In this section the terms "wife" and "husband" mean respectively the wife and husband of a Christian marriage. A conviction of counselling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence. Members of the armed forces and of the police forces of Nigeria are subject to the special laws relating to the forces to which they respectively belong, but are not exempt from the provisions of this code. When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence. Chapter 3 Application of Criminal Law 10A. A person whose mind, at the time of his doing or omitting to do an act, is affected by delusions on some specific matter or matters, but who is not otherwise entitled to the benefit of the foregoing provisions of this section, is criminally responsible for the act or omission to the same extent as if the real state of things had been such as he was induced by the delusions to believe to exist.
A conviction of counselling or procuring the commission of an offence entails the same consequences in all respects as a conviction of committing the offence. Payment of any sum so ordered to be forfeited may be enforced in the same manner and subject to the same incidents as in the case of the payment of a fine. When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing it, that is to say- a every person who actually does the act or makes the omission which constitutes the offence; b every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence; c every person who aids another person in committing the offence; d any person who counsels or procures any other person to commit the offence. The operation of this rule may be excluded by the express or implied provisions of the law relating to the subject. When the term "carnal knowledge" or the term "carnal connection" is used in defining an offence, it is implied that the offence, so far as regards that element of it, is complete upon penetration. Chapter 4 Punishments This section does not extend to a case in which the only material event that occurs in Nigeria is the death in Nigeria of a person whose death is caused by an act, done or omitted to be done, at a place not in Nigeria and at a time when he was not in Nigeria. When two or more persons form a common intention to prosecute an unlawful purpose in conjunction with one another, and in the prosecution of such purpose an offence is committed of such a nature that its commission was a probable consequence of the prosecution of such purpose, each of them is deemed to have committed the offence. A person is not criminally responsible, as for an offence relating to property, for an act done or omitted to be done by him with respect to any property in the exercise of an honest claim of right and without intention to defraud. A person shall not be punished for doing or omitting to do an act of unless the act or omission constituted an offence under the law in force when it occurred. Any person who, by any means whatever, directly or indirectly- a procures or persuades or attempts to procure or persuade to desert; or b aids, abets, or is accessory to the desertion of; or c having reason to believe he is a deserter, habours or aids in concealing any warrant or other officer below commissioned rank and others inferior in rank to them and by whatever name described in any of the said armed forces, or any police officer, is guilty of a misdemeanour, and is liable to imprisonment for six months and to a fine of one hundred naira. But in the case of a Christian marriage neither of them can institute criminal proceedings against the other while they are living together. Except as expressly provided by this code, a judicial officer is not criminally responsible for anything done or omitted to be done by him in the exercise of his judicial functions, although the act done is in excess of his judicial authority or although he is bound to do the act omitted to be done. A person who receives or assists another who is, to his knowledge guilty of an offence, in order to enable him to escape punishment, is said to become an accessory after the fact to the offence. In the fourth case he may be charged either with himself committing the offence or with counselling or procuring its commission. A person who does or omits to do an act under an honest and reasonable, but mistaken, belief in the existence of any state of things is not criminally responsible for the act or omission to any greater extent than if the real state of things had been such as he believed to exist. Where by the provisions of any Federal law the doing of any act or the making of any omission is constituted an offence those provisions shall apply to every person who is in Nigeria at the time of his doing the act or making the omission. Any person who forms an intention to effect any of the following purposes, that is to say- a to remove during his term of office otherwise than by constitutional means the President as Head of State of the Federation and Commander-in-Chief of the armed forces thereof; or b to likewise remove during his term of office the Governor of a State; or c to levy war against Nigeria in order by force or constraint to compel the President to change his measures or counsels, or in order to put any force or constraint upon, or in order to intimidate or overawe any House of the National Assembly or any other Legislature or legislative authority; or d to instigate any foreigner to make any armed invasion of Nigeria or of any of the territories thereof; and manifests such intention by an overt act, is guilty of a felony and is liable to imprisonment for life. In this section the terms "wife" and "husband" mean respectively the wife and husband of a Christian marriage. The expression "the offender may be arrested without warrant" means that the provisions of this code relating to the arrest of offenders or suspected offenders without warrant are applicable to the offence in question, either generally or subject to such conditions, if any, as to time, place, or circumstance, or as to the person authorised to make the arrest, as, are specified in the particular case. Any person who- 1 becomes an accessory after the fact to treason; or 2 knowing that any person intends to commit treason, does not give information thereof with all reasonable despatch to the President or the Governor of the State or a peace officer, or use other reasonable endeavours to prevent the commission of the offence; is guilty of a felony, and is liable to imprisonment for life. Any person who advisedly attempts to effect any of the following purposes, that is to say- a to seduce any person serving in any of the armed forces of Nigeria or any member of the police force from his duty and allegiance; or b to incite any such persons to commit an act of mutiny or any traitorous or mutinous act; or c to incite any such persons to make or endeavour to make a mutinous assembly; is guilty of a felony, and is liable to imprisonment for life. When any person is convicted of an offence under section 98, 98A, 98B, 99, , , , or , the court may, in addition to or in lieu of any penalty which may be imposed, order the forfeiture to the State of any property which has passed in connection with the commission of the offence or if such property cannot be forfeited or cannot be found of such sum as the court shall assess as the value of such property, and any property or sum so forfeited shall he dealt with in such manner as the Governor may direct. Whether an order is or is not manifestly unlawful is a question of law. A person under the age of twelve years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission he had capacity to know that he ought not to do the act or make the omission.
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