Section 490-507 of the Nigerian Criminal Code Act

Section 490-507 of the Nigerian Criminal Code Act

Section 490 to 507 of the Nigerian Criminal Code Act is under Chapter 47 (Fraudulent debtors), Chapter 48 (Offences in relation to copyright), Chapter 49 (Secret commissions and corrupt practices), Chapter 50 (Cruelty to animals), Chapter 51 (Miscellaneous offences in relation to ships and wharves) and Chapter 52 (Offences by members of a crew) of the code.

CHAPTER 47 -Fraudulent debtors

Section 490 of the Nigerian Criminal Code Act

Fraudulent dealing with property by debtors

Any person who, with intent to defraud his creditors or any of them‐
(1) makes any gift, delivery, or transfer of his property, or any charge on his property; or
(2) conceals or removes any part of his property after or within two months before the date of
any unsatisfied judgment or order for payment of money obtained against him,
is guilty of a misdemeanor and is liable to imprisonment for one year.

CHAPTER 48 – Offences in relation to copyright

Section 491 of the Nigerian Criminal Code Act

Making or dealing in infringing copies of copyright work

Any person who knowingly‐
(a) makes for sale or hire any infringing copy of a work in which copyright subsists; or
(b) sells or lets for hire, or by way of trade exposes or offers for sale or hire any infringing
copy of any such work; or
(c) distributes infringing copies of any such work either for the purposes of trade or to such
an extent as to affect prejudicially the owner of the copyright; or
(d) by way of trade exhibits in public any infringing copy of any such work,
is guilty of a simple offence and is liable to a fine not exceeding four naira for every copy dealt with in
contravention of this section of this Code, but not exceeding one hundred naira in respect of the same
transaction; or, on the case of a second or subsequent offence, either to such fine or to imprisonment
for two months.

Section 492 of the Nigerian Criminal Code Act

Being in possession of plate for making infringing copies: giving unathorised performances of
copyright work

Any person who knowingly makes or has in his possession any plate for the purposes of making
infringing copies of any work in which copyright subsists, or knowingly and for his private profit causes
any such work to be performed in public without the consent of the owner of the copyright, is guilty of a
simple offence and is liable to a fine of one hundred naira, or, in the case of a second or subsequent
offence, either to such fine or to imprisonment for two months.

Section 493 of the Nigerian Criminal Code Act

Forfeiture of copies or plates

The court before which any proceedings are taken for any offence under sections 491 and 492 of this
Code may, whether the alleged offender is convicted or not, order all copies of the work or all plates in
the possession of the alleged offender, which appear to it to be infringing copies or plates for the
purpose of making infringing copies, to be destroyed or delivered up to the owner of the copyright or
otherwise dealt with as the court may think fit.

CHAPTER 49 – Secret commissions and corrupt practices

Section 494 of the Nigerian Criminal Code Act

Corrupt acceptance of gift

(1) Any person who‐
(a) being an agent, corruptly accepts or obtains or agrees to accept or attempts to obtain,
from any person, for himself or for any other person, any gift or consideration as an
inducement or reward for doing or for forbearing to do or for having after the
commencement of this Code done or forborne to do, any act in relation to his principal’s
affairs or business, or for showing or forbearing to show favour or do favour to any
person in relation to his principal’s affairs or business; or

Corrupt gift to agent
(b) corruptly gives or agrees to give or offers any gift or consideration to any agent as an
inducement or reward for doing or forbearing to do, or for having after the commencement of
this Code done or forborne to do, any act in relation to his principal’s affairs or business, or for
showing or forbearing to show favour or disfavour to any person in relation to his principal’s
affairs or business; or

Gift to agent of receipt, etc., with intent to mislead principal
(c) knowingly gives to any agent, or, being an agent, knowingly uses with intent to deceive his
principal, any receipt, account or other document in respect of which the principal is interested
and which contains any statement which is false or erroneous or defective in any material
particulars, and which, to his knowledge, is intended to mislead his principal,
is guilty of a misdemeanor and is liable to imprisonment for two years or to a fine of one thousand naira
or to both such imprisonment and fine.
(2) For the purposes of this section, the expression “consideration” includes valuable
consideration of any kind; the expression “agent” includes any person employed by or acting for
another; and the expression “principal” includes an employer.
(3) A person serving under the State or, in the Federal Capital Territory, Abuja, the government
of the State, as the case may be, or any local government council, is an agent within the meaning of this
section.
(4) A prosecution for an offence under this section of this Code shall not be instituted except by
or with the consent of a law officer.

SEE ALSO  Section 10A-16 of the Nigerian Criminal Code Act

CHAPTER 50 – Cruelty to animals

Section 495 of the Nigerian Criminal Code Act

Offences of cruelty

(1) Any person who‐
(a) cruelly beats, kicks, ill‐treats, over‐rides, over ‐dri ves, over‐loads, tortures, infuriates, or terrifies
any animal, or causes or procures, or being the owner, permits any animal to be so used; or
(b) by wantonly or unreasonably doing or omitting to do any act, or causing or procuring the
commission or omission of any act, causes any unnecessary suffering, or being the owner,
permits any unnecessary suffering to be caused to any animal; or
(c) conveys or carries, or being the owner, permits to be conveyed or carried any animal in such
manner or position as to cause such animal unnecessary suffering; or

(d) wilfully without any reasonable cause or excuse administers, or causes or procures, or, being the
owner, permits such administration of, any poisonous or injurious drug or substances to any
animal, or wilfully without any reasonable cause or excuse causes any such substance to be
taken by any animal; or
(e) subjects, or causes or procures, or, being the owner, permits, to be subjected, any animal to any
operation which is performed without due care and humanity; or
(f) causes, or procures, or assists at the fighting or baiting of any animal, or keeps, uses, manages,
or acts or assists in the management of any premises or place for the purpose, or partly for the
purpose, of fighting or baiting any animal, or permits any place to be so kept, managed or used,
or receives or causes or procures any person to receive money for the admission of any person
to such premises or place,
is guilty of an offence of cruelty and is liable to imprisonment for six months or to a fine of fifty naira or
to both such imprisonment and fine.

(2) For the purposes of this section, an owner shall be deemed to have committed cruelty within
the meaning of this Chapter if he shall have failed to exercise reasonable care and supervision in respect
of the protection of the animal therefrom:
Provided that, when an owner is convicted of permitting cruelty within the meaning of this Chapter by
reason only of his having failed to exercise such care and supervision, he is not liable to imprisonment
without the option of a fine.
(3) Nothing in this Chapter shall apply‐
(a) to the commission or omission of any act in the course of the destruction, or the preparation
for destruction, of any animal as food for mankind, unless such destruction or such preparation was
accompanied by the infliction of unnecessary suffering; or
(b) to the coursing or hunting of any captive animal, unless such animal is liberated in an injured,
mutilated or exhausted condition; but a captive animal shall not, for the purpose of this section, be
deemed to be coursed or hunted before it is liberated for the purpose of being coursed or hunted, or
after it has been recaptured, or if it is under control.

Section 496 of the Nigerian Criminal Code Act

Court may order destruction of animal

When the owner of any animal is convicted of an offence of cruelty under section 495 of this Code, it
shall be lawful for the court, if the court is satisfied that it would be cruel to keep the animal alive, to
direct that the animal be destroyed, and to assign the animal to a suitable person for that purpose. Any
reasonable expenses incurred in destroying the animal may be ordered by the court to be paid by the
owner, and thereupon shall be recoverable in like manner as a fine.

Section 497 of the Nigerian Criminal Code Act

Court may deprive person of ownership

If the owner of any animal is guilty of cruelty within the meaning of this Chapter to any animal, the court
upon his conviction thereof, may if it thinks fit, in addition to any other punishment, deprive such
person of the ownership of the animal, and may make such order as to the disposal of the animal as it
may think fit:
Provided that no order shall be made under this section of this Code, unless it is shown by evidence as
to a previous conviction, or as to the character of the owner, or otherwise, that the animal, if left with
the owner, is likely to be exposed to further cruelty.

Section 498 of the Nigerian Criminal Code Act

Power of police to take charge of animal or vehicle

When a person in charge of an animal or vehicle is arrested it shall be lawful for any police officer to
take charge of such animal or vehicle and to deposit the same in a place of safe custody until the
termination of the proceedings or until the court shall direct such animal or vehicle to be delivered to
the person charged or to the owner, and the reasonable costs of such detention, including the
reasonable costs of any veterinary treatment shall, in the event of a conviction in respect of the animal,
be paid by the owner, and such costs may be recovered in like manner as a fine.

SEE ALSO  Section 252-280 of the Nigerian Criminal Code

Section 499 of the Nigerian Criminal Code Act

Definitions

In this Chapter, unless the context otherwise requires‐”animal” means any domestic or captive animal;
captive animal” means any animal (not being a domestic animal) of whatsoever kind or species,
including any bird, fish or reptile, which is in captivity, or confinement, or which is maimed, pinioned or
subjected to any appliance or contrivance for the purpose of hindering or preventing its escape from
captivity or confinement;
domestic animal” means any animal or bird which is tame or which has been or is being sufficiently
tamed to serve some purpose for the use of man.

CHAPTER 51 – Miscellaneous offences in relation to ships and wharves

Section 500 of the Nigerian Criminal Code Act

Interpretation

In this Chapter, unless the context otherwise requires‐
“crew” includes masters, mates, pilots, engineers, stokers, deckhands and all persons engaged in the
navigation or service of the ship;
“Government” means the government of the Federation and includes a State government;
[L.N. 112 of 1964.]
“passenger steamer” means every steamship carrying one or more persons other than the crew, and
the owner, his family, friends and servants;
“ship” includes every description of vessel in the service of the Government and every passenger
steamer employed in local navigation on the inland and territorial waters of Nigeria.

Section 501 of the Nigerian Criminal Code Act

Offences in relation to ships

(1) If any of the following offences is committed on any ship‐
(a) if any person being drunk or disorderly has been on that account refused admission thereto by
any duly authorised member of the crew and nevertheless persists in attempting to enter the
ship;
(b) if any person being drunk or disorderly on board the ship is requested by any duly authorised
member of the crew to leave the ship at any place at which he can conveniently do so, and does
not comply with the request;
(c) if any person on board the ship, after warning by any duly authorised member of the crew
molests or continues to molest any passenger;
(d) if any person shall obstruct, impede or molest the crew or any member of them in the
navigation or management of the ship;
(e) if any person, after having been refused admission to the ship by any duly authorised member
of the crew on account of the ship being full, persists in attempting to enter the ship;
(f) if any person having gone on board the ship at any place and being requested, on account of the
ship being full, by any duly authorised member of the crew to leave the ship, before it has
quitted that place, does not comply with that request;
(g) if any person travels or attempts to travel in the ship without first paying his fare and with
intent to avoid payment thereof;
(h) if any person having paid his fare for a certain distance, knowingly and wilfully proceeds in the
ship beyond that distance without first paying the additional fare for the additional distance,
with intent to avoid payment thereof;
(i) if any person on arriving in a ship at the point to which he has paid his fare knowingly and
wilfully refuses or neglects to quit the ship;
(f) if any person on board the ship fails when requested by any duly authorised member of the
crew either to pay his fare or exhibit such ticket or other receipt, if any, showing the payment of
his fare, as is usually given to persons travelling by and paying their fare on the ship;
(k) if any person travels or attempts to travel in that part of a ship which is set apart for passengers
of a superior class to that for which he holds a ticket;
(I) if any person travels or attempts to travel in any ship or part of a ship which is not set apart for
public passengers and on being ordered by any duly authorised member of the crew to leave
such place refuses so to do,
the person so offending shall for such offence be liable to a fine of ten naira but that liability shall not
prejudice the recovery of any fare payable by him.
(2) Any member of the crew in charge of any ship, and all persons called by him to his
assistance, may, without warrant, arrest any person who commits any offence against this section of
this Code and whose name and address are unknown to him.
(3) Any person who commits an offence against this section of this Code and on the application
of the officer or quartermaster in charge of the ship, refuses to give his name and address, or gives a
false name or address, is liable to a fine of forty naira.

Section 502 of the Nigerian Criminal Code Act

Entering ship or wharf without ticket

(1) Any person who‐
(a) not being a passenger by a ship or not having purchased a ticket to travel by a ship, enters upon
any enclosed quay, wharf, or landing place, and on being ordered to leave such quay, wharf or
landing place by any servant of the Nigerian Ports Authority or person in charge of such quay,
wharf, or landing place or any police officer, refuses to do so; or
(b) not being a passenger by a ship or not having purchased a ticket to travel by a ship, attempts to
enter upon any enclosed quay, wharf or landing place, and on being ordered to desist by any
servant of the Nigerian Ports Authority or person in charge of such quay, wharf or landing place,
or any police officer, persists in so doing,
is guilty of a simple offence and is liable to a fine of four naira or in default to imprisonment for one
month.
(2) Any duly authorised member of the crew or any police officer and all persons called by him
to his assistance may, without warrant, arrest any person who commits any offence against this section
of this Code and whose name and address are unknown to him.

SEE ALSO  Section 443-462 of the Nigerian Criminal Code Act

Section 503 of the Nigerian Criminal Code Act

Power to exclude drunken person from ship

Any duly authorised member of the crew of any ship may refuse to receive on board thereof any person
who by reason of drunkenness or otherwise is in such a state, or misconducts himself in such a manner,
as to cause annoyance or injury to passengers on board, and if any such person is on board, may put him
on shore at any convenient place.

Section 504 of the Nigerian Criminal Code Act

Jurisdiction

For the purpose of giving jurisdiction under this Chapter, every offence shall be deemed to have been
committed and every cause of complaint to have arisen either in the district in which the same actually
was committed or arose, or in any district in which the offender or person complained against is or may
be found.

CHAPTER 52 – Offences by members of a crew

Section 505 of the Nigerian Criminal Code Act

Interpretation

In this Chapter, unless the context otherwise requires‐
[L.N. 112 of 1964.]
“Government” means the government of the Federation and includes a State government;
“ship” includes every description of vessel used in inland navigation or in the service of the Government,
but does not include‐
(a) ocean‐going ships not in the service of the Government; or

(b) vessels or canoes of local manufacture;
“voyage” means the period from the date of the entry of the starting of a ship in the ship’s log to the
date when the ships’ log is handed over to the employer or his agent and the voyage terminates.

Section 506 of the Nigerian Criminal Code Act

Obligation to complete voyage

A person serving in the crew of a ship shall complete any voyage the ship may be engaged in making
when the period of his engagement expires:
Provided that the person serving after the term of his agreement has expired, shall be paid up to the
date of the termination of the voyage, at the rate stipulated for under the terms of the agreement
under which he is serving.

Section 507 of the Nigerian Criminal Code Act

Offences by members of a crew

(1) Any person who-
a) having entered into an agreement to serve in the crew of any ship fails to enter upon
his employment; or
(b) being a member of the crew of any ship‐
(i) deserts or without leave or lawful cause absents himself from duty;
(ii) is intoxicated during working hours;
(iii) refuses without reasonable excuse therefor to obey the order of any person in
authority over him;
(iv) uses abusive or insulting language to any person in authority over him;
(iv) wilfully does any act tending to the loss of or damage or serious risk to his employer’s
property;
(vi) refuses or omits without reasonable cause to do any act proper and requisite to
be done by him for preserving his employer’s property,
is guilty of a simple offence and is liable to a fine of ten naira.
(2) Any person serving in the crew of any ship who combines with any of the crew to disobey
lawful commands, or to neglect duty, or to impede the navigation of the ship or the progress of the
voyage, shall be liable to imprisonment for three months.
(3) The offender may be tried in any place where he is or to which he may be brought.
(4) A master or person in charge of an ocean‐going ship may inquire into any offence under this
section of this Code, and may impose upon the offender a fine not exceeding ten naira to be levied by
stoppage from the offender’s wages.


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

Published by

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.

Leave a Reply

Your email address will not be published.