Any person who, being employed in the public service, does or directs to be done in abuse of the authority of his office, any arbitrary act prejudicial to the rights of another, is guilty of a misdemeanour and is liable to imprisonment for two years.
If the act is done or directed to be done for purposes of gain he is guilty of a felony, and is liable to imprisonment for three years.
The offender cannot be arrested without warrant.
A prosecution for any offence under this or any of the last three preceding sections shall not be instituted except by or with the consent of a law officer.
Section 104 of the Criminal Code Act in Nigeria
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