vol_4_4_chapter_4_part_III

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CHAPTER 4: THE SHARIA PENAL CODES (2) If the abettor is a public servant whose duty it is to prevent the commission of such offence, he shall be liable to imprisonment for a term which may extend to three years and shall also be liable to caning which may extend to fifty lashes. 151 118. Whoever abets the commission of an offence by the public generally or by any member thereof or class of persons exceeding ten, shall be punished with imprisonment for a term which may extend to one year or with fine or with both. 152 119. Whoever administers, or takes, or is present at and consents to the administering of, any oath or engagement in the nature of an oath, purporting to bind the person who takes it to commit any offence shall be punished: (a) with imprisonment for a term which may extend to two years or with fine or with both; 153 and (b) if the offence is an offence punishable with death, with imprisonment for a term which may extend to five years, or with fine and shall in addition be liable to caning of forty-five lashes. 154 CHAPTER VI – ATTEMPTS TO COMMIT OFFENCES 120. Whoever attempts to commit an offence punishable with imprisonment or to cause such an offence to be committed and in such attempt does any act towards the commission of the offence shall, where no express provision is made by this law or by any other Act or Law for the time being in force for the punishment of such attempt, be punished with imprisonment for a term which may extend to one half of the longest term provided for that offence or with such fine as is provided for the offence or with both. 155 CHAPTER VII – CRIMINAL CONSPIRACY 121. (1) When two or more persons agree to do or cause to be done: (a) an illegal act; or (b) an act which is not illegal by illegal means, such an agreement is called a criminal conspiracy. 151 PC includes an illustration not included in any SPC or here. PC punishes with imprisonment for up to “one half of the longest term provided for that offence or with such fine as is provided for the offence or with both.” Gombe, Jigawa, Kano, Katsina, Yobe and Zamfara are identical to the provision here. Bauchi: 1 year/40 lashes. Sokoto: 1 year/50 lashes. Kebbi again allows fine in the alternative to imprisonment for up to 3 years, plus 15 lashes. 152 Bauchi: up to 2 years or fine or both. Kano and Katsina add to the punishment provisions here, in the alternative, five to forty lashes, “or all”. Kaduna’s provision is different: “Whoever abets the commission of an offence by more than one person shall be subject to ta’azir punishment.” 153 Bauchi raises the maximum term of imprisonment to 7 years. Kano and Katsina specify the amount of the fine: N50,000. Kaduna omits this subsection and the next entirely. 154 PC: up to life or fine or both. Bauchi: up to life. Gombe, Jigawa, Kebbi, Yobe and Zamfara: up to 5 years or fine or both. Sokoto is like these last except imprisonment may only be for up to 2 years. Katsina is as here, except the amount of the fine is put at N50,000. Kano is like Katsina except that the 45 lashes are in the alternative instead of in addition. 155 PC gives two illustrations following this section, omitted in all SPCs and here. Kaduna eliminates the requirement that the offence attempted be punishable with imprisonment, and makes the punishment “ta’azir punishment.” 66
CILS HARMONISED SHARIA PENAL CODE ANNOTATED (2) Notwithstanding the provisions of subsection (1), no agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by one or more parties to such agreement in pursuance thereof. Explanation 1: It is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object. Explanation 2: This section shall not apply to an agreement of two or more persons to do or cause to be done any act in contemplation or furtherance of a trade dispute if such act committed by one person would not be punishable as an offence. 156 122. (1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death or with imprisonment shall where no express provision is made in this law for the punishment of such a conspiracy be punished in the same manner as if he had abetted such offence. (2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence punishable as aforesaid shall be punished with imprisonment for a term not exceeding six months or with fine or with both. 157 123. Any society which by its composition, nature, or conduct is anti-social, counter productive or opposed to the general belief and culture of the people of the State, or is dangerous and obstructive to the good governance of the State or any part thereof, is said to be an unlawful society. 158 124. Whoever manages or is a member of an unlawful society shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to caning which may extend to sixty lashes. 159 156 PC contains a third explanation omitted in all SPCs and here. Gombe omits all explanations. 157 Kaduna collapses the two subsections of this section into: “Whoever is a party to a criminal conspiracy to commit an offence shall be punished in the same manner as if he had abetted such offence.” 158 Sokoto: “opposed to the general belief in worship and culture”. PC has an entirely different wording: “A society is an unlawful society if declared by an order of the Governor in Council to be a society dangerous to the good government of the State or any part thereof.” 159 PC: up to 7 years or fine or both. Gombe, Jigawa, Kano, Katsina, Yobe and Zamfara as here except that Kano and Katsina add “or with both”. Bauchi: 7 years/40 lashes. Sokoto: 2 years/60 lashes. Kebbi: 7 years or fine, and up to 15 lashes. Kaduna: ta’azir. 67
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