Section 416-422 Penal Code (Northern States) Federal Provisions Act

Section 416, 417, 418, 419, 420, 421, and 422 of the Penal Code Act is under Chapter XXVII of the Act. The chapter is titled “Sedition”.

Section 416 Penal Code Act

Inciting disaffection to the Government

Whoever by words, either spoken or reproduced by mechanical means or intended to be read, or by signs or by visible representation or otherwise excites or attempts to excite feelings of disaffection against the person of the President or the Governor of a State, or against the Government, or the Constitution, or any State thereof or against the administration of justice in Nigeria or any State thereof, shall be punished with imprisonment for a term which may extend to seven years or with fine or with both.

Explanation 1 – The expression “disaffection” includes disloyalty and all feelings of enmity.

Explanation 2 – Comments expressing disapprobation of the measures of the Government of the Federation or of any State Government of Nigeria with a view to obtaining their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

Explanation 3 – Comments expressing disapprobation of the administrative or other action of the Government of the Federation or any State Government of Nigeria without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section.

Section 417 Penal Code Act

Exciting hatred between classes

Whoever, seeks to excite hatred or contempt against any class of persons in such a way as to endanger the public peace, shall be punished with imprisonment for a term which may extend to three years or with fine or with both.

Section 418 Penal Code Act

Publication of false news with intent to cause offence against the public peace

Whoever circulates, publishes or reproduces any statement, rumour or report which he knows or has reason to believe to be false with intent to cause or which is likely to cause fear or alarm to the public whereby any person may be induced to commit an offence against the public peace, shall be punished with imprisonment which may extend to three years or with fine or with both.

Section 419 Penal Code Act

Possession of seditious articles

Whoever has in his possession without lawful excuse, the proof of which shall lie on him, any book, pamphlet, paper, gramophone record, tape recording, drawing, printing, photograph, cinema film or other visible or audible representation or reproduction, the publication or exhibition of which would constitute an offence under section 416, 417 or 418 of this Chapter, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

Section 420 Penal Code Act

Power to prohibit importation of publications

(1) The Minister charged with responsibility for such matters may, if he is of opinion that the importation or any publication would be contrary to the public interest, by order prohibit the importation of such publication.

(2) If such Minister is of opinion that it would be in the public interest to do so he may by order prohibit the importation of all publications published by or on behalf of any organisation or association of persons specified in the order.

(3) An order made under the provisions of subsection (1) of this section shall, unless a contrary intention in expressed therein, have effect-

(a) with respect to all subsequent issues of such publication; and

(b) not only with respect to any publication under the name specified in relation thereto in the order, but also with respect to any publication published under any other name if the publishing thereof is in any respect in continuation of, or in substitution for, the publishing of the publication named in the order.

(4) An order made under the provisions of subsection (2) of this section shall, unless a contrary intention is expressed therein, have effect not only with respect to all publications published by or on behalf of the organisation or association of persons named therein before the date of the order but also with respect to all publications so published on or after such date.

(5) An order made under the provisions of subsection (1) or (2) of this section shall, unless a contrary intention is expressed therein, apply to any translation into any language whatsoever of the publication specified in the order.

Section 421 Penal Code Act

Punishment for importation of prohibited publications

Whoever intentionally imports, publishes, sells, distributes or reproduces or has in his possession any publication the importation of which has been prohibited under section 420 of this Chapter or any extract therefrom, shall be punished with imprisonment which may extend to three years or with fine or with both.

Section 422 Penal Code Act

Unlawful drilling

Whoever without the permission of the President, instigates, practises, takes part in or is concerned in any exercise, movement, evolution or drill of a military nature shall be punished with imprisonment which may extend to seven years or with fine or with both.