vol_4_4_chapter_4_part_III

CHAPTER 4: THE SHARIA PENAL CODES
deprived by any offence, shall, unless he uses all means in his power to cause the offender to
be brought to justice, be punished: 499
(a) with imprisonment for a term which may extend to one year or with fine or with
both; 500 and
(b) with caning which may extend to thirty lashes.
Explanation:
In this section the word "offence" includes any act done outside the State which if done in the State would
be an offence.
353. Whoever with intent to influence the course of justice in any civil or criminal
proceeding does any act whereby the fair hearing, trial or decision of any matter in that
proceeding may be prejudiced shall be punished with imprisonment which may extend to
two years and with caning which may extend to thirty lashes. 501
Public Nuisance
354. (1) A person is guilty of a public nuisance who does an act or is guilty of an illegal
omission which causes any common injury, danger or annoyance to the public or to
the people in general who dwell or occupy property in the vicinity, or which must
necessarily cause injury, obstruction, danger or annoyance to persons who may have
occasion to use any public right. 502
(2) Where premises on which a public nuisance has occurred are occupied by two or
more persons in common each of such persons shall be liable to conviction on
account of the nuisance in the absence of sufficient evidence that he has not been
guilty of the offence.
** [Katsina: punishment subsection] 503
Explanation 1:
A public nuisance does not cease to be an offence because it causes some convenience or advantage.
Explanation 2:
Whether an act or omission is a public nuisance is a matter of fact, which may depend on the character of
the neighbourhood. 504
499 PC, Kaduna do not divide the punishments into two subsections, punishing as follows: PC: 7 years
or fine or both. Kaduna: ta’azir.
500 Kano: 1 year/N20,000 fine/both. Katsina: 1 year/N10,000 fine/both.
501 PC, Bauchi: up to 2 years or fine or both. Gombe, Jigawa, Kebbi, Sokoto, Yobe, Zamfara: up to 2
years or fine or up to 30 lashes. Kano, Katsina: up to 2 years or up to N20,000 fine or up to 30 lashes.
Kaduna: ta’azir.
502 Kano adds here: “and shall on conviction be liable to imprisonment which may extend to six
months or fine of N5,000 or both.” Kano then omits what is here §369, on punishment for public
nuisance in cases not otherwise provided for.
503 Katsina adds subsection (3) as follows: “Whoever commits public nuisance shall be liable to
imprisonment for a term of two years or a fine of N2,000 or with both.” Katsina then omits what is
here §369, on punishment for public nuisance in cases not otherwise provided for.
504 PC adds and illustration, omitted here and in all SPCs.
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