PART 3

Part 3

 

Offences against the Administration of Law and Justice and against Public Authority

 

 

Chapter 11

 

Disclosure of 0fficial Secrets and Abstracting Document

 

 

89. to 96 inclusive. (Deleted by No. 31 of 1941.)

 

97. (1)Any person who, being employed in the public service, 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 which 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.

 

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

 

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

 

 

 

Chapter 12

 

Corruption and Abuse of Office

 

 

98. (1)Any public official (as defined in section 98D) who-

 

1. corruptly asks for, receives or obtains any property or benefit of any kind for himself or any other person; or bribes, etc.,

 

2. corruptly agrees or attempts to receive or obtain any property or benefit of any kind for himself or any other person, on account of-

 

1. anything already, done or omitted, or any favour or disfavour 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

 

2. anything to be afterwards done or omitted, or any favour or disfavour to be afterwards shown to any person, by himself in the discharge of his official duties or in relation to any such matter as aforesaid, is guilty of the felony of official corruption and is liable to imprisonment for seven years.

 

1. If in any proceedings for an offence under this section it is proved that any property or benefit of any kind, or any promise thereof, was received by a public official, or by some other person at the instance of a public official, from a person-

 

9. holding, or seeking to obtain, a contract, licence or permit from a Government department, public body or other organisation or institution in which that public official is serving as such, or

 

2. 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, he deemed to have been received corruptly on account of such a past or future act, omission, favour or disfavour as is mentioned in subsection (1)(i) or (ii).

 

3. In any proceedings for an offence under this section to which subsection (1)(ii) is relevant it shall not be a defence to show that the accused-

 

1. did not subsequently do, make or show the act, omission, favour or disfavour in question; or

 

2. 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-

 

3. the arrest, detention or prosecution of any person for an alleged offence; or

 

4. an ommission to arrest, detain or prosecute any person for an alleged offence; or

 

5. the investigation of an alleged offence,

 

it shall not be necessary to prove that the accused believed that the offence mentioned in paragraph (a), (b),or (c), or any other offence, had been committed.

 

98A. (1)        Any person who- Official corruption: person giving bribes, etc., on account of actions of public Official.

 

1. corruptly gives, confers or procures any property or benefit of any kind to, on or for a public official (as defined in section 98D) or to, on or for any other person; or 1966 No. 84.

 

2. corruptly promises or offers to give or confer or to procure or attempt to procure any property or benefit of any kind to, on or for a public official or to, on or for any other person,

 

on account of any such act, omission, favour or disfavour on the part of the public official as is mentioned in section 98(1)(i) or (ii), is guilty of the felony of official corruption and is liable to imprisonment for 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 thereof, was given to a public official, or to some other person at the instance of a public official, by a person-

 

1. holding, or seeking to obtain, a contract, licence or permit from a Government department, public body or other organisation or institution in which that public official is serving as such, or

 

2. 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 given corruptly on account of such a past or future act, omission, favour or disfavour as is mentioned in section 98(1)(i) or (ii).

 

98B.  (1)        Any person who--

 

1. corruptly asks for, receives or obtains 'any property or benefit of any kind for himself or any other person; or

 

2. corruptly agrees or attempts to receive or obtain any property or benefit of any kind for himself or any other person, on account of-

 

 

 

1. anything already done or omitted, or any favour or disfavour already shown to any person, by a public official (as defined in section 98D) 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 the public official is serving as such; or

 

2. anything to be afterwards done or omitted, or any favour or disfavour to be afterwards shown to any person, by a public official in the discharge of his official duties or in relation to any such matter as aforesaid,

 

is guilty of the felony of official corruption and is liable to imprisonment for seven years.

 

2. In any proceedings for an offence under this section it shall not be necessary to prove-

 

1. that any public official counselled the commission of the offence; or

 

2. that in the course of committing the offence the accused mentioned any particular public official; or

 

3. that (in a case to which subsection (1)(ii) is relevant) the accused believed that any public official would do, make or show the act, omission, favour or disfavour in question; or

 

4. that the accused intended to give the property or benefit in question, or any part thereof, to a public official.

 

98C. (1)        A judicial officer cannot be arrested without warrant for an offence under section 98, 98A Or

 

98B.

 

2. No proceedings for an offence under section 98, 98A Or 98B shall he instituted against a judicial officer except on a complaint or information Signed by or on behalf of the Attorney-General of the Federation or by or on behalf of the Attorney-General of the State in which the offence is alleged to have been committed.

 

3. In this section, "judicial officer" means, in addition to the officers mentioned in the definition of that expression contained in section 1(1)-

 

1. a member of a customary court;

 

2. a member of a juvenile court;

 

3. an arbitrator, umpire or referee;

 

4. a person called upon to serve as an assessor in any civil or criminal proceedings;

 

5. a member of a jury;

 

6. a member of a tribunal of inquiry constituted under the Tribunals of Inquiry Act; and

 

7. any person before whom, under any law in force in Nigeria or any part thereof, there may be held proceedings in which evidence may be taken on oath.

 

98D.        In sections 98 to 98B, "public official" means any person employed in the public service (within the meaning of that expression as defined in section 1(1)) or any judicial officer within the meaning of section 98c.

 

99. Any person who, being employed in the public service, takes, Or accepts from any person, for the performance of his duty as such officer, any reward beyond his proper pay and emoluments, or any promise of such reward, is guilty of a felony, and is liable to imprisonment for three years.

 

 

100. (Deleted by 1966 No. 84.)

 

101. Any person who, being employed in the public service, knowingly acquires or holds, directly or indirectly, otherwise than as a member of a registered joint stock company consisting of more than twenty persons, 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, and to be fined at the discretion of the court.

 

The offender cannot be arrested without warrant.

 

102. Any person who, being employed in the public service, and being charged by virtue of his employment with any judicial or administrative duties respecting property of a special character, respecting the carrying on of any manufacture, trade, or business of a special character, and having acquired or holding, directly or indirectly, a private interest in any such property, manufacture, trade, or business, discharges any such duties with respect to the property, manufacture, trade, or business in which he has such interest, or with respect to the conduct of any person in relation thereto, is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

103. Any person who, being employed in the public service in such a capacity as to require him or to enable him to furnish returns or statements touching any sum payable or claimed to be payable to himself or to any other person, or touching 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 touching 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.

 

104. Any person who, being employed in the public service, 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 misdemeanour, and is liable to imprisonment for two years.

 

If the act is done or directed to be done for purposes of gain he is guilty of a felony, and is liable to imprisonment for three years.

 

The offender cannot be arrested without warrant.

 

A prosecution for any offence under this or any of the last three preceding sections shall not be instituted except by or with the consent of a law officer.

 

105. Any person who, being authorised or required by law to give any certificate touching any matter by virtue whereof the rights of any person may be prejudicially affected, gives a certificate which is, to his knowledge, false in any material particular, is guilty of a felony, and is liable to imprisonment of three years.

 

The offender cannot be arrested without warrant.

 

106. Any person who administers an oath, or takes a solemn declaration or affirmation or affidavit, touching any matter with respect to which he has not by law any authority to do so, is guilty of a misdemeanour, and is liable to imprisonment for one year. 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; nor to an oath, declaration, affirmation, or affidavit, administered or taken for some purpose which is 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.

 

107. Any person who-

 

1. not being a judicial officer, assumes to act as a judicial officer; or

 

 

2. 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

 

3. 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.

 

The offender cannot be arrested without warrant.

 

108. Any person who-

 

1. personates any person employed in the public service on an occasion when the latter is required to do any act or attend in any place by virtue of his employment; or

 

2. falsely represents himself to be a person employed in the public service, and assumes to do any act or to attend in 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.

 

109. Any person who, not being a person serving in the armed forces of Nigeria nor a member of the police forces, and with intent that he may be taken to be such a person or member as aforesaid-

 

1. wears any part of the uniform of, or

 

2. wears any garb resembling any part of the uniform of, a person serving in the armed forces of Nigeria, or a member of the police forces,

 

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

 

110. Any person who- Unlawfully wearing the uniform of forces, etc. L.N. 112 of 1964. 1967 No. 27.

 

1. not being a person serving in any of the armed forces of Nigeria, wears the uniform or any part of the uniform of such forces, or any the armed dress having the appearance or bearing any of the regimental or other distinctive marks of such uniforms; or

 

2. not being a person holding any office or authority under the Government of Nigeria or of any part thereof, 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 an offence and is liable to imprisonment for one month, or to a fine of ten naira, unless he proves that he had the permission of the President or of the Governor of a State or wear such uniform or dress, badge or mark or to carry such token:

 

Provided that 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.

 

111. Any person who sells or gives any uniform, or part of a or any dress, badge or mark, as in the last preceding section mentioned, to any person who is not authorised to wear the same, is guilty of an offence and is liable to the penalties prescribed in the said section.

 

 

Chapter 13

 

Selling and Trafficking in 0ffices

 

 

112. Any person who--

 

1. corruptly 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 account of anything already done or omitted to

 

 

be done, or to be afterwards done or omitted to be 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

 

2. corruptly gives, confers, or procures, or promises or oiters to give or confer, or to procure or attempt to procure, to, upon, 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. The offender cannot be arrested without warrant.

 

Chapter 14

 

Offences relating to the Administration of Justice

 

 

113. In this chapter, the term "judicial proceeding" includes any proceeding had or taken in or before any court, tribunal, commission of inquiry, or person, in which evidence may or may not be taken on oath.

 

114-116  inclusive. (Deleted by 1966 No. 84.)

 

117. Any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding, knowingly gives false testimony touching any matter which is material to any question then depending in that proceeding, or intended to be raised in that proceeding, is guilty of an offence, which is called perjury.

 

It is immaterial whether the testimony is given on oath or under any other sanction authorised by law.

 

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 assent to the forms and ceremonies actually used.

 

It is immaterial whether the false testimony is given orally or in writing. It is immaterial whether 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.

 

It is immaterial whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceeding or not.

 

The offender cannot be arrested without warrant.

 

118. Any person who commits perjury is liable to imprisonment for Punishment fourteen years. of perjury.

 

If the offender commits the offence in order to procure the conviction of another person for an offence punishable with death or with imprisonment for life, he is liable to imprisonment for life.

 

119. A person cannot be convicted of committing perjury, or of counselling or procuring the commission of perjury, upon the uncorroborated testimony of one witness.

 

120. Any person who, with intent to mislead any tribunal in any judicial proceeding-

 

1. fabricates evidence by any means other than perjury or counselling or procuring the commission of perjury; or

 

2. knowingly makes use of such fabricated evidence;

 

is guilty of a felony, and is liable to imprisonment for seven years. The offender cannot be arrested without warrant.

 

 

121. Any person who-

 

1. gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt to procure, any property or benefit of any kind to, upon, or for, any person, upon 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

 

2. 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

 

3. 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, upon any agreement or understanding that any person shall as a witness in any judicial, proceeding give false testimony or withold true testimony;

 

is guilty of a felony, and is liable to imprisonment for seven years. The offender cannot be arrested without warrant.

 

122. 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 three years.

 

The offender cannot be arrested without warrant.

 

123. 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, wilfully removes, conceals or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence is guilty of a felony, and is liable to imprisonment for three years.

 

The offender cannot be arrested without warrant.

 

124. Any person who wilfully 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 pursuant to the subpoena or summons, is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

125. Any person who conspires with another to charge any person or cause any person to he charged with any offence, whether alleged to have been committed in Nigeria or elsewhere, knowing that such person is innocent of the alleged offence, or not believing him to be guilty of the alleged offence, is guilty of a felony.

 

If the offence is such that a person convicted of it is liable to be sentenced to death or to imprisonment for life, the offender is liable to imprisonment for life.

 

If the offence is such that a person convicted of it is liable to be sentenced to imprisonment, but for a term less than life, the offender is liable to imprisonment for fourteen years.

 

In any other case the offender is liable to imprisonment for seven years. The offender cannot be arrested without warrant.

 

125A. (1)        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-

 

1. 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

 

2. 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 an offence and liable to imprisonment for one year.

 

2. A prosecution for an offence under this section shall not be instituted-

 

1. without the consent of a superior police officer; or

 

2. where in any division an administrative officer has been duly appointed to have charge of the police therein under the provisions of subsection (1) of section 7 of the Police Act, without the consent of that administrative officer.

 

126. (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.

 

The offender cannot be arrested without warrant.

 

2. Any person who attempts, in any way not specially defined in this code, to obstruct, prevent, pervert, or defeat, the course of justice is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

127. Any person who 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 upon any agreement or understanding that he will compound or conceal a felony, or will abstain from, discontinue, or delay a prosecution for a felony, or will withhold any evidence thereof, is guilty of an offence.

 

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 seven years.

 

In any other case the offender is liable to imprisonment for three years. The offender cannot be arrested without warrant.

 

128. Any person who, having brought, or under pretence of bringing, an action against another person upon a penal Act, Law or Statute 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.

 

129. Any person who--

 

1. 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 he asked, or that the person producing such property will not be seized or molested; or

 

2. publicly offers to return to any person who may have bought or advanced money by way of loan upon 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

 

3. prints or publishes any such offer; is guilty of a simple offence, and is liable to a fine of one hundred naira.

 

130. Any person who, having arrested another upon a charge of an offence, wilfully 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.

 

131. Any person who, in the name of a fictitious plaintiff, or in the name of a real person but without his authority, brings an action against another person upon a penal Act, Law or Statute for the recovery of a penalty for any offence committed or alleged to have been committed by him is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

132. Any person who, without authority, or knowing the advertisement to be false in any material particular inserts or causes to be inserted in the Federal Gazette, or a State Gazette, or in any newspaper, an

 

 

advertisement purporting to be published under the authority of any court or tribunal is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

133. Any person who-

 

1. within the premises in which any judicial proceeding is being had or taken, or within the precincts of the same, shows disrespect, in speech or manner, to or with reference to such proceeding, or any person before whom such proceeding is being had or taken; or

 

2. having been called upon 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; or

 

3. causes an obstruction or disturbance in the course of a judicial proceeding; or

 

4. 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; or

 

5. publishes a report of the evidence taken in any judicial proceeding which has been directed to be held in private; or

 

6. attempts wrongfully to interfere with or influence a witness in a judicial proceeding, either before or after he has given evidence, in connection with such evidence; or

 

7. dismisses a servant because he has given evidence on behalf of a certain party to a judicial proceeding; or

 

8. retakes possession of land from any person who has recently obtained possession by a writ of court; or

 

9. 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 a simple offence, and liable to imprisonment for three months.

 

 

Chapter 15

 

Escapes; Rescues; Obstructing 0fficers of Courts

 

 

134. (1)Any person who by force rescues or attempts to rescue from Rescue. lawful custody any other person-

 

1. is, if such last-named person is under sentence of death or penal servitude or imprisonment for life, or charged with an offence punishable with death, or penal servitude or imprisonment for life, guilty of a felony, and is liable to imprisonment for life; and

 

2. is, in any other case, guilty of a felony, and is liable to imprisonment for seven years.

 

1. If the person rescued is in the custody of a private person, the offender must have notice of the fact that the person rescued is in such custody.

 

135. Any person who, being in lawful custody, escapes from such Custody-

 

3. is, if he is charged with, or has been convicted of, felony or misdemeanour, guilty of a felony, and is liable to imprisonment for seven years, with or without whipping; and

 

 

 

2. is, in any other case, guilty of a misdemeanour, and is liable to imprisonment for two years.

 

136. Any person who- Aiding prisoners to escape.

 

1. aids a prisoner in escaping or attempting to escape from lawful custody; or

 

2. conveys anything or causes anything to be conveyed into a prison with intent to facilitate the escape of a prisoner;

 

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

 

137. Any person who, being an officer of a prison, or a member of a police force, wilfully permits any other person within his lawful custody to escape-

 

1. is, if such last-named person is charged with an offence punishable by death, or penal servitude or imprisonment for life, guilty of a felony, and is liable to imprisonment for seven years; and

 

2. is, in any other case, guilty of a felony, and is liable to imprisonment for three years.

 

138. Any person who, being an officer of a prison, or a member of a police force, negligently permits a person within his lawful custody to escape, is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

139. If any prison officer or person in charge of any convicted prisoner knowingly permits or suffers such prisoner to receive any tobacco, food, money, or other article, or to enter any house, yard, or premises, not being the place appointed for the labour of such prisoner, he is guilty of a misdemeanour, and is liable to imprisonment for six months, and to a fine of one hundred naira.

 

140 to 142 - Repealed by 1972 No. 9.

 

143. Any person who-

 

1. rescues any person during his conveyance as an insane person to a hospital, lunatic asylum, or a reception house for the insane, or to a house licensed under the laws relating to insane persons for the reception of patients, or to a prison, or rescues any person during his confinement as an insane person in any such place; or

 

2. being in charge of a person during his conveyance as an insane person to any such place, wilfully permits him to escape from custody; or

 

3. being a superintendent of, or person employed in, any such place, wilfully permits a person confined therein as an insane person to escape therefrom; or

 

4. conceals any such person as aforesaid, who has, to his knowledge, been rescued during such conveyance or confinement, or has, to his knowledge, escaped during such conveyance, or from such confinement;

 

is guilty of a felony, and is liable to imprisonment for three years. The offender cannot be arrested without warrant.

 

144. 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.

 

145. Any person who wilfully obstructs or resists any person lawfully charged with the execution of an order or warrant of any court, is guilty of a misdemeanour, and is liable to imprisonment for one year, or to a fine of two hundred naira.

 

 

 

 

Chapter 16

 

Offences relating to the Currency

 

 

146. In this chapter unless the context otherwise requires-

 

counterfeit" applied to coin, means coin not genuine but resembling or apparently intended to resemble or pass for genuine coin, and includes genuine coin which has been prepared or altered so as to resemble or be apparently intended to resemble or pass for coin of a higher denomination, or, where the coin is that of a foreign Sovereign or State, current coin, and also genuine coin which has been clipped or filed, or the size or weight of which has been otherwise diminished, and which has been prepared or altered so as to conceal such clipping, filing, or diminution: it includes any such coin whether it is or is not in a fit state to be uttered, and whether the process of preparation or alteration is or is not complete;

 

"current" applied to coins, means any coin of the coins or denominations of coined for and lawfully current in Nigeria, and includes any other coin lawfully current in any other country;

 

"gild" and "silver" applied to coin, include producing the appearance of gold or silver respectively by any means whatever;

 

"metal" includes any mixture or alloy of metals;

 

"nickel coin" includes any coin made of metal of a less value than the silver or alloy of silver used in the silver coin of the country in question, save that it does not include any of the coins of mixed metal current in Nigeria by virtue of any Act or the provisions of the Coins Act;

 

"silver coin" (except where it is used in the definition of "nickel coin) includes any of the coins of mixed metal current in Nigeria by virtue of any Act or the provisions of the Coins Act; and

 

"utter" includes using, dealing with, or acting upon, and attempting to use, deal with, or act upon, and attempting to induce any person to use, deal with, or act upon the thing in question as if it were genuine.

 

147. (1)Any person who makes or begins to make any counterfeit current gold or silver coin is guilty of a felony and is liable to imprisonment for life.

 

2. Where a person has ten or more unfinished counterfeit coins in his possession the court may presume that he has made them or has been a participant in the act of making them unless he proves the contrary.

 

148. Any person who-

 

1. gilds or silvers any piece of metal of a fit size or figure to be coined, with intent that it shall be coined into counterfeit gold or silver coin; or

 

2. makes any piece of metal into a fit size or figure to facilitate the coining from it of any counterfeit gold or silver coin, with intent that such counterfeit coin shall be made from it; or

 

3. without lawful authority or excuse, the proof of which lies on him,

 

1. buys, sells, receives, pays, or disposes of, any counterfeit gold or silver coin at a lower rate than it imports or is apparently intended to import, or offers to do any such thing; or

 

2. makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of, any stamp or mould which is adapted to make the resemblance of both or either of the sides of any gold or silver coin, or any part of either side thereof, knowing the same to be such a stamp or mould or to be so adapted; or

 

 

3. makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of, any tool, instrument, or machine, which is adapted and intended to be used for marking coin round the edges with marks or figures apparently resembling those on the edges of any gold or silver coin, knowing the same to be so adapted and intended; or

 

4. makes or mends, or begins or prepares to make or mend, or has in his possession, or disposes of, any press for coinage, or any tool, instrument, or machine, which is adapted for cutting round blanks out of gold, silver, or other metal, knowing such press, tool, instrument, or machine, to have been used or to be intended to be used for making any counterfeit gold or silver coin; or

 

5. knowingly conveys out of any mint within the Commonwealth any stamp, mould, tool, instrument, machine, or press, used or employed in coining, or any useful part of any of such thing, or any coin, bullion, or metal;

 

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

 

148A. (1)        Any person who without lawful authority or excuse, the proof whereof lies on him either orally or in writing makes any inquiry of any other person Whether such last mentioned person be in Nigeria or at any place not in Nigeria-

 

1. as to obtaining or supplying or as to the cost of obtaining or supplying any machine, stamp, tool, instrument, metal or material which is adapted or is intended to be used-

 

1. to make the resemblance of both or either sides of any current coin or any part of either side thereof; or

 

2. to mark any coin or disc resembling coin or intended to resemble coin round the edges with marks, figures or letters apparently resembling those on the edges of any current coin; or

 

3. to cut round blanks out of metal or other substance; knowing such machine, stamp, tool, instrument, metal or material to have been adapted or intended to be used for making any counterfeit coin or for performing any process in the manufacture of counterfeit coin; or

 

2. as to making, obtaining or supplying or as to the cost of making, obtaining or supplying any counterfeit coin;

 

shall be guilty of an offence and shall be 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) relates the fact that such inquiries were reduced into writing shall be sufficient proof of an attempt to commit the offence and the offender shall be subject to a like penalty as if he had committed the offence.

 

149. Any person who deals with any current gold or silver coin in such a manner as to diminish its weight with intent that when so dealt with it may pass as current gold or silver coin, is guilty of a felony and is liable to imprisonment for life.

 

150. Any person who unlawfully has in his possession or disposes of any filings, or clippings of gold or silver, or any gold or silver in bullion, dust, solution, or any other state, obtained by dealing with current gold or silver coin in such a manner as to diminish its weight, knowing the same to have been so obtained, is guilty of a felony, and is liable to imprisonment for seven years.

 

151. Any person who utters any counterfeit current gold or silver coin, knowing it to be counterfeit, is guilty of a misdemeanour and is liable to imprisonment for two years.

 

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

 

152. (1)Any person who-

 

 

1. utters any counterfeit gold or silver coin, knowing it to be counterfeit, and at the time of such uttering has in his possession any other counterfeit gold or silver coin; or

 

2. utters any counterfeit gold or silver coin, knowing it to be counterfeit, and either on the same day or on any of the ten days next ensuing, utters any other counterfeit current gold or silver coin, knowing it to be counterfeit; or

 

3. has in his possession three or more pieces of counterfeit current gold or silver coin, knowing them to be counterfeit, and with intent to utter any of them;

 

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

 

2. Where a person has ten more counterfeit coins in his possession the court may presume an intent to utter unless he proves the contrary.

 

153. Any person who commits any of the offences defined in the two last preceding sections, after having been previously convicted of an of those offences committed with respect to current coin, or of any felony committed with respect to current coin, is guilty of a felony, and is liable to imprisonment for life.

 

154. Any person who-

 

1. makes, or begins to make, any counterfeit current nickel coin; or

 

2. without lawful authority or excuse, the proof of which lies on him, knowingly makes or mends, or begins, or prepares to make or mend, or has in his possession, or disposes of, any tool, instrument, or machine, which is adapted and intended for making any counterfeit current nickel coin; or

 

3. buys, sells, receives, pays, or disposes of, any counterfeit current nickel coin at a lower rate of value than it imports, or was apparently intended to import, or offers to do any such act; is guilty of a felony, and is liable to imprisonment for seven years.

 

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

 

155. (1)Any person who-

 

1. utters any counterfeit current nickel coin, knowing it to be counterfeit; or

 

2. has in his possession three or more pieces of counterfeit current nickel coin, knowing them to be counterfeit, and with intent to utter any of them; is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

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

 

2. Where a person has ten or more counterfeit coins in his possession the court may presume an intent to utter unless he proves the contrary.

 

156. Any person who defaces any current coin by stamping thereon any name or word whether the weight of the coin is or is not thereby diminished, is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

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

 

157. Any person who, with intent to defraud, utters as and for current gold or silver coin-

 

1. any coin which is not current coin; or defraud.

 

2. any medal or piece of metal, whether a coin or not which is of less value than the current coin as and for which it is uttered; is guilty of a misdemeanour, and is liable to imprisonment for one year. A person found committing the offence may be arrested without warrant.

 

 

158. Any person who, without lawful authority or excuse, the proof of which lies on him, exports or puts on board of a vessel or vehicle of any kind for the purpose of being exported from Nigeria, any counterfeit current coin whatever, knowing it to be counterfeit, is guilty of a felony, and is liable to imprisonment for fourteen years.

 

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

 

159. Any person who without lawful authority or excuse, the proof Of which lies on him imports or receives into Nigeria any counterfeit coin whatever, knowing it to be counterfeit, is guilty of a felony, and is liable to imprisonment for fourteen years.

 

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

 

160. Any person who utters any current coin which is defaced by the stamping of any name or word thereon is guilty of an offence, and is liable to a fine of four naira.

 

A prosecution for any such offence cannot be commenced without the consent of a law officer.

 

A tender of payment in money made in any coin so defaced is not a legal tender.

 

160A.        Any person other than the Central Bank of Nigeria who makes or issues within Nigeria promissory notes payable to bearer on demand or circulates within Nigeria any promissory note payable to bearer on demand is guilty of a misdemeanour and liable on conviction to a fine equal to double the value of any promissory note unlawfully made, issued or circulated or to imprisonment for a term of twelve months, or to both.

 

160B.        Any person who, without the written permission of the Minister of the Federation charged with responsibility for matters relating to finance, makes or sells, or exposes or offers for sale, or uses for the purpose of advertising any material or document on or in which is portrayed a note or coin in any way resembling a currency note, bank note or coin current in Nigeria is guilty of a misdemeanour and is liable to imprisonment for one year, or to a fine of two hundred naira.

 

 

Chapter 17

 

Offences relating to Posts and Telecommunications

 

 

161. Any person who stops a mail with intent to search or rob postal matter is guilty of a felony, and is liable to imprisonment for life.

 

162. Any person who unlawfully secretes or destroys any postal matter or telegram or any part of any such thing, is guilty of a felony, and is liable to imprisonment for seven years, and if any such postal matter so secreted or destroyed shall contain any money or chattel whatsoever, or any valuable security, such person is liable to imprisonment for life.

 

163. Any person who, being employed by or under the Nigerian Postal Services Department, does with respect to any postal matter or telegram any act which he is not authorised to do by virtue of his employment, or knowingly permits any other person to do any such act with respect to any such thing, is guilty of a felony, and is liable to imprisonment for three years.

 

164. Any person who, being charged, by virtue of his employment, or by virtue of any contract, with the delivery of any postal matter or telegram, wilfully delivers it to a person other than the person to whom it is addressed, or his authorised agent in that behalf, is guilty of a felony, and is liable to imprisonment for three years.

 

165. Any person who by means of any false pretence induces any person employed by or under the Nigerian Postal Services Department or any telegraph official to deliver to him any postal matter or telegram which is not addressed to him, is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

 

166. Any person who wilfully secretes or detains any postal matter or telegram which is found by him, or which is wrongly delivered to him, and which, in either case, ought to his knowledge, to have been delivered to another person, is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

167. Any person who, being employed by or under the Nigerian Postal Services Department, and being charged by virtue of his employment with any duty in connection with the issue of money orders or postal orders unlawfully, and with intent to defraud, issues a money order or postal order, is guilty of a felony, and is liable to imprisonment for seven years.

 

168. Any person who, being employed by or under the Nigerian Postal Services Department, and being charged by virtue of his employment with any duty in connection with money orders, sends to any other person, with intent to defraud, any false or misleading letter, telegram, or message concerning a money order, or concerning any money payable under a money order, is guilty of a felony, and is liable to imprisonment for three years.

 

The offender cannot be arrested without warrant.

 

169. Any person who, being empowered under the provisions of any enactment or authorised by the Minister charged with responsibility for postal matter to frank postal matter, superscribed any postal matter-

 

1. which does not relate to the business of his office or department; or

 

2. into which there has been inserted any letter or other thing which does not relate to such business, with intent to avoid payment of the postage on such postal matter or other letter or thing inserted as aforesaid into such postal matter, is guilty of an offence, and is liable to a fine of two hundred naira.

 

170. Any person who knowingly sends, or attempts to send, by post anything which-

 

3. encloses anything, whether living or inanimate, of such a nature as to be likely to injure any other thing in the course of conveyance, or to injure any person; or

 

4. encloses an indecent or obscene print, painting, photograph, lithograph, engraving, book, card, or article, or 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.

 

171. Any person who, being required by law or by virtue of his employment to do any act with respect to the receipt, despatch, or delivery, of any postal matter or telegram-

 

1. neglects or refuses to do such act; or,

 

2. wilfully detains or delays, or permits the detention or delay of any such thing; or

 

3. opens, or procures or suffers to be opened, any postal matter; is guilty of a misdemeanour, and is liable to a fine of two hundred naira or to imprisonment for one year: Provided always that nothing herein contained shall extend to the opening or detaining of any postal matter or telegram returned by reason that the person to whom the same shall be directed is dead, or cannot be found, or shall have refused the same, or shall have refused or neglected to pay the postage thereof or any charges payable in respect thereof, nor to the opening or detaining or delaying of any postal matter or telegram under the authority of any Act or in obedience to an express warrant in writing under the hand of the Minister charged with responsibility for postal matter.

 

172. Any person who wilfully obstructs or delays the conveyance or delivery of postal matter is guilty of a simple offence, and is liable to a fine of one hundred naira.

 

 

173. (1)Any person who- being employed by or under the Nigerian Postal Services Department to convey or deliver postal matter whilst so employed-

 

1. allows any postal matter bag or postal matter out of his possession; or

 

2. suffers any unauthorised person to interfere with any such postal matter bag or postal matter;

 

or

 

3. is guilty of any neglect whereby any such postal matter bag or postal matter is endangered; or

 

4. loiters on the road; or

 

5. wilfully misspends or loses time; or

 

6. is under the influence of intoxicating liquor; or

 

7. does not convey postal matter at the speed fixed by the Postmaster-General for the conveyance thereof, unless prevented by some cause beyond his control, the proof whereof lies on the person charged,

 

is guilty of a simple offence, and is liable to a fine of twenty naira.

 

2. Any person, who being employed by or under the Nigerian Postal Services Department, negligently loses any postal matter or telegram or negligently detains or delays, or permits the detention or delay of, any postal matter or telegram, is guilty of a simple offence, and is liable to a fine of twenty naira.

 

174. Any person who, with intent to defraud-

 

1. removes from any postal matter or telegram any stamp affixed thereon; or

 

2. removes from any stamp previously used any mark made thereon at a post or telegraph office; or

 

3. knowingly uses a postage stamp which has been obliterated or defaced by a mark made thereon at a post or telegraph office;

 

4. knowingly tampers with a postage stamp by smearing or coating the surface with mucilage or any other substance so that it may be used again at a post or telegraph office;

 

is guilty of a misdemeanour, and is liable to imprisonment for one year, or to a fine of one hundred naira.

 

On the trial of a person charged with the offence of knowingly using a postage stamp which has been obliterated or defaced by a mark made thereon at a post office, proof that the person charged is the writer of the address of anything sent by post on which the stamp is affixed is sufficient evidence that he is the person who used the stamp, until the contrary is shown.

 

175. Any person who-

 

1. knowingly and fraudently puts into a post office anything in or upon which, or in or upon the cover of which there is any letter, newspaper, or other thing, or any writing or mark, not allowed by law to he there placed; or

 

2. wilfully subscribes on the outside of anything sent by post a false statement of its contents; or

 

3. knowingly and fraudently puts into a post office anything which falsely purports to he a thing failing within any exemption or privilege declared by the laws relating to postal matter;

 

is guilty of a simple offence, and is liable to a fine of one hundred naira.

 

 

176. Any person who, not being authorised by the Postmaster-General,

 

1. sends or conveys a letter otherwise than by post; or

 

2. takes charge of a letter for conveyance;

 

is guilty of a simple offence, and is liable to a fine of one hundred naira.

 

This section does not extend to a letter sent or conveyed to a place in Nigeria with which postal communication has not been established, nor to a letter exceeding the weight prescribed by law for letters sent by post, nor to a letter sent by a private friend without hire or reward, on his way, journey, or travel, so as such letter be delivered to the party to whom it is directed, nor to a letter to be sent out of Nigeria by a vessel not being a packet boat, nor to a letter concerning goods sent and to be delivered with it, without any hire or reward being paid or received in respect thereof, or containing process of, or proceedings or pleadings in, a court of justice, or briefs or cases of instructions for counsel and their opinions thereon, or containing a deed, affidavit, or power of attorney, nor to a letter sent by special messenger and concerning the private affair of the sender, nor to a letter sent or carried to or from the nearest post office:

 

Provided always that nothing herein before set forth shall authorized any of the person hereafter , named to carried a letter, or to receive or collect or deliver a letter, although they shall not receive hire or reward for the same:

 

1. common carriers, except a letter concerning goods which they are conveying;

 

2. officers of the Nigerian Postal Services Department;

 

3. owners, masters, or commanders of vessels being passage or packet boats, sailing and passing between places in Nigeria with which postal communication has been established, except in respect of letters concerning goods on board, or letters belonging to the owners of such vessels;

 

4. passengers, members of the crew, or other persons on board any such vessels as is mentioned in paragraph (c);

 

5. owners of, members of the crew, or others on board a vessel passing or repassing on a river within Nigeria, except with respect to places in Nigeria with which postal communication has not been established.

 

177. Any person who-

 

1. without lawful authority or excuse, the proof of which lies on him-

 

1. makes any envelope, wrapper, card, form, or paper, in imitation of one issued by or under the authority of the Postmaster-General or of the postal authority of any other country, or having thereon any word, letter, or mark, which signifies or implies, or may reasonably induce a person receiving it to believe, that a letter, newspaper, packet, or parcel, bearing such word, letter, or mark, is sent on State service, or on the public service of another country; or

 

2. makes on any envelope, wrapper, card, form, or paper, in order to its being issued or sent by post or otherwise, any stamp or mark in imitation of a stamp or mark of any post office under the control of the Postmaster-General or of the postal authority of any other country, or any other stamp or mark, or any word or letter, which signifies or implies, or may reasonably induce a person receiving it to believe, that a letter, newspaper, packet, or parcel, bearing such stamp, mark, word, or letter, is sent on State service, or on the public service of another country; or

 

3. issues or sends by post or otherwise, any envelope, wrapper, card, form, or paper, so marked;

 

or

 

 

2. without the authority of the Postmaster-General, the proof of which lies on the person charged, places or maintains, or permits to be placed or maintained, or to remain in, on, or near, any place under his control-

 

1. the words "post office"; or

 

2. the words "letter box", accompanied with words, letters or marks which signify or imply, or may reasonably lead the public to believe, that it is a receptacle provided by the authority of the Postmaster-General for the reception of postal matter; or

 

3. any words, letters or marks which signify or imply, or may reasonably lead the public to believe, that any place is a post office, or that any such receptacle is provided by the authority of the Postmaster-General as aforesaid; or

 

3. without the authority of the postmaster-General, the proof of which lies on the person charged, places, or permits to be placed or to remain, on any vehicle or vessel under his control the words "royal mail", or any word, letter or mark, which signifies or implies, or may reasonably induce any person to believe, that the vehicle or vessel is used for the conveyance of mails; or

 

4. without the licence of the Minister charged with responsibility for postal matters, the proof of which lies on the person charged,

 

4. sells, or offers or exposes for sale, any postage stamp; or

 

5. places, permits to be placed or to remain, on or near to his house or premises the words "licensed to sell stamps", or any word, letter or mark, which signifies or implies, or may reasonably induce any person to believe, that he is duly licensed to sell postage stamps;

 

is guilty of a simple offence, and is liable to a fine of ten naira.

 

178. Any person who wilfully destroys or damages any receptacle provided by authority of the Postmaster-General for the receipt of postal matter, or any card or notice relating to the postal or telegraph service set up by authority of the Postmaster-General, or obliterates any letter or figure on any such thing, is guilty of a simple offence, and is liable to a fine of one hundred naira.

 

179. Any person who places in or against any receptacle provided by authority of the Postmaster-General for the reception of postal matter or telegrams, any fire or match, or any explosive, dangerous, noxious, or deleterious substance, or any fluid or filth, is guilty of a simple offence, and is liable to a fine of forty naira.

 

180. Any person who without the licence of the Postmaster-General affixes, or attempts to affix, any placard, advertisement, notice, list, document, board, or paint, tar, or other thing to any post office or telegraph office is guilty of a simple offence, and is liable to a fine of ten naira.

 

181. Any person who, by stopping or loitering opposite to or on the premises of a post office or telegraph office, obstructs the business of the office or any other person lawfully going to the office, is guilty of a simple offence, and is liable to a fine of ten naira.

 

182. Any person who-

 

1. wilfully obstructs a person employed by or under the Nigerian Postal Services Department or any telegraph official in the execution of the duties of his employment;

 

2. being in a post office or telegraph office, or within any premises appertaining to -a post office or telegraph office, or used therewith, wilfully obstructs the business of the office; or

 

3. without the permission of a competent authority enters any part of a telegraph office to which the public are not admitted;

 

is guilty of a simple offence, and is liable to a fine of four naira.

 

 

 

Any person employed by or under the Nigerian Postal Services Department or any telegraph official may require any person committing any of the offences defined in this section to leave the post office, or telegraph office, or premises.

 

Any person who refuses or fails to comply with such request is guilty of a simple offence, and is liable to a further fine of ten naira, and may be removed by any person authorised to make the request; and all members of the police forces are required, on demand, to remove or assist in removing such person.

 

183. Any person who-

 

1. not being authorised by or under any Act so to do, establishes or maintains any telegraph; or

 

2. knowing or having reason to believe that a telegraph has been established or is maintained without such authority as aforesaid, transmits or receives any message by such telegraph or performs any service incidental thereto, or delivery of any message for transmission by such telegraph or accepts delivery of any message sent thereby, is guilty of a simple offence and is liable on a first conviction to a fine of twenty naira, and on every subsequent conviction to a fine of one hundred naira.

 

184 and 185 - Deleted by No 30 of 1975.

 

186. Any person who negligently destroys or damages any telegraph works is guilty of a simple offence, and is liable to a fine of four naira.

 

187. Any telegraph official who, contrary to his duty, publishes or communicates the contents or substance of a telegram, or any information relating to the despatch or receipt of any telegram, except to some person to whom he is authorised to deliver the telegram, is guilty of a felony, and is liable to imprisonment for three years.

 

188. Any person who resists a person employed by or under the Nigerian Postal Services Department while engaged in the execution of his duty under the laws relating to posts and telegraphs, is guilty of a simple offence, and is liable to imprisonment for three months, or to a fine of forty naira.

 

189. (1)In case of any offence under this code in respect of any postal matter bag or postal matter, or of any chattel, money, or valuable security sent by post, it shall he sufficient in any proceedings to lay the ownership in the Postmaster-General.

 

2. In case of any offence under this code in respect of any telegram, telegraph line or telegraph works, established under the provisions of the Wireless Telegraphs Act, or the Telegraphs Proclamation, or in respect of any form, paper, book, or other thing used for the purpose of carrying out the provisions of such Act or Proclamation, it shall be sufficient in any proceedings to lay the ownership in the Postmaster-General.

 

3. In any such proceedings as aforesaid, it shall not be necessary to prove ownership, or to allege or prove any value.

 

Chapter 18

 

Miscellaneous Offences Against Public Authority

 

 

190. Any person who subscribes a certificate or declaration as to the execution of a sentence of death, which, in any material particular, is to his knowledge false, is guilty of a felony, and is liable to imprisonment fourteen years.

 

190A.        Any person who for the purpose of procuring a passport, whether for himself or any other individual, makes or causes to he 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 an offence, and is liable to imprisonment for one year.

 

191. Any person who, on any occasion on which a person making a statement touching any matter is required by law to make it on oath, or under some sanction which may by law be substituted for an oath, of is required to verify it by solemn declaration or affirmation, makes a statement touching such matter which, in any material particular, is to his knowledge false, and verifies it on oath, or under such other sanction or by solemn declaration or affirmation, is guilty of a felony, and is liable to imprisonment for seven years.

 

The offender cannot be arrested without warrant.

 

192. Any person who, on any occasion on which he is permitted or required by law to make a statement or declaration before any person authorised by law to permit it to be made before him, makes a statement or declaration before that person which, in any material particular, is to his knowledge false, is guilty of a felony, and is liable to imprisonment for three years.

 

The offender cannot be arrested without warrant.

 

193. A person cannot be convicted of any of the offences defined in the two last preceding sections upon the uncorroborated testimony of one witness.

 

194. Any person who-

 

1. shoots at a vessel of any kind which is in use by a customs officer while engaged in the execution of his duty as such officer; or

 

2. shoots at, wounds, or causes any grievous harm to a customs officer while engaged in the execution of his duty in the prevention of smuggling, or any person acting in aid of a customs officer while so engaged;

 

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

 

195. Any person who with violence assaults, obstructs, or resists a customs officer, or any person duly employed for the prevention of smuggling, while engaged in the execution of his duty in the prevention of smuggling, or any person acting in aid of any such officer or person while so engaged, is guilty of a felony, and is liable to imprisonment for three years.

 

196. Any person who-

 

1. assaults or obstructs a customs officer, or any person duly employed for the prevention of smuggling, while engaged in the execution of his duty under any law relating to the customs, or in the seizure of any goods claimed to be liable to forfeiture under any such law, or any person acting in aid of any such officer or person while so engaged; or

 

2. rescues or attempts to rescue any goods which have been seized under any such law; or

 

3. before, at, or after, the seizure of any goods under any such law, staves, breaks, or destroys the goods, with intent to prevent the seizure or the securing of the goods, or attempts to do any such act; is guilty of a simple offence, and is liable to a fine of two hundred naira.

 

197. Any person who in any manner obstructs or resists any public officer while engaged in the discharge or attempted discharge of the duties of his office under any Order, Act, Law, or Statute, or obstructs Or resists any person while engaged in the discharge or attempted discharge of any duty imposed on him by an Order, Act, Law, or Statute, is guilty of a misdemeanour and is liable to imprisonment for two years.

 

198. Any person who, being a person employed in the public service, and being required by any Order, Act, Law, or Statute, to do any act by virtue of his employment, perversely and without lawful excuse Omits Or refuses to do any such act is guilty of a misdemeanour, and is liable to imprisonment for two years. A

 

 

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

 

199. Any person who, being a peace officer, and 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.

 

200. 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.

 

201. Any person who, having reasonable notice that he is required to assist any peace officer or member of the police force 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.

 

202. Any person 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 Statute, forbidden to do, or omits to do any act, which he is, by the provisions of any such Order, Act, Law or Statute, required to do, is guilty of a misdemeanour, unless some mode of proceeding against him for such disobedience is expressly provided by Order, Act, Law, or Statute, and is intended to be exclusive of all other punishment

 

The offender is liable to imprisonment for one year.

 

In this section, the terms "Act" and "Law" do not include an order, regulation or proclamation made under the authority of an Act or a Law.

 

203. Any person who, without lawful excuse, the proof of which lies on him, disobeys any lawful order issued by any person authorised by any Order, Act, Law, or Statute, to make the order, is guilty of a misdemeanour, unless some mode of proceeding against him for such disobedience is expressly provided by Order, Act, Law, or Statute, and is intended to be exclusive of all other punishment.

 

The offender is liable to imprisonment for one year.