PART 7

Part 7

 

Miscellaneous Offences

 

Chapter 50

 

Cruelly to Animals

 

495. (1)Any person who--

 

1. cruelly beats, kicks, ill-treats, overrides, over-drives, over-loads, tortures, infuriates, or terrifies any animal, or causes or procures, or, being the owner, permits any animal to he so used; or

 

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

 

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

 

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

 

5. subjects, or causes or procures, or, being the owner, permits, to subjected, any animal to any operation which is performed without due care and humanity; or

 

6. causes. or procures, or assists at the fighting or baiting of any animal, or keeps, uses, manages, or acts or assists in the management of, any premises or place for the purpose, or partly for the purpose, of fighting or baiting any animal, or permits any place to be so kept, managed or used, or receives or causes or procures any person to receive money for the admission of any person to such premises or place,

 

is guilty of an offence of cruelty and is liable to imprisonment for six months or to a fine of fifty naira, or to both such imprisonment and fine.

 

2. For the purposes of this section, an owner shall he deemed to have committed cruelty within the meaning of this Chapter if he shall have failed to exercise reasonable care and supervision in respect of the protection of the animal therefrom:

 

Provided that, when an owner is convicted of permitting cruelty within the meaning of this Chapter by reason only of his having failed to exercise such care and supervision, he is not liable to imprisonment without the option of a fine.

 

3. Nothing in this Chapter shall apply-

 

 

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

 

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

 

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

 

497. If the owner of any animal shall be guilty of cruelty within the meaning of this Chapter to any animal, the court upon his conviction thereof, may if it thinks fit, in addition to any other punishment, deprive such person of the ownership of the animal, and may make such order as to the disposal of the animal as it may think fit:

 

Provided that no order shall be made under this section, unless it is shown by evidence as to a previous conviction, or as to the character of the owner, or otherwise, that the animal, if left with the owner, is likely to be exposed to further cruelty.

 

498. When a person in charge of an animal or vehicle is arrested it shall be lawful for any police officer to take charge of such animal or vehicle and to deposit the same in a place of safe custody until the termination of the proceedings or until the court shall direct such animal or vehicle to be delivered to the person charged or to the owner, and the reasonable costs of such detention, including the reasonable costs of any veterinary treatment shall, in the event of a conviction in respect of the animal, be paid by the owner, and such costs may be recovered in like manner as a fine.

 

499. In this Chapter, unless the context otherwise requires-"animal" means any domestic or captive animal;

 

"captive animal" means any animal (not being a domestic animal) of whatsoever kind or species, including any bird, fish or reptile, which is in captivity, or confinement, or which is maimed, pinioned or subjected to any appliance or contrivance for the purpose of hindering or preventing its escape from captivity or confinement;

 

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

 

Chapter 51

 

Miscellaneous offences in relation to Ships and Wharves

 

500. In this Chapter, unless the context otherwise requires-

 

"crew" includes masters, mates, pilots, engineers, stokers, deckhands and all persons engaged in the navigation or service of the ship;

 

"Government" means the government of the Federation and includes a State government;

 

"passenger steamer" means every steamship carrying one or more persons other than the crew, and the owner, his family, friends and servants;

 

"ship" includes every description of vessel in the service of the Government and every passenger steamer employed in local navigation on the inland and territorial waters of Nigeria.

 

 

501. (1)If any of the following offences is committed on any ship-

 

1. if any person being drunk or disorderly has been on that account refused admission thereto by any duly authorised member of the crew and nevertheless persists in. attempting to enter the ship;

 

2. if any person being drunk or disorderly on board the ship is requested by any duly authorised member of the crew to leave the ship at any place at which he can conveniently do so, and does not comply with the request;

 

3. if any person on board the ship, after warning by any duly authorised member of the crew molests or continues to molest any passenger;

 

4. if any person shall obstruct, impede or molest the crew or any member of them in the navigation or management of the ship;

 

5. if any person, after having been refused admission to the ship by any duly authorised member of the crew on account of the ship being full, persists in attempting to enter the ship;

 

6. if any person having gone on board the ship at any place and being requested, on account of the ship being full, by any duly authorised member of the crew to leave the ship, before it has quitted that place, does not comply with that request;

 

7. if any person travels or attempts to travel in the ship without first paying his fare and with intent to avoid payment thereof,

 

8. if any person having paid his fare for a certain distance, knowingly and wilfully proceeds in the ship beyond that distance without first paying the additional fare for the additional distance, and with intent to avoid payment thereof;

 

9. if any person on arriving in a ship at the point to which he has paid his fare knowingly and wilfully refuses or neglects to quit the ship;

 

10. if any person on board the ship fails when requested by any duly authorised member of the crew either to pay his fare or exhibit such ticket or other receipt, if any, showing the payment of his fare, as is usually given to persons travelling by and paying their fare on the ship;

 

11. if any person travels or attempts to travel in that part of a ship which is set apart for passengers of a superior class to that for which he holds a ticket;

 

12. if any person travels or attempts to travel in any ship or part of a ship which is not set apart for public passengers and on being ordered by any duly authorised member of the crew to leave such place refuses so to do; the person so offending shall for such offence be liable to a fine of ten naira but that liability shall not prejudice the recovery of any fare payable by him.

 

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

 

2. Any person who commits an offence against this section and on the application of the officer or quartermaster in charge of the ship, refuses to give his name and address, or gives a false name or address, shall be liable to a fine of forty naira.

 

502. (1)Any person who-

 

13. not being a passenger by a ship or not having purchased a ticket to travel by a ship enters upon any enclosed quay, wharf, or landing place, and on being ordered to leave such quay, wharf, or landing place by any servant of the Nigerian Ports Authority or person in charge of such quay, wharf, or landing place or any police officer refuses to do so; or

 

 

2. not being a passenger by a ship or not having purchased a ticket to travel by a ship attempts to enter upon any enclosed quay, wharf or landing place, and on being ordered to desist by any servant of the Nigerian Ports Authority or person in charge of such quay, wharf or landing place, or any police officer persists in so doing;

 

is guilty of a simple offence and is liable to a fine of four naira or in default to imprisonment for one month.

 

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

 

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

 

504. For the purpose of giving jurisdiction under this Chapter, every offence shall be deemed to have been committed and every cause of complaint to have arisen either in the district in which the same actually was committed or arose, or in any district in which the offender or person complained against is or may he found.

 

 

Chapter 52

 

Offences by Members of a Crew

 

 

505. In this Chapter unless the context otherwise requires- "Government" means the government of the Federation and includes a State government;

 

"ship" includes every description of vessel used in inland navigation or in the service of the Government, but does not include-

 

1. ocean-going ships not in the service of the Government; or

 

2. vessels or canoes of local manufacture;

 

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

 

506. A person serving in the crew of a ship shall complete any voyage the ship may be engaged in making when the period of his engagement expires:

 

Provided that the person serving after the term of his agreement has expired shall be paid up to the date of the termination of the voyage, at the rate stipulated for under the terms of the agreement under which he is serving.

 

507. (1)Any person who-

 

1. having entered into an agreement to serve in the crew of any ship fails to enter upon his employment; or

 

2. being a member of the crew of any ship,

 

1. deserts or without leave or lawful cause absents himself from duty;

 

2. is intoxicated during working hours;

 

 

3. refuses without reasonable excuse therefor to obey the order of any person in authority over him;

 

4. uses abusive or insulting language to any person in authority over him;

 

5. wilfully does any act tending to the loss of or damage or serious risk to his employers' property;

 

6. refuses or omits without reasonable cause to do any act proper and requisite to be done by him for preserving his employers' property;

 

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

 

2. Any person serving in the crew of any ship who combines with any of the crew to disobey lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the voyage shall be liable to imprisonment for three months.

 

3. The offender may be tried in any place where he is or to which he may be brought.

 

4. A master or person in charge of an ocean-going ship may inquire into any offence under this section, and may impose upon the offender a fine not exceeding ten naira to be levied by stoppage from the offender's wages.