vol_4_4_chapter_4_part_III

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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. 130
CILS HARMONISED SHARIA PENAL CODE ANNOTATED 394. Whoever commits mischief having made preparation for causing to any person death or hurt or wrongful restraint or fear of death or of hurt or of wrongful restraint 607 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. 608 395. In this <strong>chapter</strong>: Lotteries and Gaming Houses "Lottery" includes any game, method or device (whether in private or public) 609 whereby money or money's worth is distributed or allotted in any manner depending upon or to be determined by chance, or lot; "Lottery ticket" includes any paper, ticket, token or other article whatsoever which either expressly or tacitly entitles or purports to entitle any person to receive any money or money's worth on the happening of any event or contingency connected with any lottery. ** [“public lottery”] 610 396. Whoever keeps any house or place to which persons are admitted for the purpose of betting or gambling 611 or playing any game of chance or keeps any office or place for the purpose of drawing any lottery or assists in the conduct of any such house or place or office shall be punished with imprisonment for a term which may extend to six months or with caning of fifteen lashes or with fine or with any two of the above. 612 ** [proviso and subsection (2)] 613 397. Whoever ** [playing game of chance] 614 607 Kaduna omits “or fear of death or of hurt or of wrongful restraint”. 608 PC: 5 years/fine. Bauchi: 20 years/40 lashes. Gombe, Jigawa, Kano, Katsina, Kebbi, Sokoto, Yobe, Zamfara: 7 years/50 lashes. Kaduna: ta’azir. 609 PC omits “whether in private or public”. 610 PC has a further definition omitted here and in all SPCs: “‘public lottery’” means a lottery to which the public or any class of the public has, or may have, access, and every lottery shall, until the contrary is proved, be deemed to be a public lottery.” 611 PC omits “or gambling”. 612 PC: 2 years/fine/both. Bauchi: 1 year/exactly 20 lashes/fine/any two. Kano: 5 years/exactly 30 lashes/exactly N500,000 fine “or both”. Katsina: 2 years/exactly 30 lashes/exactly N5,000 fine “or both”. Kebbi: as here, but leaving off “or with any two of the above”. Sokoto: 6 months or exactly 15 lashes and fine. Kaduna: ta’azir. 613 PC adds a proviso and a subsection (2), as follows: “Provided always that nothing herein contained shall make illegal the use of a totalisator by a race club recognised by the Government at a race meeting, with the approval of the Provincial Commissioner of the province or the Administrator of Kaduna as the case may be. (2) In this section the word ‘totalisator’ means the instrument, machine or contrivance, commonly known as a totalisator, and any other instrument, machine or contrivance of a like nature, or any scheme for enabling any number of persons to make bets with one another on the like principles.” 614 Kano, Katsina have as subsection (a): “plays a game of chance or delegates another to play on his behalf, or plays on behalf of another person; or”. 131
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Chapter 4 Part III The Centre for I
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