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Posted By MrCover On July 12th, 2022
The Economic and Financial Crime Commission (EFCC) recently sent a warning to landlords that Ignorance is not an excuse to rent apartments to internet fraudsters popularly known as ‘Yahoo boys’. The EFCC stated that any landlord who gives apartments to these fraudsters risks a jail term of 15 years.
This disclosure from the EFCC has generated reactions from Nigerians who wonder why a landlord should be sent to jail because of the actions of their tenants.
However, as the saying goes, “ignorance is not a valid excuse before the law.”
In light of this, we will take a look at some other little known actions that may end up putting one in jail in Nigeria.
Adultery
This may sound like rather a shock due to the prevalence of adultery in Nigeria and the world at large. But the fact is adultery may land you in jail in some parts of the country (Northern Nigeria) where the penal code is being practiced.
Under the “Penal code law”, adultery is a crime liable to two years imprisonment!
The “PENAL CODE LAW” sections 387 & 388 states:
“Whoever, being a man/woman subject to any customary law in which extra-marital sexual intercourse is recognised as a criminal offence, has sexual intercourse with a person who is not and whom he knows or has reason to believe is not his wife/husband, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery and shall be punished with imprisonment for a term which may extend to two years or with a fine or with both.”
Abortion
Abortion is quite common in Nigeria with an increasing rate every year. According to a joint study carried out by the Society of Gynecologists and Obstetricians of Nigeria and Nigeria’s Ministry of Health, the number of women who engage in unsafe abortion was estimated at 20,000 each year.
But what you might not know is that aborting a baby, even though it is a day old, may land you in jail.
Abortion attracts 14 years of imprisonment unless it is performed to save the life of the pregnant woman.
Medical practitioners such as doctors, nurses, or chemists who help in abortion also risk losing their licenses and could also spend time in jail.
Abortion is governed by the Criminal Code in the southern states and the Penal Code in the northern states.
Under the criminal code in the southern states, the abortion law is expressed within sections 228, 229, and 230.
Under section 228: Attempts to procure abortion. It reads:
Any person who, with intent to procure miscarriage of a woman whether she is or is not with child, unlawfully administers to her or causes her to take any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, is guilty of a felony, and is liable to imprisonment for 14 years.
Section 229. Attempt to procure own miscarriage.
Any woman who, with intent to procure her own miscarriage, whether she is or is not with child, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, or permits any such thing or means to be administered or used to her, is guilty of a felony, and is liable to imprisonment for seven years.
Supplying drugs or instruments to procure abortion.
Any person who unlawfully supplies to or procures for any person any thing whatever, knowing that it is intended to be unlawfully used to procure the miscarriage of a woman, whether she is or is not with child, is guilty of a felony, and is liable to imprisonment for three years.
Under the panel code in the northern states, abortion law is contained in sections 232, 233, and 234. The punishment includes a fine or punishment or both in some cases.
Suicide
According to the World Health Organization, about 700,000 suicides occur across the globe every year.
In Nigeria in particular, suicide seems to be on the increase everyday. The high rate of suicide may not be unconnected to the increased number of people who live with depression.
However, as common as committing suicide may be, it is a punishable offence under the constitution.
Your body belongs to the state and you have no right to take it by yourself. If you try to commit suicide and you are caught in the process, you may be imprisoned for attempting to take your life.
Committing suicide is a punishable offense under both the criminal code in southern Nigeria and the penal code in the northern states.
Section 327 of the criminal code (applicable to Southern Nigeria) states that:
“Any person who attempts to kill himself is guilty of a misdemeanour, and is liable to imprisonment for one year.”
Similarly, section 231 of the penal code (applicable to northern Nigeria) asserts that:
“Whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with imprisonment for a term which may extend to one year or with fine or with both”.
Witchcraft
Although witchcraft was previously not recognized by the law, a new provision has made the practice of witchcraft an offence that is punishable under the law.
The punishment for witchcraft is entrenched in both sections 216 & 210 of the Criminal and Penal Codes Act, respectively.
Section 210 of the criminal code act states that:
Any person who
(a) by his statements or actions represents himself to be a witch or to have the power of witchcraft; or
(b) accuses or threatens to accuse any person with being a witch or with having the power of witchcraft; or
(c) makes or sells or uses, or assists or takes part in making or selling or using or has in his possession or represents himself to be in possession of any juju, drug or charm which is intended to be used or reported to possess the power to prevent or delay any person from doing an act which such person has a legal right to do, or to compel any person to do an act which such person has a legal right to refrain from doing, or which is alleged or reported to possess the power of causing any natural phenomenon or any disease or epidemic; or
(d) directs or controls or presides at or is present at or takes part in the worship or invocation of any juju which is prohibited by an order of the President or the Governor of a State; or
(e) is in possession of or has control over any human remains which are used or are intended to be used in connection with the worship or invocation of any juju; or
(f) makes or uses or assists in making or using, or has in his possession anything whatsoever the making, use or possession of which has been prohibited by an order as being or believed to be associated with human sacrifice or other unlawful practice, is guilty of misdemeanour and is liable to imprisonment for two years.
Bestiality/homosexuality
Bestiality refers to the act of having sexual intercourse with animals. Homosexuality, on the other hand, is an act of sexual intercourse between two people of same gender. They are both part of unnatural offences which are punishable by up to 14 years imprisonment under both the criminal code act (applicable to the Southern states) and Penal code act applicable to (Northern states)
Section 214 the Criminal Code Act (Unnatural offences) states:
“Any person who
(1) has carnal knowledge of any person against the order of nature; or
(2) has carnal knowledge of an animal; or
(3) permits a male person to have carnal knowledge of him or her against the order of nature, is guilty of a felony and is liable to imprisonment for 14 years.”
While section 284 of the penal code act states:
“Whoever has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for a term which may extend to fourteen years and shall also be liable to fine.”
It will be recalled that Tribune Online reported that police were on trail for the Lekki dog owner, and the lady who reportedly had sex with a dog in exchange for money earlier this year.
Animal Cruelty
Not only humans, but animals equally have rights enshrined in the constitution. It is a punishable offence to maltreat your pets and animals in general. The fact that you bought them with your money does not qualify you to treat them badly.
In a situation when you are cruel to animals, the court may order such animals taken away from you.
According to section 495 of the criminal code act, infringing cruelty on animals or playing a role in making animals suffer may land you six months imprisonment or a fine of 50 naira or to both such imprisonment and fine.
Which of these would you describe as the most strange and have you been guilty of any in the past?
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