vol_4_4_chapter_4_part_III

CHAPTER 4: THE SHARIA PENAL CODES
339. Whoever accepts or attempts to obtain or agrees to accept any gratification for himself
or any other person or any restitution of property to himself or any other person, in
consideration of his concealing an offence or of his screening any person from legal
punishment for any offence or of his not proceeding against any person for the purpose of
bringing him to legal punishment, shall be punished with imprisonment for a term which
may extend to five years and shall also be liable to caning which may extend to fifty lashes. 472
340. Whoever gives or causes or offers or agrees to give or cause any gratification to any
other person or to restore or cause the restoration of any property to any other person, in
consideration of that other person's concealing an offence or of his screening any person
from legal punishment for any offence or of his not proceeding against any person for the
purpose of bringing him to legal punishment, shall be punished with imprisonment for a
term which may extend to five years and shall also be liable to caning which may extend to
fifty lashes. 473
Explanation:
In sections 338 to 340 the word "offence" includes any act done outside the State which if done in the
State would be an offence and the punishment for the offence shall be deemed to be the same as the
punishment would be if the act were done in the State. 474
** [Punishment for intermediary on gratification] 475
341. Whoever, knowing or having reason to believe that any person or persons are about to
commit or have recently committed the offence of hirabah, 476 harbours them or any of them
with the intention of facilitating the commission of such offence of hirabah or of screening
them or any of them from punishment, shall be punished with the punishment provided for
the offence of hirabah. 477
471 PC and Kaduna both omit this second subsection. Bauchi increases the punishment to 3 years. PC
and all SPCs add the following explanation: “In this section the word ‘offence’ includes any act done
outside [the state] which if done in [the state] would be an offence and the punishment for the offence
shall be deemed to be the same as the punishment would be if the act were done in [the state].” PC
and Sokoto also add the following illustration: “A, knowing that B has murdered [Sokoto: killed] Z,
assists B to hide the body with the intention of screening B from punishment. A is liable to
imprisonment for five years and also to fine [Sokoto: caning].”
472 PC: 5 years/fine. Bauchi: 5 years/40 lashes. Jigawa, Kano: 3 years/30 lashes. Gombe, Katsina,
Yobe, Zamfara: 7 years/50 lashes. Kebbi: up to 7 years or fine or both and up to 50 lashes. Kaduna:
ta’azir. PC adds a subsection (2): “ This section shall not extend to any case in which the offence may
be lawfully compounded”. PC and all SPCs also add the same explanation as the one to §338(b) above.
473 PC: 7 years/fine. Bauchi: 5 years/40 lashes. Gombe, Jigawa, Katsina, Yobe, Zamfara: 7 years/50
lashes. Kano: 7 years/20 lashes. Kebbi: up to 7 years or fine or both and up to 50 lashes. Kaduna:
ta’azir. PC adds a subsection (2): “ This section shall not extend to any case in which the offence may
be lawfully compounded”.
474 As noted, this explanation is distributed to the various individual sections in PC and all SPCs.
475 Kano and Katsina add a section here as follows: “The agent who facilitates offering gratification
between the receiver and the giver shall be imprisoned for [Kano: 2 years; Katsina: 7 years] and shall
also be liable to caning which shall extend to fifty lashes.”
476 PC has “robbery or brigandage” in place of “the offence of hirabah” in this section.
477 PC: up to 7 years and fine. Bauchi: up to 7 years and up to 40 lashes. Gombe, Jigawa, Kebbi,
Sokoto, Yobe, Zamfara: up to 7 years and up to 50 lashes. Kano, Katsina: up to 15 years and up to 70
lashes. Kaduna: as here, except refers to section on punishment for hirabah.
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