vol_4_4_chapter_4_part_III

CHAPTER 4: THE SHARIA PENAL CODES
shall be punished with imprisonment for a term which may extend to one year or with fine
or with both. 597
389. Whoever commits mischief by fire or any explosive substance intending to cause or
knowing it to be likely that he will thereby cause damage to any property shall be
punished: 598
(a) with imprisonment for a term which may extend to five years; or 599
(b) with caning which may extend to forty lashes; 600 and
(c) with restitution of the destroyed or damaged property.
390. Whoever commits mischief by fire or any explosive substance intending to cause or
knowing it to be likely that he will thereby cause the destruction of any building which is
ordinarily used as a place of worship or as a human dwelling or as a place of custody of
property, shall be punished with imprisonment for five years or for any less term or fine and
fifty lashes. 601
391. Whoever commits mischief 602 to any decked vessel or any vessel of a burden of
twenty tons or upwards 603 intending to destroy or render unsafe or knowing it to be likely
that he will thereby destroy or render unsafe that vessel, shall be punished with
imprisonment for a term which may extend to five years or with fine and fifty lashes. 604
392. Whoever commits or attempts to commit by fire or any explosive substance such
mischief as is described in section 391 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. 605
393. Whoever intentionally runs any vessel aground or ashore intending to commit theft of
any property contained therein or to misappropriate any such property dishonestly or with
intent that such theft or misappropriation of property may be committed shall be punished
with imprisonment for a term which may extend to three years and shall also be liable to
caning which may extend to forty lashes. 606
597 Bauchi: 3 years/fine/both. Kano: 1 year/N10,000 fine/both “and an order for the restitution of the
public land mark.” Katsina as Kano but omitting the restitution provision. Kaduna: ta’azir.
598 Kebbi omits this section entirely. PC, Kaduna do not divide the punishments into subsections,
punishing as follows: PC: up to 7 years and fine. Kaduna: ta’azir.
599 Bauchi: 20 years, “and”. Gombe, Jigawa, Kano, Katsina, Sokoto, Yobe, Zamfara: 7 years, “or”.
600 Kano, Katsina: 50 lashes.
601 PC, Bauchi, Jigawa, Katsina, Kebbi, Sokoto, Yobe, Zamfara: life and fine. Gombe: 14 years and
fine. Kano: life and fine “and an order for the restitution of the destroyed or damaged property.”
Kaduna: ta’azir.
602 Kano, Katsina: “mischief by fire”; cf. note to §392.
603 Gombe, Kano, Katsina: omit “of a burden of twenty tons or upwards”.
604 PC, Bauchi, Gombe, Jigawa, Kebbi, Sokoto, Yobe, Zamfara: 14 years or fine or both. Kano,
Katsina: 5 years or N50,000 fine or both. Kaduna: ta’azir.
605 Kano and Katsina omit this section; cf. first note to §391. PC, Jigawa, Kebbi, Sokoto, Yobe,
Zamfara: life and fine. Bauchi: “imprisonment for life or for a term which may extend to twenty years
and shall also be liable to fine.” Gombe: 14 years and fine. Kaduna: ta’azir.
606 PC: 14 years/fine. Bauchi: 20 years/40 lashes. Gombe, Jigawa, Kebbi, Sokoto, Yobe, Zamfara: 5
years/40 lashes. Kano, Katsina: 5 years/50 lashes. Kaduna: ta’azir.
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