Section 61-68 of the Nigerian Criminal Code Act

Section 61-68 of the Nigerian Criminal Code Act

Section 61, 62, 63, 64, 65, 66, 67, 68 of the Nigerian Criminal Code Act is under Chapter 8 (Offences against the executive and legislative power) and Chapter 9 (Unlawful societies) of the Act.

Section 61 of the Nigerian Criminal Code Act

Interference with executive or legislative power

Any person who advisedly does any unlawful act calculated to interfere with the free exercise by the
President or a Governor of the duties or authority of his office or with the free exercise by a member of
the Federal Executive Council, or a State Executive Council of his duties as such member, is guilty of a
felony, and is liable to imprisonment for three years.
[L.N. 2 of 1960. L.N. 112 of 1964. 1967 No. 27.]
The offender cannot be arrested without warrant.
A prosecution for an offence under this section shall not be instituted except by or with the consent of a
law officer.

Section 62 of the Nigerian Criminal Code Act

Definition of society and unlawful society

(1) A society includes any combination of ten or more persons whether the society be known by
any name or not.
[L.N. 258 of 1959. 1967 No. 27.]
(2) A society is an unlawful society‐
(i) if formed for any of the following purposes‐
(a) levying war or encouraging or assisting any person to levy war on the Government or
the inhabitants of any part of Nigeria; or
(b) killing or injuring or encouraging the killing or injuring of any person; or
(c) destroying or injuring or encouraging the destruction or injuring of any property; or
(d) subverting or promoting the subversion of the Government or of its officials; or
(e) committing or inciting to acts of violence or intimidation; or
(f) interfering with, or resisting, or encouraging interference with or resistance to the
administration of the law; or
(g) disturbing or encouraging the disturbance of peace and order in any part of Nigeria; or
(ii) if declared by an order of the President to be a society dangerous to the good
government of Nigeria or of any part thereof.

SEE ALSO  Section 300-329 of the Nigerian Criminal Code

Section 62A of the Nigerian Criminal Code Act

Unlawful societies in a State

Without prejudice to the provisions of section 62 of this Code, a society is an unlawful society if it is
declared by an order of the President to be a society dangerous to the good government of Nigeria or of
any part thereof, and for such purpose the consent of the Attorney‐General of the Federation referred
to in section 65 of this Code shall be construed as a reference to the consent of the Attorney‐General of
the State.
[L.N. 148 of 1959. L.N. 22 of 1960.]

Section 63 of the Nigerian Criminal Code Act

Managing an unlawful society

Any person who manages or assists in the management of an unlawful society is guilty of a felony and is
liable to imprisonment for seven years.

Section 64 of the Nigerian Criminal Code Act

Members of unlawful society: persons permitting an unlawful society to meet on their premises

Any person who-
a) is a member of an unlawful society; or
(b) knowingly allows a meeting of an unlawful society, or of members of an unlawful
society, to be held in any house, building, or place belonging to, or occupied by, him or
over which he has control,
is guilty of a felony and is liable to imprisonment for three years.

Section 65 of the Nigerian Criminal Code Act

Provisions relating to prosecution for offences under sections 63 and 64

(1) A prosecution for an offence under the two last preceding sections shall not be instituted
except with the consent of the Attorney‐General of the Federation:
[L.N. 148 of 1959.]
Provided that a person charged with such an offence may be arrested or a warrant for his arrest
may be issued and executed, and any such person may be remanded in custody or on bail,
notwithstanding that the consent of the Attorney‐General of the Federation to the institution of a
prosecution for the offence has not been obtained, but no further or other proceedings shall be taken
until that consent has been obtained.

(2) In any prosecution for an offence under sections 63 and 64 of this Code it shall not be
necessary to prove that the society consisted of ten or more members; but it shall be sufficient to prove
the existence of a combination of persons, and the onus shall then rest with the accused to prove that
the number of members of such combination did not amount to ten.

SEE ALSO  Section 401-409 of the Nigerian Criminal Code Act

(3) Any person who attends a meeting of an unlawful society shall be presumed, until and unless
the contrary is proved, to be a member of the society.

(4) Any person who has in his possession or custody or under his control any of the insignia,
banners, arms, books, papers, documents, or other property belonging to an unlawful society, or wears
any of the insignia or is marked with any mark of the society, shall be presumed, unless and until the
contrary is proved, to be a member of the society.

Section 66 of the Nigerian Criminal Code Act

Powers of peace officers in relation to unlawful societies

Any peace officer, and any officer authorised in writing by a peace officer, may enter with or without
assistance any house or building or into any place in which he has reason to believe that a meeting of an
unlawful society, or of persons who are members of an unlawful society, is being held, and to arrest or
cause to be arrested all persons found therein and to search such house, building, or place, and seize or
cause to be seized all insignia, banners, arms, books, papers, documents and other property which he
may have reasonable cause to believe to belong to any unlawful society or to be in any way connected
with the purpose of the meeting.

Section 67 of the Nigerian Criminal Code Act

Disposition of property of society declared to be an unlawful society

(1) When a society is declared to be an unlawful society by an order of the President, the
following consequences shall ensue‐
[L.N. 257 of 1959. 1967 No. 27.]
(a) the property of the society within Nigeria shall forthwith vest in an officer appointed by
the President;
(b) the officer appointed by the President shall proceed to wind up the affairs of the
society, and, after satisfying and providing for all debts and liabilities of the society and
the costs of the winding up, if there shall then be any surplus assets, shall prepare and
submit to the President a scheme for the application of such surplus assets;
(c) such scheme, when submitted for approval, may be amended by the President in such
way as he shall think proper in the circumstances of the case;
(d) the approval of the President to such scheme shall be denoted by the endorsement
thereon of a memorandum of such approval signed by the President, and, upon this
being done, the surplus assets, the subject of the scheme, shall be held by such officer
upon the terms and to the purposes thereby prescribed;
(e) for the purpose of the winding up, the officer appointed by the President shall have all
the powers vested in a magistrate for the purpose of the discovering of the property of
a debtor and the realisation thereof.
(2) The President may, for the purpose of enabling a society to wind up its own affairs, suspend
the operation of this section of this Code for such period as to him shall seem expedient.
(3) The provisions of subsection (1) of this section shall not apply to any property seized at any
time under section 66 of this Code.

SEE ALSO  Section 480-489 of the Nigerian Criminal Code Act

Section 68 of the Nigerian Criminal Code Act

Forfeiture

Subject to the provisions of section 67 of this Code, the insignia, banners, arms, books, papers,
documents and other property belonging to an unlawful society shall be forfeited to the State and shall
be dealt with in such manner as the President may direct.
[L.N. 257 of 1959. L.N. 112 of 1964. 1967 No. 27.]

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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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