Whoever threatens another with any injury to his person, reputation or property or to the person, reputation or property of anyone in whom that person is interested, with intent to cause harm to that person or to cause that person to do any act which he is not legally bound to do or to omit to do any act which that person is legally entitled to do as the means of avoiding the execution of such threat, commits criminal intimidation.

Whoever commits the offence of criminal intimidation shall be punished:-

(a) with imprisonment for a term which may extend to two years or with fine or with both, and

(b) if the threat be to cause death or grievous hurt or to cause the destruction of any property by fine or to cause an offence punishable with death or with imprisonment for a term which may extend to seven years or to impute unchastity to a woman, with imprisonment for a term which may extend to seven years or with fine or with both.

(1) Whoever commits the offence of criminal intimidation by an anonymous communication or having taken precaution to conceal the name or abode of the person from whom the threat comes, shall be punished with imprisonment for a term which may extend to two years in addition to the punishment provided for the offence by section 241.

(2) Whoever intending to insult the modesty of any woman utters any word, makes any sound or gesture or exhibits any object, intending that such word or sound shall be heard or that such gesture or object shall be seen by such woman or intrudes upon the privacy of such woman, 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.

(1) Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said to restrain that person wrongfully.

(2) The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct is not within the meaning of this section.

Whoever wrongfully restrains any person in such a manner as to prevent that person from proceeding beyond certain circumscribing limits, is said to confine that person wrongfully.

Whoever wrongfully restrains any person shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand naira or with both.

Whoever wrongfully confines any person, shall be punished:-

(a) with imprisonment for a term which may extend to one year or with fine which may extend to one thousand naira or with both;

(b) if the wrongful confinement continues for more than a day with imprisonment for a term which may extend to one year or with fine or with both;

(c) without prejudice to the punishments prescribed in (a) and (b) above, the offender shall be liable to pay compensation to the confined person which shall be determined by the court.

Whoever keeps any person in wrongful confinement knowing that a warrant or order or writ for the production or liberation of that person has been duly issued shall be punished with imprisonment for a term which may extend to six months, in addition to any term of imprisonment which he may be liable under any other section of this chapter.

Whoever wrongfully confines any person in such manner as to indicate an intention that the confinement of such person may not be known to any person interested in the person so confined or to any public servant or that the place of such confinement may not be known to or discovered by any such person or public servant as therein before mentioned shall be punished with imprisonment for a term which may extend to one year in addition to any other punishment to which he may be liable for such wrongful confinement.

Whoever wrongfully confines any person for the purpose of extorting from the person confined or from any person interested in the person confined any property or document of title or of constraining the person confined or any person interested in such person to do any thing illegal or to give any information which may facilitate the commission of an offence shall be punished with imprisomnent for a term which may extend to two years and shall be liable to caning which may extend to twenty lashes.

Whoever wrongfully confines any person for the purpose of extorting from the person confined or any person interested in the person confined any confession or any information which may lead to the detection of an offence or misconduct or for the purpose of constraining the person confined or any person interested in the person confined to restore, or to cause the restoration of any property or document of title shall be punished with imprisonment for a term which extend to two years and shall be liable to caning which may extend to fifty lashes.

A person is said to make a false document:-

(a) who dishonestly or fraudulently makes, signs, seals or executes a document or part of a document or makes any mark denoting the execution of a document with the intention of causing it to be believed that such document or part of a document was made, signed, sealed or executed by or by the authority of a person by whom or by whose authority he knows that it was not made, signed, sealed or executed or at a time at which he knows that it was not made, signed, sealed or executed; or

(b) who without lawful authority dishonestly or fraudulently by cancellation or otherwise alters a document in any material part thereof after it has been made or executed either by himself or by any other person whether such person be living or dead at the time of such alteration; or

(c) who dishonestly or fraudulently causes any person to sign, seal, execute or alter a document knowing that such person by reason of unsoundness of mind or intoxication cannot or that by reason of deception practiced upon him he does not know the contents of the document or the nature of the alteration.

Whoever makes any false document or part of a document, with intent to cause damage or injury to the public or to any person or to support any claim or title or to cause any person to part with property or to enter into any express or implied contract or with intent to commit fraud or that fraud may be committed, commits forgery; and a false document made wholly or in part by forgery is called a forged document.

Whoever commits forgery shall be punished with imprisonment for a term which may extend to five years or with fine or with both.

Whoever forges:-

(a) a thing which purports to be the public seal of Nigeria or of any State of Nigeria or the great or privy seal of any country of Commonwealth or the seal of the President or a Governor of a State; or

(b) a document having on it or affixed to it any such seal signet, or sign manual, or anything which purports to be or is intended by the person to be understood to be, any such seal signet or sign manual, shall be punished with imprisonment for a term of fourteen years and shall also be liable to fine.

Whoever fraudulently or dishonestly uses as genuine any document which he knows or has reason to believe to be a forged document, shall be punished in the same manner as if he had forged such document.

Whoever makes or counterfeits any seal, plate or other instrument for making an impression intending that the same shall be used for the purpose of committing forgery or with such intent has in his possession any such seal, plate or other instrument knowing the same to be counterfeit, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine.

Whoever has in his possession any forged document knowing the same to be forged and intending that the same shall fraudulently or dishonestly be used as genuine, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine.

Whoever counterfeits upon or in the substance of any material any device or mark used for the purpose of authenticating any document intending that such device or mark shall be used for the purpose of given the appearance of authenticity to any document then forged or thereafter to be forged on such material or who with such intent has in his possession any material upon or in the substance of which any device or mark has been counterfeited, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to fine.

Whoever fraudulently or dishonestly or with intent to cause damage or injury to the public or to any person cancels, destroys or defaces or attempts to cancel, destroy or secretes or commits theft in respect of any document which is or purports to be a document of title or a win or commits mischief in respect to any such document, shall be punished:-

(a) with amputation, where the value of the title amounts to nisab; or

(b) in other cases, with imprisonment for a term which may extend to five years and shall also be liable to fine.

Whoever being a clerk, officer or servant or employed or acting in the capacity of a clerk, officer or servant, wilfully and with intent to defraud, destroy, alter, mutilate or falsify any book, paper, writing, document of title or account, which belongs to or is in the possession of his employer or has been received by him for or on behalf of his employer, or wilfully and with intent to defraud makes or abets the making of any false entry in or omits or alters or abets the omission or alteration of any material particular from or in any such book, paper writing, document of title or account, shall be punished with imprisonment for a term which may extend to five years or with fine or with both.

A mark used for denoting that movable property belongs to a particular person is called a property mark.

Whoever marks any movable property or goods or uses any case, package or other receptacle containing movable property or goods or uses any case, package or other receptacle having any mark thereon in a manner reasonably calculated to cause it to be believed that the property or goods so marked or any property or goods contained in any such receptacle so marked belong to a person to whom they do not belong, is said to use a false property mark.

Whoever uses any false property mark shall unless he Proves that he Acted without intent to defraud be Punished with imprisonment for a term which may extend to one year or with fine or with both.

Whoever counterfeits any property mark shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

Whoever counterfeits any property mark used by a public servant or any mark used by a public servant to denote that any property has been manufactured by a particular person or at a particular time or place that the property is of a particular quality or has passed through a particular office or that it is entitled to any exemption or uses as genuine any such mark knowing the same to be counterfeit, shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Whoever makes or has in his possession any die, plate or other instrument for the purpose of counterfeiting a property mark or has in his possession a property mark for the purpose of denoting that any goods belong to a person to whom they' do not belong, shall be punished with imprisonment for a term which may extend to three years or with fine or with both.

Whoever makes any false mark upon any case, package or other receptacle containing goods in a manner reasonably calculated to cause any public servant or any other person to believe that such receptacle contains goods which it does not contained or that it does not contain goods which it does contain or that the goods contained in such receptacle are of a nature of quality different from the real nature of quality thereof, shall, unless he proves that he acted without intent to defraud, be punished with imprisonment for a term which may extend to two years or with fine or with both.

Whoever makes use of any such false mark in any manner prohibited by section 266 shall unless he proves that he acted without intent to defraud, be punished as if he had committed an offence against that section.

Whoever removes, destroys, defaces or adds to any property mark intending or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

Whoever, being bound by a lawful contract to render his personal service in conveying or conducting any person or any property from one place to another place or to act as servant to any person during a voyage or journey or to guard any person or property during the voyage or journey, voluntarily omits so to do, except in the case of illness or ill-treatment, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

Whoever, being bound by a lawful contract to attend on or to supply the wants of any person, who by reason of youth or of unsoundness of mind or of disease or bodily weakness is helpless or incapable of providing for his own safety or of supplying his own wants, voluntarily omits so to do, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

Whoever, by reason or by means of his employment as a public servant acquires any information in respect of which he is under an obligation of secrecy express or implied and at any time communicates or attempts to communicate such information to any person to whom the same ought not in the public interest to be communicated at that time, is said to commit a breach of official trust

Whoever commits a breach of official trust shall:

(a) if the communication is made or attempted to be made to the agent of a foreign government, be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fine or caning which may extend to fifty lashes; or

(b) in any other case 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 thirty lashes.

An assembly of two or more persons is designated an unlawful assembly if the common object of the persons composing that assembly is:

(a) to overawe by criminal force or show of criminal force the Government or the Government of the Federation or any Government of Nigeria or any public servant in the exercise of his lawful powers; or

(b) to resist the execution of any law or of any legal process; or

(c) to commit any mischief or criminal trespass or other offence of any kind whatsoever; or

(d) by means of criminal force or show of criminal force to enforce any right or supposed right; or

(e) by means of criminal force or show of criminal force to compel any person to do what he is not legally bound to do or to omit to do what he is legally entitled to do.

274. Membership of lawful assembly defined

Whoever being aware of facts which render any assembly an unlawful assembly intentionally joins that assembly or continues in it is said to be a member of an unlawful assembly.

Whoever is a member of an unlawful assembly shall be punished with imprisonment for a term which may extend to one year, or with fine or with both.

Whoever being a member of an unlawful assembly is armed with any deadly weapon or with anything which used as a weapon of offence is likely to cause death, 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 fifty lashes.

Whoever joins or continues in an unlawful assembly knowing that such unlawful assembly has been lawfully commanded to disperse, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

Whenever force or violence is used by an unlawful assembly or by any member thereof in prosecution of the common object of such assembly every member of such assembly is guilty of the offence of rioting.

Whoever is guilty of rioting shall be punished with imprisonment for a term which may extend to three years or with fine or with both.

Whoever is guilty of rioting being armed with a deadly weapon or with anything which used as a weapon of offence is likely to cause death, 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 sixty lashes.

If an offence is committed by any member of an unlawful assembly in prosecution of the common object of that assembly, every person, who at the time of the committing of that offence is a member of the assembly, is guilty of that offence.

Whoever promotes or does any act with intent to assist the promotion of an unlawful assembly shall be punishable as a member of such unlawful assembly and for any offence which may be committed by any member thereof in the same manner as if he had himself been a member of such unlawful assembly.

Whoever joins or continues in any assembly of five or more persons likely to cause disturbance of the public peace knowing that such assembly has been lawfully commanded to disperse, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

Whoever wears, carries or displays in public any emblem, flag, article of clothing or other token or device in such manner or on such occasion or in such circumstances as:-

(a) to constitute an offence under any other section of this Shari'ah Penal Code, or of any other subsisting Act or Law; or

(b) to cause or be likely to cause annoyance to the public or any section thereof, or a breach of the peace, or disturbance of the public peace, or the commission of an offence, shall be punished with imprisonment for a term which may extend to six months or with fine or with both, and in addition the emblem, flag, article of clothing or other token or device in respect of which an offence under this section has been committed shall be liable to forfeiture.

Whoever assaults or threatens to assault or obstruct or attempts to obstruct any public servant in the discharge of his duty as such public servant in endeavouring to disperse an unlawful assembly or to suppress a riot or affray, or uses or threatens or attempts to use criminal force to such public servant, 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 fifty lashes.

Whoever in a public place disturbs the public peace shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to five thousand naira or with both.

Whoever does any act with intent to cause or which is likely to cause a breach of the peace or disturb the public peace shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to five thousand naira or with both.

Whoever being or expecting to be a public servant accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person any gratification whatever whether pecuniary or otherwise, other than lawful remuneration, as a motive or reward--

(a) for doing or forbearing to do any official act; or

(b) for showing or forbearing to show in the exercise of his official functions favour or disfavour to any person, or

(c) for rendering or attempting to render any service or disservice to any person with any department of the public service or with any public servant as such, shall be punished:-

(i) with imprisonment which may extend to five years and shall also be liable to caning which may extend to thirty lashes;

(ii) if such public servant is a public servant in the service of the government of the State or of the government of the Federation acting in a judicial capacity or carrying out the duties of a police officer, with imprisonment for a term which extend to seven years and shall also be liable to caning which may extend to fifty lashes.

EXPLANATION 1:

If a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office and that he will serve them, he may be guilty of cheating but he is not guilty of an offence under this section.

EXPLANATION 2:

A public servant who receives a gratification as a motive for doing what he does not intend to do or as a reward for doing what he has not done, is guilty of an offence under this section.

Whoever accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person any gratification whatever whether pecuniary or otherwise or as a motive or reward for inducing by corrupt or illegal means any public servant:-

(a) to do or forbear to do any official act, or

(b) in the exercise of the official functions of such public servant to show favour or disfavour to any person, or

(c) to render or attempt to render any service or disservice to any person with any department of the public service or with any public servant as such, 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 being a public servant in respect of whom an offence under section 289 is committed, abets the offence, 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 offers or gives or agrees to give any gratification whatever whether pecuniary or otherwise in the circumstances and for any of the purposes mentioned in section 288 and 289 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 thirty lashes and in either case shall also be liable to fine.

Whoever being a public servant accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person any valuable thing without consideration or for a consideration which he knows to be inadequate:-

(a) from any person whom he knows to have been or to be or to be likely to be concerned in any proceeding or business transacted or about to be transacted by such public servant or having any connection with the official functions of himself or of any public servant to whom he is subordinate; or

(b) from any person whom he knows to be interested in or related to the person so concerned, 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 in any of the circumstances mentioned in section 292 offers or gives or agrees to give to any public servant or to any person, in whom a public servant is interested or to whom he is related, any valuable thing without consideration or for a consideration which he knows to be inadequate, 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 knowingly profits by any gratification or benefit obtained in any of the circumstances mentioned in section 288, 289 or 292 but does not take any active part in obtaining such gratification or benefit, 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 a public servant in his capacity as such dishonestly receives from any person any money or other property which he is not authorized to receive or which is in excess of the amount which he is authorized to receive shall be punished with imprisonment for a term which may extend to two years and shall be liable to caning which may extend to twenty lashes.

Whoever being a public servant knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public Servant intending thereby or knowing himself to be likely thereby-

(a) to cause injury to any person or to the public; or

(b) to save any person from legal punishment or to subject him to a less punishment than that to which he is liable or to delay the imposition on any person of any legal punishment; or

(c) to save any property from forfeiture or from any seizure or charge to which it is liable by law or to delay the forfeiture or seizure of any property or the imposition or enforcement of any Charge upon any property, 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, being a public servant, and being as such public servant charged with the preparation or translation of any document, frames or translates that document in a manner which he knows and believes to be incorrect intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person 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, being a public servant knowing that he is likely to cause injury to any person or intending unlawfully to give any person an advantage makes or pronounces many stage of a judicial proceeding any report, order, judgment or decision which he knows to be contrary to law, 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 thirty lashes.

Whoever, being a public servant authorized by law to commit persons for trial or to confinement or to keep persons in confinement, commits any person for trial or to confinement or keeps any person in confinement:-

(a) Knowing that he is acting contrary to law; and

(b) Knowing that he is likely to cause injury to any person or intending unlawfully to give any person an advantage, shall be punished with imprisonment for term which may extend to five years and shall be liable to caning which may extend to thirty lashes.

Whoever being a public servant whose duty it is as such public servant to arrest any person or to keep any person in confinement or custody, intentionally omits to arrest such person or intentionally suffers such person to escape or intentionally aids such person in escaping or attempting to escape from such confinement, or custody, shall be punished as follows:-

(a) With the same penalty that the person allowed to escape or attempt to escape from lawful custody is liable to, such public servant being deemed an accomplice;

(b) Where the person allowed to escape is awaiting death penalty the public servant shall be subject to a term of imprisonment which may extend to life;

(c) With a term of imprisonment which shall extend to any such time that the person who was allowed to escape from lawful custody is reapprehended;

(d) Nothing in this section shall prevent the additional punishment of caning which may extend to fifty lashes.

Whoever, being a public servant whose duty it is as such public servant to arrest any person or to keep any person in confinement or custody, negligently omits to arrest that person or negligently suffers that person to escape from confinement or custody, shall be punished with a term of imprisonment which may extend to one year and shall be liable to caning which may extend to twenty lashes.

Whoever, being a public servant whether acting alone or in prearranged agreement with two or more other such public servants willfully abandons any duty pertaining to his office which he is legally bound to perform shall, if the intention is to cause danger to human life, health or safety, or tends to cause a riot or any injury or damage or grave inconvenience to the community, be punished with a term of imprisonment which shall not be less than one year and shall also be liable to caning which shall extend to fifty lashes.

Whoever, being a public servant and being legally bound as such public servant not to purchase or bid for certain property, purchases or bids for that property in his own name or in the name of another jointly or in shares with others, shall be punished:-

(a) With imprisonment for a term which may extend to two years; and

(b) With caning which may extend to forty lashes; and

(c) With forfeiture of all property unlawfully purchased or bade.

Whoever, pretends to hold any particular office as a public servant knowing that he does not hold such office, or falsely personates any other person holding such office, or wears any dress or carries any token resembling any dress or token used by that class of pubic servant with the intention that it may be believed that he belongs to that class of public servant, 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 in any manner:-

(a) Absconds from, or intentionally, prevents the serving on himself or on any other person of any summons, notice or order proceeding from any public servant legally competent as such public servant to issue such summons, notice or order; or

(b) Intentionally prevents the lawful affixing to any place of any such summons, notice or order; or

(c) Intentionally removes any such summons, notice or order from any place to which it is lawfully affixed;

(d) intentionally prevents the lawful making of any proclamation under the authority of any public servant legally competent as such public servant to direct such proclamation to be made, shall be punished:-

(i) With imprisonment for a term which may extend to one month and shall also be liable to caning which may extend to twenty lashes; or

(ii) If the summons, notice, order or proclamation is to attend in person or by agent or to produce a document in a court of justice with imprisonment for a term which may extend to six months and shall also be liable to caning which may extend to forty lashes.

Whoever, having been required by a summons, notice, order or proclamation proceeding from any public servant legally competent as such public servant to issue the same to attend in person or by agent at a certain time and place, intentionaflyandwithoutreasonablecauserefusesoromitstoattendattheplacci and time or departs from that place before the time at which it is lawful for him to depart, shall be punished with:-

(a) a term of imprisonment which may extend to one month, and shall also be liable to caning which may extend to twenty lashes; or

(b) if the summons, notice, order or proclamation is to attend in person or by agent in a court of justice, with imprisonment for a term which may extend to six months and shall also be liable to caning which may extend to thirty lashes.

Whoever, having been required by a summon, notice, order or proclamation proceeding from a public servant legally competent as such public servant to issue document or other thing, intentionally omit so to produce or deliver up the same, shall be punished:-

(a) with imprisonment for a term which may extend to one month and shall also be liable to caning which may extend to twenty lashes;

(b) if the document is to be produced or delivered up to a court of justice, with imprisonment for a term which may extend to six months and shall also be liable to caning which may extend to thirty lashes.

Whoever being legally bound to give any notice or to furnish information on any subject to any public servant as such, intentionally omits to give such notice or to furnish such information in the manner and at the time required by law shall be punished:-

(i) with imprisonment for a term which may extend to one month and shall also be liable to caning which may extend to twenty lashes; or

(ii) if the information which he is legally bound to give is in respect of the commission of an offence or is required for the purpose of preventing the commission of an offence or in order to arrest an offender, with imprisonment which may extend to six months and shall also be liable to caning which may extend to thirty lashes.

Whoever, being legally bound to furnish information on any subject to any public servant as such, furnishes as true information on the subject which he knows or has reason to believe to be false, shall be punished:-

(a) with imprisonment for a term which may extend to six months and shall also be liable to caning which may extend to thirty lashes.

(b) if the information which he is legally bound to give is in respect of the commission of an offence or is required for the purpose of preventing the commission of an offence or in order to arrest an offender, with imprisonment for a term which may extend to one year and shall also be liable to caning which may extend to forty lashes.

Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause or knowing it to be likely that he will thereby cause such public servant:-

(a) to do or to omit anything which such public servant ought not to do or omit if the true state of facts respecting such information is given were known by him; or

(b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with a term of imprisonment which may extend to one year, and shall also be liable to caning which may extend to thirty lashes.

Whoever being legally bound to answer questions put to him on any subject by any public servant in the exercise of the lawful powers of such public servant, refuses to answer any such question, shall be punished with imprisonment for a term which may extend to six months and shall also be liable to caning which may extend to twenty lashes.

Whoever refuses to sign any statement made by him when required to sign that statement by a public servant legally competent to require that he shall sign that statement, shall be punished with imprisonment for a term which may extend to three months and shall also be liable to caning which may extend to twenty lashes.

Whoever offers any resistance to the taking of any property by the lawful authority of any public servant, knowing or having reason to believe that he is such public servant, shall be punished with imprisonment for a term which may extend to six months and shall also be liable to caning which may extend to thirty lashes.

Whoever intentionally obstructs any sale of property offered for sale by the lawful authority of any public servant as such shall be punished with imprisonment for a term which may extend to one month and shall also be liable to caning which may extend to twenty lashes.

Whoever, when any property has been attached or taken by the lawful authority of any public servant, knowingly and with intend to hinder or defeat the attachment or process receiver, removes, retains, conceals, or disposes of such property, 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 fifty lashes.

Whoever at any sale of property held by the lawful authority of a public servant as such purchases or bids for any property on account of any person whether himself or any other, whom he knows to be under legal incapacity to purchase that property at that sale, or bids for such property not intending to perform the obligations under which he lays himself by such bidding, shall be punished with imprisonment for a term which may extend to six months, and shall also be liable to caning which may extend to thirty lashes.

Whoever voluntarily obstructs any public servant in the discharge of his public functions 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 forty lashes.

Whoever voluntarily obstructs any public servant in the discharge of his public functions under any written law or voluntarily obstructs any person engaged in the discharge of any duty imposed on him by any written law 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 forty lashes.

Whoever, being legally bound to render or furnish assistance to any public servant in the execution of his public duty, intentionally omits to give such assistance, shall be punished with imprisonment for a term which may extend to six months and shall also be liable to caning which may extend to thirty lashes.

Whoever being legally prohibited from residing in any district, or being legally ordered to reside in any district, intentionally disobeys any such prohibition or order shall be punished with imprisonment for a term which may extend to six months and shall also be liable to caning which may extend to thirty lashes.

Whoever, knowing that by an order promulgated by a public servant legally empowered to promulgate such order he is directed to abstain from a certain act, or to take certain action with respect to certain property in his possession or under his management, disobeys such direction, shall:-

(a) if such disobedience causes or tends to cause obstruction, annoyance or injury or risk of obstruction, annoyance or injury to any person lawfully employed, be punished with imprisonment for a term which may extend to three months and shall also be liable to caning which may extend to twenty lashes.

(b) if such disobedience causes or tends to cause danger to human life, health or safety or causes or tends to cause riot or affray, shall be punished with imprisonment for a term which may extend to six months and shall also be liable to caning which may extend to thirty lashes.

Whoever holds out any threat of injury to any public servant or to any person in whom he believes that public servant to be interested, for the purpose of inducing that public servant to do any act or to forbear or delay to do any act connected with the exercise of the public functions of such public servant, 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 forty lashes.

Whoever holds out any threat of injury to any person for the purpose of inducing that person to refrain or desist from applying for protection against an injury to any public servant legally empowered as such to give such protection or to cause such protection to be given, 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.

Whoever intentionally offers any insult or causes any interruption to any public servant while such public servant is sitting in any stage of a judicial proceeding shall be punished with imprisonment for a term which may extend to six months and shall also be liable to caning which may extend to twenty lashes.

Whoever makes any statement, verbally or otherwise, which is false in a material does not believe particular and which he either knows or believes to be false or to be true, is said to give false evidence.

EXPLANATION: A material particular within the meaning of this section means a particular which is material to any question then in issue or intended to be raised in that proceeding.

Whoever causes any circumstance to exist or makes any false entry in any book or record or makes any document containing a false statement intending that such circumstance, false entry or false statement may appear in evidence or be used in a judicial proceeding or in a proceeding taken by law before a public servant as such or before an arbitrator and that such circumstance, false entry or false statement so appearing in evidence or so used may cause any person, who in such proceeding is to form an opinion upon the circumstance, entry or statement to entertain an erroneous opinion touching any point material to the result of such proceeding, is said to fabricate false evidence.

327. Punishment for false evidence

(l) Whoever intentionally gives false evidence in any stage of a judicial proceeding or fabricates false evidence for the purpose of its being used in any stage of a judicial proceeding shall be punished with imprisonment for a term which may extend to ten years and shall also be liable to caning of sixty lashes.

(2) Whoever intentionally gives or fabricates false evidence in any other case, 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.

(1) Whoever gives or fabricates false evidence intending thereby to cause or knowing it to be likely that he will thereby cause any person to be convicted of an offence which is punishable with death shall be punished with imprisonment for a term which may extend to ten years and shall also be liable to caning of sixty lashes.

(2) If an innocent person is convicted and executed in consequence of such false evidence, the person who gave or fabricated such false evidence shall be punished with retaliation (qisas).

(3) If an innocent person is convicted and is caused to suffer the punishment of amputation in consequence of such false evidence, the person who gave or fabricated such false evidence shall be punished with retaliation (qisas).

Whoever gives or fabricates false evidence intending thereby to cause or knowing it to be likely that he will thereby cause any person to be convicted of an offence which is not punishable with death but is punishable with any term of imprisonment or caning shall be punished as a person convicted of that offence would be liable to be punished.

Whoever uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.

Whoever issues or signs any certificate required by law to be given or signed or relating to any fact of which such certificate is legally admissible in evidence knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.

Whoever uses or attempts to use any certificate mentioned in above section as a true certificate knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

(1) Whoever in any declaration made or subscribed by him, which declaration any court of justice or any public servant or other person is bound or authorized by law to receive as evidence of any fact, makes any statement, which is false and which he neither knows nor believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if, he gave false evidence.

(2) Whoever uses or attempts to use as true any such declaration knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

EXPLANATION: A declaration, which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of this section.

Whoever knowingly makes a false translation of the evidence of a witness or of the statement of an accused person or of a party to a civil suit or makes a false translation or copy of any document with the intention that such translation or copy shall be used in any manner in any judicial proceeding or knowing that it is likely to be so used, and whoever knowingly uses such translation or copy in any manner in any judicial proceeding, shall be punished in the same manner is if he gave false evidence.

Whoever secretes or destroys any document which he may be lawfully compelled to produce as evidence in a court of justice or in any proceeding lawfully held before a public servant as such, or obliterates or renders illegible the whole or any part of such document with the intention of preventing the same from being produced or used as evidence before such court or public servant as aforesaid or after he shall have been lawfully summoned or required to produce the same for that purpose, 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 fifty lashes.

Whoever knowing or having reason to believe that an offence has been committed, causes any evidence of the commission of the offence to disappear with the intention of screening the offender from legal punishment, or with a like intention of intending to prevent his arrest gives any information respecting the offence which he knows or believes to be false or harbours or conceals a person whom he knows or has reason to believe to be the offender shall be punished:-

(a) with imprisonment for a term which may extend to five years and shall also be liable to caning which may extend to forty lashes.

(b). in addition where the offender causes evidence to disappear the offender shall be caused to remit the evidence so caused to disappear or be punished with an additional term of imprisonment which may extend to one year.

EXPLANATION: In this section the word "offence" includes any act done outside Zamfara State which if done in Zamfara State would be an offence and the punishment for the offence shall be deemed to be the same as the punishment would be if the act were done in Zamfara State.

Whoever accepts or attempts to obtain or agrees to accept any gratification for himself or any other person or any restitution of property to himself or any other person, in consideration of his concealing an offence or of his screening any person from legal punishment for any offence or of his not proceeding against any person for the purpose of bringing him to legal punishment, shall be punished with imprisonment for a term which may extend to seven years and shall be liable to caning which may extend to fifty lashes.

EXPLANATION: In this section the word "offence" includes any act done outside Zamfara State which if done in Zamfara State would be an offence and the punishment for the offence shall deemed to be the same as the punishment would be if the act were done in Zamfara State.

Whoever gives or causes or offers or agrees to give or cause any gratification to any other person or to restore or cause the restoration of any property to any other person, in consideration of that other person's concealing an offence or of his screening any, person from legal punishment for any offence or of his not proceeding against any person for the purpose of bringing him to legal punishment, 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.

EXPLANATION: In this section the word "offence" includes any act done outside Zamfara State which if done in Zamfara State would be an offence and the punishment for the offence shall be deemed to be the same as the punishment would be if the act were done in Zamfara State.

Whoever, knowing or having reason to believe that any person or persons are about to commit or have recently committed the offence of hirabah, harbours them or any of them with the intention of facilitating the commission of such offence of hirabah or of screening them or any of them from punishment, 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.

EXPLANATION: For the purpose of this section it is immaterial whether the hirabah is intended to be committed or has been committed within Zamfara State or elsewhere.

Whoever intentionally offers any resistance or illegal obstruction to the lawful arrest of any other person or rescues or attempts to rescue any other person from any confinement or custody in which that person is lawfully detained, shall be punished:-

(a) with imprisonment which may extend to five years and shall also be liable to caning which may extend to fifty lashes; and

(b) if such other person is under sentence of death, shall be punished with imprisonment which may extend to fourteen years and shall also be liable to caning which may extend to twenty lashes.

Whoever intentionally offers any resistance or illegal obstruction to the lawful arrest of himself for any offence with which he is charged or of which he has been convicted or escapes or attempts to escape from any custody in which he is lawfully detained for any such offence, 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 thirty lashes.

Whoever in any case not provided for in section 340 above intentionally offers any resistance or illegal obstruction to the lawful arrest of himself or escapes or attempts to escape from any custody in which he is lawfully detained, 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.

343. Fraudulent removal of property to prevent lawful seizure or execution

Whoever with intent to prevent any property of himself or any other person or any interest therein:-

(a) from being taken as a forfeiture or in satisfaction of a fine under a sentence which has been pronounced or which he knows to be likely to be pronounced by a court of justice or other competent authority; or

(b) from being taken in execution of a decree or order, which has been made or which he knows to be likely to be made by a court of justice; or

(c) from being distributed according to law amongst the creditors of himself or such other person; or

(d) from being available according to law for payment of the debts of himself or such other person, dishonestly or fraudulently removes or conceals or assists in removing or concealing such property or dishonestly or fraudulently transfers, delivers or releases such property or any interest therein to any person or practices any deception touching the same or accepts or dishonestly or fraudulently accepts, receives or claims such property or any interest therein, knowing that he has no right or rightful claim thereto, shall be punished with imprisonment which may extend to one year, or with caning which may extend to twenty lashes or with both.

EXPLANATION: In this section "property" includes right of action and property of every other description whether movable or immovable and whether corporeal or incorporeal.

Whoever fraudulently causes or suffers a decree or order to be passed against him at the suit of any person for a sum not due or for a larger sum than is due to such person or for any property or interest in property to which such person is not entitled or fraudulently causes or suffers a decree or order to be executed against him after it has been satisfied or for anything in respect of which it has been satisfied, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

Whoever fraudulently, obtains a decree or order against any person for sum not due or for a larger sum than is due or for any property or interest in property to which he is not entitled or fraudulently causes a decree or order to be executed against any person after it has been satisfied or for anything in respect of which it has been satisfied or fraudulently suffers or permits any such act to be done in his name, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or instrument, which purports to transfer or subject to any charge any property or any interest therein and which contains any false statement relating to the consideration for such transfer or charge or relating to the person or persons for whose use or benefit it is really intended to operate, shall be punished:

(a) with imprisonment for a term which may extend to one year or with fine or with both; or

(b) with caning which may extend to twenty lashes.

Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false, shall be punished:-

(a) with imprisonment which may extend to six months or with fine or with both; or

(b) with caning which may extend to thirty lashes.

Whoever falsely personates another, whether that other is an actual or fictitious person, and in such assumed character makes any admission or statement, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished:-

(a) with imprisonment which may extend to one year; or

(b) with caning which may extend to thirty lashes or with fine or with both.

Whoever with intent to cause injury to any person institutes or causes to be instituted any criminal proceeding against that person or falsely charges any person with having committed an offence knowing that there is not just or lawful ground for such proceeding or charge against that person, shall be punished:-

(a) with imprisonment for a term which may extend to two years or with fine or with both; and

(b) where such criminal proceeding is instituted on a false charge of an offence punishable with death or imprisonment for seven years or upwards, 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 takes or agrees or consents to take any gratification under pretence or on account of helping any person to recover any movable property of which he shall have been deprived by any offence, shall, unless he uses all means in his power to cause the offender to be brought to justice, be punished:-

(a) with imprisonment for a term which may extend to one year or with fine or with both; or

(b) with caning which may extend to thirty lashes.

EXPLANATION: In this section the word "offence" includes any act done outside Zamfara State which if done in Zamfara State would be an offence.

Whoever with intent to influence the course of justice in any civil or criminal proceeding does any act whereby the fair hearing, trial or decision of any matter in that proceeding may be prejudiced shall be punished with imprisonment which may extend to two years or with fine or with caning which may extend to thirty lashes.

(1) A person is guilty of a public nuisance who does an act or is guilty of an illegal omission which causes any common injury, danger or annoyance to the public or to the people in general who dwell or occupy property in the vicinity, or which must necessarily cause injury, obstruction, danger or annoyance to persons who may have occasion to use any public right.

(2) Where premises on which a public nuisance has occurred are occupied by two or more persons in common each of such person shall be liable to conviction on account of the nuisance in the absence of sufficient evidence that he has not been guilty of the offence.

EXPLANATION 1: A public nuisance does not cease to be an offence because it causes some convenience or advantage.

EXPLANATION 2: Whether an act or omission is a public nuisance is a matter of fact, which may depend on the character of the neighbourhood.

Whoever adulterates any article of food or drink or abstracts from any article of food or drink or any part thereof so as to affect injuriously the quality, substance or nature, intending to sell such article as food or drink without notice to the purchaser or knowing that it is likely that the same will be sold as food or drink without notice to the purchaser, shall be punished:-

(a) With imprisonment for a term which may extend to one year; or

(b) With caning which may extend to ten lashes, or with fine or with both; or

(c) With forfeiture of the adulterated food or drink.

Whoever sells any article of food or drink which is not of the nature, substance and quality demanded by the purchaser or the article which the seller represents it to be, shall be punishable:-

(a) With imprisonment for a term which may extend to one year; or

(b) With caning which may extend to ten lashes or with fine or with both; or

(c) With forfeiture of the adulterated food or drink.

Whoever sells or offers or exposes for sale any article of food or drink, with which any admixture has been fraudulently made to increase the bulk, weight or measure of such article or to conceal the inferior quality thereof, or any article of food or drink, from which any part has been intentionally abstracted so as to affect injuriously its quality, substance or nature, without notice to the purchaser, shall be punished:-

(a) With imprisonment for a term which may extend to one year; or

(b) With caning which may extend to ten lashes or with fine or with both; or

(c) With forfeiture of the adulterated food or drink.

Whoever sells or offers or exposes for sale 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 or unfit for food or drink, shall be punished-

(a) With imprisonment for a term which may extend to two years; or

(b) With caning which may extend to thirty lashes or with fine or with both.

Whoever adulterates any drug or medical preparation in such a manner as to lessen the efficacy or change the operation of such drug or medical preparation or to make it noxious, intending that it shall be sold or used for or knowing it to be likely that it would be sold or used for any medicinal purpose as if it had not undergone such adulteration, shall be punished-

(a) With imprisonment for a term which may extend to three years; or

(b) With caning which may extend to forty lashes or with fine or with both.

Whoever, knowing any drug or medical preparation to have been adulterated or to have expired in such a manner as to lessen its efficacy or change its operation or render it noxious, sells the same or offers or exposes it for sale or issue it from any dispensary for medicinal purposes as unadulterated or causes it to be used for medicinal purposes by any person not knowing of the adulteration, shall be punished:-

(a) With imprisonment for a term which may extend to three years; or

(b) With caning which may extend to forty lashes or with fine or with both.

Whoever knowingly sells or offers or exposes for sale or issues from a dispensary for medicinal purposes any drug or medical preparation as a different drug or medical preparation, shall be punished:-

(a) With imprisonment for a term which may extend to three years; or

(b) With caning which may extend to forty lashes or with fine or with both.

Whoever voluntarily corrupts or fouls the water of any public well or reservoir or other public water supply so as to render it less fit for the purpose for which it is ordinarily used, shall be punished--

(a) With imprisonment for a term which may extend to two years; or

(b) With caning which may extend to thirty lashes or with fine or with both.

Whoever voluntarily 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 neighbour hood or passing along a public way, shall be punished:-

(a) With imprisonment for a term which may extend to two years; or

(b) With caning which may extend to thirty lashes or with fine or with both.

Whoever exhibits any false light, mark or buoy intending or knowing it to be likely that such exhibition will mislead any navigator, shall be punished:-

(a) With imprisonment for a term which may extend to two years; or

(b) With caning which may extend to thirty lashes or with fine or with both.

Whoever by doing any act or by omitting to keeping in order any property in his possession or under his charge causes obstruction to any person in any public way or public line of navigation, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

Whoever being an employee engaged in any work connected with the public health or safety or with any service of public utility ceases from such work in prearranged agreement with two or more other such employees without giving to his employer twenty-one days notice of his intention so to do, shall, if the intention or effect of such cessation is to interfere with the performance of any general service connected with public health, safety or utility to an extend which will cause injury or damage or grave inconvenience to the community, be punished with imprisonment which may extend to six months, or with fine, or with caning which may extend to twenty lashes.

Whoever does any act in a manner so rash or negligent as to endanger human life to be likely to cause hurt or injury to any person or property, or knowingly or negligently omits to take such order with any property or substance in his possession or under his control or with any operations under his control as is sufficient to guard against probable danger to human life from such property, substance or operations, shall be punished with imprisonment for a term which may extend to one year with fine, or with caning which may extend to thirty lashes.

Whoever knowingly or negligently omits to control any animal in his possession sufficiently to guard against any probable danger to human life or grievous hurt from such animal, shall be punished with imprisonment for a term which may extend to one year or with fine, or with caning which may extend to twenty lashes.

Whoever commits a public nuisance in any case not otherwise punishable by this Shari'ah Penal Code, shall be punished:

(a) With imprisonment for a term which may extend to one year; or

(b) With caning which may extend to thirty lashes or with fine or with both.

Whoever repeats or continues a public nuisance, having been ordered by any public servant who has lawful authority to give such order not to repeat or continue such nuisance, shall be punished with imprisonment for a term which may extend to one year, or with fine, or with caning which may extend to thirty lashes.

Whoever invades the privacy of any person by prying into his house without lawful justification, to eavesdrop on him, or read his letters or discover his secrets, shall be punished with imprisonment for a term not exceeding one year or with fine or with both.

Whoever to the annoyance of others, does any obscene or indecent act in a private or public place, or acts or conducts himself in an indecent manner or in a manner contrary to morality or wears indecent or immoral clothing or uniform which causes annoyance or resentment to others shall be punished with caning which may extend to forty lashes.

Whoever keeps or manages a brothel or runs a place for prostitution or rents premises or allows its use knowing or having reason to believe it will be used for prostitution or any activity connected thereto shall be punished with imprisonment which may extend to one year and shall also be liable to caning which may extend to seventy lashes.

(1) Whoever sells or distributes, imports or prints or makes for sale or hire or willfully exhibits to public view any obscene book pamphlet paper gramophone record or similar article, drawing, painting, representation, or figure or attempts to or offers so to do or has in possession any such obscene book or other thing for the purpose of sale, distribution or public exhibition, shall be punished with imprisonment for a term which may extend to one year or with fine or with caning which may extend to twenty lashes.

(2) Whoever deals in materials contrary to public morality or manages an exhibition or theatre or entertainment club or show house or -any other similar place and presents or displays therein materials which are obscene, or contrary to public policy shall be punished with imprisonment for a term not exceeding one year or with caning which may extend to twenty lashes.

Whoever to the annoyance of others sings, recites, utters or reproduces by any mechanical means any obscene song or words in or near any place, shall be punished with imprisonment for a term which may extend to one year or with fine or with caning which may extend to twenty lashes.

In this chapter:-

(1) The term "idle person" shall include-

(a) any person who being able wholly or in part to maintain himself or his family willfully neglects or refuses to do so;

(b) any person who wanders abroad or places himself in any street or public place to get or gather arms or causes or encourages children to do so unless from age or infirmity he is unable to earn his living;

(c) any person who has no settled home and has no ostensible means of subsistence and cannot give a satisfactory account of himself;

(d) any common prostitute behaving in a disorderly or indecent manner in a public place or persistently importuning or soliciting person for the purpose of prostitution;

(e) any person playing at any game of chance for money or money's worth in any public place;

(f) any person who in any street or place of public resort or within sight or hearing of hearing person therein disturbs the peace by quarreling or attempting to quarrel or by using any insolent scurrilous or abusive term or reproach;

(g) any person who in any street or place of public resort or within sight or hearing of any person therein with the intention of annoying or irritating any person, signs or otherwise utters any scurrilous or abusive songs or words

whether any person be particularly addressed therein or not;

(h) any person who in any street or place of public resort is guilty of any riotous, disorderly or insulting behaviour to the obstruction or annoyance of any person lawfully using such street or place or any place in the neighbourhood thereof; and

(i) any person who in any private or closed place is guilty of any riotous, disorderly or insulting behaviour to the annoyance of any person lawfully using any place in the neighbourhood thereof;

(2) The term "vagabond" shall include:-

(a) any person who after being convicted as an idle person commits any of the offences which would render him liable to be convicted as such again;

(b) any person who is found in possession of housebreaking implements with intent to commit any of the offences defined in sections 188 to 192 inclusive of this Shari'ah Penal Code;

(c) any suspected person or reputed thief who by night frequents or loiters about any shop, warehouse, dwelling-house, dock or wharf with intent to commit any offence under Chapters VIII or IX of this Shari'ah Penal Code;

(d) any male person who knowingly lives wholly or in part on the earning of a prostitute or in any public place solicits or importunes for immoral purposes; (e) any male person who dresses or is attired in the fashion of a woman in a public place or who practices sodomy as a means of livelihood or as a profession.

(3) An "incorrigible vagabond" shall mean any person who after been convicted as a vagabond commits any of the offences which will render him liable to be Convicted as such again.

Whoever is convicted as being an idle person shall be punished with imprisonment for a term which may extend to one year and shall be liable to caning which may extend to twenty lashes.

Whoever is convicted as being a vagabond shall be punished with imprisonment which may extend to one year and shall be liable to caning which may extend to thirty lashes.

Whoever is convicted as being an incorrigible vagabond shall be punished with imprisonment which may extend to two years and shall be liable to caning which may extend to fifty lashes.

For the purposes of this chapter in proving the intent to commit an offence it shall not be necessary to show that the person suspected was guilty of any particular act tending to show this purpose or intent or he may be convicted if from the circumstances of the case and from his known character as proved to the court before which he is brought it appears to the court that his intent was to commit such offence.

Whoever with intent to cause or knowing that he is likely to cause wrongful loss or damage to the public or to any person causes the destruction of any property or any such change in any property or in the situation thereof as destroys or diminishes its values or utility or affects it injuriously, commits mischief.

Whoever commits mischief shall be punished with imprisonment for a term which may extend to one year or with fine or with caning which may extend to thirty lashes or with any two of the above.

Whoever commits by killing, poisoning, maiming, or rendering useless any animal or animals 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-five lashes.

Whoever commits mischief by doing any act which renders or which he knows to be likely to render any installation for the supply or distribution of water, less efficient for its intended purpose or which causes or which he knows to be likely to cause a diminution of the supply of water for animals which are the subject of ownership or for any domestic, agricultural or commercial purpose shall be punished with imprisonment for a term which and in either case shall be liable to caning which may extend to thirty-five lashes.

Whoever commits mischief by doing any act which renders or which he knows to be likely to render any public road, bridge or navigable river or navigable channel natural or artificial impassable or less safe for travelling or conveying property, shall be punished with imprisonment for life or any less term or with fine or with both.

Whoever commits mischief by doing any act which causes or which he knows to be likely to cause an inundation or an obstruction to any public drainage system attending with injury or damage shall be punished with imprisonment for a term which may extend to five months and shall also be liable to caning which may extend to twenty-five lashes.

Whoever commits mischief by doing any act which renders or which he knows to be likely to render any installation for generation, storing, transmitting or distributing electricity or any transmitting or distributing electricity or any telegraphortelephoneinstaffationlessefficientforitsintendedpurposeorwhir-h causes or which he knows to be likely to cause a diminution of any supply of electricity, shall be punished with imprisonment for term which may extend to five years and shall also be liable to caning which may extend to thirty lashes.

Whoever commits mischief by destroying or moving any landmark fixed by the authority of public servant or by any act which renders such landmark less useful as such shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

Whoever commits mischief by fire or any explosive substance intending to cause or knowing it to be likely that he will thereby cause damage to any property shall be punished:

(a) with imprisonment for a term which may extend to seven years; or

(b) with caning which may extend to forty lashes; and

(c) with restitution of the destroyed or damaged property.

Whoever commits mischief by fire or any explosive substance intending to cause, or knowing it to be likely that he will thereby cause the destruction of any building which is ordinarily used as a place of worship or as a human dwelling or as a place of custody of property, shall be punished with imprisonment for life or for any less term and shall be liable to fine.

Whoever commits mischief to any decked vessel or any vessel of a burden of twenty tons or upwards intending to destroy or render-unsafe or knowing it to be likely that he will thereby destroy or render unsafe that vessel, shall be punished with imprisom-nent for a term which may extend to fourteen years or with fine or with both.

Whoever commits or attempts to commit by fire or any explosive substance such mischief as is described in section 389 shall be punished with imprisonment for life or for any less term and shall also be liable to fine.

Whoever intentionally runs any vessel aground or ashore intending to commit theft of any property contained therein or to misappropriate any such property dishonestly or with intent that such theft or misappropriation of property may be committed 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 mischief having made preparation for causing to any person death or hurt or wrongful restraint or fear of death or of hurt or of wrongful restraint 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.

In this chapter:-

"Lottery" includes any game, method or device (whether in private or public) 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 lottery.

Whoever keeps any house or place to which persons are admitted for the purpose of betting or gambling or playing any game of chance or keeps any office or place for the purpose of drawing any lottery or assist in the conduct of any such house or place or office shall be punished with imprisonment for a term which may extend to six months or with caning of fifteen lashes or with fine or with any two of the above.

Whoever:-

(a) 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 or in event or contingence connected with a lottery; or

(b) draws, throws, declares or exhibits expressly or otherwise the winner or winning number, ticket, lot, figure, design, symbol or other result of any lottery; or

(c) writes, prints, publishes or causes to be written, printed or published any lottery ticket or any announcement relating to a lottery; or

(d) advances, furnishes or receives money for the purpose of a lottery, shall be punished with imprisonment for a term which may extend to six months or with caning of fifteen lashes or with fine or with any two of the above.

On conviction of an offence under section 394 or section 395 the court may in addition to any other penalty, make an order for the forfeiture of all equipment, instruments, money or money's worth and proceeds obtained and used in furtherance of the offences mentioned in sections 393 to 395 of this Shari'ah Penal Code.

Whoever cruelly beats, tortures or otherwise willfully ill-treats any tame or domestic animal or any wild animal which has previously been deprived of its liberty or arranges, promotes or organizes fights between cocks, birds, rams, or other domestic animals shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to one thousand Naira or with both.

Whoever wantonly overrides, overdrives or overloads any animal or wantonly employs any animal which by reason of age, sickness, wounds or infirmity is not in a condition to do work, or neglects any animal in such a manner as to cause it unnecessary suffering shall be punished with imprisonment for a term which may extend to three months orwith fine which may extend to one thousand Naira or with both.

On conviction of an offence under section 397 or section 398 the court may, in addition to or in substitution for any penalty, make an order for the temporary custody by the police or by any person or authority of the animal in respect of which such offence has been committed and may order the person convicted to pay such sum meanwhile as the court thinks fit for the maintenance and treatment of such animal and such sum shall be recoverable in the same manner as a fine inflicted under this Shari'ah Penal Code; or if such animal is suffering from incurable disease or injury as may be certified by a veterinary doctor/expert, order it to be destroyed.

Whoever by any means publicly insults or seeks to incite contempt of any religion in such a manner as to be likely to lead to a breach of the peace, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

Whoever destroys, damages or defiles any place of' worship of any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

Whoever voluntarily causes disturbance to any assembly lawfully engages in the performance of religious worship or religious ceremonies, shall be punished with imprisonment for a term, which may extend to one year or with fine or with both.

Whoever with the intention of wounding the feelings of any person or of insulting the religion of any person or with the knowledge that the feelings of any person are likely to be wounded or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or in any place of burial or offers any indignity to any human corpse or causes disturbance to any person assembled for the performance of funeral ceremonies, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

Whoever presides or is present at any unlawful trial by ordeal shall be punished:-

(a) with imprisonment for a term which may extend to five years or with caning which may extend to fifty lashes or with both; and

(b) if such trial result in the death of or any bodily injury to any party to the proceeding shall be punished under qisas.

The worship or invocation of any juju shall be unlawful.

EXPLANATION: "Juju" includes the worship or invocation of any subject or being other than Allah (S.W.T.)

Whoever:-

(a) by his statement or actions represent himself to be a witch or to have the power of witchcraft; or

(b) accuses or threatens to accuse any person with being a witch or with having the power of witchcraft; or

(c) makes or sells or uses or has in his possession or represents himself to be in possession of any juju, drug or charm which is intended lobe used or reported to possess the power to prevent or delay any person from doing an act which such person from doing an act which such person has a legal right to do, or to compel any 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

(d) presides at or is present at or takes part in the worship or invocation of any juju which has been declared unlawful under the provisions of section 405; or

(e) 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 or invocation of any juju; or

(f) makes or uses or assists in making or using or has in his possession any thing whatsoever the making, use, or possession of which has been declared unlawful under the provisions of section 405 shall be punished with death.

Whoever knowingly has in his possession any fetish or charm which is pretended or reputed to possess power to protect a person in the committing of any offence shall be punished with death.

Whoever knowingly eats or receives for the purpose of eating any part of human corpse shall be punished with death.

Whoever receives or has in his possession human corpse or any part thereof with the intention that such human corpse or any part thereof shall be possessed by any person as a trophy, juju or charm shall be punished with death.