You protest, you go to Jail. Reps Threatens as Bill is in progress

The House of Representatives yesterday presented for consideration, a bill seeking to jail unlawful protesters in the country.

The Bill entitled: ‘AN ACT TO AMEND THE CRIMINAL CODE ACT, CAP 38, LAWS OF THE FEDERATION OF NIGERIA, 2004 TO FURTHER PRESERVE THE SANCTITY OF HUMAN LIFE AND PROPERTY, AND TO PROVIDE SPECIFICALLY FOR MOB ACTION, PRESCRIBE PUNISHMENT AND OTHER MATTERS’, is sponsored by Rep. Emeka Chinedu Martins(PDP-Imo).

The provisions of the proposed Act, are as follows: (1) The provisions of the Criminal Code Act, (in this Bill referred to as the “Principal Act”) is amended as set out in this Bill (2) Substitute for section 69 of the Principal Act, a new section 69.

“Definitions: Unlawful assembly, Riot, Mob action (a) When three or more persons, with intent to carry out some common purpose, assemble in such a manner or, being assembled, conduct themselves in such a manner as to cause persons in the neighbourhood to fear on reasonable grounds that the persons so assembled will tumultuously disturb the peace, or will by such assembly needlessly and without any reasonable occasion provoke other persons tumultuously to disturb the peace, they are an unlawful assembly.

It is immaterial that the original assembling was lawful if, being assembled; they conduct themselves with a common purpose in such a manner as aforesaid”.

It also states that (b) “An assembly of three or more persons who assemble for the purpose of protecting any house against persons threatening to break and enter the house in order to commit a felony or misdemeanour therein is not an unlawful assembly.

“(c) When an unlawful assembly has begun to act in so tumultuous a manner as to disturb the peace, the assembly is called a riot, and the persons assembled are said to be riotously assembled.

“(d) When an unlawful assembly becomes violent as to commit unlawful acts against any person or property, the assembly is called a mob and their violent act is referred to as mob action”.

It adds that “(a) Any person who takes part in a riot is guilty of a felony and is liable to imprisonment for three years.

“(b) Any person who takes part in a mob action is guilty of a felony and is liable to imprisonment for five years.

(4) Substitute for Section 76 of the Principal Act, a new section 76:
(a) Section 76. Mob action against any person or property.

“Any persons who assembled together as a mob to commit violent act against any person or property are guilty of a felony and each of them is liable to imprisonment for life”.

The Bill explains that it “seeks to amend the Criminal Code Act, Cap 38, Laws of the Federation of Nigeria, 2004 to further preserve the sanctity of human life and property, and to provide specifically for the crime of mob action, prescribe punishment and other matters connected therewith”.

The sponsor of the piece of legislation against unlawful protesters, in his lead debate, said: “Mr Speaker, my highly respected colleagues, permit me to lead the debate on this very important Bill titled the Criminal Code Act Amendment Bill, 2021.

“This Bill was read for the first time in this Hallowed Chamber. Mr. Speaker, my honourable colleagues, this Bill seeks to amend the Criminal Code Act Cap 38, Laws of the Federation of Nigeria, 2004, to provide specifically for the crime of mob action, prescribe punishment and for other related matters”.