Section 88 of the Criminal Code Act in Nigeria. Unlawful processions

(1) Any persons who assemble together, to the number of three or more, under any of the following circumstances‐

(a) bearing or wearing or having amongst them any firearms, bows and arrows, spear, sword, knife, or other offensive weapon; or

(b) publicly exhibiting any banner, emblem, flag, or symbol, the displaying of which is calculated to promote animosity between persons of different religious faiths or different factions; or

(c) being accompanied by any music, beating of drums, or other noise calculated to promote such animosity,

and, being so assembled, join in any parade or procession for the purpose of celebrating or commemorating any festival, anniversary, or event relating to or connected with any religious or other distinction or difference between persons residing in Nigeria or of demonstrating any such religious or other distinction or difference, are guilty of an offence and each of them is liable to imprisonment for one month.

If the offender is himself bearing or wearing firearms, a bow and arrows, spear, sword, knife or any other offensive weapon he is liable to imprisonment for six months.

(2) When three or more persons are so assembled together it is the duty of a peace officer to make or cause to be made a command in the name of the President, in such words as he thinks fit, to the persons assembled to disperse peaceably.

Any persons who, being so assembled, continue together to the number of three or more, and do not disperse themselves within the space of a quarter of an hour after the giving of the command, are guilty of an offence and each of them is liable to imprisonment for three years.

(3) A judicial officer may issue a warrant in the first instance for the arrest of any such offender, either on the oath of a credible person or on his own view.

Section 88 of the Criminal Code Act in Nigeria

Act structure