(1) A prosecution for an offence under the two last preceding sections shall not be instituted except with the consent of the Attorney‐General of the Federation:
[L.N. 148 of 1959.]
Provided that a person charged with such an offence may be arrested or a warrant for his arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney‐General of the Federation to the institution of a prosecution for the offence has not been obtained, but no further or other proceedings shall be taken until that consent has been obtained.
(2) In any prosecution for an offence under sections 63 and 64 of this Code it shall not be necessary to prove that the society consisted of ten or more members; but it shall be sufficient to prove the existence of a combination of persons, and the onus shall then rest with the accused to prove that the number of members of such combination did not amount to ten.
(3) Any person who attends a meeting of an unlawful society shall be presumed, until and unless the contrary is proved, to be a member of the society.
(4) Any person who has in his possession or custody or under his control any of the insignia, banners, arms, books, papers, documents, or other property belonging to an unlawful society, or wears any of the insignia or is marked with any mark of the society, shall be presumed, unless and until the contrary is proved, to be a member of the society.
Section 65 of the Criminal Code Act in Nigeria