Section 176-189 of the Nigerian Criminal Code Act

Section 176-189 of the Nigerian Criminal Code Act

Section 161-189 of the Nigerian Criminal Code Act is under Chapter 17 (Offences relating to Posts and Telecommunications) of the Act.

Section 176 of the Nigerian Criminal Code Act

Carrying letters otherwise than by post

Any person who, not being authorised by the Postmaster‐General
[1966 No. 84.]
(1) sends or conveys a letter otherwise than by post; or
(2) takes charge of a letter for conveyance,
is guilty of a simple offence and is liable to a fine of one hundred naira.
This section of this Code does not extend to a letter sent or conveyed to a place in Nigeria with which
postal communication has not been established, nor to a letter exceeding the weight prescribed by law
for letters sent by post, nor to a letter sent by a private friend without hire or reward, on his way,
journey, or travel, so as such letter be delivered to the party to whom it is directed, nor to a letter to be
sent out of Nigeria by a vessel not being a packet boat, nor to a letter concerning goods sent and to be
delivered with it, without any hire or reward being paid or received in respect thereof, or containing
process of, or proceedings or pleadings in, a court of justice, or briefs or cases, of instructions for
counsel and their opinions thereon, or containing a deed, affidavit, or power of attorney, nor to a letter
sent by a special messenger and concerning the private affairs of the sender, nor to a letter sent or
carried to or from the nearest post office:
Provided always that nothing in this section of this Code shall authorise any of the persons hereinafter
named to carry a letter, or to receive or collect or deliver a letter, although they shall not receive hire or
reward for the same‐
(a) common carriers, except a letter concerning goods which they are conveying;
(b) officers of the Nigerian Postal Service;
(c) owners, masters, or commanders of vessels being passage or packet boats, sailing and
passing between places in Nigeria with which postal communication has been
established, except in respect of letters concerning goods on board, or letters belonging
to the owners of such vessels;
(d) passengers, members of the crew, or other persons on board any such vessels as is
mentioned in paragraph (c) of this section;
(e) owners of, members of the crew, or others on board a vessel passing or repassing on a
river within Nigeria, except with respect to places in Nigeria with which postal
communication has not been established.

Section 177 of the Nigerian Criminal Code Act

Illegally making of postal envelopes or setting up post office or office for sale of stamp, or
imitating post office

Any person who‐
[1966 No. 84. L.N. 112 of 1964.]
(1) without lawful authority or excuse, the proof of which lies on him‐
(a) makes any envelope, wrapper, card, form, or paper, in imitation of one issued by or under
the authority of the Postmaster‐General or of the postal authority of any other country, or
having thereon any word, letter, or mark, which signifies or implies, or may reasonably induce
a person receiving it to believe, that a letter, newspaper, packet, or parcel, bearing such word,
letter, or mark, is sent on State service, or on the public service of another country; or
(b) makes on any envelope, wrapper, card, form, or paper, in order to its being issued or
sent by post or otherwise, any stamp or mark in imitation of a stamp or mark of any
post office under the control of the Postmaster‐General or of the postal authority of any
other country, or any other stamp or mark, or any word or letter, which signifies or
implies, or may reasonably induce a person receiving it to believe, that a letter,
newspaper, packet, or parcel, bearing such stamp, mark, word, or letter, is sent on State
service, or on the public service of another country; or
(c) issues or sends by post or otherwise, any envelope, wrapper, card, form, or paper, so
marked; or
(2) without the authority of the Postmaster‐General, the proof of which lies on the person
charged, places or maintains, or permits to be placed or maintained, or to remain in, on, or near, any
place under his control‐
(i) the words “post office”; or
(ii) 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
the authority of the Postmaster‐General for the reception of postal matter; or
(iii) 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 the
authority of the Postmaster‐General as aforesaid; or
(3) without the authority of the Postmaster‐General, the proof of which lies on the person
charged, places, or permits to be placed or to remain, on any vehicle or vessel under his control the
words “royal mail”, or any word, letter or mark, which signifies or implies, or may reasonably induce any
person to believe, that the vehicle or vessel is used for the conveyance of mails; or
(4) without the licence of the Minister charged with responsibility for postal matters, the proof
of which lies on the person charged‐
(i) sells, or offers or exposes for sale, any postage stamp; or
(ii) places, permits to be placed or to remain, on or near to his house or premises the words
“licensed to sell stamps”, or any word, letter or mark, which signifies or implies, or may reasonably
induce any person to believe, that he is duly licensed to sell postage stamps,
is guilty of a simple offence and is liable to a fine of ten naira.

Section 178 of the Nigerian Criminal Code Act

Destroying or damaging letter box

Any person who wilfully destroys or damages any receptacle provided by authority of the Postmaster‐
General for the receipt of postal matter, or any card or notice relating to the postal or telegraph service
set up by authority of the Postmaster‐General, or obliterates any letter or figure on any such thing, is
guilty of a simple offence and is liable to a fine of one hundred naira.
[1966 No. 84.]

Section 179 of the Nigerian Criminal Code Act

Placing injurious substances in or against letter box

Any person who places in or against any receptacle provided by authority of the Postmaster‐General 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, is guilty of a simple offence and is liable to a fine of forty
naira.
[1966 No. 84.]

Section 180 of the Nigerian Criminal Code Act

Defacing post office or letter box

Any person who without the licence of the Postmaster‐General affixes, or attempts to affix, any placard,
advertisement, notice, list, document, board, or paint, tar, or other thing to any post office or telegraph
office, is guilty of a simple offence and is liable to a fine of ten naira.
[1966 No. 84.]

Section 181 of the Nigerian Criminal Code Act

Obstructing post and telegraph offices

Any person who, by stopping or loitering opposite to or on the premises of a post office or telegraph
office, obstructs the business of the office or any other person lawfully going to the office, is guilty of a
simple offence and is liable to a fine of ten naira.

Section 182 of the Nigerian Criminal Code Act

Obstructing post and telegraph officers in the execution of duty

Any person who‐
[1966 No. 84.]
(1) wilfully obstructs a person employed by or under the Nigerian Postal Service or any telegraph
official in the execution of the duties of his employment; or
(2) being in a post office or telegraph office, or within any premises appertaining to a post office
or telegraph office, or used therewith, wilfully obstructs the business of the office; or
(3) without the permission of a competent authority enters any part of a telegraph office to
which the public are not admitted,
is guilty of a simple offence and is liable to a fine of four naira.
Any person employed by or under the Nigerian Postal Service or any telegraph official may require any
person committing any of the offences defined in this section of this Code to leave the post office, or
telegraph office, or premises.
Any person who refuses or fails to comply with such request is guilty of a simple offence and is liable to
a further fine of ten naira, and may be removed by any person authorised to make the request; and all
members of the police force are required, on demand, to remove or assist in removing such person.

Section 183 of the Nigerian Criminal Code Act

Any person who‐
(a) not being authorised by or under any Act so to do, establishes or maintains any
telegraph; or
(b) knowing or having reason to believe that a telegraph has been established or is
maintained without such authority as aforesaid, transmits or receives any message by
such telegraph or performs any service incidental thereto, or delivery of any message
for transmission by such telegraph or accepts delivery of any message sent thereby,
is guilty of a simple offence and is liable on a first conviction to a fine of twenty naira, and on every
subsequent conviction to a fine of one hundred naira.

Section 184-185 of the Nigerian Criminal Code Act

Section 184-185 has been Deleted by 1975 No. 30

Section 186 of the Nigerian Criminal Code Act

Negligently injuring telegraphs

Any person who negligently destroys or damages any telegraph works, is guilty of a simple offence and
is liable to a fine of four naira.

Section 187 of the Nigerian Criminal Code Act

Violation of secrecy

Any telegraph official who, contrary to his duty, publishes or communicates the contents or substance of
a telegram, or any information relating to the despatch or receipt of any telegram, except to some
person to whom he is authorised to deliver the telegram, is guilty of a felony and is liable to
imprisonment for three years.

Section 188 of the Nigerian Criminal Code Act

Resisting officers

Any person who resists a person employed by or under the Nigerian Postal Service while engaged in the
execution of his duty under the laws relating to posts and telegraphs, is guilty of a simple offence and is
liable to imprisonment for three months, or to a fine of forty naira.
[1966 No. 84.]

Section 189 of the Nigerian Criminal Code Act

Laying property in postal matter and telegraph works

(1) In case of any offence under this Code in respect of any postal matter bag or postal matter,
or of any chattel, money, or valuable security sent by post, it shall be sufficient in any proceedings to lay
the ownership in the Postmaster‐General.
[1966 No. 84.]
(2) In case of any offence under this Code in respect of any telegram, telegraph line or telegraph
works, established under the provisions of the Wireless Telegraphs Act, or the Telegraphs Proclamation,
or in respect of any form, paper, book, or other thing used for the purpose of carrying out the provisions
of such Act or proclamation, it shall be sufficient in any proceedings to lay the ownership in the
Postmaster‐General.
[Cap. W5.]
(3) In any such proceedings as aforesaid, it shall not be necessary to prove ownership, or to
allege or prove any value.

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