vol_4_4_chapter_4_part_III

CILS HARMONISED SHARIA PENAL CODE ANNOTATED
** [Fractions of term of punishment] 124
95. (1) When an accused person who has completed his seventh but not completed his
eighteenth year of age 125 is convicted by a court of any offence, the court may instead of
passing the sentence prescribed under this law, subject the accused to:
(a)
confinement in a reformatory home for a period not exceeding one year; or
(b) caning which may extend to twenty lashes, or with fine or with both. 126
(2) Where it is proved that the offence committed by the accused person is by
negligence of the parent or guardian the court may impose a fine not exceeding five
thousand naira. 127
96. (1) Where no sum is expressed to which a fine may extend, the amount of fine to which
the offender is liable is unlimited but shall not exceed the jurisdiction of the court
imposing it and shall not be excessive.
(2) The court shall assess fine with reference to the nature of the offence committed,
the amount of wrongful gain obtained thereby, the degree of the offender's participation
and his financial status. 128
97. Whenever an offender is sentenced to a fine whether with or without imprisonment
under this law the court which sentences the offender may direct by the sentence that, in
default of payment of the fine, the offender shall be committed to prison for a certain term
which term shall be in excess of any other term of imprisonment to which he may have been
sentenced or to which he may be liable under a commutation of a sentence. 129
98. (1) If an offence is punishable with fine or with imprisonment and fine the court may
direct that in default of payment the offender shall be imprisoned for any term not
exceeding the maximum fixed in the following scale, or the offender may be caned with
a number of lashes not exceeding the maximum fixed in the same scale: 130
Where the fine:
The period of
imprisonment shall
not exceed:
seven days;
Number of
lashes shall not
exceed:
five lashes;
(a) does not exceed two hundred
naira;
(b) exceeds two hundred naira and fourteen days; ten lashes;
124 PC has a section in this place that states: “In calculating fractions of terms of punishment,
imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years.” No SPC has
this.
125 Bauchi: “accused person who has attained his penultimate year before maturity but has not
completed the age of maturity.”
126 PC: “deal with the accused in accordance with the provisions of the Children and Young Persons
Law.” Kano and Katsina omit “or fine or both”. Kaduna omits both subsections (a) and (b), saying:
“subject the convict to ta’azir punishment.”
127 Only Kano and Katsina have subsection (2).
128 Subsection (2) not in PC.
129 Kaduna: “may direct that his movable or immovable property shall be auctioned or he shall be
given fine to pay instalmentally.”
130 Not in Kaduna. PC and all SPCs omit the possibility of lashes in case of default. The ranges of
fines and the periods of imprisonment for default vary among the codes, the highest period of
imprisonment being five years in Kebbi State if the fine exceeds N20,000.
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