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
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
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.
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
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
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.
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
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.
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.
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.
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
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.
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
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
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
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
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
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
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.
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