Section 161-175 of the Nigerian Criminal Code Act

Section 161-175 of the Nigerian Criminal Code Act

Section 161 to 189 of the Nigerian Criminal Code Act is under Chapter 17 (Offences relating to Posts and Telecommunications) of the Act.

Section 161 of the Nigerian Criminal Code Act

Stopping mails

Any person who stops a mail with intent to search or rob postal matter is guilty of a felony and is liable
to imprisonment for life.

Section 162 of the Nigerian Criminal Code Act

Intercepting telegrams or postal matter

Any person who unlawfully secretes or destroys any postal matter or telegram or any part of any such
thing, is guilty of a felony and is liable to imprisonment for seven years, and if any such postal matter so
secreted or destroyed shall contain any money or chattel whatsoever, or any valuable security, such
person is liable to imprisonment for life.

Section 163 of the Nigerian Criminal Code Act

Tampering with telegrams or postal matter

Any person who, being employed by or under the Nigerian Postal Service, does with respect to any
postal matter or telegram any act which he is not authorised to do by virtue of his employment, or
knowingly permits any other person to do any such act with respect to any such thing, is guilty of a
felony and is liable to imprisonment for three years.
[1966 No. 84.]

Section 164 of the Nigerian Criminal Code Act

Wilful misdelivery of telegrams or postal matter

Any person who, being charged by virtue of his employment or by virtue of any contract, with the
delivery of any postal matter or telegram, wilfully delivers it to a person other than the person to whom
it is addressed, or his authorised agent in that behalf, is guilty of a felony and is liable to imprisonment
for three years.

Section 165 of the Nigerian Criminal Code Act

Obtaining telegrams or postal matter by false pretences

Any person who by means of any false pretence induces any person employed by or under the Nigerian
Postal Service or any telegraph official to deliver to him any postal matter or telegram which is not
addressed to him, is guilty of a misdemeanour and is liable to imprisonment for two years.
[1966 No. 84.]

SEE ALSO  Section 17 to 21 of the Nigerian Criminal Code Act

Section 166 of the Nigerian Criminal Code Act

Secreting letters and telegrams

Any person who wilfully secretes or detains any postal matter or telegram which is found by him, or
which is wrongly delivered to him, and which, in either case, ought to his knowledge, to have been
delivered to another person, is guilty of a misdemeanor and is liable to imprisonment for two years.

Section 167 of the Nigerian Criminal Code Act

Fraudulent issue of money orders and postal orders

Any person who, being employed by or under the Nigerian Postal Service, and being charged by virtue of
his employment with any duty in connection with the issue of money orders or postal orders, unlawfully,
and with intent to defraud, issues a money order or postal order, is guilty of a felony, and is liable to
imprisonment for seven years.
[1966 No. 84.]

Section 168 of the Nigerian Criminal Code Act

Fraudulent messages respecting money orders

Any person who, being employed by or under the Nigerian Postal Service, and being charged by virtue of
his employment with any duty in connection with money orders, sends to any other person, with intent
to defraud, any false or misleading letter, telegram, or message concerning a money order, or
concerning any money payable under a money order, is guilty of a felony and is liable to imprisonment
for three years.
[1966 No.84.]
The offender cannot be arrested without warrant.

Section 169 of the Nigerian Criminal Code Act

Unlawful franking of letters

Any person who, being empowered under the provisions of any enactment or authorised by the
Minister charged with responsibility for postal matter to frank postal matter, superscribes any postal
matter‐
[L.N. 112 of 1964.]
(a) which does not relate to the business of his office or department; or
(b) into which there has been inserted any letter or other thing which does not relate to
such business,
with intent to avoid payment of the postage on such postal matter or other letter or thing inserted as
aforesaid into such postal matter, is guilty of an offence, and is liable to a fine of two hundred naira.

Section 170 of the Nigerian Criminal Code Act

Sending dangerous or obscene things by post

Any person who knowingly sends, or attempts to send by post anything which‐
(a) encloses anything, whether living or inanimate, of such a nature as to be likely to injure
any other thing in the course of conveyance or to injure any person; or
(b) encloses an indecent or obscene print, painting, photograph, lithograph, engraving,
book, card, or article, or which has on it, or in it, or on its cover, any indecent, obscene,
or grossly offensive words, marks, or designs,
is guilty of a misdemeanour and is liable to imprisonment for one year.

SEE ALSO  Section 22-36 of the Nigerian Criminal Code Act

Section 171 of the Nigerian Criminal Code Act

Retarding delivery of telegrams or postal matter

Any person who, being required by law or by virtue of his employment to do any act with respect to the
receipt, despatch, or delivery, of any postal matter or telegram‐
[L.N. 112 of 1964.]
(a) neglects or refuses to do such act; or
(b) wilfully detains or delays, or permits the detention or delay of any such thing; or
(c) opens, or procures or suffers to be opened, any postal matter,
is guilty of a misdemeanour and is liable to a fine of two hundred naira or to imprisonment for one year:
Provided always that nothing herein contained shall extend to the opening or detaining of any postal
matter or telegram returned by reason that the person to whom the same shall be directed is dead, or
cannot be found, or shall have refused the same, or shall have refused or neglected to pay the postage
thereof or any charges payable in respect thereof, nor to the opening or detaining or delaying of any
postal matter or telegram under the authority of any Act or in obedience to an express warrant in
writing under the hand of the Minister charged with responsibility for postal matter.

Section 172 of the Nigerian Criminal Code Act

Obstructing mails

Any person who wilfully obstructs or delays the conveyance or delivery of postal matter, is guilty of a
simple offence and is liable to a fine of one hundred naira.

Section 173 of the Nigerian Criminal Code Act

Penalty on loitering, carelessness in delivery of mails, etc.

(1) Any person who, being employed by or under the Nigerian Postal Service to conveyor deliver
postal matter whilst so employed‐
(a) allows any postal matter bag or postal matter out of his possession; or
(b) suffers any unauthorised person to interfere with any such postal matter bag or postal
matter; or
(c) is guilty of any neglect whereby any such postal matter bag or postal matter is
endangered; or
(d) loiters on the road; or
(e) wilfully misspends or loses time; or
(f) is under the influence of intoxicating liquor; or
(g) does not convey postal matter at the speed fixed by the Postmaster‐General for the
conveyance thereof, unless prevented by some cause beyond his control, the proof, whereof lies on the
person charged,
is guilty of a simple offence and is liable to a fine of twenty naira.
(2) Any person who, being employed by or under the Nigerian Postal Service, negligently loses
any postal mater or telegram or negligently detains or delays, or permits the detention or delay of, any
postal matter or telegram, is guilty of a simple offence and is liable to a fine of twenty naira.

SEE ALSO  Section 233B-233F of the Nigerian Criminal Code

Section 174 of the Nigerian Criminal Code Act

Fraudulently removing stamps

Any person who, with intent to defraud‐
(1) removes from any postal matter or telegram any stamp affixed thereon; or
(2) removes from any stamp previously used any mark thereon at a postal or telegraph office; or
(3) knowingly uses a postage stamp which has been obliterated or defaced by a mark made
thereon at a post or telegraph office; or
(4) knowingly tampers with a postage stamp by smearing or coating the surface with mucilage
or any other substance so that it may be used again at a post or telegraph office,
is guilty of a misdemeanour and is liable to imprisonment for one year or to a fine of one hundred naira.
On the trial of a person charged with the offence of knowingly using a postage stamp which has been
obliterated or defaced by a mark made thereon at a post office, proof that the person charged is the
writer of the address of anything sent by post on which the stamp is affixed is sufficient evidence that he
is the person who used the stamp, until the contrary is shown.

Section 175 of the Nigerian Criminal Code Act

Fraudulent evasion of postal laws

Any person who‐
(1) knowingly and fraudulently puts into a post office anything in or upon which, or in or upon
the cover of which there is any letter, newspaper, or other thing, or any writing or mark, not allowed by
law to be there placed; or
(2) wilfully subscribes on the outside of anything sent by post a false statement of its contents;
or
(3) knowingly and fraudulently puts into a post office anything which falsely purports to be a
thing falling within any exemption or privilege declared by the laws relating to postal matter,
is guilty of a simple offence and is liable to a fine of one hundred naira.


Credit: https://lawsofnigeria.placng.org/laws/C38.pdf

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Inioluwa Olaposi

Hi, there. I'm Inioluwa, founder of LawHub NG. I study Law at Obafemi Awolowo University, Nigeria. And I am interested in entrepreneurship and human development. Contact me at Inioluwa@lawhub.com.ng.

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