Section 10A-16 of the Nigerian Criminal Code Act
Section 10A-16 of the Nigerian Criminal Code Act
Section 10A, 11, 12, 13, 14, 15, 16 of the Nigerian Criminal Code Act is under Chapter 3 (Application of Criminal Law).
Section 10A of the Nigerian Criminal Code Act
10A. (1) In this Chapter-
“Federal law” means any Act enacted by National Assembly having effect with respect to the
Federation and any Act enacted before the 1st day of October, 1960, which under the Constitution of
the Federation has effect with respect to the Federation;
“law of a State” means any written law enacted by the House of Assembly of the State or having
effect as if it were enacted by the said House of Assembly;
“law” includes any order, rule of court, regulation or proclamation made under the authority of
such law.
Section 11 of the Nigerian Criminal Code Act
A person shall not be punished for doing or omitting to do an act of unless the act or omission
constituted an offence under the law in force when it occurred.
Section 12 of the Nigerian Criminal Code Act
Where by the provisions of any Federal law the doing of any act or the making of any omission is
constituted an offence those provisions shall apply to every person who is in Nigeria at the time of his
doing the act or making the omission.
With regard to such offences which are of such a nature that they comprise several elements, if any
acts or omissions or events actually occur, which, if they all occurred in Nigeria, would constitute an
offence, and any of such acts or omissions or events occur in Nigeria, although all pr some of the other
acts or omissions or events which, if they occurred in Nigeria, would be elements of the offence occur
elsewhere than in Nigeria; then-
(1) if the act or omission, which in the case of an offence wholly committed in Nigeria would be the
initial element of the offence, occurs in Nigeria, the person who does that act or makes that omission
is guilty of an offence of the same kind and is liable to the same punishment, as if all the subsequent
elements of the offence had occurred in Nigeria; and
(2) if that act or omission occurs elsewhere than in Nigeria, and the person who does that act or makes
that omission afterwards comes into Nigeria, he is by such coming into Nigeria guilty of an offence
of the same kind, and is liable to the same punishment, as if that act or omission had occurred in
Nigeria and he had been in Nigeria when it occurred.
But in any such case it is a defence to the charge to prove that the accused person did not intend
that the act or omission should have effect in Nigeria. This section does not extend to a case in
which the only material event that occurs in Nigeria is the death in Nigeria of a person whose death
is caused by an act, done or omitted to be done, at a place not in Nigeria and at a time when he was
not in Nigeria.
Section 12A of the Nigerian Criminal Code Act
(1) Where by the provisions of any law of a State the doing of any act or the making of any omission
is constituted an offence, those provisions shall apply to every person who is in the State at the time
of his doing the act or making the omission.
(2) With regard to any such offence which is of such a nature that it comprises several elements, if
any acts or omissions or events actually occur, which, if they all occurred in the State, would
constitute an offence, and any of such acts or omissions or events occur in the State, although all or
some of the other acts or omissions or events which, if they occurred in the State, would be elements
of the offence occur elsewhere than in the State, then-
(a) if the act or omission, which in the case of an offence committed wholly in the State would be
the initial element of the offence, occurs in the State, the person who does that act or makes that
omission is guilty of an offence of the same kind and is liable to the same punishment as if all
the subsequent elements of ,the offence had occurred in the State; and
(b) if that act or omission occurs else where than in the State, and the person who does that act or
makes that omission afterwards comes into the State, he is by such coming into the State guilty
of an offence of the same kind and is liable to the same punishment, as if that act or omission
had occurred in the State and he had been in the State when it occurred.
But in any such case it is a defence to the charge to prove that the Focused person did not
intend that the act or omission should have effect in the State. This subsection does not extend to
a case in which the only material event that occurs in the State is the death in the State of a
person whose death is caused by an act, done or omitted to be done, at a place not in the State
and at a time when he was not in the State.
Section 13 of the Nigerian Criminal Code Act
(1) Any person who, having while out of Nigeria procured another to do or omit to do in Nigeria an
act of such a nature that if he had himself done the act or made the omission in Nigeria, he would
have been guilty of an offence, afterwards comes into Nigeria, is by such coming into Nigeria guilty
of an offence of the same kind, and is liable to the same punishment, as if he himself had done the
act or made the omission in Nigeria.
Any person who, having while out of Nigeria counselled or procured the commission of an
offence which is actually committed in Nigeria, afterwards comes into Nigeria, is by such coming
into Nigeria guilty of an offence of the same kind, and is liable to the same punishment, as if he had
been in Nigeria when the offence was committed.
(2) In this section, “offence” means an offence against any Federal law.
Section 13A of the Nigerian Criminal Code Act
The provisions of section 13 shall apply in relation to Offences against a law of the State as they apply
in relation to offences against a Federal law but as if references to Nigeria were references to the State.
Section 14 of the Nigerian Criminal Code Act
Any person who while in Nigeria procures another to do an act or make an omission at a place not in
Nigeria of such a nature that, if he had himself done the act or made the omission in Nigeria, he would
have been guilty of an offence, and that, if he had himself done the act or made the omission, he would
have been guilty of an offence under the laws in force in the place where the act or omission is done or
made, is guilty of an offence of the same kind, and is liable to the same punishment, as if the act had
been done or the omission had been made in Nigeria.
Section 14A of the Nigerian Criminal Code Act
Any person who while in a State procures another to do an act or make an omission at a place not in
the State of such a nature that if he had himself done the act or made the omission in the State he would
have been himself guilty of an offence against a law of the State, and that, if he had done the act or made
the omission he would have been guilty of an offence under the laws of the place where the act or
omission is done or made, is guilty of an offence of the same kind, and is liable to the same punishment,
as if the act had been done or the omission had been made in the State.
Section 15 of the Nigerian Criminal Code Act
Members of the armed forces and of the police forces of Nigeria are subject to the special laws relating
to the forces to which they respectively belong, but are not exempt from the provisions of this code.
Section 16 of the Nigerian Criminal Code Act
(Repealed by No. 43 of 1945.)
Credit: https://www.wipo.int/edocs/lexdocs/laws/en/ng/ng025en.pdf