Home » Nigeria » Nigerian Criminal Code Act » Section 112-133 of the Nigerian Criminal Code Act

Section 112-133 of the Nigerian Criminal Code Act

Arrangement – SECTION Section 1-6 [CHAPTER 1- Interpretation] Section 7-10 [CHAPTER 2 – Parties to Offences ] Section 10A-16 [CHAPTER 3 – Application of Criminal Law]  Section 17-21 [ CHAPTER 4  –  Punishments ] Section 22-36 [CHAPTER  5 Criminal –  Responsibility ] Section 37-49D [CHAPTER  6, CHAPTER 6A  – Treachery  ] Section 50-60 [CHAPTER 7]  Section 61-68 [CHAPTER  8, CHAPTER  9 ] Section 69-88A [CHAPTER  10  – Unlawful  assemblies:  breaches  of  the  peace] Section 89-111 [CHAPTER  11 – Disclosure  of  official  secrets  and  abstracting  document, CHAPTER  12 – Corruption  and  abuse  of  office ]   Section 112-133 [CHAPTER  13 – Selling  and  Trafficking  in  offices, CHAPTER  14 Offences  relating  to  the  administration  of  justice]  Section 134-145 [CHAPTER  15 – Escapes;  Rescues;  obstructing  officers  of  court] Section 146-160B [CHAPTER  16 – Offences  relating  to  the  Currency] Section 161-175 [CHAPTER  17 – Offences  relating  to  Posts  and  Telecommunications]  Section 176-189 [CHAPTER  17 – Offences  relating  to  Posts  and  Telecommunications] Section 190-203 [CHAPTER  18 – Miscellaneous  offences  against public authority ] Section 204-213 [CHAPTER  19 , CHAPTER  20 ] Section 214-233 [CHAPTER  21 – Offences  against  Morality ] Section 233B-233F [CHAPTER  21A – Obscene  Publications ] Section 234-242 [CHAPTER  22 – Nuisances;  gaming  houses;  lotteries;  misconduct  relating  to  corpses] Section 243-251 [CHAPTER  23 , CHAPTER  24] Section 252-280 [CHAPTER  25 – Assaults  and  violence  to  the  person  generally;  justification  and  excuse]  Section 281-299 [CHAPTER  25 – Assaults  and  violence  to  the  person  generally;  justification  and  excuse ] Section 300-329 [CHAPTER  26, CHAPTER  27]  Section 330-350 [CHAPTER  28 – Offences  endangering  life  or health] Section 351-369 [CHAPTER  29 – 31] Section 370-390 [CHAPTER  32 – 34] Section 391-400 [CHAPTER  35 – Offences  analogous  to  stealing] Section 401-409 [CHAPTER  36 – Stealing  with  violence:  extortion  by  threats ] Section 410-433 [CHAPTER  37 – 39] Section 434-442 [CHAPTER  40 – 41] Section 443-462 [CHAPTER  42 – Offences ] Section 463-479 [CHAPTER  43 – 44] Section 480-489 [CHAPTER  45 – 46 (Personation)] Section 490-507 [CHAPTER  47 – 52] Section 508-521 [CHAPTER  53 – 55]

Section 112-133 of the Nigerian Criminal Code Act

Section 112-133 of the Nigerian Criminal Code Act is under Chapter 13 (Selling and Trafficking in offices) and Chapter 14 (Offences relating to the administration of justice) of the Act.

Section 112 of the Nigerian Criminal Code Act

Bargaining for offices in public service

Any person who‐
(1) corruptly asks, receives, or obtains, or agrees or attempts to receive or obtain, any property or
benefit of any kind for himself or any other person on account of anything already done or omitted to be
done, or to be afterwards done or omitted to be done, by him or any other person, with regard to the
appointment or contemplated appointment of any person to any office or employment in the public
service, or with regard to any application by any person for employment in the public service; or
(2) corruptly gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt
to procure, to, upon, or for, any person any property or benefit of any kind on account of any such act or
omission,
is guilty of a felony and is liable to imprisonment for three years.
The offender cannot be arrested without warrant.

See also  Nigerian Criminal Code Act (Preamble)

Chapter 14 – (Offences relating to the administration of justice)

Section 113 of the Nigerian Criminal Code Act

Definition of judicial proceeding

In this Chapter, the term “judicial proceeding” includes any proceeding had or taken in or before any
court, tribunal, commission of inquiry, or person, in which evidence mayor may not be taken on oath.

Section 114-116 of the Nigerian Criminal Code Act

Section 114-116 has been Deleted by 1966 No. 84

Section 117 of the Nigerian Criminal Code Act

Perjury

Any person who, in any judicial proceeding, or for the purpose of instituting any judicial proceeding,
knowingly gives false testimony touching any matter which is material to any question then pending in
that proceedings, or intended to be raised in that proceeding, is guilty of an offence which is called
perjury,
It is immaterial whether the testimony is given on oath or under any other sanction authorised by law.
The forms and ceremonies used in administering the oath or in otherwise binding the person giving the
testimony to speak the truth are immaterial, if he assent to the forms and ceremonies actually used.
It is immaterial whether the false testimony is given orally or in writing.
It is immaterial whether the court or tribunal is properly constituted, or is held in the proper place, or
not, if it actually acts as a court or tribunal in the proceeding in which the testimony is given.
It is immaterial whether the person who gives the testimony is a competent witness or not, or whether
the testimony is admissible in the proceeding or not.
The offender cannot be arrested without warrant.

Section 118 of the Nigerian Criminal Code Act

Punishment of perjury

Any person who commits perjury is liable to imprisonment for fourteen years.
If the offender commits the offence in order to procure the conviction of another person for an offence
punishable with death or with imprisonment for life he is liable to imprisonment for life.

Section 119 of the Nigerian Criminal Code Act

Evidence on charge of perjury

A person cannot be convicted of committing perjury, or of counselling or procuring the commission of
perjury, upon the uncorroborated testimony of one witness.

Section 120 of the Nigerian Criminal Code Act

Fabricating evidence

Any person who, with intent to mislead any tribunal in any judicial proceeding‐
(1) fabricates evidence by any means other than perjury or counselling or procuring the
commission of perjury; or
(2) knowingly makes use of such fabricated evidence,
is guilty of a felony and is liable to imprisonment for seven years.
The offender cannot be arrested without warrant.

Section 121 of the Nigerian Criminal Code Act

Corruption of witnesses

Any person who‐
(1) gives, confers, or procures, or promises or offers to give or confer, or to procure or attempt
to procure, any property or benefit of any kind to, upon, or for, any person, upon any agreement or
understanding that any person called or to be called as a witness in any judicial proceeding shall give
false testimony or withhold true testimony; or
(2) attempts by any other means to induce a person called or to be called as a witness in any
judicial proceeding to give false testimony or to withhold true testimony; or
(3) asks, receives or obtains, or agrees or attempts to receive or obtain any property or benefit of any
kind for himself or any other person, upon any agreement or understanding that any person shall as a
witness in any judicial proceeding give false testimony or withhold true testimony,
is guilty of a felony and is liable to imprisonment for seven years.
The offender cannot be arrested without warrant.

Section 122 of the Nigerian Criminal Code Act

Deceiving witnesses

Any person who practises any fraud or deceit, or knowingly makes or exhibits any false statement,
representation, token, or writing, to any person called or to be called as a witness in any judicial
proceeding, with intent to affect the testimony of such person as a witness, is guilty of a felony and is
liable to imprisonment for three years.
The offender cannot be arrested without warrant.

See also  Section 410-433 of the Nigerian Criminal Code Act

Section 123 of the Nigerian Criminal Code Act

Destroying evidence

Any person who, knowing that any book, document, or other thing of any kind, is or may be required in
evidence in a judicial proceeding, wilfully removes, conceals or destroys it or renders it illegible or
undecipherable or incapable of identification, with intent thereby to prevent it from being used in
evidence, is guilty of a felony, and is liable to imprisonment for three years.
The offender cannot be arrested without warrant.

Section 124 of the Nigerian Criminal Code Act

Preventing witnesses from attending

Any person who wilfully prevents or attempts to prevent any person who has been duly summoned to
attend as a witness before any court or tribunal from attending as a witness or from producing anything
in evidence pursuant to the subpoena or summons, is guilty of a misdemeanour and is liable to
imprisonment for one year.

Section 125 of the Nigerian Criminal Code Act

Conspiracy to bring false accusation

Any person who conspires with another to charge any person or cause any person to be charged with
any offence, whether alleged to have been committed in Nigeria or elsewhere, knowing that such
person is innocent of the alleged offence or not believing him to be guilty of the alleged offence, is guilty
of a felony.
If the offence is such that a person convicted of it is liable to be sentenced to death or to imprisonment
for life, the offender is liable to imprisonment for life.
If the offence is such that a person convicted of it is liable to be sentenced to imprisonment, but for a
term less than life, the offender is liable to imprisonment for fourteen years.
In any other case the offender is liable to imprisonment for seven years. The offender cannot be
arrested without warrant.

Section 125A of the Nigerian Criminal Code Act

Making false statement to public officers with intent

(1) Any individual who gives any information which he knows or believes to be false to any
person employed in the public service with the intention of causing such person‐
(a) to do or omit to do anything which such person ought not to do or ought not to omit to
do if the true facts concerning the information given were known to such person; or
(b) to exercise or use his lawful powers as a person employed in the public service to the
injury or annoyance of any other person,
is guilty of an offence and liable to imprisonment for one year.
(2) A prosecution for an offence under this section of this Code shall not be instituted‐
(a) without the consent of a superior police officer; or
(b) where in any division an administrative officer has been duly appointed to have charge
of the police therein under the provisions of subsection (1) of section 7 of the Police Act,
[Cap. P19.]
without the consent of that administrative officer.

Section 126 of the Nigerian Criminal Code Act

Perverting justice

(1) Any person who conspires with another to obstruct, prevent, pervert, or defeat the course of
justice is guilty of a felony and is liable to imprisonment for seven years.
The offender cannot be arrested without warrant.
(2) Any person who attempts, in any way not specially defined in this Code, to obstruct, prevent,
pervert, or defeat, the course of justice, is guilty of a misdemeanor and is liable to imprisonment for two
years.

Section 127 of the Nigerian Criminal Code Act

Compounding felonies

Any person who asks, receives, or obtains, or agrees or attempts to receive or obtain any property or
benefit of any kind for himself or any other person upon any agreement or understanding that he will
compound or conceal a felony, or will abstain from, discontinue, or delay a prosecution for a felony, or
will withhold any evidence thereof, is guilty of an offence.
If the felony is such that a person convicted of it is liable to be sentenced to death or imprisonment for
life, the offender is guilty of a felony, and is liable to imprisonment for seven years.
In any other case the offender is liable to imprisonment for three years. The offender cannot be arrested
without warrant.

See also  Section 351-369 of the Nigerian Criminal Code Act

Section 128 of the Nigerian Criminal Code Act

Compounding penal actions

Any person who, having brought, or under pretence of bringing an action against another person upon a
penal Act, law or statute in order to obtain from him a penalty for any offence committed or alleged to
have been committed by him, compounds the action without the order or consent of the court in which
the action is brought or is to be brought, is guilty of a misdemeanour and is liable to imprisonment for
one year.

Section 129 of the Nigerian Criminal Code Act

Advertising a reward for the return of stolen or lost property

Any person who‐
(1) publicly offers a reward for the return of any property which has been stolen or lost, and in
the offer makes use of any words purporting that no question will be asked, or that the person
producing such property will not be seized or molested; or
(2) publicly offers to return to any person who may have bought or advanced money by way of
loan upon any stolen or lost property the money so paid or advanced, or any other sum of money or
reward for the return of such property; or
(3) prints or publishes any such offer,
is guilty of a simple offence and is liable to a fine of one hundred naira.

Section 130 of the Nigerian Criminal Code Act

Delay to take person arrested before a court

Any person who, having arrested another upon a charge of an offence, wilfully delays to take him before
a court to be dealt with according to law, is guilty of a misdemeanour and is liable to imprisonment for
two years.

Section 131 of the Nigerian Criminal Code Act

Bringing fictitious action on penal Act, law or statute

Any person who, in the name of a fictitious plaintiff, or in the name of a real person but without his
authority, brings an action against another person upon a penal Act, law or statute for the recovery of a
penalty for any offence committed or alleged to have been committed by him, is guilty of a
misdemeanour and is liable to imprisonment for two years.

Section 132 of the Nigerian Criminal Code Act

Inserting advertisement without authority of court

Any person who, without authority, or knowing the advertisement to be false in any material particular
inserts or causes it to be inserted in the Federal Gazette, or a State Gazette, or in any newspaper an
advertisement purporting to be published under the authority of any court or tribunal, is guilty of a
misdemeanour and is liable to imprisonment for two years.

Section 133 of the Nigerian Criminal Code Act

Contempt of court

Any person who-
1) within the premises in which any judicial proceeding is being had or taken, or within the
precincts of the same, shows disrespect, in speech, or manner, to or with reference to such proceeding,
or any person before whom such proceeding is being had or taken; or
(2) having been called upon to give evidence in a judicial proceeding, fails to attend or, having
attended, refuses to be sworn or to make an affirmation, or, having been sworn or affirmed, refuses
without lawful excuse to answer a question, or to produce a document, or prevaricates, or remains in
the room in which such proceeding is being had or taken, after the witnesses have been ordered to
leave such room; or
(3) causes an obstruction or disturbance in the course of a judicial proceeding; or
(4) while a judicial proceeding is pending, makes use of any speech or writing, misrepresenting
such proceeding, or capable of prejudicing any person in favour of or against any party to such
proceeding, or calculated to lower the authority of any person before whom such proceeding is being
had or taken; or
(5) publishes a report of the evidence taken in any judicial proceeding which has been directed
to be held in private; or
(6) attempts wrongfully to interfere with or influence a witness in a judicial proceeding, either
before or after he has given evidence, in connection with such evidence; or
(7) dismisses a servant because he has given evidence on behalf of a certain party to a judicial
proceeding; or
(8) re‐takes possession of land from any person who has recently obtained possession by a writ
of court; or
(9) commits any other act of intentional disrespect to any judicial proceeding, or to any person
before whom such proceeding is being had or taken,
is guilty of a simple offence and liable to imprisonment for three months.


Credit: https://lawsofnigeria.placng.org/laws/C38.pdf

More Posts

Section 47 EFCC Act 2004: Short Title

Section 47 EFCC Act 2004 Section 47 of the EFCC Act 2004 is about Short Title. This Act may be cited as the Economic and Financial Crimes Commission (Establishment,

Section 46 EFCC Act 2004: Interpretation

Section 46 EFCC Act 2004 Section 46 of the EFCC Act 2004 is about Interpretation. In this Act – Interpretation “Commission” means the Economic and Financial Crimes Commission established

Section 45 EFCC Act 2004: Savings

Section 45 EFCC Act 2004 Section 45 of the EFCC Act 2004 is about Savings. The repeal of the Act specified in section 43 of this Act shall not

Facebook
Twitter
LinkedIn

Leave a Reply

Your email address will not be published. Required fields are marked *

LawGlobal Hub is your innovative global resource of law and more. We ensure easy accessibility to the laws of countries around the world, among others