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A PROCLAMATION

Enacted by the High Commissioner of Northern Nigeria.

A PROCLAMATION to Establish a Code of Criminal Law.

WHEREAS it is desirable to Declare, Consolidate, and Amend the Criminal Law :

BE IT ENACTED by the High Commissioner of Northern Nigeria as follows:

1. This Proclamation may be cited as “The Criminal Code Short Title. Proclamation, 1904."

2. On and from the day to be fixed for the coming into operation of this Proclamation, as hereinafter provided, the provisions contained in the Code of Criminal Law set forth in the First EstablishSchedule to this Proclamation, and hereinafter called “the Code," ment of Code. shall be the law of the Protectorate with respect to the several matters therein dealt with. The said Code may be cited as “ The Short Title of Criminal Code.'

Code,

3. On and from the coming into operation of the Code the several Proclamations mentioned in the second Schedule to this Proclamation shall be repealed to the extent in the said Schedule indicated.

Construction 4. From and after the coming into operation of the Code, the of Orders in following rules shall, unless the context otherwise indicates, apply Council,

with respect to the construction of Orders in Council, ProclamaProclamations, Rules, tions, Rules, Regulations, and other instruments, that is to Regulations, say : and other instruments,

(1.) When in any Order in Council, Proclamation, Rule,

Regulation, or other instrument, public or private, the term “ felony” is used, or reference is made to an offence by the name of felony, it shall be taken that reference is intended to an offence which is a felony

under the provisions of the Code : (2.) When in any Order in Council, Proclamation, Rule,

Regulation, or other instrument, public or private, the term “larceny” is used, it shall be taken that reference is intended to the offence of stealing :

(3.) When in any Order in Council, Proclamation, Rule, Regu

lation, or other instrument, public or private, reference is made to any offence by any specific name, it shall be intended that reference is intended to the offence which, under the provisions of the Code, is constituted by the act or omission that would heretofore have constituted the offence referred to:

(4.) When in any Order in Council, Proclamation, Rule,

Regulation, or other instrument, public or private, reference is made to any of the provisions hereby repealed, it shall be taken that reference is intended to the corresponding provisions or substituted provisions of the Code.

Provisions of

5. From and after the coming into operation of this Code no Code exclusive person shall be liable to be tried or punished in any Court in the with certain

Protectorate, other than a Native Court, for an offence except exceptions.

under the express provisions of the Code, or some other Proclamation, or of some Order in Council made by His Majesty for the Protectorate, or under the express provisions of some Statute of the Imperial Parliament which is in force in, or forms part of the law of, the Protectorate.

Civil remedies.

Saving

6. When by the Code any act is declared to be lawful, no action can be brought in respect thereof.

Except as aforesaid, the provisions of this Proclamation shall not affect any right of action which any person would have had against another if this Proclamation had not been passed; nor shall the omission from the Code of any penal provision in respect of any act or omission which before the time of the coming into operation of the Code constituted an actionable wrong affect any right of action in respect thereof.

7. When an offender is punishable under the provisions of the Offender may Code, and also under the provisions of some other Proclamation, be prosecuted or some Order in Council or Statute, he may be prosecuted and

or Order in convicted under the provisions either of the Code or of such other Council, Proclamation, or Order in Council or Statute; so that he is not

Proclamation, twice punished for the same offence.

or Statute.

8. Nothing in this Proclamation or in the Code shall affect the Contempt of authority of Courts of Record to punish a person summarily for Court. the offence commonly known as Contempt of Court”; but so that a person cannot be so punished and also punished under the provisions of the Code for the same act or omission.

9. (1.) Where a person is charged :

Evidence by

husband or ((.) With an offence under any of the Enactments contained in wife.

Sections 192, 193, 194, 196, 197, 198, 199, 200, 201, 206, When
210, 269, 270, 309, 310, 325, 326, 327, 328, 329, and 330 compellable.

of this Code; or
(6.) Subject to the provisions of Section 34 of this Code, with

an offence against the property of his or her wife or

husband ; or (c.) With inflicting violence on his or her wife or husband; the wife or husband of the person charged may be called as a witness for the prosecution or defence without the consent of the person charged (2.) When a person is charged with an offence other than one When

competent at of those mentioned in the preceding sub-section, the husband or instance of wife of such person, respectively, is a competent witness, but only person upon the application of the person charged.

charged. (3.) Nothing contained in the two preceding sub-sections shall Communicacompel a person who is or has been married to disclose any communication made to him or her during marriage by any person to marriage.

during

. whom he or she is or has been married ; nor shall he or she be permitted to disclose any such communication unless the person who makes it consents, except in proceedings in which one married person is prosecuted for any offence against the other. .

9a. Notwithstanding anything to the contrary contained in the Proclaination Authentication and Interpretation Proclamation, 1900, it shall be may be lawful to set up and print this Proclamation in England, and printed in

England copies thereof so set up and printed may in all respects be dealt with, and shall in all respects be as valid and of as full effect, as if they had been set up and printed in the manner provided in Section 2 of the said Authentication and Interpretation Proclamation, 1900.

9b. It shall be a sufficient compliance with the provisions of Sec- Authentication 3 of the Authentication and Interpretation Proclamation, 1900, tion of copies as to the authentication of copies of Proclamations, if the Chief Justice shall examine three printed copies of this Proclamation struck off

tions made

Justice.

as provided in the preceding section with the manuscript thereof approved by the High Commissioner, and certify the same to be true and correct copies and attest the same by his signature.

9c. The said three printed copies shall be dealt with in the manner provided in Section 4 of the Authentication and Interpretation Proclamation, 1900.

Authenticated copies now dealt with.

Proclamation 9d. Notwithstanding anything to the contrary contained in need not be

Section 6 of the Authentication and Interpretation Proclamation, published in Gazette.

1900, it shall not be necessary to publish this Proclamation in the Gazette, but the publication of the date of the coming into operation of this Proclamation as hereinafter provided shall in all respects be deemed to be a full and sufficient compliance with the

provisions of the said section. Printing of 10. Whenever any amendment is made in the Code, all copies amendments. thereof printed by the Government printer after the amendment

shall be so printed as to set forth the actual provisions of the Code after omitting all repealed provisions or words, and embodying all

newly enacted or substituted provisions or words. Commence 11. This Proclamation shall come into operation on a day to be

fixed by the High Commissioner by Government Notice. Proclamation. Given under my hand and the seal of the Protectorate this

in the year of our Lord one thousand Line hundred and four.

ment of

day of

This printed impression has been carefully compared by me with the Proclamation which has been approved by the High Commissioner, and found by me to be a true and correct printed copy of the said Proclamation.

Chief Justice.

THE FIRST SCHEDULE.

THE CRIMINAL CODE OF THE PROTECTORATE.

PART 1.-INTRODUCTORY.
INTERPRETATION: APPLICATION : GENERAL PRINCIPLES.

CHAPTER 1.- Interpretation.
Sect.

1. Construction of terms.
2. Definition of offence.
3. Division of offences.
4. Attempts to commit offences.
5. Arrest without warrant.
6. Carnal knowledge.

CHAPTER II. -Parties to Offences. 7. Principal offenders. 8. Offences committed in prosecution of common purpose. 9. Mode of execution immaterial. 10. Accessories after the fact.

CHAPTER III.-Application of Criminal Law. 11. Effect of changes in Law. 12. Application of Code as to offences wholly or partially committed in the

Protectorate. 13. Offences procured or counselled by persons out of the Protectorate. 14 Offences procured in the Protectorate to be committed out of the Pro

tectorate. 15. Military Forces and Police Force. 16. Person not to be twice punished for same offence.

CHAPTER IV.-Punishments.

17. Kinds of punishment. 18. Punishment of death. 18A, Construction of provisions of Code as to punishments other than

death. 19. Calculation of term of sentence: Cumulative sentences : Escaped

prisoners. 20. Prerogative 204 Application of Rules.

CHAPTER V.-Criminal Responsibility. 21. Ignorance of law : Bonå fide claim of right. 22. Intention : Motive. 23. Mistake of fact. 24. Extraordinary emergencies. 25. Presumpton of sanity. 26. Insanity. 27. Intoxication. 28. Immature age. 29. Judicial officers.

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