person is unlawfully assaulted, and has not provoked the assault, it is lawful for him to use such force as is reasonably necessary to defend himself against the assault, provided that the force used is not intended, and is not such as is likely, to cause death or grievous harm.

(2)     When a person is unlawfully assaulted and has not provoked the assault, and the nature of the assault is such as to cause reasonable apprehension of death or grievous harm, it is lawful for him to use such force as is reasonably necessary to defend himself from death or grievous harm even though such force may cause death or grievous harm.

Self-defence against provoked assault.

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

(2)     The provision of subsection (1) of this section does not apply where the person using force, which causes death or grievous harm –

(a)     first began the assault with intent to kill or to do grievous harm to some person; or

(b)     endeavoured to kill or to do grievous harm to some person before the necessity of defending himself arose, except before such necessity arose, the person using such force declined further conflict, quitted or retreated from it as far as practicable.

Aiding in self-defence.

195.   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 the same degree of force for the purpose of defending such person.

Defence of movable property against trespassers.

196.   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 grievous harm to the trespasser.

Defence of property with claim of right.

197.   When a person is in peaceable possession of any 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, against a person who is entitled by Law to possession of the property, provided that he does not do grievous harm to such other person.

Defence of without claim of right.

198.   When a person who is entitled by Law to the property possession of movable property attempts to take it 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 grievous harm to the person in possession.

Defence of premises against trespassers; removal of disorderly persons.

199. (1) It is lawful for any person who is in peaceable possession or entitled to the control or management of any land, structure, vessel, or place, and for any person acting on his authority to use such force as is reasonably necessary in order to-

(a)     prevent any person from wrongfully entering on such land, structure, vessel, or place;

(b)     to remove from it a person who wrongfully remains there, provided that he does not do grievous harm to such person; or

(c)     to use force in order to remove from it any person who conducts himself in a disorderly manner, provided that he does not do grievous harm to him.

(2)     In this Section, 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.

Exercise of right of way.

200.   When a person who claims to be lawfully entitled to enter on land for the exercise of a right of way or other easement or profit enters on the land for the purpose of exercising such right of way, easement, or profit, after notice that his right to use such way or easement or to take such profit is disputed by the person in possession of the land, or having entered persists in 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 grievous harm to him.

Correction of child, apprentice, employee, etc.

201. (1) Any application of force which does not result in grievous harm may be justified for the purpose of ward, and correction in the following cases:

(a)     parent or guardian may correct his child or ward, for misconduct or disobedience to any lawful instruction;

(b)     a master may correct his apprentice who is a child for misconduct or default in his duty as such an apprentice;

(c)     the master of a ship may correct any person on board his ship for misconduct or disobedience to any lawful command;

(d)     any person to whom a parent or guardian has entrusted the custody of his or her child or ward may correct his child for disobedience to any lawful directive; and

(2)     A person who is authorised to inflict correction mentioned in this section may, in any particular case, delegate to any fit person the infliction of such correction.

(3)     No correction can be justified which is unreasonable in kind or in degree, having regard to the age, physical and mental condition of the person on whom it is inflicted; and in the case of a person who, by reason of tender years or otherwise, is incapable of understanding the purpose for which it is inflicted.

Use of force for preserving order on vessel.

202. (1) The master of a vessel, or any person acting by his order, may authorise the use of any such force on board a against any person on board the vessel as is necessary for suppressing any mutiny or disorder on board the vessel, whether among officers, seamen, or passengers, where the:

(a)     safety of the vessel, or of any person in it or about to enter or leave is likely to be endangered;

(b)     master is threatened to be subjected to the command of any other person.

(2)     The master may kill any person who is guilty of or abets such mutiny or disorder mentioned in subsection (1) of this Section if the safety of the vessel, or the preservation of any such person cannot be otherwise secured.

Medical abortion.

203.   A medical doctor is not criminally responsible for performing in good faith, with reasonable care and skill a surgical operation on any person for his benefit, or on an unborn child for the preservation of the mother’s life and physical health, if the performance of the operation is reasonable, having circumstances of the case.

Excessive force.

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

Consent to death immaterial.

205.   Subject to the provisions of this Law, 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 22 – Duties and Offences relating to the Preservation of Human Life

Duty to provide necessaries.

206. (1) 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, to provide for that other person the necessaries of life; and he is held to have caused any consequence which result to the life or health of the other person by reason of any omission to perform that duty.

(2)     A charge under sub-section (1) of this Section may, be imposed by Law, arise under a contract or arise by reason of an act, whether lawful or unlawful, of the person having such a charge.

Duty of head of family.

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

Duty of masters.

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

Duty of persons doing dangerous acts.

209.   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 such person shall be held to have caused any consequence which results to the life or health of any person by reason of any omission to perform that duty.

Duty of persons in charge of dangerous things.

210.   It is the duty of every person who has in his charge or under his control anything, whether living or inanimate, 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 such person shall be held to have caused any consequence which results to the life or health of any person by reason of any omission to perform that duty.

Duty to do certain acts.

211.   When a person undertakes to do any act, the omission of which may be dangerous to human life or health, it is his duty to do that act; and shall be held to have caused any consequence which results to the life or health of any person by reason of any omission to perform that duty.

Breach of contract of persons employed in certain services.

212. (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 it either wholly or to a great extent of the supply of electricity or water, shall be 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 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 damage, 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, 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 to terminate, in such circumstances that the actual or probable consequences of the termination are those set out in subsection (1) or (2), shall where the length of such notice required by any enactment, or by any contract of service, is more than seven days, be deemed to be a malicious breach of contract, and the words “maliciously breaks” in this Section shall be construed accordingly.

(4)     A person who commits an offence under the provisions of this section is guilty of a misdemeanour and is liable to imprisonment for one year.

CHAPTER 23 – Homicide; Suicide; Concealment of Birth; Unlawful Possession of Human Part

Definition of killing

213.   Subject to other provisions of this Law, any person who causes the death of another, directly or indirectly, by any means whatsoever is deemed to have killed that other person.

When a child becomes a human being.

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

Unlawful killing of a human being

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

Death by acts done at childbirth.

 216. 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 act is deemed to have killed the child.

Causing death by threats.

217.   A person who by threats, 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.

Acceleration of death.

218.   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 injury or death might  be prevented by proper precaution.

219.   When a person causes a 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.

Injury causing death in consequence of subsequent treatment.

220.   When a person does grievous harm to another, if 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.

Unlawful Homicide.

221.   Any person who unlawfully kills another is guilty of the felony of murder or manslaughter, according to the circumstances of the case.

Definition of Murder.

222. (1) Subject to the provisions of this Law, a person who unlawfully kills another –

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

(b)     with intention to do grievous harm to the person killed or to some other person is guilty of a felony called murder.

(2)     For the purpose of this Section, a person is to be deemed to have intended to kill or to cause grievous harm when death or grievous harm is –

(a)     the desired consequence of his act or omission; or

(b)     not the desired outcome of his act or omission but in bringing about his desired outcome, he foresees the result as the probable and not only a likely consequence of his act or omission.

Punishment for Murder.

223.   Subject to the provisions of any other Law, a person who commits the offence of murder shall be sentenced to death.

Involuntary Manslaughter.

224.   A person who unlawfully kills another in circumstances which does not constitute murder is guilty of manslaughter if he causes death-

(1)     by an unlawful and dangerous act; or

(2)     with gross negligence or reckless disregard for human life.

Voluntary manslaughter by

225. (1) A person who unlawfully kills another person is guilty of manslaughter if death is caused by an act or provocation. omission done:

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

(b)     before there is time for his passion to cool; and

(c)     the force used is proportionate to the provocation.

(2)     For purposes of this section, the definition of provocation in section 188 of this Law shall apply.

Voluntary manslaughter by consent.

226. (1) A person is guilty of manslaughter if he kills another person who has attained the age of 18 years and who consented to his death or voluntarily took the risk of death.

(2)     Consent in this section means the full, free and informed consent of a person.

Voluntary manslaughter by excessive use of force.

227.   A person who causes death in the exercise of a right of self defence by excessive force is guilty of manslaughter.

Diminished Responsibility.

 228. (1) Where a person kills or is a party to the killing of another, he shall not be convicted of murder if he was suffering from such abnormality of the mind (whether arising from a condition of arrested or retarded development of mind or any inherent causes or induced by disease or injury) as substantially impaired his mental responsibility for his acts or omissions in doing or being a party to the killing.

(2)     A person who kills another under the provisions of subsection (1) of this Section is liable to be convicted of manslaughter

Punishment for manslaughter.

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

Attempt to Murder.

 230. Any person who:

(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.

Accessory after the fact to murder. 

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

Written threats to kill.

232.   Any person who, knowing that the content of a message written or unwritten threatens to kill any person causes that person to receive such message is guilty of a felony, and is liable to imprisonment for seven years.

Conspiring to murder.

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

Aiding suicide

234. (1) Any person who:

(a)     procures another to kill himself;

(b)     counsels another to kill himself;

(c)     induces another to kill himself; or

(d)     aids another in killing himself,

is guilty of a felony, and is liable to imprisonment for life.

Attempt to commit suicide.

235.   Any person who attempts to kill himself is guilty of a simple offence and the court shall make a hospitalisation order.

Killing unborn child.

236.   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.

Concealing the birth of children.

237.   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 misdemeanour, and is liable to imprisonment for two years.

Unlawful possession of human part.

238.   Any person who receives or has in his possession any part of the human body except as permitted by Law is guilty of a felony, and is liable to imprisonment for fourteen years.

CHAPTER 24 – Offences Endangering Life or Health

Incapacitating in order to commit felony or misdemeanour.

239.   Any person who, with intent to commit or facilitate the commission of a felony or a misdemeanour, uses any means calculated to choke, suffocate, strangle, stupefy or overpower in order to incapacitate another person, is guilty of a felony and is liable to imprisonment for life.

Acts intended to cause serious harm or prevent arrest.

240.   Any person who, with intent to do grievous harm to any person in order to resist or prevent the lawful arrest or detention of any person:

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

(b)     unlawfully attempts in any manner to strike any person with any kind of projectile or with a spear, sword, knife, or other dangerous or offensive weapon;

(c)     unlawfully causes any explosive substance to explode;

(d)     sends or delivers any explosive substance or other dangerous or noxious thing to any person;

(e)     causes any such substance or thing to be taken or received by any person;

(f)      unlawfully casts or throws any such fluid or substance at or on any person, or otherwise applies any such fluid or substance to the person of any person,

is guilty of a felony, and is liable to imprisonment for life.

Preventing escape from wreck.

241.   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.

Intentionally endangering safety of travellers

242.   Any person who, with intent to injure or to endanger the safety of any person travelling by any means of transportation – (a) places anything on the route of transportation;

(b)     deals with such route of transportation or with anything whatever on or near it in such a way as to affect or endanger its free and safe use, or the safety of any person;

(c)     shoots or throws anything at, into, or on, or causes anything to come into contact with, any person or thing on such route;

(d)     shows any light or signal, or in any way deals with any existing light or signal, on or near any such route ; or

(e)     by any omission to do any act which it is his duty to do causes the safety of any person to be endangered,

is guilty of a felony, and is liable to imprisonment for life.

Maliciously administering poison with intent to harm.

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

Attempting to injure by explosive substances.

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

Grievous harm Substances.

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

Inflicting Wounds and similar acts.

246.   Any person who –

(a)     unlawfully inflicts wounds on another; or

(b)     unlawfully, and with intent to harm 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.

Failure to supply necessaries.

247. (1) Any person who, being charged with the duty of providing for another the necessaries of life, unlawfully fails to do so, whereby the life of that other person is or is likely to be endangered, or his health is or is likely to be permanently impaired is guilty of a misdemeanour, and is liable to imprisonment for two years.

(2)     The offender under subsection (1) of this Section cannot be arrested without warrant.

Endangering life or health of apprentices.

248. (1) Any person who, being charged as a master or mistress of an employee or apprentice in any manner causes any harm to such employee or apprentice such that the life of the employee or apprentice is or likely to be endangered, or his health is likely to be impaired is guilty of a felony, and is liable to imprisonment for three years.

(2)     The offender under subsection (1) of this Section cannot be arrested without warrant.

Abandoning or exposing children.

249.   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.

Setting mantrap.

250. (1) Any person who-

(a)     Sets or places any spring-gun, man-trap or other device calculated to kill or inflict grievous harm;

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

(c)     Causes any such thing to be set or placed in any place with intent to kill or inflict grievous harm on any person coming into contact with it,

is guilty of a felony, and is liable to imprisonment for three years.

(2)     Any person who comes into possession or occupation of a place where a spring-gun, mantrap, or other device, has been set or placed by another person in a manner that it is likely to kill or inflict grievous harm and who knowingly permits such spring gun, mantrap to remain is guilty of a felony and is liable to imprisonment for three years.

(3)     This Section does not make it unlawful to set any trap such as is usually set for the purpose of destroying vermin, or to set any spring-gun, man-trap, or other device, at night in a residence for the protection of the residence.

(4)     The offender under subsection (1) of this Section cannot be arrested without warrant.

Reckless and negligent acts.

251. (1) Any person who in a reckless or negligent manner 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;

(b)     navigates, or takes part in the navigation or working of, any vessel;

(c)     does any act with fire or any combustible matter, or omits to take precautions against any probable danger from any fire or any combustible matter in his possession;

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

(e)     gives medical or surgical treatment to any person whom he has undertaken to treat;

(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 misdemeanour, and is liable to imprisonment for two years.

(2)     Any person who conveys or causes to be conveyed, for hire, any person by any means of transportation in such a state or so loaded as to be unsafe; is guilty of a misdemeanour, and is liable to imprisonment for one year.

Negligent acts causing harm.

252.   Subject to the provisions of section 248, any person who unlawfully does any act, or omits to do any act which it is his duty to do, which act or omission, causes harm to any person, is guilty of a misdemeanour, and is liable to imprisonment for two years.

Sending unfit ferries into waterways.

253. (1) Any person who sends, attempts to send, is a party to sending or attempting to send a ferry or other vessel in a state that is unfit for navigation into intrastate waterways such that the life of any person is likely to be endangered, is guilty of a misdemeanour.

(2)     It shall be a defence for a person charged under subsection (1) of this section to show that he used all reasonable means to ensure that the ferry or vessel was fit for navigation or that her being sent unto intrastate waterways in a state unfit for navigation was in the circumstances reasonable and justifiable.

(3)     The master or person in charge of a ferry or other vessel unfit for navigation who knowingly navigates same on intrastate waterways such that the life of any person is likely to be endangered is guilty of a misdemeanour, unless he proves that navigating such vessel was in the circumstances reasonable and justifiable.

(4)     Any person convicted under this Section is guilty of a misdemeanour and liable to imprisonment for two years.

Endangering safety of persons travelling by railway, road etc.

254.   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 road, railway or any other means of transport to be endangered, is guilty of a misdemeanour, and is liable to imprisonment for two years.

Endangering vessel used as means of transportation.

255. (1) Any person having control over any vessel used as a means of transportation or over any part of such vessel, does an act or makes any omission or is privy to any act or omission with respect to any part of the vessel, such that he knows that the safety of any person on board such vessel is or is likely to be endangered, is guilty of a felony, and is liable to imprisonment for three years.

(2)     The offender under subsection (1) of this Section cannot be arrested without warrant.

Endangering vessels used as means of transportation by engineers.

256. (1) Any person who is an engineer, or one of the engineers, in charge of the machinery of a vessel used as a means of transportation 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 felony and liable to imprisonment for seven years.

(2)     It is a defence to a charge of the offence defined in this Section to prove that the act or omission was done or made without the knowledge of the defendant, and without any neglect or default on his part.

Evading laws as to shipping dangerous goods.

257. (1) Any person who knowingly sends by any vessel, or carries in vessel, any explosive substance, or any acid, or other thing of a dangerous or destructive nature, under a false description of the substance or thing, or with a false description of the sender, is guilty of a felony and is liable to imprisonment for three years.

(2)     The offender under subsection (1) of this Section cannot be arrested without warrant.

Landing Explosives.

258. (1) Any person who—

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

(b)     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 liable to imprisonment for three years.

(2)     This Section does not apply to any explosive, acid or other thing the property of the State or Federal Government while it is under the control of an officer of the Armed Forces of Nigeria.

(3)     The offender under subsection (1) of this Section cannot be arrested without warrant.

Sending dangerous or obscene things by post.

259.   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 is likely to injure or cause damage to any other thing while being conveyed, or to injure any person; or

(b)     encloses an indecent or obscene print, painting, photograph, lithograph, engraving, book, card, or article, which has on it, or in it, or on its cover, any indecent, obscene, or grossly offensive words, marks, or designs,

is guilty of a misdemeanour, and is liable to imprisonment for one year.

CHAPTER 25 – Sexual Offences

Rape.

260. (1) Any man who has unlawful sexual intercourse with a woman or girl, without her consent, is guilty of the offence of rape and liable to imprisonment for life.

(2)     A woman or girl does not consent to sexual intercourse if she submits to the act by reason of force, impersonation, threat or intimidation of any kind, fear of harm or false or fraudulent representation as to the nature of the act.

(3)     Sexual intercourse between a man and a woman who are married is not unlawful.

(4)     Sexual intercourse is complete on the slightest penetration of the vagina.

Sexual Assault by Penetration.

261.   Any person who penetrates sexually the anus, vagina, mouth or any other opening in the body of another person with a part of his body or anything else, without the consent of the person is guilty of a felony and liable to imprisonment for life.

Attempt to by Penetration.

262.   Any person who attempts to commit the offence of rape or sexual assaults by penetration is guilty of a felony, and is liable to imprisonment for fourteen years.

Sexual assault.

263. (1) Any person who sexually touches another person without his consent is guilty of a felony and liable to imprisonment for three years.

(2)     In this section, touching may be done with any part of the body or with anything else.

Sexual Harassment.

264. (1) Any person who sexually harasses another is guilty of a felony and is liable to imprisonment for three years.

(2)     Sexual harassment is unwelcome sexual advances, request for sexual favours, and other visual, verbal or physical conduct of a sexual nature which when submitted to or rejected –

(a)     implicitly or explicitly affects a person’s employment or educational opportunity or unreasonably interferes with the person’s work or educational performance;

(b)     implicitly or explicitly suggests that submission to or rejection of the conduct will be a factor in academic or employment decisions; or

(c)     creates an intimidating, hostile or offensive learning or working environment.

Causing a person to engage in sexual Consent.

 265. (1) Any person who causes another to engage in a sexual activity without that other person’s consent is guilty of a felony activity without and is liable to imprisonment for five years .

 (2)    Where the sexual activity caused involved sexual penetration, the offender is guilty of a felony and liable to imprisonment for life.

Meaning of Consent.

266. (1) For the purpose of this Chapter, a person consents if he agrees by choice and has the freedom and capacity to make and communicate that choice.

(2)     In determining whether a person charged had reasonable grounds for believing that another person consented, the court shall have regard to all the circumstances, including any steps taken by the defendant to ascertain whether the woman or girl consented.

Bestiality.

267.   Any person who has sexual intercourse with an animal is guilty of a felony, and is liable to imprisonment for three years.

Abduction.

268.   Any person who, with intent to marry or have sexual intercourse with a female of any age, or to cause her to be married, or for another person to have sexual intercourse with her, takes her away, or detains her, against her will, is guilty of a felony, and is liable to imprisonment for seven years.

Abduction from

269.   Any person who with intent to marry or have sexual intercourse with a girl under the age of eighteen years or who with intent to cause to be married or to have sexual intercourse with any other person takes out of the custody or protection of any of her parent or other person having the lawful care or charge of her, and against the will of any such person, is guilty of a felony, and is liable to imprisonment for ten years.

Ignorance of age of girl or consent, no defence.

270.   In the case of proceedings in respect of an offence under section 267 it is immaterial that the:

(a)     offender believed the girl to be of or above the age of eighteen years;

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

CHAPTER 26 – Offences against Liberty: Human Trafficking

Kidnapping.

271. (1) Any person who unlawfully captures and detains another against his will is guilty of a felony, and is liable to imprisonment for ten years.

(2)     For the purpose of subsection(1) of this Section a person is detained against his will when he is detained in such a manner as to prevent him from applying to a court for his release or from revealing 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.

(3)     Where a person charged with an offence under subsection (1) of this Section demands a ransom for the release of the person detained, the offender is guilty of a felony and is liable to imprisonment for twenty one years.

Deprivation of liberty.

272.   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 misdemeanour and is liable to imprisonment for two years

Compelling action by intimidation.

273.   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:

(a)     threatens such other person with injury to his person, reputation, or property, or to the person, reputation, or property of any one in whom he is interested;

(b)     persistently follows such other person about from place to place;

(c)     hides any tools, clothes, or other property owned or used by such other person, or deprives him of or hinders him in the use of it;

(d)     watches or besets the house or other place where such other person resides, or works, or carries on business, or happens to be, or the approach to such house or place;

(e)     follows such other person with two or more other persons in a disorderly manner in or through any street or road; or

(f)      induces or attempts to induce that person to believe that he, or any person in whom he is interested, will become an object of displeasure to the State or to any person employed in the public service of the State,

is guilty of a misdemeanour and is liable to imprisonment for one year.

Compelling action by assault.

274.   Any person who, with any of the intents mentioned in section 271 of this Law assaults any other person, is guilty of a felony, and liable to imprisonment for five years.

Concealment of matters affecting liberty.

275.   Any person who being required by Law to:

(1)     keep any record concerning 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)     give any information to any person concerning any person in confinement, or to show to another 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 whom he is required to give the information or show the person or place; or

(b)     gives to any person whom he is required to give any information concerning 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.

Human Trafficking and Contemporary Slavery.

276.   Any person who:

(1)     deals or trades in, purchases, sells, transfers or takes any person in order that such person should be held or treated as a slave or in servitude;

(2)     places or receives any person’s personal service as a pledge or security for debt if the value of those services as reasonably assessed is not applied towards the redemption of the pledge or liquidation of the debt or the length and nature of those services are not respectively limited and defined;

(3)     who participates in any institution or practice by which a woman without the right to refuse, is promised or given in marriage on payment of a consideration in money or in kind to her parents, guardian, family or any other person or group;

(4)     who participates in any institution or practice by which the husband of a woman, his family, or his clan, has the right to transfer her to another person for value received or otherwise;

(7)     who participates in any institution or practice by which a woman on the death of her husband is liable to be inherited by another person;

(8)     who participates in any institution or practice whereby a child is delivered by either or both of his natural parents or by his guardian to another person, whether for reward or not, with a view to the exploitation of the child or of his labour;

(9)     conveys or induces any person to come within the limits of the State in order that such person should be held, possessed, dealt or traded in, purchased, sold, or transferred as a slave, or be placed in servitude as a pledge or security for debt;

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

(11)   whether or not a citizen of Nigeria, holds or possesses in the State, any person as a slave or in servitude; or

(12)   enters into any contract or agreement with or without consideration for doing any of the acts or accomplishing any of the purposes mentioned in this section,

is guilty of a felony and is liable to imprisonment for fourteen years.

CHAPTER 27 – Offences relating to parental rights and duties

Child stealing.

277. (1) 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 on or in custody of such child:

(a)     forcibly or fraudulently takes or entices away, or detains the child; or

(b)     receives or harbours the child, knowing him to have been taken or enticed away or detained,

is guilty of a felony, and is liable to imprisonment for fourteen years.

(2)     It is a defence to a charge under this section to prove that the defendant claimed in good faith a right to the possession of the child.

Desertion of children.

278.   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 misdemeanour, and is liable to a fine of One Hundred Thousand Naira without prejudice to the recovery of any cost any other person may have reasonably incurred with respect to the upkeep of the child.

Desertion of pregnant woman or girl.

279. (1) Any person who impregnates a woman or girl and fails, refuses or neglects to contribute to maternity related costs from ante-natal to post-natal stages is guilty of an offence and is liable to a fine of Forty Five Thousand Naira without prejudice to the recovery of any cost that any other person may have reasonably incurred in relation to the upkeep of the woman or girl.

(2)     For the purpose of this section, maternity related costs includes all medical expenses, food expenses, reasonable shelter and other necessaries.

(3)     In determining the financial liability of a person under sub Section (1) of this Section, the court shall have regard to the means and resources available to him.

PART 6 – OFFENCES RELATING TO PROPERTY AND CONTRACTS

CHAPTER 28 – Stealing and like offences

Definition of Stealing.

280. (1) Any person who dishonestly:

(a)     takes the property of another person; or

(b)     converts the property of another person for his own use or to the use of any other person, is guilty of the offence of stealing.

(2)     A person is deemed to dishonestly take or convert the property of another if he does so with:

(a)     intent to permanently deprive the owner of the property;

(b)     intent to permanently deprive any person who has a special interest in the property;

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

(d)     intent to part with the property on a condition as to its return which he may be unable to perform;

(e)     intent to deal with the property in a manner that it cannot be returned in the condition it was in at the time of the taking or conversion; or

(f)      intent to in the case of money, an intent to use it at his will although he may intend to repay the owner afterward.

(3)     The term “special interest” includes any charge or lien on the property, any right arising from or dependent on holding possession of it, whether by the person entitled to such right or by another person on his behalf.

(4)     The taking or conversion may be dishonest, although it is effected without secrecy or attempt at concealment.

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

(a)     the thing converted is taken for the purpose of conversion, or whether it is at the time of the conversion in the possession of the person who converts it; or

(b)     the person who converts the property is the holder of a power of attorney for the disposition of it, or is otherwise authorised to dispose off the property.

(6)     When a thing converted has been lost by the owner and found by the person who converts it, the conversion is not deemed to be dishonest, if at the time of the conversion the person taking or converting the thing does not know the owner, and believes on reasonable grounds that the owner cannot be found.

(7)     A person shall not be deemed to take a thing unless he moves the thing or causes it to move.

Things capable of being stolen.

281. (1) Anything which is the property of any person or a body corporate is capable of being stolen.

(2)     ‘Property’ includes money and all other properties, real or personal, including things in action and other intangible properties which is the property of another.

Special cases.

282.   An agent will not be guilty of stealing if he pledges or gives a lien on any goods or documents entrusted to him for an amount not greater than the obligation of the principal to him.

Money received for another.

283.   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 that account.

Funds held under direction.

284. (1) When a person receives, either alone or jointly with another person:

(a)     any money or valuable security with a direction that such money or any other money received in exchange of the valuable security or any part of it or;

(b)     a power of attorney for the disposition of any property with a direction that the proceeds of such dispositions, shall be applied to any purpose or paid to any person specified in the direction, such money or proceeds shall be deemed to remain the property of the person who gave the money, valuable security or power of attorney until the direction has been complied with.

(2)     Where the person receiving the money, security, or power of attorney, and the person who gave the money, security or power of attorney ordinarily maintain a debtor and creditor account between themselves, the person who received the money, security or power of attorney cannot be charged with stealing the money or any such proceeds in the absence of a contrary direction in writing.

Funds received by agents for sale.

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

Stealing by persons having an interest in the thing stolen.

286.   When any person takes or converts the property of another in circumstances as would amount to stealing, it is immaterial that he has a special interest in the property or that he is the owner of the property which is subject to some special interest of another person or that he is a director or shareholder, or officer of a corporation or company or society who owns the property

Punishment for stealing.

287. (1)(a) Any person who steals any property is guilty of a felony, and liable, if no other punishment is provided, to imprisonment for three years.

(1)     Stealing after previous conviction

(1)(b)          Any person previously convicted of a felony under subsection (1)(a) of this Section is liable to imprisonment for seven years.

(2)     Stealing wills

If the thing stolen is a testamentary instrument, whether the testator is living or dead, the offender is liable to a maximum of 14 years imprisonment

(3)     Stealing postal matter, etc.

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 a maximum of 14 years imprisonment.

(4)     Stealing of animals

If the thing stolen is an animal which is the property of any person whether it be in a confinement, or has escaped from confinement, or the young of any such animal, the offender is liable on conviction to imprisonment for one year or to a fine of Thirty Thousand Naira.

(5)     Stealing from the person; stealing goods in transit, etc.

If the offence is committed in any of the following circumstances—

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

(b)     if the thing is stolen from any kind of vessel or vehicle or place of deposit used for the conveyance or custody of goods in transit from one place to another;

(c)     if the thing stolen is attached to or forms part of the road, highway or railway;

(d)     if the thing stolen is from a vessel which is in distress or wrecked or stranded;

(e)     if the thing is stolen from a public office in which it is deposited or kept; or

(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.

(6)     Stealing by persons in public service

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.

(7)     Stealing by clerks and servants

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 employment, he is liable to imprisonment for seven years.

(8)     Stealing by directors or officers of companies

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 ten years.

(9)     Stealing by agents, etc.

If the thing stolen is any of the following:

(a)     property which has been received by the offender with a power of attorney for its disposition;

(b)     property which has been entrusted to the offender either alone or jointly with any other person for him to keep in safe custody or to apply, pay or deliver for any purpose or to any person the same or any part of it or any proceeds of it;

(c)     property which has been received by the offender either alone or jointly with any other person for or on account of any other person;

(d)     the whole or part of the proceeds of any valuable security which has been received by the offender with a direction that the proceeds should be applied to any purpose or paid to any person specified in the direction; or

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

(10)   Stealing of motor vehicle or motorcycle

If the thing stolen is a motor vehicle or motor cycle the offender is liable to imprisonment for seven years.

CHAPTER 29 – Offence Similar to Stealing

Concealing Registers

288.   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 office, is guilty of a felony, and is liable to imprisonment for fourteen years.

Concealing wills.

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

Concealing deeds.

290.   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.

Killing animals with intent to steal.

291.   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 a misdemeanour and is liable to imprisonment to two years.

Fraudulently dealing with minerals in mines.

292.   Any person who takes, conceals, or otherwise disposes of, any ore or 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.

Bringing Stolen Goods into the State.

293.   Any person who obtains any stolen property outside the State and brings such property into the State or has it in his possession in the State is guilty of an offence, and is liable to the same punishment as if he had stolen it in the State.

Fraudulent disposition of mortgaged goods.

294. (1) Any mortgagor of any goods who removes or disposes of the goods without the consent of the mortgagee with the intent to defraud is guilty of a felony and is liable to imprisonment for three years.

(2)     The offender cannot be arrested without warrant.

(3)     The term “mortgaged goods” in sub-section (1) of this Section 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 any written instrument by which a valid charge or lien is created on them by way of security or any debt or obligation.

(4)     The consent of the mortgagee may be either express or implied from the nature of the property mortgaged.

Fraudulent appropriation of power.

295. (1) 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.

(2)     The offender cannot be arrested without warrant.

CHAPTER 30 – Stealing with Violence: Extortion by Threats

Definition of Robbery.

296.   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.

Punishment for Robbery.

297. (1) Any person who commits the offence of robbery shall on conviction be sentenced to imprisonment for not less than twenty-one years.

(2)     Where –

(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 of any person so armed; or

(b)     at or immediately before or immediately after the time of robbery, the said offender wounds or uses violence on any person, the offender shall be sentenced to death.

Punishment for attempted robbery etc.

298. (1) Any person, who with intent to steal anything assaults another 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, is guilty of a felony and liable to imprisonment for not less than fourteen years but not more than twenty years.

(2)     Where – (a) any offender mentioned in subsection (1) of this Section is armed with any firearms or any offensive weapon or is in company of any other person so armed; or

(b)     at or immediately before or immediately after the time of assault the said offender wounds or uses any other personal violence to any person, the offender is guilty of a felony and liable to imprisonment for life.

(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 of the offences in Sections 294-296 of this Law is guilty of a felony and liable to imprisonment for not less than fourteen years but not more than twenty years.

Conspiracy to commit robbery.

299.   Any person who conspires with any person to commit an offence under section 294 of this Law 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.

Definition of firearms and offensive weapons

300.   For the purposes of Sections 295 and 296 of this Law “firearms” includes any cannon, 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 or by some other person and it includes an air gun, air pistol, bow and arrow, spear, cutlass, machete, dagger, cudgel, or any piece of wood, metal, glass or stone capable of being used as an offensive weapon.

Demanding property with menaces with intent to steal.

301.   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.

Demanding property by written threats.

302.   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.

Attempt to extort.

303. (1) Any person who, with intent to extort or gain anything from any person:

(a)     accuses or threatens to accuse any person of committing any felony or misdemeanour, or of offering or making any solicitation or threat to any person as an inducement to commit or permit the commission of any felony or misdemeanour;

(b)     threatens that any person shall be accused by any other person of any felony or misdemeanour, or of any such act; or

(c)     knowing the contents of the writing, causes any person to receive any writing containing any such accusation or threat

is guilty of a felony, and liable to imprisonment for three years .

(2)     Where the accusation or threat of accusation in subsection (1) of this Section is of –

(i)      an offence for which the punishment of death or imprisonment for life may be inflicted;

(ii)     any of the offences defined in Chapter 17 of this Law or an attempt to commit any of such offences; or

(iii)    a solicitation or threat offered or made to any person as an inducement to commit or permit the commission of any of the offences referred to in this section, the offender is liable to imprisonment for fourteen years.

(3)     For the purpose of this section, it is immaterial whether the person accused or threatened to be accused has or has not committed the offence or act of which he is accused or threatened to be accused.

Unlawful harassment of debtors.

304 (1) Any person who with the object of coercing any person to pay money claimed from the other as a debt due under a contract:

(a)     harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

(b)     falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

(c)     falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

(d)     uses or deals with a document falsely represented by him to have some official character or purporting to have some official character which he knows it does not have, is guilty of an offence and is liable to a fine of Fifty Thousand Naira and on a second or subsequent conviction to a fine of One Hundred Thousand Naira .

(2)     A person may be guilty of an offence under subsection (1)(a) of this Section if he acts in concert with others in taking such action as described in this section, notwithstanding that his own course of conduct does not by itself amount to harassment.

(3)     Subsection (1)(a) of this Section does not apply to anything done by a person which is reasonable (and otherwise permissible in Law) for the purpose—

(a)     of securing the discharge of an obligation due, or believed by him to be due, to himself or to persons for whom he acts, or protecting himself or them from future loss; or

(b)     of the enforcement of any liability by legal process.

Procuring execution of deeds by threats

305.   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 misdemeanour, or by offering or making any solicitation or threat to any person as an inducement to commit or permit the commission of any offence, compels or induces any person-

(a)     to execute, make, accept, endorse, alter, or destroy, the whole or any part of any valuable security; or

(b)     to write, impress, or affix, any name or seal on or to any paper or document, 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 31 – Burglary: Housebreaking and like Offences

Definitions.

306. (1) Any 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.

(2)     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 in the building.

(3)     A person who obtains entrance into a building by means of any threat or tool used for that purpose, or by collusion with any person in the building, or who enters any chimney or other opening of the building permanently left open for any necessary purpose, but not intended to be ordinarily used as a means of entrance, is deemed to have broken and entered the building.

House breaking: Burglary.

307.   Any person who—

(a)     breaks and enters the residence of another, with intent to commit a felony in it; or

(b)     having entered the residence of another with intent to commit a felony in it, or having committed a felony in the residence of another, breaks out of the residence, is guilty of a felony, and is liable to imprisonment for seven years.

(c)     If the offence is committed in the night, the offender is liable to imprisonment for life.

Entering residence with intent to commit felony.

308. (1) Any person who enters or is in the residence of another with intent to commit a felony in it is guilty of a felony, and is liable to imprisonment for five years.

(2)     If the offence is committed in the night, the offender is liable to imprisonment for seven years.

Breaking into building and committing felony.

309.   Any person who:

(1)     breaks and enters a schoolhouse, shop, warehouse, store, office, or a building which is adjacent to a residence and occupied with it but is not part of it, and commits a felony in it; or

(2)     having committed a felony in a schoolhouse, shop, warehouse, store, office, or in any such other building as mentioned in subsection (1) of this Section, breaks out of the building;

is guilty of a felony, and is liable to imprisonment for seven years.

Breaking into building with intent to commit a felony.

310.   Any person who breaks and enters a schoolhouse, shop, warehouse, store, office, or a building which is adjacent to a residence and occupied with it but is not part of it with intent to commit a felony in it, is guilty of a felony and is liable to imprisonment for three years.

Breaking into place of worship and committing felony.

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

Persons found armed etc., with intent to commit felony.

 312. (1) 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 residence, and to commit a felony in it;

(b)     having in his possession by night without lawful excuse, the proof of which lies on him, any instrument of housebreaking;

(c)     having in his possession by day or night any such instrument with intent to commit a felony;

(d)     having his face blackened, or being otherwise disguised, with intent to commit a felony;

(e)     being in any building whatever by night with intent to commit a felony in it; or

(f)      being in any building whatever by day with intent to commit a felony in it, and having taken precautions to conceal his presence,

is guilty of a felony, and is liable to imprisonment for three years.

(2)     An offender who has been previously convicted of a felony relating to property, shall on subsequent convictions be liable to imprisonment for seven years.

CHAPTER 32 – Obtaining Property by false pretences; Cheating

Definition of false pretence.

313.   A false pretence means a representation, whether deliberate or reckless, made by word, in writing or by conduct, of a matter of fact or law, either past or present, which representation is false in fact or law, and which the person making it knows to be false or does not believe to be true.

Obtaining by false pretences.

314. (1) Any person who by any false pretence, and with intent to defraud

(a)     obtains, from any other person, in the State or in any other State for himself or any other person;

(b)     induces any other person, in the State or in any other State, to deliver to any person- any property, whether or not the property is obtained or its delivery is induced through the medium of a contract induced by the false pretence

commits an offence.

(2)     A person who by false pretence, and with the intent to defraud, induces any other person, in the State or in any other State, to confer a benefit on him or on any other person by doing or permitting a thing to be done on the understanding that the benefit has been or will be paid for commits an offence.

(3)     A person who commits an offence under subsection (1) or (2) of this section is guilty of a felony and liable to imprisonment for fifteen years.

Obtaining credit by false pretences or other fraud.

315. (1) Any person who by any false pretence or by means of other fraud obtains credit for himself or any other person-

(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 fifteen years

(2)     The offender cannot be arrested without warrant.

Other Related Offences.

316.   Any person who-

(a)     with intent to defraud, represents himself as capable of producing, from a piece of paper or from any other material, any currency note by washing, dipping or otherwise treating the paper or material with or in a chemical substance or any other substance; or

(b)     with intent to defraud, represents himself as possessing the power or as capable of doubling or otherwise increasing any sum of money through scientific or any other medium of invocation of any juju or other invisible entity or of any thing whatsoever; is guilty of a felony and liable on conviction to imprisonment for fifteen years.

Use of premises.

317.   A person who, being the occupier or is concerned in the management of any premises, causes or knowingly permits the premises to be used for obtaining by false pretences is guilty of a felony and is liable to imprisonment for seven years.

Fraudulent Invitation.

318.   A person who by false pretence, and with the intent to defraud any other person, invites or otherwise induces that person or any other person to visit the State for the purpose of obtaining by false pretences is guilty of a felony and is liable to imprisonment for fifteen years.

Receipt of fraudulent document by victim to constitute attempt.

319.   Where a false pretence which constitutes an offence is contained in a document, it shall be sufficient in a charge of an attempt to commit an offence under this Law to prove that the document was received bY the person to whom the false pretence was directed.

Possession of fraudulent document.

320.   A person who is in possession of a document containing a false pretence which constitutes an offence who knows or ought to know that the document contains the false pretence is guilty of a misdemeanour and liable to imprisonment for two years.

Presumption as to false pretences in certain circumstances.

321.   Where in any proceeding for an offence for obtaining by false pretences it is proved that the accused:

(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 defendant issued the cheque he had reasonable grounds for believing, and did in fact believe, that it would be honoured if presented for payment within a reasonable time after its issue by him.

Obtaining execution of a security by false pretences.

322. (1) Any person who with intent to defraud and with a view to gain for himself or another or cause loss to another by any false pretence procures the execution of a valuable security is guilty of a felony and liable to imprisonment for fifteen years.

(2)     Subsection (1) of this Section above shall apply in relation to the making, acceptance, endorsement, alteration, cancellation or destruction in whole or in part of a valuable security and in relation to the signing or sealing of any paper or other material in order that it may be made or converted into or used or dealt with as a valuable security as if it was the execution of a valuable security.

(3)     Valuable security includes any document creating, transferring, surrendering or releasing any right to, in or over property or authorising the payment of money or delivery of any property or evidencing the creation, transfer, surrender or release of any such right or the payment of money or delivery of any property or the satisfaction of any obligation or promissory note.

Cheating.

323. (1) 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 misdemeanour, and is liable to imprisonment for two years.

(2)     A person found committing the offence may be arrested without warrant.

Cheating at Examination.

324. (1) Any person who, in anticipation of or at any examination-

(a)     by any fraudulent trick or device or in abuse of his office or with intent to unjustly enrich himself or any other person procures any question paper produced or intended for use at any examination of persons whether or not the question paper concerned is proved to be false, not genuine or not related to the examination in question;

(b)     by any false pretence or with intent to cheat or secure any unfair advantage for himself or any other person, procures from or induces any other person to deliver to himself or another person any question paper intended for use at any examination ;

(c)     by any false pretence, with intent to cheat or unjustly enrich himself or any other person whatsoever buys, sells, procures or otherwise deals with any question paper intended for use or represented as a genuine question paper in respect of any particular examination; or

(d)     fraudulently or with intent to cheat or secure any unfair advantage for himself or any other person or in abuse of his office procures, sells buys or otherwise deals with any question paper intended for the examination of persons at any examination,

is guilty of a felony and is liable to imprisonment for ten years:

(2)     Any person who brings in unauthorised materials to assist himself or another in an examination of persons whether or not the material relates to the examination concerned is guilty of a felony and liable to imprisonment for ten years.

(3)     Any person who unlawfully assists a candidate in the course of an examination is guilty of a felony and is liable to imprisonment ten years.

(4)     Any person who unlawfully alters or forges any document relating to an examination is guilty of an offence and is liable on conviction to ten years imprisonment.

(2)     Where a person charged with an offence under this Section is a child he shall be dealt with under the provisions of the Child’s Right Law 2007.

(6)     Where the offender is an employee of any body concerned with the conduct of examinations, a head teacher, teacher or other person entrusted with the safety and security of question papers, he shall be proceeded against and punished as provided in this section, notwithstanding that the question paper concerned is proved not to be live, genuine or does not relate to the examination concerned.

(7)     For the purpose of this section, materials includes any thing written on substance or person by means of letters, figures or marks and further includes anything transmitted through fax or any other electronic device.

Conspiracy to Defraud.

325 (1) 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 is guilty of a felony, and is liable to imprisonment for seven years.

(2)     The offender cannot be arrested without warrant.

Frauds on sale or mortgage of property

326.   Any person who, being a seller or mortgagor of any or being the solicitor or agent of any such property 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 to it,

is guilty of a felony and is liable to imprisonment for seven(7) years.

Obtaining registration etc., by false pretence.

327.   Any person who wilfully procures or attempts to procure for himself or any other person any registration, licence or certificate under any Law or the Constitution of the Federal Republic of Nigeria, is guilty of a misdemeanour, and is liable to imprisonment for one year.

CHAPTER 33 – Receiving Property Stolen or Property Fraudulently Obtained and Similar Offences

Receiving stolen or fraudulently obtained property, etc.

328. (1) Any person who dishonestly receives or retains any stolen property knowing or having reason to believe the same to be stolen property or any property fraudulently obtained is guilty of a felony and is liable to imprisonment for fourteen years.

(2)     For the purpose of subsection (1) of this Section, a person receives anything when-

(a)     either alone or jointly with some other person, had the thing in his possession, or;

(b)     has aided in concealing it or disposing of it.

(3)     For the purpose of this section “stolen property” includes property obtained by means of any act constituting a misdemeanour or felony of this Law.

(4)     When another person has acquired a lawful title to a property received under this section, a subsequent receiving of the thing is not an offence although the receiver knows that the thing had previously been so obtained.

Unlawful possession of arms, etc., belonging to the Armed Forces and the Police.

329.   Any person who;

(a)     knowingly detains, buys, exchanges, or receives, from any member of the Armed Forces of Nigeria or any member of the Nigeria Police or from any deserter from either of such forces, or from any person acting for and on behalf of any of the above named persons ;

(b)     solicits or entices any of the above named persons to sell, make away with, or dispose of;

(c)     shall be employed by any of the above named persons, knowing him to belong to any of such forces or to be a deserter of any of the above forces, to sell, make away with, or dispose of; or

(d)     has in his possession and cannot give a satisfactory account of his possession of any arms, ammunition, clothing, accoutrements, medals or other appointments, provided for the use of the armed forces of Nigeria or of the Nigeria Police;

is guilty of a felony and is liable to imprisonment of seven years.

Having possession of thing reasonably suspected to have been stolen.

330. (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 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 to have 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, to a fine of Ninety Thousand Naira or to imprisonment for six months.

Taking reward for recovery of property obtained by committing an offence.

331. Any person who receives or obtains, or agrees to receive or obtain, any property or benefit of any kind on an agreement or understanding that he will help any person to recover anything which has been obtained by any act constituting an offence 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 is liable to imprisonment for seven years.

Money laundering.

332. (1) Any person who converts or transfers resources or properties derived directly or indirectly from any offence or an illegal act with the aim of either concealing or disguising the illegal origin of the resources or property or aiding any person involved in any such offence or illegal act to evade the legal consequences of his action is guilty of a felony.

(2)     Any person who collaborates in concealing or disguising the genuine nature, origin, location, disposition, movement or ownership of the resources, property or right derived directly or indirectly from any other crime or an illegal act is guilty of a felony.

(3)     Any person convicted under subsection (1) or (2) of this section is liable to imprisonment for three years.

Transfer of Criminal proceeds to nominee .

333. (1) Any person who –

(a)     whether by concealment, removal, or transfer to nominees or otherwise retains the proceeds of a crime or an illegal act on behalf of another person knowing or suspecting that other person to be engaged in a criminal conduct or has benefited from a criminal conduct; or

(b)     knowing that any property either in whole or in part directly or indirectly represents another person’s proceeds of a criminal conduct, acquires or uses that property or has possession of it,

is guilty of a felony and is liable to imprisonment for 3 years.

(2)     For the purpose of subsection(1) criminal proceeds relates to the proceeds of any crime committed under this Law.

CHAPTER 34 – Frauds by Trustees and Officers of Companies and Corporations: False Accounting

Trustees, fraudulently disposing of trust property.

334. (1) 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 not authorised by the trust, is guilty of a felony, and is liable to imprisonment for seven years.

(2)     For the purposes of this section the term “trustee” includes the following persons:-

(a)     trustees appointed by an express trust created by a deed, will, or instrument in writing, whether for a public or private or charitable purpose;

(b)     trustees appointed by or under the authority of any Law for any such purpose;

(c)     persons on whom the duties of any such trust as in subsection 2(a) or 2(b) devolve; or

(d)     executors and administrators who are deemed to be trustees in other circumstances by operation of law

Directors and officers of companies fraudulently appropriating property or keeping fraudulent accounts, or falsifying books or accounts.

335. Any person who –

(1)     being a director or officer of a company receives or takes possession of any of the property of the company and, with intent to defraud, omits either to make a full and true entry in the books and accounts of the company, or to cause or direct such an entry to be made in it; or

(2)     being a director, officer, or member of a 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 company, 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 to imprisonment for seven years.

False statements by officials of companies.

336. (1) Any person who, being a promoter, director, officer, or auditor, of a 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 to effect any of the following purposes:

(a)     to deceive or to defraud any member, shareholder, or creditor, of the company, whether a particular person or not;

(b)     to induce any person, whether a particular person or not, to become a member of, or to entrust or advance any property to the company, or to enter into any security for its benefit;

is guilty of a felony, and is liable to imprisonment for seven years.

Fraudulent false accounting.

337.   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 behalf of his employer, or any entry in any such book, document, or account, or is privy to any such act;

(b)     makes, or is privy to making any false entry in any such book, document, or account; or

(c)     omits, or is privy to omitting, any material particular from any such book, document, or account,

is guilty of a felony, and liable to imprisonment for seven years.

False accounting by public officer.

338.   Any person who, being an officer charged with the receipt, custody, or management of any part of the public revenue or property, knowingly makes 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 felony, and is liable on conviction to imprisonment for seven years.

CHAPTER 35 – Damage to Property

Criminal damage to property.

339. (1) Any act which causes damage to public property or the property of another and which is done without his consent is unlawful, unless it is authorised or justified or excused by Law and it is immaterial if the person did not know that the property is public property or the property of another.

(2)     When a lawful act which causes damage to property, is done with intent to defraud any person it becomes an unlawful act.

(3)     It is immaterial that the person who does the damage is in possession of the property damaged, or has a partial interest in it.

(4)     A person is not criminally responsible for any damage caused to property by the use of such force as is reasonably necessary for the purpose of defending or protecting himself, or any other person, or any property, from damage which he believes on reasonable grounds, to be imminent.

(5)     When an act which causes damage to property is done with intent to defraud any person, it is immaterial that the property in question is the property of the offender.

(6) (a) 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.

(b)     The term “damage” used in relation to property includes loss, destruction or alteration of a property.

(7)     A property is damaged when the property has been rendered in operative or imperfect for the purpose for which the property was procured such as to impose on the owner the need to expend money or effort in restoring it to the original state.

Unlawful Interference with property.

340.   Any person who unlawfully disconnects, removes, tampers, meddles with or in any manner interferes with the use of any private or public property is guilty of a felony and is liable to imprisonment for three years.

Arson.

341.   Any person who wilfully and unlawfully sets fire or causes fire to any of the following:

(a)     any building or structure whether completed or not;

(b)     any vessel, whether completed or not;

(c)     any farm, a barn of agricultural product or any other property used as a business premises or any article merchandise or other property used for trade or profession

(d)     a mine, or the workings, fittings, or appliances of a mine;

(e)     any pipeline, cables, mast, towers or any urban furniture,

is guilty of a felony, and is liable to imprisonment for life.

Attempt to commit arson.

 342. Any person who—

 (1)    attempts unlawfully to set fire to any property mentioned in Section 339 of this Law or

(2)     wilfully and unlawfully sets fire to anything which is so situated that any such property mentioned in Section 339 of this Law is likely to catch fire from it;

is guilty of a felony, and is liable to imprisonment for fourteen years.

Causing arson

343.   Any person who negligently causes fire to any of the things mentioned in Section 339 of this Law is guilty of a felony and is liable to imprisonment for seven years.

Threatening damage to property.

344.   Any person who knowing the contents of a writing, or other communication causes another person to receive the writing or other communication threatening that any property mentioned in section 339 is guilty of a felony and is liable to imprisonment for seven years.

Unlawful acts concerning vessels etc.

345.   Any person who—

(1)     wilfully and unlawfully releases, casts away any vessel or destroys any vessel, whether complete or not; or

(2)     wilfully and unlawfully does any act which leads 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 fifteen years.

Attempts to commit unlawful vessels etc.

346.   Any person who attempts unlawfully to cast away or destroy a vessel, whether completed or not, or acts concerning 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 ten years.

Obstructing and damaging roads, highways or railways.

347.   Any person who unlawfully and with intent to obstruct the use of any road, highway, railway or damages any property on a road, highway or railway:

(a)     deals with the road, highway, railway or with anything whatsoever on or near the road, highway or railway in such a manner as to affect or endanger the free and safe use of the railway;

(b)     shows any light or signal, or in any way deals with any existing light or signal, on or near the road, highway or railways; or

(c)     by any omission to do any act which it is his duty to do, causes the free and safe use of the road, highway or railway to be endangered,

is guilty of a felony, and is liable to imprisonment for fourteen years.

Unlawful conversion of public property.

348. (1) Any person who unlawfully converts to his use or the use of another any public property is guilty of a misdemeanour and is liable to imprisonment for one year.

(2)     For the purpose of this section, a person converts public property when he occupies, alters or uses public property without lawful authority.

Injuring animals.

349.   Any person who wilfully and unlawfully kills, maims, or, wounds, any animal is guilty of a misdemeanour and is liable to imprisonment two years.

Wilful damage to property in general.

350.   Any person who wilfully and unlawfully destroys or damages any property is guilty of an offence, which, unless otherwise stated, is a misdemeanour, and he is liable, if no other punishment is provided, to imprisonment for two years.

Special cases of wilful damage to property.

351.   Any person who wilfully and unlawfully destroys or damages any property in any of the following circumstances, is guilty of an offence, and liable to the punishment provided:

(1)     If the property:

(a)     is a public building, structure or a repository where public records;

(b)     a bank, wall of a river, canal, aqueduct, reservoir, inland water, or work which is connected to a dock, reservoir, or inland water, and the damage causes actual danger of flooding or damage to any land or building;

(c)     a road or a highway or railway, or any work connected to it;

(d)     a bridge, viaduct, or aqueduct which is constructed over a road, highway, railway or canal, or waterway over which a railway, highway, or canal passes is destroyed; or

(e)     a railway, road or highway or being such bridge, viaduct, or aqueduct, or the highway, railway, road or canal, passing over or under the same, or render any such part dangerous or impassable,

the offender is guilty of a felony, and is liable to imprisonment for life.

(2)     Wills and registers

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 life imprisonment.

(3)     Wrecks

If the property in question is a vessel or other vehicle in distress or wrecked, or stranded, or anything which belongs to such vessel or vehicle, the offender is guilty of a felony, and is liable to imprisonment for seven years.

(4)     Other things of special value

If the property in question is:

(a)     a vessel or vehicle, whether complete or not, is destroyed;

(b)     a vessel or vehicle, whether complete or not, is damaged, and the damage is done with intent to destroy it or render it useless;

(c)     a light, beacon, buoy, mark, or signal, used for the purposes of navigation, or for the guidance of persons engaged in navigation; or

(d)     is a bank or wall of a river, canal, aqueduct, reservoir, or inland water, or a work which is connected to a dock, canal, aqueduct, reservoir, or inland water, or which is used for the purposes of loading or unloading of goods;

(e) (i) anything in process of manufacture or an agricultural or manufacturing machine or a manufacturing implement; or

(ii)     a machine or implement or appliance used or intended to be used for performing any process; or

(g)     a well, mine, mast, urban furniture, or bore hole 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.

(5)     Deeds and records

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 interest in land, the offender is guilty of a felony, and is liable to imprisonment for seven years.

(6)     “Process” in paragraph (e) (ii) of this Section includes mining, dredging, or oil exploration Interfering with signals used for purposes of navigation

Interfering with signals used for navigation.

352.   Any person who wilfully and unlawfully removes, defaces, or renders invisible, any light, beacon, buoy, mark, purposes of 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.

Interfering with navigation works.

353.   Any person who –

 (1)    wilfully and unlawfully removes or disturbs any fixed objects or materials used for securing any work for purposes of navigation or loading or unloading of goods; or

(2)     unlawfully does any act with intent to obstruct the carrying on, completion, or maintenance of the navigation of any navigable route, and thereby obstructs such carrying on, completion, or maintenance,

is guilty of a felony, and is liable to imprisonment for seven years.

Removing boundary marks with intent to defraud.

354.   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.

Wilful damage, etc., to survey and boundary marks.

355. (1) Any person who:-

(a)     wilfully removes, defaces or damage any survey mark or boundary mark which was made or erected by or under the direction of any Government department or in the course of or for the purposes of a Government survey;

(b)     being under an obligation to maintain or repair any boundary mark made or erected as mentioned in subsection(1) of this Section neglects or refuses to repair the same; or

(c)     wilfully removes, defaces or injures any mark erected by an intending applicant for any lease, licence or right under the Minerals Act;

is guilty of a misdemeanour and is liable to imprisonment for two years or to a fine of Three Hundred and Sixty Thousand 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 his act or neglect.

Unlawful sand dealing and dredging.

356.   Any person who unlawfully engages in sand dealing or dredging in, or around water front and embankments, along waterways, rivers, creeks, lakes and lagoons within the state, is guilty of a felony and is liable to imprisonment for three years and shall be ordered by the court to pay any fees, levies or charges that he would have been liable to pay under any Law for the duration of the illegality.

Definition of sand dealing and dredging.

357. (1) “Sand dealing” includes the engagement of any person in the business of sale, purchase, transportation, or dealing or transportation of granite, laterite stone, gravel, clay, sand obtained from within around or on waterfront and embankment, and from waterways, rivers, creeks, lakes and lagoons within the State.

(2)     “Dredging” includes excavating sand, mud or other substances in or around or on waterfront and embankment, along waterways, rivers, creeks, lakes and lagoons within the State.

Obstructing Railways.

358.   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 on a railway to be obstructed in its passage is guilty of a misdemeanour, and is liable to imprisonment for two years.

Penalties for damage, etc., to railway works.

359.   Any person who-

(1)     wilfully damages, 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 on the ground, trees, stones, or buildings, or any other material, belonging to any railway works; or

(3)     commits any nuisance or trespass in or on any land, buildings, 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 misdemeanour, and is liable to imprisonment for three months or to a fine of Forty Five Thousand Naira.

Arrest without warrant.

360.   A person found committing any of the offences defined in this Chapter may be arrested without warrant by a peace officer or a Police Officer or by the owner of the property damaged or by his employee, or by any person authorised by the owner or his employee.

PART 7

FORGERY AND ALLIED OFFENCES

CHAPTER 36 – Forgery in General: Definitions

Definitions.

361.   In this chapter unless the context otherwise requires:

“bank note” includes any negotiable instrument issued by or on behalf of any person or corporation or issued by the authority of any government and intended to be used as equivalent to money, either immediately on issue or at any time afterward and also includes a bank bill or a bank post bill, currency note or any note which is legal tender in the country in which it is issued;

“document” includes a register or register-book, or part of either, and any book, and any paper or other material 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; or any disc, tape, soundtrack or other device on or in which information is recorded or stored by electronic or other means but does not include trade marks on articles of commerce;

“seal” includes any stamp, die, or other thing, from which an impression can be taken by means of pressure or of ink, or by any other means;

“writing” includes an inscription on wood, stone, metal, or other material; it also includes a mere signature and a mark of any kind.

False documents

361. (1) 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 an entry in any such register, or which purports to be issued by lawful authority as testifying to the contents of any register or record kept by lawful authority; or as testifying to any fact or event, if any material particular stated in the document is untrue;

(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;

(c)     if in a case where the time and place of making it is material, although it 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 and place of the making;

(d)     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

(e)     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 appear as made by some other person, real or fictitious.

(2)     A seal or mark is said to be counterfeit if it is made without lawful authority, and is in such a form as to resemble a genuine seal or mark, or in the case of a seal, in such a form as to be capable of producing impressions resembling those produced by a genuine seal.

(3)     A representation of the impression of a seal is said to be counterfeit if it is not in fact made by the seal.

(4)     The term “resemble”, applied to anything, includes the case where the thing is made to resemble, or is apparently intended to resemble the object spoken of.

Definition of forgery.

363. (1) A person who knowingly makes a false document or writing with:

(a)     intent that it may in any way be used or acted on as genuine, to the prejudice of another or;

(b)     intend 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.

(2)     A person who makes:

(a)     a counterfeit seal or mark, or an impression of a counterfeit seal knowing the seal to be counterfeit,

(b)     a counterfeit representation of the impression of a genuine seal, or

(c)     without lawful authority an impression of a genuine seal, with intent that the thing so made may in any way be used or acted on as genuine to the prejudice of any person, or with intent that any person may, in the belief that it is genuine, be induced to do or refrain from doing any act is said to forge the seal or mark.

(3)     The term “make a false document or writing” includes altering a genuine document or writing in any material part, either by erasure, obliteration, removal, or otherwise; and making any material addition to the body of a genuine document or writing and adding to a genuine document or writing any false date, attestation, seal or other material matter.

(4)     It is immaterial :

(a)     in what language a forged document or writing is expressed;

(b)     that the forger of anything forged may not have intended that any particular person should use or act on it, or that any particular person should be prejudiced by it, or be induced to do or refrain from doing any act;

(c)     that the thing forged is incomplete or does not purport to be a document, writing, or seal, which would be binding in Law for any particular purpose, if it is so made, and is of such a kind, as to indicate that it was intended to be used or acted on.

Certain matters Immaterial.

364.   In the case of an offence which involves the forging or using or dealing with 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-

(a)     where the money or property is, or purports to be payable, deliverable, or transferable, or the obligation is, or purports to be, an obligation to be performed; or

(b)     if the money or property is, or purports to be payable, deliverable, or transferable, or the obligation is, or purports to be an obligation to be performed in some place outside the State that the document or writing is under seal or not.

CHAPTER 37 – Punishment of Forgery and like Offences

Punishment of forgery in general.

365.   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 –

(a)     purports to be, or is intended by the offender to be understood to be or to be used as the public seal of the State or any other State within Nigeria or the Federal Republic of Nigeria or any other country or the seal of the President of Nigeria or the Governor; or

(b)     is a document having on it or affixed to it any such seal, signet, or sign manual, or anything which purports to be, or is intended by the offender to be understood to be any such seal, signet, or sign manual,

the offender is liable to imprisonment for fourteen years.

(2)     Securities, titles, register, judicial register etc.

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 or of any other country, or to any dividend or interest payable in respect of any such debt, or a transfer or assignment of any such document, or a receipt or certificate for any interest or money payable or accruing on or in respect of any such public debt;

(b)     a transfer or assignment of a share in any company, whether domestic or foreign or in the debt of any such company or a receipt or certificate for any interest or money payable or accruable in respect of any such share, interest, or debt;

(c)     a document acknowledging or being evidence of the indebtedness of the Government of the State, or any other State in Nigeria or the Federal Government of Nigeria or the Government of any other country;

(d)     a document which by any Law in Nigeria, or Law of any other country is evidence of any title or interest in land in Nigeria or any other country, or an entry in any register or book which is such evidence;

(e)     a document which by Law is required for the registration of any title to or interest in land ;

(f)      a testamentary instrument or a probate or letters of administration;

(g)     a bank note, bill of exchange, promissory note, an acceptance, endorsement, or assignment of any of them;

(h)     a deed, bond, or a draft, warrant, order, or other security for the payment of money, or for the delivery or transfer of a valuable security, or for procuring or giving credit, whether negotiable or not, or an endorsement or assignment of any such document;

(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 any of them;

(l)      a policy of insurance of any kind;

(m)    a power of attorney or other authority to execute any such document as mentioned in paragraphs (a)-(l) of this subsection;

(n)     the signature of a witness to any of the documents mentioned in paragraphs (a)-(l) in this subsection to which attestation is required by Law;

(o)     a register of births, baptisms, marriages, deaths, or burials, authorised or required by Law to be kept, or any entry in any such register;

(p)     a copy of such register or entry as mentioned in paragraph (o) above, which is authorised or required by Law to be given to or by any person;

(q)     a seal used by a registrar appointed to keep a register referred to in paragraph (o) or the impression of any such seal, or the signature of any such registrar;

(r)      a stamp used for denoting the payment of fees or percentages in any court;

(s)     the superscription of any postal matter by any person empowered under any enactment to frank postal matter;

(t)      the seal of a Court of record in Nigeria or any other country or the seal used at the Chambers of the Head of a Court or for stamping or sealing summonses or orders;

(u)     a seal or signature by virtue of which any document can by Law be used as evidence;

(v)     any process of any Court of justice in any country;

(w)    a document issued or made by the authority of any such Court as mentioned in paragraph (v) of this subsection;

(x)     a document or copy of a document of any kind intended by the offender to be used as evidence in any court mentioned in paragraph (v) of this subsection; and

(y)     a record or other document of or belonging to a court of record in any country of the Commonwealth or of a country under the protection of a Commonwealth country,

the offender is guilty of a felony and liable to imprisonment for seven years.

(3)     Documents relating to revenue and acts of State, etc. 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)     the signature of the Governor of the State, or of any other State in Nigeria or the President of the Federal Republic of Nigeria, or a Commissioner of the government of a State or a Minister of the Federation on any grant, commission, warrant, or order;

(b)     a seal or stamp used for the purpose of the public revenue in Nigeria or in any other country;

(c)     a document relating to the obtaining or receiving of any money payable on account of the public service of Nigeria, or of any other property of the State in any country, or a power of attorney or other authority to execute any such document; the offender is guilty of a felony and liable to imprisonment for seven years.

Using false documents and counterfeit seals.

365 (1) Any person who fraudulently uses or deals with a false document or writing, or a counterfeit seal, is guilty of an offence of the same kind and is liable to the same punishment as if he had forged the thing in question.

(2)     It is immaterial whether the false document or writing, or counterfeit seal, was made in the State or elsewhere.

(3)     The term “fraudulently” means an intention that the thing in question shall be used or acted on as genuine, whether in Nigeria or elsewhere, to the prejudice of some person, whether a particular person or not, or that some person whether a particular person, or not, shall, in the belief that the thing in question is genuine, be induced to do or refrain from doing some act, whether in the State or elsewhere.

Using cancelled or exhausted documents.

367.   Any person who knowingly uses or deals with any document as if it is a subsisting and effectual document, any document which has by any lawful authority been ordered to be revoked, cancelled, or suspended, or the operation of which has ceased by effluxion of time, or by death, or by the happening of any other event, is guilty of a felony and is liable to imprisonment for three years.

Using cancelled Stamps.

368.   Any person who knowingly uses or deals with as and for a valid and uncancelled stamp, a stamp or an impression of a seal, used for any purpose connected with the public revenue in Nigeria or any country which has been already used or which has been cancelled, is guilty of a felony and is liable to imprisonment for seven years.

Procuring execution of false pretences.

369.   Any person who, by means of any false and fraudulent representation as to the nature, contents, or operation, of a documents by document procures another to sign or execute the document, is guilty of an offence of the same kind and is liable to the same punishment as if he had forged the document.

Making documents without authority.

370. Any person who, with intent to defraud and –

 (1)    without lawful authority or excuse, makes, signs, or executes for or in the name or on account of another person, whether by procuration or otherwise, any document or writing; or

(2)     knowingly uses or deals with any document or writing so made, signed, or executed, by another person;

is guilty of a felony, and is liable to imprisonment for seven years.

Demanding property by means of forged testamentary instruments.

371.   Any person who procures the delivery or payment to himself or any other person of any property or money by virtue of any probate or letters of administration granted by means of a forged testamentary instrument, knowing the testamentary instrument to have been forged, or by virtue of any probate or letters of administration obtained by false evidence, knowing the grant of same to have been so obtained, is guilty of an offence of the same kind and is liable to the same punishment as if he had forged the document or thing by virtue of which he procures the delivery or payment.

Purchasing forged bank notes.

372.   Any person who, without lawful authority or excuse, the proof of which lies on him, purchases or receives from any person, or has in his possession, a forged bank note, whether filled up or in blank, knowing it to be forged, is guilty of a felony, and is liable to imprisonment for seven years.

Falsifying a warrant or voucher for money payable under public authority.

373.   Any person employed in the public service who  knowingly and with intent to defraud makes out or delivers to any person a warrant or voucher for the payment of any money payable by public authority, for a greater or less amount than that to which the person on whose behalf the warrant or voucher is made out is entitled, is guilty of a felony, and is liable to imprisonment for seven years.

Sending false certificate of marriage to registrar.

374.   Any person who signs or transmits to a person authorised by Law to register marriages, a certificate of marriage, or any document purporting to be a certificate of marriage, which in any material particular is to his knowledge false, is guilty of a felony, and is liable to imprisonment for seven years.

False statements for the purpose of registers of births, deaths and marriages.

375.   Any person who knowingly and with intent to procure the same to be inserted in a register of births, deaths, or marriages, makes any false statement concerning any matter required by Law to be registered in any such register, is guilty of a felony, and is liable to imprisonment for seven years.

CHAPTER 38 – Preparation for forgery

Instruments and materials used forgery and counterfeiting.

376. (1) Any person who without lawful authority or excuse, the proof of which lies on him makes or for mends or begins or prepares to make or mend or uses, or knowingly has in his possession or , disposes of, any instrument or material for forging any such paper mentioned resembling any paper such as is specially provided by proper authority for the purpose of making any bank note, stamps, including postage stamps, licence, permit, certificate or other document used for the purposes of public revenue in Nigeria or in any other country is guilty of a felony and is liable to imprisonment for three years.

(2)     Any person who without lawful authority or excuse, the proof of which lies on him makes or mends or begins or prepares to make or mend or uses, or knowingly has in his possession or, disposes of any machinery, instrument or material for making any such paper mentioned in subsection (1) of this section or counterfeiting any seal, mark or stamp is guilty of a felony and is liable to imprisonment for three years.

(3)     Any person who without lawful authority or excuse, the proof of which lies on him makes or mends or begins or prepares to make or mend or uses, or knowingly has in his possession or fraudulently, and with intent that use may be made of any part of such stamp, mutilates the stamp or seal is guilty of a felony and liable to imprisonment for three years.

Unlawful inquiries relating to the possibility of forgery.

377 (1) Any person who, without lawful authority or excuse the proof of which lies on him, either orally or in writing makes inquiries of any other person, whether in the State or at any place not in the State—

(a)     as to the cost of obtaining or the cost of supplying or as to obtaining or supplying any machinery or instrument or material for the making of any paper or capable of producing in or on any paper any words, figures, letters, marks or lines resembling any words, figures, letters, marks or lines used in or on paper specially provided for any purpose mentioned in paragraph (I) of section 374 of this Law.

(b)     as to the cost of printing or otherwise reproducing or as to printing or otherwise reproducing any document referred to in paragraph (1) of section 372; no matter by what name such document may be referred to;

(c)     as to whether such other person or any other person is prepared to print or otherwise reproduce or would be prepared to print or otherwise reproduce any such document as mentioned before;

(d)     as to whether such other person or any other person is prepared to obtain or would be prepared to obtain any such document as mentioned above by any means other than paying full value for the same,

is guilty of a misdemeanour 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.

Paper for postal purposes.

378.   Any person who, without lawful authority or excuse, the proof of which lies on him, knowingly has in his possession or disposes of any paper which has been specially provided by the proper authority for the purpose of being used for postage stamps, money orders, or postal orders, before such paper has been lawfully issued for public use, is guilty of a misdemeanour, and is liable to imprisonment for two years.

Paper and dye for postage stamps.

379. (1) Any person who, without lawful authority or excuse, the proof of which lies on him:

(a)     makes or begins or prepares to make, or uses for any postal purpose, or has in his possession, or disposes of any imitation or representation on paper or any other material, of any stamp used for denoting any rate of postage of Nigeria, or of any other country; or

(b)     makes or mends, or begins or prepares to make or mend, or uses, or has in his possession or disposes of, any die, plate, instrument, or material, for making any such imitation or representation,

is guilty of a misdemeanour, and is liable to imprisonment for one year, or to a fine of One Hundred and Eighty Thousand Naira.

(2)     Any stamps, and any other such things found in the possession of a person convicted under this Section shall be forfeited to the State.

(3)     For the purposes of this Section a stamp purporting to denote a rate of postage of any country is to be taken to be a stamp used for postal purposes in that country until the contrary is shown.

CHAPTER 39 – Impersonation

Impersonation in general.

380. (1) Any person who, with intent to defraud another, falsely represents himself to be some other person, living or dead, is guilty of a felony, and is liable to imprisonment for three years.

(2)     If the representation is that the offender is a person entitled by Will or operation of Law to any specific property and he commits the offence to obtain such property or possession, he is guilty of a felony and is liable to imprisonment for seven years.

Falsely acknowledging deeds, recognisances etc.

381.   Any person who, without Lawful authority or excuse, the proof of which lies on him, makes in the name of any other person before any Court or person lawfully authorised to take such an acknowledgment, an acknowledgment of liability of any kind, or acknowledgment of a deed or other instrument is guilty of a felony and is liable to imprisonment for seven years.

Impersonation of a person named in a certificate.

382.   Any person who uses or deals with any document which has been issued by a lawful authority to another person, and where that other person is certified to be a person possessed of any qualification recognised by Law for any purpose, or to be the holder of any office, or to be entitled to exercise any profession, trade, or business, or to be entitled to any right or privilege, or to enjoy any rank or status, and falsely represents himself to be the person named in the document is guilty of a felony and is liable to imprisonment for seven years.

Lending certificate for impersonation.

383.   Any person to whom any document has been issued by lawful authority certifying him to be a person possessed of any qualification recognised by Law for any purpose, or to be the holder of any office, or to be entitled to exercise any profession, trade, or business, or to be entitled to any right or privilege, or to enjoy any rank or status, sells, gives or lends the document to another person with intent that, that other person may represent himself to be the person named in it is guilty of a felony and is liable to imprisonment for seven years.

Impersonation of person named in a testimonial or character.

384. Any person who, with the purpose of obtaining any employment, uses or deals with any document of the nature of a testimonial or attestation to character given to another person is guilty of a misdemeanour and is liable to imprisonment for two years.

Lending testimonial for impersonation.

385. Any person to whom any document of the nature of a testimonial or attestation to character has been given, gives sells or lends such document to another person with the intent that the other person may use or deal such document for the purpose of obtaining any employment is guilty of a misdemeanour and is liable to imprisonment for two years.

CHAPTER – Fraudulent Debtors

Fraudulent dealing with property by debtors

386.   Any person who, with intent to defraud his creditors or any of them—

(a)     makes any gift, delivery, or transfer of his property, or any charge on his property; or

(b)     conceals or removes any part of his property after or within two months before the date of any unsatisfied judgment or order for payment of money obtained against him;

is guilty of a felony, and is liable to imprisonment for three years.

PART 8 -MISCELLANEOUS OFFENCES

CHAPTER 41 – Computer and electronic data misuse offences

Unauthorised access to computer material.

387.   Any person who intentionally causes a computer to perform any function with intent to secure unauthorised access to any program or data held in any computer is guilty of a misdemeanour and is liable to imprisonment for two years.

Unauthorised access with intent to commit or facilitate commission of further offences.

388. (1)      Any person who with intent to facilitate the commission of any offence whether by himself or another person commits an offence under section 385 of this Law is guilty of a felony and is liable to imprisonment for three years.

(2)     For the purpose of this section, it is immaterial that the facts are such that the commission of the further offence is impossible.

Unauthorised modification of computer material.

389. (1) Any person who knowingly does any act which causes an unauthorised modification of the contents of any computer is guilty of a felony and is liable to imprisonment for three years.

(2)     For the purposes of subsection (1) of this Section, a person knowingly does an act when he has knowledge that any modification he intends to cause is unauthorised.

(3)     It is immaterial for the purpose of this section whether an unauthorised modification or any intended effect of it, of a kind mentioned in subsection (2) above is, or is intended to be, permanent or merely temporary.

Unauthorised modification of computer material with intent.

390. (1) Where a person commits an offence under section 387 (a) impair the operation of any computer; or

(b)     prevent or hinder access to any program or data held in any computer; or

(c)     impair the operation of any such program or the reliability of any such data. he is guilty of a felony and liable to imprisonment for five years

(2)     The intent in subsection (1) of this Section need not be directed at:

(a)     any particular computer;

(b)     any particular program or data or a program or data of any particular kind; or

(c)     any particular modification or a modification of any particular kind.

Electronic data of public records.

391.   Where an offence is committed under sections 385 –388 of this Law in relation to an electronic data of public records the offender is guilty of a felony and liable to imprisonment for seven years.

CHAPTER 42 – Specially aggravated offences

Meaning of “specially aggravated offence”

392. (1) An offence is specially aggravated for the purpose of this Chapter where;

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

(b)     the offence is motivated (wholly or partly) by hostility towards members of an ethnic, religious, racial group or other special group based on their membership of that group.

(2)     In subsection (1)(a) of this Section —

(a)     “membership”, in relation to an ethnic, religious or racial group, includes association with members of that group;

(b)     “presumed” means presumed by the offender.

(3)     It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) of this Section whether or not the offender’s hostility is also based, to any extent, on—

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

(b)     any other factor not mentioned in that paragraph.

(4)     In this chapter

(a)     “ethnic group ” means a group of persons defined by reference to ethnic or national origin.

(b)     “religious group” means a group of persons defined by reference to a religion.

(c )    “racial group” means a group of persons defined by reference to a race or colour.

(d)     “Special group” includes a refugee and an internally displaced person.

Punishment for specially shall aggravated offences.

393.   Where a person is convicted of an offence under this Law and the Court is satisfied that the offence was specially aggravated the Court impose punishment as follows:

(a)     where the offence is punishable with imprisonment for a term exceeding seven years, not less than half of the maximum punishment prescribed for the offence;

(b)     where the offence is punishable with imprisonment for a term exceeding three years but not more than seven years, not less than three years imprisonment;

(c)     where the offence is punishable with imprisonment for a term not exceeding three years, not less than half of the maximum punishment prescribed for the offence.

CHAPTER 43 – Cruelty to Animals

Offences of Cruelty.

394. (1) Any person who:

(a)     cruelly beats, kicks, ill-treat, over-rides, over-drives, over-loads, tortures, infuriates, or terrifies any animal, or causes or procures, or, being the owner, permits any animal to be so used;

(b)     by wantonly or unreasonably doing or omitting to do any act, or causing or procuring the commission or omission of any act, causes any unnecessary suffering, or, being the owner, permits any unnecessary suffering to be caused to any animal;

(c)     conveys or carries, or being the owner, permits to be conveyed or carried any animal in such manner or position as to cause such animal unnecessary suffering;

(d)     wilfully without any reasonable cause or excuse administers, or causes or procures, or, being the owner, permits such administration of, any poisonous or injurious drug or substance to any animal, or willfully without any reasonable cause or excuse causes any such substance to be taken by any animal;

(e)     subjects, or causes or procures, or, being the owner, permits, to be subjected, any animal to any operation which is performed without due care and humanity; or

(f)      causes, or procures, or assists at the fighting or baiting of any animal, or keeps, uses, manages, or acts or assists in the management of, any premises or place for the purpose, or partly for the purpose, of fighting or baiting any animal, or permits any place to be so kept, managed or used, or receives or causes or procures any person to receive money for the admission of any person to such premises or place; is guilty of an offence and is liable to imprisonment for three months or to a fine of Forty Five Thousand Naira, or to both.

(2)     For the purposes of this Section, an owner shall be deemed to have committed cruelty within the meaning of this chapter if he failed to exercise reasonable care and supervision in respect of the protection of the animal.

(3)     When an owner is convicted of permitting cruelty within the meaning of this Chapter by reason only of his having failed to exercise such care and supervision, he is liable to a fine only.

(4)     Nothing in this Chapter shall apply:

(a)     to the commission or omission of any act in the course of the destruction, or the preparation for destruction, of any animal as food for mankind, unless such destruction or such preparation was accompanied by the infliction of unnecessary suffering; or

(b)     to the coursing or hunting of any captive animal, unless such animal is liberated in an injured, mutilated or exhausted condition; but a captive animal shall not, for the purposes of this section, be deemed to be coursed or hunted before it is liberated for the purpose of being coursed or hunted, or after it has been recaptured, or if it is under control.

Court may order destruction of animal.

395.   When the owner of any animal is convicted of an offence of cruelty under section 392 of this Law, it shall be lawful for the court, if the Court is satisfied that it would be cruel to keep the animal alive, to direct that the animal be destroyed, and to assign the animal to a suitable person for that purpose. Any reasonable expenses incurred in destroying the animal may be ordered by the Court to be paid by the owner, and shall be recoverable in like manner as a fine.

Court may deprive person of ownership.

396. (1) If the owner of any animal shall be guilty of cruelty within the meaning of this Chapter to any animal, the Court on his conviction may if it thinks fit, in addition to any other punishment, deprive such person of the ownership of the animal, and may make such order as to the disposal of the animal.

(2)     The court shall not make the order provided for in subsection (1) of this Section unless it is shown by evidence as to a previous conviction, or as to the character of the owner, or otherwise, that the animal, if left with the owner, is likely to be exposed to further cruelty.

Power of Police to take charge of animal or vehicle.

397. (1) When a person in charge of an animal or vehicle in which an animal is being transported is arrested it shall be lawful for any Police Officer to take charge of such animal or vehicle and to deposit the same in a place of safe custody until the termination of the proceedings or until the Court shall direct such animal or vehicle to be delivered to the person charged or to the owner.

(2)     The reasonable costs of such custody including the reasonable costs of any veterinary treatment shall, in the event of a conviction in respect of the animal or vehicle, be paid by the owner, and such costs may be recovered as a fine.

CHAPTER 44 – Offences in relation to Ferries and Jetties

Definitions.

398. In this Chapter, unless the context otherwise requires:

“crew” includes masters, mates, pilots, engineers, deck-hands and all persons engaged in the navigation or service of a ship, ferry, boat, or canoe;

“Ferry” includes any craft, barge, lighter canoe, boat or tug of any kind whatsoever towed or self propelled by any type of motor or otherwise;

“Ship” includes every description of vessel operating in the State and every passenger steamer employed in local navigation on intra-state waters of the State.

Offences in relation to ferries and ships and Trains

399. (1) Any person who:

(a)     being drunk or disorderly and has on account of that been refused admission persists in attempting to enter a ferry or ship;

(b)     being drunk or disorderly on board a ferry or ship is requested by any duly authorised member of the crew to leave the ferry or ship at any place at which he can conveniently do so, and does not comply with the request;

(c)     being on board a ferry or ship, molests or continues to molest any passenger after warning by any duly authorised member of the crew;

(d)     obstructs, impedes or molests the crew or any of them in the navigation or management of the ferry or ship;

(e)     after having been refused admission to a ferry or ship by any duly authorised member of the crew on account of the ship being full, persists in attempting to enter a ferry or ship;

(f)      having gone on board the ferry or ship at any place and being requested, on account of the ferry or ship being full, by any duly authorised member of the crew to leave the ferry or ship, before it has departed that place, does not comply with that request;

(g)     travels or attempts to travel in a ferry or ship without first paying his fare and with intent to avoid payment;

(h)     having paid his fare for a certain distance, knowingly and willfully proceeds in the ferry or ship beyond that distance without first paying the additional fare for the additional distance, and with intent to avoid payment;

(i)      on arriving on a ferry or ship at the point to which he has paid his fare knowingly and wilfully refuses or neglects to leave the ferry or ship;

(j)      being on board a ferry or ship when requested by any duly authorised member of the crew either to pay his fare or exhibit such ticket or other receipt, if any, showing the payment of his fare, as is usually given to persons travelling by and paying their fare on a ferry or ship fails to do so;

(k)     who travels or attempts to travel in that part of a ferry or ship which is set apart for passengers of a superior class to that for which he holds a ticket; or

(l)      travels or attempts to travel in any ferry or ship or part of a ferry or ship which is not set apart for public passengers and on being ordered by any duly authorised member of the crew to leave such place refuses to do so,

is guilty of an offence and is liable to a fine of Ten Thousand naira without prejudice to the recovery of any fare payable by him.

(2)     Any member of the crew in charge of any ship, and all persons called by him to his assistance, may, without warrant, arrest any person who commits any offence under this section and whose name and address are unknown to him.

(3)     Any person who commits an offence under this section and at the request of the officer or officer in charge of the ferry or ship, refuses to give his name and address, or gives a false name or address, is guilty of an offence and is liable to a fine of Ten Thousand Naira.

Entering ferry or ship without ticket.

400. (1) Any person who is not a passenger of a ferry or ship or not having purchased a ticket to travel by a ferry or ship enters or attempts to enter into any enclosed jetty, quay, wharf, or such place, and on being ordered to leave such a place by any person duly authorised by the management of the place or any Police Officer refuses to do so is guilty of an offence and is liable to a fine of Five Thousand Naira or in default to imprisonment for one month.

(2)     Any duly authorised member of the crew or any Police Officer and all persons called by him to his assistance may, without warrant, arrest any person who commits any offence under this section and whose name and address are unknown to him.

Power to exclude drunken or person from ferry or ship.

401.   Any duly authorised member of the crew of any ferry ship may refuse to receive on board any person who by reason of drunkenness or otherwise is in such a state, or misconducts himself in such manner, as to cause annoyance or injury to passengers on board and if any such person is on board, may put him on shore at any convenient place.

Offences by members of a crew.

402. (1) Any person who:

(i)      having entered into an agreement to serve in the crew of any ferry or ship fails to perform his obligation; or

(ii)     being a member of the crew of any ferry or ship;

(a)     deserts or without leave or lawful cause absents himself from duty;

(b)     is intoxicated during working hours;

(c)     refuses without reasonable excuse to obey the order of any person in authority over him;

(d)     uses abusive or insultive language on any person in authority over him or any passenger;

(e)     willfully does any act tending to the loss of or damage or serious risk to his employer’s property; or

(f)      refuses or omits without reasonable cause to do any act proper and required to be done by him for preserving his employers’ property,

is guilty of an offence and is liable to a fine of Forty Five Thousand Naira.

(2)     Any person serving in the crew of any ferry or ship who combines with any of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ferry or ship or the progress of the voyage is guilty of an offence and liable to imprisonment for six months.

PART 9 – TERRORISM

CHAPTER 45 – Offences in relation to Terrorism

Offences in Relation to Terrorism.

403. (1) A person who wilfully provides or collects by any means, directly or indirectly, an money from any other person with intent that the money shall be used or with the knowledge that the money shall be used to promote any act of terrorism, is guilty of felony and to imprisonment for life.

(2)     Any person who does or attempts to do an act of terrorism or participates in or facilitates the commission of an act of terrorism, is guilty of a felony and is liable to imprisonment for life.

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

Definition

404. “Terrorism” includes

(1)     any act which may endanger the life, physical integrity or freedom of, or cause serious injury or death of any person, or group of persons, or causes or may cause damage to property, natural resources, environmental or cultural heritage and is calculated or intended to-

(a)     intimidate, put in fear, force, coerce or induce any government, body, institution, the general public or any segment of it to do or abstain from doing any act or to adopt or abandon a particular stand point, or to act according to certain principles or

(b)     disrupt any public service, the delivery of any essential service to the public or to create public emergency, or

(c)     create a situation of breakdown of law and order in the state; or

(2)     any promotion, sponsorship of, contribution to, command, aid incitement, encouragement, attempt threat, conspiracy, organization or procurement of any act referred to in paragraph (1)(a)(b) and (c) of this Section

PART 10 – PUNISHMENT FOR INCHOATE OFFENCES AND INTERPRETATION

CHAPTER 46 – Punishment for attempts

Attempts to procure commission of criminal acts.

405. (1) Any person who attempts to procure another to do an act or make an omission of such a nature that if he himself were to do the act or make the omission he would be guilty of an offence, is himself to be deemed guilty of attempting to commit such offence and liable to be punished accordingly.

(2)     Any person who while in the State attempts to procure another to do an act or make an omission at a place not in the State of such a nature:

(a)     that if he were himself to do the act or make the omission in the State he would be guilty of an offence; and

(b)     that if he were himself to do the act or make the omission at the place where the act or omission is proposed to be done or made he would himself be guilty of an offence under the laws in force at that place,

is guilty of an offence of the same kind and is liable to the same punishment as if he himself attempted to do the same act or make the same omission in the State.

Punishment for attempts to commit felonies.

406. (1) Any person who attempts to commit a felony of such a kind that a person convicted of it is liable to the punishment of death or imprisonment for a term of fourteen years or upwards with or without other punishment, is guilty of a felony, and is liable, if no other punishment is provided, to imprisonment for seven years.

(2)     Any person who attempts to commit a felony of any other kind is liable, if no other punishment is provided, to a punishment equal to one-half of the maximum punishment to which an offender convicted of the felony which he attempted to commit is liable.

Punishment for attempt to commit other offences.

407.   Any person who attempts to commit any other offence is liable, if no other punishment is provided, to a punishment equal to one-half of the maximum punishment to which an offender convicted of the offence which he attempted to commit is liable.

Reduction of punishment.

408. (1) When a person is convicted of attempting to commit an offence, if it is proved that he desisted of his own motion from the further prosecution of his intention, without its fulfilment being prevented by circumstances independent of his will, he is liable to one-half only of the punishment to which he would otherwise be liable.

(2)     If the punishment in subsection (1) of this Section is imprisonment for life, the maximum punishment to which the offender is liable to is imprisonment for seven years.

Preparation to commit crimes with explosives etc.

409.   Any person who makes or knowingly has in his possession any explosive substances, or any dangerous or noxious engine, instrument, or thing whatever, with intent to use it to commit, or for the purpose of enabling any other person to use it to commit any felony, is guilty of a felony and is liable to imprisonment for three years.

Neglect to prevent felony.

410.   Any person who, knowing that a person designs to commit or is committing a felony, fails to use all reasonable means to prevent the commission or completion of it, is guilty of a misdemeanour and is liable to imprisonment for two years.

CHAPTER 47 – Conspiracy

Conspiracy to commit felony.

411.   Any person who conspires with another to commit any felony in the State, or to do any act outside the State which if done in the State would be a felony, and which is an offence under the Laws in force in the place where it is proposed to be done, is guilty of a felony.

Conspiracy to commit other offences.

412.   Any person who conspires with another to commit any offence in the State which is not a felony, or to do any act outside the State which if done in the state would be an offence but not a felony, and which is an offence under the Laws in force in the place where it is proposed to be done, is guilty of a misdemeanour and is liable to imprisonment for two years

Other Conspiracies.

413.   Any person who conspires with another to effect any of the following purposes;

(1)     prevent or defeat the execution or enforcement of any Act or Law;

(2)     cause any injury to the person or reputation of any person, or to depreciate the value of any property of any person;

(3)     prevent or obstruct the free and lawful disposition of any property by it’s owner for its fair value; or

(4)     injure any person in his trade or profession,

is guilty of a misdemeanour, and liable to imprisonment for two years.

Conspiracy in trade dispute.

414. (1) The provisions of Sections 407- 409 shall not apply to an agreement or combination of two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute if such act committed by one person would not be punishable as an offence.

(2)     Nothing in this section shall exempt from punishment any person guilty of a conspiracy for which a punishment is provided by any other enactment.

(3)     Nothing in this section shall affect the Law relating to riot, unlawful assembly, breach of the peace, or any offence against the State.

(4)     For the purposes of this section; “offence” does not include an offence punishable only by a fine; and “trade dispute” has the same meaning as in the Trade Unions Act.

CHAPTER 48 – Accessories after the Fact

Accessories after the fact to to felonies.

415.   Any person who becomes an accessory after the fact a felony is guilty of a misdemeanour, and is liable, if no other punishment is provided, to imprisonment for two years.

Accessories after the fact to misdemeanours.

416.   Any person who becomes an accessory after the fact to a misdemeanour is guilty of a misdemeanour, and is liable to a punishment equal to one-half of the maximum punishment to which the principal offender is liable on conviction.

Accessories after the fact to simple offences.

417.   Any person who becomes an accessory after the fact to a simple offence is guilty of an offence, and is liable to a punishment equal to one-half of the maximum punishment to which the principal offender is liable on conviction.

CHAPTER 49 – Interpretation

Interpretation.

418. (1) In this Law, unless the context otherwise requires:

“animal” means any domestic or captive animal;

“brothel” means any premises or room or set of rooms in any premises kept for purposes of prostitution;

“captive animal” means any animal not being a domestic animal of any kind , including any bird, fish or reptile, which is in captivity, or confinement, or which is maimed, or subjected to any appliance or device for the purpose of hindering or preventing its escape from captivity or confinement;

“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;

“Child” has the meaning assigned to it in the Child’s Right Law of Lagos State;

“Commissioner” means the Commissioner for Justice Lagos State or any person for the time being charged with responsibility over the Lagos State Ministry of Justice;

“Company” includes corporations, partnerships and bodies corporate registered under any Act or Law;

“Computer” includes a device that computes, especially a programmable electronic machine that performs high-speed mathematical or logical operations or that assembles, stores, correlates, or otherwise processes information;

“Court”, “a court”, “the court”, includes:

(a)     the High Court and the Chief Judge and Judges of the High Court when the court is in session;

(b)     a Magistrate engaged in any judicial act or proceeding or inquiry;

(c)     the Court of Appeal, and the justices of when the court is in session;

(d)     the Supreme Court, and the justices when the court is in session;

“Criminally responsible” means liable to punishment for an offence;

“Criminal responsibility” means liability to punishment for an offence;

“domestic animal” means any animal or bird which is tamed or which has been or is being sufficiently tamed to serve some purpose for the use of man.

“Dangerous harm” means harm endangering life;

“explosive substance” includes a gaseous substance or any other substance in such a state of compression or any other state as to be capable of explosion;

“Federal Law” means any Act enacted by the National Assembly having effect with respect to the Federation and any Ordinance 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;

“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 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 a Justice of the Court of Appeal and the Chief Justice and a Justice of the Supreme Court;

“knowingly” used in connection with any term denoting used or dealing or using, implies knowledge of the character of the thing used or dealt with or used;

‘Law of Lagos State” means any written law in force in Lagos State;

“Law” includes any order, rule of court, regulation or proclamation made under the authority of such Law.

‘Law officer” means the Attorney- General and the Solicitor-General of Lagos State, and includes the Director of Public Prosecutions, a private legal practitioner authorized by the Attorney General to appear for and on behalf of the Attorney General 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 a Local Government Council or Local Council Development Area established under the Constitution or under any Law ;

“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;

“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;

“Peace Officer” includes any Magistrate, any police officer, of or above the rank of assistant superintendent and a justice of the peace;

“person” and “owner” and other like terms, when used with reference to property, include corporations of all kinds, and any other associations of persons capable of owning property; and also, when so used, include the State;

“person employed in the public service” means any person holding any of the following offices, or performing the duties thereof, whether as deputy or otherwise—

(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 Federation 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 subheads 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 Ordinance or Law; and the said term further includes—

(1)     any Peace Officer;

(2)     any person employed to execute any process of a court (including a native tribunal);

(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 enactment or with the consent of the President of the Federal Republic of Nigeria or a Governor of a state;

(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 Nigeria Police;

“president” means the President of the Federal Republic of Nigeria;

“property” includes everything, animate or inanimate, capable of being the subject of ownership;

“prostitution” includes the offering by any male or female of his or her body for acts of lewdness for payment although there is no act or offer of an act of ordinary sexual connection;

“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 condition or on 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 done in any public place as to be likely seen by any person, whether such person is , or is not, in a public place; or

(b)     if they are so done in any place, not being a public place, as to be likely seen by any person in any public place;

“railway” includes every kind of way on which vehicles are borne on a rail or rails, whatever may be the means of propulsion;

“Residential building” includes any building or structure, or part of a building or structure, which is for the time being kept by the owner or occupier for his residence, 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 residential building is deemed to be part of the residential building if there is a communication between such building or structure and the residential building, either immediate or by means of a covered and enclosed passage leading from one to the other, but not otherwise;

“Regulations” shall include Rules, Bye-Laws, Orders, or instruments;

“Statute” means a Statute which is applicable in any part of Nigeria;

“State” means Lagos State of Nigeria;

“uncorroborated testimony” means testimony which is not corroborated in some material particular by other evidence implicating the accused person;

“used or deal” includes using or dealing with, and attempting to use or deal with, and attempting to induce any person to use, deal with, or act on, the thing in question;

“voyage” means the period from the date of the entry of the starting of a ship in the ship’s log to the date when the ferry or ship’s log is handed over to the employer or his agent and the voyage terminates.

“valuable security” includes any document which is the property of any person, and which is evidence of the ownership of any property or of the right to recover or receive any property;

“vessel” includes a ferry, ship, boat, and every other kind of vessel used in navigation either on the sea or in inland waters;

“wound” means any incision or puncture which divides or pierces any exterior membrane of the body; and any membrane is exterior, for the purposes of this definition, which can be touched without dividing or piercing any other membrane.

Repeal

419.   The Criminal Code Law Cap. C17 Laws of Lagos State of Nigeria 2003 is hereby repealed.

Citation and Commencement.

420.   This Law may be cited as the Criminal Law of Lagos State and shall come into force on ….. day ….. of ……. 2011.

LAWS OF LAGOS STATE

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA