Feb 28, 2014

19 OFFENCES AGAINST MORALITY

 Morality is the belief or recognition that certain behaviours are either “good” or “bad and our morality plays a crucial role when formulating laws and policies. Take for instance, the recent Same Sex Marriage Prohibition law or as is most popularly called the “anti-gay law” passed into law in Nigeria, the protagonist of this legislation argue that it is a reflection of our morality and represents the voice of majority of the Nigerian public on the subject. But before we go into a never ending debate on gay rights, let’s stay on course.  There are other numerous offences in Nigeria which are seen as an offence against morality and some are provided for in the Criminal & Penal Codes, this blawg will be outlining the offences against morality as stated under Chapter 21 of the Criminal Code.

1.       It is an offence to have carnal knowledge
of any person against the order of nature; or have carnal knowledge of an animal; or permit a male person to have carnal knowledge of him or her against the order of nature. This basically means anal sex is not allowed and practitioners of this sex act should be informed that they are liable to fourteen years in prison. Even an attempt to commit the above stated act can earn a guilty person 7 years in prison. Sec 214 & 215 Criminal Code

2.       Any person, who unlawfully and indecently deals with a boy under the age of fourteen years, is guilty of a felony and is liable to imprisonment for seven years. Section 216

3.       Acts of public indecency by any male person or attempt to procure the commission of such acts is a felony and is liable to imprisonment for three years.

4.       Any person who has or attempts to have unlawful carnal knowledge of a girl under the age of thirteen years is guilty of a felony and is liable to imprisonment for life, with or without caning. Section 218

5.       Any person who, being the owner or occupier of any premises, induces or knowingly permits any girl to be unlawfully carnally known by any man, If the girl is of or above thirteen and under sixteen years of age, he is guilty of a misdemeanour and is liable to imprisonment for two years, with or without caning. If the girl is under the age of thirteen years, he is guilty of felony, and is liable to imprisonment for life, without caning. Section 219

6.       Attempting to or having unlawful carnal knowledge with a woman or girl known to be an imbecile is a misdemeanour and liable to imprisonment for two years, with or without caning.

7.       Any person who unlawfully and indecently deals with a girl under the age of sixteen years is guilty of a misdemeanour, and is liable to imprisonment for two years, with or without caning. If the girl is under the age of thirteen years, he is guilty of a felony and is liable to imprisonment for three years, with or without caning. Section 222

8.       Whoever, having the custody, charge or care of a girl under the age of sixteen years, causes or encourages the seduction, unlawful carnal knowledge or prostitution of, or the commission of an indecent assault upon, such a girl, shall be liable to imprisonment for two years.

9.       Whoever, having the custody, charge or care of a child or young person who has attained the age of four years and is under the age of sixteen years, allows that child or young person to reside in or frequent a brothel, is liable to a fine of one hundred naira or to imprisonment for six months or to both such fine and imprisonment.

10.   Any person who, procures a girl or woman who is under the age of eighteen years to have unlawful carnal connection with any other person or persons either in Nigeria or elsewhere; or procures a woman or girl to become a common prostitute either in Nigeria or elsewhere; or procures a woman or girl to leave Nigeria with intent that she may become an inmate of a brothel elsewhere; or procures a woman or girl to leave her usual place of abode in Nigeria, with intent that she may, for the purposes of prostitution, become an inmate of a brothel either in Nigeria or elsewhere, is guilty of a misdemeanour and is liable to imprisonment for two years.

11.   Any person who‐ by threats or intimidation of any kind procures a woman or girl, to have unlawful carnal connection with a man either in Nigeria or elsewhere; or by any false pretence procures a woman or girl to have unlawful carnal connection with  a man either in Nigeria or elsewhere; or administers to a woman or girl, or causes a woman or girl, to take, any drug or other thing with intent to stupefy or overpower her in order to enable any man, whether a particular man or not, to have unlawful carnal knowledge of her, is guilty of a misdemeanour and is liable to imprisonment for two years. Section 224

12.   Any person who, with intent that an unmarried girl under the age of eighteen years may be unlawfully carnally known by any man, whether a particular man or not, takes her or causes her to be taken out of the custody or protection of her father or mother, or other person having the lawful care or charge of her, and against the will of such father or mother or other person, is guilty of a misdemeanour and is liable to imprisonment for two years. Section 225.

13.   Every male person who‐ knowingly lives wholly or in part on the earnings of prostitution; or persistently solicits is liable to imprisonment for two years. Section 225A

14.   Whoever‐ keeps or manages or permits his or her premises or any part thereof to be used as a brothel or for the purposes of habitual prostitution; or is wilfully a party to the continued use of such premises or any part thereof as a brothel, is liable‐ (i) to a fine of one hundred naira or to imprisonment for six months; and (ii) on a second or subsequent conviction, to a fine of three hundred naira or to imprisonment for one year. Section 225B

15.   Any person who‐ detains a woman or girl against her will in or upon any premises in order to her being unlawfully carnally known by any man, whether a particular man or not; or detains a woman or girl against her will in a brothel, is guilty of a misdemeanour and is liable to imprisonment for two years. Section 226

16.   Any person who conspires with another to induce any woman or girl, by means of any false pretence or other fraudulent means, to permit any man to have unlawful carnal knowledge of her, is guilty of a felony, and is liable to imprisonment for three years. Section 227

17.   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 fourteen years. Section 228

18.   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. Section 229

19.   Any person who‐ wilfully and without lawful excuse does any indecent act in any public place; or wilfully does any indecent act in any place with intent to insult or offend any person, is guilty of a misdemeanour and is liable to imprisonment for two years.
 
Adedunmade Onibokun Esq.
tweets @adedunmade
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