PART 2

Part 2

 

Offences against Public Order

 

 

Chapter 6

 

Treason and certain other Offences

 

 

37. (1)Any person who levies war against the State, in order to intimidate or overawe the President or the Governor of a State, is guilty of treason, and is liable to the punishment of death.

 

2. Any person conspiring with any person, either within or without Nigeria, to levy war against the State with intent to cause such levying of war as would be treason if committed by a citizen of Nigeria, is guilty of treason and is liable to the punishment of death:

 

Provided that nothing in this section shall prevent any act from being treason which is so by the law of England as in form in Nigeria.

 

3. (Inserted by L.N. 112 of 1964 and deleted by L.N. 139 of 1965.)

 

38. Any person who instigates any foreigner to invade Nigeria with an armed force is guilty of treason, and is liable to the punishment of death.

 

39. (1)Where an offender who in the opinion of the court had not attained the age of seventeen years at the time the offence was committed has been found guilty of an offence against either section 37 or section 38 such offender shall not be sentenced to death but shall be ordered to be detained during the pleasure of the President and upon such an order being made the provisions of Part 44 of the Criminal Procedure Act shall apply.

 

2. Where a woman who has been convicted of an offence against either section 37 or section 38 alleges she is pregnant or where the judge before whom she is convicted considers it advisable to have inquiries made as to whether or not she be pregnant the procedure laid down in section 376 of the Criminal Procedure Act shall first be complied with.

 

41. Any person who-

 

1. becomes an accessory after the fact to treason; or

 

2. knowing that any person intends to commit treason, does not give information thereof with all reasonable despatch to the President or the Governor of the State or a peace officer, or use other reasonable endeavours to prevent the commission of the offence;

 

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

 

41. Any person who forms an intention to effect any of the following purposes, that is to say-

 

 

1. to remove during his term of office otherwise than by constitutional means the President as Head of State of the Federation and Commander-in-Chief of the armed forces thereof; or

 

2. to likewise remove during his term of office the Governor of a State; or

 

3. to levy war against Nigeria in order by force or constraint to compel the President to change his measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe any House of the National Assembly or any other Legislature or legislative authority; or

 

4. to instigate any foreigner to make any armed invasion of Nigeria or of any of the territories thereof; and manifests such intention by an overt act, is guilty of a felony and is liable to imprisonment for life.

 

A person charged with any of the felonies defined in this section is not entitled to he acquitted on the ground that any act proved to have been committed by him constitutes the offence of treason; but a person who has been tried, and convicted or acquitted, on a charge of any such offence cannot he afterwards prosecuted for treason in respect of the same facts.

 

42. Any person who, without lawful authority, carries on, or makes preparation for carrying on, or aids in or advises the carrying on of, or preparation for, any war or warlike undertaking with, for, by, or against, any traditional chief, or with, for, by, or against any band of citizens, is guilty of a felony, and is liable to imprisonment for life.

 

43. A person cannot be tried for treason, or for any of the felonies defined in the three last preceding sections, unless the prosecution is commenced within two years after the offence is committed.

 

44. Any person who advisedly attempts to effect any of the following purposes, that is to say-

 

1. to seduce any person serving in any of the armed forces of Nigeria or any member of the police force from his duty and allegiance; or

 

2. to incite any such persons to commit an act of mutiny or any traitorous or mutinous act; or

 

3. to incite any such persons to make or endeavour to make a mutinous assembly;

 

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

 

45. Any person who-

 

1. aids, abets, or is accessory to, any act of mutiny by; or

 

2. incites to sedition or to disobedience to any lawful order given by a superior officer,

 

any warrant or other officer below commissioned rank and others inferior in rank to them and by whatever name described in any of the armed forces of Nigeria or any police officer, is guilty of a misdemeanour, and is liable to imprisonment for two years and to a fine of four hundred naira.

 

46. Any person who, by any means whatever, directly or indirectly-

 

1. procures or persuades or attempts to procure or persuade to desert; or

 

2. aids, abets, or is accessory to the desertion of; or

 

3. having reason to believe he is a deserter, habours or aids in concealing

 

any warrant or other officer below commissioned rank and others inferior in rank to them and by whatever name described in any of the said armed forces, or any police officer, is guilty of a misdemeanour, and is liable to imprisonment for six months and to a fine of one hundred naira.

 

 

 

46A. (1)        Any person who, by any means whatever, causes or attempts to cause, or does any act calculated to cause disaffection amongst persons serving as-

 

1. members o the armed forces of Nigeria;

 

2. police officers; or

 

3. prison officers,

 

or does any act calculated to induce any person serving as aforesaid to hold his services or to commit breaches of discipline, shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding six hundred naira or to both such imprisonment and fine and, if a police officer or prison officer, shall forfeit all pension rights and be disqualified for being a police officer or prison officer as the case may be.

 

2. In this section, the expression "prison officer" has the same meaning as in subsection (1) of section 10 of the Prisons Act.

 

47. A person who has been tried, and convicted or acquitted, on a charge of any of the offences defined in sections 44 and 45 of this Code, cannot be afterwards prosecuted for any other offence defined in this Chapter in respect of the same facts.

 

48. Any person who-

 

1. knowingly and advisedly aids an alien enemy of Nigeria, being a prisoner of war in Nigeria, whether such prisoner is confined in a prison or elsewhere, or is suffered to be at large on his parole, to escape from his prison or place of confinement, or, if he is at large on his parole, to escape from Nigeria, is guilty of a felony, and is liable to imprisonment for life;

 

2. negligently and unlawfully permits the escape of any such person as is mentioned in the last preceding subsection is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

49. In the case of any of the offences defined in this Chapter, when the manifestation by an overt act of an intention to effect any purpose is an element of the offence, every act of conspiring with any person to effect that purpose, and every act done in furtherance of the purpose by any of the persons conspiring, is deemed to be an overt act manifesting the intention.

 

 

Chapter 6A

 

Treachery

 

 

49A. (1)        If, with intent to help the enemy in any war in which Nigeria may be engaged, any person does, or attempts to do, any act which is designed or likely to give assistance to the naval, military or air operations of the enemy, to impede such operations of the armed forces of Nigeria, or to endanger life, he shall be guilty of felony and shall on conviction suffer death.

 

2. No prosecution in respect of any offence against this section shall be instituted except by, or with the consent of, the Attorney-General or Solicitor-General of the Federation:

 

Provided that this subsection shall not prevent the arrest, or the issue or the execution of a warrant for the arrest, of any person in respect of any offence, or the remanding, in custody or on bail, of any person charged with such an offence notwithstanding that the consent of the Attorney- General or Solicitor-General of the Federation to the institution of a prosecution for the offence has not been obtained.

 

49B. (1)        Notwithstanding any rule of law or practice, charges for any offences, except treason, may be joined with a charge for any offence against the preceding section in the same charge or information,

 

 

if those charges are founded on the same facts, or form, or are a part of, a series of offences of the same or a similar character.

 

2. A person charged with an offence against this Chapter who is in Nigeria may, whether or not the offence was committed in Nigeria or in any Nigerian ship or aircraft, be taken in custody to any place in Nigeria, and may be proceeded against, charged, tried and punished in any place in Nigeria, as if the offence had been committed in that part of Nigeria, and for all purposes incidental to or consequential on the trial or punishment of the offence it shall be deemed to have been committed in that part of Nigeria.

 

49C.        The provisions of this Chapter shall apply to anything done by any person in Nigeria.

 

 

 

Chapter 7

 

Sedition and the Importation of Seditious or Undesirable Publications

 

 

50. (1)In this Chapter unless the context otherwise requires- "import" includes-

 

1. to bring into Nigeria; and

 

2. to bring within the inland waters of Nigeria whether or not the publication is brought ashore, and whether or not there is an intention to bring the same ashore;

 

"periodical publication" includes every publication issued periodically or in parts or numbers at intervals whether regular or irregular;

 

"publication" includes all written or printed matter and everything, whether of a nature similar to written or printed matter or not, containing any visible representation, or by its form, shape, or in any manner capable of suggesting words or ideas, and every copy and reproduction of any publication;

 

"seditious publication" means a publication having a seditious intention; "seditious words" means words having a seditious intention.

 

2. A "seditious intention" is an intention-

 

1. to bring into hatred or contempt or excite disaffection against the person of the President or of the Governor of a State or the Government of the Federation; or

 

2. to excite the citizens or other inhabitants of Nigeria to attempt to procure the alteration, otherwise than by lawful means, of any other matter in Nigeria as by law established; or

 

3. to raise discontent or disaffection amongst the citizens or other inhabitants of Nigeria; or

 

4. to promote feelings of ill-will and hostility between different classes of the population of Nigeria.

 

But an act, speech or publication is not seditious by reason only that it intends-

 

1. to show that the President or the Governor of a State has been misled or mistaken in any measure in the Federation or a State, as the case may be; or

 

2. to point out errors or defects in the Government or constitution of Nigeria, or of any State thereof, as by law established or in legislation or in the administration of justice with a view to the remedying of such errors or defects; or

 

3. to persuade the citizens or other inhabitants of Nigeria to attempt to procure by lawful means the alteration of any matter in Nigeria as by law established; or

 

 

 

4. to point out, with a view to their removal, any matters which are producing or have a tendency to produce feelings of ill-will and enmity between different classes of the population of Nigeria.

 

3. In determining whether the intention with which any act was done, any words were spoken, or any document was published, was or was not seditious, every person shall be deemed to intend the consequences which would naturally follow from his conduct at the time and under the circumstances in which he so conducted himself.

 

51. (1)Any person who-

 

1. does or attempts to do, or makes any preparation to do, or conspires with any person to do, any act with a seditious intention;

 

2. utters any seditious words;

 

3. prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication;

 

4. imports any seditious publication, unless he has no reason to believe that it is seditious;

 

shall be guilty of an offence and liable on conviction for a first offence to imprisonment for two years or to a fine of two hundred naira or to both such imprisonment and fine and for a subsequent offence to imprisonment for three years and any seditious publication shall he forfeited to the State.

 

2. Any person who without lawful excuse has in his possession any seditious publication shall be guilty of an offence and liable on conviction, for a first offence to imprisonment for one year or to a fine of one hundred naira or to both such imprisonment and fine, and for a subsequent offence to imprisonment for two years; and such publication shall be forfeited to the State.

 

52. (1)No prosecution for an offence under section 51 shall be begun except within six months after the offence is committed.

 

2. A person shall not be prosecuted for an offence under section 51 without the written consent of the Attorney-General of the Federation or of the State concerned.

 

3. No person shall be convicted of an offence under paragraph (b) of subsection (1) of section 51 on the uncorroborated testimony of one witness.

 

53. Any person who--

 

1. 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

 

2. takes any such oath or engagement, not being compelled to do so;

 

or

 

3. attempts to induce any person to take any such oath or engagement; is guilty of a felony, and is liable to imprisonment for life.

 

54. Any person who-

 

1. 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 ways following, that is to say-

 

 

1. to engage in mutinous or seditious enterprise;

 

2. to commit any offence not punishable with death, other than a simple offence;

 

3. to disturb the public peace;

 

4. to be of any association, society, or confederacy, formed for the purpose of doing any such acts as aforesaid;

 

5. not to inform or give evidence against any associate, confederate, or other person;

 

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

 

2. takes any such oath or engagement, not being compelled to do so; or

 

3. attempts to induce any person to take any such oath or engagement; is guilty of a felony, and is liable to imprisonment for seven years.

 

55. A person who takes any such oath or engagement as is mentioned in the two last preceding sections shall not set up as a defence that he was compelled to do so, unless within fourteen days after taking, 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 some peace officer, or, if he is on actual service in the armed forces of Nigeria, or in the police forces, either by such information or by information to. his commanding officer, the whole of what he knows concerning the matter, including the person or persons by whom and in whose presence, and the place where, and the time when, the oath or engagement was administered or taken.

 

56. A person who has been tried, and convicted or acquitted, on a charge of any of the offences herein before in this Chapter defined, shall not be afterwards prosecuted upon the same facts for the offence of treason, or for the offence of failing, when he knows that any person intends to commit treason, to give information thereof with all reasonable despatch to a peace officer, or use other reasonable endeavours to prevent the commission of the offence.

 

57. (1)Any person who--

 

1. without the permission of the President or of the Governor of the State concerned trains or drills any other person to the use of arms or the practice of military exercises, movements, or evolutions; or

 

2. is present at any meeting or assembly of persons, held without the permission of the President or of the Governor of the State concerned, for the purpose of training or drilling any other persons to the use of arms or the, practice of military exercises, movements, or evolutions; is guilty of a felony, and is liable to imprisonment for seven years.

 

1. Any person who at any meeting or assembly held without the permission of the President or of the Governor of the State concerned is trained or drilled to the use of arms or the practice of military exercises, movements, or evolutions or who is present at any such meeting or assembly for the purpose of being so trained or drilled, is guilty of a misdemeanour and is liable to imprisonment for two years.

 

The offender may be arrested without warrant.

 

3. A prosecution for any of the offences defined in this section shall be begun within six months after the offence is committed.

 

 

58. (1)If the appropriate Minister is of opinion that the importation of any publication or series of publications would be contrary to the public interest he may by order prohibit the importation of such publication or series of publications.

 

2. If the appropriate Minister is of opinion that it would be in the public interest to do so he may by order prohibit the importation of all publications published by or on behalf of any organisation or association of persons specified in the order.

 

3. An order made under the provisions of subsection (1) of this section shall, unless a contrary intention is expressed therein, have effect-

 

1. with respect to all subsequent issues of such publication; and (b) not only with respect to any publication under the name specified in relation thereto in the order, but also with respect to any publication published under any other name if the publishing thereof is in any respect in continuation of, or in substitution for, the publishing of the publication named in the order.

 

4. An order made under the provisions of subsection (2) of this section shall, unless a contrary intention is expressed therein, have effect not only with respect to all publications published by or on behalf of the organisation or association of persons named therein before the date of the order but also with respect to all publications so published on or after such date.

 

5. An order made under the provisions of subsection (1) or subsection (2) of this section shall, unless a contrary intention is expressed therein, apply to any translation into any language whatsoever of the publication specified in the order.

 

6. Any person who imports, publishes, sells, offers for sale, distributes or reproduces any publication, the importation of which has been prohibited under subsection (1) or subsection (2), or any extract there from, shall be guilty of an offence and liable, on conviction, for a first offence to imprisonment for two years or to a fine of two hundred naira or to both such imprisonment and fine and for a subsequent offence to imprisonment for three years; and such publication or extract therefrom shall he forfeited to the State.

 

7. Any person who without lawful excuse has in his possession any publication the importation of which has been prohibited under sub-section (1) or subsection (2), or any extract therefrom, shall he guilty of an offence and liable, on conviction, for a first offence to imprisonment for one year or to a fine of one hundred naira or to both such imprisonment and fine, and for a subsequent offence to imprisonment for two years; and such publication or extract therefrom shall be forfeited to the State.

 

8. (a) Any person to whom any publication the importation of which has been prohibited under subsection (1) or subsection (2) or any extract therefrom, is sent without his knowledge or privity or in response to a request made before the prohibition of the importation of such publication came into effect, or who has such a publication or extract therefrom in his possession at the time when the prohibition of its importation comes into effect, shall forthwith if or as soon as the nature of its contents has become known to him, or in the case of a publication or extract therefrom coming into the possession of such person before an order prohibiting its importation has been made, forthwith upon the coming into effect of an order prohibiting the importation of such publication deliver such publication or extract therefrom to the officer in charge of the nearest police station or to the nearest administrative officer, and in default thereof shall he guilty of an offence and liable, on conviction, to imprisonment for one year or to a fine of one hundred naira or to both such imprisonment and fine; and such publication or extract therefrom shall be forfeited to the State.

 

2. A person who complies with the provisions of paragraph (a) of this subsection or is convicted of an offence under that subsection shall not be liable to be convicted for having imported or having in his possession the same publication or extract therefrom.

 

9. (a)Any of the following officers, that is to say-

 

9. any officer of the Nigerian Postal Services Department not below the rank of assistant surveyor;

 

 

 

2. any officer of the Customs and Excise Department not below the rank of collector;

 

3. any police officer not below the rank of assistant superintendent of police;

 

4. any other official authorised in that behalf by the President, may detain, open and examine any package or article which he suspects to contain any publication or extract therefrom which it is an offence under the provisions of subsection (6) to import, publish, sell, offer for sale, distribute, reproduce or possess, and during such examination may detain any person importing, distributing, or posting such package or article or in whose possession such package or article is found.

 

2. If any such publication or extract therefrom is found in such package or article, the whole package or article may be impounded and retained by the officer and the person importing, distributing, or posting it, or in whose possession it is found, may forthwith be arrested and proceeded against for the commission of an offence under subsection (6) or subsection (8) as the case may be

 

59. (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 shall be guilty of a misdemeanour and liable, on conviction, to imprisonment for three years.

 

2. It shall be no defence to a charge under the last preceding subsection 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 publication, he took reasonable measures to verify the accuracy of such statement, rumour or report.

 

60. Any person who, without such justification or excuse as would be sufficient in the case of the defamation of a private person, publishes anything intended to be read, or any sign or visible representation, tending to expose to hatred or contempt in the estimation of the people of any foreign State any person exercising sovereign authority over that State is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

 

 

Chapter 8

 

Offences against the Executive and Legislative Power

 

 

61. Any person who advisedly does any unlawful act calculated to interfere with the free exercise by the President or a Governor of the duties or authority of his office or with the free exercise by a member of the National Council of Ministers, or a State Executive Council of his duties as such member is guilty of a felony, and is liable to imprisonment for three years.

 

The offender cannot be arrested without warrant.

 

A prosecution for an offence under this section shall not be instituted except by or with the consent of a law officer.

 

Chapter 9

 

Unlawful Societies

 

 

62. (1)A society includes any combination of ten or more persons whether the society be known by any name or not.

 

2. A society is an unlawful society-

 

1. if formed for any of the following purposes-

 

 

 

1. levying war or encouraging or assisting any person to levy war on the Government or the inhabitants of any part of Nigeria; or

 

2. killing or injuring or encouraging the killing or injuring of any person; or

 

3. destroying or injuring or encouraging the destruction or injuring of any property; or

 

4. subverting or promoting the subversion of the Government or of its officials; or

 

5. committing or inciting to acts of violence or intimidation; or (f) interfering with, or resisting, or encouraging interference with or resistance to the administration of the law; or

 

7. disturbing or encouraging the disturbance of peace and order in any part of Nigeria; or

 

2. if declared by an order of the President to be a society dangerous to the good government of Nigeria or of any part thereof.

 

62A.        Without prejudice to the provisions of section 62, a society is an unlawful society if it is declared by an order of the National Council of Ministers to be a society dangerous to the good government of Nigeria Or of any part thereof, and for such purpose the consent of the Attorney-General of the Federation referred to in section 65 shall he construed as a reference to the consent of the Attorney-General of the State.

 

63. Any person who manages or assists in the management of an unlawful society is guilty of a felony and is liable to imprisonment for seven years.

 

64. Any person who-

 

1. is a member of an unlawful society; or

 

2. knowingly allows a meeting of an unlawful society, or of members of an unlawful society, to be held in any house, building, or place belonging to, or occupied by, him or over which he has control, is guilty of a felony and is liable to imprisonment for three years.

 

65. (1)A prosecution for an offence under the two last preceding sections shall not be instituted except with the consent of the Attorney-General of the Federation:

 

Provided that a person charged with such an offence may be arrested, or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General of the Federation to the institution of a prosecution for the offence has not been obtained, but no further or other proceedings shall be taken until that consent has been obtained.

 

2. In any prosecution for an offence under the two last preceding sections it shall not be necessary to prove that the society consisted of ten or more members; but it shall he sufficient to prove the existence of a combination of persons, and the onus shall then rest with the accused to prove that the number of members of such combination did not amount to ten.

 

3. Any person who attends a meeting of an unlawful society shall be presumed, until and unless the contrary is proved, to be a member of the society.

 

4. Any person who has in his possession or custody or under his control any of the insignia, banners, arms, books, papers, documents, or other property belonging to an unlawful society, or wears any of the insignia or is marked with any mark of the society, shall be presumed, unless and until the contrary is proved, to be a member of the society.

 

66. Any peace officer, and any police officer authorised in writing by a peace officer, may enter with or without assistance any house or building or into any place in which he has reason to believe that a meeting of an unlawful society, or of persons who are members of an unlawful society, is being held,

 

 

and to arrest or cause to be arrested all persons found therein and to search such house, building, or place, and seize or cause to be seized all insignia, banners, arms, books, papers, documents and other property which he may have reasonable cause to believe to belong to any unlawful society or to be in any way connected with the purpose of the meeting.

 

67. (1)When a society is declared to be an unlawful society by an order of the President, the following consequences shall ensue-

 

1. the property of the society within Nigeria shall forthwith vest in an officer appointed by the President;

 

2. the officer appointed by the President shall proceed to wind up the affairs of the society, and, after satisfying and providing for all debts and liabilities of the society and the costs of the winding up, if there shall then be any surplus assets, shall prepare and submit to the President a scheme for the application of such surplus assets;

 

3. such scheme, when submitted for approval, may be amended by the President in such way as he shall think proper in the circumstances of the case;

 

4. the approval of the President to such scheme shall be denoted by the endorsement thereon of a memorandum of such approval signed by the President, and, upon this being done, the surplus assets, the subject of the scheme, shall be held by such officer upon the terms and to the purposes thereby prescribed;

 

5. for the purpose of the winding up, the officer appointed by the President shall have all the powers vested in a magistrate for the purpose of the discovering of the property of a debtor and the realisation thereof.

 

1. The President may, for the purpose of enabling a society to wind up its own affairs, suspend the operation of this section for such period as to him shall seem expedient.

 

2. The provisions of subsection (1) shall not apply to any property seized at any time under section 66.

 

68. Subject to the provisions of the last preceding section, the insignia, banners, arms, books, papers, documents and other property belonging to an unlawful society shall be forfeited to the State, and shall be dealt with in such manner as the President may direct.

 

 

Chapter 10

 

Unlawful Assemblies: Breaches of the Peace

 

 

69. 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 neighbourhood to fear on reasonable grounds that the persons so assembled will tumultuously disturb the peace, or will by such assembly needlessly and without any reasonable occasion provoke other persons tumultuously to disturb the peace, they are an unlawful assembly.

 

It is immaterial that the original assembling was lawful if, being assembled, they conduct themselves with a common purpose in such a manner as aforesaid.

 

An assembly of three or more persons who assemble for the purpose of protecting any house against persons threatening to break and enter the house in order to commit a felony or misdemeanour therein is not an unlawful assembly.

 

When an unlawful assembly has begun to act in so tumultuous a manner as to disturb the peace, the assembly is called a riot, and the persons assembled are said to be riotously assembled.

 

 

70. Any person who takes part in an unlawful assembly is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

71. Any person who takes part in a riot is guilty of a felony, and is liable to imprisonment for three years.

 

72. Any magistrate or, in his absence, any police officer, of or above the rank of assistant superintendent, or any commissioned officer in the Naval, Military or Air Forces of Nigeria in whose view a riot is being committed, or who apprehends 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 Federal Republic in such form as he thinks fit, commanding the rioters or persons so assembled to disperse peaceably.

 

73. If upon the expiration of a reasonable time after such proclamation made, or after the making of such proclamation has been prevented by force, twelve or more persons continue riotously assembled together, any person authorised to make proclamation, or any police officer, or any other person acting in aid of such person or police officer, may do all things necessary for dispersing the persons so continuing assembled, or for apprehending them or any of them, and, if any person makes resistance, may use all such force as is reasonably necessary for overcoming such resistance, and shall not be liable in any criminal or civil proceeding for having, by the use of such force, caused harm or death to any person.

 

74. 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 from the 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.

 

75. Any person who forcibly prevents or obstructs the making of such proclamation as is in the last section mentioned, is guilty of a felony, and is liable to imprisonment for ten years; and if the making of the proclamation is so prevented, every person who, knowing that it has been so prevented, takes or continues to take part in the riot or assembly, is liable to imprisonment for five years.

 

76. Any persons who, being riotously assembled together, unlawfully pull down or destroy, or begin to pull down or destroy any building, railway, machinery or structures are guilty of a felony and each of them is liable to imprisonment for life.

 

77. Any persons who, being riotously assembled together, unlawfully damage any of the things in the last preceding section mentioned, are guilty of a felony, and each of them is liable to imprisonment for seven years.

 

78. Any persons who assemble together to the number of three or more, armed with firearms, bows and arrows, spears, swords, knives, or other dangerous or offensive weapons, in order to effect or aid in effecting any of the following purposes-

 

1. the unlawful shipping, unshipping, loading, moving, or carrying away of any goods the importation of which is prohibited, or any goods liable to customs duties, which duties have not been paid or secured;

 

2. the rescuing or taking of any such goods from any person authorised to seize them, or from any person employed by him, or assisting him, or from any place where any such person has put them;

 

3. the rescuing of any person who has been arrested on a charge of any offence relating to the customs;

 

4. the prevention of the arrest of any person guilty of any such offence, or of any person aiding in effecting any of the purposes in this section mentioned;

 

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

 

79. Any persons who are found assembled together, to the number of six or more, having with them any goods liable to forfeiture under any law relating to the customs, and carrying firearms, bows and arrows,

 

 

spears, swords, knives, or other dangerous or offensive weapons, or disguised, are guilty of a felony, and each of them is liable to imprisonment for seven years.

 

80. Any person who goes armed in public without lawful occasion in such a manner as to cause terror to any person is guilty of a misdemeanour, and is liable to imprisonment for two years, and his arms may be forfeited.

 

81. Any person who, in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace, enters on land which is in actual and peaceable possession of another is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

It is immaterial whether he is entitled to enter on the land or not.

 

82. Any person who, being in actual possession of land without colour 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 misdemeanour, and is liable to imprisonment for one year.

 

83. Any person who takes part in a fight in a public place is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

84. 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 felony, and is liable to imprisonment for three years.

 

85. Any person who fights in a prize fight, or subscribes to or promotes a prize fight, is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

86. Any person who-

 

1. with intent to intimidate or annoy any person, threatens to break or injure a dwelling-house; or

 

2. with intent to alarm any person in a dwelling-house, discharges loaded firearms or commits any other breach of the peace; is guilty of a misdemeanour, and is liable to imprisonment for one year. If the offence is committed in the night the offender is guilty of a felony, and is liable to imprisonment for three years.

 

87. Any persons who assemble together, to the number of three or more, for the purpose of unshipping, carrying or concealing, any goods subject to customs duty and liable to forfeiture under any law relating to the customs, are guilty of a misdemeanour, and each of them is liable to a fine not exceeding two hundred naira or to imprisonment for six months.

 

88. (1)Any persons who assemble together, to the number of three or more, under any of the following circumstances-

 

1. bearing or wearing or having amongst them any firearms, bows and arrows, spear, sword, knife, or other offensive weapon; or

 

2. publicly exhibiting any banner, emblem, Mg, or symbol, the displaying of which is calculated to promote animosity between persons of different religious faiths or different factions, or

 

3. being accompanied by any music, beating of drums, or other noise calculated to promote such animosity;

 

and, being so assembled, join in any parade or procession for the purpose of celebrating or commemorating any festival, anniversary, or event, relating to or connected with any religious or other distinction or difference between persons residing in Nigeria or of demonstrating any such religious or other distinction or difference, are guilty of an offence;

 

and each of them is liable to imprisonment for one month.

 

 

 

If the offender is himself bearing or wearing firearms, a bow and arrows, spear, sword, knife, or any other offensive weapon, he is liable to imprisonment for six months.

 

When three or more persons are so assembled together it is the duty of a peace officer to make or cause to be made, a command in the name of the President, in such words as he thinks fit, to the persons assembled to disperse peaceably.

 

Any persons who, being so assembled, continue together to the number of three or more, and do not disperse themselves within the space of a quarter of an hour after the giving of the command are guilty of an offence, and each of them is liable to imprisonment for three years.

 

3. A judicial officer may issue a warrant in the first instance for the arrest of any such offender, either on the oath of a credible person or on his own view.

 

88A.  (1)        Any person who-

 

1. 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; or

 

2. 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

 

3. sings songs, plays any instrument or recording of sounds, or sells, lends, or lets on hire any record of sounds, the words of which are likely to provoke any section of the Community,

 

shall be guilty of an offence for which he may he arrested without warrant by any police officer or member of the armed forces in uniform, and upon conviction shall be liable to a fine of one hundred naira or to imprisonment for a term of three months, or to both; and the court convicting may order confiscation of any material (including records) used for purposes contemplated by this section, and of any instrument used in connection therewith.

 

2. Where any person is subsequently convicted of the like or any other offence under this section, the penalty shall be the maximum prescribed for the offence.

 

3. It shall be a defence to any person charged under this section with selling, lending or letting on hire of any record that after reasonable inquiry was made by him before the sale, lending or hiring out as the case may be, (the proof of which inquiry shall lie upon the person charged with the offence), he was unaware of the possibility that it might be used for purposes mentioned in subsection (1) above, and thereafter withdrew the record from sale or recalled any record lent or hired out by him.

 

4. This section shall have effect notwithstanding any other penalty, which may be prescribed for an offence of a similar nature in any criminal code or penal code in force in Nigeria.

 

5. In this section unless the context otherwise requires-

 

"pictorial representation" includes any photograph, and any plate or film, positive or negative;

 

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 or from time to time thereafter, and includes the matrix, and cognate expressions shall have the like meaning;

 

sounds" includes speech and mere noise.