Section 476-477 Nigerian Penal Code Act

Section 476-477 Penal Code (Northern States) Federal Provisions Act

Section 476 and 477 of the Penal Code Act is under Chapter XXXVII of the Act. The chapter is titled “Deportation and passports”.

Section 476 Penal Code Act

Deportation of non-citizens of Nigeria

(1) Whoever not being a citizen of Nigeria shall, upon conviction of an offence under section 201, 275, 276, 278 or 281 be liable to be deported by order of the Minister charged with responsibility for such matters, and the provisions of the Immigration Act shall apply mutatis mutandis in the case of a deportation under this section.

(2) Where any person being a citizen of Nigeria is deported from any British possession to Nigeria under the provisions of any law of such possession and for offences similar to the offences contained in sections 201, 275, 276, 278 or 281, such person may, on arrival in Nigeria, be kept temporarily in custody and returned under police escort to the place in Nigeria to which such person belongs.

Section 477 Penal Code Act

False statements in application for passports

Whoever for the purpose of procuring a passport, whether for himself or any other individual, makes or causes to be made in any written application to a public servant a statement which to the knowledge of such person is false in any material particular shall be punished with imprisonment which may extend to one year.

Section 474-475 Nigerian Penal Code Act

Section 474-475 Penal Code (Northern States) Federal Provisions Act

Section 474 and 475 of the Penal Code Act is under Chapter XXXVI of the Act. The chapter is titled “Offences relating to mines and minerals”.

Section 474 Penal Code Act

Fraudulently dealing with minerals in mines

Whoever takes, conceals, or otherwise disposes of, any ore of any metal or mineral in or about a mine, with intent to defraud shall be punished with imprisonment which may extend to three years or with fine or with both.

Section 475 Penal Code Act

Attempt to injure mines

Whoever with intent to injure a mine or to obstruct the working of a mine-
(a) unlawfully, and otherwise than by an act done underground in the course of working an adjoining mine-
(i) cause water to run into the mine or into any subterranean passage communicating with the mine; or
(ii) obstructs any shaft or passage of the mine; or

(b) unlawfully obstructs the working of any machine, appliance, or apparatus, appertaining to or used with the mine, whether the thing in question is completed or not; or

(c) unlawfully, and with intent to render it useless, injures or unfastens a rope, chain or tackle or whatever material, which is used in the mine, or upon any way or work appertaining to or used with the mine, shall be punished with imprisonment which may extend to seven years or with fine or with both.

Section 469-473 Nigerian Penal Code Act

Section 469-473 Penal Code (Northern States) Federal Provisions Act

Section 469, 470, 471, 472, and 473 of the Penal Code Act is under Chapter XXXV of the Act. The chapter is titled “Offences relating to railways and aircraft”.

Section 469 Penal Code Act

Intentionally endangering safety of persons travelling by railway

Whoever with intent to injure or to endanger the safety of any persons travelling by any railway-
(a) places anything on the railway; or
(b) deals with the railway or with anything whatever upon or near the railway, in such a manner as to affect or endanger the free and safe use of the railway; or
(c) shows any light or signal, or in any way deals with any existing light or signal, upon or near the railway; or
(d) by any omission to do any act which it is his duty to do causes the free and safe use of the railway to be endangered, shall be punished with imprisonment for life or for any less term and shall also be liable to fine.

Section 470 Penal Code Act

Obstructing and injuring railways

Whoever unlawfully and with intent to obstruct the use of a railway or to injure any property upon a railway-

(a) places anything on the railway; or
(b) deals with the railway or with anything whatever upon or near the railway, in such a manner as to affect or endanger the free and safe use of the railway; or
(c) shows any light or signal, or in any way deals with any existing light or signal, upon or near the railway.

Section 471 Penal Code Act

Damage to railway works

Whoever-
(a) intentionally damages or obstructs any work, way, road, building, turnstile, gate, toll bar, fence, weighing machine, engine, tender, carriage, wagon, truck material or plant belonging to any railway works; or
(b) intentionally interferes with, any pole, stake, flag, peg, line, mark, or anything driven or placed in or upon the ground, any tree, stone, or buildings, or any other material belonging to any railway works; or
(c) commits any nuisance or trespass in or upon any land, buildings or premises, acquired for or belonging to any railway works; or
(d) intentionally obstructs the officer in charge of any railway or his assistants or workmen in the execution of any work done or to be done in reference to the construction or maintenance of any such railway, shall be punished with imprisonment which may extend to three months or with fine which may extend to N40 or with both.

Section 472 Penal Code Act

Obstructing aircraft

Whoever, by any unlawful act obstructs, causes an alteration to be made in the course of or in any way whatsoever hinders or impedes the movement of any aircraft, which is in motion on or in flight over any aerodrome shall be punished with imprisonment which may ex-tend to two years or with fine or with both.

Section 473 Penal Code Act

Trespass on aerodrome

Whoever commits any nuisance or trespass in or upon any aerodrome or in or upon any building or premises situated on any aerodrome shall be punished with imprisonment which may extend to three months or with fine or with both.

Section 453-468 Nigerian Penal Code Act

Section 453-468 Penal Code (Northern States) Federal Provisions Act

Section 453 to 468 of the Penal Code Act is under Chapter XXXIV of the Act. The chapter is titled “Offences relating to posts and telecommunications”.

Section 453 Penal Code Act

Definitions

In this Chapter-
“mail” includes any conveyance of any kind by which postal matter is carried, and also any vessels employed by or under the Nigerian Postal Services Department, or the postal authority of any other country, or the Admiralty, for the conveyance of postal matter, under contract or not, and also a ship of war or other vessel in the service of the State in respect of letters conveyed by it and also a person or
animal used for the conveyance or delivery of postal matter;

“postal matter” includes any letter, telegram, newspaper, packet, parcel, or other thing, authorised by law to be transmitted by post, which has been posted or received at a post office for delivery or transmission by post, and which is in course of transmission by post and any movable receptacle which
contains any such thing, and which is in course or transmission by post;

“post office” and “telegraph office” respectively, include any structure, room, place or receptacle or any kind appointed by authority of the Postmaster-General for the receipt, despatch or delivery, of any postal matter or telegram, or for the transaction of the business of the department relating to posts and telegraphs; and

“telegraph office” includes any room or places used by a telegraph company for the receipt, despatch or delivery of telegrams.

Section 454 Penal Code Act

Paper and dies for postage stamps

Whoever without lawful authority, the proof of which lies on him-
(a) makes, or begins or prepares to make, or uses for any postal purpose, or has in his possession or disposes of any imitation or representation on paper or any other material, or any stamp used for denoting any rate or postage of Nigeria, or any other country; or
(b) make or mends, or begins or prepares to make or mend, or uses, or has in his possession or disposes of, any die, plate, instrument or material, for making any such imitation or representation, shall be punished with imprisonment which may extend to one year or with fine which may extend to N 100 or with both.

Explanation – A stamp purporting to denote a rate of postage of any country is to be taken to be a stamp used for postal purposes in that country until the contrary is shown.

Section 455 Penal Code Act

Paper for postal purposes

Whoever without lawful authority, the proof of which lies on him, knowingly has in his possession or disposes of any paper which has been specially provided by the proper authority for the purposes of being used for postage stamps, money orders, or postal orders, before such paper has been lawful issued for public use, shall be punished with imprisonment which may extend to two years or with fine or with both.

Section 456 Penal Code Act

Stopping mails

Whoever stops a mail with intent to carry out an unlawful search or to commit theft of postal matter shall be punished with imprisonment for life or any less term or with fine or with both.

Section 457 Penal Code Act

Intercepting telegrams or postal matter

Whoever unlawfully secretes, destroys, tampers with or obtains by cheating any postal matter shall be punished-
(a) with imprisonment for a term which may extend to seven years or with fine or with both; and
(b) if the postal matter so secreted or destroyed shall contain any money or chattel or any valuable security, shall be punished with imprisonment for life or any less term and shall also be liable to fine.

Section 458 Penal Code Act

Misdelivery of postal matter

Whoever being a public servant charged by virtue of his employment with the delivery of any postal matter intentionally delivers it to a person other than the person to whom it is addressed or to his authorised agent shall be punished with imprisonment for a term which may extend to three years or with fine or with both.

Section 459 Penal Code Act

Retarding delivery of postal matter

Whoever being a public servant charged with the handling of postal matter-
(a) neglects or refuses to receive, despatch, deliver or convey postal matter;
(b) intentionally detains or delays any postal matter;
(c) without proper authority allows any postal matter out of his possession;
(d) is guilty of any neglect whereby any postal matter is endangered, mislaid, detained or delayed, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

Explanation 1 – Nothing in this section shall extend to the opening or detaining of any postal matter returned because the addressee is dead or cannot be found or refuses to accept delivery or refuses or neglects to pay any charges payable in respect of the postal matter.

Explanation 2 – Nothing in this section shall extend to the opening, detaining or delaying of any postal matter by a public servant under the authority of any act or law or in obedience to an express warrant in writing under the hand of the Minister charged with responsibility for posts and telecommunications.

Section 460 Penal Code Act

Fraudulently removing stamps

Whoever with intent to defraud removes from any postal matter any stamp affixed thereon or removes from a stamp previously used any postal mark or knowingly uses a postage stamp which has been marked by a public servant authorised so to do shall be punished with imprisonment which may extend to one year or with fine or with both.

Section 461 Penal Code Act

Fraudulent evasion of postal laws

Whoever with fraudulent intent-
(a) subscribes on the outside of anything sent by post a false statement of its contents; or
(b) puts into a post office anything which falsely purports to be a thing falling within any exemption or privilege declared by the laws relating to postal matter, shall be punished with a fine which may extend to N 100.

Section 462 Penal Code Act

Unlawful franking of letters

Whoever being a public servant franks any postal matter-
(a) which does not relate to the business of his office; or
(b) which contains anything which does not relate to such business,
shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

Section 463 Penal Code Act

Sending dangerous or obscene things by post

Whoever intentionally sends by post anything which-
(a) encloses anything of such a nature as to be likely to cause injury to any person or thing in the course of conveyance; or
(b) encloses any obscene book, pamphlet, paper, gramophone record or similar article, drawing, painting, representation or figure, shall be punished with imprisonment for a term which may extend to one year or with tine or with both.

Section 464 Penal Code Act

Illegally setting up of post office

Whoever without the authority in writing of the Post-Master General places or maintains or permits to be placed or maintained, or to remain on any place under his control-

(a) the words “post office”, or
(b) the words “letter box”, accompanied with words, letters or marks which signify or imply, or may reasonably lead the public to believe, that it is a receptacle provided by authority for the reception of postal matter; or
(c) any words, letters or marks which signify or imply, or may reasonably lead the public to believe, that any place is a post office, or that any such receptacle is provided by authority, shall be punished with a fine which may extend to N 10.

Section 465 Penal Code Act

Damaging post office, etc.

Whoever intentionally destroys, damages or defaces, any post office, receptacle provided by authority for the reception of postal matter, or any card or notice relating to the postal or telegraph service set up by authority of the Post-Master General, shall be punished with a fine which may extend to N l00.

Section 466 Penal Code Act

Placing injurious substances in or against letter box

Whoever places in or against any receptacle provided by authority for the reception of postal matter or telegrams, any fire or match, or any explosive, dangerous, noxious or deleterious substance, or any fluid or filth shall be punished with a fine which may extend to N40.

Section 467 Penal Code Act

Interference with telecommunications

Whoever intentionally and unlawfully-
(a) destroys, damages or removes, any telecommunication works; or
(b) prevents or obstructs the sending or delivering of a communication by any telecommunication equipment, shall be punished with imprisonment which may extend to three years or with fine or with both.

Section 468 Penal Code Act

Negligently injuring telecommunications

Whoever negligently destroys or damages any telecommunication works shall be punished with a fine which may extend to N4.

Section 449-452 Nigerian Penal Code Act

Section 449-452 Penal Code (Northern States) Federal Provisions Act

Section 449, 450, 451, and 452 of the Penal Code Act is under Chapter XXXIII of the Act. The chapter is titled “Offences relating to weights and measures”.

Section 449 Penal Code Act

Fraudulent use of false instrument for weighing

Whoever fraudulently uses any instrument for weighing which he knows to be false, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

Section 450 Penal Code Act

Fraudulent use of false weight or measure

Whoever fraudulently uses any false weight or false measure of length or capacity or fraudulently uses any weight or any measure of length or capacity as a different weight or measure from what it is, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

Section 451 Penal Code Act

Being in possession of false weight or measure

Whoever is in possession of any instrument for weighing or of any weight or of any measure of length or capacity which he knows to be false and intending that the same may be fraudulently used, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

Section 452 Penal Code Act

Making or selling false weight or measure

Whoever makes, sells or disposes of any instrument for weighing or any weight or any measure of length or capacity which he knows to be false in order that the same may be used as true or knowing that the same is likely to be used as true, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

Section 440-448 Nigerian Penal Code Act

Section 440-448 Penal Code (Northern States) Federal Provisions Act

Section 440, 441, 442, 443, 444, 445, 446, 447, and 448 of the Penal Code Act is under Chapter XXXII of the Act. The chapter is titled “Offences relating to revenue stamps”.

Section 440 Penal Code Act

Revenue stamp defined

For the purposes of this chapter the words “revenue stamp” mean a stamp issued by or under the authority of any government for postal or other revenue purposes.

Section 441 Penal Code Act

Counterfeiting revenue stamp

Whoever counterfeits or knowingly performs any part of the process of counterfeiting any revenue stamp, shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to tine.

Explanation – A person commits this offence who counterfeits by causing a genuine revenue stamp of one denomination to appear like a genuine revenue stamp of a different denomination.

Section 442 Penal Code Act

Having possession of instrument or material for counterfeiting revenue stamp

Whoever has in his possession any instrument or material for the purpose of being used or knowing or having reason to believe that it is intended to be used for the purpose of counterfeiting any revenue stamp, shall be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fine.

Section 443 Penal Code Act

Making or selling instrument for counterfeiting revenue stamp

Whoever makes or performs any part of the process of making or buys or sells or disposes of any instrument for the purpose of being used or knowing or having reason to believe that it is intended to be used for the purpose of counterfeiting any revenue stamp, shall be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fine.

Section 444 Penal Code Act

Import, export, use or sale of counterfeit revenue stamps

Whoever imports into Nigeria or exports therefrom or uses as genuine or sells or offers for sale any stamp which he knows or has reason to believe to be a counterfeit of any revenue stamp, shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.

Section 445 Penal Code Act

Having possession of counterfeit revenue stamp

Whoever has in his possession any stamp which he knows to be a counterfeit of any revenue stamp intending to use or dispose of the same as a genuine revenue stamp or in order that it may be used as a genuine revenue stamp, shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.

Section 446 Penal Code Act

Effacing writing from substance bearing revenue stamp, or removing from document a stamp used for it, with intent to cause loss

Whoever fraudulently or with intent to cause loss to any government removes or effaces from any substance bearing any revenue stamp any writing or document for which such revenue stamp has been used or removes from any writing or document a revenue stamp which has been used for such writing or document in order that such revenue stamp may be used for a different writing or document, shall be
punished with imprisonment for a term which may extend to three years or with fine or with both.

Section 447 Penal Code Act

Using revenue stamp known to have been used before

Whoever fraudulently or with intent to cause loss to any government uses for any purpose any revenue stamp which he knows to have been used before, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.

Section 448 Penal Code Act

Erasure of mark denoting that revenue stamp has been used

Whoever fraudulently or with intent to cause loss to any government erases or removes from any revenue stamp any mark put or impressed upon such revenue stamp for the purpose of denoting that the same has been used or knowingly has in his possession or sells or disposes of any such revenue stamp which he knows to have been used, shall be punished with imprisonment for a term which may extend to three years or with fine or with both.

Section 432-439 Nigerian Penal Code Act

Section 432-439 Penal Code (Northern States) Federal Provisions Act

Section 432, 433, 434, 435, 436, 437, 438, and 439 of the Penal Code Act is under Chapter XXXI of the Act. The chapter is titled “Offences relating to coin and notes”.

Section 432 Penal Code Act

Coin and note defined

(1) Coin is metal used for the time being as money and stamped and issued by or under the authority of the Government of the Federation in order to be so used.
(2) For the purposes of this chapter the word “note” includes every currency note issued by or under the authority of the Government of the Federation and intended to be used as equivalent to or as a substitute for money and bank note which is legally current in any country.

Section 433 Penal Code Act

Counterfeiting coin or notes

Whoever counterfeits or knowingly performs any part of the process of counterfeiting any coin or note shall be punished with imprisonment for life or any less term and shall also be liable to fine.

Explanation – A person commits this offence who, intending to practise deception or knowing it to be likely that deception will thereby be practised, causes a genuine coin or note to appear like a different coin or note.

Section 434 Penal Code Act

Making or selling instrument for counterfeiting coin or notes

Whoever makes or mends or performs any part of the process of making or mending or buys, sells or disposes of any die or instrument for the purpose of being used or knowing or having reason to believe that it is intended to be used for the purpose of counterfeiting coin or notes shall be punished with imprisonment for life or for any less term and shall also be liable to fine.

Section 435 Penal Code Act

Possession of instrument or material for counterfeiting

Whoever is in possession of any instrument or material for the purpose of using the same for counterfeiting coin or notes or knowing or having reason to believe that the same is in- tended to be used for that purpose shall be punished with imprisonment which may extend to fourteen years or with fine or with both.

Section 436 Penal Code Act

Import or export of counterfeit coin or notes

Whoever imports into Nigeria or exports there from any counterfeit coin or note knowing or having reason to believe that the same is counterfeit, shall be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fine.

Section 437 Penal Code Act

Fraudulently diminishing weight or altering composition of coin

Whoever fraudulently or dishonestly performs on any coin any operation which diminishes the weight or alters the composition of that coin, shall be punished with imprisonment for a term which may extend to ten years and shall also be liable to fine.

Explanation – A person who scoops out part of a coin and puts anything else into the cavity alters the composition of that coin.

Section 438 Penal Code Act

Delivery of coin or note possessed with knowledge that it is counterfeit

Whoever, having in his possession any counterfeit coin or note or any coin with respect to which an offence under section 437 of this Chapter has been committed and having known at the time when he became possessed of such coin or note that such coin or note was counterfeit or that such offence had been committed with respect to such coin, fraudulently or with intent that fraud may be committed
delivers such coin or note to any other person or attempts to induce any other person to receive the same, shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to fine.

Section 439 Penal Code Act

Possession of coin or note by person who knew it to be counterfeit when he became possessed thereof.

Whoever fraudulently or with intent that fraud may be committed is in possession of any counterfeit coin or note or of any coin with respect to which an offence under section 437 of this Chapter has been committed having known at the time of becoming possessed thereof that such coin or note was counterfeit or that such offence had been committed with respect to such coin, shall be punished with
imprisonment for a term which may extend to seven years and shall also be liable to fine.

Section 428-431 Nigerian Penal Code Act

Section 428-431 Penal Code (Northern States) Federal Provisions Act

Section 428, 429, 430, and 431 of the Penal Code Act is under Chapter XXX of the Act. The chapter is titled “Offences relating to ships and wharves”.

Section 428 Penal Code Act

Definitions

In this Chapter-
“crew” includes masters, mates, pilots, engineers, stokers, deckhands and all persons engaged in the navigation or service of a ship;

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

“ship” includes every description of vessel in the service of the Government or the Government of the Federation and every passenger steamer employed in local navigation on the inland and territorial waters of Nigeria, but does not include ocean going ships not in the service of the Government of the Federation or vessels or canoes of native manufacture.

Section 429 Penal Code Act

Offences relating to ships

(1) Whoever-
(a) obstructs any member of the crew in the navigation or management of a ship;
(b) after having been refused admission to a ship by any authorised member of the crew on account of the ship being full, attempts to enter the ship;
(c) having gone on board the ship at any place and being requested, on account of the ship being full, by any duly authorised member of the crew to leave the ship, before it has quilted that place, does not comply with that
(d) travels in a ship without first paying his fare and with intent to avoid payment;
(e) being on board a ship fails when requested by an authorised member of the crew to pay his fare or exhibit the ticket or other receipt, if any, showing the payment of his fare;
(f) travels in that part of a ship which is set apart for passengers of a superior class to that for which he holds a ticket;
(g) travels in any ship or part of a ship which is not set apart for public passengers and on being ordered by any authorised member of the crew to leave such place refuses to do, shall be punished with a fine which may extend to N 10.

(2) Whoever commits an offence under subsection (1) of this section and on the application of the officer in charge of the ship, refuses to give his name and address, or gives a false name or address, shall be punished with a fine which may extend to N 40.

Section 430 Penal Code Act

Entering ship or wharf without ticket

Whoever not being a passenger by a ship or not having purchased a ticket to travel by a ship enters upon any enclosed quay, wharf, or landing place and on being ordered to leave such quay, wharf, or landing place by any public servant acting in the course of his duty refuses to do so shall be punished with imprisonment which may extend to one month or with fine or with both.

Section 431 Penal Code Act

Interfering with navigation works

Whoever intentionally and unlawfully-
(a) removes or disturbs any fixed objects or materials used for securing a bank or wall of a river, canal, aqueduct, reservoir or inland water, or for securing any work which appertains to a dock, canal, aqueduct, reservoir or inland water, or which is used for purposes of navigation or lading or unlading goods; or
(b) does any act which obstructs the carrying on or maintenance of the navigation of a navigable river or canal, shall be punished with imprisonment which may extend to seven years or with tine or with both.

Section 426-427 Nigerian Penal Code Act

Section 426-427 Penal Code (Northern States) Federal Provisions Act

Section 426 and 427 of the Penal Code Act is under Chapter XXIX of the Act. The chapter is titled “Offences relating to copyright”.

Section 426 Penal Code Act

Making or dealing in copies of copyright work

Whoever intentionally-
(a) makes for sale or hire any copy of a work which infringes a copyright; or
(b) sells or lets for hire any copy of any such work; or
(c) distributes copies of any such work for the purposes of trade or to such an extend as to affect prejudicially the owner of the copyright; or
(d) by way of trade exhibits in public any copy of any such work,
shall be punished with imprisonment for a term which may extend to five years or with fine which may extend to N 1,000 or with both.

Section 427 Penal Code Act

Being in possession of plate for making copies: giving unauthorised performances of copyright work

Whoever intentionally makes or possesses any plate for the purpose of making copies of any work which infringes a copyright, or intentionally and for profit causes any such work to be performed in public without the consent of the owner of the copyright shall be punished with imprisonment for a term which may extend to five years or with fine which may extend to N 1,000.

Section 423-425 Nigerian Penal Code Act

Section 423-425 Penal Code (Northern States) Federal Provisions Act

Section 423, 424, and 425 of the Penal Code Act is under Chapter XXVIII of the Act. The chapter is titled “Customs offences”.

Section 423 Penal Code Act

Smuggling or rescuing goods under arms

Whoever assembles with two or more persons armed with any dangerous weapon for any of the following purposes-
(a) to unlawfully ship, unship, load, move or carry away any goods the importation of which is prohibited, or any goods liable to customs duties, which duties have not been paid or secured;
(b) to rescue or take any such goods from any person authorised to seize them, or from any person employed by that person, or assisting that person, shall be punished with imprisonment which may extend to seven years or with fine or with both.

Section 424 Penal Code Act

Smuggling under arms or in disguise

Whoever assembles with five or more persons who have with them any goods liable to forfeiture under any law relating to the customs, and who are carrying dangerous weapons, or who are disguised shall be punished with imprisonment which may extend to seven years or with fine or with both.

Section 425 Penal Code Act

Assembling for the purpose of smuggling

Whoever assembles with two or more persons for the purpose of shipping, carrying, or concealing any goods subject to customs duty and liable to forfeiture under any law relating to the customs shall be punished with imprisonment which may extend to six months or with fine which may extend to N200.