(1) Whoever levies war against the State, in order to intimidate or overawe the President, commits treason.
(2) Nothing in this section shall prevent any act from being treason which is so by the law of England as in force in Nigeria.
*The numbering is consecutive with that of the Penal Code of the Northern State.
Punishment for treason
Whoever commits treason shall be punished with death, and whoever attempts or abets treason shall be punished with imprisonment for life or for any less term or with fine or with both.
- Treasonable crimes
(1) Whoever intends-
(a) To remove otherwise than by constitutional means during his term or office-
(i) The President of the Federal Republic; or
(ii) The Governor of any State of the Federal Republic;
(b) to levy war against Nigeria or any part of the Federation in order by force or constraint to compel the President or the Governor of a State as the case may be, to change his measures or counsels, or in order to put any force or constraint upon or to intimidate or overawe either House of the National Assembly or, as the case may be, the House of Assembly of a State; or
(c) to instigate any person not a national of Nigeria to make an armed invasion on Nigeria or any part thereof, and manifests such intention by an overt act, shall be punished with imprisonment for life or any less term and shall also be liable to fine.
(2) A person charged with any of the offences specified in this section is not entitled to be acquitted on the ground that any act proved to have been committed by him constitutes the offence of treason; but a person who has been tried, and convicted or acquitted, on a charge of any such offence cannot be afterwards prosecuted for treason in respect of the same facts.
Inciting to mutiny
(a) seduces any person serving in the armed forces or the police force from his duty of allegiance to the State;
(b) Incites any such person to commit an act of mutiny, shall be punished with imprisonment for life or for any less term and also be liable to fine.
Causing disaffection among soldiers, police or prison officers
(1) Whoever causes or does any act calculated to cause disaffection amongst persons serving as-
(a) Members of the armed forces of Nigeria; or
(b) Police officers; or
(c) Prison officers,
or does any act calculated to induce any person serving as aforesaid to withhold his services or to commit breaches of discipline, shall be punished with imprisonment which may extend to three years or with fine which may extend to N600 or with both.
(2) For the purposes of this section the expression “prison officer” shall have the same meaning as in subsection (1) of section 19 of the Prisons Act.
Assisting or allowing escape of prisoners of war
Whoever intentionally aids an enemy of the State, being a prisoner of war in Nigeria, whether such prisoner is confined in prison or elsewhere, or is suffered to be at large on his parole, to escape from his prison or place of confinement, or if he is at large on his parole, to escape from Nigeria, shall be punished with imprisonment for life or for any less term and shall also be liable to fine, and whoever negligently or unlawfully permits the escape of any such prisoner shall be punished with imprisonment which may extend to two years or with fine or with both.
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