vol_4_4_chapter_4_part_III

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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. 120
CILS HARMONISED SHARIA PENAL CODE ANNOTATED 355. Whoever adulterates any article of food or drink or abstracts from any article of food or drink or any <strong>part</strong> thereof so as to affect injuriously the quality, substance or nature, intending to sell such article as food or drink without notice to the purchaser or knowing that it is likely that the same will be sold as food or drink without notice to the purchaser, shall be punished: 505 (a) with imprisonment for a term which may extend to one year; or (b) with caning which may extend to ten lashes, and with fine; 506 and (c) with forfeiture of the adulterated food or drink. 507 356. Whoever sells any article of food or drink which is not of the nature, substance and quality demanded by the purchaser or the article which the seller represents it to be, shall be punished: 508 (a) with imprisonment for a term which may extend to one year; 509 or (b) with caning which may extend to ten lashes, and with fine; 510 and (c) with forfeiture of the adulterated food or drink. 511 357. Whoever sells or offers or exposes for sale any article of food or drink, with which any admixture has been fraudulently made to increase the bulk, weight or measure of such article or to conceal the inferior quality thereof, or any article of food or drink, from which any <strong>part</strong> has been intentionally abstracted so as to affect injuriously its quality, substance or nature, without notice to the purchaser, shall be punished: 512 (a) with imprisonment for a term which may extend to one year; 513 or (b) with caning which may extend to ten lashes and with fine; 514 and (c) with forfeiture of the adulterated food or drink. 515 358. Whoever sells or offers or exposes for sale as food or drink any article which has been rendered or has become noxious or is in a state unfit for food or drink, knowing or having reason to believe that the same is noxious as or unfit for food or drink, shall be punished: 516 505 PC, Kaduna do not divide the punishments into subsections, punishing as follows: PC: 1 year or fine not exceeding £100. Kaduna: ta’azir. 506 Bauchi: up to 20 lashes or fine or both. Gombe, Jigawa, Kebbi, Sokoto, Yobe, Zamfara: up to 10 lashes or fine or both. Kano: up to 55 lashes. Katsina: up to 40 lashes or up to N10,000 fine or both. 507 Kano and Katsina put this subsection on forfeiture first. 508 PC, Kaduna do not divide the punishments into three subsections, punishing as follows: PC: up to £10 fine. Kaduna: ta’azir. 509 Bauchi, Kano, Katsina: up to 6 months. 510 Bauchi: up to 20 lashes or fine or both. Gombe, Jigawa, Kebbi, Sokoto, Yobe, Zamfara: up to 10 lashes or fine or both. Kano, Katsina: up to 30 lashes or fine or both. 511 Kano and Katsina put this subsection on forfeiture first. 512 PC, Kaduna do not divide the punishments into subsections, punishing as follows: PC: up to 6 months or fine not exceeding £50 or both. Kaduna: ta’azir. 513 Bauchi: up to 3 months. Kano: up to 2 years or N20,000 fine. Katsina: up to 2 years. 514 Bauchi, Gombe, Jigawa, Kebbi, Sokoto, Yobe, Zamfara: up to 10 lashes or fine or both. Kano: up to 50 lashes or both [evidently the provision on fine having strayed into the wrong subsection here]. Katsina: up to 50 lashes or N20,000 fine or both. 515 Kano and Katsina put this subsection on forfeiture first. 121
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