vol_4_4_chapter_4_part_III

CHAPTER 4: THE SHARIA PENAL CODES
(a) if the communication is made or attempted to be made to the agent of a foreign
government, be punished with imprisonment for a term which may extend to three
years and shall also be liable to caning which may extend to fifty lashes; 375 or
(b) in any other case shall be punished with imprisonment for a term which may
extend to two years and shall also be liable to caning which may extend to thirty
lashes. 376
Offences against the Public Peace
274. An assembly of two or more persons 377 is designated an unlawful assembly if the
common object of the persons composing that assembly is:
(a) to overawe by criminal force or show of criminal force the Government or the
Government of the Federation or any Government of Nigeria or any public servant in
the exercise of his lawful powers; or
(b) to resist the execution of any law or of any legal process; or
(c) to commit any mischief or criminal trespass or other offence of any kind
whatsoever; 378 or
(d) by means of criminal force or show of criminal force to enforce any right or
supposed right; or
(e) by means of criminal force or show of criminal force to compel any person to do
what he is not legally bound to do or to omit to do what he is legally entitled to do. 379
275. Whoever being aware of facts which render any assembly an unlawful assembly
intentionally joins that assembly or continues in it is said to be a member of an unlawful
assembly.
276. Whoever is a member of an unlawful assembly shall be punished with imprisonment
for a term which may extend to one year and shall also be liable to caning which may extend
to forty lashes. 380
277. Whoever being a member of an unlawful assembly is armed with any deadly weapon
or with anything which if used as a weapon of offence is likely to cause death, shall be
punished with imprisonment for a term which may extend to two years and shall also be
liable to caning which may extend to fifty lashes. 381
278. Whoever joins or continues in an unlawful assembly knowing that such unlawful
assembly has been lawfully commanded to disperse, shall be punished with imprisonment for
375 PC: 14 years/fine. Bauchi: 15 years/40 lashes. Gombe, Jigawa, Kebbi, Sokoto, Yobe, Zamfara: 14
years and fine or up to 50 lashes. Kano, Katsina: 13 years/50 lashes. Kaduna: ta’azir.
376 PC: 2 years or fine or both. Bauchi: 2 years/20 lashes. Kebbi: 2 years or fine or both and up to 30
lashes.
377 PC: 5 or more persons. Gombe: 3 or more.
378 PC omits “of any kind whatsoever”.
379 PC has an explanation following this section, omitted in all SPCs.
380 PC, Bauchi, Gombe, Jigawa, Kebbi, Sokoto, Yobe, Zamfara: 1 year or fine or both. Kano, Katsina:
1 year or N10,000 or both. Kaduna: ta’azir.
381 PC: 2 years or fine or both. Bauchi: 2 years/40 lashes. Jigawa, Sokoto, Yobe, Zamfara: 5 years/50
lashes. Kano, Katsina: 7 years/60 lashes. Kebbi: 5 years or fine or both and up to 50 lashes. Gombe
omits this section entirely.
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