vol_4_4_chapter_4_part_III

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CHAPTER 4: THE SHARIA PENAL CODES death and has not since been in the possession of any person legally entitled to such possession shall be punished: (a) with imprisonment for a term which may extend to three years and shall also be liable to caning which may extend to forty lashes; 218 or (b) if the offender at the time of such person's death was employed by him as a clerk or servant, with imprisonment for a term which may extend to five years and shall also be liable to caning which may extend to forty-five lashes. 219 Criminal Breach of Trust 163. Whoever, being in any manner entrusted with property or with any dominion over property, dishonestly misappropriates or converts to his own use that property or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged or of any legal contract express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits criminal breach of trust. 220 164. Whoever commits criminal breach of trust shall be punished with imprisonment for a term which may extend to seven years and with fine and shall also be liable to caning which may extend to fifty lashes. 221 165. Whoever, being entrusted with property as a carrier, wharfinger or warehouse keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment for a term which may extend to seven years and with fine and shall also be liable to caning which may extend to sixty lashes. 222 166. Whoever, being a clerk or servant or employed as a clerk or servant and being in any manner entrusted in such capacity with property or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for a term which may extend to seven years and with fine and shall also be liable to caning which may extend to sixty lashes. 223 218 PC: 3 years and fine. Kano, Katsina: as here. All other SPCs except Kaduna: 3 years/15 lashes. Kaduna: ta’azir. 219 PC: 7 years and fine. Kano, Katsina: as here. All other SPCs except Kaduna: 5 years/20 lashes. Kaduna: ta’azir. 220 PC has six illustrations, of which Sokoto includes two: “(a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will and appropriates them to his own use. A has committed criminal breach of trust. (b) A is a warehouse keeper. Z, going on a journey, entrusts his furniture to A under a contract that it shall be returned on payment of a stipulated sum for storage. A dishonestly sells the goods. A has committed criminal breach of trust.” 221 PC: 7 years or fine or both. Bauchi: 10 years or fine and 40 lashes. Gombe, Jigawa, Yobe, Zamfara: 10 years or fine or both. Kano, Katsina: 10 years or up to N100,000 fine or both. Kebbi, Sokoto: 5 years or fine or both. Kaduna: ta’azir. 222 PC: 10 years and fine. Bauchi: 14 years and fine and 20 lashes. Gombe, Kano, Katsina, Yobe, Zamfara: 14 years/fine. Jigawa: 7 years/fine. Kebbi, Sokoto: 5 years/fine. Kaduna: ta’azir. 223 PC: 10 years and fine. Bauchi: 1 year [sic: probably a typo] and fine and 20 lashes. Gombe, Yobe, Zamfara: 14 years/fine. Jigawa: 7 years/fine. Kano, Katsina: 14 years/fine up to N140,000. Kebbi, Sokoto: 5 years/fine, Sokoto adding: “Nothing shall preclude the court from imposing or making an order for the payment of restitution.” Kaduna: ta’azir. 78
CILS HARMONISED SHARIA PENAL CODE ANNOTATED 167. Whoever, being in any manner entrusted with property or with any dominion over property in his capacity as a public servant or in the way of his business as a banker, factor, broker, legal practitioner or agent, commits criminal breach of trust in respect of that property, shall be punished with imprisonment for a term which may extend to seven years and with fine and shall also be liable to caning which may extend to sixty lashes. 224 Receiving Stolen Property 168. Property, the possession whereof has been transferred by theft or by extortion or by hirabah, and property, which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is stolen property, whether the transfer has been made or the misappropriation or breach of trust has been committed within the State or elsewhere; but if such property subsequently comes into possession of a person legally entitled to the possession thereof, it then ceases to be stolen property. 225 169. Whoever dishonestly receives or retains any stolen property knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment for a term which may extend to seven years and shall also be liable to caning of fifty lashes. 226 170. Whoever <strong>vol</strong>untarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment for a term which may extend to five years and shall also be liable to caning of thirty lashes. 227 171. Whoever knowingly has in his possession or under his control anything which is reasonably suspected of having been stolen or unlawfully obtained and who does not give an account to the satisfaction of a court of justice as to how he came by the same, shall be punished with imprisonment for a term which may extend to two years or with fine or with both. 228 172. Whoever by deceiving any person: Cheating (a) fraudulently or dishonestly induces the person so deceived to deliver any property to any person or to consent that any person shall retain any property; or 224 Kano and Katsina omit this section entirely, but Kano includes a substitute among its provisions on theft, see note to §145 above. Punishments: PC: 14 years and fine. Bauchi, Gombe, Jigawa, Yobe, Zamfara: 15 years/fine. Kebbi: 5 years/fine. Sokoto: 7 years and fine, adding: “Nothing shall preclude the court from imposing or making an order for the payment of restitution.” Kaduna: ta’azir. 225 PC has “robbery” where hirabah is here and in all SPCs. Brigandage being included within hirabah, a separate section of PC prescribing punishment for receiving property stolen in the commission of brigandage is then omitted here and in all SPCs except Bauchi. As to Bauchi, see note to next section. 226 PC: 14 years or fine or both. Bauchi: 14 years and 40 lashes. Bauchi adds subsection (b) as follows: “Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission of brigandage, or dishonestly receives, from a person whom he knows or has reason to believe to belong or have belonged to a gang of brigands, property, which he knows or has reason to believe to have been stolen, shall be punished with imprisonment for life or any less term and shall also be liable to fine.” This subsection (b) corresponds to PC §318, omitted here and in all other SPCs. But Bauchi does not separately define “brigandage”, cf. note to §151 above. 227 PC: 5 years or fine or both. Gombe: 7 years/30 lashes. Jigawa: 5 years/50 lashes. Kaduna: ta’azir. 228 PC: 6 months or fine or both. Kaduna: ta’azir. 79
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