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vol_4_4_chapter_4_part_III

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CILS HARMONISED SHARIA PENAL CODE ANNOTATED<br />

a term which may extend to one year and may also be liable to caning which may extend to<br />

thirty lashes. 382<br />

279. Whenever force or violence is used by an unlawful assembly or by any member<br />

thereof in prosecution of the common object of such assembly, every member of such<br />

assembly is guilty of the offence of rioting.<br />

280. Whoever is guilty of rioting shall be punished with imprisonment for a term which<br />

may extend to two years and shall also be liable to caning which may extend to fifty<br />

lashes. 383<br />

281. Whoever is guilty of rioting being armed with a deadly weapon or with anything which<br />

used as a weapon of offence is likely to cause death, shall be punished with imprisonment for<br />

a term which may extend to three years and shall also be liable to caning which may extend<br />

to sixty lashes. 384<br />

282 If an offence is committed by any member of an unlawful assembly in prosecution of<br />

the common object of that assembly, every person, who at the time of the committing of<br />

that offence is a member of the assembly, is guilty of that offence.<br />

283. Whoever promotes or does any act with intent to assist the promotion of an unlawful<br />

assembly, shall be punishable as a member of such unlawful assembly and for any offence<br />

which may be committed by any member thereof in the same manner as if he had himself<br />

been a member of such unlawful assembly.<br />

284. Whoever joins or continues in any assembly of five or more persons 385 likely to cause<br />

disturbance of the public peace knowing that such assembly has been lawfully commanded<br />

to disperse, shall be punished with imprisonment for a term which may extend to one year<br />

and may also be liable to caning which may extend to thirty lashes. 386<br />

285. Whoever wears, carries or displays in public any emblem, flag, article of clothing or<br />

other token or device in such manner or on such occasion or in such circumstances as:<br />

(a) to constitute an offence under any other section of this law, or of any other<br />

subsisting Act or Law; or<br />

(b) to cause or be likely to cause annoyance to the public or any section thereof, or a<br />

breach of the peace, or disturbance of the public peace, or the commission of an<br />

offence,<br />

382 PC: 5 years or fine or both. Bauchi: 2 years or fine or both. Gombe, Jigawa, Kebbi, Sokoto, Yobe,<br />

Zamfara: 1 year or fine or both. Kano, Katsina: 2 years or N20,000 or both. Kaduna: ta’azir.<br />

383 PC, Gombe, Jigawa, Sokoto, Yobe, Zamfara: 3 years or fine or both. Bauchi: 3 years/40 lashes or<br />

fine or both. Kano, Katsina: 3 years or N30,000 or both. Kaduna: ta’azir. Kebbi: omits this section<br />

entirely, attaching the title of this section to the next on rioting armed with deadly weapon, which is<br />

repeated twice.<br />

384 PC: 5 years or fine or both. Bauchi: 5 years/40 lashes. Gombe, Jigawa, Kebbi, Sokoto, Yobe,<br />

Zamfara: 5 years/60 lashes. Kano, Katsina: 7 years/60 lashes. Kaduna: ta’azir.<br />

385 Gombe: 3 or more persons.<br />

386 PC, Gombe: 1 year or fine or both. Bauchi: 2 years or 20 lashes or both. Jigawa, Kebbi, Sokoto,<br />

Yobe, Zamfara: 2 years or fine or both. Katsina, Kano: 1 year or N10,000 or both. Kaduna: ta’azir. PC<br />

adds an explanation omitted in all SPCs.<br />

101

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