Section 89-111 of the Nigerian Criminal Code Act

Section 89-111 of the Nigerian Criminal Code Act

Section 89 to 111 of the Nigerian Criminal Code Act is under Chapter 11(Disclosure of official secrets and abstracting document) and Chapter 12 (Corruption and abuse of office) of the Act.

Section 89 to 96 of the Nigerian Code Act

Section 89 to 96 of the Nigerian Code Act has been Deleted by No.31 of 1941.

Section 97 of the Nigerian Criminal Code Act

Disclosure of official secrets

(1) Any person who, being employed in the public service, publishes or communicates any fact
which comes to his knowledge by virtue of his office, and which it is his duty to keep secret, or any
document which comes to his possession by virtue of his office and which it is his duty to keep secret,
except to some person to whom he is bound to publish or communicate it, is guilty of a misdemeanour,
and is liable to imprisonment for two years.
Public servant abstracting, etc., documents
(2) Any person who, being employed in the public service, without proper authority abstracts, or
makes a copy of, any document the property of his employer is guilty of a misdemeanour and is liable to
imprisonment for one year.

Restriction on prosecutions
(3) A prosecution for an offence under the provisions of this section of this Code shall not be
commenced except by, or with the consent of, a law officer.

Chapter 12 – Corruption and abuse of office

Section 98 of the Nigerian Criminal Code Act

Official corruption: public official inviting bribes, etc., on account of own actions

(1) Any public official (as defined in section 98D) who‐
(a) corruptly asks for, receives or obtains any property or benefit of any kind for himself or
any other person; or
[1966 No. 84.]
(b) corruptly agrees or attempts to receive or obtain any property or benefit of any kind for
himself or any other person, on account of‐
(i) anything already done or omitted, or any favour or disfavour already shown to
any person, by himself in the discharge of his official duties or in relation to any
matter connected with the functions, affairs or business of a government
department, public body or other organisation or institution in which he is
serving as a public official; or
(ii) anything to be afterwards done or omitted, or any favour; or disfavour to be
afterwards shown to any person, by himself in the discharge of his official duties
or in relation to any such matter as aforesaid,
is guilty of the felony of official corruption and is liable to imprisonment for seven years.
(2) If in any proceedings for an offence under this section of this Code it is proved that any
property or benefit of any kind, or any promise thereof, was received by a public official, or by some
other person at the instance of a public official, from a person‐
(a) holding, or seeking to obtain, a contract, licence or permit from a government
department, public body or other organisation or institution in which that public official
is serving as such; or
(b) concerned, or likely to be concerned, in any proceeding or business transacted, pending
or likely to be transacted before or by that public official or a government department,
public body or other organisation or institution in which that public official is serving as
such,
or by or from any person acting on behalf of or related to such a person, the property, benefit or
promise shall, unless the contrary is proved, be deemed to have been received corruptly on account of
such a past or future act, omission, favour or disfavour as is mentioned in subsection (1) (i) or (ii) of this
section.
(3) In any proceedings for an offence under this section to which subsection (1) (ii) of this
section is relevant it shall not be a defence to show that the accused‐
(a) did not subsequently do, make or show the act, omission, favour or disfavour in
question; or
(b) never intended to do, make or show it.
(4) Without prejudice to subsection (3) of this section, where a police officer or other public
official whose official duties include the prosecution, detention or punishment of offenders, is charged
with an offence under this section of this Code in connection with‐
(a) the arrest, detention or prosecution of any person for an alleged offence; or
(b) an omission to arrest, detain or prosecute any person for an alleged offence; or
(c) the investigation of an alleged offence,
it shall not be necessary to prove that the accused believed that the offence mentioned in paragraph (a),
(b) or (c) of subsection (4) of this section, or any other offence, had been committed.

Section 98A of the Nigerian Criminal Code Act

Official corruption: person giving bribes, etc., on account of actions of public official

(1) Any person who‐
[1966 No. 84.]
(a) corruptly gives, confers or procures any property or benefit of any kind to, on or for a
public official (as defined in section 98D) or to, on or for any other person; or
(b) corruptly promises or offers to give or confer or to procure or attempt to procure any
property or benefit of any kind to, on or for a public official or to, on or for any other
person,
on account of any such act, omission, favour or disfavour on the part of the public official as is
mentioned in section 98 (1) (i) or (ii) of this Code, is guilty of the felony of official corruption and is liable
to imprisonment for seven years.

(2) If in any proceedings for an offence under this section of this Code it is proved that any
property or benefit of any kind, or any promise thereof, was given to a public official, or to some other
person at the instance of a public official, by a person‐
(a) holding, or seeking to obtain, a contract, licence or permit from a government
department, public body or other organisation or institution in which that public official
is serving as such; or
(b) concerned, or likely to be concerned, in any proceeding or business transacted, pending
or likely to be transacted before or by that public official or a government department,
public body or other organisation or institution in which that public official is serving as
such,
or by or from any person acting on behalf of or related to such a person, the property, benefit, or
promise shall, unless the contrary is proved, be deemed to have been given corruptly on account of such
a past or future act, omission, favour or disfavour as is mentioned in section 98 (1) (i) or (ii) of this Code.

Section 98B of the Nigerian Criminal Code Act

Official corruption: person inviting bribes, etc., on account of actions of public official

(1) Any person who‐
[1966 No. 84.]
(a) corruptly asks for, receives or obtains any property or benefit of any kind for himself or
any other person; or
(b) corruptly agrees or attempts to receive or obtain any property or benefit of any kind for
himself or any other person,
on account of‐
(i) anything already done or omitted, or any favour or disfavour already shown to any
person, by a public official (as defined in section 98D of this Code) in the discharge of his
official duties or in relation to any matter connected with the functions, affairs or business
of a government department, public body or other organisation or institution in which the
public official is serving as such; or
(ii) anything to be afterwards done or omitted, or any favour or disfavour to be afterwards
shown to any person, by a public official in the discharge of his official duties or in relation
to any such matter as aforesaid,
is guilty of the felony of official corruption and is liable to imprisonment for seven years.
(2) In any proceedings for an offence under this section of this Code it shall not be necessary to
prove‐
(a) that any public official counselled the commission of the offence; or
(b) that in the course of committing the offence the accused mentioned any particular
public official; or
(c) that (in a case to which subsection (1) (ii) of this section is relevant) the accused
believed
that any public official would do, make or show the act, omission, favour or disfavour in
question; or
(d) that the accused intended to give the property or benefit in question, or any part
thereof, to a public official.

Section 98C of the Nigerian Criminal Code Act

Restrictions on arrest and prosecution of judicial officers for offences under sections 98 to 98B

(1) A judicial officer cannot be arrested without warrant for an offence under section 98, 98A or
98B of this Code.
[1966 No. 84.]
(2) No proceedings for an offence under section 98, 98A or 98B of this Code shall be instituted
against a judicial officer except on a complaint or information signed by or on behalf of the Attorney‐
General of the Federation or by or on behalf of the Attorney‐General of the State in which the offence is
alleged to have been committed.
(3) In this section, “judicial officer” means, in addition to the officers mentioned in the
definition
of that expression contained in section 1 (i) of this Code‐
(a) a member of a customary court;
(b) a member of a juvenile court;
(c) an arbitrator, umpire or referee;
(d) a person called upon to serve as an assessor in any civil or criminal proceedings;
(e) a member of a jury;
(f) a member of a tribunal of inquiry constituted under the Tribunals of Inquiry Act; and
[Cap. T21.]
(g) any person before whom, under any law in force in Nigeria or any part thereof, there
may be held proceedings in which evidence may be taken on oath.
[1966 No. 84.]

Section 98D of the Nigerian Criminal Code Act

Meaning of “public official” in sections 98 to 98B

In sections 98 to 98B of this Code, “public official” means any person employed in the public service
(within the meaning of that expression as defined in section 1 (i) or any judicial officer within the
meaning of section 98C of this Code.

Section 99 of the Nigerian Criminal Code Act

Extortion by public officers

Any person who, being employed in the public service, takes, or accepts from any person, for the
performance of his duty as such officer, any reward beyond his proper pay and emoluments, or any
promise of such reward, is guilty of a felony and is liable to imprisonment for three years.

Section 100 of the Nigerian Criminal Code Act

(Deleted by 1966 No. 84).

Section 101 of the Nigerian Criminal Code Act

Public officers interested in contracts

Any person who, being employed in the public service, knowingly acquires or holds, directly or
indirectly, otherwise than as a member of a registered joint stock company consisting of more than
twenty persons, a private interest in any contract or agreement which is made on account of the public
service with respect to any matter concerning the department of the service in which he is employed, is
guilty of a felony and is liable to imprisonment for three years and to be fined at the discretion of the
court.
The offender cannot be arrested without warrant.

Section 102 of the Nigerian Criminal Code Act

Officers charged with administration of property of a special character or with special duties

Any person who, being employed in the public service, and being charged by virtue of his employment
with any judicial or administrative duties respecting property of a special character, or respecting the
carrying on of any manufacture, trade, or business of a special character, and having acquired or
holding, directly or indirectly, a private interest in any such property, manufacture, trade, or business,
discharges any such duties with respect to the property, manufacture, trade or business in which he has
such interest, or with respect to the conduct of any person in relation thereto, is guilty of a
misdemeanor and is liable to imprisonment for one year.

Section 103 of the Nigerian Criminal Code Act

False claims by officials

Any person who, being employed in the public service in such a capacity as to require him or to enable
him to furnish returns or statements touching any sum payable or claimed to be payable to himself or to
any other person, or touching any other matter required to be certified for the purpose of any payment
of money or delivery of goods to be made to any person, makes a return or statement touching any such
matter which is, to his knowledge, false in any material particular, is guilty of a felony and is liable to
imprisonment for three years.

Section 104 of the Nigerian Criminal Code Act

Abuse of office

Any person who, being employed in the public service, does or directs to be done in abuse of the
authority of his office, any arbitrary act prejudicial to the rights of another, is guilty of a misdemeanour
and is liable to imprisonment for two years.
If the act is done or directed to be done for purposes of gain he is guilty of a felony, and is liable to
imprisonment for three years.
The offender cannot be arrested without warrant.
A prosecution for any offence under this or any of the last three preceding sections shall not be
instituted except by or with the consent of a law officer.

Section 105 of the Nigerian Criminal Code Act

False certificates by public officers

Any person who, being authorised or required by law to give any certificate touching any matter by
virtue whereof the rights of any person may be prejudicially affected, gives a certificate which is, to his
knowledge, false in any material particular, is guilty of a felony and is liable to imprisonment for three
years.

Section 106 of the Nigerian Criminal Code Act

Administering extra‐judicial oaths

Any person who administers an oath or takes a solemn declaration or affirmation or affidavit touching
any matter with respect to which he has not by law any authority to do so, is guilty of a misdemeanour
and is liable to imprisonment for one year. This section does not apply to an oath, declaration,
affirmation, or affidavit, administered or taken before a peace officer in any matter relating to the
preservation of the peace or the punishment of offences, or relating to inquiries respecting sudden
death; nor to an oath, declaration, affirmation, or affidavit, administered or taken for some purpose
which is lawful under the laws of another country, or for the purpose of giving validity to an instrument
in writing which is intended to be used in another country.

Section 107 of the Nigerian Criminal Code Act

False assumption of authority

Any person who‐
(a) not being a judicial officer, assumes to act as a judicial officer; or
(b) without authority assumes to act as a person having authority by law to administer an oath or take a
solemn declaration or affirmation or affidavit, or to do any other act of a public nature which can only
be done by persons authorised by law to do so; or
(c) represents himself to be a person authorised by law to sign a document testifying to the contents of
any register or record kept by lawful authority, or testifying to any fact or event, and signs such
document as being so authorised, when he is not, and knows that he is not, in fact, so authorised,
is guilty of a felony and is liable to imprisonment for three years.
The offender cannot be arrested without warrant.

Section 108 of the Nigerian Criminal Code Act

Personating public officers

Any person who‐
(1) personates any person employed in the public service on an occasion when the latter is required to
do any act or attend in any place by virtue of his employment; or
(2) falsely represents himself to be a person employed in the public service, and assumes to do any act
or to attend in any place for the purpose of doing any act by virtue of such employment,
is guilty of a felony and is liable to imprisonment for three years.

Section 109 of the Nigerian Criminal Code Act

Personating members of armed forces or police

Any person who, not being a person serving in the armed forces of Nigeria nor a member of the police
forces and with intent that he may be taken to be such a person or member as aforesaid‐
[L.N. 112 of 1964.]
(a) wears any part of the uniform of; or
(b) wears any garb resembling any part of the uniform of, a person serving in the armed forces of
Nigeria, or a member of the police forces, is guilty of a misdemeanour and is liable to imprisonment for
one year.

Section 110 of the Nigerian Criminal Code Act

Unlawfully wearing the uniform of the armed forces

Any person who‐
[L.N. 112 of 1964. 1967 No. 27.]
(1) not being a person serving in any of the armed forces of Nigeria, wears the uniform or any part of the
uniform of such forces, or any dress having the appearance or bearing any of the regimental or other
distinctive marks of such uniforms; or
(2) not being a person holding any office or authority under the Government of Nigeria or of any part
thereof, wears any uniform or distinctive badge or mark or carries any token calculated to convey the
impression that such person holds any office or authority under the government,
is guilty of an offence and is liable to imprisonment for one month or to a fine of ten naira, unless he
proves that he had the permission of the President or of the Governor of a State to wear such uniform
or dress, badge or mark or to carry such token:
Provided that this section of this Code shall not apply to the wearing of any uniform or dress in the
course of a stage play or in any bona fide public entertainment.

Section 111 of the Nigerian Criminal Code Act

Selling, etc., uniform, etc., to unauthorised persons

Any person who sells or gives any uniform, or part of a uniform, or any dress, badge or mark, as in
section 110 of this Code to any person who is not authorised to wear the same, is guilty of an offence
and is liable to the penalties prescribed in the said section.

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

Leave a Comment

Your email address will not be published.

Back to top arrow