Criminal Procedure (Northern States) Act

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Arrangement of Sections

1. Short title This Act may be cited as the Criminal Procedure (Northern States) Act.

2. Interpretation

3. Provision for courts in respect of Federal offences

4. Jurisdiction of specified courts

5. Powers of arrest in respect of Federal offences, and method of process

6. Modifications to Northern States Criminal Procedure Code Law

7. Preservation of certain matters in Criminal Procedure Act

An Act to make new provisions for the jurisdiction, powers, practice and procedure of the courts of the Northern State of Nigeria in respect of Federal offences, to continue certain inter-State arrangements provided for in the Criminal Proce- dure Act and for purposes ancillary to the matters aforesaid.

[1960 No. 20.]

[30th September, 1960]

[Commencement. ]

1. Short title This Act may be cited as the Criminal Procedure (Northern States) Act.

Interpretation

2. Interpretation In this Act unless the context otherwise requires-

"Federal offence" means an offence contrary to the provisions of a Federal Act, and a reference to a Federal offence committed in any of the Northern States shall include an offence committed in such circumstances that the provisions of the Schedule to the Penal Code (Northern States) Federal Provisions Act, apply by reason of section 4 of that Act;

[Cap. P3.]

"Federal Act" means an Act enacted by the National Assembly or taking effect as if it had been so enacted;

C42-l [Issue II

Criminal Procedure (Northern States) Act

"Northern States" means the States of Nigeria constituting the area formerly known as Northern Region of Nigeria.

3. Provision for courts in respect of Federal offences

(I) Subject to the provisions of this Act and of the Penal Code (Northern States) Fed- eral Provisions Act, the courts of the Northern States shall in respect of Federal offences committed in any of the Northern States have the like jurisdiction and powers, and shall follow the like practice and procedure, as they respectively have and follow in respect of offences other than Federal offences.

[Cap. P3.]

(2) Section 37 of the Interpretation Act is repealed in its application to the Northern States.

[Cap. 123.]

4. Jurisdiction of specified courts

(I) An offence contrary to the provisions of the Penal Code (Northern States) Federal Provisions Act, may be tried by the court specified in the sixth column of the Appendix to this Act in respect of that offence or by any court with greater powers.

[Cap. P3.]

(2) An abatement, attempt or conspiracy to commit a Federal offence may be tried by a court having jurisdiction to try such Federal offence or by any court with greater pow- ers.

(3) An offence which is contrary to the provisions of a Federal Act other than the Pe- nal Code (Northern States) Federal Provisions Act, may be tried by any court specified as having jurisdiction in the Act creating the offence or by any court with greater powers, and where no court is specified as having jurisdiction, the offence may be tried by the High Court or any court constituted under the Criminal Procedure Code Law, 1960, of the Northern States, subject to the same limitations that are prescribed by the proviso to subsection (2) of section 13 of that Law and by sections 15 to 25 of that Law.

5. Powers of arrest in respect of Federal offences, and method of process

(I) The powers of arrest provided for in Part III of the Schedule to the Criminal Pro- cedure Code Law, 1960, of the Northern States, shall be applicable in respect of Federal offences as they apply in respect of offences other than Federal offences, and references in section 26 of the Schedule to that Law to the third column of Appendix A to the Law, shall be construed as reference to the third column of the Appendix to this Act.

(2) Process to compel the attendance of the accused person shall ordinarily be a summons or a warrant according as in the opinion of the court, a summons or a warrant according to the fourth column of the Appendix hereto issued in the first instance.

6. Modifications to Northern States Criminal Procedure Code Law

In its application to the jurisdiction, powers, practice and procedure of the courts of the Northern States in relation to Federal offences, the Criminal Procedure Code Law, 1960, of the Northern States, shall be read and construed as though references to the Di- rector of Public Prosecutions of the relevant Northern States were references to the

[Issue I] C42 - 2

Criminal Procedure (Northern States) Act

Attorney-General of the Federation, but shall include the Director of Public Prosecutions of the relevant Northern States to the extent that powers vested in the Attorney-General of the Federation have been delegated to such Director.

7. Preservation of certain matters in Criminal Procedure Act

Notwithstanding the repeal of the Criminal Procedure Act by the Criminal Procedure Law, 1960, of the Northern States in respect of matters not preserved by this section-

(a) sections 402 to 412 of that Act (relating to deportation) shall continue to apply in respect of deportation into any of the Northern States from a place outside such State and from any of the Northern States to a place outside any such States; and

(b) sections 477 to 486 of that Act (relating to service and executions of process throughout Nigeria) shall continue to apply in and in relation to the Northern States.

C42-3 [Issue I]

'"oC/-: (j

~" >:-0 o

APPENDIX hi

[Sections 4 and 5.] "-

Tabular statement of offences

Explanatory Notes. - 1. The entries in the second and fifth columns of this Appendix, headed respectively "Offences" and "Punish-

ment under the Penal Code," are not intended as definitions of the offences and punishment described in the several corresponding sections of .(..,j

the Penal Code or even as abstracts of those sections, but merely as references to the subject of the section, the number of which is given in '.

the first column.

2. By virtue of section 4 of the Criminal Code (Northern States) Act, any offence may be tried by any court mentioned in column 6. ES:'.

"tl

CHAPTERXXVI Cl '.<'"l .o.,. Offences against the State

N ~ 1 2 3 4 5 6 ..I,. ~S.

Section Offence Whether the police Whether a warrant or Punishment under the Court with least pow- may arrest without a summons shall Penal Code ers bv which triable <'II (but see Explanatory warrant or not ordinarily issue in the Note (2) at head of 3 first instance Appendix) V:l

is" ~ ''-" ' 411 Treason Shall not arrest with- Warrant Death High Court ...).. out warrant <'"l

Attempting or abetting Ditto Ditto Imprisonment for life Ditto the same or fine or both

412 Treasonable crimes Ditto Ditto Imprisonment for life Ditto

and fine

413 Incitement to mutiny Ditto Ditto Ditto Ditto

ApPENDIx-continued CHAPTERXXVI-continued

1 2 3 4 5 6

Section Offence Whether the police Whether a warrant or Punishment under the Court with least pow- 414 may arrest without a summons shall Penal Code ers by which triable (but see Explanatory warrant or not ordinarily issue in the Note (2) at head of Q first instance Appendix) '"

Causing disaffection in Ditto Ditto Imprisonment for three Ditto S" ~ forces, police or years or fine of

amongst prison offi- N600 or both "'0 cers Cr,i

o+:0- 415 Assisting or allowing Ditto Ditto ~ escape of prisoners ~ N of war- I ~

(a) if offender inten- Imprisonment for life Ditto ~

tionally aids escape and fine 3'"

(b) if offender negli- Imprisonment for two Ditto ~ gently or unlaw- years or fine or both fully permits ;;; escape '-'"-'

.)r.,.'

CHAPTERXXVII

Sedition

416 Inciting disaffection to Shall not arrest with- Warrant Imprisonment for High Court

the Government out warrant seven years or fine

or both n > ~ 417 Exciting hatred be- Ditto Ditto Imprisonment for three Magistrate of the First ~ tween classes c'":: years or fine or both Grade o~ :":: N

'c'"": n :>= (t ApPENDix-continued

CHAPTER XXVII-continued o .::

N "'"

I 2 3 4 5 6

Section Offence Whether the police Whether a warrant or Punishment under the Court with least may arrest without a summons shall Penal Code powers by which triable (but see Ex- Q warrant or not ordinarilv issue in the planatory Note (2) at first -instance head of Appendix) '-

418 Publication of false Shall not arrest with- Warrant Imprisonment for three Magistrate of the First 5- news with intent to out warrant years or fine or both Grade ~ cause offence Ditto ~ against the public Warrant ~c:; peace ''"- o +:> ~ 419 Possession of seditious Ditto Imprisonment for two Ditto N article years or fine or both %s.

421 Importation of prohib- Shall not arrest with- Imprisonment for three Magistrate of the First 's" years or fine or both Grade ited publications out warrant

422 Unlawful drilling Ditto Ditto Imprisonment for Ditto Vl IS' ~ seven years or fine ~

or both ::::.

CHAPTER XXVIII ~...'

Customs offences

423 Smuggling or rescuing May arrest without Summons Imprisonment for Magistrate of the First

goods under arms warrant seven years or fine Grade

or both

424 Smuggling under arms Ditto Ditto Ditto Ditto

or in disguise

ApPENDlX-continued

CHAPTER XXVlli-continued

I 2 3 4 5 6

Section Offence Whether the police Whether a warrant or Punishment under the Court with least pow- may arrest without a summons shall Penal Code ers by which triable (but see Explanatory Q warrant or not ordinarily issue in the Note (2) at head of first instance '" Appendix)

425 Assembling for the Ditto Ditto Imprisonment for six Ditto S" ~ purpose of smug- months or fine of ~

gling H200 ,'(.3., .

('J.. CHAPTER XXIX

~ N Offences relating to copyright

-.I..l 426 Making or dealing in Shall not arrest with- Warrant Imprisonment for two Magistrate of the First ~ copies of copyright out warrant work months or fine of Grade ~ HIOO or both '~"

427 Being in possession of Shall not arrest with- Warrant Imprisonment for two Magistrate of the First ;~: plate for making out warrant months or fine of Grade ','~.-."...,'' copies: giving HIOO or both unauthorised per-

formances of copy-

right work

CHAPTER XXX ~ 429 Offences relating to Offences relating to ships and wharves Fine ofH1O Magistrate of the Third ~ ~ ships :-= t;;' Shall not arrest with- Warrant Grade out warrant

c'" 'oN'' "

V> ApPENDiX-continued n C/O CHAPTERXXX-continued >:-=

n .&;;. 1 3 4 5 6 N

Section Offence Whether the police Whether a warrant or Punishment under the Court with least 429-continued may arrest without a summons shall Penal Code powers by which triable (but see Ex- warrant or not ordinarily issue in the planatory Note (2) at first "instance head of Appendix)

.\.'.)'

If offender after com- Ditto Ditto Fine ofN40 Ditto '"

mitting such offence S" ~ refuses to give name ~

and address Cl

430 Entering ship or wharf Ditto Ditto Imprisonment for one Ditto

~o without ticket month or fine or ~ ~ N both

I 431 Interfering with navi- Shall not arrest with- Warrant Imprisonment for Magistrate of the First ~

00 ::t

gation works out warrant seven years or fine Grade ;::-

or both ':":l

CHAPTERXXXI ~ is" ~ Offences relating to coin and notes '."'~-"..''

433 Counterfeiting coin or Shall not arrest with- Warrant Imprisonment for life Chief Magistrate and fine notes out warrant

434 Making or selling Ditto Ditto Ditto Ditto

instrument for

counterfeiting coin

or notes

435 Possession of instru- Ditto Ditto Imprisonment for Ditto

ment or material for fourteen years or

counterfeiting fine or both

ApPENDIX--continued CHAPTERXXXI---continued

I 2 3 4 5 6

Section Offence Whether the police Whether a warrant or Punishment under the Court with least may arrest without a summons shall Penal Code powers by which triable (but see Ex- warrant or not ordinarily issue in the planatory Note (2) at first instance head of Appendix) Q '" 436 Import or export of Shall not arrest with- Warrant Imprisonment for Chief Magistrate S::". counterfeit coin or out warrant fourteen years and

notes fine ~

437 Fraudulently dimin- Ditto Ditto Imprisonment for ten Ditto ,2..l,

Q ishing weight or years and fine ~'"

altering composition ~

N of coin

I ~s.

\0 438 Delivery of coin or Ditto Ditto Imprisonment for Ditto

note possessed with seven years and fine s'" knowledge that it is

counterfeit ~

439 Possession of coin or Ditto Ditto Ditto Ditto ~ ''-" ' note by person who ,~....,' knew it to be coun-

terfeit when he be-

came possessed

thereof

CHAPTERXXXII

Offences relating to revenue stamps o >:-= ~ 441 Counterfeiting revenue Shall not arrest with- Warrant Imprisonment for Chief Magistrate

'c": stamp out warrant seven years and fine o.&;0. =<> N

::;;- o;..

'rc"o: ApPENDIX-continued ~

CHAPTER XXXIl-continued ,j;;o.

I 2 3 4 5 6

Section Offence Whether the police Whether a warrant or Punishment under the Court with least may arrest without a summons shall Penal Code powers by which triable (but see Ex- (....j warrant or not ordinarilv issue in the planatory Note (2) at '" first "instance head of Appendix)

442 Having possession of Ditto Ditto Imprisonment for Ditto S" ~ instrument or mate- fourteen years and ~

rial for counterfeit- fine '~2l . ing re-venue stamp

Q 443 Making or selling Shall not arrest with- Warrant Imprisonment for Chief Magistrate ~ instrument for out warrant IV counterfeiting reve- fourteen years and nue stamp fine I %s.

444 Import, export, use or Ditto Ditto Imprisonment for Ditto '3"

sale of counterfeit seven years or fine ~ ~ revenue stamps or both

445 Having possession of Ditto Ditto Ditto Ditto ''-"'

counterfeit revenue .~~.'

stamp

446 Effacing writing from Ditto Ditto Imprisonment for three Magistrate of the First

substances bearing years or fine or both Grade

revenue stamp. or

removing from

document a stamp

used for it, with in-

tent to cause loss

ApPENDIX-continued

CHAPTER XXXIl-continued

1 2 3 4 5 6

Section Offence Whether the police Whether a warrant or Punishment under the Court with least 447 may arrest without a summons shall Penal Code powers by which triable (but see Ex- s2 warrant or not ordinarily issue in the planatory Note (2) at first instance head of Appendix)

Using revenue stamp Ditto Ditto Imprisonment for two Ditto [

known to have been years or fine or both "'e used before ;:s

<"\

Q 448 Erasure of mark de- Ditto Ditto Imprisonment for three Ditto ~ noting that revenue CHAPTER XXXIII years or fine or both ~ IV stamp has been used ~s. --I ';":; Offences relating to weights and measures

449 Fraudulent use of false Shall not arrest with- Warrant Imprisonment for one Magistrate of the -s~~--

instrument for out warrant year or fine or both Second Grade

weighing

450 Fraudulent use of false Ditto Ditto Ditto Ditto Q

weight or measure

451 Being in possession of Shall not arrest with- Warrant Imprisonment for one Magistrate of the

452 false weight or out warrant year or fine or both Second Grade v; 'c" measure

('> n Making or selling false Ditto Ditto Ditto Ditto > -= weight or measure :-=

"N .

~ o :~-e c: ApPENDIx-continued

(t n

.:: .&;;.

CHAPTERXXXIII-continued

I 2 3 4 5 6

CHAPTERXXXIV S' ~

Offences relating to posts and telegraphs "tl

~ <"")

454 Paper and dyes for Shall not arrest with- Warrant Imprisonment for one Magistrate of the Third "~" postage stamps out warrant year or fine of WlOO Grade ~ Q or both tv

I ~

tv 455 Paper for postal pur- Ditto Ditto Imprisonment for two Ditto

poses years or fine or both ~

456 Stopping mails Ditto Ditto Imprisonment for life Chief Magistrate ~""

or fine or both ~

457 Intercepting telegrams Ditto Ditto Imprisonment for Magistrate of the First ~

or postal matter seven years or fine Grade ..'~ or both <"")

If postal matter con- Ditto Ditto Imprisonment for life Chief Magistrate tains money, etc. or fine

458 Misdelivery of postal Ditto Ditto Imprisonment for three Magistrate of Third

matter years or fine or both Grade

459 Retarding delivery of Ditto Ditto Imprisonment for one Ditto

postal matter year or fine or both

ApPENDIX-continued

CHAPTER XXXIV -continued

1 2 3 4 5 6

Section Offence Whether the police Whether a warrant or Punishment under the Court with least 460 Fraudulent removing may arrest without a summons shall Penal Code powers by which 461 triable (but see Ex- warrant or not ordinarily issue in the planatory Note (2) at first instance head of Appendix) Ditto Ditto Ditto Ditto Q'.

stamps S' 12.

Fraudulent evasion of Ditto Ditto Fine ofNlOO Ditto ~

postal law ,C.3.,

Q 462 Unlawful franking of Ditto Ditto Imprisonment for one Ditto ~ letters Ditto year or fine or both Ditto ~ -N 463 Sending dangerous or Ditto Ditto ~ I obscene things by ~ Vol

post ';:";1

464 Illegally setting up of Ditto Ditto Fine ofNIO Ditto ~s

post office

465 Damaging post office, Ditto Ditto Fine ofNlOO Ditto -',-:..t",.

etc.

466 Placing injurious Ditto Ditto Fine ofN40 Ditto

substances in or

against a letter box

467 Interference with Shall not arrest with- Warrant Imprisonment for three Magistrate of the Third :n>-= telegraphs out warrant Ditto years or fine or both Grade

~ Negligently injuring Ditto Fine ofN4 (;;' 468 telegraphs Ditto nN ''' cII>:

.'""':"": r:l :>-=

CHAPTER XXXV

Offences relating to railway and aircraft o N "'"

1 2 3 4 5 6

Section Offence Whether the police Whether a warrant or Punishment under the Court with least may arrest without a summons shall Penal Code powers by which triable (but see Ex- 'Q. warrant or not ordinarily issue in the planatory Note (2) at fi rst instance head of Appendix)

469 Intentionallyendan- May arrest without Summons Imprisonment for life Magistrate of the Fist S::'.

gering safety of per- warrant and fine Grade '"tl sons travelling by railway Cl

(J 470 ~ .j:. Obstructing and in- Ditto Ditto Ditto Ditto ~ juring railways Summons N May arrest without Damage to railways warrant '.I...' works ~S- .j:. 471 Imprisonment for three Magistrate of the Third

months or fine of Grade 3'" W40 or both

472 Obstructing aircraft Ditto Ditto Imprisonment for two Ditto ~ ~ years or fine or both '".'~-"..'' 473 Trespass on aerodrome Ditto Ditto Imprisonment for three Ditto

months or fine or

both

CHAPTER XXXVI

Offences relating to mines and minerals

474 Fraudulently dealing Shall not arrest with- Warrant Imprisonment for three Magistrate of the First

with minerals in out warrant years or fine or both Grade

mines

ApPENDIX-continued

CHAPTER XXXVI--continued Q

I 2 3 4 5 6 S'

Court with least ~ powers by which

Section Offence Whether the police Whether a warrant or Punishment under the triable (but see Ex- "'0 may arrest without a summons shall Penal Code planatory Note (2) at head of Appendix) ;:; Q warrant or not ordinarily issue in the first instance <"l tv ~ ~

-I 475 Attempts to injure Ditto Ditto Imprisonment for Ditto ~s. mines VI seven years or fine

or both 3'"

CHAPTER XXXVII ~

Deportation and passports ~ -''-" ' 477 False statements in Shall not arrest with- Warrant Imprisonment for one Magistrate of the Third application for out warrant ). year or fine or both Grade <"l passports

(":J > :-= fi;" c'" ~(":J ."= N

Criminal Procedure (Northern States) Act

CHAPTERC42 CRIMINAL PROCEDURE (NORTHERN STATES) ACT

SUBSIDIARY LEGISLATION

No Subsidiary Legislation

[Issue I] C42 - 16