CRIMINAL LAW OF EKITI STATE, 2021.

NO. 12 OF 2021

EKITI STATE OF NIGERIA

 CRIMINAL LAW OF EKITI STATE 2021.

ARRANGEMENT OF SECTIONS
PART I
CHAPTER 1
1. Citation.
2. Preliminary.
3. Application of general principles.
4. Definition and classification of offences.
5. Civil remedies.
6. Contempt of Court.
7. Effect of changes in law.
8. Arrest with or without warrant.
9. Offences against Laws of Ekiti State.
10. Offences against Ekiti State Laws procured, etc… outside the State.
11. Offences procured in Ekiti State to be committed out of the State.
12. Police and Armed forces.

CHAPTER 2
Punishment and Other Disposition Measures
13. Punishment and other Disposition Measures.

CHAPTER 3
Parties to Offences and Corporate Criminal Liability
14. Principal Offenders.
15. Mode of Execution immaterial.
16. Offences committed in execution of common intention.
17. Accessories after the fact.
18. Liability of companies.

CHAPTER 4
Attempt to commit Offences
19. Attempt to commit offences.

CHAPTER 5
Criminal Responsibility
20. Ignorance of Law.
21. Bonafide claim of right.
22. Intention, motive.
23. Mistake of fact.
24. Extraordinary emergencies.
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25. Presumption of sanity.
26. Insanity.
27. Intoxication.
28. Immature age.
29. Judicial officers.
30. Justification and excuse: compulsion.
31. Compulsion of husband.
32. No conspiracy between husband and wife alone.
33. Offences by partners and members of companies with respect to partnership or
corporate property.
34. Liability of husband and wife for offences committed by either with respect to the
other's property.

PART II
OFFENCES AGAINST PUBLIC ORDER.

CHAPTER 6
Unlawful Oaths, Unlawful Drilling etc.
35. Unlawful oaths to commit capital offences.
36. Other unlawful oaths to commit offences.
37. Compulsion: Extent of defence.
38. Unlawful drilling.
39. Publication of false news with intent to cause fear and alarm to the public.

CHAPTER 7
Unlawful Societies/Secret Cults
40. Definition of society, unlawful society, and secret cults.
41. Prohibition of membership of unlawful society /secret cults.
42. Sponsoring of unlawful society / secret cults activities.
43. Harbouring offenders or permitting unlawful societies / secret cults activities
in premises.
44. Unlawful society/secret cults activities in hotels, etc.
45. Punishment for allowing unlawful society / secret cult activities in hotels,
night clubs or similar places of business.
46. Threatening violence.
47. Possession of offensive weapon.
48. Power of the governing authority.
49. Renunciation of membership and freedom from prosecution.
50. Expulsion of convicted person.
51. Presumption of membership.
52. Power of police and security personnel to enter, search and arrest.
53. Power of detention.
54. Accessory before or after the fact of the membership of an unlawful
society/secret cult.
55. Obstruction of arrest.
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56. Power to declare any organization an unlawful Society / secret cult.

CHAPTER 8
Unlawful Assemblies: Breaches of the Peace.
57. Unlawful assembly.
58. Riot.
59. Making proclamation for rioters to disperse.
60. Dispersion of rioters after the making of proclamation.
61. Preventing or obstructing the making of proclamation.
62. Rioting after proclamation.
63. Rioters demolishing or damaging buildings, machinery, railway, etc.
64. Unlawful display of arms in public.
65. Forcible entry.
66. Forcible possession.
67. Affray.
68. Challenge to fight a duel.
69. Threatening violence.
70. Provoking breach of peace by offensive publication, etc.

PART III
OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE AND
AGAINST PUBLIC AUTHORITY.

CHAPTER 9
Disclosure of Official Secrets and Removal of Document
71. Interpretation.
72. Disclosure of official secrets.
73. Public servant removing documents.
74. Wrongful communication of information.
75. Offences relating to official documents.

CHAPTER 10
Corruption and Abuse of Office
76. Corruption by Public Officer.
77. Offering gratification to a Public Officer and Public Officer requesting for
gratification.
78. Acceptance of gift by agents, etc
79. Restrictions on arrest and prosecution of Judicial Officers for official corruption.
80. Meaning of “Public Officer” in Sections 76 and 77.
81. Extortion by Public Officers.
82. Public Officers demanding property, etc
83. Public Officers interested in contracts.
84. Officers charged with administration of property of a special character or with
special duties.

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85. False claims by officers.
86. Abuse of office.
87. False certificates by Public Officers.
88. Administering extra-judicial oaths.
89. False assumption of authority.
90. Impersonating members of the Armed Forces or Police.
91. Impersonating other Public Officers.
92. Unlawfully wearing the uniform of the Armed Forces, etc.
93. Selling or giving uniform to unauthorised persons.
94. Bargaining for officers in Public Service.
95. Unlawful enrichment.
96. Bribery in the Private sector.

CHAPTER 11
Offences Relating to the Administration of Justice

97. Definition of judicial proceedings.

98. Perjury.
99. Punishment for perjury.
100. Evidence on charge of perjury.
101. Fabricating evidence.
102. Corruption of witnesses.
103. Deceiving witnesses.
104. Destroying evidence.
105. Preventing witnesses from attending court.
106. Bringing false accusation.
107. Conspiracy to bring false accusation.
108. Punishment for bringing false accusation and conspiracy to bring false accusation.
109. Making false statement to Public Officer with intent.
110. Conspiracy and attempt to pervert justice.
111. Concealing or failing to report felonies.
112. Hindering Prosecution.
113. Compounding penal actions.
114. Advertising a reward for the return of stolen or lost property.
115. Delay to take person arrested before a court.
116. Bringing and defending fictitious actions.
117. Inserting advertisement without authority of court.
118. Contempt of court.
CHAPTER 12
Unlawful Release, Escapes, Obstructing Officers of Courts

119. Unlawful release from custody.

120. Escape from lawful custody.
121. Aiding prisoners to escape.
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122. Permitting escape.
123. Negligently permitting escape.
124. Unlawful release of mentally disordered persons.
125. Removing property under lawful seizure.
126. Obstructing officers of courts of justice.

CHAPTER 13
Miscellaneous Offence against Public Authority
127. False declaration as to execution of death sentence.
128. False statements in application for public document.
129. False statements and declarations.
130. Shooting, firing and launching offensive weapons.
131. Resisting Public Officers.
132. Refusal by Public Officer to perform duty.
133. Neglect of Peace Officer to suppress riot.
134. Neglect to aid in suppressing riot.
135. Neglect to aid in arresting offenders.
136. Disobedience to Act, Law, or Regulation.
137. Disobedience to lawful order issued by constituted authority.

CHAPTER 14
Acts Injurious To The Public In General:
Offences relating to Religious Worship

138. Insult to a religion.

139. Offering violence to officiating ministers of religion.
140. Disturbing religious worship.

CHAPTER 15
Trial by Ordeal, Witchcraft, Juju and Criminal Charms
141. Trial by ordeal.
142. Directing unlawful trial by ordeal.
143. Being present at, or making poison for, trial by ordeal.
144. Offences in relation to witchcraft and juju.
145. Permitting trial by ordeal and prohibited juju worship.
146. Destruction of place where ordeal or prohibited juju worship is held.
147. Criminal charms.
CHAPTER 16
Offences against Morality
148. Indecent acts.
149. Indecent treatment of a child.
150. Indecent practices.
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151. Defilement of a child.
152. Householder permitting defilement of a child on his premises.
153. Allowing a child to be in a brothel.
154. Procuration.
155. Abduction of a child with intent to have sexual intercourse.
156. Persons trading in prostitution.
157. Keeping a brothel.
158. Unlawful detention with intent to defile, or in a brothel;
159. Attempts to procure abortion.
160. Attempt to procure own miscarriage.
161. Supplying drugs or instruments to procure abortion.
162. Knowledge of age immaterial.
163. Punishment of persons under the age of twelve years.

CHAPTER 17
Gaming Houses and Betting House.
164. Gaming Houses.
165. Betting Houses.

CHAPTER 18
Obscene Publications.

166. Test of obscenity.

167. Prohibition of publication of obscene matter.
168. Prohibition of obscene performance of plays.
169. Power of search and seizure.
170. Defence of public good.
171. Interpretation.

CHAPTER 19
Nuisances and other Offences Against Public Health
172. Nuisances.
173. Exposing for sale things unfit for food or drink.
174. Dealing in diseased meat.
175. Fouling water.
176. Communicating infectious diseases to animals.
177. Burials in houses.
178. Misconduct with regard to corpses.
179. Harmful acts.
180. Use and sale of matches made with white phosphorus.

CHAPTER 20
Disorderly Persons, Bringing Contempt on Uniform.
181. Disorderly persons.
182. Bringing contempt on uniform.
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 PART IV
OFFENCES AGAINST THE PERSON AND OFFENCES RELATING TO
PARENTAL RIGHTS AND DUTIES

CHAPTER 21
Assault and Violence to the Person generally: Justification and Excuses.

183. Definition of assault.

184. Unlawful assaults.
185. Punishment for assault.
186. Assaults occasioning harm.
187. Serious assaults.
188. Assault with intent to steal.
189. Execution of sentence.
190. Execution of process.
191. Execution of warrant.
192. Sentence or process or warrant without jurisdiction.
193. Arrest of wrong person.
194. Irregular process or warrant.
195. Force used in executing process or arrest.
196. Peace officer preventing escape from arrest.
197. Other cases of preventing escape from arrest.
198. Preventing escape or rescue after arrest.
199. Preventing a breach of the peace.
200. Prevention of offences.
201. Defence of residence.
202. Provocation.
203. Defence of provocation.
204. Prevention of repetition of insult.
205. Self defence against unprovoked assault.
206. Self defence against provoked assault.
207. Aiding in self defence.
208. Defence of movable property against trespassers.
209. Defence of property with claim or right.
210. Defence of property without claim of right.
211. Defence of premises against trespassers; removal of disorderly persons.
212. Exercise of right of way.
213. Correction of child, apprentice, ward and employee etc.
214. Medical abortion.
215. Excessive force.
216. Consent to death immaterial.

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 CHAPTER 22
Duties and Offences relating to the Preservation of Human Life
217. Duty to provide necessaries.
218. Duty of Head of family.
219. Duty of masters.
220. Duty of persons doing dangerous acts.
221. Duty of persons in charge of dangerous things.
222. Duty to do certain acts.
223. Breach of contract of persons employed in certain services.

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

224. Definition of Killing.

225. When a child becomes a human being.
226. Unlawful killing of a human being.
227. Death by acts done at childbirth.
228. Causing death by threats.
229. Acceleration of death.
230. When injury or death might be prevented by proper precaution.
231. Injury causing death in consequence of subsequent treatment.
232. Unlawful homicide.
233. Definition of murder.
234. Punishment for murder.
235. Involuntary manslaughter.
236. Voluntary manslaughter by provocation.
237. Voluntary manslaughter by consent.
238. Voluntary manslaughter by excessive use of force.
239. Diminished responsibility.
240. Punishment for manslaughter.
241. Attempt to murder.
242. Accessory after the fact to murder.
243. Written threats to kill.
244. Conspiring to murder.
245. Aiding suicide.
246. Attempt to commit suicide.
247. Killing unborn child.
248. Concealing the birth of children.
249. Unlawful possession of human part.

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 CHAPTER 24
Offences Endangering Life or Health
250. Incapacitating in order to commit felony or misdemeanor.
251. Acts intended to cause serious harm or prevent arrest.
252. Intentionally endangering safety of travelers.
253. Maliciously administering poison with intent to harm.
254. Attempting to injure by explosive substance.
255. Grievous harm substances.
256. Inflicting wounds and similar acts.
257. Failure to supply necessaries.
258. Endangering life or health of apprentices.
259. Abandoning or exposing children.
260. Setting mantrap.
261. Reckless and negligent acts.
262. Negligent acts causing harm.
263. Landing explosives.
264. Sending dangerous or obscene things by post.

CHAPTER 25
Sexual Offences.
265. Rape.
266. Sexual Assault by Penetration.
267. Gang Rape.
268. Attempt to commit rape and sexual assault by Penetration.
269. Sexual assault.
270. Sexual Harassment.
271. Causing a person to engage in sexual activity without consent.
272. Meaning of Consent.
273. Incest.
274. Bestiality.
275. Abduction.
276. Abduction from custody of Parents.
277. Ignorance of age of girl or consent, no defence.
278. Sex offenders register.

CHAPTER 26
Offences against Liberty: Human Trafficking

279. Offence of Kidnapping.

280. Conspiracy/Attempt to Kidnap.
281. Aiding, Arranging and Abetting.
282. Harbouring terrorist or hindering the arrest of a terrorist or terrorists.
283. False Representation.

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284. Death of a Kidnapped Person.
285. Proceeds of the Offence of Kidnapping.
286. Payment of Ransom for Kidnapped Persons.
287. Deprivation of liberty.
288. Compelling action by intimidation.
289. Compelling action by assault.
290. Concealment of matters affecting liberty.
291. Human Trafficking and Contemporary Slavery.

CHAPTER 27
Offences relating to parental rights and duties
292. Child stealing.
293. Desertion of children.
294. Desertion of pregnant woman or girl.

PART V
OFFENCES RELATING TO PROPERTY AND CONTRACTS.

CHAPTER 28
Stealing and like offences.
295. Definition of stealing.
296. Things capable of being stolen.
297. Special cases.
298. Money received for another.
299. Funds held under direction.
300. Funds received by agents for sale.
301. Stealing by persons having an interest in the thing stolen.
302. Punishment for stealing.

CHAPTER 29
Offences Similar to Stealing

303. Concealing registers.

304. Concealing wills.
305. Concealing deeds.
306. Killing animals with intent to steal.
307. Fraudulently dealing with minerals in mines.
308. Bringing stolen goods into the State.
309. Fraudulent disposition of mortgaged goods.
310. Fraudulent appropriation of power.

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 CHAPTER 30
Stealing with Violence: Extortion by Threats
311. Definition of robbery.
312. Punishment for robbery.
313. Punishment for attempted robbery etc.
314. Conspiracy to commit robbery.
315. Definition of firearms and offensive weapons.
316. Demanding property with menaces with intent to steal.
317. Demanding property by written threats.
318. Attempt to extort.
319. Unlawful harassment of debtors.
320. Procuring execution of deeds by threats.

CHAPTER 31
Burglary: Housebreaking and like Offences
321. Definitions.
322. House breaking: burglary.
323. Entering residence with intent to commit felony.
324. Breaking into building and committing felony.
325. Breaking into building with intent to commit a felony.
326. Breaking into place of worship and committing felony.
327. Persons found armed etc., with intent to commit felony.

CHAPTER 32
Obtaining Property by false pretences; Cheating
328. Definition of false pretence.
329. Obtaining by false pretence.
330. Obtaining credit by false pretences or other fraud.
331. Other related offences.
332. Use of premises.
333. Fraudulent invitation.
334. Receipt of fraudulent document by victim to constitute attempt.
335. Possession of fraudulent document.
336. Presumption as to false pretences in certain circumstances.
337. Obtaining execution of a security by false pretences.
338. Cheating.
339. Cheating at examination.
340. Conspiracy to defraud.
341. Frauds on sale or mortgage of property.
342. Obtaining registration by false pretence.

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

343. Receiving stolen or fraudulently obtained property.

344. Unlawful possession of arms belonging to the Armed Forces or the Nigeria Police.
345. Having possession of thing reasonably suspected to have been stolen.
346. Taking reward for recovery of property obtained by committing an offence.
347. Money laundering.
348. Transfer of criminal proceeds to nominee.

CHAPTER 34
Frauds by Trustees and Officers of Companies and Corporations: False Accounting
349. Trustees, fraudulently disposing of trust property.
350. Directors and officers of companies fraudulently appropriating property or keeping
fraudulent accounts, or falsifying books or accounts.
351. False statements by officials of companies.
352. Fraudulent false accounting.
353. False accounting by public officer.

CHAPTER 35
Damage to Property.
354. Criminal damage to property.
355. Unlawful interference with property.
356. Arson.
357. Attempt to commit arson.
358. Causing arson.
359. Threatening damage to property.
360. Obstructing and damaging roads, highways or railways.
361. Unlawful conversion of public property.
362. Injuring animals.
363. Willful damage to property in general.
364. Special cases of willful damage to property.
365. Removing boundary marks with intent to defraud.
366. Willful damage, etc., to survey and boundary marks.
367. Definition of sand dealing and dredging.
368. Unlawful sand dealing and dredging.
369. Obstructing railways.
370. Penalties for damage, etc., to railway works.
371. Arrest without warrant.

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 PART VI
FORGERY AND ALLIED OFFENCES.

CHAPTER 36
Forgery in General: Definitions
372. Definitions.
373. False documents.
374. Definition of forgery.
375. Certain matters immaterial.

CHAPTER 37
Punishment of Forgery and like Offences

376. Punishment for forgery in general.

377. Using false documents and counterfeit seals.
378. Using cancelled or exhausted documents.
379. Using cancelled stamps.
380. Procuring execution of documents by false pretences.
381. Making documents without authority.
382. Demanding property by means of forged testamentary instruments.
383. Purchasing forged bank notes.
384. Falsifying a warrant or voucher for money payable under public authority.
385. Sending false certificate of marriage to registrar.
386. False statements for the purpose of registers of births, deaths and marriages.

CHAPTER 38
Preparation for Forgery
387. Instruments and materials used for forgery and counterfeiting.
388. Unlawful inquiries relating to the possibility of forgery.
389. Paper for postal purposes.
390. Paper and dye for postage stamps.

CHAPTER 39
Impersonation
391. Impersonation in general.
392. Falsely acknowledging deeds, recognizance’s etc.
393. Impersonation of a person named in a certificate.
394. Lending certificate for impersonation.
395. Impersonation of person named in a testimonial or character.
396. Lending testimonial for impersonation.

CHAPTER 40
Fraudulent Debtors.
397. Fraudulent dealing with property by debtors.

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 PART VII
MISCELLANEOUS OFFENCES

CHAPTER 41
Computer and electronic data misuse offences.

398. Unauthorised access to computer material.

399. Unauthorised access with intent to commit or facilitate commission of further
offences.
400. Unauthorised modification of computer material.
401. Unauthorised modification of electronic device with intent.
402. Electronic data of public records.

CHAPTER 42
Specially aggravated offence

403. Meaning of “specially aggravated offence”

404. Punishment for specially aggravated offence.

CHAPTER 43
Cruelty to Animals
405. Offences of cruelty.
406. Court may order destruction of animal.
407. Court may deprive person of ownership.
408. Power of Police to take charge of animal or vehicle.

PART VIII
TERRORISM

CHAPTER 44
Offences in relating to Terrorism
409. Definition of Terrorism.
410. Offences Relating to Terrorism.
411. Membership of a Terrorist Group or Proscribed Organization.
412. Duties of Law Enforcement Agencies.
413. Obstruction of any officer or Law Enforcement or Security Agency.
414. State’s Support for Law Enforcement Agencies.

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 PART IX
PUNISHMENT FOR INCHOATE OFFENCES AND INTERPRETATION

CHAPTER 45
Punishment for attempts

415. Attempts to procure commission of criminal acts.

416. Punishment for attempts to commit felonies.
417. Punishment for attempt to commit other offences.
418. Reduction of punishment.
419. Preparation to commit crimes with explosive etc.
420. Neglect to prevent felony.

CHAPTER 46
Conspiracy
421. Conspiracy to commit felony.
422. Conspiracy to commit other offences.
423. Other conspiracies.
424. Conspiracy in trade dispute.

CHAPTER 47
Accessories after the Fact

425. Accessories after the fact to felonies.

426. Accessories after the fact to misdemeanours.
427. Accessories after the fact to simple offences.

CHAPTER 48
Interpretation
428. Interpretation.
429. Repeal.

Schedule to CHAPTER 7

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 CRIMINAL LAW OF EKITI STATE, 2021.
NO. 12 OF 2021

A LAW TO ESTABLISH CRIMINAL LAW OF EKITI STATE.

EKITI STATE OF NIGERIA

Commencement [ ]

ENACTED BY THE EKITI STATE HOUSE OF ASSEMBLY as follows:

PART I
CHAPTER 1

Citation.
1. This Law may be cited as the Criminal Law of Ekiti State.

Preliminary.
2. (1) The purpose of this Law is to -
(a) promote an orderly society;
(b) foster collective obligation and duty towards the preservation and
protection of life and property including public property;
(c) forbid and deal with conduct that unjustifiably and inexcusably
inflicts or threatens substantial harm to individual or public interests;
(d) subject to public control, persons whose conducts indicate that they
are disposed to committing offences;
(e) safeguard conduct that is without fault from condemnation as
criminal;
(f) give fair warning of the nature of the conduct declared to be an
offence; and
(g) differentiate on reasonable grounds between serious and minor
offences.

(2) The guiding principles underlying this Law are –

(a) the need to balance the protection of private rights and public interest;
(b) the interest of justice; and
(c) the need to ensure that the sentence prescribed for an offence serves
any of the following purpose:
(i) Rehabilitation;
(ii) Restoration;
(iii) Deterrence;
(iv) Prevention; and
(v) Retribution.

(3) The provisions of this Section of the Law shall guide the interpretation
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 and the application of the provisions of this Law and any other Law, or
regulations creating offences.

Application of general principles.

3. The provisions of this Chapter shall apply in relation to any offence under this Law,
any other Law or Regulations and to all persons charged with any such offence.

Definition and Classification of Offences.

4. (1) An act or omission which renders the person doing the act or making the
omission liable to punishment or other measures under this Law, or any other
Law or Regulation is an offence.
(2) The word “offence” may be used interchangeably with “crime” in this Law
or any other Law or Regulation.
(3) Offences are of three types namely: felonies, misdemeanours, and simple
offences.
(4) A felony is any offence which is declared by Law to be a felony, or is
punishable, without proof of previous conviction, with death or with
imprisonment for three years or more.
(5) A misdemeanour is any offence which is declared by Law to be a
misdemeanour, or is punishable by imprisonment for not less than six months,
but less than three years.
(6) All offences, other than felonies and misdemeanours, are simple offences.

Civil remedies.
5. When by this Law any act is declared to be lawful, no action can be brought in
respect of it, except where the lawfulness of the act is in question.

Contempt of Court.
6. (1) Nothing in this Law shall affect the authority of Magistrates’ Court and Courts
of Record to punish a person summarily for the offence known as contempt of
Court.
(2) No person shall be punished under subsection (1) of this Section and also
be punished under the provisions of this Law for the same act or omission.

Effect of changes in law.

7. A person cannot be punished for doing or omitting to do an act unless the act or
omission constituted an offence under the applicable law when it occurred.

Arrest with or without warrant.

8. (1) The expression “the offender may be arrested without warrant” means that the
provisions of this Law relating to the arrest of offenders or suspected offenders
without warrant are applicable to the offence in question, either generally or
subject to such if any, as to time, place, or circumstance, or as to the person
authorised to make the arrest, as are specified in the particular case.

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

Offences against Laws of Ekiti State.

9. (1) Where by the provisions of any law of the State, doing any act or making any
omission constitutes an offence the provisions of this Law shall apply to every
person who is in the State at the time of his doing the act or making the
omission.
(2) Where an offence comprises of several elements and the initial element of the
offence occurred in the State, the person who does the act or makes the
omission is guilty of the offence and is liable to the same punishment or
measures as if all the subsequent elements of the offence had occurred in the
State.
(3) Where an offence comprises of several elements and the initial element of the
offence occurred outside the State but the person who does the act or makes
the omission that constitutes the elements of the offence afterwards comes into
the State, he is, by such coming into the State, guilty of the offence and is
liable to the same punishment as if that act or omission had occurred in the
State, provided that an element of the offence actually occurred in the State.
(4) The provision of subsection (3) of this Section shall not apply to a case in
which the only material event that occurs in the State is the death of a person
caused by an act, done or omitted to be done, at a place not in the State.

Offences against Ekiti State Laws procured, etc… outside the State.
10. Any person who, while out of the State counselled or procured the commission of an
offence which is actually committed in the State, afterwards comes into the State is,
by such coming into the State, guilty of an offence and is liable to the same
punishment as if he had been in the State while the offence was committed.

Offences procured in Ekiti State to be committed out of the State.

11. Any person who while in the State advises, counsels or procures another to do an act
or make an omission, at a place not in the State of such a nature that:
(a) if he had himself done the act or made the omission in the State, he
would have been guilty of an offence against a law of the State, and

(b) If he had himself done the act or made the omission he would have
been guilty of an offence under the laws of the place where the act or
omission is done or made,

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 is guilty of an offence of the same type, and is liable to the same punishment, as if the
act had been done or the omission had been made in the State.

Police and Armed Forces.

12. (1) Members of the Police and Armed Forces of Nigeria are subject to the special
laws relating to the forces to which they respectively belong, but are not
exempted from the provisions of this Law.

(2) Where an individual or groups of individuals are charged under special laws,
such persons should not be charged at the same time under this present law.

CHAPTER 2
Punishment and other disposition measures.

Punishments and other Disposition Measures.

13. Subject to the provisions of any other law for the time being in force in the State -
(a) The punishments which may be inflicted under this Law are death,
imprisonment, fine and forfeiture.
(b) Other disposition measures which may be ordered under this Law are
compensation, restitution, community service orders, probation, curfew orders,
binding-over orders, rehabilitation and correctional orders, victim offender
mediation and other restorative justice measures.
(c) When any person is convicted of an offence under this Law the court may, in
addition to or in lieu of any punishment which may be imposed, order any of
the disposition measures stated in sub-section (2).
(d) Where a body corporate is liable for an offence in respect of which a specific
amount of fine is prescribed under this Law, the applicable fine shall be
double the amount so prescribed for the offence.

CHAPTER 3
Parties to Offences and Corporate Criminal Liability.

Principal Offenders.
14. (1) When an offence is committed, each of the following persons is deemed to
have taken part in committing the offence and to be guilty of the offence, and
may be charged with actually committing it:
(a) every person who actually does the act or makes the omission which
constitutes the offence;
(b) every person who does or omits to do any act for the purpose of
enabling another person to commit the offence;
(c) every person who aids another person in committing the offence; or
(d) any person who advises, counsels or procures any other person to
commit the offence.
(2) Any person who advises, counsels or procures another to do or omit to do any

20
 act of such a nature which if done by that person would not constitute an
offence but which would have constituted an offence if done by the person
himself is guilty of an offence of the same kind, and is liable to the same
punishment, as if he had himself done the act or made the omission; and he
may be charged with doing the act or making the omission.

Mode of Execution Immaterial.

15. (1) When a person advises or counsels another to commit an offence, and an
offence is actually committed after such advice or counsel by the person to
whom it is given, it is immaterial whether -
(a) the offence actually committed is the same as that advised, counseled
or a different one, or
(b) the offence is committed in the way advised or counseled or in a
different way.
Provided that the facts constituting the offence actually committed are a
probable consequence of carrying out the advice or counsel.
(2) Any person who gave the advice or counsel under subsection (1) of this
Section is deemed to have advised or counseled the offence actually
committed.

Offences committed in execution of common intention.

16. When two or more persons form a common intention to commit an offence, and in the
execution of that offence, another offence is committed of such a nature that its
commission was a probable consequence of the first mentioned offence; each of them
is deemed to have committed the second offence.

Accessories after the fact.

17. A person who receives or assists another who to his knowledge has committed an
offence, in order to enable him to escape arrest or prosecution is an accessory after the
fact to the offence.

Liability of Companies.
18. (1) Whenever the context admits, a company shall be criminally responsible for
an offence under this Law.
(2) An act or omission under this Law is that of a company where it is done or
omitted to be done by its officer.
(3) In determining an officer whose conduct can be ascribed to the company for
the purpose of corporate criminal liability, the court shall have regard to all the
circumstances including the fact that the person has apparent or real authority
to bind the company.
(4) Where a person who is not an officer within the meaning of subsection (3) of
this Section does any act or omission in the performance of his duty as an
employee of a company, which act or omission amounts to an offence under
this Law or any other Law and the company did not take steps to prevent the

21
 act or omission, the company shall be liable for any offence committed.

CHAPTER 4
Attempt to commit offences.
Attempt to commit offences.
19. (1) When a person, intending to commit an offence, begins to put his intention
into execution by means adapted to its fulfillment, and manifests his intention
by some overt act, but does not actually commit the offence, he is said to
attempt to commit the offence.
(2) Except so far as regards punishment, on a charge for attempt, it is immaterial:-
(a) whether the offender does all that is necessary on his part for
completing the commission of the offence; or
(b) whether the complete fulfillment of his intention is prevented by
circumstances independent of his will; or
(c) whether he desists on his own initiative from the further prosecution of
his intention.
(3) It is immaterial that by reason of circumstances not known to the offender, it is
impossible in fact to commit the offence.
(4) The same facts may constitute one offence and an attempt to commit another
offence.
(5) Any person who, attempts to commit a felony or misdemeanor is guilty of an
offence, which unless otherwise stated, is a misdemeanour.

CHAPTERS 5
Criminal Responsibility.

Ignorance of Law.
20. Ignorance of the law does not afford any excuse for any act or omission which would
otherwise constitute an offence, unless knowledge of the law by the offender is
expressly declared to be an element of the offence.

Bona fide claim of right.

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

Intention, motive.
22. (1) Subject to the express provisions of this Law relating to negligent acts and
omissions, a person is not criminally responsible for an act or omission which
occurs independently of the exercise of his will, or for an event which occurs
by accident.
(2) Unless the intention to cause a particular result is expressly declared to be an
element of the offence constituted, in whole or part, by an act or omission, the

22
 result intended to be caused by an act or omission is immaterial.
(3) Unless otherwise expressly declared, the motive by which a person is induced
to do or omit to do an act, or to form an intention, is immaterial as regards
criminal responsibility.

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

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

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

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

Intoxication.
27. (1) Save as provided in this Section, intoxication shall not constitute a defence to
any criminal charge.
(2) Intoxication shall be a defence to any criminal charge if by reason thereof the
person charged at the time of the act or omission complained of did not know
that such act or omission was wrong or did not know what he was doing and-
(a) the state of intoxication was caused without his consent by the

23
 malicious or negligent act of another person; or
(b) the person charged was by reason of intoxication insane,
temporarily or otherwise, at the time of such act or omission.
(3) Where the defence under the preceding subsection is established, then in a
case falling under paragraph (a) thereof the accused person shall be
discharged, and in a case falling under paragraph (b) Sections 222 and 223 of
the Ekiti State Administration of Criminal Justice Law, 2014, shall apply.
(4) Intoxication shall be taken into account for the purpose of determining
whether the person charged had formed any intention, specific or otherwise, in
the absence of which he would not be guilty of the offence.
(5) For the purposes of this section, "intoxication" shall be deemed to include a
state produced by narcotics or drugs.

Immature age.
28. (1) A person under the age of seven years is not criminally responsible for any act
or omission.
(2) A person under the age of twelve years is not criminally responsible for an act
or omission, unless it is proved that at the time of doing the act or making the
omission he had capacity to know that he ought not to do the act or make the
omission.

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

Justification and excuse: compulsion.

30. A person is not criminally responsible for an act or omission if he does or omits to do
the act under any of the following circumstances-
(a) in execution of the law;
(b) in obedience to the order of a competent authority which he is bound
by law to obey, unless the order is manifestly unlawful;
(c) when the act is reasonably necessary in order to resist actual and
unlawful violence threatened to him, or to another person in his
presence;
(d) (i) when he does or omits to do the act in order to save himself
from immediate death or grievous harm threatened to be
inflicted upon him by some person actually present and in a
position to execute the threats, and believing himself to be
unable to escape the carrying of the threats into execution,
(ii) The protection afforded in subsection (1) (a) does not extend to
an act or omission which would constitute an offence
punishable with death, or an offence of which grievous harm to
24
 the person of another, or an intention to cause such harm, is an
element, nor to a person who has by entering into an unlawful
association or conspiracy rendered himself liable to have such
threats made to him.
(iii) Whether an order is or is not manifestly unlawful is a question
of law.

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

No conspiracy between husband and wife alone.

32. A husband and wife are not criminally responsible for a conspiracy between
themselves alone.

Offences by partners and members of companies with respect to partnership or

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

Liability of husband and wife for offences committed by either with respect to the
other's property.
34. (1) When a husband and wife are living together, neither of them incurs any
criminal responsibility for doing or omitting to do any act with respect to the
property of the other, except in the case of an act or omission of which an
intention to injure or defraud some other person is an element, and except in
the case of an act done by either of them when leaving or deserting, or when
about to leave or desert the other.
(2) Subject to the foregoing provisions, a husband and wife are, each of them,
criminally responsible for any act done by him or her with respect to the
property of the other, which would be an offence if they were not husband and
wife, and to the same extent as if they were not husband and wife.
(3) Neither of them can institute criminal proceedings against the other while they

25
 are living together.
(4) In this Section, the term "property" used with respect to a wife means her
separate property.

PART II
Offences Against Public Order.

CHAPTER 6
Unlawful Oaths, Unlawful Drilling etc

Unlawful oaths to commit capital offences.

35. (1) Any person who—
(a) administers, or is present at and consents to the administering of any
oath or engagement in the nature of an oath, purporting to bind the
person who takes it to commit any offence punishable with death; or
(b) willfully takes any such oath or engagement, or
(c) attempts to induce any person to take any such oath or engagement;
is guilty of a felony, and is liable to imprisonment for life.
(2) Notwithstanding subsection (1) (c) above, any person so induced shall not be
liable.

Other unlawful oaths to commit offences.

36. (1) Any person who –
(a) administers, or is present at and consents to the administering of any
oath, or engagement in the nature of an oath, purporting to bind the
person who takes it to act in any of the following ways:
(i) to commit any offence not punishable with death, other than a
simple offence;
(ii) to disturb the public peace;
(iii)to be of any association, society, or confederacy, formed for the
purpose of doing any act stated in paragraph (i) and(ii) of this
subsection;
(iv)not to inform or give evidence against any associate,
confederate, or other person;
(v) not to reveal or discover any unlawful association, society, or
confederacy, or any illegal act done or to be done, or any illegal
oath or engagement that may have been administered or
tendered to or taken by himself or any other person, or the
import of any such oath or engagement; or
(b) willfully takes any oath or engagement, as specified in subsection 1 (a)
of this Section; or
(c) attempts to induce any person to take any such oath or engagement as
specified in subsection 1 (a) of this Section, is guilty of a felony, and is
liable to imprisonment for seven years.

26
 (2) Notwithstanding the provision of subsection (1) (c), anyone so induced shall
not be liable.

Compulsion: Extent of Defence.

37. (1) A person who takes any such oath or engagement mentioned in Sections 35
and 36 of this Law cannot plead compulsion unless within fourteen days after
taking it, or, if he is prevented by actual force or sickness, within fourteen
days after the termination of such prevention, he declares by information on
oath before a Peace Officer what he knows concerning the matter, including
the person or persons by whom and in whose presence, and the place and the
time the oath or engagement was administered or taken.
(2) A person who takes any such oath or engagement mentioned in Sections 35
and 36 of this Law cannot plead compulsion unless he, being a person in
active service in the Armed Forces of Nigeria or the Police Force, declares
either by information to a Peace Officer or by information to his commanding
officer, what he knows concerning the matter, including the person or persons
by whom and in whose presence, and the place and the time the oath or
engagement was administered or taken.

Unlawful drilling.
38. (1) Any person who:
(a) without the permission of the Governor trains or drills any other person
to use arms or engage in the practice of military exercises, movements,
or revolutions; or
(b) is present at any meeting or assembly of persons, held without the
permission of the Governor for the purpose of
training or drilling any other persons to use arms or engage in the
practice of military exercises, movements, or revolutions;
is guilty of a felony, and is liable to imprisonment for fourteen years.
(2) The offender may be arrested without warrant.

Publication of false news with intent to cause fear and alarm to the public.
39. (1) Any person who publishes or reproduces any statement, rumour or report
which is likely to cause fear and alarm to the public or to disturb the public
peace, knowing or having reason to believe that such statement, rumour or
report is false, is guilty of a misdemeanor and liable to imprisonment for two
years.
(2) It is not a defence to a charge under subsection(1) of this Section that he did
not know or did not have reason to believe that the statement, rumour or report
was false unless he proves that, prior to the publication or reproduction, he
took reasonable measures to verify the accuracy of such statement, rumour or
report.

27
 CHAPTER 7
Unlawful Societies/Secret Cults.

Definition of society, unlawful society and secret cult.

40. (1) A society includes any combination of persons whether the society is known
by any name or not.
(2) A society is an unlawful society if it is formed for any of the following
purposes: -
(a) levying war or encouraging or assisting any person to levy war
on the Government or the inhabitants of any part of the State or
Nigeria; or
(b) killing or injuring or encouraging the killing or injuring of any
person; or
(c) destroying or damaging or encouraging the destruction or
damaging of any property; or
(d) subverting or promoting the subversion of the Government; or
(e) committing or inciting acts of violence or intimidation; or
(f) interfering with, or resisting, or encouraging interference with
or resistance to the administration of the Law; or
(g) disturbing or encouraging the disturbance of peace and order in
any part of State.
(3) Secret cult includes any organization, association, group or body of persons
whose membership, meetings and other activities are kept secret, and which
promotes, causes or engaging in killings or injuring or encouraging the killing
or injuring of any person, destroying or injuring or encouraging the destruction
of any property, or committing or inciting to acts of violence or intimidation;
or interfering with or resisting or encouraging interference with or resistance
to the administration of the law; or disturbing or encouraging the disturbance
of peace and order in any part of the state.

Prohibition of membership of unlawful society /secret cults.

41. Any person who is a member of unlawful society/secret cult, as listed in the Schedule
to Chapter 7 of this Law, whether or not the person is in possession or control of an
offensive weapon, commits an offence and is liable on conviction to death.

Sponsoring of unlawful society /cults activities.

42. (1) Any person who gives financial or material support or assistance to a secret
cult or, in any manner, sponsor the activities of a secret cult, commits an
offence under this law and is liable on conviction to imprisonment for life.

(2) Where the sponsor in subsection (1) is a public officer, traditional ruler or
head or staff of any educational institution, the person shall be removed from
such office in addition to any punishment provided under subsection (1).

28
 Harbouring offenders or permitting unlawful society/cult activities in premises.
43. Any person who knowingly-

(a) harbours another person who has in his possession or control any firearm
without licence; or

(b) harbours a member of unlawful or a secret cult; or

(c) allows or permits a secret cult meeting or activity to be held in any house,
building or place belonging or occupied by him/her or over which he/she has
control, commits an offence and is liable on conviction to imprisonment for
life and such house, building or place belonging or occupied by him/her or
over which he/she has control shall be demolished and the land forfeited to
the State Government.

Unlawful society/secret cults activities in hotels, etc.

44. Any person who knowingly allows or permits an unlawful society/secret cult meeting
or activity to hold in a hotel, night club or similar place of business, commits an
offence and is liable on imprisonment for life.

Punishment for allowing unlawful society/secret cult activities in hotels, night clubs or
similar places of business.
45. In addition to any punishment provided under Section 44 of this law any such place of
business as mentioned in the Section where an unlawful society/secret cult meeting or
activity is allowed or permitted to hold shall be demolished and the land forfeited to
State Government

Threatening violence.
46. Any person who, with the intent to intimidate or cause panic, threatens another person
or group of persons with any offensive weapon, commits an offence and is liable on
conviction to imprisonment for life.

Possession of offensive weapon.

47. Subject to the provisions of any other law in force in the State, any person whether a
member of an unlawful society/secret cult or not, who in any place or gathering-
(a) has in his possession or under his control any unlicensed firearm; or
(b) procures or causes any other person to procure an unlicensed firearm; or
(c) conspires with another person or in any manner makes possible the
possession or use of any firearm; or
(d) possesses any offensive weapon within the school environment and halls of
residence commits an offence and is liable on conviction to imprisonment
for life.

Power of the governing authority.

48. (1) Where any society within any educational institution in the State is found to be
29
 pursuing activities relating or similar to cultism, the governing authority or
person in charge or control of the institutions shall after conducting
investigations with respect thereto proscribe such society.

(2) The Governing authority or any person in charge or control of the institution
shall have power to expel or suspend any student who is found to be a member
of a proscribed society or secret cult and cause same to be prosecuted in
accordance with the provision of this Law.

(3) Any academic or non-academic staff of an educational institution in the State

who is found to be a member of an unlawful society/secret cult or proscribed
society within or outside the institution where he works commits an offence
and is liable on conviction to imprisonment for life.

Renunciation of membership and freedom from prosecution.

49. (1) Any member of an unlawful society/secret cult who voluntarily renounces his
membership of the cult and submits any offensive weapon in his possession to
either the school authority or the police shall be free from prosecution under
this Law.

(2) The renunciation under subsection (1) shall be made by a sworn affidavit
submitted to the Attorney-General of the State, the Divisional Police Officer
and the school authority.

(3) The Department of Social Welfare of the Ministry of Women Affairs and
Social Development in conjunction with the Ministry of Education shall
establish Rehabilitation Counselling Centers in all schools in the State where
persons who renounce their membership of unlawful society/secret cults shall
receive counselling.

(4) The police and heads of institutions of learning in the State shall ensure the
protection of persons who renounce their membership of unlawful
society/secret cult.

Expulsion of convicted person.

50. Any person expelled under this Section shall not be qualified for re-admission into
any such educational institution or into any other educational institution within the
State.

Presumption of membership.
51. (1) Any person who attends or participates in a meeting or activity of an unlawful
society/secret cult shall be presumed, unless the contrary is proved, to be a
member of the unlawful society/ secret cult.

(2) Any person who has in his possession or custody or under his control any of
the insignia, documents or other property belonging to an unlawful

30
 society/secret cult, or wears any uniform with such insignia or is marked with
any sign, password, code or symbol of a secret cult or undergoes any rites or
takes any oath related to or associated with an unlawful society/secret cult
shall be presumed unless the contrary is proved, to be a member of that secret
cult.

(3) Any person who gives any financial or material support or assistance to a
secret cult or in any manner; sponsors the activities of an unlawful
society/secret cult shall be presumed unless the contrary is proved, to be a
member of that unlawful society/secret cult.

(4) Any person who harbours a member of an unlawful society/secret cult or

allows or permits secret cult meeting to be held in any house, building or place
belonging or occupied by him or over which he has control shall be presumed,
unless the contrary is proved to be a member of that unlawful society/secret
cult.

Power of police and security personnel to enter, search and arrest.

52. (1) A police officer or the security personnel in any educational institution in the
State who believes on reasonable ground that-

(a) a person is in possession of an offensive weapon or an offensive

weapon is being kept in any vehicle or place; or
(b) a meeting or other activity or of an unlawful society/secret cult is being
held in any place, shall have power to enter and carry out search of
such place or vehicle, apprehend or arrest such persons and seize such
weapons, vehicle, documents and other property found in which he
reasonably believes to belong to unlawful society/secret cult.

(2) Any vehicle, house, shop, kiosk or any receptacle in which an offensive
weapon is found shall be confiscated and forfeited and the owner of such
vehicle, house, shop, kiosk or receptacle shall be charged tried and punished
under this law or any applicable law of the State.

(3) Any arrest or seizure made under subsection 1 of this Section shall be
immediately reported to the police and the person arrested or weapon or other
materials seized shall be handed over to the police.

Power of detention.
53. (1) The police or the security personnel within an educational institution who
believes on reasonable ground that a person is a member of an unlawful
society/secret cult or is sponsoring an unlawful society/ secret cult activities
shall have power to arrest and detain such person for questioning.

(2) Any person arrested and detained under subsection 1 of this Section shall be
arraigned before a court of competent jurisdiction by the police within a
31
 reasonable time.

(3) Any person not being police officer or security personnel of any educational
institution who believes on reasonable grounds that a person is a member of an
unlawful society/secret cult or is sponsoring an unlawful society/secret cult
activity shall be entitled to make a report to the governing authority or to the
police.

Accessory before or after the fact of the membership of an unlawful society/secret cult.
54. Any person who aids and abets the commission or facilitates the escape from arrest of
any person who has committed an offence under this law commits an offence and is
liable on conviction to imprisonment for life.

Obstruction of arrest.
55. Any person who protects, hides or prevents another person who has committed an
offence under this chapter from arrest or detention commits an offence and is liable on
conviction to imprisonment for life.

Power to declare any organization an unlawful Society / Secret cult.

56. The Governor may by an order declare as unlawful society/secret cult any
organisation, association, or group or body of persons which act or operates in a
manner similar to a secret cult and add the name of the organisation, association or
group or body of persons to the list in the Schedule to this Law.

CHAPTER 8
Unlawful Assemblies: Breaches of the Peace.

Unlawful Assembly.
57. (1) When three or more persons, with intent to carry out some common purpose,
assemble in such a manner or, being assembled, conduct themselves in such a
manner, as to cause persons in the neighborhood to fear on reasonable grounds
that the persons so assembled will disturb the peace, or will by such assembly
provoke other persons to disturb the peace, this constitutes an unlawful
assembly.
(2) For the purpose of subsection (1) of this Section, it is immaterial that the
original assembling was lawful if, being assembled, they conduct themselves
with a common purpose in the manner stated in subsection (1) of this Section.
(3) An assembly of three or more persons for the purpose of protecting any
building or persons inside the building is not an unlawful assembly.
(4) Any person who takes part in an unlawful assembly is guilty of a
misdemeanor, and is liable to imprisonment for one year.

Riot.
58. (1) When persons who unlawfully assemble together begin to act in a disorderly
32
 manner as to disturb the peace, the assembly is called a riot, and the persons
assembled are said to be involved in a riot.
(2) Any person who takes part in a riot is guilty of a felony, and is liable to
imprisonment for three years.

Making proclamation for rioters to disperse.

59. Any Magistrate or, in his absence, any Police Officer, or above the rank of Assistant
Superintendent, or any commissioned officer of the armed forces of Nigeria in whose
view a riot is being committed, or who reasonably believes that a riot is about to be
committed by persons assembled within his view, may make or cause to be made a
proclamation in the name of the State in such form as he thinks fit, commanding the
rioters or persons so assembled to disperse peaceably.

Dispersion of rioters after the making of proclamation.

60. If at the expiration of a reasonable time after a proclamation under Section 59 is
made, or after the making of such proclamation has been prevented by force, twelve
or more persons continue to riot, any person authorised to make proclamation, or any
police officer, or any other person acting in aid of such person or police officer, may
arrest the persons who refuse to disperse.

Preventing or obstructing the making of proclamation.

61. Any person who forcibly prevents or obstructs the making of proclamation mentioned
in Section 59 of this Law, is guilty of a felony, and is liable to imprisonment for ten
years.

Rioting after proclamation.

62. (1) If proclamation is made, commanding the persons engaged in a riot, or
assembled with the purpose of committing a riot, to disperse, every person
who, at or after the expiration of a reasonable time of making of such
proclamation, takes or continues to take part in the riot or assembly, is guilty
of a felony, and is liable to imprisonment for five years.
(2) If the making of a proclamation referred to in Section 59 of this Law is
prevented, every person who, knowing that it has been so prevented, takes or
continues to take part in the riot or assembly, is guilty of a felony and liable to
imprisonment for five years.

Rioters demolishing or damaging buildings, machineries, railway, etc.

63. Any person involved in a riot, who unlawfully pulls down or destroys, damages or
begins to pull down or destroy any building, railway, machinery or structure is guilty
of a felony and each of them is liable to imprisonment for seven years.

Unlawful display of arms in public.

64. Any person who is armed with any dangerous or offensive weapon in public without
lawful authority in such a manner as to cause terror or harm to any person is guilty of
a misdemeanour, and is liable to imprisonment for two years, and his arms may be

33
 forfeited.

Forcible entry.
65. Any person who, in a manner likely to cause a breach of the peace or reasonable
apprehension of a breach of the peace, enters a parcel land which is in actual and
peaceable possession of another, is guilty of a misdemeanor, and is liable to
imprisonment for two years.

Forcible possession.
66. Any person who, being in actual possession of land without a claim of right, holds
possession of it, in a manner likely to cause a breach of the peace or reasonable
apprehension of a breach of the peace, against a person entitled by law to the
possession of the land is guilty of a misdemeanor, and is liable to imprisonment for
two years.

Affray.
67. Any person who takes part in a fight in a public place is guilty of an offence, and is
liable to imprisonment for six months.

Challenge to fight a duel.

68. Any person who challenges another to fight a duel, or attempts to provoke another to
fight a duel, or attempts to provoke any person to challenge another to fight a duel, is
guilty of a misdemeanor and is liable to imprisonment for one year.

Threatening Violence.
69. (1) Any person who:
(a) with intent to intimidate or annoy any person, threatens to break or
damage a residential house; or
(b) with intent to alarm any person in a residential house, discharges
loaded fire arms or commits any other breach of the peace; is guilty of
a misdemeanor, and is liable to imprisonment for one year.
(2) If the offence under subsection (1) of this Section is committed in the night,
the offender is guilty of a felony, and is liable to imprisonment for three years.

Provoking breach of peace by offensive publication etc.

70. (1) Any person who:
(a) in any manner or form publishes or displays or offers to the public the
pictorial representation of any person living or dead in a manner likely
to provoke any section of the community;
(b) publishes or circulates publications either in the form of newspapers,
or leaflets, periodicals, pamphlets or posters, if such publications are
likely to provoke or bring into disaffection any section of the
community; or
(c) sings songs, plays any instrument or recording of sounds, or sells,

34
 lends or lets on hire any record of sounds, the words of which are
likely to provoke any section of the community, is guilty of an offence
and liable to a fine of One Hundred Thousand Naira or to
imprisonment for six months.
(2) The court convicting under subsection (1) of this Section may order
confiscation of any material (including records) used for purposes
contemplated by this Section, and of any instrument used in connection with
the offence.
(3) It shall be a defence to any person charged under subsection (1) of this Section
that before the act, he made reasonable inquiry and he was unaware of the
possibility that the item in question might be used for the purposes mentioned
in subsection (1) of this Section.
(4) In this Section:
(i) “pictorial representation” includes any photograph, artistic
representation and electronically generated image and any plate or
film, positive or negative;
(ii) “recorded” means sounds collected or stored by means of any tape,
disc, cylinder or other means whatsoever where the sounds are capable
of being reproduced or are intended for reproduction by electrical or
mechanical means at any time and includes the matrix, and cognate
expressions shall have the like meaning;
(iii) “sounds” includes speech and mere noise.

PART III
OFFENCES AGAINST THE ADMINISTRATION OF LAW AND JUSTICE
AND AGAINST PUBLIC AUTHORITY.

CHAPTER 9
Disclosure of Official Secrets and Removal of Document.

Interpretation.
71. In this Chapter unless the context otherwise requires:
(1) expressions referring to communicating or receiving include any
communicating or receiving whether in whole or in part and whether the
sketch, plan, model, article, note, document or information itself or the
substance affected or description of it only be communicated or received;
(2) expressions referring to obtaining or retaining any sketch, plan, model, article,
note, or document include the copying or causing to be copied the whole or
any part of any sketch, plan, model, article, note or document; and
(3) expressions referring to the communication of any sketch, plan, model, article,
note or document include the transfer or transmission of the sketch, plan,
model, article, note or document;
(4) “document” includes part of a document or electronic document;

35
 (5) “the Government” means the Government of the State;
(6) “model” includes design, pattern and specimen;
(7) “sketch” includes any photograph or other mode of representing any place or
thing.

Disclosure of official secrets.

72. Any person employed in the public service, who Publishes or communicates any fact
which comes to his knowledge by virtue of his office, and which it is his duty to keep
secret, or any document which comes to his possession by virtue of his office and it is
his duty to keep secret, except to some person to whom he is bound to publish or
communicate it, is guilty of a misdemeanour, and is liable to imprisonment for two
years.

Public servant removing document.

73. Any person who, being employed in the public service, without proper authority
removes, or makes a copy of any document the property of his employer is guilty of a
misdemeanor and is liable to imprisonment for one year.

Wrongful communication of information.

74. (1) If any person having in his possession or control any sketch, plan, model,
article, note, document or information which has been entrusted in confidence
to him by any public officer of the State or which he has obtained or to which
he has had access owing to his position as a person who is or has been a public
officer of the State or as a person who holds or has held a contract made on
behalf of the Government, or as a person who is or has been employed under a
person who is or has been a public officer or holds or has held such a contract:
(a) communicates the sketch, plan, model, article, note, document or
information to any person, other than the person to whom he is
authorized to communicate it, or a person to whom it is, in
the interest of the State, his duty to communicate it;
(b) uses the information in his possession in a manner prejudicial to the
interest of the State;
(c) retains the sketch, plan, model, article, note or document in his
possession or control when he has no right to retain it, or when it is
contrary to his duty to retain it, or fails to comply with all directions
issued by lawful authority with regard to the return or disposal of it; or
(d) fails to take reasonable care of, or so conducts himself as to endanger
the safety of the sketch, plan, model, article, note, document or
information; is guilty of a misdemeanour, and is liable to imprisonment
for two years or to a fine of Three Hundred and Sixty Thousand Naira
or to both imprisonment and fine.
(2) If any person receives any sketch, plan, model, article, note, document or
information knowing or having reasonable ground to believe at the time when
he receives it that the sketch, plan, model, article, note, document or
36
 information is communicated to him in contravention of this Chapter, he shall
be guilty of an offence and liable to imprisonment for two years or to a fine of
Three Hundred Thousand Naira or to both imprisonment and fine.
Unless he proves that the communication to him of the sketch, plan, model,
article, note, document or information was without his consent.

Offences relating to official documents.

75. (1) If any person:
(a) retains for any purpose prejudicial to the interest of the State any
official document, whether or not completed or issued for use,
when he has no right to retain it, or when it is contrary to his duty to
retain it, or fails to comply with any directions issued by any
Government department or any person authorised by such department
with regard to the return or disposal of it; or
(b) allows any other person to have possession of any official document
issued for his use alone, or without lawful authority or excuse has in
his possession any official document issued for the use of some person
other than himself, or on obtaining possession of any official document
by finding or otherwise neglects or fails to restore it to the person or
authority by whom or for whose use it was issued or to a police officer,
is guilty of an offence, and liable to imprisonment for two years or to a
fine of Two Hundred and Fifty Thousand Naira or to both such
imprisonment and fine.
(2) In this Section “official document” means an official document relating to the
affairs of the State or in the custody of the Government.

CHAPTER 10
Corruption and Abuse of Office.

Corruption by Public Officer.

76. (1) Any public officer who:
(a) asks for, receives or obtains any property or benefit of any kind for
himself or any other person; or
(b) agrees or attempts to receive or obtain any property or benefit of any
kind for himself or any other person, on account of:
(i) anything already done or omitted, or any favour or disfavor
already shown to any person, by himself in the discharge of his
official duties or in relation to any matter connected with the
functions, affairs or business of a Government department,
public body or other organisation or institution in which he is
serving as a public official; or
(ii) anything to be afterwards done or omitted, or any favour or
disfavor to be afterwards shown to any person, by himself in
the discharge of his official duties or in relation to any such
matter, is guilty of a felony and is liable to imprisonment for
37
 seven years.
(2) If in any proceedings for an offence under this Section, it is proved that any
property or benefit of any kind, or any promise, was received by a public
official, or by some other person at the instance of a public official, from
person:

(a) holding, or seeking to obtain a contract, license or permit from a

Government department, public body or other organisation or
institution in which that public official is serving as such;
(b) concerned, or likely to be concerned, in any proceeding or business
transacted, pending or likely to be transacted before or by that
Public official or a Government department, public body or
other organisation or institution in which that public official is serving
as such; or by or from any person acting on behalf of or related to
such a person, the property, benefit or promise shall, unless the
contrary is proved, be deemed to have been received on account of
such a past or future act, omission, favour or disfavour as is mentioned
in subsection (1)(a) of this Section.
(3) In any proceedings for an offence under this Section to which subsection (1)
(b) is relevant, it shall not be a defence to show that the defendant:
(a) did not subsequently do, make or show the act, omission, favour or
disfavour in question; or
(b) never intended to do, make or show it.
(4) Without prejudice to subsection (3), where a police officer or other public
official whose official duties include the prosecution, detention or punishment
of offenders is charged with an offence under this Section in connection with -
(a) the arrest, detention or prosecution of any person for an alleged
offence; or
(b) an omission to arrest, detain or prosecute any person for an alleged
offence; or
(c) the investigation of an alleged offence, it shall not be necessary to
prove that the defendant believed that the offences under this Section
or any other offence had been committed.

Offering Gratification to a Public Officer and Public Officer Requesting for

Gratification.
77. (1) (a) Any person who intentionally promises, offers, gives or attempts to
offer or give to a public officer directly or indirectly any property or
benefit of any kind for the official himself or herself or another person
or entity, in order that he acts or refrains from acting in the exercise of
his or her official duties; or
(b) Any person being a public officer who intentionally solicits, accepts,
agrees, or attempts to receive or obtain directly or indirectly from any
person any property or benefit of any kind for himself or another
person or entity, in order that he acts or refrains from acting in the
38
 exercise of his official duties, is guilty of a felony and is liable to
imprisonment for seven years.
(2) In any proceedings for an offence under this Section, it is immaterial that the
defendant:
(a) did not act or refrain from acting in the exercise of his official
duties; or
(b) never intended to act or refrain from acting in the exercise of
his official duties.

Acceptance of gift by agents etc.

78. (1) Any person who -
(a) being an agent accepts or obtains or agrees to accept or attempts to
obtain, from any person, for himself or for any other person, any gift or
consideration as an inducement or reward for doing or refraining from
doing any act in relation to his principal’s affairs or business, or for
showing or failing to show favour to any person in relation to his
principal’s affairs or business; or
(b) gives or agrees to give or offers any gift or consideration to any agent
as an inducement or reward for doing or refraining from doing, or for
having after the commencement of this Law done or refrain to do, any
act in relation to his principal’s affairs or business, or for showing or
refraining from showing favour or disfavor to any person in relation
to his principal’s affairs or business; is guilty of a misdemeanor, and
is liable to imprisonment for two years or to a fine of Three Hundred
and Sixty Thousand Naira or both.
(2) For the purposes of this Section, the expression “consideration” includes
valuable consideration of any kind; the expression “agent” includes any person
employed by or acting for another; and the expression “principal” includes an
employer.

Restrictions on arrest and prosecution of Judicial Officers for official corruption.

79. (1) A judicial officer cannot be arrested without a warrant issued by a High Court
Judge for any offence under Sections 76 and 77.
(2) No proceedings for an offence under Sections 76 and 77 shall be instituted
against a judicial officer except on a charge or information signed by or on
behalf of the Attorney- General of the State.
(3) In this Section “judicial officer” means:
(a) Judge
(b) a magistrate
(c) a member of a customary court;
(d) a member of a family Law court;
(e) persons who are engaged for the time being to sit in arbitration proceedings
(f) a member of a tribunal of inquiry constituted under the Tribunals of Inquiry
Law; and
(g) any person presiding over any proceedings in which evidence may be
taken on oath.

39
 Meaning of “Public Officer” in Sections 76 and 77.
80. In Sections 76 and 77 “public officer’’ means any person employed in the public
service or any judicial officer or any public officer as defined in the Constitution of
the Federal Republic of Nigeria, 1999 (as amended).

Extortion by Public Officers.

81. (1) Any public officer who takes or accepts from any person, for the performance
of his duty any reward beyond his emoluments or any promise of such reward,
is guilty of a felony and is liable to imprisonment for five years.
(2) In any proceedings under subsection 1 of this Section, it is immaterial that it is
not the official responsibility of the defendant to perform that duty, provided
he represents that it is his responsibility to perform the duty.

Public Officers demanding property, etc.

82. (1) Any public officer who takes advantage of his employment in any of the
following manner:
(a) demands or takes property from any person;
(b) compels any person to sell any property at a price other than its fair
market value;
(c) obtains lodging from and against the will of any person without
payment or for inadequate payment; or
(d) compels, whether partially or wholly for his own profit, any person to
work without pay mentor for inadequate payment, is guilty of a felony,
and is liable to imprisonment for five years.
(2) Any person who, falsely represents himself bywords, conduct, or otherwise, to
be a person employed in the public service of the State, or of any other
Government, or to be an agent of, or acting under the authority of the
Government of the State, or of any other Government, unlawfully and in such
assumed character:
(a) does any of the acts or things specified in subsection (1) of this
Section; or
(b) compels or orders a person to hand any property over to any other
person, whether such property does or does no tightly belong, or is or
is not rightly due, to that other person, is guilty of a felony, and is
liable to imprisonment for five years.

Public Officers interested in contracts.

83. (1) Any public officer who knowingly acquires or holds, directly or indirectly,
otherwise than as a member of a Public Limited Liability Company, a private
interest in any contract or agreement which is made on account of the public
service with respect to any matter concerning the department of the service in
which he is employed, is guilty of a felony, and is liable to imprisonment for
three years.
(2) The offender under subsection (1) of this Section cannot be arrested without
warrant.
40
 Officers charged with administration of property of a special character or with
special duties.
84. Any public officer charged with any judicial or administrative duties with respect to
property of a special character, or carrying on of any manufacture, trade or business of
a special character, who acquires directly or indirectly, a private interest in any such
property, manufacture, trade or business is guilty of a misdemeanours and is liable to
imprisonment for one year.

False claims by officials.

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

Abuse of office.
86. (1) Any public officer who intentionally fails or neglects to perform an act, or
performs an act in violation of any written law, rule or regulation in the
discharge of his functions, for the purpose of obtaining undue advantage for
himself or for another person or entity is guilty of a felony and is liable to
imprisonment for five years.
(2) Any public officer who does or directs to be done in abuse of the authority of
his office any arbitrary act prejudicial to the rights of another is guilty of a
felony and liable to imprisonment for three years.
(3) The offender under subsections (1) and (2) of this Section cannot be arrested
without warrant.

False certificates by Public Officers.

87. (1) Any public officer authorized or required by law to give any certificate
concerning any matter, who gives a certificate which is, to his knowledge,
false in any material particular, is guilty of a felony, and liable to
imprisonment for three years.
(2) The offender under subsection (1) of this Section cannot be arrested without
warrant.

Administering extra-judicial oaths.

88. (1) Any public officer who without lawful authority administers an oath, or takes
a solemn declaration or affirmation or affidavit, concerning any matter, is
guilty of a misdemeanour and is liable to imprisonment for one year.
(2) Subsection (1) of this Section does not apply to an oath, declaration,
affirmation or affidavit administered or taken before a Peace Officer in any
matter relating to the preservation of the peace or the punishment of offences,
or relating to inquiries respecting sudden death; or to an oath declaration,
affirmation or affidavit, administered or taken for some purpose which is

41
 lawful under the laws of another country, or for the purpose of giving validity
to an instrument in writing which is intended to be used in another country.

False assumption of authority.

89. (1) Any person who:
(a) not being a judicial officer, assumes to act as a judicial officer;
(b) without authority assumes to act as a person having authority by law to
administer an oath or take a solemn declaration or affirmation or
affidavit, or to do any other act of a public nature which can only be
done by persons authorised by law to do so; or
(c) represents himself to be a person authorised by law to sign a document
testifying to the contents of any register or record kept by lawful
authority, or testifying to any fact or event, and signs such document as
being so authorised, when he is not, and knows that he is not, in fact,
so authorised, is guilty of a felony, and is liable to imprisonment for
three years.
(2) The offender under subsection (1) of this Section cannot be arrested without
warrant.

Impersonating members of Armed Forces or Police.

90. Any civilian who with intent that he may be taken to be a member of the Armed
Forces of Nigeria, a member of the Police force, Nigerian Security and Civil Defence
Corps or any other Security agency lawfully established by the Government-
(a) wears any part of the uniform of; or
(b) wears any garb resembling any part of the uniform of a person serving in any
of the above forces or agencies is guilty of a felony and is liable to
imprisonment for three years.

Impersonating other Public Officers.

91. Any person who:
(a) impersonates any public officer not being a member of the Armed Forces or
Police on an occasion when the latter is required to do any act or attend any
place by virtue of his employment; or
(b) falsely represents himself to be such public officer as mentioned in subsection
(a) of this Section and assumes to do any act or to attend any place for the
purpose of doing any act by virtue of such employment, is guilty of a felony,
and is liable to imprisonment for three years.

Unlawfully wearing the uniform of the Armed Forces, etc.

92. (1) Any civilian who:
(a) wears the uniform or any part of the uniform of the armed forces or the
Police, the Nigerian Security and Civil Defence Corps or any other
Security agency lawfully established by the Government, any dress
having the appearance or bearing any of the regimental or other

42
 distinctive marks of such uniforms; or
(b) not being a person holding any office or authority under the
Government of Nigeria wears any uniform or distinctive badge or mark
or carries any token calculated to convey the impression that such
person holds any office or authority under the Government,
is guilty of a misdemeanour and is liable to imprisonment for two years
unless he proves that he had the permission of the relevant authority to
wear such uniform or dress, badge or mark or to carry such token.
(2) This Section shall not apply to the wearing of any uniform or dress in the
course of a stage play or in any bona fide public entertainment.

Selling or giving uniform to unauthorized persons.

93. Any person who sells or gives any uniform, or part of a uniform, or any dress, badge
or mark, mentioned in Section 90 to Section 92 of this Law to any person who is not
authorized to wear the same, is guilty of a felony and is liable to imprisonment for
five years.

Bargaining for offices in Public Service.

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

Unlawful Enrichment.
95. Any public official who:
(a) enriches himself so as to have a significant increase in his assets that he cannot
reasonably explain the increase, in relation to his lawful income;
(b) retires, resigns or is dismissed from service and cannot reasonably explain the
increase in relation to his lawful income; or
(c) after leaving office begins to derive economic benefits from favours he had
conferred on third party or parties while in the office, is guilty of a felony, and
is liable to imprisonment for seven years.

Bribery in the private sector.

96. Any person who:
43
 (a) promises, offers, or gives, directly or indirectly any benefit of any kind or any
undue advantage to any person who directs or works, in any capacity, in the
private sector, for the person himself or for another person, in order that he
acts or refrains from acting; or
(b) being in the private sector, solicits or accepts, directly or indirectly any benefit
of any kind or any undue advantage from the person himself or for another
person, in order that he acts or refrain from acting, is guilty of a felony and is
liable to imprisonment for seven years.

CHAPTER 11
Offences relating to the Administration of Justice.

Definition of judicial proceedings.

97. In this Chapter, the term “judicial proceedings” includes any proceeding had or taken
in or before any court, tribunal, commission of inquiry, or person, in which evidence
may be taken on oath.

Perjury.
98. (1) Any person who, in any judicial proceeding or for the purpose of instituting
any judicial proceeding, knowingly gives false testimony concerning any
matter which is material to any question intended to be raised in that
proceeding, is guilty of the offence of perjury.
(2) It is immaterial whether the testimony is given on oath or under any other
sanction authorised by Law.
(3) The forms and ceremonies used in administering the oath or in otherwise
binding the person giving the testimony to speak the truth are immaterial, if he
assents to the forms and ceremonies actually used.
(4) It is immaterial whether:
(a) the false testimony is given orally or in writing; or
(b) the court or tribunal is properly constituted, or is held in the proper
place, or not, if it actually acts as a court or tribunal in the proceeding
in which the testimony is given; or
(c) person who gave the testimony is a competent witness or not, or
whether the testimony is admissible in the proceeding or not.
(5) The offender under subsection (1) of this Section cannot be arrested without
warrant.

Punishment for perjury.

99. (1) Any person who commits perjury is liable to imprisonment for seven years.
(2) If the offender commits the offence of perjury in order to procure the
conviction of another person for an offence punishable with death or with
imprisonment for life, the offender is liable to imprisonment for life.

44
 Evidence on charge of perjury.
100. A person cannot be convicted of committing perjury or of counselling or procuring
perjury, on the uncorroborated testimony of one witness.

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

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

Deceiving witnesses.
103. (1) Any person who practises any fraud or deceit, or knowingly makes or exhibits
any false statement, representation, token, or writing, to any person called or
to be called as a witness in any judicial proceeding, with intent to affect the
testimony of such person as a witness, is guilty of a felony, and is liable to
imprisonment for seven years.
(2) The offender under subsection (1) of this Section cannot be arrested without
warrant.

Destroying Evidence.
104. (1) Any person who, knowing that any book, document, or other thing of any
kind, is or may be required in evidence in a judicial proceeding, willfully

45
 removes, conceals or destroys or renders it illegible or difficult to read or
incapable of identification, with intent to prevent it from being used in
evidence is guilty of a felony, and is liable to imprisonment for seven years.
(2) The offender under subsection (1) of this Section cannot be arrested without
warrant.

Preventing witnesses from attending court.

105. Any person who willfully prevents or attempts to prevent any person who has been
duly summoned to attend as a witness before any court or tribunal from attending as a
witness or from producing anything in evidence as required by a subpoena or
summons is guilty of a felony and is liable to imprisonment for three years.

Bringing false Accusation.

106. Any person who causes another to be charged with any offence, whether alleged to
have been committed in the State or elsewhere, knowing that such person is innocent
of the alleged offence, is guilty of a felony.

Conspiracy to bring false accusation.

107. Any person who conspires with any person or cause any person to be charged with an
offence, whether alleged to have been committed in the State or elsewhere, knowing
that such person is innocent of the alleged offence, is guilty of a felony.

Punishment for bringing false accusation and conspiracy to bringing false accusation.
108. (1) Any person who is guilty of an offence under Sections 106 and 107 shall be
liable
(a) where the offence is such that any person convicted of it is liable to
be sentenced to death or imprisonment for life, to imprisonment for
life;
(b) where the offence is such that any person convicted of it is liable to be
sentenced to imprisonment, but for a term less than life, to
imprisonment for fourteen years.
(c) in any other case, to imprisonment for seven years.
(2) The offender under subsection (1) of this Section cannot be arrested without
warrant.

Making false statement to Public Officer with intent.

109. Any individual who gives any information which he knows or believes to be false, to
any person employed in the public service with the intention of causing such person:
(a) to do or omit to do anything which such person ought not to do or ought not to
omit to do if the true facts concerning the information given were known to
such person; or
(b) to exercise or use his lawful powers as a person employed in the public service
to the injury or annoyance of any other person, is guilty of a misdemeanour
and liable to imprisonment for one year.

46
 Conspiracy and attempt to pervert justice.
110. (1) Any person who conspires with another to obstruct, prevent, pervert, or defeat
the course of justice is guilty of a felony and is liable to imprisonment for
seven years.
(2) The offender in subsection (1) of this Section cannot be arrested without
warrant.
(3) Any person who attempts, in any way not specifically defined in this Law, to
obstruct, prevent, pervert, or defeat, the course of justice is guilty of a
misdemeanour, and is liable to imprisonment for two years.

Concealing or failing to report felonies.

111. (1) Subject to the provisions of this or any other Law, any person who asks,
receives, obtains, agrees, or attempts to receive or obtain any property or
benefit of any kind for himself or any other person on any agreement or
understanding that he will not disclose any information concerning a felony,
that may be of material assistance to the prosecution of an offender, is guilty
of an offence.
(2) If the felony is such that a person convicted of it is liable to be sentenced to
death or imprisonment for life, the offender is guilty of a felony, and is liable
to imprisonment for five years.
(3) In any other case, the offender is liable to imprisonment for three years.
(4) The offender under this Section cannot be arrested without a warrant.

Hindering Prosecution.
112. (1) A person commits the crime of hindering prosecution if, with intent to hinder
the apprehension, prosecution, conviction or punishment of a person who has
committed a crime punishable as a felony, or with the intent to assist a person
who has committed a crime punishable as a felony in profiting or benefiting,
the person:
(a) harbors or conceals such person; or
(b) warns such person of impending discovery or apprehension; or
(c) provides or aids in providing such person with money, transportation,
weapon, disguise or other means of avoiding discovery or
apprehension; or
(d) prevents or obstructs, by means of force, intimidation or deception, a
prosecutor, an investigator or anyone from performing an act which
might aid in the discovery or apprehension of the person or in the
lodging of a criminal charge against the person; or
(e) suppresses by any act of concealment, alteration or destruction of
physical evidence which might aid in the discovery or apprehension of
such person; or
(f) aid such person in securing or protecting the proceeds of the crime.
(2) If the felony is such that a person is liable to be sentenced to death or

47
 imprisonment for life, a person found guilty under this Section is liable to
imprisonment for five years.
(3) In any other case, the offender under this Section is liable for imprisonment for
three years.
(4) The offender under this Section cannot be arrested without a warrant.

Compounding penal actions.

113. Subject to the provisions of this or any other Law, any person who, having brought, or
under pretence of bringing, an action against another person under a penal Act or Law
in order to obtain from him a penalty for any offence committed or alleged to have
been committed by him, compounds the action without the order or consent of the
court in which the action is brought or is to be brought, is guilty of a misdemeanour,
and is liable to imprisonment for one year or a fine of fifty thousand Naira
(N50,000.00) only.

Advertising a reward for the return of stolen or lost property.

114. Any person who:
(a) publicly offers a reward for the return of any property which has been
stolen or lost, and in the offer makes use of any words purporting that
no questions will be asked, or that the person producing such property
will not be arrested or molested;
(b) publicly offers to return to any person who may have bought or
advanced money by way of loan on any stolen or lost property the
money so paid or advanced, or any other sum of money or reward for
the return of such property; or
(c) prints or publishes any such offer, is guilty of an offence, and is liable
to a fine of Twenty Thousand Naira.

Delay to take person arrested before a court.

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

Bringing and defending fictitious actions.

116. Any person who in the name of a fictitious claimant or defendant or in the name of a
real person but without his authority brings or defends an action against another
person is guilty of a felony and is liable to imprisonment for three years.

Inserting advertisement without authority of court.

117. Any person who, without authority, or knowing the advertisement to be false in any
material particular, inserts or causes to be inserted in the State Official Gazette or in
any newspaper, an advertisement purporting to be published under the authority of
any court or tribunal is guilty of a felony, and is liable to imprisonment for three
years.
48
 Contempt of Court.
118. Any person who -
(a) within the premises in which any judicial proceeding is being held or
taken, or within the precincts of the same, shows disrespect, in speech
or manner, to or with reference to such proceeding, or to any person
before whom such proceeding is being had or taken;
(b) who having been called on to give evidence in a judicial proceeding,
fails to attend or, having attended, refuses to be sworn or to make an
affirmation, or, having been sworn or affirmed, refuses
without lawful excuse to answer a question, or to produce a document,
or prevaricates, or remains in the room in which such proceeding is
being had or taken, after the witnesses have been ordered to leave such
room;
(c) causes an obstruction or disturbance in the course of a judicial
proceeding;
(d) while a judicial proceeding is pending, makes use of any speech or
writing, misrepresenting such proceeding, or capable of prejudicing
any person in favour of or against any party to such proceeding, or
calculated to lower the authority of any person before whom such
proceeding is being had or taken;
(e) publishes a report of the evidence taken in any judicial proceeding
which has been directed to be held in private;
(f) attempts wrongfully to interfere with or influence a witness in judicial
proceeding, either before or after he has given evidence, in connection
with such evidence;
(g) dismisses a servant because he has given evidence on behalf of a party
to a judicial proceeding;
(h) retakes possession of land from any person who has recently obtained
possession by a writ of court; or
(i) commits any other act of intentional disrespect to any judicial
proceeding, or to any person before whom such proceeding is being
had or taken, is guilty of an offence, and liable to imprisonment for
six months.

CHAPTER 12
Unlawful Release, Escapes, Obstructing Officers of Courts.

Unlawful Release from custody.

119. (1) Any person who unlawfully releases or attempts to unlawfully release from
lawful custody any other person:
(a) if such last-named person is under sentence of death or imprisonment
for life, charged with an offence punishable with death, or

49
 imprisonment for life, is guilty of a felony, and is liable to
imprisonment for life; and
(b) in any other case, is guilty of a felony, and is liable to imprisonment
for seven years.
(2) For the purpose of subsection (1) of this Section if the person unlawfully
released is in the custody of a private person, the offender must have notice of
the fact that the person unlawfully released is in such custody.

Escape from lawful custody.

120. Any person who escapes from lawful custody:
(a) if he is charged with, or has been convicted of a felony or misdemeanor, is
guilty of a felony and liable to imprisonment for seven years; and
(b) in any other case, he is guilty of a misdemeanor and liable to imprisonment
for two years.

Aiding prisoners to escape.

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

Permitting escape.
122. Any officer of the Correctional facility or a member of the Police who willfully
permits any other person within his lawful custody to escape is —
(a) if such last-named person is charged with an offence punishable by death, or
imprisonment for life, guilty of a felony and is liable to imprisonment for
fourteen years; and
(b) in any other case, guilty of a felony, and is liable to imprisonment for seven
years.

Negligently permitting escape.

123. Any Officer of the Correctional services or a member of the Police, who negligently
permits a person within his lawful custody to escape, is guilty of a felony, and is liable
to imprisonment for four years.

Unlawful release of mentally disordered persons.

124. (1) Any person who—
(a) unlawfully releases any person while being taken as a mentally
disordered person to a hospital or any other place for the care of such
persons or to a Correctional facility, or rescues any person during his
confinement as a mentally disordered person in any such place;
(b) being in charge of a person willfully permits him to escape from
custody while being taken as a mentally disordered person to a hospital

50
 or any other place;
(c) being a superintendent of, or person employed in, any such place,
willfully permits a person confined there to escape; or
(d) conceals any such person who has to his knowledge been rescued
while being taken or confined, or has to his knowledge, escaped from
such confinement, is guilty of a felony, and is liable to imprisonment
for three years.
(2) The offender in subsection (1) of this Section cannot be arrested without
warrant.

Removing property under lawful seizure.

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

Obstructing officers of courts of justice.

126. Any person who willfully obstructs or resists any person lawfully charged with the
execution of an order or warrant of any court, is guilty of a felony, and is liable to
imprisonment for three years.

CHAPTER 13
Miscellaneous Offences against Public Authority.

False declaration as to execution of death sentence.

127. Any person who subscribes a certificate or declaration as to the execution of a death
sentence, 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 in application for public document.

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

False statements and declarations

129. Any person who, on any occasion on which a person is required by law to make a
statement on oath, by affirmation or declaration, makes the statement which in any
material particular is to his knowledge false, is guilty of a felony and is liable to
imprisonment for three years.

Shooting, firing and launching offensive weapons.

130. A person who –
(a) shoots or fires or launches an offensive weapon or material at any vessel of

51
 any kind which is in use by a public authority while engaged in the execution
of public service; or
(b) shoots at, wounds, or causes any grievous harm to any public officer while
engaged in the execution of his duty or any person acting in aid of the public
officer while so engaged is guilty of a felony and is liable to imprisonment for
fourteen years.

Resisting Public Officers.

131. Any person who, in any manner –
(a) obstructs or resists any public officer while engaged in the discharge or
attempted discharge of the duties of his office under any Act, Law or
Regulation, or
(b) obstructs or resists any person while engaged in the discharge or attempted
discharge of any duty imposed on him by any Act, Law, or Regulation is
guilty of a felony, and is liable to imprisonment for three years or to a fine of
Two Hundred Thousand Naira (N200,000.00) only.

Refusal by Public Officer to perform duty.

132. Any public officer required by any Act, Law, or Regulation, to do any act by virtue of
his employment, who perversely and without lawful excuse omits or refuses to do any
such act is guilty of a misdemeanor, and is liable to imprisonment for two years.

Neglect of Peace Officer to suppress riot.

133. Any Peace Officer, having notice that there is a riot in his neighbourhood, without
reasonable excuse, omits to do his duty in suppressing such riot, is guilty of a
misdemeanour, and is liable to imprisonment for two years.

Neglect to aid in suppressing riot.

134. Any person who, having reasonable notice that he is required to assist any Peace
Officer in suppressing a riot, without reasonable excuse omits to do so, is guilty of a
misdemeanour, and is liable to imprisonment for one year or to a fine of Fifty
Thousand Naira (N50,000.00)

Neglect to aid in arresting offenders.

135. Any person who, having reasonable notice that he is required to assist any Peace
Officer or member of the Police in arresting any person or in preserving the peace,
without reasonable excuse omits to do so, is guilty of a misdemeanour, and is liable to
imprisonment for one year or to a fine of Fifty Thousand Naira (N50,000.00).

Disobedience to Act, Law, or Regulation.

136. (1) Any person
(a) who, without lawful excuse, the proof of which lies on him, does any
act which he is, by the provisions of any Act, Law or Regulation,
forbidden to do, or
(b) omits to do any act, which he is, by the provisions of any such Act,
52
 Law or Regulation, required to do is guilty of a misdemeanour. Such
person shall be triable under this Law unless some other mode of
proceeding against him for such disobedience is expressly provided by
the Act, Law or Regulation and is intended to be exclusive of all other
punishments
(2) The offender under subsection (1) of this Section is liable to imprisonment for
one year or to a fine of Fifty Thousand Naira (N50,000.00)

Disobedience to lawful order issued by constituted authority.

137. (1) Any person who, without lawful excuse, the proof of which lies on him,
disobeys any lawful order issued by any person authorised by any Act, Law,
or Regulation, to make the order, is guilty of a misdemeanour, unless some
mode of proceeding against him for such disobedience is expressly provided
by the Act, Law, or Regulation, and is intended to be exclusive of all other
punishment.
(2) The offender under subsection (1) of this Section is liable to imprisonment for
one year or to a fine of Fifty Thousand Naira (N50,000.00).

CHAPTER 14
Acts Injurious to the Public in General.

Offences relating to Religious Worship.

Insult to a religion.
138. Any person who does an act which any class of persons consider as a public insult on
their religion, with the intention that they should consider the act an insult, and any
person who does an unlawful act with the knowledge that any class of persons will
consider it an insult, is guilty of a misdemeanour, and is liable to imprisonment for
two years or a fine of Fifty Thousand Naira (N50,000.00).

Offering violence to officiating ministers of religion.

139. Any person who—
(a) by threats or force prevents or attempts to prevent any minister of religion
from lawfully officiating in any place of religious worship, or from
performing his duty in the lawful burial of the dead in any cemetery or other
burial place;
(b) by threats or force obstructs or attempts to obstruct any minister of religion
while so officiating or performing his duty; or
(c) assaults, or under the pretence of executing any civil process, arrests any
minister of religion who is engaged in, or is, to the knowledge of the offender
about to engage in, any of the offices or duties earlier mentioned, or who is, to
the knowledge of the offender, going to perform the same or returning from
the performance of it; is guilty of a misdemeanour, and liable to imprisonment
for one year.

53
 Disturbing religious worship.
140. Any person who willfully and without lawful justification or excuse, the proof of
which lies on him, disquiets, disturbs any meeting of persons lawfully assembled for
religious worship, assaults any person lawfully officiating at any such meeting, or any
of the persons there assembled, is guilty of a misdemeanour, and liable to
imprisonment for one year.

CHAPTER 15
Trial by Ordeal, Witchcraft, Juju and Criminal Charms.

Trial by ordeal.
141. (1) The trial by ordeal of any person by any means which is likely to result in
death or bodily harm to any party to the proceedings is unlawful.
(2) The Commissioner may by order prohibit the worship or invocation of any
juju which appears to him to involve or tend towards the commission of any
crime or breach of peace, or to the spread of any infectious or contagious
disease.

Directing unlawful trial by ordeal.

142. Any person who directs or controls or presides at any trial by ordeal is guilty of a
felony and:
(a) when the trial results in the death of any party to the proceeding, the offender
is liable to life imprisonment; and
(b) in every other case to imprisonment for ten years.

Being present at, or making poison for, trial by ordeal.

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

Offences in relation to witchcraft and juju.

144. Any person who—
(a) by his statements or actions represents himself to be a witch or to have
the power of witchcraft;
(b) accuses or threatens to accuse any person of being a witch or of having
the power of witchcraft;
(c) makes, sells, uses, assists or takes part in making or selling or using, or
has in his possession or represents himself to be in possession of any
juju, drug or charm which is intended to be used or reported to possess
the power to prevent or delay any person from doing an act which such
person has a legal right to do, or to compel any person to do an act

54
 which such person has a legal right to refrain from doing, or which is
alleged or reported to possess the power of causing any natural
phenomenon or any disease or epidemic;
(d) directs, controls, presides at or is present at or takes part in the worship
or invocation of any juju which is prohibited by an order of the
Commissioner;
(e) is in possession of, has control over any human remains which are used
or are intended to be used in connection with the worship or
invocation of any juju; or
(f) makes, uses or assists in making, using or has in his possession
anything whatsoever, the making, use or possession of which has been
prohibited by an order as being or believed to be associated with
human sacrifice or other unlawful practice, is guilty of a
misdemeanour, and is liable to imprisonment for two years.

Permitting trial by ordeal and prohibited juju worship.

145. (1) Any person who directly or indirectly permits, promotes, encourages or
facilitates any trial by ordeal, the worship or invocation of any juju which has
been prohibited by an order, or who, knowing of such trial, worship or
invocation, or intended trial, worship or invocation, does not report the same
to a Police Officer, 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.

Destruction of place where ordeal or prohibited juju worship is held.

146. Any house, grove or place in which it has been customary to hold any trial by ordeal,
or the worship or invocation of any juju which is prohibited by an order, may,
together with all articles found there, be destroyed or erased on the order of any Court
by such persons as the Court may direct.

Criminal charms.
147. Any person who -
(a) makes, sells or keeps for sale or for hire or reward, any fetish or charm which
is pretended or reputed to possess power to protect burglars, robbers, thieves
or other persons planning to commit a crime, or to aid or assist in any way in
the perpetration of any burglary, housebreaking, robbery or theft, or in the
perpetration of any offence whatsoever, or to prevent, hinder or delay the
detection of or conviction for any offence whatsoever; or
(b) is found having in his possession without lawful and reasonable excuse (the
proof of which excuse shall lie on such person) any such fetish or charm, is
guilty of a felony, and is liable to imprisonment for fourteen years

55
 CHAPTER 16
Offences against Morality.

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

Indecent treatment of a child.

149. (1) Any person who unlawfully and indecently deals with a child is guilty of a
felony, and is liable to imprisonment for seven years.
(2) The term “deal with” includes doing any act which, if done without consent,
would constitute an assault.

Indecent practices.
150. Any person who commits any act of gross indecency with another person in public, or
procures another person to commit any act of gross indecency in public with him or
another person is guilty of a felony, and is liable to imprisonment for three years.

Defilement of a child.
151. (1) Any person who has sexual intercourse with a child is guilty of a felony, and is
liable to imprisonment for life.
(2) If at the trial of a person charged with an offence under this Law, the facts
proved in evidence justify a conviction for an offence against this Section, the
person charged or so indicted shall be convicted of the offence against this
Section although he was not charged with that offence in the first instance.

Householder permitting defilement of a child on his premises.

152. Any person who, being the owner or occupier of any premises, or having, acting, or
assisting in the management or control of any premises, induces or knowingly permits
any child to resort to or be in or on such premises for the purpose of sexual
intercourse or indecent dealing, is guilty of a felony and liable to imprisonment for
life.

Allowing a child to be in a brothel.

153. (1) Any person having the custody, charge or care of a child and allows that child
to reside in or frequent a brothel, shall be liable to a fine of Ninety Thousand
Naira or to imprisonment for six months or to both.
(2) If at the trial of a person charged with an offence under this Law, the facts
proved in evidence justify a conviction for an offence against this Section, the
person charged or so indicted shall be convicted of the offence against this
Section although he was not charged with that offence in the first place.
56
 Procuration.
154. (1) Any person who procures another:
(a) to have unlawful sexual intercourse with any other person or persons,
either in the State or elsewhere;
(b) to become a prostitute, either in the State or elsewhere;
(c) to leave the State with intent that he may become an inmate of a
brothel elsewhere; or
(d) to leave his usual place of abode in the State, with intent that he may,
for the purposes of prostitution, become an inmate of a brothel, either
in Nigeria or elsewhere, is guilty of a misdemeanour, and is liable to
imprisonment for two years.
(2) The offender under subsection (1) of this Section maybe arrested without
warrant.

Abduction of a child with intent to have sexual intercourse.

155. Any person who with intent that any person may have sexual intercourse with a child
under the age of 18, takes him or her or causes him or her to be taken out of the
custody or protection of his or her father, mother, or other person having the lawful
care or charge of him or her is guilty of a felony, and is liable to imprisonment for
twenty-one years.

Persons trading in prostitution.

156. (1) Any person who—

(a) knowingly lives wholly or in part on the earnings of prostitution; or
(b) In any public place persistently solicits or importunes for immoral
purposes, is guilty of a misdemeanour and liable to imprisonment for
two years.
(2) A magistrate who is satisfied, by evidence on oath, that there is reason to
suspect that any premises or any part of any premises are or is used for the
purposes of prostitution, and that any person residing in or frequenting the
premises is living wholly or in part on the earnings of the prostitute, may issue
a warrant authorising any police officer to enter, search the premises and to
arrest such a person.
(3) A person who is proved to have exercised control, direction or influence over
the movements of a prostitute in such a manner as to show that he is aiding,
abetting or compelling the prostitution with any person or generally shall,
unless he can satisfy the court to the contrary be deemed to be knowingly
living on the earnings of prostitution.

Keeping a brothel.
157. (1) Any person who:-
(a) keeps a brothel;
(b) being the tenant, lessee, occupier or person in charge of any premises,
57
 knowingly permits such premises or any part of it to be used as a
brothel or for the purposes of habitual prostitution; or
(c) being the lessor or landlord of any premises, or the agent of such lessor
or landlord, lets the same or any part of it with the knowledge that such
premises or some part of it is to be used as a brothel, or is willfully a
party to the continued use of such premises or any part of it as a
brothel, is liable -
(i) on first conviction to a fine of Ninety Thousand Naira or to
imprisonment for six months, and
(ii) on a second or subsequent conviction, to a fine of One
Hundred and Eighty Thousand Naira or to imprisonment for
one year; or in either case, to both fine and imprisonment.
(2) For the purpose of subsection (1) of this Section, any person who appears,
acts, or behaves, as master or mistress, or manages or assists in the
management of a brothel is deemed to be the keeper.

Unlawful detention with intent to defile, or in a brothel.

158. (1) Any person who detains another person against such person’s will in or on any
premises for the purpose of unlawful sexual intercourse with the person
detained is guilty of a felony and is liable to imprisonment for five years.
(2) A person is deemed to detain another person in or on any premises for the
purpose of unlawful sexual intercourse if, with intent to compel or induce him
to remain in or on the premises, he puts him in a state or condition which
makes it impracticable for him to leave.

Attempts to procure abortion.

159. (1) Any person who, with intent to procure an abortion on a woman whether or
not she is pregnant, unlawfully administers to her or causes her to take any
poison or other noxious thing, or uses any force of any kind, or uses any other
means whatsoever, is guilty of a felony, and is liable to imprisonment for three
years.
(2) Where the offence committed in subsection (1) was committed against a girl
child, the offender shall be liable to imprisonment for seven years.

Attempt to procure own miscarriage.

160. Any woman who, with intent to procure her own miscarriage, whether or not she is
pregnant, unlawfully administers to herself any poison or other noxious thing, or uses
any force of any kind, or use any other means whatsoever, or permits any such thing
or means to be administered or used on her, is guilty of a misdemeanour, and is liable
to imprisonment for two years.

Supplying drugs or Instruments to procure abortion.

161. (1) Any person who unlawfully supplies to or procures for any person anything
whatever, knowing that it is intended to be unlawfully used to procure the

58
 miscarriage of a woman, whether or not she is pregnant, 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.

Knowledge of age immaterial.

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

Punishment of persons under the age of twelve years.

163. Any person under the age of twelve years who is convicted of any offence under this
chapter shall be committed to community service for a period of time as may be
determined by the court.

CHAPTER 17
Gaming Houses and Betting Houses.
Gaming houses.
164. (1) A person is said to keep a gaming house if
(a) being the owner, occupier, or having the use of, any house, room or
place, he opens, keeps or uses the same for the purpose of unlawful
gaming;
(b) being the owner or occupier of any house, room place, knowingly and
willfully permits the same to be opened, kept or used by any other
person for such purposes; or
(c) having the care or management of or in any manner assisting in
conducting the business of any house, room or place opened, kept or
used for such purposes; or
(d) appears, acts, or behaves, as master or mistress of any such premises.
(2) In this Section “unlawful gaming” is any gaming, the chances of which are not
alike favourable to all the players, including the person or persons by whom
the game is managed or the banker and shall include roulette, every game of
dice except backgammon, every game which is not a game of skill, and any
game in which players stake, play or bet.
(3) Any person who keeps a gaming house is guilty of a misdemeanour and is
liable to a fine of Ninety Thousand Naira for the first offence and for each
subsequent offence to a fine of One Hundred and Eighty Thousand Naira or
imprisonment for one year or both.
(4) Any person other than the persons mentioned in subsection (1) of this Section
who is found in a gaming house shall be deemed, unless the contrary is
proved, to be there for the purpose of unlawful gaming and shall be guilty of
an offence and shall be liable to a fine of Fifteen Thousand Naira for the first

59
 offence and for each subsequent offence to a fine of Forty Five Thousand
Naira or imprisonment for three months or both.
(5) Where a police officer authorised to enter any house, room or place is willfully
prevented from or obstructed or delayed in entering the same or any part of it,
or where any person gives an alarm in the case of such entry, it shall be
evidence until the contrary be proved, that such house, room or place is used
as a gaming house within the meaning of subsection (1) of this Section and
that the persons found within there were unlawfully playing there.

Betting houses.
165. (1) Any house, room, or place, which is used for any of the following purposes—
(a) betting between persons resorting to the place; and
(i) the owner, occupier, or keeper of the place, or any person using
the place; or
(ii) any person procured or employed by or acting for or on behalf
of any such owner, occupier, or keeper, or person using the
place; or
(iii) any person having the care or management, or in any manner
conducting the business, of the place; or
(b) for the purpose of any money or other property being paid or received
there by or on behalf of any such owner, occupier, or keeper, or person
using the place as, or for the consideration—
(i) for an assurance, undertaking, promise, or agreement, express
or implied, to pay or give thereafter any money or other
property on any event or contingency of or relating to any horse
race, or other race, fight, game, sport, or exercise; or
(ii) for securing the paying or giving by some other person of any
money or other property on any such event or contingency, is a
betting house.
(2) For the purposes of subsection (1) of this Section, a person is a keeper of a
betting house if he appears, acts or behaves as master or mistress of any such
premises.
(3) Any house, room or place which is used for the purposes of a licensed pool
betting business shall not be deemed to be a betting house under subsection (1)
of this Section.
(4) Any person who, being the owner or occupier of any house, room, or place,
knowingly and willfully permits it to be opened, kept or used as a betting
house for another person or who has the use or management or assists in
conducting the business of a betting house by another person, or who has the
use or management, is guilty of a misdemeanour and is liable to a fine of
Ninety Thousand Naira for the first offence and for each subsequent offence a
fine of One Hundred and Eighty Thousand Naira or imprisonment for one year
or both.

60
 CHAPTER 18
Obscene Publications.

Test of obscenity.
166. (1) For the purposes of this Chapter, an article shall be deemed to be obscene if its
effect, taken as a whole, is such as to tend to deprave and corrupt persons who
are likely, having regard to all relevant circumstances, to read, see or hear the
matter contained or embodied in it and it shall not be material that the actual
person to whom it was published was not depraved by it.
(2) The provisions of this Chapter shall extend to any article of two or more
distinct items, the effect of any one of which is such as to tend to deprave and
corrupt.
(3) Nothing in this Chapter shall apply to exhibitions in private houses to which
the public are not admitted or to anything done in the course of television or
sound broadcasting
(4) For the purposes of this Chapter, a performance of a play in public shall be
deemed to be obscene if, taken as a whole, its effect is such as to tend to
deprave and corrupt persons who are likely, having regard to all relevant
circumstances, to attend it and it shall not be material that the actual persons
before whom it was performed were not depraved by it.
(5) Nothing in this Chapter shall apply in relation to a performance of a play given
on a domestic occasion in a private welling.

Prohibition of publication of obscene matter.

167. (1) Subject to the provisions of this Chapter, any person who whether for gain or
not, distributes or projects any article deemed to be obscene for the purposes
of this Chapter is guilty of a felony and is liable to a fine of Four Hundred and
Fifty Thousand Naira or imprisonment for three years or both.
(2) A person shall not be convicted under this Section if he proves that he had not
examined the article in respect of which he is charged and had no reasonable
cause to suspect that it was such that his publication of it would make him
liable to be convicted under this Section.
(3) In any proceedings against a person under this Section, the question whether
an article is obscene shall be determined without regard to any publication by
another person unless it could reasonably have been expected that the
publication by the other person would follow from publication by the person
charged.
(4) No prosecution for an offence against this Section shall be commenced more
than two years after the commission of the offence.

Prohibition of obscene performance of plays.

168. If an obscene performance of a play is given, whether in private or public, any person
who (whether for gain or not) presented or directed that performance is guilty of a
felony and liable to a fine of Four Hundred and Fifty Thousand Naira or to

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 imprisonment for three years or both

Power of search and seizure.

169. (1) Subject to the provisions of this Chapter, if a Magistrate is satisfied by
information on oath that there is reasonable ground for suspecting that articles
deemed to be obscene for the purposes of this Chapter are, or are from time to
time, kept for publication for gain or not on any premises or in any stall or
vehicle in the State the Magistrate may issue a warrant empowering any Police
Officer to:
(a) enter using reasonable force where required and to search the premises;
or
(b) search the premises, stall or vehicle, and seize and remove any such
article
(2) A warrant under subsection (1) of this Section shall be executed within 14
days from the date of issuance.
(3) A warrant under subsection (1) of this Section shall, if any obscene article is
seized under the warrant, also empower the seizure and removal of any
document found on the premises or, as the case may be, in a stall or vehicle
which relate to a trade or business carried on at the premises or from the stall
or vehicle.
(4) Articles seized under subsection (1) of this Section may be brought before the
Magistrate who issued the warrant or before any other Magistrate.
(5) The Magistrate before whom the articles are brought may then issue a
summons to the occupier of the premises, or, as the case may be, the user of
the stall or vehicle to appear on a day specified in the summons before a
Magistrates’ court to show cause why the articles or any of them should not be
forfeited.
(6) If the court is satisfied, in respect of any of the articles that at the time when
they were seized they were obscene articles kept for publication whether for
gain or not, the court shall order those articles to be forfeited; but no order
shall be made under this subsection in default of appearance by the person
summoned unless service of the summons is proved.
(7) In addition to the person summoned, any other person being the owner, author
or maker of any of the articles brought before the court, or any other person
through whose hands they had passed before being seized, shall be entitled to
appear before the court on the day specified in the summons to show cause
why they should not be forfeited.
(8) Where an order is made under this Section for the forfeiture of any article, any
person who appeared, or was entitled to appear, to show cause against the
making of the order may appeal to the High Court; and no such order shall
take effect until the expiration of fourteen days after the day on which the
order is made, or, if before the expiration, notice of appeal is duly given, until
the final determination or abandonment of the proceedings on the appeal.
(9) If with respect to any article brought before it, the court does not order

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 forfeiture, the court may if it deems fit order the person on whose information
the warrant for the seizure of the article was issued, to pay such costs as the
court thinks reasonable to any person who has appeared before the court to
show cause why those articles should not be forfeited; and costs ordered to be
paid under this subsection shall be enforceable as a civil debt.
(10) For the purpose of this Section, the question whether an article is obscene shall
be determined on the assumption that copies of it would be published in any
manner likely, having regard to the circumstances in which it was found, but
in no other manner.
(11) Nothing in this Section shall be construed to preclude the making of any order
under the Ekiti State Administration of Criminal Justice Law, 2014, which
relates to disposal of property produced before a court.

Defence of public good.

170. (1) No person shall be convicted of an offence under Section 167 of this Law and
no order for forfeiture shall be made if it is proved that publication of the
article in question is justified as being for the public good on the ground that it
is in the interests of science, literature, art or learning, or of other objects of
general concern.
(2) No person shall be convicted of an offence under Section 168 of this Law if it
is proved that the giving of the performance in question was justified as being
for the public good on the ground that it was in the interests of drama, opera,
ballet or any other art, or of literature or learning.
(3) The opinion of experts as to the literary, artistic, scientific or other merits of an
article or a performance of a play may be admitted in any proceedings under
Sections 168 and 169 either to establish or to disprove the said ground.

Interpretation.
171. In this Chapter unless the context otherwise requires:
“article” means anything capable of being or likely to be looked at and read or looked
at or read, and includes any film, record of a picture or pictures, and any sound
records;
“distributes” includes circulates, lends, sells, lets on hire, displays or offers for sale
or on hire. “projects” in relation to an article to be looked at or heard includes shows
or plays or where the matter is data stored electronically, transmits that data or
forwards the data to another electronically

CHAPTER 19
Nuisances and other Offences Against Public Health.

Nuisances.
172. (1) Any person who:
(a) obstructs any highway, by any permanent work or erection on it or

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 damage to it, which renders it unusable to the public than it would
otherwise be;
(b) prevents the public from having access to any part of a highway by an
excessive and unreasonable use of it, or by so dealing with the land in
the immediate neighbourhood of the highway as to prevent the public
from using and enjoying it securely;
(c) does not repair a highway which he is bound to repair;
(d) does not repair a bridge which he is bound to repair;
(e) willfully diverts or obstructs the course of any navigable river so as to
appreciably diminish its convenience for purposes of navigation; or
(f) does any unlawful act, or omits to discharge any legal duty, which act
or omission obstructs or causes inconvenience or damage to the public
in the exercise of rights common to the public, is guilty of a
misdemeanour, and is liable to imprisonment for two years.
(2) It is immaterial whether the act complained of is convenient to a larger
number of the public than its inconveniences but the fact that the act
complained of facilitates the lawful exercise of their rights by a part of the
public, may show that it is not a nuisance to any part of the public.
(3) The owner of a vessel wrecked in a navigable river is not guilty of a common
nuisance for failure or refusal to remove it.

Exposing for sale things unfit for food or drink.

173. (1) Any person who sells as food or drink, or has in his possession with intent to
sell as food or drink, any article which is in a state unfit for food or drink,
knowing or having reason to believe or being negligent in ascertaining that
the same is unfit for food or drink is guilty of a misdemeanour, and is liable to
imprisonment for two years.

Adulteration of food or drink intended for sale

(2) Any person who adulterates any article of food or drink, so as to make such
article unfit for food or drink, intending to sell such article as food or drink, or
knowing it to be likely that the same will be sold as food or drink, is guilty of
a felony, and is liable to imprisonment for seven years.

Adulteration of products
(3) Any person who-
(a) adulterates any product including any manufactured or processed
product, so as to affect or change materially the quality, substance,
nature or efficacy, to affect or change materially the quality, substance,
nature or efficacy of such product, without notice to the purchaser or
knowing that the same will be sold as manufactured or processed
product, is guilty of a felony and liable to imprisonment for seven
years, or
(b) deals in, sells, offers for sale or otherwise exposes for sale, any product

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 including any manufactured or processed product which is not of the
quality, substance, nature or efficacy expected of the product or
preparation, which the seller represents it to be or has in any way been
rendered or has become noxious, dangerous or unfit, shall be guilty of
a felony and liable to imprisonment for seven years;
(4) Whenever any person is charged with committing any offence under
subsection(3) of this Section, it shall be a defence if he can establish that he
did not know or had no reason to know or believe that the product
manufactured or processed product has been adulterated or otherwise rendered
noxious, dangerous or unfit.
(5) In any trial for an offence under subsection (3) of this Section, the Court may
make such order as it deems fit for the purpose of making compensatory
award to the victim or purchaser of any adulterated product, manufactured or
processed product and it may order the forfeiture of the product concerned.

Dealing in diseased meat.

174. (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.
175. (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 Infectious diseases to animals.

176. Any person who willfully and unlawfully causes, or attempts to cause, any infectious

65
 disease to be communicated to animals or among any animal is guilty of a felony, and
is liable to imprisonment for seven years.

Burials in houses.
177. 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.

Misconduct with regard to corpses.

178. 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 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.
179. 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.

180. 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.
181. (1) The following persons -
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 (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.

182. Any person who, not being a person serving in any of the Armed Forces, the Police,
the Nigerian Security and Civil Defence Corps or any other security agency lawfully
established by Government, 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

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 PART IV
OFFENCES AGAINST THE PERSON, PROPERTY AND OFFENCES RELATING
TO PARENTAL RIGHTS AND DUTIES

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

Definition of assault.
183. (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.
184. (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.
185. 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.

186. 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.
187. 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;

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 (b) assaults, resists, or willfully 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.

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

Execution of sentence.
189. 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.
190. 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.
191. 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 arrestor 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 without jurisdiction.

192. A person who executes or assists in executing any sentence, or process, or warrant
which purports to be 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
69
 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.

193. (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.

194. 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 or arrest.

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

Peace officer preventing escape from arrest.

196. 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 maybe 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 of preventing escape from arrest.

197. (1) When a person who is not a Peace officer or police officer, is proceeding

70
 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.

198. (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.

199. 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.
200. 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.
201. 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.
202. (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 lose his power of self-control and induce him to do an act which
amounts to an offence.

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 (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 actor 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.
203. (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.

204. (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.

205. (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

72
 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.

206. (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
207. 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.

208. 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.
209. 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 property without claim of right.

210. When a person who is entitled by Law to the possession of movable property attempts
to take it from a person who is in possession of the property, but who neither claims

73
 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 person

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

212. 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, ward, employee, etc.

213. (1) Any application of force which does not result in grievous harm may be
justified for the purpose of 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,
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 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.

Medical abortion.
214. 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.
215. 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.

216. 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.

217. (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 subsection (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.

218. 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.

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 Duty of masters.
219. 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.

220. 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.

221. 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.

222. 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.

223. (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.

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 (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 misdemeanor and is liable to imprisonment for one year.

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

Definition of killing.
224. 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.

225. 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.

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

Death by acts done at childbirth.

227. 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.

228. 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.

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 Acceleration of death.
229. 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.

230. 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.

231. 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.
232. 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.
233. (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.

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

Involuntary Manslaughter.
235. A person who unlawfully kills another in circumstances which does not constitute
murder is guilty of manslaughter if he causes death-
(a) by an unlawful and dangerous act; or
(b) with gross negligence or reckless disregard for human life.

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 Voluntary manslaughter by provocation.
236. (1) A person who unlawfully kills another person is guilty of manslaughter if
death is caused by an act or 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 202 of
this Law shall apply.

Voluntary manslaughter by consent.

237. (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.

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

Diminished Responsibility.
239. (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.

240. Any person who commits the offence of man slaughter is liable to imprisonment for
life.

Attempt to Murder.
241. Any person who -
(a) attempts unlawfully to kill another; or
(b) 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.

242. Any person who becomes an accessory after the fact to murder is guilty of a felony,
and is liable to imprisonment for life.
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 Written threats to kill.
243. 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.
244. 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.
245. 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.

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

Killing unborn child.

247. 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.

248. 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.

249. 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 shall be sentence to death.

CHAPTER 24
Offences Endangering Life or Health.

Incapacitating in order to commit felony or misdemeanour.

250. 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
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 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.

251. 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.

Intentionally endangering safety of travelers

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

Maliciously administering poison with intent to harm.

253. 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.

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

Grievous Harm Substances.

255. 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.

256. 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.

257. (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.

258. (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.

259. 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.
260. (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

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 (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.

261. (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.

262. Subject to the provisions of Section 260, 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.

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 Landing Explosives.
263. (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.

264. 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.
265. (1) Any man who has 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.

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 Sexual Assault by Penetration.
266. 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.

Gang Rape.
267. Where a group of persons have sexual intercourse with a woman or a girl, without her
consent, the offenders are liable jointly to imprisonment for life

Attempt to commit rape and sexual assault by Penetration.

268. 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.
269. (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.
270. (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 activity without consent.

271. (1) Any person who causes another to engage in a sexual activity without that
other person’s consent is guilty of a felony 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.
272. (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

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 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.

Incest.
273. (1) Sexual relations between family members or close relatives including adopted
children.
(2) Any male person who has canal knowledge of a female person who is to his
knowledge his grand-daughter, daughter, sister or mother is guilty of a
misdemeanor and is liable to imprisonment for seven years.
(3) If the female person is under the age of eleven years, he is guilty of a felony
and liable to imprisonment for fourteen years.
(4) It is immaterial that the carnal knowledge was had with the consent of the
female person.
(5) If any male person attempts to commit any such offence as aforesaid is guilty
of a misdemeanor and liable to imprisonment for two years.
(6) Any female person of or above the age of sixteen years who with the consent
permits her grandfather, father, brother or son to have carnal knowledge of her
(knowing him to be her grandfather, father, brother or son, as the case may be)
is guilty of misdemeanor and liable to imprisonment for seven years.

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

Abduction.
275. 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 custody of Parents.

276. 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.

277. In the case of proceedings in respect of an offence under Section 273 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.

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 Sex offenders’ register.
278. (1) There shall be opened a sex offender register to be kept in the Office of the
Director of Public Prosecutions, Ministry of Justice, Ekiti State.

(2) Upon conviction for the offences of rape, defilement, incest, sexual abuse and
exploitation of a child and any other related offences, the Office of the
Attorney-General shall cause the:

(a) photographs of the convicted Sex Offender to be pasted in prominent

public places his/her community and Local Government Headquarters.
(b) issuance of an advisory to the Traditional Ruler of the Sex Offender’s
Community on the status of the Offender.
(c) photographs of the Sex offenders to be uploaded on the Website of the
Ministry of Justice, Ekiti State.
(d) photographs of the Sex Offender to be shown on Broadcasting Service of
Ekiti State and his / her name announced on Radio Stations in the State.
(e) sex Offender to undergo Compulsory Psychiatric Test for all persons of
whom the Director of Public Prosecutions has issued ‘A Case to Answer’
Legal Advice for the offence of Child Defilement, Sexual and
Exploitation of a child, incest and any other related offences.

CHAPTER 26
Offences against Liberty: Human Trafficking.
Offence of Kidnapping.
279. (1) Any person who: -
(a) Kidnaps or abducts or by any means of instilling fear, or tricks, takes
another person within the State or imports a hostage from anywhere else
into Ekiti State and with intent to demand ransom, or for what-ever,
reason, commits an offence under this Law and is liable to imprisonment
for life.
(b) Under pretence represents to the public or persons to have been
kidnapped or abducted commits an offence under this Law and is liable
to imprisonment for life without an option of fine.
(c) Kidnaps or abducts another person within the State, and with the
intention to compel another person, or the person so kidnapped to do or
abstain from doing an act against his or her will commits an offence
under this Law and is liable to imprisonment for life without an option of
fine.

Conspiracy/Attempt to Kidnap.
280. Any person who conspires, or attempts to kidnap or abduct any person within State
commits an offence under this Law and is liable to imprisonment for twenty years
without an option of fine.

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 Aiding, Arranging and Abetting.
281. Any person, who aids, arranges or abets the kidnap, abduction or seizure of any
person within the State or outside the State commits an offence under this Law and is
liable to life imprisonment without an option of fine.

Harbouring terrorist or hindering the arrest of a terrorist or terrorists.

282. Any Person who knowingly harbours, conceals or causes to be harboured or
concealed, hinders or interferes with the arrest of a person whom to his knowledge
has -
(a) committed or about to commits an act of terrorism;
(b) likely to commit an act of terrorism;
(c) is a member of a terrorist group;
(d) convicted for an act of terrorism but escape from punishment.

Commits an offence under this Law and is liable to imprisonment for twenty
years without an option of fine and such property shall be forfeited to the
State.

False Representation.
283. Any person who makes false representation to release an abducted or kidnapped
person, with the aim of implicating another by such representation commits and
offence under this Law and is liable to imprisonment for ten years without an option
of fine.

Death of a Kidnapped Person.

284. Where the life of a person kidnapped, abducted or seized is lost in the process, the
offender shall upon conviction be sentenced to death.

Proceeds of the Offence of Kidnapping.

285. Any ransom collected by a kidnapper or kidnappers from the relatives of a kidnapped
or abducted person shall be recovered in full to the relatives of the kidnapped person,
or forfeited to the State as the case may be.

Payment of Ransom for Kidnapped Persons.

286. (1) Payment of ransom of whatever nature for and on behalf of kidnapped persons
is hereby prohibited.
(2) It shall be an offence punishable with five years imprisonment without and
option of fine for any corporate body, persons or group of persons to pay any
ransom of whatever nature for and on behalf of any kidnapped person.

Deprivation of liberty.
287. Any person who unlawfully confines or detains of liberty of 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.

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 Compelling action by intimidation.
288. 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.

289. Any person who, with any of the intents mentioned in Section 288 of this Law
assaults any other person, is guilty of a felony, and liable to imprisonment for five
years.

Concealment of matters affecting liberty.

290. Any person who being required by Law to:
(a) 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
(b) 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:
(i) 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
(ii) 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.

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 Human Trafficking and Contemporary Slavery.
291. Any person who:
(a) 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;
(b) 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;
(c) 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;
(d) 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;
(e) 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;
(f) 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;
(g) 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;
(h) 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;
(i) whether or not a citizen of Nigeria, holds or possesses in the State, any person
as a slave or in servitude; or
(j) 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.
292. (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
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 claimed in good faith a right to the possession of the child.

Desertion of children.
293. Any person who being the parent, guardian or other person having the lawful care or
charge of a child, and being able to maintain such child, willfully 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.

294. (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 subsection (1) of this
Section, the court shall have regard to the means and resources available to
him.

PART V
OFFENCES RELATING TO PROPERTY AND CONTRACTS

CHAPTER 28
Stealing and like offences.

Definition of Stealing.
295. (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
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 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
of 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.

296. (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.
297. 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.

298. 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.

299. (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
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 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.

300. 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.

301. 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.

302. (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.
(b) Stealing after conviction - 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 fourteen years
imprisonment
(3) 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.
(4) Stealing from the person; stealing goods in transit, etc. - If the offence is
committed in any of the following circumstances—

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 (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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
(9) Stealing of motor vehicle or motorcycle -If the thing stolen is a motor vehicle

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 or motor cycle the offender is liable to imprisonment for seven years.

CHAPTER 29
Offence Similar to Stealing.

Concealing Registers.
303. 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.
304. 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.
305. 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.

306. 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 for two years.

Fraudulently dealing with minerals in mines.

307. 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.

308. Any person who obtains any stolen property outside the State and brings such
property to 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.

309. (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 subsection (1) of this Section includes any
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 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.

310. (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.
311. 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.

312. (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 fire arms 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 on conviction be sentenced to death.

Punishment for attempted robbery etc.

313. (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 fire arms or any offensive weapon or is in company of any other

96
 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 312 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.

314. Any person who conspires with any person to commit an offence under Section 312
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.

315. For the purposes of Sections 312, 313 and 314 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.

316. 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.

317. 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.
318. (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
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 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 –
(a) an offence for which the punishment of death or imprisonment for life
may be inflicted;
(b) any of the offences defined in Chapter 18 of this Law or an attempt to
commit any of such offences; or
(c) 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.

319. (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.

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 Procuring execution of deeds by threats.
320. 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.
321. (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.

322. 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.

323. (1) Any person who enters or is in the residence of another with intent to commit
99
 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.

324. 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 school house, 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.

325. Any person who breaks and enters a school house, 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
seven years.

Breaking into place of worship and committing felony.

326. 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.

327. (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 masked or 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.

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 CHAPTER 32
Obtaining Property by false pretences; Cheating.

Definition of False Pretence.

328. 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 Pretence.

329. (1) Any person who by any false pretence or 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 pretence or other fraud.

330. (1) Any person who by any false pretence or by means of 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) A person found committing the offence may be arrested without warrant.

Other Related Offences.

331. 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 wash in
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 anything whatsoever; is guilty of a felony and liable on conviction
to imprisonment for fifteen years.

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 Use of premises.
332. 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.
333. 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.

334. 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 that constitutes attempt was received by the person to whom
the false pretence was directed.

Possession of fraudulent document.

335. 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.

336. 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.

337. (1) Any person who with intent to defraud and with 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,

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 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.
338. (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.
339. (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 unauthorized 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
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 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.
(5) 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 Rights Law, Cap. C7, Laws
of Ekiti State, 2012.
(6) Where the offender is an employee of anybody concerned with the conduct of
examinations, ahead 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 anything 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.
340. (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 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.

341. Any person who, being a seller or mortgagor of any property or being the solicitor or
agent of any such seller or mortgagor, with intent to induce the purchaser or
mortgagee to accept the title offered or produced to him, and with intent to defraud—
(1) conceals from the purchaser or mortgagee any instrument material to the title,
or any encumbrance; or
(2) falsifies any pedigree on which the title depends or may depend; or
(3) makes any false statement as to the title offered or conceals any fact
material to it, is guilty of a felony and is liable to imprisonment for seven (7)
years.

Obtaining registration by false pretence.

342. Any person who willfully 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.

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

Receiving stolen or fraudulently obtained property.

343. (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 belonging to the Armed Forces and the Nigeria Police.
344. 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.

345. 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

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 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.

346. 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
she 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.
347. (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.

348. (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 3years.
(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.

349. (1) Any person who being a trustee of any property, destroys the property with
intent to defraud, or, within tent 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
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 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 a sin 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
(3) The offender cannot be arrested without warrant.
(4) The offender cannot be prosecuted for the same matter where civil
proceedings have already been initiated against him.

Directors and officers of companies fraudulently appropriating property or keeping

fraudulent accounts, or falsifying books or accounts.
350. Any person who –
(a) 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
(b) being a director, officer, or member of a company, does any of the following
acts with intent to defraud:
(i) 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
(ii) makes or is privy to making any false entry in any such book,
document or account; or
(iii) 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.
(iv) an offender cannot be arrested without a warrant.

False statements by officials of companies.

351. 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

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 to imprisonment for seven years.
(c) an offender under this Section cannot be arrested without warrant

Fraudulent false accounting.

352. 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.

353. 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.

354. (1) Any act which causes damage to public property or the property of another
and which is done without this 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

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 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 inoperative 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.
(8) Any person who commits an offence under this Section is guilty of a felony
and is liable to imprisonment for seven years.

Unlawful Interference with property.

355. 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.
356. Any person who willfully and unlawfully sets fire or causes fire to any of the
following:
(a) any building or structure whether completed or not;
(b) 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 including property used for private or personal gain.
(c) a mine, or the workings, fittings, or appliances of a mine;
(d) 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.

357. Any person who—
(a) attempts unlawfully to set fire to any property mentioned in Section 356 of
this Law or
(b) wilfully and unlawfully sets fire to anything which is so situated that any such
property mentioned in Section 356 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.
358. Any person who negligently causes fire to any of the things mentioned in Section 356
of this Law is guilty of a felony and is liable to imprisonment for seven years.

Threatening damage to property.

359. Any person who, knowing the contents of a writing, or other communication causes
another person to receive the writing or other communication threatening any
property mentioned in Section 356 is guilty of a felony and is liable to imprisonment
for seven years.

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 Obstructing and damaging roads, highways or railways.
360. 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.

361. (1) Any person who unlawfully converts to his use or the use of another any
public property is guilty of a misdemeanor 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.
362. Any person who willfully and unlawfully kills, maims, or, wounds, any animal is
guilty of a misdemeanor and is liable to imprisonment for two years.

Willful damage to property in general.

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

Special cases of willful damage to property.

364. (1) Any person who willfully and unlawfully destroys or damages any property in
any of the following circumstances is guilty of an offence, and liable to the
punishment provided if the property:
(a) is a public building, structure or a repository where public records are
kept;
(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

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 (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
imprisonment for fourteen years.
(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) (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
(d) 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 subsection (4) (c) (ii) of this Section includes mining, dredging,
or oil exploration interfering with signals used for purposes of navigation

Removing boundary marks with intent to defraud.

365. Any person who willfully 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.

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

366. Any person who -
(a) willfully 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;

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 (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) willfully removes, defaces or injures any mark erected by an intending
applicant or any lease, license or right under the Minerals Act; is
guilty of a misdemeanor 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.

Definition of sand dealing and dredging.

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

Unlawful sand dealing and dredging.

368. Any person who unlawfully engages in sand dealing or dredging in, or around
waterfront and embankments, along waterways and rivers 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.

Obstructing Railways.
369. 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.

370. Any person who
(a) willfully 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
(b) 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
(c) commits any nuisance or trespass in or on any land, buildings, or premises,
acquired for or belonging to any railway works; or

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 (d) willfully 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.

371. A person found committing any of the offences defined in this Chapter may be
arrested without warrant by a Police 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 VI
FORGERY AND ALLIED OFFENCES.

CHAPTER 36
Forgery in General: Definitions.

Definitions.
372. 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
373. (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;

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 (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
while documents or writings include electronic agreements, signatures and
seals.

Definition of forgery.
374. (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

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 false date, attestation, seal or other material matter or any other falsification or
forgery done electronically
(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.

375. 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.

376. (1) 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.
(2) Punishment in Special Cases Public seals, etc.- 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.
(3) 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

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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, ware housekeeper’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 authorizing, or purporting to authorize, either by endorsement or
by delivery, the possessor of the document to transfer or receive the
good represented by the document, or an endorse mentor 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

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 by Law;
(o) a register of births, baptisms, marriages, deaths, or burials, authorized
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 authorized 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
(y) 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.
(4) 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.

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 Using false documents and counterfeit seals.
377. (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 Ekiti State 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.

378. 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 or
dared to be revoked, cancelled, or suspended, or the operation of which has ceased by
efflux ion 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.

379. Any person who knowingly uses or deals with as and for a valid and unconcealed
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 documents by false pretences.

380. Any person who, by means of any false and fraudulent representation as to the nature,
contents, or operation, of a 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.

381. Any person who, with intent to defraud and –
(a) without lawful authority or excuse, makes, signs, or executes for or in the
name or on account of another person, whether by procreation or otherwise,
any document or writing; or
(b) 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

382. 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

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 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.

383. 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,
forged electronic bank transfers or forged electronic receipts 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.

384. 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 public 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.

385. 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.
386. 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 for forgery and counterfeiting.

387. (1) 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 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 electronically generated documents, 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.
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 (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.

388. (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 Section 387 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 Section 387; 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.

389. 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.

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 Paper and dye for postage stamps.
390. (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.
391. (1) Any person who, with intent to defraud another, falsely represents himself to
be some other person, living or dead, whether physically or electronically 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, recognizance’s etc.

392. 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 authorized
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.

393. 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 recognized by Law for any purpose, or to be the holder
of any office, or to been titled 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
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 imprisonment for seven years.

Lending certificate for impersonation.

394. 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.

395. 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.

396. 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 40
Fraudulent Debtors.

Fraudulent dealing with property by debtors.

397. 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 VII
CHAPTER 41
Miscellaneous offences.

Computer and electronic data misuse offences.

Unauthorised access to computer material.

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

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

399. (1) Any person who with intent to facilitate the commission of any offence
whether by himself or another person commits an offence under Section 398
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.

400. (1) Any person who knowingly does any act which causes an unauthorised
modification of the contents of any electronic device 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 electronic device with intent.

401. (1) Where a person commits an offence under Section 399
(a) impair the operation of any electronic device; or
(b) prevent or hinder access to any program or data held in any device; 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 device;
(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.

402. Where an offence is committed under Sections 398-401 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”

403. (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
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 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 aggravated offences.

404. Where a person is convicted of an offence under this Law and the Court is satisfied
that the offence was specially aggravated the shall 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.

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 CHAPTER 43
Cruelty to Animals.

Offences of Cruelty.
405. (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) willfully 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 bait 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
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 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.

406. When the owner of any animal is convicted of an offence of cruelty under Section 394
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.

407. (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.

408. (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.

PART VIII
Terrorism.

CHAPTER 44
Offences in relation to Terrorism.

Definition of Terrorism
409. “Terrorism” include -
(a) any person 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
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 may cause damage to property, natural resources, environment or cultural
heritage and is calculated or intended to -
(i) intimidate, put 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 adopt or abandon a particular
stand point, or to act according to certain principles; or
(ii) disrupt any public service, the delivery of any essential service
to the public or to create public emergency, or
(iii)create situation of breakdown of law and order in the state or

(b) Any promotion, sponsorship, contribution to, command, aid incitement,

encouragement, attempt, threat, conspiracy, organization or procurement of
any act referred to in paragraph (a) (i)(ii) and (iii) of this Section.

Offences Relating to Terrorism.

410. (1) Any person or body corporate who knowingly within or outside the State
directly or indirectly willingly –
(a) does, attempt or threatens any act of terrorism;
(b) commits an act preparatory to or in furtherance of an act of terrorism;
(c) omits to do anything that is reasonably necessary to prevent an act of
terrorism;
(d) assists or facilitate the activities of persons engaged in an act of
terrorism;
(e) participates as an accomplice in or contributes to the commission of
any act of terrorism.
(f) assists, facilitates, organizes or directs the activities of persons or
organizations engaged in any act of terrorism;
(g) incites, promises or induces any other person by any means whatsoever
to commit any act of terrorism under this law;
(h) a person willfully provides or collects by any means, directly or
indirectly, any money from any other person with the intent that the
money shall be used or with the knowledge that the money shall be
used to promote any act of terrorism.
(2) 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.
(3) Any person who commits an offence of terrorism under this law is liable upon
conviction to maximum of death sentence.

Membership of a Terrorist Group or Proscribed Organization.

411. (1) Any person who is a member or professes to be a member of a terrorist group,
commits an offence and is liable on conviction to twenty (20) years
imprisonment.

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 (2) It shall be a defence for a person charged with an offence under this Section to
prove that the entity in respect of which the charge is brought was not a
terrorist group at or on the date that he –
(a) became a member of that entity;
(b) professed to be a member of that entity; or
(c) has not taken part in the activities of the entity, after it became a
terrorist group.

Duties of Law Enforcement Agencies.

412. Subject to the provisions of this Law, the State command of each Law enforcement
agency available within the State shall have power to-
(a) investigate, arrest and provide evidence for the prosecution of offenders under
this Law or any other Law on terrorism in Nigeria.
(b) Seize, freeze, and seal up any property or premises for the purpose of
investigation, prosecution or recovery of any fund or property used in
connection with acts of terrorism.
(c) enforce all laws and regulations on threats of terrorism in the State.
(d) adopt measures to prevent and combat acts or terrorism in the State.
(e) facilitate the detection of any acts of terrorism in the State
(f) execute search warrant as granted by the courts authorizing its officers or any
other Law Enforcement Officer to enter into any premises, property, vehicles,
or any other place for the purpose of conducting searches in furtherance of its
duties under the Law.

Obstruction of any officer or Law Enforcement or Security Agency.

413. Any person who:

(a) Wilfully obstruct any authorized officer of a relevant enforcement or security

agency in the exercise of any power conferred on it by the Law;

(b) Fails to comply with any lawful enquiry or request of information, whenever
located, made by any authorized officer in the exercise of his duty in
accordance with the provisions of this Law.

commits an offence and is liable on conviction to imprisonment for a term not

less than five years.

State’s Support for Law Enforcement Agencies.

414. The state shall provide support to all relevant security, intelligence, Law enforcement
agencies to prevent and combat acts of terrorism within the State.

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 PART IX
Punishment for inchoate offences and interpretation.

CHAPTER 45
Punishment for attempts.

Attempts to procure commission of criminal acts.

415. (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.

416. (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.

417. 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.
418. (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 fulfillment being prevented by circumstances
independent of his will, he is liable to one-half only of the punishment to

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 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.

419. 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 seven years.

Neglect to prevent felony.

420. 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 46
Conspiracy.

Conspiracy to commit felony.

421. 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.

422. 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.
423. Any person who conspires with another to affect any of the following purposes -
(a) prevent or defeat the execution or enforcement of any Act or Law;
(b) cause any injury to the person or reputation of any person, or to depreciate the
value of any property of any person;
(c) prevent or obstruct the free and lawful disposition of any property by its owner
for its fair value; or
(d) injure any person in his trade or profession, is guilty of a misdemeanour, and
liable to imprisonment for two years.

Conspiracy in trade dispute.

424. (1) The provisions of Sections 421- 423 shall not apply to an agreement or
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 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 47
Accessories after the Fact.

Accessories after the fact to felonies.

425. Any person who becomes an accessory after the fact to 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.

426. 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.

427. 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 48
Interpretation.

Interpretation.
428. 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,

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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 Ekiti State;
“Commissioner” means the Commissioner for Justice Ekiti State or any person for
the time being charged with responsibility over the Ekiti 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) a Customary Court President 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;
“Educational institution” means a school, college, university, polytechnic or
institution for training of students;
“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;
“Gathering” includes assembly, ceremonies, rallies, political campaigns,
processions, demonstrations, meeting of secret cult and all other gatherings for the
purpose of promoting violence;
“Governing authority” means the Governing Council/Board, the Parent and
Teachers Association or any other authority in charge of any educational institution in
the state;
“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;

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“Harbouring” includes keeping, sheltering or otherwise protecting a person who has
committed an offence under the law;
“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;
“Indecent acts” means any such acts or words which can arouse a person sexually or
insult or offend the image of a person which includes touching, fondling, caressing,
grabbling, teasing, jokes, comments or any other such acts;
“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;
“Kidnap” or “Abduct” means the unlawful removal or exportation of a person from
a place where he or she is to another place from the vicinity where he or she is
found, or the unlawful confinement of a person in any place without his or her consent
with any of the following purposes or intention:- to hold for ransom or reward; or as a
shield or hostage; or to facilitate the commission of a felony; or to inflict bodily injury
on or terrorize the victim or another; or to interfere with performance of any
government or political function; to interfere with the person’s business or the
business of another.
“Law Enforcement Agencies” include – the Nigeria Military, the Nigeria Police, the
Nigeria immigration Services, Department of State Services, Nigerian Drug Law &
Enforcement Agency, Nigerian Security and Civil Defence Corps, Nigerian Prisons
Service, Nigerian Customs Service, Peace Corps of Nigeria, Federal Road Safety
Commission, Ekiti State Security Network Agency, and the registered and accredited
vigilante group.

“Act of terrorism” means an act which is deliberately done with malice, afterthought
and which is intended or can reasonably be regarded as having been intended to
unduly compel a government or international organisation to perform or to abstain
from performing any act, seriously intimidate a population, involves or caused as the
case may be

(i) May cause serious bodily harm or death;

(ii) Kidnapping of a person;
(iii) Destruction of government or public utility, a transport system, an
infrastructural facility, including an information system, a fixed planform
located on continental shelf.

“Knowingly” used in connection with any termed noting used or dealing or using,
implies knowledge of the character of the thing used or dealt with or used;
“Law of Ekiti State” means any written law in force in Ekiti State;
“Law” includes any order, rule of court, regulation or proclamation made under the
authority of such Law.

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“Law officer” means the Attorney- General and the Solicitor-General of Ekiti 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 Councilor 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;
“Offensive weapon” includes any firearm, explosive, ammunition, air gun, arm
pistol, bow and arrow, axe, cutlass, matchets, dagger, cudgel, metal, glass, acid or any
chemical substance capable of causing bodily harm or any article made or adapted for
use and intended by the person having it as an offensive weapon and any lethal
barreled weapon of any description from which any short, bullet or other missile can
be discharged;
“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
(i) any Peace Officer;

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 (ii) any person employed to execute any process of a court (including a
native tribunal);
(iii)all persons belonging to the military or police
forces of Nigeria;
(iv)all persons in the employ of any Government department;
(v) 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 solemnization 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;
(vi)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;
(vii) a person in the employ of a local authority;
(viii) 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;
“Place” includes any public way, private or public building, premises, stadium,
auditorium, hall, school compound to which any person is entitled or permitted to
have access either with or without any condition and any building or place which is
being used for the time for any private, public, or religious meeting or assembly or as
an open court;
“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

135
 (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;
“School” includes a university, College of Education, Polytechnics or Secondary
Schools;
“Secret cult” includes any organization, association, group or body of persons
(whether or not listed in the Schedule to this Law) whose membership meetings and
other activities are kept secret, and which promotes, causes or engages in killing or
injuring or encouraging the killing or injuring of any person destroying, or injuring or
encouraging the destruction of any property, or committing or inciting to acts of
violence or intimidation; or interfering with or resisting or encouraging interference
with or resistance to the administration of the law; or disturbing or encouraging the
disturbance of peace and order in any part of the state;
“Security agencies” includes the State Security Services, the National Drug Law
Enforcement Agency, the Directorate of Military intelligence, and the National
Intelligence Agency and “Security Agent” shall be construed accordingly;
“Statute” means a Statute which is applicable in any part of Nigeria;
“State” means Ekiti State of Nigeria;
“Student” includes any person registered for the purpose of learning in any
educational institution in the state.
“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;
“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;
“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.
429. The Following Laws are hereby repealed:
(a) The Criminal Code Law, Cap. C16, Laws of Ekiti State, 2012;
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(b) The Secret Cults (Abolition and Prohibition) Law, Cap. S2, Laws of Ekiti
State, 2012;
(c) The Secret Cults (Abolition and Prohibition) (First Amendment) Law, 2017;
and
(d) Sections 13 and 14 of Burials Law, Cap. B6, Laws of Ekiti State, 2012.

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 SCHEDULE TO CHAPTER 7
Sections 40-56
List of unlawful societies/Secret Cults
1. Agway
2. Airword
3. Amazon
4. Barracuda
5. Bas
6. Bees International
7. Black Axe: Neo-black Movement
8. Black Beret Fraternity
9. Black Brassere
10. Black Brotyers
11. Black Cats
12. Black Ladies
13. Black Ofaks
14. Black Sword
15. Blanchers
16. Big 20
17. Blood Suckers
18. Brotherhood of Blood
19. Buccanccers (Sea Lord)
20. Burkinafasi: Revolution Fraternity
21. Canary
22. Cappa Vendetto
23. Daughters of Jezebel
24. Mafia Lords
25. Malcom
26. Mgba-Mgba Brothers
27. Musketters Family
28. Neo-Black Movement
29. Dragons
30. Dreaded Friends of Friends
31. Eagle Club
32. Eiye or Air Lord Fraternity
33. Egbe Dudu
34. Executioner
35. Fangs
36. Fliers
37. Frigates
38. FF
39. Gentlemen’s Club
40. Green Beret Fraternity
41. Hard Candles

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42. Hepos
43. Hell Angels
44. Himalayas
45. Waltrus
46. Jaggare Confederation
47. King Cobra
48. Klam Confraternity
49. Klansman
50. Klulkux (KKK) Klan’knite Cadet
51. KKK Boys
52. Blood Hunters
53. Sea Vipers
54. Light Nlate
55. Mob Stab
56. Scorpion
57. National Association of Adventure
58. Nite Hawks
59. Nite Rovers
60. Osiri
61. Ostrich Fraternity
62. Panama pirate
63. Phoenix
64. Predators
65. Red Devils
66. Red Fishes
67. Red Sea Horse
68. Royal Queens
69. Seavemzers
70. Scorpions
71. Soko
72. Sunmen
73. Temple of Eden Fraternity
74. The Mafioso Fraternity
75. The Scorpion Fraternity
76. The Soiree Fraternity
77. The Odu Confraternity
78. Third Eye Confraternity
79. Thomas Sankara
80. Trajan Horse Fraternity
81. True Seekeers
82. The Vikings
83. Eipers
84. White Engenis Sailors
85. Lcelanders

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86. BA
87. Elegemface
88. Vultures
89. Day Well
90. Day Gbam
91. Royal House of Peace
92. Tikan Giants Confraternity
93. White Bishop
94. Dolphins
95. Vigilante Groups whose activities are similar to Secret Cult
96. Pink Ladies and any other related unlawful societies/ secret cult organisations.

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