Section 434 of the Criminal Code Act in Nigeria. Trustees fraudulently disposing of trust property

Any person who, being a trustee of any property, destroys the property with intent to defraud, or, with intent to defraud, converts the property to any use unauthorised by the trust, is guilty of a felony and is liable to imprisonment for seven years.

The offender cannot be arrested without warrant.

If civil proceedings have been taken against a trustee in respect of any act done by him, which is an offence under the provisions of this section of this Code, he cannot be afterwards prosecuted for the same cause, as for an offence, on the complaint of the person by whom the civil proceedings were taken without the sanction of the court or judge before whom the civil proceedings were had or are pending.

For the purposes of this section, the term "trustee" includes the following persons and no others‐

(a) trustees upon express trusts created by a deed, will, or instrument in writing, whether for a public or private or charitable purpose;

(b) trustees appointed by or under the authority of an Act, law or statute for any such purpose;

(c) persons upon whom the duties of any such trust as aforesaid devolve;

(d) executors and administrators.

Section 434 of the Criminal Code Act in Nigeria

Act structure