PART 8

Part 8

 

Preparation to Commit Offences: Conspiracy: Accessories after the Fact

 

 

Chapter 53

 

Attempts, Incitements, and Preparations to Commit Offences: Neglect to prevent Commission of Felony

 

 

  1. Any person who attempts to commit a felony or misdemeanour is guilty of an offence, which, unless otherwise stated, is a misdemeanour.

 

  1. Any person who attempts to commit a felony of such a kind that person convicted of it is liable to the punishment of death or of imprisonment for a term of fourteen years or upwards, with or without other punishment, is guilty of a felony, and is liable, if no other punishment is provided, to imprisonment for seven years.

 

Any person who attempts to commit a felony of any other kind is liable, if no other punishment is provided, to a punishment equal to one-half of the greatest punishment to which an offender convicted of the felony which he attempted to commit is liable.

 

  1. Any person who attempts to commit a misdemeanour is liable if no other punishment is provided, to a punishment equal to one-half of the greatest punishment to which an offender convicted of the offence which he attempted to commit is liable.

 

  1. Any person who attempts to commit a simple offence is liable, if no other punishment is provided, to one-half of the greatest punishment to which an offender convicted of the offence which he attempted to commit is liable.

 

  1. When a person is convicted of attempting to commit an offence, if it is proved that he desisted of his own motion from the further prosecution of his intention, without its fulfilment being prevented by circumstances independent of will, he is liable to one-half only of the punishment to which he would otherwise be liable. If that punishment is imprisonment for life, the greatest punishment to which he is liable is imprisonment for seven years.

 

 

  1. (1)Any person who attempts to procure another to do an act or make an omission of such a nature that if he himself were to do the act or make the omission he would be guilty of an offence, is himself to be deemed guilty of attempting to commit such offence and to be punishable accordingly.

 

  1. Any person who while in Nigeria attempts to procure another to do an act or make an omission at a place not in Nigeria of such a nature--

 

  1. that if he were himself to do the act or make the omission in Nigeria he would he guilty of an offence; and

 

  1. that if he were himself to do the act or make the omission at the place where the act or omission is proposed to be done or made he would himself be guilty of an offence under the laws in force at that place, is guilty of an offence of the same kind and is liable to the same punishment as if he were himself to attempt to do the same act or make the same omission in Nigeria.

 

  1. Any person who makes or knowingly has in his possession any explosive substance, or any dangerous or noxious engine, instrument, or thing whatever, with intent by means thereof to commit, or for the purpose of enabling any other person by means thereof to commit, any felony, is guilty of a felony, and is liable to imprisonment for three years.

 

  1. Every person who, knowing that a person designs to commit or is committing a felony, fails to use all reasonable means to prevent the commission or completion thereof, is guilty of a misdemeanour, and is liable to imprisonment for two years.

 

 

Chapter 54

 

Conspiracy

 

 

  1. Any person who conspires with another to commit any felony, or to do any act in any part of the world which if done in Nigeria would be a felony, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a felony, and is liable, if no other punishment is provided, to imprisonment for seven years, or, if the greatest punishment to which a person convicted of the felony in question is liable is less than imprisonment for seven years, then to such lesser punishment.

 

516A. (1)        Any person who while in a State conspires with another to do any act not in the State which if done in the State would be a felony against the law of the State and which is an offence against the law of the place where it is proposed to be done, is guilty of a felony and is liable, if no other punishment is provided, to imprisonment for seven years, or, if the greatest punishment to which a person convicted of the felony in question is liable is less than imprisonment for seven years, then to such lesser punishment.

 

  1. In this section and section 517A "law of a State" has the meaning assigned to it in section 10A of this code.

 

  1. Any person who conspires with another to commit any offence which is not a felony, or to do any act in any part of the world, which if done in Nigeria would be an offence but not a felony, and which is an offence under the laws in force in the place where it is proposed to be done, is guilty of a misdemeanour and is liable to imprisonment for two years.

 

The offender cannot be arrested without warrant.

 

517A.        Any person who while in a State conspires with another to do any act not in the State which if done in the State would be an offence against the law of the State (other than a felony) and, which is an offence against the law of the place where it is proposed to be done is guilty of a misdemeanour and is liable to imprisonment for two years.

 

The offender cannot be arrested without warrant.

 

 

  1. Any person who conspires with another to effect any of the following purposes-

 

  1. to prevent or defeat the execution or enforcement of any Act, Law, Statute, or Order; or

 

  1. to cause any injury to the person or reputation of any person, or to depreciate the value of any property of any person; or

 

  1. to prevent or obstruct the free and lawful disposition of any property by the owner thereof for its fair value; or

 

  1. to injure any person in his trade or profession; or

 

  1. to prevent or obstruct, by means of any act or acts which if done by an individual person would constitute an offence on his part, the free and lawful exercise by any person of his trade, profession, or occupation; or

 

  1. to effect any unlawful purpose; or

 

  1. to effect any lawful purpose by any unlawful means;

 

is guilty of a misdemeanour, and is liable to imprisonment for two years. An offender cannot be arrested without warrant.

 

518A. (1)        The provisions of sections 516 to 518 shall not apply to an agreement or combination of two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute if such act committed by one person would not he punishable as an offence: Provided that nothing in this section shall exempt from punishment any persons guilty of a conspiracy for which a punishment is provided by any other enactment:

 

And provided further that nothing in this section shall affect the law relating to riot, unlawful assembly, breach of the peace, or sedition, or any offence against the State.

 

  1. For the purposes of this section-

 

"offence" does not include an offence punishable only by a fine; and

 

"trade dispute" has the same meaning as in the Trade Unions Act. CHAPTER 55-Accessories after the Fact

 

  1. Any person who becomes an accessory after the fact to a felony is guilty of a felony, and is liable, if no other punishment is provided, to imprisonment for two years.

 

  1. Any person who becomes an accessory after the fact to a misdemeanour is guilty of a misdemeanour, and is liable to a punishment equal to one-half of the greatest punishment to which the principal offender is liable on conviction.

 

  1. Any person who becomes an accessory after the fact to a simple offence is guilty of a simple offence, and is liable to a punishment equal to one-half of the greatest punishment to which the principal offender is liable on conviction.

 

Federal Sections

 

See Preface

 

The following sections of the Criminal Code are, in the opinion of the Committee, purely Federal-

 

12

49A

233A

13

49B

345

14

49C

449

20

58

454

38

78

459

44

79

459A

45

87

459B

46

146-189

460

46A

190A

482

47

194

483

48

195

491

49

196

492-493

 

 

 

 

Subsidiary Legislation

 

 

List of Subsidiary Legislation PAGE

 

 

  1. Prohibited Publications Orders 3300.

 

  1. Unlawful Societies Order 3303

 

  1. Witchcraft and Juju Order 3304

 

  1. Race Club Lotteries and Sweepstakes Notices 3306

 

 

Prohibited Publications Orders

 

Under section 58(1) of the Criminal Code

 

  1. This Order may be cited as the Prohibited Publication ("For a Pan-African Trade Union Conference") Order.

 

  1. The importation into Nigeria of a publication purporting to he issued by the World Federation of Trade Unions and entitled "For a Pan-African Trade Union Conference" is hereby prohibited.

 

  1. This Order may be cited as the Prohibition of Publications (Film: "The Road to Peace") Order.

 

  1. The importation into Nigeria of a publication purporting to be issued by the World Peace Council and entitled "The Road to Peace" is hereby prohibited.

 

  1. This Order may be cited as the Criminal Code (Prohibited Publication) Order.

 

  1. The importation into Nigeria of the following publication, that is to say, the cinematograph film entitled "Song of the Rivers" is hereby prohibited.

 

  1. This Order may be cited as the Criminal Code (Prohibited Importations) Order.

 

 

  1. The importation into Nigeria of-

 

  1. any of the publications specified in Part A of the Schedule to this Order; and

 

  1. any past or future issue of the periodical publications specified in Part B of the Schedule to this Order, is hereby prohibited.

 

Part A

 

 

Publication        Publisher

 

This the I.U.S., 1953.        International Union of Students.

 

For Real Social Security.        World Federation of Trade Unions.

 

Terror in Kenya.        W.F.T.U. Publications Ltd., London.

 

For Peace and Friendship: The Work of the Third        "World Youth" Magazine, Organ of the World

 

World Youth Congress.        Federation of Democratic Youth.

 

The Colonies. The Way Forward.        The Communist Party, London- November, 1944.

 

Work with the Masses.        W.F.T.U. Publications Ltd., London, W.C.2.

 

Under the Banner of Unity and International Solidarity.        W.F.T.U. Publications Ltd., London, W.C.2.

 

Defend Trade Union Rights.        Published in September, 1952, by W.F.T.U.

 

Publications Ltd., London, W.C.2.

 

 

Report of the Commission of the Women's International Democratic Federation in Korea, May 16th to 27th, 1951.

 

The Mask is Off.

 

The Right to Live.

 

Kenya under the Iron Heel.

 

Women's International Democratic Federation, Berlin, Germany.

 

Thames Publications Ltd., England.

 

Kenya Committee, 86 Rochester Row, London, S.W. I.

 

Movement for a Democracy of Content, Contemporary Press, 26 Heber Road, London, N.W.2.

 

 

 

Part B

 

 

World Youth.        World Federation of Democratic Youth/World Youth,

 

Budapest, Hungary.

 

Information Service, World Federation of Democratic        World Federation of Democratic Youth/World Youth,

 

Youth.        Budapest, Hungary.

 

Press Communique, World Federation of Democratic        World Federation of Democratic Youth/World Youth,

 

Youth.        Budapest, Hungary.

 

Annual Diary.        World Federation of Democratic Youth/World Youth,

 

Budapest, Hungary.

 

News Service, International Union of Students.        Press and Information Department, International Union

 

of Students, Prague, Czechoslovakia.

 

Information Service, International Union of Students.        International Union of Students, Prague,

 

Czechoslovakia.

 

Press Communique, International Union of Students.        International Union of Students, Prague,

 

Czechoslovakia.

 

World Student News.        International Union of Students, Prague,

 

Czechoslovakia.

 

Annual Diary.        International Union of Students, Prague,

 

Czechoslovakia.

 

Czechoslovakia Information Bulletin.        Central Council of Trade Unions, Prague,

 

Czechoslovakia.

 

World Trade Union Movement.        World Federation of Trade Unions Publications Ltd.,

 

London, W.C.2.

 

Information Bulletin.        International of Agricultural and Forestry Workers

 

 

 

 

Special Information Bulletin published by Women's International Democratic Federation.

Women of the Whole World.

 

Africa News Letter.

 

Africa Bulletin.

 

21st February (Special News paper for the 21st February).

 

Article Service, World Federation of Democratic Youth.

 

For a Lasting Peace for a People's Democracy.

 

Information Bulletin of the Hungarian Trade Unions.

 

Festival.

 

Trade Unions and Working Peasants Organisations, Rome, Italy.

 

Women's International Democratic Federation, Berlin, Germany.

Women's International Democratic Federation, Berlin, Germany.

 

Africa Committee of the Communist Party, London, W.C.2.

 

M. Basset, London, N.W.3.

 

World Federation of Democratic Youth, Budapest,

 

Hungary.

 

World Federation of Democratic Youth, Budapest,

 

Hungary.

 

Information Bureau of the Communist and Workers'

 

Parties, Bucharest, Rumania.

 

The Central Council of Hungarian Trade Unions,

 

Budapest, Hungary.

 

Newspaper of the International Prepatory Committee.

 

 

 

  1. The importation into Nigeria of the magazine entitled the "Peking Review", a weekly magazine of Chinese news and views, is hereby prohibited.

 

  1. This Order may be cited as the Criminal Code (Prohibited Importations) Order.

 

 

 

Unlawful Societies Order

 

under section 62(2)(ii) of the Criminal Code Act

 

The following societies are hereby declared to be dangerous to the good government of Nigeria-

 

  1. The society known as "Akpambe".

 

  1. The society known as "Ukikwe".

 

  1. The society known as "Ogrinia".

 

  1. The society known as "Ekpa". 42 of 1948.

 

  1. The society now operating in the ljebu Province and purporting to operate under the style of Majeobaje or Majekobaje.

 

The following societies are hereby declared for the purposes of Chapter 9 of the Criminal Code to be societies dangerous to the good government of Nigeria-

 

  1. The society commonly known as the Zikist Movement.

 

  1. The society commonly known as Gbogbo Agbaiye.

 

  1. The society commonly known as Aiye Peju.

 

  1. The society commonly known as the Union des Populations du Cameroun.

 

  1. The society commonly known as the Cameroons Democratic Youth but with the alternative French title Jeunesse Democratique Camerounaise.

 

 

  1. The society commonly known as the Kamerun Women's Democratic Union but with the alternative French title Union des Femmes Camerounaises.

 

The society commonly. known as the "Sawaba Party" or alternatively Parti Sawaba.

 

 

 

Witchcraft and Juju Order

 

under sections 207(2) and 210(f)

 

The worship or invocation of the jujus hereinafter mentioned is hereby prohibited-

 

  1. The juju commonly called Sopono, the god of smallpox;

 

  1. The juju commonly called Chuku, or the Long Juju;

 

  1. The juju commonly called Obonorio or Obonorie;

 

  1. The juju commonly called Iffalluni;

 

  1. The juju commonly called Afa;

 

  1. The juju known as Akpakpage, situated in the town of Asagba in the Warri Province;

 

  1. The juju commonly known as Nwadiani;

 

  1. The jujus known as Abara (Agbara, Abala) or Igwe and Raba.

 

  1. The juju commonly called Nwa-Chuku or Onyilora.

 

  1. The juju commonly called Odene.

 

  1. The juju known as Onene.

 

The making, use or possession of the drum known as the Ikoro drum, which is believed to be associated with human sacrifice or other unlawful practice, is hereby prohibited.

 

  1. The worship or invocation of the juju known as "Nyambuan" is hereby prohibited.

 

  1. The making, use, or possession of any drug, charm or other article associated with the cult of the juju "Nyambuan" is hereby prohibited.

 

  1. The worship or invocation of the juju known as "Mam" is hereby prohibited.

 

  1. The making, use, or possession of any drug, charm or other article associated with the cult of the juju "Mam" is hereby prohibited.

 

  1. The worship or invocation of the jujus known as "Chikelagulu" and "lyiakpu" is hereby prohibited.

 

  1. The making, use, or possession of any drug, charity or other article associated with the cult of the jujus "Chikelagulu" or "lyiakpu" is hereby prohibited.

 

  1. The worship or invocation of the juju known as "Ofufe" is hereby prohibited.

 

  1. The making, use, or possession-of any drug, charm or other article associated with the cult of the juju "Ofufe" is hereby prohibited.

 

  1. This Order may be cited as the Prohibited Juju (Atinga) Order.

 

 

  1. The worship or invocation of the juju known as "Atinga" is hereby prohibited.

 

  1. The making, use, or possession of any drug, charm or other article associated with the cult of the juju known as "Atinga" is hereby prohibited.

 

  1. This Order may be cited as the Prohibited Juju (Angulama-nom- awo) Order.

 

  1. The worship or invocation of the juju known as "Angulama-nom-awo" is hereby prohibited.

 

  1. The making, use or possession of any drug, charm, image or other article whatsoever which is associated with the invocation or cult of the juju "Angulama-nom-awo" is hereby prohibited.

 

Race Club Lotteries and Sweepstakes Notices

 

under section 240D(I) of the Criminal Code Act

 

In accordance with the powers vested in him by section 240D(I) of the Criminal Code Act the

 

Governor has extended the provisions of the said section to the following race club:

 

The Lagos Race Club.

 

 

  • Schedule 3 to the Quarries Act 1969 purports to amend this section by inserting the words "or quarrying" after the word "mining" wherever it occurs but the word "mining" does not occur in the section.