TWO YEAR JAIL TERM FOR WITCHES & WIZARDS
If you have lived in Nigeria for
a while then you must know how religious Nigerians can be, a visit to a church
or mosque will prove same and before the introduction of Christianity and
Islam, indigenous Nigerians also had their gods which they worshipped. One more
thing about Nigerians is that the relics of the ideas behind our superstitions
still live among us. Don’t be surprised if a misfortune befalls a Nigerian you
know and such person begins toskabbash pray against evil spirits whom
he believes may be after him, the news have in the past been filled with
stories of people who attacked their relations and claim such relation was the
witch or wizard behind their misfortune.
Anyway, Nigerians have been like this for a long time and even the law
recognizes that some people use charms and juju, that’s why the Criminal Code
provides for offences in relation to witchcraft and juju.
a while then you must know how religious Nigerians can be, a visit to a church
or mosque will prove same and before the introduction of Christianity and
Islam, indigenous Nigerians also had their gods which they worshipped. One more
thing about Nigerians is that the relics of the ideas behind our superstitions
still live among us. Don’t be surprised if a misfortune befalls a Nigerian you
know and such person begins to
he believes may be after him, the news have in the past been filled with
stories of people who attacked their relations and claim such relation was the
witch or wizard behind their misfortune.
Anyway, Nigerians have been like this for a long time and even the law
recognizes that some people use charms and juju, that’s why the Criminal Code
provides for offences in relation to witchcraft and juju.
Section 210 of the Criminal Code, Cap C38 of the Laws of the federal
Republic of Nigeria provides that;
Republic of Nigeria provides that;
Any person who –
(a)
By his
statements or actions represents himself to be a witch or to have the power of
witchcraft; or
By his
statements or actions represents himself to be a witch or to have the power of
witchcraft; or
(b)
Accuses
or threatens to accuse any person with being a witch or with having the power
of witchcraft; or
Accuses
or threatens to accuse any person with being a witch or with having the power
of witchcraft; or
(c)
Makes or
sells or uses, or assists or takes part in making or selling or using, or has
in his possession or represents himself to be in possession of any juju, drug
or charm which is intended to be used or reported to possess the power to
prevent or delay any person from doing an act which such person has a legal
right to do, or to compel any person to do an act which such person has a legal
right to do, or to compel any person to do an act which such person has a legal
right to refrain from doing, or which is alleged or reported to possess the
power of causing any natural phenomenon or any diseases or epidemic; or
Makes or
sells or uses, or assists or takes part in making or selling or using, or has
in his possession or represents himself to be in possession of any juju, drug
or charm which is intended to be used or reported to possess the power to
prevent or delay any person from doing an act which such person has a legal
right to do, or to compel any person to do an act which such person has a legal
right to do, or to compel any person to do an act which such person has a legal
right to refrain from doing, or which is alleged or reported to possess the
power of causing any natural phenomenon or any diseases or epidemic; or
(d)
Directs
or controls or presides at or is present at or takes part in the worship or
invocation of any juju which is prohibited by an order of the President or the
governor of a state; or
Directs
or controls or presides at or is present at or takes part in the worship or
invocation of any juju which is prohibited by an order of the President or the
governor of a state; or
(e)
Is in
possession of or has control over human remains which are used or are intended
to be used in connection with the worship of invocation of any juju; or
Is in
possession of or has control over human remains which are used or are intended
to be used in connection with the worship of invocation of any juju; or
(f)
Makes or
uses or assists in making, or has in his possession anything whatsoever the
making, use or possession of which has been prohibited by an order as being or
believed to be associated with human sacrifice or other unlawful practice;
Makes or
uses or assists in making, or has in his possession anything whatsoever the
making, use or possession of which has been prohibited by an order as being or
believed to be associated with human sacrifice or other unlawful practice;
Is guilty of a misdemeanor, and is liable to
imprisonment for two years.
imprisonment for two years.
Thus, if you
fly on a broom at night persons who are identified as witches can be
prosecuted in the court of law. However, I am yet to witness anyone being
prosecuted under this law, I wonder if with the superstitious nature of
Nigerians any policeman will like to be the prosecutor or if the Judge will be
reluctant to take the matter in court.Who want make winsh come meet am for
night. Furthermore,
Section 213 states that-
fly on a broom at night
prosecuted in the court of law. However, I am yet to witness anyone being
prosecuted under this law, I wonder if with the superstitious nature of
Nigerians any policeman will like to be the prosecutor or if the Judge will be
reluctant to take the matter in court.
night
Section 213 states that-
Any person who –
(a)
Makes,
sells or keeps for sale or for hire or reward, any fetish or charm which is
pretended or reputed to possess power to protect burglars, robbers, thieves or
other malefactors, or to aid or assist in any way in the perpetration of any burglary,
housebreaking, robbery or theft, or in the perpetuation of any offence
whatsoever, or to prevent, hinder or delay the detection of or conviction for
any offence whatsoever; or
Makes,
sells or keeps for sale or for hire or reward, any fetish or charm which is
pretended or reputed to possess power to protect burglars, robbers, thieves or
other malefactors, or to aid or assist in any way in the perpetration of any burglary,
housebreaking, robbery or theft, or in the perpetuation of any offence
whatsoever, or to prevent, hinder or delay the detection of or conviction for
any offence whatsoever; or
(b)
Is found
having in his possession without lawful and reasonable excuse (the proof of
which excuse shall lie on such person) any such fetish or charm as aforesaid;Is guilty of a felony, and is liable on
imprisonment for five years.
Is found
having in his possession without lawful and reasonable excuse (the proof of
which excuse shall lie on such person) any such fetish or charm as aforesaid;Is guilty of a felony, and is liable on
imprisonment for five years.
This relates to persons who use
charms to perpetuate criminal activities.
charms to perpetuate criminal activities.
Adedunmade Onibokun
@adedunmade
Adedunmade is legal practitioner
in Lagos, Nigeria. He holds a Masters in International Business Law from the
University of Bradford and published the law blog lealnaija.blogspot.com
in Lagos, Nigeria. He holds a Masters in International Business Law from the
University of Bradford and published the law blog lealnaija.blogspot.com