vol_4_4_chapter_4_part_III

CHAPTER 4: THE SHARIA PENAL CODES
375. Whoever to the annoyance of others sings, recites, utters or reproduces by any
mechanical or electronic means 566 any obscene song or words in or near any place, 567 shall
be punished with imprisonment for a term which may extend to one year or with fine or
with caning which may extend to twenty lashes. 568
376. In this chapter:
Vagabonds
(1) The term "idle person" shall include-
(a) any person who being able wholly or in part to maintain himself or his family
wilfully neglects or refuses to do so;
(b) any person who wanders abroad or places himself in any street or public place
to get or gather alms or causes or encourages children to do so unless from age 569
or infirmity he is unable to earn his living;
(c) any person who has no settled home and has no ostensible means of
subsistence and cannot give a satisfactory account of himself;
(d) any prostitute 570 behaving in a disorderly or indecent manner in a public place
or persistently importuning or soliciting persons for the purpose of prostitution;
(e) any person playing at any game of chance for money or money's worth in any
public place; 571
(f) any person who in any street or place of public resort 572 or within sight or
hearing of any person therein disturbs the peace by quarrelling or attempting to
quarrel or by using any insolent, scurrilous or abusive term of reproach;
(g) any person who in any street or place of public resort 573 or within sight or
hearing of any person therein with the intention of annoying or irritating any
person, sings or otherwise utters 574 any scurrilous or abusive songs or words
whether any person be particularly addressed therein or not;
(h) any person who in any street or place of public resort is guilty of any riotous,
disorderly or insulting behaviour to the obstruction or annoyance of any person
lawfully using such street or place or any place in the neighbourhood thereof; and
all after the closure of the theatre.” Katsina: up to 2 years or up to 45 lashes. PC omits subsection (2)
entirely.
566 Only Kaduna includes the words “or electronic”.
567 PC and Sokoto have “in or near any public place”.
568 PC: 3 months/fine/both. Bauchi: 1 year/fine and up to 20 lashes. Kano: 1 year/N10,000 fine/30
lashes. Katsina: 1 year/N10,000 fine/20 lashes. Gombe has this section as a subsection of the previous
one.
569 Kano, Katsina: “old age”.
570 PC and all SPCs except Kano and Katsina: “common prostitute”.
571 Kano, Katsina: “in any place”.
572 Katsina omits “public”.
573 Katsina omits “public”.
574 PC omits “or otherwise utters”.
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