Section 234 of the Criminal Code Act in Nigeria. Common nuisances

Any person who‐

(a) obstructs any highway, by any permanent work or erection thereon or injury thereto, which renders the highway less commodious to the public than it would otherwise be; or

(b) prevents the public from having access to any part of a highway by an excessive and unreasonable temporary use thereof, or by so dealing with the land in the immediate neighbourhood of the highway as to prevent the public from using and enjoying it securely; or

(c) does not repair a highway which he is bound to repair; or

(d) does not repair a bridge which he is bound to repair; or

(e) wilfully diverts or obstructs the course of any navigable river so as to appreciably diminish its convenience for purposes of navigation; or

(f) does any act not warranted by law, or omits to discharge any legal duty, which act or omission obstructs or causes inconvenience or damage to the public in the exercise of rights common to the public,

is guilty of a misdemeanor and is liable to imprisonment for two years.

It is immaterial whether the act complained of is convenient to a larger number of the public than it inconveniences, but the fact that the act complained of facilitates the lawful exercise of their rights by a part of the public, may show that it is not a nuisance to any of the public.

The owner of a vessel wrecked in a navigable river is not guilty of a common nuisance because he does not remove it.

Section 234 of the Criminal Code Act in Nigeria

Act structure