Section 305A of the Criminal Code Act in Nigeria. Breach of contract of person employed in certain services

(1) Any person employed in any undertaking concerned in the supply of electricity or water, who maliciously breaks his contract of service, knowing or having reasonable cause to believe that the probable consequence of his so doing, either alone or in combination with others, will be to deprive the community or any part of thereof either wholly or to a great extent of the supply of electricity or water, is guilty of an offence.

(2) Any person who maliciously breaks a contract of service knowing or having reasonable cause to believe that the probable consequences of his so doing, either alone or in combination with others, will be to endanger human life or seriously to endanger public health, including the health of the inmates of a hospital or similar institution, or to cause serious bodily injury, or to expose valuable property, whether real or personal, to destruction or serious injury, is guilty of an offence.

(3) For the purpose of this section‐

(i) "maliciously" means with the intention of producing any of the consequences set out in subsection (1) or (2) of this section, as the case may be, or with a reckless disregard of whether such consequences are produced or not, and

(ii) the termination of any contract of service, either alone or in combination with others, on less than seven days' notice of intention so to terminate, in such circumstances that the actual or probable consequences of the termination are those set out in subsection (1) or (2) of this section, shall, where length of such notice required by any enactment, or by any contract or services, is more than seven days, be deemed to be a malicious breach of contract, and the words "maliciously breaks" in this section of this Code shall be construed accordingly.

(4) Any person guilty of an offence against any of the provisions of this section of this Code is liable, on conviction, to a fine of one hundred naira or to imprisonment for six months or to both such fine and imprisonment.

(5) No prosecution for an offence under this section of this Code shall be constituted without the written consent of the Attorney‐General of the Federation.

Section 305A of the Criminal Code Act in Nigeria

Act structure