vol_4_4_chapter_4_part_III

CILS HARMONISED SHARIA PENAL CODE ANNOTATED
term of imprisonment which shall not be less than one year and shall also be liable to caning
which shall extend to fifty lashes. 412
305. Whoever, being a public servant and being legally bound as such public servant not to
purchase or bid for certain property, purchases or bids for that property in his own name or
in the name of another jointly or in shares with others, shall be punished: 413
(a) with imprisonment for a term which may extend to two years; 414 and
(b) with caning which may extend to forty lashes; 415 and
(c) with forfeiture of all property unlawfully purchased or bade.
306. Whoever pretends to hold any particular office as a public servant knowing that he
does not hold such office, or falsely personates any other person holding such office, or
wears any dress or carries any token resembling any dress or token used by that class of
public servant with the intention that it may be believed that he belongs to that class of
public servant, shall be punished with imprisonment for a term which may extend to three
years and shall also be liable to caning which may extend to thirty lashes. 416
Contempts of the Lawful Authority of Public Servants
** [Absconding to avoid service of summons, notice or order.] 417
307. Whoever in any manner:
(a) absconds from, or intentionally, prevents the serving on himself or on any other
person of any summons, notice or order proceeding from any public servant legally
competent as such public servant to issue such summons, notice or order or other
legal process; 418 or
(b) intentionally prevents the lawful affixing to any place of any such summons,
notice or order; or
412 Bauchi, probably in error, puts this section as a subsection of what is here §302. As to punishment:
PC: up to 2 years or fine or both. Bauchi: not less than 5 years and exactly 40 lashes. Gombe: up to 1
year and up to 50 lashes. Jigawa: up to 3 years and exactly 50 lashes. Kano, Katsina: not less than 1 year
and up to 50 lashes. Kebbi: not less than 1 year or fine or both and exactly 50 lashes. Kaduna: ta’azir.
413 PC and Kaduna do not split the punishments into subsections. PC: 2 years or fine or both. Kaduna:
ta’azir.
414 Sokoto: 1 year.
415 Sokoto omits this subsection.
416 PC splits this section into two: personating a public servant “and in such assumed character does or
attempts to do any act under colour of such office”, punished with up to 3 years or fine or both; and
wearing dress or carrying token used by public servant with intent as here, punished with up to 6
months or up to £20 fine or both. All SPCs join the two offences in one as here. Punishments: Bauchi:
3 years/40 lashes. Kebbi: 3 years or fine or both and up to 30 lashes. Kaduna: ta’azir.
417 PC, Gombe and Sokoto have here the following section: “Whoever absconds in order to avoid
being served with a summons, notice or order proceeding from any public servant legally competent
as such public servant to issue such summons, notice or order, shall be punished – (a) with
imprisonment for a term which may extend to one month or with fine which may extend to ten
pounds or both [Gombe, Sokoto: up to 1 month and up to 20 lashes]; or (b) if the summons or notice
or order is to attend in person or by agent or to produce a document in a court of justice, with
imprisonment for a term which may extend to six months or with fine which may extend to twenty
pounds or both [Gombe, Sokoto: up to 6 months and up to 40 lashes].”
418 Only Kano and Katsina include the last phrase, “or other legal process”.
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