Section 69-88A of the Nigerian Criminal Code Act

Section 69-88A of the Nigerian Criminal Code Act

Section 69 to 88A of the Nigerian Criminal Code Act is under Chapter 10 (Unlawful assemblies: breaches of the peace) of the Act.

Section 69 of the Nigerian Criminal Code Act

Definitions: Unlawful assembly. Riot

When three or more persons, with intent to carry out some common purpose, assemble in such a
manner or, being assembled, conduct themselves in such a manner as to cause persons in the
neighbourhood to fear on reasonable grounds that the persons so assembled will tumultuously disturb
the peace, or will by such assembly needlessly and without any reasonable occasion provoke other
persons tumultuously to disturb the peace, they are an unlawful assembly.
It is immaterial that the original assembling was lawful if, being assembled; they conduct themselves
with a common purpose in such a manner as aforesaid.

An assembly of three or more persons who assemble for the purpose of protecting any house against
persons threatening to break and enter the house in order to commit a felony or misdemeanour therein
is not an unlawful assembly.
When an unlawful assembly has begun to act in so tumultuous a manner as to disturb the peace, the
assembly is called a riot, and the persons assembled are said to be riotously assembled.

Section 70 of the Nigerian Criminal Code Act

Punishment of unlawful assembly

Any person who takes part in an unlawful assembly is guilty of a misdemeanour and is liable to
imprisonment for one year.

Section 71 of the Nigerian Criminal Code Act

Punishment of riot

Any person who takes part in a riot is guilty of a felony and is liable to imprisonment for three years.

Section 72 of the Nigerian Criminal Code Act

Making proclamation for rioters to disperse

Any magistrate or, in his absence, any police officer, of or above the rank of assistant superintendent, or
any commissioned officer in the Naval, Military or Air Forces of Nigeria in whose view a riot is being
committed, or who apprehends that a riot is about to be committed by persons assembled within his
view, may make or cause to be made a proclamation in the name of the Federal Republic in such form as
he thinks fit, commanding the rioters or persons so assembled to disperse peaceably.
[L.N. 112 of 1964.]

Section 73 of the Nigerian Criminal Code Act

Dispersion of rioters after proclamation made

If upon the expiration of a reasonable time after such proclamation is made, or after the making of such
proclamation has been prevented by force, twelve or more persons continue riotously assembled
together, any person authorised to make proclamation, or any police officer, or any other person acting
in aid of such person or police officer, may do all things necessary for dispersing the persons so
continuing assembled, or for apprehending them or any of them, and, if any person makes resistance,
may use all such force as is reasonably necessary for overcoming such resistance, and shall not be liable
in any criminal or civil proceeding for having, by the use of such force, caused harm or death to any
person.

Section 74 of the Nigerian Criminal Code Act

Rioting after proclamation

If proclamation is made, commanding the persons engaged in a riot, or assembled with the purpose of
committing a riot, to disperse, every person who, at or after the expiration of a reasonable time from
the making of such proclamation, takes or continues to take part in the riot or assembly is guilty of a
felony and is liable to imprisonment for five years.

Section 75 of the Nigerian Criminal Code Act

Preventing or obstructing the making of proclamation

Any person who forcibly prevents or obstructs the making of such proclamation as is in section 75 of this
Code, is guilty of a felony and is liable to imprisonment for ten years; and if the making of the
proclamation is so prevented, every person who, knowing that it has been so prevented, takes or
continues to take part in the riot or assembly is liable to imprisonment for five years.

Section 76 of the Nigerian Criminal Code Act

Rioters demolishing buildings, machinery, railway, etc.

Any persons who, being riotously assembled together, unlawfully pull down or destroy, or begin to pull
down or destroy any building, railway, machinery or structures are guilty of a felony and each of them is
liable to imprisonment for life.

Section 77 of the Nigerian Criminal Code Act

Rioters injuring buildings, machinery, railway, etc.

Any persons who, being riotously assembled together, unlawfully damage any of the things in section 77
of this Code, are guilty of a felony and each of them is liable to imprisonment for seven years.

Section 78 of the Nigerian Criminal Code Act

Smuggling or rescuing goods under arms

Any persons who assemble together to the number of three or more armed with firearms, bows and
arrows, spears, swords, knives, or other dangerous or offensive weapons, in order to effect or aid in
effecting any of the following purposes‐
(a) the unlawful shipping, unshipping, loading, moving, or carrying away of any goods the
importation of which is prohibited, or any goods liable to customs duties, which duties
have not been paid or secured;
(b) the rescuing or taking of any such goods from any person authorised to seize them, or
from any person employed by him, or assisting him, or from any place where any such
person has put them;
(c) the rescuing of any person who has been arrested on a charge of any offence relating to
the customs;
(d) the prevention of the arrest of any person guilty of any such offence, or of any person
aiding in effecting any of the purposes in this section,
are guilty of a felony and each of them is liable to imprisonment for seven years.

Section 79 of the Nigerian Criminal Code Act

Smuggling under arms or in disguise

Any persons who are found assembled together, to the number of six or more, having with them any
goods liable to forfeiture under any law relating to the customs, and carrying firearms, bows and arrows,
spears, swords, knives, or other dangerous or offensive weapons, or disguised, are guilty of a felony and
each of them is liable to imprisonment for seven years.

Section 80 of the Nigerian Criminal Code Act

Going armed so as to cause fear

Any person who goes armed in public without lawful occasion in such a manner as to cause terror to any
person is guilty of a misdemeanour and is liable to imprisonment for two years and his arms may be
forfeited.

Section 81 of the Nigerian Criminal Code Act

Forcible entry

Any person who, in a manner likely to cause a breach of the peace or reasonable apprehension of a
breach of the peace, enters on land which is in actual and peaceable possession of another, is guilty of a
misdemeanour and is liable to imprisonment for one year.
It is immaterial whether he is entitled to enter on the land or not.

Section 82 of the Nigerian Criminal Code Act

Forcible detainer

Any person who, being in actual possession of land without colour of right, holds possession of it, in a
manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace,
against a person entitled by law to the possession of the land, is guilty of a misdemeanour and is liable
to imprisonment for one year.

Section 83 of the Nigerian Criminal Code Act

Affray

Any person who takes part in a fight in a public place is guilty of a misdemeanour and is liable to
imprisonment for one year.

Section 84 of the Nigerian Criminal Code Act

Challenge to fight a duel

Any person who challenges another to fight a duel, or attempts to provoke another to fight a duel, or
attempts to provoke any person to challenge another to fight a duel, is guilty of a felony, and is liable to
imprisonment for three years.

Section 85 of the Nigerian Criminal Code Act

Prize fight

Any person who fights in a prize fight, or subscribes to or promotes a prize fight, is guilty of a
misdemeanour and is liable to imprisonment for one year.

Section 86 of the Nigerian Criminal Code Act

Threatening violence

Any person who(
1) with intent to intimidate or annoy any person, threatens to break or injure a dwelling‐house;
or
(2) with intent to alarm any person in a dwelling‐house, discharges loaded firearms or commits
any other breach of the peace,
is guilty of a misdemeanour and is liable to imprisonment for one year.
If the offence is committed in the night the offender is guilty of a felony and IS liable to imprisonment
for three years.

Section 87 of the Nigerian Criminal Code Act

Assembling for the purpose of smuggling

Any persons who assemble together, to the number of three or more, for the purpose of unshipping,
carrying or concealing, any goods subject to customs duty and liable to forfeiture under any law relating
to the customs, are guilty of a misdemeanour and each of them is liable to a fine not exceeding two
hundred naira or to imprisonment for six months.

Section 88 of the Nigerian Criminal Code Act

Unlawful processions

(1) Any persons who assemble together, to the number of three or more, under any of the
following circumstances‐
(a) bearing or wearing or having amongst them any firearms, bows and arrows, spear,
sword, knife, or other offensive weapon; or
(b) publicly exhibiting any banner, emblem, flag, or symbol, the displaying of which is
calculated to promote animosity between persons of different religious faiths or
different factions; or
(c) being accompanied by any music, beating of drums, or other noise calculated to
promote such animosity,
and, being so assembled, join in any parade or procession for the purpose of celebrating or
commemorating any festival, anniversary, or event relating to or connected with any religious or other
distinction or difference between persons residing in Nigeria or of demonstrating any such religious or
other distinction or difference, are guilty of an offence and each of them is liable to imprisonment for
one month.
If the offender is himself bearing or wearing firearms, a bow and arrows, spear, sword, knife or any
other offensive weapon he is liable to imprisonment for six months.

(2) When three or more persons are so assembled together it is the duty of a peace officer to
make or cause to be made a command in the name of the President, in such words as he thinks fit, to
the persons assembled to disperse peaceably.
Any persons who, being so assembled, continue together to the number of three or more, and do not
disperse themselves within the space of a quarter of an hour after the giving of the command, are guilty
of an offence and each of them is liable to imprisonment for three years.
(3) A judicial officer may issue a warrant in the first instance for the arrest of any such offender,
either on the oath of a credible person or on his own view.

Section 88A of the Nigerian Criminal Code Act

Provoking breach of peace by offensive publication

(1) Any person who‐
(a) in any manner or form publishes or displays or offers to the public the pictorial
representation of any person living or dead in a manner likely to provoke any section of
the community; or
[1966 No. 44.]
(b) publishes or circulates publications either in the form of newspapers, or leaflets,
periodicals, pamphlets or posters, if such publications are likely to provoke or bring into
disaffection any section of the community; or
(c) sings songs, plays any instrument or recording of sounds, or sells, lends, or lets on hire
any
record of sounds, the words of which are likely to provoke any section of the community,
is guilty of an offence for which he may be arrested without warrant by any police officer or member of
the armed forces in uniform, and upon conviction is liable to a fine of one hundred naira or to
imprisonment for a term of three months, or to both such fine and imprisonment; and the court
convicting may order confiscation of any material (including records) used for purposes contemplated by
this section and of any instrument used in connection therewith.

(2) Where any person is subsequently convicted of the like or any other offence under this
section of this Code, the penalty shall be the maximum prescribed for the offence.

(3) It shall be a defence to any person charged under this section of this Code with selling,
lending or letting on hire of any record that after reasonable inquiry was made by him before the sale,
lending or hiring out as the case may be, (the proof of which inquiry shall lie upon the person charged
with the offence), he was unaware of the possibility that it might be used for purposes mentioned in
subsection (1) of this Code, and thereafter withdrew the record from sale or recalled any record lent or
hired out by him.

(4) This section of this Code shall have effect notwithstanding any other penalty which may be
prescribed for an offence of a similar nature in any criminal code or penal code in force in Nigeria.
Interpretation

(5) In this section, unless the context otherwise requires‐
“pictorial representation” includes any photograph, and any plate or film, positive or negative;
“recorded” means sounds collected or stored by means of any tape, disc, cylinder or other means
whatsoever where the sounds are capable of being reproduced or are intended for reproduction by
electrical or mechanical means at any time or from time to time thereafter, and includes the matrix,and
cognate expressions shall have the like meaning; “sounds” includes speech and mere noise.

Credit: https://lawsofnigeria.placng.org/laws/C38.pdf (As well as many other posts in this category – ‘Nigerian Criminal Code Act‘.

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