Section 37- 49D of the Nigerian Code Act
Section 37 to 49D of the Nigerian Code Act is under Part 2 (Offences against public order) and Chapter 6 to Chapter 6A of the Act.
Section 37 of the Nigerian Code Act
Treason
(1) Any person who levies war against the State, in order to intimidate or overawe the President
or the Governor of a State, is guilty of treason, and is liable to the punishment of death.
[L.N. 112 of 1964. 1967 No. 27.]
(2) Any person conspiring with any person, either within or without Nigeria, to levy war against
the State with intent to cause such levying of war as would be treason if committed by a citizen of
Nigeria, is guilty of treason and is liable to the punishment of death:
Provided that nothing in this section shall prevent any act from being treason which is so by the laws of
England as in force in Nigeria.
(3) (Inserted by L.N. 112 of 1964 and deleted by L.N. 139 of 1965).
Section 38 of the Nigerian Code Act
Instigating invasion of Nigeria
Any person who instigates any foreigner to invade Nigeria with an armed force is guilty of treason, and is
liable to the punishment of death.
Section 39 of the Nigerian Code Act
Provision as to juvenile offenders and pregnant women
(1) Where an offender who, in the opinion of the court, had not attained the age of seventeen
years at the time the offence was committed, has been found guilty of an offence against either section
37 or 38 of this Code, such offender shall not be sentenced to death but shall be ordered to be detained
during the pleasure of the President and upon such an order being made the provisions of Part 44 of the
Criminal Procedure Act shall apply.
[1066 No. 84. L.N. 112 of 1964. 1967 No. 27. Cap. C41.]
(2) Where a woman who has been convicted of an offence against either section 37 or 38 of this Code
alleges she is pregnant, or where the judge before whom she is convicted considers it advisable to have
inquiries made as to whether or not she be pregnant, the procedure laid down in section 376 of the
Criminal Procedure Act shall first be complied with.
Section 40 of the Nigerian Code Act
Concealment of treason
Any person who‐
[1967 No. 27.]
(a) becomes an accessory after the fact to treason; or
(b) knowing that any person intends to commit treason, does not give information thereof
with all reasonable despatch to the President or the Governor of the State or a peace officer, or use
other reasonable endeavours to prevent the commission of the offence, is guilty of a felony and is liable
to imprisonment for life.
Section 41 of the Nigerian Code Act
Treasonable felonies
Any person who forms an intention to effect any of the following purposes, that is to say‐
[L.N. 112 of 1964. 1967 No. 27.]
(a) to remove during his term of office otherwise than by constitutional means the
President as Head of State of the Federation and Commander‐in‐Chief of the Armed
Forces thereof; or
(b) to likewise remove during his term of office the Governor of a State; or
(c) to levy war against Nigeria in order by force or constraint to compel the President to
change his measures or counsels, or in order to put any force or constraint upon, or in
order to intimidate or overawe any House of the National Assembly or any other
legislature or legislative authority; or
(d) to instigate any foreigner to make any armed invasion of Nigeria or any of the
territories thereof, and manifests such intention by an overt act, is guilty of a felony and
is liable to imprisonment for life.
A person charged with any of the felonies defined in this section is not entitled to be acquitted on the
ground that any act proved to have been committed by him constitutes the offence of treason; but a
person who has been tried, and convicted or acquitted, on a charge of any such offence, cannot be
afterwards prosecuted for treason in respect of the same facts.
Section 42 of the Nigerian Code Act
Promoting inter‐communal war
Any person who, without lawful authority, carries on, or makes preparation for carrying on, or aids in or
advises the carrying on of, or preparation for, any war or warlike undertaking with, for, by, or against,
any traditional chief, or with, for, by, or against any band of citizens, is guilty of a felony and is liable to
imprisonment for life.
Section 43 of the Nigerian Code Act
Time for proceeding in cases of treason, concealment of treason or promoting inter‐communal
war
A person cannot be tried for treason, or for any of the felonies defined in the three last preceding
sections, unless the prosecution is commenced within two years after the offence is committed.
Section 44 of the Nigerian Code Act
Inciting to mutiny
Any person who advisedly attempts to effect any of the following purposes, that is to say‐
[L.N. 112 or 1964.]
(a) to seduce any person serving in any of the Armed Forces of Nigeria or any member of
the Police Force from his duty and allegiance; or
(b) to incite any such persons to commit an act of mutiny or any traitorous or mutinous
act; or
(c) to incite any such persons to make or endeavour to make a mutinous assembly, is guilty
of a felony, and is liable to imprisonment for life.
Section 45 of the Nigerian Code Act
Aiding and inciting to mutinous acts or disobedience of members of armed forces or policemen
Any person who‐
[L.N. 112 of 1964.]
(a) aids, abets, or is accessory to, any act of mutiny by; or
(b) incites to sedition or to disobedience to any lawful order given by a superior officer,
any warrant or other officer below commissioned rank and others inferior in rank to them and by
whatever name described in any of the Armed Forces of Nigeria or any Police Officer, is guilty of a
misdemeanour and is liable to imprisonment for two years and to a fine of four hundred naira.
Section 46 of the Nigerian Code Act
Inducing such persons to desert
Any person who, by any means whatever, directly or indirectly‐
[L.N. 112 of 1964. L.N. 139 of 1963.]
(a) procures or persuades or attempts to procure or persuade to desert; or
(b) aids, abets, or is accessory to the desertion of; or
(c) having reason to believe he is a deserter, habours or aids in concealing,
any warrant or other officer below commissioned rank and others inferior in rank to
them and by whatever name described in any of the said armed forces or any police
officer, is guilty of a misdemeanour and is liable to imprisonment for six months and to a
fine of one hundred naira.
Section 46A of the Nigerian Code Act
Causing disaffection among members of armed forces, police or prison officers
(1) Any person who, by any means whatever, causes or attempts to cause, or does any act
calculated to cause disaffection amongst persons serving as‐
[L.N. 112 of 1964.]
(a) members of the Armed Forces of Nigeria;
(b) Police Officers; or
(c) Prison Officers,
or does any act calculated to induce any person serving as aforesaid to withhold his services or to
commit breaches of discipline, is guilty of an offence and liable on conviction to imprisonment for a term
not exceeding three years or to a fine not exceeding six hundred naira or to both such imprisonment
and fine and, if a police officer or prison officer, shall forfeit all pension rights and be disqualified for
being a police officer or prison officer, as the case may be.
(2) In this section, the expression “prison officer” has the same meaning as in subsection (1) of
section 10 of the Prisons Act.
Section 47 of the Nigerian Code Act
Effect of proceeding under sections 44 and 45
A person who has been tried, and convicted or acquitted, on a charge of any of the offences defined in
sections 44 and 45 of this Code, cannot be afterwards prosecuted for any other offence defined in this
Chapter in respect of the same facts.
Section 48 of the Nigerian Code Act
Assisting or allowing escape of prisoners of war
Any person who‐
[L.N. 112 of 1964.]
(a) knowingly and advisedly aids an alien enemy of Nigeria, being a prisoner of war in
Nigeria, whether such prisoner is confined in a prison or elsewhere, or is suffered to be
at large on his parole, to escape from his prison or place of confinement, or, if he is at
large on his parole, to escape from Nigeria, is guilty of a felony and is liable to
imprisonment for life;
(b) negligently and unlawfully permits the escape of any such person as is mentioned in
subsection (1) of this section is guilty of a misdemeanour and is liable to imprisonment
for two years.
Section 49 of the Nigerian Code Act
Overt act
In the case of any of the offences defined in this Chapter, when the manifestation by an overt act of an
intention to effect any purpose is an element of the offence, every act of conspiring with any person to
effect that purpose, and every act done in furtherance of the purpose by any of the persons conspiring,
is deemed to be an overt act manifesting the intention.
Section 49A of the Nigerian Code Act
Death penalty for treachery
(1) If, with intent to help the enemy in any war in which Nigeria may be engaged, any person
does, or attempts to do, any act which is designed or likely to give assistance to the naval, military or air
operations of the enemy, to impede such operations of the armed forces of Nigeria, or to endanger life,
he is guilty of felony and liable on conviction to suffer death.
[L.N. 112 of 1964.]
(2) No prosecution in respect of any offence against this section shall be instituted except by, or
with the consent of, the Attorney‐General or Solicitor‐General of the Federation:
Provided that this subsection shall not prevent the arrest, or the issue or the execution of a warrant for
the arrest, of any person in respect of any offence, or the remanding, in custody or on bail, of any
person charged with such an offence, notwithstanding that the consent of the Attorney‐General or
Solicitor‐General of the Federation to the institution of a prosecution for the offence has not been
obtained.
Section 49B of the Nigerian Code Act
Joinder of charges and place of trial of offences
(1) Notwithstanding any rule of law or practice, charges for any offences, except treason, may
be joined with a charge for any offence against the preceding section in the same charge or information,
if those charges are founded on the same facts, or form, or are a part of, a series of offences of the same
or a similar character.
[L.N. 112 of 1964.]
(2) A person charged with an offence against this Chapter who is in Nigeria may, whether or not
the offence was committed in Nigeria or in any Nigerian ship or aircraft, be taken in custody to any place
in Nigeria, and may be proceeded against, charged, tried and punished in any place in Nigeria, as if the
offence had been committed in that part of Nigeria, and for all purposes incidental to or consequential
on the trial or punishment of the offence it shall be deemed to have been committed in that part of
Nigeria.
Section 49C of the Nigerian Code Act
Extent of Chapter
The provisions of this Chapter shall apply to anything done by any person in Nigeria.
[L.N. 112 of 1964.]
Section 49D of the Nigerian Code Act
(Deleted by L.N. 121 of 1964).
