Whoever, being a man or a woman fully responsible, has sexual intercourse through the genital of a person over whom he has no sexual rights and in circumstances in which no doubt exists as to the illegality of the act, is guilty of the offence of zina.

Whoever commits the offence of zina shall be punished:-

(a) with caning of one hundred lashes if unmarried, and shall also be liable to imprisonment for a term of one year; or

(b) if married, with stoning to death (rajm).

EXPLANATION: Mere penetration is sufficient to constitute the sexual intercourse necessary to the offence of zina.

(1) A man is said to commit rape who, save in the case referred in subsection (b), has sexual intercourse with a woman in any of the following, circumstances:-

(i) against her will;

(ii) without her consent,

(iii) with her consent, when her consent has been obtained by putting her in fear of death or of hurt;

(iv) with her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married;

(v) with or without her consent, when she is under fifteen years of age or of unsound mind.

(2) Sexual intercourse by a man with his own wife is not rape.

EXPLANATION: Mere penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

Whoever commits rape, shall be punished:

(a) with caning of one hundred lashes if unmarried, and shall also be liable to imprisonment for a term of one year; or

(b). if married with stoning to death (rajm)

(c) in addition to either (a) or (b) above shall also pay the dowry of her equals (sadaq al-mithli).

Whoever has carnal intercourse against the order of nature with any man or woman is said to commit the offence of sodomy:

Provided that whoever is compelled by the use of force or threats or without his consent to commit the act of sodomy upon the person of another or be the subject of the act of sodomy, shall not be deemed to have committed the offence.

Whoever commits the offence of sodomy shall be punished:-

(a) with caning of one hundred lashes if unmarried, and shall also be liable to imprisonment for the term of one year; or

(b) if married with stoning to death (rajm).

EXPLANATION: Mere penetration is sufficient to constitute carnal intercourse necessary to the offence of sodomy.

(1) Whoever, being a man, has sexual intercourse with a woman who is and whom he knows or has reason to believe to be his daughter, his granddaughter, his mother or any other of his female ascendant or descendants, his sister or the daughter of his sister or brother or his paternal or maternal aunt has committed the offence of incest.

(2) Whoever, being a woman, voluntarily permits a man who is and whom she knows or has reason to believe to be her son, her grandson her father or any other of her male ascendants or descendants, her brother or the son of her brother or sister or her paternal or maternal uncle to have sexual intercourse with her, has committed the offence of incest.

Whoever commits incest shall be punished:

(a) with caning of one hundred lashes if unmarried, and shall also be liable to imprisonment for a term of one year; or

(b) if married with stoning to death (rajm).

Whoever being a woman engages another woman in carnal intercourse through her sexual organ or by means of stimulation or sexual excitement of one another has committed the offence of Lesbianism.

Whoever commits the offence of lesbianism shall be punished with caning which may extend to fifty lashes and in addition be sentenced to a term of imprisonment which may extend to six months.

EXPLANATION: The offence is committed by the unnatural fusion of the female sexual organs and or by the use of natural or artificial means to stimulate or attain sexual satisfaction or excitement.

Whoever being a man or woman has carnal intercourse with any animal is said to commit the offence of bestiality.

Whoever commits the offence of bestiality shall be punished with caning of fifty lashes and in addition shall be sentenced to a term of imprisonment of six months.

EXPLANATION: Mere penetration is sufficient to constitute the carnal intercourse necessary to the offence of bestiality.

Whoever commits an act of gross indecency upon the person of another without his consent or by the use of force or threats compels a person to join with him in the commission of such act shall be punished with caning of forty lashes and shall also be liable to imprisonment for a term of one year and may also be liable to fine:

Provided that a consent given by a person below the age of fifteen years to such an act when done by his teacher, guardian or any person entrusted with his care or education shall not be deemed to be a consent within the meaning of this section.

Whoever by words either spoken or reproduced by mechanical means or intended to be read or by signs or by visible representations makes or publishes any false imputation of zina or sodomy concerning a chaste person (muhsin), or contests the paternity of such person even where such person is dead, is said to commit the offence of qadhf.

Provided that a person is deemed to be chaste (muhsin) who has not been convicted of the offence of zina or sodomy.

Whoever commits the offence of qadhf shall be punished with eighty lashes of the cane; and his testimony shall not be accepted thereafter unless he repents before the court.

The offence of qadhf shall be remitted in any of the following cases:-

(a) where the complainant (maqzuf) pardons the accuser (qazif)

(b) where a husband accuses his wife of zina and undertakes the process of mutual imprecation (lian).

(c) where the complainant (maqzuf) is a descendant of the accuser (qazif).

(1) Whoever by words either spoken or reproduced by mechanical means or intended to be read or by signs or by visible representations makes or publishes any imputation concerning a person, intending to harm or knowing or having reason to believe that such imputation will harm the reputation of such person, is said, save in the cases hereinafter excepted, to defame that person.

(2) It is not defamation:-

(i) to impute any thing which is true concerning any person if it be for the public good that the imputation should be made or pubhshed; whether or not it is for the public good is a question of fact;

(ii) to express in good faith any opinion whatever respecting the conduct of a public savant in the discharge of his public functions or respecting his character so far as his character appears in that conduct and no further;

(iii) to express in good faith any opinion whatever respecting the conduct of any person touching any public question and respecting his character so far as his character appears in that conduct and no further;

(iv) to publish a substantially true report of proceedings of a Court of Justice or of the result of any such proceedings;

(v) to express in good faith any opinion whatever respecting the merits of any case civil or criminal which has been decided by a court of justice or respecting the conduct of any person as a party, witness or agent in any such case or respecting the character of such person as far as his character appears in that conduct and no further;

 Merits of public performance

(vi) to express in good faith any opinion respecting the merits of any performance which its author has submitted to the judgment of the public or respecting the character of the author so far as his character appears in such performance and no further;

(vii) In a person having over another any authority either conferred by law or arising out of a lawful contract made with that other to pass in good faith any censure on the conductor that other in matters to which lawful authority relates;

(viii) To prefer in good faith an accusation against any person to any of those who have lawful authority over that person with respect to the subject matter of the accusation;

(ix) To make an imputation on the character of another, provided that the imputation be made in good faith for the protection of the interests of the person making it or of any other person or for the public good;

(x) To convey a caution in good faith to one person against another, provided that such caution be intended for the good of the person to whom it is conveyed or of some person in whom that person is interested or for the public good.

Whoever defames another shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to forty lashes.

The offence of Theft shall be deemed to have been committed by a person who covertly, dishonestly and without consent, takes any lawful and movable property belonging to another, out of its place of custody (hirz) and valued not less than the minimum stipulated value (nisab) without any justification.

Whoever commits the offence of theft punishable with hadd shall be punished with amputation of the right hand from the joint of the wrist; and where the offender is convicted for the second theft shall be punished with the amputation of the left foot; and where the offender is convicted for the third theft shall be punished with the amputation of the left hand from the joint of the wrist, and where the offender is convicted for the fourth theft shall be punished with the amputation of the right foot; and where the offender is convicted for the fifth or subsequent thefts, he shall be imprisoned for a term not exceeding one year.

Whoever commits the offence of theft that does not meet the requirement of hirz or nisab as provided under section 144 is said to commit the offence of theft not punishable with hadd.

The penalty of hadd for theft shall be remitted in any of the following cases:-

(a) Where the offence was committed by ascendant against descendant;

(b) Where the offence was committed between spouses within their matrimonial home; provided the stolen property was not under the victim's lock and key;

(c) Where the offence was committed under circumstances of necessity and the offender did not take more than he ordinarily requires to satisfy his need or the need of his dependents;

(d) Where the offender believes in good faith that he has a share (or a right or interest) in the said stolen property and the said stolen property does not exceed the share (or the right or interest to the equivalent of the minimum value of the property (nisab);

(e) Where the offender retracts his confession before execution of the penalty in cases where proof of guilt was based only on the confession of the offender;

(f) Where the offender returns or restitutes the stolen property to the victim of the offence and repents before he was brought to trial, he being a first time offender;

(g) Where the offender was permitted access to the place of custody (hirz) of the stolen property;

(h) Where the victim of the offence is indebted to the offender and is unwilling to pay, and the debt was due to be discharged prior to the offence, and the value of the property stolen is equal to, or does not exceed the debt due to the offender to the extent of the nisab.

Whoever commits the offence of theft under section l46 or where the punishment of theft was remitted under section l47 shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to fifty lashes.

Whoever drinks alcohol or any intoxicant voluntarily, shall be punished with caning of eighty lashes.

Whoever prepares alcohol by either manufacturing, pressing, extracting or tapping whether for himself or for another; or transports, carries or loads alcohol whether for himself or for another; or trades in alcohol by buying or selling or supplying premises by either storing or leasing out premises for the storing or preserving or consumption or otherwise dealing or handling in any way alchoholic drinks shall be punished with caning which may extend to forty lashes or with iinprisonment for a term which may extend to six months or with both.

Whoever is found drunk or drinking in a Public or private place; and conducts himself in a disorderly manner, to the annoyance of any person incapable of taking care of himself, shall in addition to the punishments specified in section 149 above, be punished with imprisonment for a term which may extend to six months or with a fine which may extend to two thousand naira or with both.

Whoever acting alone or in conjunction with others in order to seize property or to commit an offence, or for any other reasons voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint or fear of instant death or of instant hurt, or of instant wrongful restraint in circumstances that renders such person helpless or incapable of defending himself, is said to commit the offence of hirabah.

Whoever commits hirabah shall be punished:-

(a) With imprisonment for life where the offence was committed without seizure of property or causing death.

(b) With amputation of the right hand from the wrist and the left foot from the ankle where property was seized, but death was not caused.

(c) With death sentence where death was caused, but property was not seized.

(d) With crucifixion, where murder was committed and property was seized.

Whoever makes any preparation for committing the offence of hirabah, shall be punished with imprisonment for a term not exceeding one year and shall also be liable to caning which may extend to fifty lashes.

Whoever belongs to a gang of persons associated for the purpose of committing hirabah, shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to fifty lashes.

Whoever intentionally puts any person in fear of any injury to that person or to any other and thereby dishonestly induces the person so put in fear to deliver to any person any property or document of title or any thing signed or sealed which may be converted into valuable security, commits extortion.

Whoever commits extortion shall be punished with imprisonment for a term which may extend to three years and shall also be liable to caning which may extend to fifty lashes.

Whoever in order to commit extortion puts any person in fear or attempts to put any person in fear of any injury to that person or to any other, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to caning which may extend to fifteen lashes.

Whoever in order to commit extortion puts any person in fear or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to caning which may extend to fifty lashes.

Whoever commits extortion by putting any person in fear of an accusation against that person or any other of having committed or attempted to commit any offence punishable with death or with imprisonment for a term which may extend to ten years or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to caning which may extend to fifty lashes.

Whoever dishonestly misappropriates or converts to his own use any movable property, commits criminal misappropriation.

162. Punishment for criminal misappropriation

Whoever commits criminal misappropriation shall be punished with imprisonment for a term which may extend to one year or with caning which may extend to fifteen lashes or with both.

Whoever commits criminal misappropriation or property knowing that the property so misappropriated was in the possession of a deceased person at the time of that person's death and has not since been in the possession of any person legally entitled to such possession shall be punished:-

(a) With imprisonment for a term which may extend to three years and shall also be liable to caning which may extend to fifteen lashes; or

(b) If the offender at the time of such person's death was employed by him as a clerk or servant, with imprisonment for a term which may extend to five years and shall also be liable to caning which may extend to twenty lashes.

Whoever, being in any manner entrusted with property or with any dominion over property, dishonestly, misappropriates or converts to his own use that property or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged or of any legal contract expressed or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits criminal breach of trust.

Whoever commits criminal breach of trust shall be punished with imprisonment for a term which may extend to ten years or with fine or with both.

Whoever, being entrusted with property as a carrier, wharfinger or warehouse keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fine.

Whoever, being a clerk or servant or employed as a clerk or servant and being in any manner entrusted in such capacity with property or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fine.

Whoever, being in any manner entrusted with property or with any dominion over property in his capacity as a public servant or in the way of his business as a banker, factor, broker, legal practitioner or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for a term which may extend to fifteen years and shall also be liable to fine.

Property, the possession whereof has been transferred by theft or by extortion or by hirabah, and property, which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is stolen property, whether the transfer has been made or the misappropriation or breach of trust has been committed within the State or elsewhere; but ff such property subsequently comes into possession of a person legally entitled to the possession thereof, it then ceases to be stolen property.

Whoever dishonestly receives or retains any stolen property knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to caning of fifty lashes.

Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to caning of thirty lashes.

Whoever knowingly has in his possession or under his control anything which is reasonably suspected of having been stolen or unlawfully obtained and who does not give an account to the satisfaction of a court of justice as to how he came by the same shall be punished with imprisonment for a term which may extend to two years or with fine or both.

Whoever by deceiving any person:-

(a) Fraudulently or dishonestly induces the person so deceived to deliver any property to any person or to consent that any person shall retain any property; or

(b) Intentionally induces the person so deceived to do or omit to do anything which he would not do or omit to do if he were not so deceived and which act or omission causes or is likely to cause damage or harm to that person in body, mind or reputation or property, is said to cheat.

A person is said to cheat by personification if he cheats by pretending to be some other person or by knowingly substituting one person for another or representing that he or any other person is a person other than he or such other person really is.

Whoever cheats shall be punished with imprisonment for a term which may extend to two years or with fine and in either case shall also be liable to caning which may extend to twenty lashes.

Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction, to which the cheating relates, he was bound either by law or by a legal contract to protect, shall be punished with imprisonment for a term which may extend to three years or with fine and in either case shall also be liable to caning which may extend to forty lashes.

Whoever cheats by personification shall be punished with imprisonment for a term which may extend to two years or with fine and in either case shall also be liable to caning which may extend to forty lashes.

Whoever cheats and thereby fraudulently or dishonestly induces the person deceived to deliver any property to any person or to make, alter or destroy the whole or any part of a document of title or anything which is signed or sealed and which is capable of being converted into a document of title, shall be punished with imprisonment which may extend to three years and shall also be liable to caning which may extend to forty lashes.

Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, unlawfully remains there with intent thereby to intimidate, insult or annoy or with intent to commit an offence, is said to commit criminal trespass.

(1) Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property or any railway carriage, motor vehicle or aircraft used for the conveyance of passengers or goods, is said to commit house trespass.

(2) For the purpose of this section "building" means a structure of any kind whether permanent or temporary and includes a hut, store, granary, pound and a compound completely enclosed by a wall or other structure.

(1) Whoever commits house trespass, having taken precaution to conceal such house trespass from some person who has a right to exclude or eject the trespasser from the building, tent, vessel, railway carriage, motor vehicle or aircraft which is the subject of the trespass, is said to commit lurking house trespass.

(2) For the purpose of this section 'building" means a structure of any kind whether permanent or temporary and includes a hut, tent, store, granary, pound and a compound completely enclosed by a wall or other structure.

Whoever commits lurking house trespass between sunset and sunrise, is said to commit lurking house trespass by night.

A person is said to commit house breaking who commits house trespass, if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if being in the house or any part of it for the purpose of committing an offence or having committed an offence therein, he quits the house or any part of it in any of such six ways, that is to say:-

(a) if he enters or quits through a passage made by himself or by any abettor of the house trespass in order to commit the house trespass;

(b) if he enters or quits through any passage not intended by any person, other than himself or an abettor of the offence, for human entrance, or through any passage to which he has obtained access by scaling or climbing over any wall or building;

(c) if he enters or quits through any passage which he or any abettor of the house trespass has opened in order to commit the house trespass by any means by which that passage was not intended by the occupier of the house to be opened;

(d) if he enters or quits by opening any lock in order to commit the house trespass or in order to quit the house after a house trespass;

(e) if he effects his entrance or departure by using criminal force or committing an assault or by threatening any person with assault;

(f) if he enters or quits by any passage which he knows to have been fastened against such entrance or departure and to have been unfastened by himself or by an abettor of the house trespass.

Whoever commits housebreaking between sunset and sunrise; is said to commit housebreaking by night.

Whoever commits trespass shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to thirty lashes.

Whoever commits house trespass shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to thirty lashes.

Whoever commits house trespass in order to commit any offence punishable with death shall be punished with imprisonment for a term not exceeding seven years and shall also be liable to caning which may extend to fifty lashes.

Whoever commits house trespass in order to commit any offence punishable with fourteen years imprisonment shall be punished with imprisonment for a term not exceeding five years and shall also be liable to caning which may extend to forty lashes.

Whoever commits house trespass in order to commit any offence punishable with imprisonment, shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to twenty lashes.

Whoever commits lurking house trespass or house breaking, shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to twenty lashes.

Whoever commits lurking house trespass or house breaking in order to commit any offence punishable with imprisonment, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to caning which may extend to thirty lashes.

Whoever commits lurking house trespass by night or house breaking by night, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to caning which may extend to forty lashes.

Whoever commits lurking house trespass by night or house breaking by night in order to commit any offence punishable with imprisonment, shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to caning which may extend to fifty lashes.

If at the time of the committing of lurking house trespass or house breaking any person guilty of such offence voluntarily causes or attempts to cause death or grievous hurt to any person, every person jointly concerned in committing such lurking house trespass or house breaking shall be punished:-

(a) with retaliation (qisas) under section 200 if death is caused; or

(b) with retaliation (qisas) under section 220 if grievous hurt is caused; or

(c) with imprisonment for life or for any less term, and shall also be liable to fine.

Whoever dishonestly or with intent to commit mischief breaks open or unfastens any closed receptacle which contains or which he believes to contain property, shall be punished with imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to twenty lashes.

Whoever, being entrusted with any closed receptacle which contains or which he believes to contain property, without having authority to open the same dishonestly or with intent to commit mischief breaks open or unfastens that receptacle, shall be punished with imprisonment for a term which may extend to two years and shall be liable to caning which may extend to thirty lashes.

Whoever is discovered between sunset and sunrise carrying false keys or other instruments suitable for house breaking and seeks to conceal himself or is otherwise shown to have a criminal intention, shall be punished with imprisonment for a term which may extend to two years and shall also be liable to caning which may extend to twenty lashes.

Whoever imitates or alters any key or fabricates any instrument intending that such false key or instrument shall be used for a criminal purpose, shall be punished with imprisonment for a term which may extend to two years and shall be liable to caning which may extend to thirty lashes.