vol_4_4_chapter_4_part_III

CHAPTER 4: THE SHARIA PENAL CODES
(d) from being available according to law for payment of the debts of himself or such
other person,
dishonestly or fraudulently removes or conceals or assists in removing or concealing such
property or dishonestly or fraudulently transfers, delivers or releases such property or any
interest therein to any person or practices any deception touching the same or accepts or
dishonestly or fraudulently accepts, receives or claims such property or any interest therein,
knowing that he has no right or rightful claim thereto, shall be punished with imprisonment
for a term which may extend to six months, or with fine [sic: caning] which may extend to
twenty lashes or with both. 483
Explanation:
In this section "property" includes rights of action and property of every other description whether movable
or immovable and whether corporeal or incorporeal. 484
346. Whoever fraudulently causes or suffers a decree or order to be passed against him at
the suit of any person for a sum not due or for a larger sum than is due to such person or for
any property or interest in property to which such person is not entitled or fraudulently
causes or suffers a decree or order to be executed against him after it has been satisfied or for
anything in respect of which it has been satisfied, shall be punished with imprisonment for a
term which may extend to two years or with fine or with both. 485
347. Whoever fraudulently obtains a decree or order against any person for sum not due or
for a larger sum than is due or for any property or interest in property to which he is not
entitled or fraudulently causes a decree or order to be executed against any person after it
has been satisfied or for anything in respect of which it has been satisfied or fraudulently
suffers or permits any such act to be done in his name, shall be punished with imprisonment
for a term which may extend to two years or with fine or with both. 486
348. Whoever dishonestly or fraudulently signs, executes or becomes a party to any deed or
instrument, which purports to transfer or subject to any charge any property or any interest
therein and which contains any false statement relating to the consideration for such transfer
or charge or relating to the person or persons for whose use or benefit it is really intended to
operate, shall be punished: 487
483 PC, Gombe: 2 years/fine/both. Bauchi, Jigawa, Kano, Katsina, Sokoto, Yobe, Zamfara: 1 year/20
lashes/both. Kebbi: 1 year or fine or both or up to 20 lashes or both. Kaduna: ta’azir.
484 Gombe, Kano, Katsina omit this explanation.
485 Kano: 2 years/N50,000 fine/both and forfeiture of property acquired fraudulently. Katsina: as
Kano, but omits forfeiture provision. Kaduna: ta’azir. Sokoto adds a proviso: “Nothing shall preclude
the court from ordering for payment of restitution.” PC and Sokoto add an illustration: “A institutes a
suit against Z. Z knowing that A is likely to obtain a decree against him fraudulently suffers a judgment
to pass against him for a larger amount at the suit of B, who has no just claim against him, in order that
B, either on his own account or for the benefit of Z, may share in the proceeds of any sale of Z’s
property which may be made under A’s decree. Z has committed an offence under this section.”
Gombe omits this section entirely.
486 Kano, Katsina: 2 years/N50,000 fine/both and forfeiture of property acquired fraudulently.
Kaduna: ta’azir. Gombe omits this section entirely.
487 PC, Bauchi, Kaduna do not divide the punishments into two subsections, punishing as follows: PC,
Bauchi: 2 years or fine or both. Kaduna: ta’azir.
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