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vol_4_4_chapter_4_part_III

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CHAPTER 4: THE SHARIA PENAL CODES<br />

293. Whoever being a public servant accepts or obtains or agrees to accept or attempts to<br />

obtain for himself or for any other person any valuable thing without consideration or for a<br />

consideration which he knows to be inadequate:<br />

(a) from any person whom he knows to have been or to be or to be likely to be<br />

concerned in any proceeding or business transacted or about to be transacted by such<br />

public servant or having any connection with the official functions of himself or of<br />

any public servant to whom he is subordinate; or<br />

(b) from any person whom he knows to be interested in or related to the person so<br />

concerned,<br />

shall be punished with imprisonment for a term which may extend to three years and shall<br />

also be liable to caning which may extend to thirty lashes. 398<br />

294. Whoever in any of the circumstances mentioned in section 293 offers or gives or<br />

agrees to give to any public servant or to any person, in whom a public servant is interested<br />

or to whom he is related, any valuable thing without consideration or for a consideration<br />

which he knows to be inadequate, shall be punished with imprisonment for a term which<br />

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

lashes. 399<br />

295. Whoever knowingly profits by any gratification or benefit obtained in any of the<br />

circumstances mentioned in sections 289, 290 or 293 but does not take any active <strong>part</strong> in<br />

obtaining such gratification or benefit, shall be punished with imprisonment for a term which<br />

may extend to one year and shall also be liable to caning which may extend to twenty<br />

lashes. 400<br />

296. Whoever being a public servant in his capacity as such dishonestly receives from any<br />

person any money or other property which he is not authorised to receive or which is in<br />

excess of the amount which he is authorised to receive shall be punished with imprisonment<br />

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

twenty lashes. 401<br />

297. Whoever being a public servant knowingly disobeys any direction of the law as to the<br />

way in which he is to conduct himself as such public servant intending thereby or knowing<br />

himself to be likely thereby:<br />

(a) to cause injury to any person or to the public; or<br />

(b) to save any person from legal punishment or to subject him to a less punishment<br />

than that to which he is liable or to delay the imposition on any person of any legal<br />

punishment; or<br />

398 PC: 5 years or fine or both. Bauchi: 5 years/30 lashes. Kano, Katsina: 3 year or 30 lashes or both.<br />

Kebbi: 3 years or fine or both and up to 30 lashes. Kaduna: ta’azir. Gombe: as here and adds “and shall<br />

be liable to disciplinary action as regards his conduct.”<br />

399 PC: 2 years or fine or both. Bauchi: 3 years/40 lashes. Kebbi: 3 years or fine or both and up to 30<br />

lashes. Kaduna: ta’azir. Gombe: as here and adds “and shall be liable to disciplinary action as regards<br />

his conduct.”<br />

400 PC: 1 year or fine or both. Bauchi: 6 months/20 lashes. Jigawa: 1 year/30 lashes. Kebbi: 1 year or<br />

fine or both and up to 20 lashes. Kaduna: ta’azir. Gombe: as here and adds “and shall be liable to<br />

disciplinary action as regards his conduct.”<br />

401 PC: 5 years of fine or both. Bauchi: 2 years/40 lashes. Kebbi: 2 years or fine or both and up to 20<br />

lashes. Kaduna: ta’azir. Gombe: as here and adds “and shall be liable to disciplinary action as regards<br />

his conduct.”<br />

104

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