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vol_4_4_chapter_4_part_III

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CHAPTER 4: THE SHARIA PENAL CODES<br />

(a) gives or sells or offers for sale or delivers any lottery ticket or pays or receives<br />

directly or indirectly any money or money's worth for or in respect of any chance in or<br />

event or contingency connected with a lottery 615 ; or<br />

(b) draws, throws, declares or exhibits expressly or otherwise the winner or winning<br />

number, ticket, lot, figure, design, symbol or other result of any lottery 616 ; or<br />

(c) writes, prints, publishes or causes to be written, printed or published any lottery<br />

ticket or any announcement relating to a lottery 617 ; or<br />

(d) advances, furnishes or receives money for the purpose of a lottery 618 ,<br />

shall be punished with imprisonment for a term which may extend to six months or with<br />

caning of fifteen lashes or with fine or with any two of the above. 619<br />

** [exceptions] 620<br />

398. On conviction of an offence under section 396 or section 397 the court may in<br />

addition to any other penalty, make an order for the forfeiture of all equipment, instruments,<br />

money or money's worth and proceeds obtained and used in furtherance of the offences<br />

mentioned in sections 395 to 397 of this law. 621<br />

Cruelty to Animals<br />

399. Whoever cruelly beats, tortures or otherwise wilfully ill-treats any tame or domestic<br />

animal or any wild animal which has previously been deprived of its liberty or arranges,<br />

promotes or organises fights between cocks, birds, rams, or other domestic animals shall be<br />

punished with imprisonment for a term which may extend to three months or with fine or<br />

with both. 622<br />

400. Whoever wantonly overrides, overdrives or overloads any animal or wantonly employs<br />

any animal which by reason of age, sickness, wounds or infirmity is not in a condition to do<br />

615 PC: “public lottery”.<br />

616 PC: “public lottery”.<br />

617 PC: “public lottery”.<br />

618 PC: “public lottery”.<br />

619 PC: 6 months/fine/both. Bauchi: 1 year/exactly 40 lashes/fine/any two. Kano: 5 years/exactly 40<br />

lashes/N50,000 fine. Katsina: 5 years/exactly 15 lashes/N50,000 fine. Kebbi: as here, but leaving off<br />

“or with any two of the above”. Sokoto: 6 months or exactly 15 lashes and fine. Kaduna: ta’azir.<br />

620 PC adds a subsection (2): “Nothing in this subsection shall apply: (a) to the sale by raffle or lottery<br />

of articles exposed for sale at any gathering held for the purpose of raising funds in aid of any<br />

institution of a public character where permission for such sale shall have been given in writing by the<br />

Governor; (b) to any lottery or sweepstake organised or controlled at or in connection with any race<br />

meeting held under the auspices of any race club or association in Northern Nigeria which has been<br />

exempted from the provisions of this section by the Governor by notice in the Northern Nigeria<br />

Gazette; (c) to any club to which the Governor has granted a licence authorising a lottery to be<br />

promoted as an incident of entertainment by members of the club on the premises of the club and<br />

subject to any conditions contained in the licence; (d) to any lottery or sweepstake organised and<br />

controlled by any race club in Northern Nigeria to which the Governor may by notice in the Northern<br />

Nigeria Gazette extend the provisions of this section, or in any connection with any race meeting held<br />

under the auspices of any such club or association.”<br />

621 PC omits this section.<br />

622 PC: 1 year/£50 fine/both. Gombe, Jigawa, Sokoto, Yobe, Zamfara: 3 months/N1,000 fine/both.<br />

Kano, Katsina: 6 months/N5,000 fine/both. Kaduna: ta’azir.<br />

132

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