vol_4_4_chapter_4_part_III

CHAPTER 4: THE SHARIA PENAL CODES
restore, or to cause the restoration of any property or document of title, 353 shall be punished
with imprisonment for a term which may extend to two years and shall be liable to caning
which may extend to fifty lashes. 354
Forgery
251. A person is said to make a false document:
(a) who dishonestly or fraudulently makes, signs, seals or executes a document or
part of a document or makes any mark denoting the execution of a document with the
intention of causing it to be believed that such document or part of a document was
made, signed, sealed or executed [by or by the authority of a person by whom or by
whose authority he knows that it was not made, signed sealed or executed] 355 or at a
time at which he knows that it was not made, signed, sealed or executed; or
(b) who without lawful 356 authority dishonestly or fraudulently by cancellation or
otherwise alters a document in any material part thereof after it has been made or
executed either by himself or by any other person whether such person be living or
dead at the time of such alteration; or
(c) who dishonestly or fraudulently causes any person to sign, seal, execute or alter a
document knowing that such person by reason of unsoundness of mind or
intoxication cannot or that by reason of deception practised upon him he does not
know the contents of the document or the nature of the alteration.
252. Whoever makes any false document or part of a document, with intent to cause
damage or injury to the public or to any person or to support any claim or title or to cause
any person to part with property or to enter into any express or implied contract or with
intent to commit fraud or that fraud may be committed, commits forgery; and a false
document made wholly or in part by forgery is called a forged document. 357
253. Whoever commits forgery shall be punished with imprisonment for a term which may
extend to five years or with fine or with both. 358
254. Whoever forges:
(a) a thing which purports to be the public seal of Nigeria or of any State of Nigeria or
the great or privy seal of any country or the seal of the President or a Governor of a
State or a Chairman of a Local Government Council; 359 or
353 PC inserts here: “or to satisfy any claim or demand or to give information which may lead to the
restoration of any property or document of title”.
354 PC: 2 years/fine. Bauchi: 2 years/40 lashes. Kebbi: 2 years or fine or both and up to 20 lashes.
Kaduna: ta’azir.
355 Sokoto omits the bracketed language.
356 Katsina omits “lawful”.
357 PC adds here two explanations and sixteen illustrations.
358 PC: 14 years/fine/both. Kano, Katsina: 5 years/N50,000/both. Kaduna: ta’azir.
359 PC makes extensive reference here to seals of the UK. Gombe, Jigawa, Kebbi, Sokoto, Yobe: “privy
seal of any country of the Commonwealth”. Gombe, Jigawa, Kaduna, Kebbi, Sokoto, Yobe, Zamfara
omit “or a Chairman of a Local Government Council”. Yobe puts instead: “or any Government or
Organisation”.
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