PART 4

Part 4

 

Acts Injurious to the Public in General

 

 

Chapter 19

 

Offences relating to Religious Worship

 

 

204. Any person who does an act which any class of persons consider as a public insult on their religion, with the intention that they should consider the act such an insult, and any person who does an unlawful act with the knowledge that any class of persons will consider it such an insult, is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

204. Any person who-

 

1. by threats or force prevents or attempts to prevent any minister of religion from lawfully officiating in any place of religious worship, or from performing his duty in the lawful burial of the dead in any cemetery or other burial place; or

 

2. by threats or force obstructs or attempts to obstruct any minister of religion while so officiating or performing his duty; or

 

3. assaults, or, upon or under the pretence of executing any civil process, arrests any minister of religion who is engaged in, or is, to the knowledge of the offender about to engage in, any of the offices or duties aforesaid, or who is, to the knowledge of the offender, going to perform the same or returning from the performance thereof;

 

 

 

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

 

206. Any person who wilfully and without lawful justification or excuse, the proof of which lies on him, disquiets, or disturbs any meeting of persons lawfully assembled for religious worship, or assaults any person lawfully officiating at any such meeting, or any of the persons there assembled is guilty of a simple offence, and is liable to imprisonment for two months, or to a fine of ten naira.

 

 

Chapter 20

 

Ordeal, Witchcraft, Juju and Criminal Charms

 

 

207. (1)The trial by the ordeal of sasswood, esere-bean, or other poison, boiling oil, fire, immersion in water or exposure to the attacks of crocodiles or other wild animals, or by any ordeal which is likely to result in the death of or bodily injury to any party to the proceeding is unlawful.

 

2. The State Commissioner may by order prohibit the worship or invocation of any juju which may appear to him to involve, or tend towards the commission of any crime or breach of peace, or to the spread of any infectious or contagious disease.

 

208. Any person who directs or controls or presides at any trial by ordeal which is unlawful is guilty of a felony, and is liable, when the trial which such person directs, controls or presides at results in the death of any party to the proceeding, to the punishment of death, and in every other case to imprisonment for ten years.

 

209. Any person who-

 

1. is present at or takes part in any trial by ordeal which is unlawful; or

 

2. makes, sells or assists or takes part in making or selling, or has in his possession for sale or use any poison or thing which is intended to be used for the purpose of any trial by ordeal which is unlawful;

 

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

 

210. Any person who-

 

1. by his statements or actions represents himself to be a witch or to have the power of witchcraft; or

 

2. accuses or threatens to accuse any person with being a witch or with having the power of witchcraft; or

 

3. makes or sells or uses, or assists or takes part in making or selling or using, or has in his possession or represents himself to be in possession of any juju, drug or charm which is intended to be used or reported to possess the power to prevent or delay any person from doing an act which such person has a legal right to do, or to compel any person to do an act which such person has a legal right to refrain from doing, or which is alleged or reported to possess the power of causing any natural phenomenon or any disease or epidemic; or

 

4. directs or controls or presides at or is present at or takes part in the worship or invocation of any juju which is prohibited by an order of the State Commissioner; or

 

5. is in possession of or has control over any human remains which are used or are intended to be used in connection with the worship of invocation of any juju; or

 

6. makes or uses or assists in making or using, or has in his possession anything whatsoever the making, use or possession of which has been prohibited by an order as being or believed to be associated with human sacrifice or other unlawful practice;

 

 

 

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

 

211. Any chief who directly or indirectly permits, promotes, encourages or facilitates any trial by ordeal which is-'unlawful, or the worship or invocation of any juju which has been prohibited by an order, or who, knowing of such trial, worship or invocation, or intended trial, worship or invocation, does not forthwith report the same to an administrative officer is guilty of a felony, and is liable to imprisonment for three years.

 

The offender cannot be arrested without warrant.

 

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

 

213. Any person who-

 

1. makes, sells or keeps for sale or for hire or reward, any fetich or charm which is pretended or reputed to possess power to protect burglars, robbers, thieves or other malefactors, or to aid or assist in any way in the perpetration of any burglary, housebreaking, robbery or theft, or in the perpetration of any offence whatsoever, or to prevent, hinder or delay the detection of or conviction for any offence whatsoever; or

 

2. is found having in his possession without lawful and reasonable excuse (the proof of which excuse shall lie on such person) any such fetish or charm as aforesaid,

 

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

 

 

Chapter 21

 

Offences against Morality

 

 

214. Any person who-

 

1. has carnal knowledge of any person against the order of nature; or

 

2. has carnal knowledge of an animal; or

 

3. permits a male person to have carnal knowledge of him or her against the order of nature; is guilty of a felony, and is liable to imprisonment for fourteen years.

 

215. Any person who attempts to commit any of the offences defined in the last preceding section is guilty of a felony, and is liable to imprisonment for seven years.

 

The offender cannot be arrested without warrant.

 

216. Any person who unlawfully and indecently deals with a boy under the age of fourteen years is guilty of a felony, and is liable to imprisonment for seven years.

 

The term "deal with" includes doing any act which, if done without consent, would constitute an assault as hereinafter defined.

 

217. Any male person who, whether in public or private, commits any act of gross indecency with another male person, or procures another male person to commit any act of gross indecency with him, or attempts to procure the commission of any such act by any male person with himself or with another male person, whether in public or private, is guilty of a felony, and is liable to imprisonment for three years.

 

 

 

The offender cannot be arrested without warrant.

 

218. Any person who has unlawful carnal knowledge of a girl under the age of thirteen years is guilty of a felony, and is liable to imprisonment for life, with or without caning.

 

Any person who attempts to have unlawful carnal knowledge of a girl under the age of thirteen years -is guilty of a felony, and is liable to imprisonment for fourteen years, with or without caning.

 

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

 

A person cannot he convicted of either of the offences defined in this section upon the uncorroborated testimony of one witness.

 

219. Any person who, being the owner or occupier of any premises, or having, or acting, or assisting in the management or control of any premises, induces or knowingly permits any girl of such age as is in this section mentioned to resort to or be in or upon such premises for the purpose of being unlawfully carnally known by any man, whether a particular man or not, is guilty of an offence.

 

If the girl is of or above thirteen and under sixteen years of age, he is guilty of a misdemeanour and is liable to imprisonment for two years, with or without caning.

 

If the girl is under the age of thirteen years, he is guilty of felony, and is liable to imprisonment for life, with or without caning.

 

220. *It is a defence to a charge of any of the offences defined in the last preceding section to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of sixteen years.

 

221. Any person who-

 

1. has or attempts to have unlawful carnal knowledge of a girl being of or above thirteen years and under sixteen years of age; or

 

2. knowing a woman or girl to be an idiot or imbecile, has or attempts to have unlawful carnal knowledge of her;

 

is guilty of a misdemeanour, and is liable to imprisonment for two years, with or without caning.

 

*It is a defence to a charge of either of the offences firstly defined in this section to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of sixteen years.

 

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

 

A person cannot be convicted of any of the offences defined in this section upon the uncorroborated testimony of one witness.

 

222. Any person who unlawfully and indecently deals with a girl under the age of sixteen years is guilty of a misdemeanour, and is liable to imprisonment for two years, with or without caning.

 

If the girl is under the age of thirteen years, he is guilty of a felony and is liable to imprisonment for three years, with or without caning.

 

*It is a defence to a charge of the offence defined in this section to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of sixteen years.

 

The term "deal with" includes doing any act which, if done without consent, would constitute an assault, as hereinafter defined.

 

 

222A. (1)        Whoever, having the custody, charge or care of a girl under the age of sixteen years, causes or encourages the seduction, unlawful carnal knowledge or prostitution of, or the commission of an indecent assault upon, such a girl, shall be liable to imprisonment for two years.

 

2. For the purposes of this section, a person shall be deemed to have caused or encouraged the seduction, unlawful carnal knowledge or prostitution of, or the commission of an indecent assault upon, a girl who has been seduced, unlawfully carnally known, or indecently assaulted, or who has become a prostitute, if he has knowingly allowed her to consort with, or to enter or continue in the employment of, any prostitute or person of known immoral character.

 

222B. (1)        Whoever, having the custody, charge or care of a child or young person who has attained the age of four years and is under the age of sixteen years, allows that child or young person to reside in or frequent a brothel, shall be liable. to a fine of one hundred naira or to imprisonment for six months or to both such fine and imprisonment.

 

2. If upon the trial of a person charged with an offence against section 219 the facts proved in evidence authorise a conviction for an offence against this section, the person charged may be convicted of the offence against this section although he was not charged with that offence.

 

222C.        Notwithstanding anything contained in sections 220, 221 and 222, it shall only be a defence to a charge of any of the offences defined in section 219, paragraph (1) of section 221 and section 222 to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of sixteen years if the accused person was under the age of twenty-one years at the time when the offence is alleged to have been committed and has not previously been charged with any of such offences.

 

223. Any person who-

 

1. procures a girl or woman who is under the age of eighteen years to have unlawful carnal connection with any other person or persons, either in Nigeria or elsewhere; or

 

2. procures a woman or girl to become a common prostitute, either in Nigeria, or elsewhere; or -

 

3. procures a woman or girl to leave Nigeria with intent that she may become an inmate of a brothel elsewhere; or

 

4. procures a. woman or girl to leave her usual place of abode in Nigeria, with intent that she may, for the purposes of prostitution, become an inmate of a brothel, either in Nigeria or elsewhere;

 

is guilty of a misdemeanour, and is liable to imprisonment for two years. A person cannot be convicted of any of the offences defined in this section upon the uncorroborated testimony of one witness.

 

The offender may be arrested without warrant.

 

224. Any person who-

 

1. by threats or intimidation of any kind procures a woman or girl, to have unlawful carnal connection with a man, either in Nigeria or elsewhere; or

 

2. by any false pretence procures a woman or girl to have unlawful carnal connection with a man, either in Nigeria or elsewhere; or

 

3. administers to a woman or girl, or causes a woman or girl to take, any drug or other thing with intent to stupefy or overpower her in order to enable any man, whether a particular man or not, to have unlawful carnal knowledge of her;

 

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

 

A person cannot be convicted of any of the offences defined in this section upon the uncorroborated testimony of one witness.

 

 

 

225. Any person who, with intent that an unmarried girl under the age of eighteen years may be unlawfully carnally known by any man, whether a particular man or not, takes her or causes her to be taken out of the custody or protection of her father or mother, or other person having the lawful care or charge of her, and against the will of such father or mother or other person, is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

It is a defence to a charge of any of the offences defined in this section to prove that the accused person believed, on reasonable grounds, that the girl was of or above the age of eighteen years.

 

225A.  (1)        Every male person who-

 

1. knowingly lives wholly or in part on the earnings of prostitution; or

 

2. in any public place persistently solicits or importunes for immoral purposes, shall be liable to imprisonment for two years, and, in the case of a second or subsequent conviction, shall, in addition to any term of imprisonment awarded, be liable to caning.

 

2. Any magistrate who is satisfied, by evidence upon oath, that there is reason to suspect that any premises or any part of any premises are or is used by a female for, Purposes of prostitution, and that any male person residing in or frequenting the premises is living wholly or in part on the earnings of the prostitute, may issue a warrant under his hand authorising any constable to enter and search the premises and to arrest that male person.

 

3. Where a male person is proved to live with or to be habitually in the company of a prostitute or is proved to have exercised control, direction, or influence over the movements of a prostitute in such a manner as to show that he is aiding, abetting, or compelling her prostitution with any other person or generally, he shall, unless he can satisfy the court to the contrary, be deemed to be knowingly living on the earnings of prostitution.

 

4. Every female who is proved to have, for the purposes of gain, 5xercised control, direction or influence over the movements of a prostitute in such a manner as to show that she is aiding, abetting or compelling her prostitution with any person or generally shall be liable to imprisonment for two years.

 

225B.        Whoever-

 

1. keeps or manages or assists in the management of a brothel; or

 

2. being the tenant, lessee, or occupier or person in charge of any premises, knowingly permits such premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution; or

 

3. being the lessor or landlord of any premises, or the agent of such lessor or landlord, lets the same or any part thereof with the knowledge that such premises or some part thereof are of is to be used as a brothel, or is wilfully a party to the continued use of such premises or any part thereof as a brothel, shall be liable-

 

1. to a fine of one hundred naira or to imprisonment for six months, and

 

2. on a second or subsequent conviction, to a fine of three hundred naira or to imprisonment for one year; or in either case, to both fine and imprisonment.

 

226. Any person who-

 

1. detains a woman or girl against her will in or upon any premises in order to her being unlawfully carnally known by any man, whether a particular man or not; or

 

2. detains a woman or girl against her will in a brothel; is guilty of a misdemeanour, and is liable to imprisonment for two years. When a woman or girl is in or upon any premises in order to her being

 

 

unlawfully carnally known by any man, whether a particular man or not, or is in a brothel, a person is deemed to detain such woman or girl in or upon such premises in order to her being so unlawfully carnally known, or to detain her in such brothel if, with intent to compel or induce her to remain in or upon the premises or in the brothel, he withholds from her any wearing apparel or other property belonging to her, or if, after wearing apparel has been lent or otherwise supplied to the woman or girl by or by the direction of such person or any other person, he threatens the woman or girl with legal proceedings if she takes away with her the wearing apparel so lent or supplied.

 

It is lawful for a woman or girl to take any such wearing apparel as may be necessary to enable her to leave a brothel or any premises in or upon which she is in order to her being unlawfully carnally known by any man.

 

227. Any person who conspires with another to induce any woman or girl, by means of any false pretence or other fraudulent means, to permit any man to have unlawful carnal knowledge of her is guilty of a felony, and is liable to imprisonment for three years.

 

The offender cannot be arrested without warrant.

 

228. Any person who, with intent to procure miscarriage of a woman whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a felony, and is liable to imprisonment for fourteen years.

 

229. Any woman who, with intent to procure her own miscarriage, whether she is or is not with child, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, or permits any such thing or means to be administered or used to her, is guilty of a felony, and is liable to imprisonment for seven years.

 

230. Any person who unlawfully supplies to or procures for any person any thing whatever, knowing that it is intended to he unlawfully used to procure the miscarriage of a woman, whether she is or is not with child, is guilty of a felony, and is liable to imprisonment for three years.

 

The offender cannot be arrested without warrant.

 

231. Any person who-

 

1. wilfully and without lawful excuse does any indecent act in any public place; or

 

2. wilfully does any indecent act in any place with intent to insult or offend any person; is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

232. (Repealed by 1961 No. 51.)

 

233. Except as otherwise expressly stated, it is immaterial, in the case of any of the offences defined in this chapter committed with respect to a woman or girl under a specified age, that the accused person did not know that the woman or girl was under that age, or believed that she was not under that age.

 

233A. (1)        Any person not being a citizen of Nigeria shall, upon conviction of an offence against section 219, 222A, 222B, 223, 225A, or 225B, be liable to be deported by order of the Minister, and the provisions of the Immigration Act shall apply, mutatis mutandis, in the case of a deportation under this section.

 

2. Where any person being a citizen of Nigeria is deported from any British possession to Nigeria under the provisions of any law of such possession and for offences similar to the offences contained in section 219, 222A, 222B, 223, 225A, or 225B, such person may, on arrival in Nigeria, be kept temporarily in custody and returned under police escort to the place in Nigeria to which such person belongs.

 

 

Chapter 21A

 

Obscene Publications

 

 

233B.        In this Chapter-

 

"article" means anything capable of being or likely to be looked at and read or looked at or read, and includes any film or record of a picture or pictures, and any sound records;

 

"distributes" includes circulates, lends, sells, lets on hire or offers for sale or on hire;

 

233C. (1)        An article shall be deemed to be obscene or the purposes of this Chapter if its effects taken as a whole is such as to tend to deprave and corrupt persons who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it.

 

2. The provisions of this section shall extend to any article of two or more distinct items the effect of any one of which is such as to tend to deprave and corrupt; but nothing in this section shall apply to exhibitions in private houses to which the public are not admitted or to anything done in the course of television or sound broadcasting.

 

233D. (1)        Subject to the provisions of this Chapter, any person who, whether for gain or not, distributes or projects any article deemed to be obscene for the purposes of this Chapter, commits an offence punishable on conviction by a fine not exceeding four hundred naira or by imprisonment for a term not exceeding three years or by both.

 

2. A person shall not be convicted of an offence against this section if he proves that he had not examined the article in respect of which he is charged and had no reasonable cause to suspect that it was such that his publication of it would make him liable to be convicted of an offence against this section.

 

3. In any proceedings against a person under this section, the question whether an article is obscene shall be determined without regard to any publication by another person unless it could reasonably have been expected that the publication by the other person would follow from publication by the person charged.

 

4. No prosecution for an offence against this section shall be commenced more than two years after the commission of the offence.

 

233E. (1)        Subject to the provisions of this Chapter, if a magistrate is satisfied by information on oath that there is reasonable ground for suspecting that articles deemed to he obscene for the purposes of this Chapter are, or are from time to time, kept for publication for gain in any premises or on any stall or vehicle in the State, the magistrate may issue a warrant under his hand empowering any constable to enter (if need he by force) and search the premises, or to search the stall or vehicle, within fourteen days -from the date of the warrant, and to seize and remove any articles found therein or thereon which the constable has reason to believe to be obscene articles for the purposes of this Chapter and to be kept for publication for gain.

 

2. A warrant under subsection (1) of this section shall, if any obscene articles are seized under the warrant, also empower the seizure and removal of any documents found in the premises or, as the case may be, on the stall or vehicle which relate to a trade or business carried on at the premises or from the stall or vehicle.

 

3. Articles seized under subsection (1) of, this section may be brought before the magistrate who issued the warrant or before any other magistrate, and the magistrate before whom the articles are brought may thereupon issue a summons to the occupier of the premises, or, as the case may be, the user of the stall or vehicle to appear on a day specified in the summons before a magistrate's court to show cause why the articles or any of them should not be, forfeited. If the court is satisfied, as respects any of the articles, that at the time when they were seized they were obscene articles kept for publication for gain, the court shall order those articles to be forfeited; but no order shall be made

 

 

under this subsection in default of appearance by the person summoned unless service of the summons is proved.

 

4. In addition to the person summoned, any other person being the owner, author or maker of any of the articles brought before the court, or any other person through whose hands they had passed before being seized, shall be entitled to appear before the court on the day specified in the summons to show cause why they should not be forfeited.

 

5. Where an order is made under this section for the forfeiture of any articles, any person who appeared, or was entitled to appear, to show cause against the making of the order may appeal to the High Court; and no such order shall take effect until the expiration of fourteen days after the day on which the order is made, or, if before the expiration thereof notice of appeal is duly given, until the final determination or abandonment of the proceedings on the appeal.

 

6. If as respects any articles brought before it the court does not order forfeiture, the court may if it thinks fit order the person on whose information the warrant for the seizure of the articles was issued to pay such costs as the court thinks reasonable to any person who has appeared before the court to show cause why those articles should not be forfeited; and costs ordered to be paid under this subsection shall be enforceable as a civil debt.

 

7. For the purposes of this section, the question whether an article is obscene shall be determined on the assumption that copies of it would be published in any manner likely having regard to the circumstances in which it was found, but in no other manner.

 

8. Nothing in this section shall be construed to preclude the making of any order for the purposes of section 263 of the Criminal Procedure Act (which relates to disposal of property produced before a court).

 

233F. (1)        No person shall be convicted of an offence against this Chapter, and no order for forfeiture shall be made if it is proved that publication of the article in question is justified as being for the public good on the ground that it is in the interests of science, literature, art or learning, or of other objects of general concern.

 

2. It is hereby declared that the opinion of experts as to the literary, artistic, scientific or other merits of an article may be admitted in any proceedings under this Chapter either to establish or to negative the said ground.

 

 

Chapter 22

 

Nuisances; Gaming Houses; Lotteries; Misconduct relating to Corpses

 

 

234. Any person who-

 

1. obstructs any highway, by any permanent work or erection thereon or injury thereto, which renders the highway less commodious to the public than it would otherwise be; or

 

2. prevents the public from having access to any part of a highway by an excessive and unreasonable temporary use thereof, or by so dealing with the land in the immediate neighbourhood of the highway as to prevent the public from using and enjoying it securely; or

 

3. does not repair a highway which he is bound to repair; or

 

4. does not repair a bridge which he is bound to repair; or

 

5. wilfully diverts or obstructs the course of any navigable river so as appreciably to diminish its convenience for purposes of navigation; or

 

 

6. does any act not warranted by law, or omits to discharge any legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to the public;

 

is guilty of a misdemeanour, and is liable to imprisonment for two years. It is immaterial whether the act complained of is convenient to a larger number of the public than it inconveniences but the fact that the act complained of facilitates the lawful exercise of their rights by a part of the public may show that it is not a nuisance to any of the public.

 

The owner of a vessel wrecked in a navigable river is not guilty of a common nuisance because he does not remove it.

 

235. (Repealed by No. 20 of 1944).

 

236. (1)A person being the owner or occupier, of having the use of, any house, room or place, who shall open, keep or use the same for the purpose of unlawful gaming being carried on therein, and any person, who, being the owner or occupier of any house, room or place, shall knowingly and wilfully permit the same to be opened, kept or used by any other person for the purpose aforesaid, and any person having the care or management of or in any manner assisting in conducting the business of any house, room or place opened, kept or used for the purpose aforesaid, is said to keep a common gaming house.

 

2. In this section, "unlawful gaming" includes roulette, every game of dice except backgammon, every game of cards which is not a game of skill, the game known as chacha and other games of cowries, and any game the chances of which are not alike favourable to all the players including the banker or other person or persons by whom the game is managed or against whom the other players stake, play or bet.

 

3. Any person who keeps a common gaming house is guilty of a misdemeanour and is liable to a fine of one thousand naira or imprisonment for two years or to both such fine and imprisonment.

 

4. Any person other than the persons mentioned in subsection (1) who is found in a common gaming house shall be deemed, unless the contrary is proved, to be there for the purpose of unlawful gaming and shall be guilty of an offence and shall be liable to a fine of ten naira for the first offence and for each subsequent offence to a fine of forty naira or imprisonment for three months or to both such fine and imprisonment.

 

237. (1)A superior police officer or an administrative officer in charge of police, if he has reasonable grounds for believing that any house, room or place is kept as a common gaming house, may by order in writing authorise any police officer to enter and search such house, room or place at any time and if necessary, to use force for the purpose of effecting such entry, whether by breaking open doors or otherwise, and to arrest all persons who shall be found therein, and to seize all instruments of gaming found in such house or premises, and also to seize all money found therein.

 

2. Where a police officer so authorised to enter any house, room or place is wilfully prevented from or obstructed or delayed in entering the same or any part thereof, or where any external or internal door of, or means of access to, any such house, room or place shall be found to be fitted or provided with any bolt, bar, chain or any means or contrivance for the purpose of preventing, delaying or obstructing the entry into the same or any part thereof of any police officer authorised as aforesaid or for giving an alarm in the case of such entry, or if any such house, room or place is found fitted or provided with any means or contrivance for Unlawful gaming or with any means of contrivance for concealing, removing or destroying any instruments of gaming, it shall be evidence until the contrary he proved, that such house, room or place is used as a common gaming house within the meaning of the last preceding section and that the persons found therein were unlawfully playing therein.

 

238. Any person who shall be called to give evidence against any other person charged under the provisions of section 236 shall be freed from all criminal prosecution in respect of the offence with which such other person is charged or any other offence under section 236.

 

239. Any house, room, or place, which is used for any of the following purposes-

 

 

 

1. for the purpose of bets being made therein between persons resorting to the place and

 

1. the owner, occupier, or keeper of the place, or any person using the place; or

 

2. any person procured or employed by or acting for or on behalf of any such owner, occupier, or keeper, or person using the place; or

 

3. any person having the care or management, or in any manner conducting the business, of the place; or

 

2. for the purpose of any money or other property, being paid or received therein by or on behalf of any such, owner, occupier, or keeper, or person using the place as, or for the consideration-

 

4. for an assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or other property on any event or contingency of or relating to any horse race, or other race, fight, game, sport, or exercise; or

 

5. for securing the paying or giving by some other person of any money or other property on any such event or contingency, is called a common betting house.

 

Any person who, being the owner or occupier of any house, room, or place, knowingly and wilfully permits it to be opened, kept, or used, as a common betting house by another person, or who has the use or management, or assists in conducting the business of a common betting house is guilty of a misdemeanour, and is liable to imprisonment for one year, and to a fine of one thousand naira:

 

Provided always that nothing herein contained shall make illegal the use of a totalisator by a race club recognised by the Government, at a race meeting, with the approval in each case, of the superintendent of police in charge of the area where the meeting is held. In this proviso "totalisator" means and includes the instrument, machine, or contrivance, commonly known as the totalisator, and any other instrument, machine, or contrivance of a like nature, or any scheme for enabling any number of persons to make bets with one another on the like principles.

 

239A. (1)(2)- (Inserted by 44 of 1958 repealed by 1961 No. 69.)

 

3. For the purpose of section 239 any house, room or place which is used for the purposes of a licensed pool betting business shall not be deemed to be a common betting house by reason only that it is so used.

 

4. (Inserted by 44 of 1958, repealed by 1961 No. 69.)

 

239B.        (Inserted by 44 of 1958, repealed by 1961 No. 69).

 

240. In this chapter-

 

"lottery" includes any game, method or device whereby money or money's worth is distributed or allotted in any manner depending upon or to be determined by chance or lot;

 

"lottery ticket" includes any paper, ticket, token or other article whatsoever, which either expressly or tacitly entitles or purports to entitle any person to receive any money or money's worth on the happening of any event or contingency connected with any public lottery;

 

"public lottery" means a lottery to which the public or any class of the public has, or may have, access, and every lottery shall, until the contrary is proved, be deemed to be a public lottery.

 

240A.        Every person who-

 

1. gives or sells or offers for sale or delivers any lottery ticket or pays or receives directly or indirectly any money or money's worth for or in respect of any chance in or event or contingency connected with a public lottery; or

 

 

 

2. draws, throws, declares or exhibits, expressly or otherwise the winner or winning number, ticket, lot, figure, design, symbol, or other result of any public lottery; or

 

3. writes, prints, publishes, or causes to be written, printed, or published, any lottery ticket, or any announcement relating to a public lottery; or

 

4. advances, furnishes, or receives money for the purpose of a public lottery; or

 

5. in any manner carries on, or assists in carrying on, or invites or solicits any person to take part in, a public lottery,

 

shall be liable to a fine not exceeding one hundred naira or to imprisonment for a period not exceeding six months.

 

240B.        Any money or money's worth paid or deposited for or in respect of the purchase of a lottery ticket shall be recoverable as money had and received to the use of the person by whom the same was paid or deposited.

 

240C.        Every sale or contract for the sale of a lottery ticket is hereby declared to be void, and no action shall be maintainable by any person in respect of any such sale or contract, except by the purchaser for the return of the money or other consideration (if any) paid thereon.

 

240D. (1)        Nothing in this Chapter contained shall apply to any lottery or sweepstake organised and controlled by any race club in Nigeria to which a Minister may by notice in the Federal Gazette extend the provisions of this- section, at or in connection with any race meeting held under the auspices of any such club or association.

 

2. Nothing in this Chapter contained shall apply to or prevent the sale by raffle or lottery of articles exposed for sale at any bazaar or fancy fair held for raising funds in aid of any institution of a public character provided that permission for such sale shall have been given in writing by the Minister.

 

240E. (1)        A Minister may grant to any club a licence authorising a lottery to be promoted and carried on, subject to any conditions contained in the licence, as an incident of entertainment by members of the club on the premises of the club.

 

2. It shall be a condition of every licence granted to a club under subsection (1) in respect of a lottery that only members of the club and their guests introduced in accordance with the rules of the club shall have access to the lottery.

 

3. A lottery promoted and carried on in a club in accordance with the terms of a licence issued under this section shall not be deemed to be a public lottery.

 

4. When any condition of a licence granted under this section is contravened, every person concerned in the promotion or carrying on of the lottery shall be guilty of an offence, unless he proves that the contravention was committed without his knowledge, and shall be liable on summary conviction to a fine of forty naira or to imprisonment for four months.

 

241. Any person who appears, acts, or behaves, as master or mistress, or as the person having the care or management of any such premises, house, room, set of rooms, or place, as is mentioned in section 225B, 236 or 239, is to be taken to be the keeper thereof, whether he is or is not the real keeper.

 

242. Any person who-

 

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

 

1. neglects to perform any duty imposed upon him by law, or undertaken by him, whether for reward or otherwise, touching the burial or other disposition of a human body or human remains; or

 

 

2. improperly or indecently interferes with, or offers any indignity to, any dead human body or human remains, whether buried or not;

 

2. eats or receives for the purpose of eating any part of a dead human body; is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

Chapter 23

 

Offences against Public Health

 

 

243. (1)Any person who sells, as food or drink, or has in his possession with intent to sell it as food or drink, any article which has been rendered or has become noxious, or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as food or drink, or is in a state unfit for food or drink is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

2. Any person who adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such article as food or drink, or knowing it to be likely that the same will be sold as food or drink, is guilty of a misdemeanour, and is liable to imprisonment for one year.

 

244. Any person who--

 

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

 

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

 

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

 

245. Any person who corrupts or fouls the water of any spring, stream, well, tank, reservoir, or place, so as to render it less fit for the purpose for which it is ordinarily used, is guilty of a misdemeanour, and is liable to imprisonment for six months.

 

246. Any person who without the consent of the President or the Governor buries or attempts to bury any corpse in any house, building, premises, yard, garden, compound, or within a hundred yards of any dwelling-house, or in any open space situated within a township, is guilty of a misdemeanour, and is liable to imprisonment for six months.

 

247. Any person who-

 

1. vitiates the atmosphere in any place so as to make it noxious to the health of persons in general dwelling or carrying on business in the neighbourhood, or passing along a public way; or

 

2. does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, whether human or animal;

 

is guilty of a misdemeanour, and is liable to imprisonment for six months.

 

248. Any person who-

 

1. sells or has in his possession for the purposes of sale any matches made with white (yellow) phosphorus; or,

 

2. uses white (yellow) phosphorus in the manufacture of matches; is guilty of an offence and liable to a fine of twenty naira, and any matches in respect of which the offence shall have been committed shall he forfeited.

 

 

 

Chapter 24

 

Idle and Disorderly Persons; Rogues and Vagabonds; Bringing Contempt on Uniform

 

 

249. The following persons-

 

1. every common prostitute-

 

1. behaving in a disorderly or indecent manner in any public place;

 

2. loitering and persistently importuning or soliciting persons for the purpose of prostitution;

 

2. every person wandering or placing himself in any public place to beg or gather alms, or causing or procuring or encouraging any child or children so to do;

 

3. every person playing at any game of chance for money or money's worth in any public place; and

 

4. every person who, in any public place, conducts himself in a manner likely to cause a breach of the peace,

 

shall be deemed idle and disorderly persons, and may be arrested without warrant, and shall be guilty of a simple offence, and shall be liable to imprisonment for one month.

 

250. The following persons-

 

1. every person convicted of an offence under the last preceding section after having been previously convicted as an idle and disorderly person;

 

2. every person wandering abroad and endeavouring by the exposure of wounds or deformation to obtain or gather alms;

 

3. every person going about as a gatherer or collector of alms, or endeavouring to procure charitable contributions of any nature or kind, under any false or fraudulent pretence;

 

4. every suspected person or reputed thief who has no visible means of subsistence and cannot give a good account of himself;

 

5. every person who exercises control, direction or influence over the movements of a prostitute in such a manner as to show that he is aiding, abetting, or controlling, her prostitution with any man, whether a particular man or not;

 

6. every person found wandering in or upon or near any premises or in any road or highway or any place adjacent thereto or in any public place at such time and under such circumstances as to lead to the conclusion that such person is there for an illegal or disorderly purpose; shall be deemed to be a rogue and vagabond, and is guilty of a misdemeanour, and is liable on summary conviction for the first offence to imprisonment for three months, and for every subsequent offence to imprisonment for one year.

 

An offender may be arrested without warrant.

 

251. Any person who, not being a person serving in any of the armed or police forces of Nigeria, wears the uniform of any of these forces, or any dress having the appearance or bearing any of the regimental or other distinctive marks of any such uniform, in such manner or in such circumstances as to be likely to bring contempt on that uniform, or employs any other person so to wear such uniform or dress, is guilty of a simple offence, and is liable to imprisonment for three months or to a fine of forty naira.