vol_4_4_chapter_4_part_III

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CHAPTER 4: THE SHARIA PENAL CODES Whoever knowingly has in his possession any fetish 649 or charm which is pretended or reputed to possess power to protect a person 650 in the committing of any offence shall be punished with imprisonment for a term of six months and shall also be liable to caning which may extend to fifty lashes. 651 413. Whoever knowingly eats or consumes or receives for the purpose of eating or consumption 652 of any part of human flesh or blood 653 shall be punished with death. 654 414. Whoever receives or has in his possession 655 human blood or remains or any part thereof 656 with the intention that such human blood or remains or any part thereof shall be possessed by any person as a trophy, juju or charm 657 shall be punished with death. 658 causing a favour to a person shall be imprisoned for five years or sentenced to a fine of fifty thousand naira and shall also be liable to caning of sixty [Katsina: 50] lashes.” Kano and Katsina then have the section on criminal charms common to all codes, as subsection (2). 649 Kano, Katsina: “fetish object”. 650 Kano, Katsina: “to protect or give illegal benefit to any person”. 651 PC: 5 years/fine/both. Jigawa: 2 years/50 lashes/both. Kano, Katsina: exactly 6 months or N5,000 fine or both. Kebbi, Sokoto, Yobe, Zamfara: death. Bauchi and Kaduna omit this section entirely. 652 PC, Bauchi, Kano, Katsina, Kebbi, Sokoto, Yobe, Zamfara: “Whoever knowingly eats or receives for the purpose of eating”. 653 PC, Kano, Katsina, Kebbi, Sokoto, Yobe, Zamfara: “any part of [a] human corpse”. Bauchi: “any human part”. 654 PC: 2 years or fine or both. Kano, Katsina: exactly life and 70 lashes. 655 Bauchi: “Whoever receives, sells, or has in his possession”. 656 PC: “a human head or skull within six months of the same having been separated from the body or skeleton”. Bauchi: “human corpse or any human part”. Gombe, Jigawa, Kano, Katsina, Kebbi, Sokoto, Yobe, Zamfara: “human corpse or any part thereof”; and all codes reinsert the same language subsequently in this section. 657 Bauchi: “shall be possessed by any person as a trophy or as instrument of witchcraft or sorcery”. 658 PC: 5 years or fine or both. Jigawa: death or life imprisonment and 70 lashes. Kano, Katsina: exactly life and 70 lashes. Note: Kano and Katsina combine this section with the previous one on cannibalism, making cannibalism subsection (1) and this section subsection (2). Kaduna omits this section entirely. PC adds an explanation to the section, omitted here and in all SPCs. 136
CILS HARMONISED SHARIA PENAL CODE ANNOTATED SCHEDULE B 659 PART A: Cases that warrant the penalty of qisas. 660 1. The intentional causing of death. 661 2. The intentional severing or dismembering of joints or limbs such as: (a) the arm or any joint thereof even of the phalanges of fingers; (b) the leg from the pelvis even of the phalanges of the toes; (c) the eye that is possessed of the power of sight; (d) the part of the nose formed of cartilage; (e) the ear; (f) the lip; (g) the testicle; (h) the labia majora and minora of a female; (i) the tongue; 0) the tooth; (k) the breast of the male or female even if it be the nipple thereof; (1) the finger and toe nail if gouged out intentionally; (m) defective joints or members that are lame or infirm because of- (i) old age; or (ii) act of God; or (iii) previous injury before the case at hand; (n) the penis, be it the shaft or the glans; (o) the buttock of the female. ** [Kaduna has here a subsection (p), which repeats, obviously in error, what is here subsection (e) of §409 = Kaduna §401(f).] PART B: Cases that warrant the full amount of diyah. 1. Mistaken impairing of the functions of both members or limbs that are paired, such as both: (a) hands; (b) legs; (c) eyes, or the useful eye in the case of the one-eyed person; (d) lips; (e) ears; (f) breasts; (g) testicles. 2. Mistaken severing or dismembering of joints and limbs enumerated under Part A of this Schedule. 3. Where the right to exact qisas falls in the cases enumerated under Part A of this Schedule. 659 PC has no such schedule. 660 Only Kaduna uses ‘qisas’ here, all other SPCs use ‘retaliation’. 661 Only Kaduna divides Part A into two paragraphs and makes the first “the intentional causing of death” as here; all other SPCs begin with what is here 2. 137
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