CHAPTERC42 CRIMINAL PROCEDURE (NORTHERN STATES) ACT ARRANGEMENT OF SECTIONS CHAPTERC42 CRIMINAL PROCEDURE (NORTHERN STATES) ACT

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1 Criminal Prcedure (rthern States) Act CAP. C42 C42 CRMAL PROCEDURE (ORTHER STATES) ACT ARRAGEMET OF SECTOS SECTO. Shrt title. 2. nterpretatin. 3. Prvisin fr curts in respect f Federal ffences. 4. Jurisdictin f specified curts. 5. Pwers f arrest in respect f Federal ffences, and methd f prcess. 6. Mdificatins t rthern States Criminal Prcedure Cde Law. 7. Preservatin f certain matters in Criminal Prcedure Act. APPEDX C42 CRMAL PROCEDURE (ORTHER STATES) ACT An Act t make new prvisins fr the jurisdictin, pwers, practice and prcedure f the curts f the rthern State f igeria in respect f Federal ffences, t cntinue certain inter-state arrangements prvided fr in the Criminal Prcedure Act and fr purpses ancillary t the matters afresaid. [ ] 1. Shrt title [Cmmencement. ] This Act may be cited as the Criminal Prcedure (rthern [30th September, 1960] States) Act. 2. nterpretatin n this Act unless the cntext therwise requires- "Federal ffence" means an ffence cntrary t the prvisins f a Federal Act, and a reference t a Federal ffence cmmitted in any f the rthern States shall include an ffence cmmitted in such circumstances that the prvisins f the Schedule t the Penal Cde (rthern States) Federal Prvisins Act, apply by reasn f sectin 4 f that Act; [Cap. P3.] "Federal Act" means an Act enacted by the atinal Assembly r taking effect as if it had been s enacted; C42-l [ssue

2 CAP. C42 Criminal Prcedure (rthern States) Act "rthern States" means the States f igeria cnstituting the area frmerly knwn as rthern Regin f igeria. 3. Prvisin fr curts in respect f Federal ffences () Subject t the prvisins f this Act and f the Penal Cde (rthern States) Federal Prvisins Act, the curts f the rthern States shall in respect f Federal ffences cmmitted in any f the rthern States have the like jurisdictin and pwers, and shall fllw the like practice and prcedure, as they respectively have and fllw in respect f ffences ther than Federal ffences. [Cap. P3.] (2) Sectin 37 f the nterpretatin Act is repealed in its applicatin t the rthern States. [Cap. 123.] 4. Jurisdictin f specified curts () An ffence cntrary t the prvisins f the Penal Cde (rthern States) Federal Prvisins Act, may be tried by the curt specified in the sixth clumn f the Appendix t this Act in respect f that ffence r by any curt with greater pwers. [Cap. P3.] (2) An abatement, attempt r cnspiracy t cmmit a Federal ffence may be tried by a curt having jurisdictin t try such Federal ffence r by any curt with greater pwers. (3) An ffence which is cntrary t the prvisins f a Federal Act ther than the Penal Cde (rthern States) Federal Prvisins Act, may be tried by any curt specified as having jurisdictin in the Act creating the ffence r by any curt with greater pwers, and where n curt is specified as having jurisdictin, the ffence may be tried by the High Curt r any curt cnstituted under the Criminal Prcedure Cde Law, 1960, f the rthern States, subject t the same limitatins that are prescribed by the prvis t subsectin (2) f sectin 13 f that Law and by sectins 15 t 25 f that Law. 5. Pwers f arrest in respect f Federal ffences, and methd f prcess () The pwers f arrest prvided fr in Part f the Schedule t the Criminal Prcedure Cde Law, 1960, f the rthern States, shall be applicable in respect f Federal ffences as they apply in respect f ffences ther than Federal ffences, and references in sectin 26 f the Schedule t that Law t the third clumn f Appendix A t the Law, shall be cnstrued as reference t the third clumn f the Appendix t this Act. (2) Prcess t cmpel the attendance f the accused persn shall rdinarily be a summns r a warrant accrding as in the pinin f the curt, a summns r a warrant accrding t the furth clumn f the Appendix heret issued in the first instance. 6. Mdificatins t rthern States Criminal Prcedure Cde Law n its applicatin t the jurisdictin, pwers, practice and prcedure f the curts f the rthern States in relatin t Federal ffences, the Criminal Prcedure Cde Law, 1960, f the rthern States, shall be read and cnstrued as thugh references t the Directr f Public Prsecutins f the relevant rthern States were references t the [ssue ] C42-2

3 Criminal Prcedure (rthern States) Act CAP. C42 Attrney-General f the Federatin, but shall include the Directr f Public Prsecutins f the relevant rthern States t the extent that pwers vested in the Attrney-General f the Federatin have been delegated t such Directr. 7. Preservatin f certain matters in Criminal Prcedure Act twithstanding the repeal f the Criminal Prcedure Act by the Criminal Prcedure Law, 1960, f the rthern States in respect f matters nt preserved by this sectin- (a) sectins 402 t 412 f that Act (relating t deprtatin) shall cntinue t apply in respect f deprtatin int any f the rthern States frm a place utside such State and frm any f the rthern States t a place utside any such States; and (b) sectins 477 t 486 f that Act (relating t service and executins f prcess thrughut igeria) shall cntinue t apply in and in relatin t the rthern States. C42-3 [ssue ]

4 '" C/- : " ọ.,...,. APPEDX [Sectins 4 and 5.] Tabular statement f ffences Explanatry tes The entries in the secnd and fifth clumns f this Appendix, headed respectively "Offences" and "Punishment under the Penal Cde," are nt intended as definitins f the ffences and punishment described in the several crrespnding sectins f the Penal Cde r even as abstracts f thse sectins, but merely as references t the subject f the sectin, the number f which is given in the first clumn. 2. By virtue f sectin 4 f the Criminal Cde (rthern States) Act, any ffence may be tried by any curt mentined in clumn 6. XXV Offences against the State first instance 411 Treasn Shall nt arrest with- Warrant Death High Curt ut warrant Attempting r abetting Ditt Ditt mprisnment fr life Ditt the same r fine r bth 412 Treasnable crimes Ditt Ditt mprisnment fr life Ditt and fine 413 ncitement t mutiny Ditt Ditt Ditt Ditt Curt with least pwers bv which triable (but see Explanatry te (2) at head f Appendix) (j...,. S E:. "tl Cl <'"l. S. <' 3 V:l is" '-' '" ).. <'"l... (j > :-0 hi "-

5 ApPEDx-cntinued XXV-cntinued +:0- V first instance 414 Causing disaffectin in Ditt Ditt mprisnment fr three Ditt frces, plice r years r fine f amngst prisn ffi- 600 r bth cers 415 Assisting r allwing Ditt Ditt escape f prisners f war- (a) if ffender inten- mprisnment fr life Ditt tinally aids escape and fine (b) if ffender negli- mprisnment fr tw Ditt gently r unlaw- years r fine r bth fully permits escape XXV Seditin Curt with least pwers by which triable (but see Explanatry te (2) at head f Appendix) " S" "'0 Ci r, '"3 ;;; '--' '" ). r,.. '" c:: "::: 416 nciting disaffectin t Shall nt arrest with- Warrant mprisnment fr High Curt the Gvernment ut warrant seven years r fine r bth 417 Exciting hatred be- Ditt Ditt mprisnment fr three Magistrate f the First tween classes years r fine r bth Grade n >

6 '" '"c: (t.:: +:> 0\ ApPEDix-cntinued XXV-cntinued Curt with least planatry te (2) at rdinarilv issue in the Penal Cde first -instance 418 Publicatin f false Shall nt arrest with- Warrant mprisnment fr three Magistrate f the First news with intent t ut warrant years r fine r bth Grade cause ffence against the public peace 419 Pssessin f seditius Ditt Ditt mprisnment fr tw Ditt article years r fine r bth 421 mprtatin f prhib- Shall nt arrest with- Warrant mprisnment fr three Magistrate f the First ited publicatins ut warrant years r fine r bth Grade 422 Unlawful drilling Ditt Ditt mprisnment fr Ditt seven years r fine r bth XXV Custms ffences 423 Smuggling r rescuing May arrest withut Summns mprisnment fr Magistrate f the First gds under arms warrant seven years r fine Grade r bth 424 Smuggling under arms Ditt Ditt Ditt Ditt r in disguise - 5- c:; '" - % s. '"s Vl S' ::::.... n > := "'"

7 ApPEDlX-cntinued XXVlli-cntinued (J l first instance 425 Assembling fr the Ditt Ditt mprisnment fr six Ditt purpse f smug- mnths r fine f gling H200 XXX Offences relating t cpyright 426 Making r dealing in Shall nt arrest with- Warrant mprisnment fr tw Magistrate f the First cpies f cpyright ut warrant mnths r fine f Grade wrk HOO r bth Curt with least pwers by which triable (but see Explanatry te (2) at head f Appendix) 427 Being in pssessin f Shall nt arrest with- Warrant mprisnment fr tw Magistrate f the First plate fr making ut warrant mnths r fine f Grade cpies: giving HOO r bth unauthrised perfrmances f cpyright wrk " S",.., (3. '" ;: '-' '",..,... t;;' '"c " XXX Offences relating t ships and wharves 429 Offences relating t Shall nt arrest with- Warrant Fine fh1o Magistrate f the Third ships ut warrant Grade :-=

8 V> C/O 1i ApPEDiX-cntinued XXX-cntinued n > :-= ṇ &;;. 00 Curt with least planatry te (2) at first "instance 429-cntinued f ffender after cm- Ditt Ditt Fine f40 Ditt mitting such ffence refuses t give name and address 430 Entering ship r wharf Ditt Ditt mprisnment fr ne Ditt withut ticket mnth r fine r bth 431 nterfering with navi- Shall nt arrest with- Warrant mprisnment fr Magistrate f the First gatin wrks ut warrant seven years r fine Grade r bth XXX Offences relating t cin and ntes 433 Cunterfeiting cin r Shall nt arrest with- Warrant mprisnment fr life Chief Magistrate ntes ut warrant and fine 434 Making r selling Ditt Ditt Ditt Ditt instrument fr cunterfeiting cin r ntes 435 Pssessin f instru- Ditt Ditt mprisnment fr Ditt ment r material fr furteen years r cunterfeiting fine r bth \')... " S" Cl ::t ;::- '" ::l is" '-' '" "...

9 \0 '"c: <> = ApPEDX--cntinued XXX---cntinued Curt with least planatry te (2) at first instance 436 mprt r exprt f Shall nt arrest with- Warrant mprisnment fr Chief Magistrate cunterfeit cin r ut warrant furteen years and ntes fine 437 Fraudulently dimin- Ditt Ditt mprisnment fr ten Ditt ishing weight r years and fine altering cmpsitin f cin 438 Delivery f cin r Ditt Ditt mprisnment fr Ditt nte pssessed with seven years and fine knwledge that it is cunterfeit 439 Pssessin f cin r Ditt Ditt Ditt Ditt nte by persn wh knew it t be cunterfeit when he became pssessed theref XXX Offences relating t revenue stamps 441 Cunterfeiting revenue Shall nt arrest with- Warrant mprisnment fr Chief Magistrate stamp ut warrant seven years and fine " S" ::.,.., 2l '" s. '"s '" '-',..,.. > :-= ọ &;0.

10 ::;;- '"c: r V ApPEDX-cntinued XXXl-cntinued Curt with least planatry te (2) at rdinarilv issue in the Penal Cde first "instance 442 Having pssessin f Ditt Ditt mprisnment fr Ditt instrument r mate- furteen years and rial fr cunterfeit- fine ing re-venue stamp 443 Making r selling Shall nt arrest with- Warrant mprisnment fr Chief Magistrate instrument fr ut warrant furteen years and cunterfeiting reve- fine nue stamp 444 mprt, exprt, use r Ditt Ditt mprisnment fr Ditt sale f cunterfeit seven years r fine revenue stamps r bth 445 Having pssessin f Ditt Ditt Ditt Ditt cunterfeit revenue stamp 446 Effacing writing frm Ditt Ditt mprisnment fr three Magistrate f the First substances bearing years r fine r bth Grade revenue stamp. r remving frm dcument a stamp used fr it, with intent t cause lss (j... " S" 2l. % s. '"3 '" '-'.. ;..,j;;.

11 V - v; '"c ('> -= ApPEDX-cntinued XXXl-cntinued Curt with least planatry te (2) at first instance 447 Using revenue stamp Ditt Ditt mprisnment fr tw Ditt knwn t have been years r fine r bth used befre 448 Erasure f mark de- Ditt Ditt mprisnment fr three Ditt nting that revenue years r fine r bth stamp has been used XXX Offences relating t weights and measures 449 Fraudulent use f false Shall nt arrest with- Warrant mprisnment fr ne Magistrate f the instrument fr ut warrant year r fine r bth Secnd Grade weighing 450 Fraudulent use f false Ditt Ditt Ditt Ditt weight r measure 451 Being in pssessin f Shall nt arrest with- Warrant mprisnment fr ne Magistrate f the false weight r ut warrant year r fine r bth Secnd Grade measure 452 Making r selling false Ditt Ditt Ditt Ditt weight r measure 2 s [ "'e ;:s <"\ s. '" ;:; s --- n >:-= "Ṇ

12 c: (t.:: ApPEDx-cntinued XXX-cntinued :-e ṇ &;;. Curt with least planatry te (2) at Sectin Offence may arrest withut rdinarilv issue in the Penal Cde first 'instance XXXV Offences relating t psts and telegraphs. S "tl tv tv 454 Paper and dyes fr Shall nt arrest with- Warrant mprisnment fr ne Magistrate f the Third pstage stamps ut warrant year r fine f WlOO Grade r bth 455 Paper fr pstal pur- Ditt Ditt mprisnment fr tw Ditt pses years r fine r bth 456 Stpping mails Ditt Ditt mprisnment fr life Chief Magistrate r fine r bth 457 ntercepting telegrams Ditt Ditt mprisnment fr Magistrate f the First r pstal matter seven years r fine Grade r bth f pstal matter cn- Ditt Ditt mprisnment fr life Chief Magistrate tains mney, etc. r fine 458 Misdelivery f pstal Ditt Ditt mprisnment fr three Magistrate f Third matter years r fine r bth Grade 459 Retarding delivery f Ditt Ditt mprisnment fr ne Ditt pstal matter year r fine r bth <"") "" "" <"")..

13 -Vl (;;' > c: "= ApPEDX-cntinued XXXV -cntinued Curt with least planatry te (2) at first instance 460 Fraudulent remving Ditt Ditt Ditt Ditt stamps 461 Fraudulent evasin f Ditt Ditt Fine floo Ditt pstal law 462 Unlawful franking f Ditt Ditt mprisnment fr ne Ditt letters year r fine r bth 463 Sending dangerus r Ditt Ditt Ditt Ditt bscene things by pst 464 llegally setting up f Ditt Ditt Fine fo Ditt pst ffice 465 Damaging pst ffice, Ditt Ditt Fine floo Ditt etc. 466 Placing injurius Ditt Ditt Fine f40 Ditt substances in r against a letter bx 467 nterference with Shall nt arrest with- Warrant mprisnment fr three Magistrate f the Third telegraphs ut warrant years r fine r bth Grade 468 egligently injuring Ditt Ditt Fine f4 Ditt telegraphs. S 12.,.., C3 '" ;:;1 s - '-",.., :t. n > :-= n

14 '".:: "" (J.j:.....j:. XXXV Offences relating t railway and aircraft Curt with least planatry te (2) at fi rst instance 469 ntentinallyendan- May arrest withut Summns mprisnment fr life Magistrate f the Fist gering safety f per- warrant and fine Grade sns travelling by railway 470 Obstructing and in- Ditt Ditt Ditt Ditt juring railways 471 Damage t railways May arrest withut Summns mprisnment fr three Magistrate f the Third wrks warrant mnths r fine f Grade W40 r bth 472 Obstructing aircraft Ditt Ditt mprisnment fr tw Ditt years r fine r bth 473 Trespass n aerdrme Ditt Ditt mprisnment fr three Ditt mnths r fine r bth XXXV Offences relating t mines and minerals 474 Fraudulently dealing Shall nt arrest with- Warrant mprisnment fr three Magistrate f the First with minerals in ut warrant years r fine r bth Grade mines. S ::. '"tl Cl S- '"3 '-' '" "... r:l > :-= "'"

15 tv -V ApPEDX-cntinued XXXV--cntinued Curt with least planatry te (2) at first instance 475 Attempts t injure Ditt Ditt mprisnment fr Ditt mines seven years r fine r bth Deprtatin XXXV and passprts 477 False statements in Shall nt arrest with- Warrant mprisnment fr ne Magistrate f the Third applicatin fr ut warrant year r fine r bth Grade passprts. S "'0 ;:; <"l s. '"3 '" '-' ). <"ḻ fi;" '"c ".= (":J > :-= (":J

16 CAP.C42 Criminal Prcedure (rthern States) Act C42 CRMAL PROCEDURE (ORTHER STATES) ACT SUBSDARY LEGSLATO Subsidiary Legislatin [ssue ] C42-16