ARRANGEMENT OF SECTIONS
1. Short title.
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.
Appendix
CRIMINAL PROCEDURE (NORTHERN STATES) 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 Procedure Act and for purposes ancillary to the matters aforesaid. [Commencement:] [30th September, 1960]
1. Short title.
This Act may be cited as the Criminal Procedure (Northern States) Act.
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;
“Federal Act” means an Act enacted by the National Assembly or taking effect as if it had been so enacted;
“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.
(1) Subject to the provisions of this Act and of the Penal Code (Northern States) Federal 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.
(2) Section 37 of the Interpretation Act is repealed in its application to the Northern States.
4. Jurisdiction of specified courts:
(1) An offence contrary to the provision 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.
(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 powers.
(3) An offence which is contrary to the provisions of a Federal Act other than the penal Code (Northern States) 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.
(1) The powers of arrest provided for in Part III of the Schedule to the Criminal Procedure 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 Director of Public Prosecutions of the relevant Northern States were references to the 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.
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.
APPENDIX
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 Punishment under the Penal Code,” are not intended as definition of the offences and punishment described in the several corresponding sections of the Penal Code or even as abstracts of those sections, but merely as reference to the subject of the section, the number of which is given in the first column
2. By virtues of section 4 of the Criminal Code (Northern States) Act, any offence may be tried by any court mentioned in column 6.
| 1 | 2 | 3 | 4 | 5 | 6 |
| Section | Offence | Whether the police may arrest without warrant or not | Whether awarrant or a summons shall ordinarily issuein the first instance | Punishment under the Penal Code | Court with least powers by which triable (But seeExplanatoryNote (2) at head of Appendix) |
| CHAPTER XXVI – OFFENCES AGAINST THE STATE | |||||
| 411 | Treason | Shall not arrest without warrant | Warrant | Death | High Court |
| Attempting or abetting the same | ditto | ditto | Imprisonment for life or fine or both | ditto | |
| 412 | Treasonable | ditto | ditto | Imprisonment for | ditto |
| crimes | life and fine | ||||
| 413 | Incitement to mutiny | ditto | ditto | ditto | ditto |
| 414 | Causing disaffection in forces, police oramongst prison officers | ditto | ditto | Imprisonment for three years or fine of N600 or both | ditto |
| 415 | Assisting or allowing escape of prisoners of war- | (a) if offender intentionally aids escape of offender | ditto | Imprisonment for life and fine | Ditto |
| negligently or unlawfully permits escape | Ditto | ditto | |||
| CHAPTER XXVII – SEDITION | |||||
| 416 | Inciting disaffection to the Government | Shall not arrest without warrant | Warrant | Imprisonment for seven years or fine or both | High Court |
| 417 | Exciting hatred between classes | ditto | ditto | Imprisonment for three years or fine or | Magistrate of theFirst Grade |
| both | |||||
| 418 | Publication of false news with intent to cause offence against the public peace | Shall not arrest without warrant | Warrant | Imprisonment for three years or fine or both | Magistrate of the First Grade |
| 419 | Possession of seditious article | ditto | ditto | Imprisonment for two years or fine or both | ditto |
| 421 | Importation of prohibited publications | Shall not arrest without warrant | Warrant | Imprisonment for three years or fine or both | Magistrate of the First Grade |
| 422 | Unlawful drilling | ditto | ditto | Imprisonment for seven years or fine or both | Ditto |
| CHAPTER XXVIII – CUSTOMS OFFENCES | |||||
| 423 | Smuggling or rescuing goods under arms | May arrest without warrant | Summons | Imprisonment for seven years or fine or both | Magistrate of the First Grade |
| 424 | Smuggling under arms or in disguise | ditto | ditto | Ditto | ditto |
| 425 | Assembling for the purpose of smuggling | ditto | ditto | Imprisonment for six months or fineof | Ditto |
| CHAPTER XXIX – OFFENCES RELATING TO COPYRIGHT | |||||
| 426 | Making or dealing in copies of copyright work | Shall not arrest without warrant | Warrant | Imprisonment for two months or fine of N100 or both | Magistrate of the First Grade |
| 427 | Being in possession of plate for making copies: giving unauthorizedperformances of copyright work | Shall not arrest without warrant | Warrant | Imprisonment for two months or fine of N100 or both | Magistrate of the First Grade |
| CHAPTER XXX – OFFENCES RELATING TO SHIPS AND WHARVES | |||||
| 429 | Offences relating to ships | Shall not arrest without warrant | Warrant | Fine of N10 | Magistrate of the Third Grade |
| If offender after committing such offence refuses to give name and address | ditto | ditto | Fine of N40 | Ditto | |
| 430 | Entering ship or wharf without | ditto | ditto | Imprisonment for one | Ditto |
| ticket | month | ||||
| 431 | Interfering with navigation works | Shall not arrest without warrant | Warrant | Imprisonment for seven years or fine or both | Magistrate of the First Grade |
| CHAPTER XXXI – OFFENCES RELATING TO COIN AND NOTES | |||||
| 433 | Counterfeiting coin or notes | Shall not arrest without warrant | Warrant | Imprisonment for life and fine | Chief Magistrate |
| 434 | Making or selling instrument for counterfeiting coin or notes | ditto | ditto | ditto | Ditto |
| 435 | Possession of instrument or material for counterfeiting | ditto | ditto | Imprisonment for fourteen years or fine or both | ditto |
| 436 | Import or export of counterfeit coin or notes | Shall not arrest without warrant | Warrant | Imprisonment for fourteen years and fine | Chief Magistrate |
| 437 | Fraudulently diminishing weight or altering composition of coin | ditto | ditto | Imprisonment for ten years and fine | Ditto |
| 438 | Delivery of coin or note possessed with knowledge | ditto | ditto | Imprisonment forseven years and fine | Ditto |
| that it is counterfeit | |||||
| 439 | Possession of coin or note by person who knew it to be counterfeit when hebecame possessed thereof | ditto | ditto | ditto | Ditto |
| CHAPTER XXXII – OFFENCES RELATING TO REVENUE STAMPS | |||||
| 441 | Counterfeiting revenue stamp Shall not arrest without warrant | Warrant | Imprisonment forseven years and fine | Chief Magistrate | |
| 442 | Having possession of instrument for material for counterfeiting revenue stamp | ditto | ditto | Imprisonment for fourteen years and fine | ditto |
| 443 | Making or selling instrument for counterfeiting revenue stamp | Shall not arrest without warrant | Warrant | Imprisonment for fourteen years and fine | Chief Magistrate |
| 444 | Import, export, use or sale of counterfeit revenue stamps | ditto | ditto | Imprisonment for seven years or fine or both | ditto |
| 445 | Having possession of counterfeit revenue stamp | ditto | ditto | ditto | Ditto |
| 446 | Effacing writing from substances bearing revenue stamp, or removing fromdocument a stamp used for it, with intent to cause loss | ditto | ditto | Imprisonment for three years or fine or both | Magistrate of the First Grade |
| 447 | Using revenue stamp known to have been used before | ditto | ditto | Imprisonment for two years or fine or both | ditto |
| 448 | Erasure of mark denoting that revenue stamp has been used | ditto | ditto | Imprisonment for three years or fine or both | ditto |
| CHAPTER XXXIII – OFFENCES RELATING TO WEIGHTS AND MEASURES | |||||
| 449 | Fraudulent use of false instrument for weighing | Shall not arrest without warrant | Warrant | Imprisonment for one year or fine or both | Magistrateof the Second Grade |
| 450 | Fraudulent use of false weight or measure | ditto | ditto | Ditto | ditto |
| 451 | Being in possession offalse weight or measure | Shall not arrest without warrant | Warrant | Imprisonment for one year or fine or both | Magistrate of theSecond Grade |
| 452 | Making or selling false weight or measure | Ditto | Ditto | Ditto | Ditto |
| CHAPTER XXIV – OFFENCES RELATING TO POSTS AND TELEGRAPHS | |||||
| 454 | Paper and dyes for postage stamps | Shall not arrest without warrant | Warrant | Imprisonment for one year or fine of N100 or both | Magistrate of the Third Grade |
| 455 | Paper for postal purposes | ditto | ditto | Imprisonment for two years or fine or both | ditto |
| 456 | Stopping mails | ditto | ditto | Imprisonment for life or fine or both | Chief Magistrate |
| 457 | Intercepting telegrams or postal matter | ditto | ditto | Imprisonment for seven years or fine or both | Magistrate of the First Grade |
| If postal matter contains money, etc. | Ditto | ditto | Imprisonment forlife or fine | Chief Magistrate | |
| 458 | Misdelivery of postal matter | ditto | ditto | Imprisonment for three years or fine or both | Magistrate of Third Grade |
| 459 | Retarding delivery of postal matter | Ditto | Ditto | Imprisonment for one year or fine or both | ditto |
| 460 | Fraudulent removing stamps | Ditto | Ditto | Ditto | Ditto |
| 461 | Fraudulent evasion of postal law | Fine of N100 | Ditto | Ditto | Ditto |
| 462 | Unlawful franking of letter | Ditto | Ditto | Imprisonment for one year or fine or both | Ditto |
| 463 | Sending dangerous or obscene things by post | ditto | ditto | ditto | Ditto |
| 464 | Illegally setting up of post office | ditto | Ditto | Fine of N10 | ditto |
| 465 | Damaging post office, etc. | ditto | Ditto | Fine of N100 | Ditto |
| 466 | placing injurious substances in or against a letter box | Ditto | Ditto | Fine of N 40 | Ditto |
| 467 | Interference with telegraphs | Shall not arrest without warrant | Warrant | Imprisonment for three years or fine or both | Magistrate of the Third Grade |
| 468 | Negligently injuring telegraphs | Ditto | ditto | Fine of N4 | ditto |
| CHAPTER XXXV – OFFENCES RELATING TO RAILWAY AND AIRCRAFT | |||||
| 469 | Intentionally endangering safety of persons travelling by railway | May arrest without warrant | Summons | Imprisonment for life and fine | Magistrate of the Fist Grade |
| 470 | Obstructing and injuring railways | Ditto | Ditto | Ditto | Ditto |
| 471 | Damage to railways works | May arrest without warrant | Summons | Imprisonment for three months or fine of N40 or both | Magistrate of the Third Grade |
| 472 | Obstructing aircraft | Ditto | Ditto | Imprisonment for two years or fine or both | ditto |
| 473 | Trespass on | Ditto | Ditto | Imprisonment for | ditto |
| aerodrome | three months or fine or both | ||||
| CHAPTER XXXVI – OFFENCES RELATING TO MINES AND MINERALS | |||||
| 474 | Fraudulently dealing with minerals in mines | Shall not arrest without warrant | Warrant | Imprisonment for three years or fine or both | Magistrate of the First Grade |
| 475 | Attempts to injure mines | Ditto | Ditto | Imprisonment for seven years or fine or both | Ditto |
| CHAPTER XXXVII – DEPORTATION AND PASSPORTS | |||||
| 477 | False statements in application for passports | Shall not arrest without warrant | Warrant | Imprisonment for one year or fine or both | Magistrate of the Third Grade |
CRIMINAL PROCEDURE (NORTHERN STATES) ACT
SUBSIDIARY LEGISLATION
No Subsidiary Legislation