EXAMPLE OF SEDITIOUS WORS AND / OR PUBLICATION

The provision of the penal code pc and criminal code cc or seditious word, are
interesting firstly, under the cc seditious words having a seditious intention.
Section 50 (2) of the criminal code defines seditious intention as an intention
to;
a. Bring into hatred or a contempt or exercise disaffection against the person
f the president r of the governor of a state or the government of the
federation or.
b. Excite the citizens or offer inhabitants of Nigeria to attempt to procure
the alteration, otherwise, than by law established ;or
c. Raise discontent or disaffection amongst the citizens or to her inhabitants
of Nigeria; or
d. Promote feelings of all ill will or nostrilty between different classes of
population in Nigeria.
Examples of such words and / or publication are;
O.P.PV Obi

And the accused was liable for sedition.

Iii R V Aldred , where the accused publicly approved a political assassination
the implication being that, other should initiate such actions, he was held liable
under English law.
Iv R V African press: where the accused publicly castigated members of the
police force and of the legal department and accused them of partially and
corruption in the administration of justice. It was held that was guilty of
sedition.
Words whether spoken or written are normally interpreted with regard to
the prevailing situation.
In R V Agwuna , the english course dictum in Aldred was adopted.

Howerve, an act , speech or publication is not seditious by reason only

that it intends to;
1. Show that the president or governor of a state has been misused or
mistaken in any measure; or
2. Point out or defects in the government or constitution of Nigeria, or a
state, as by law established or in legislation or in the admistration of
justice with a view to remedying such errors or defection; or
3. Persuade the citizens or other inhabitants of Nigeria to attempt to procure
by lawful means the alteration of any matter in Nigeria as law
established ;or
4. Point out, with a view to their removal, any matters which are producing
or have a tendency to produce feelings of ill- will enmity between
different classes of the population of Nigeria.
In determining whether particular words were published with seditious intention
may be inference from the conduct of the accused at the time of commusion of
the offence .
Section 416 421 of the penal code ( Nottum Regon) federal provision,
ordinance 1960 contain provision on the offence in the criminal code. As was
stated earlier , it is not a requirement of the offence of sedition under either the
pc or cc that there should be incitement of violence before a court can find that
there was seditious intention. In WALLACE Johnson V the king the appellant
was charged with unlawfully publishing a seditious writing of and concerning
government of the gold coast contrary to section 330(2) (b) of the criminal
code. The second court charged him with unlawful possession of documents
containing seditious writing concerning the same government, the appellant
published an article signed Effective which contained.
PROOF OF SEDITIOUS INTENTION
Under the common law, proof that the accused person intended to promote illwill and hostility among different segments, classes, races or tribes does not by
itself constitute seditious intention.
This may however amount to the offence of promoting inter communal war
under section 42 of the cc or inciting breach of the public peace under section
114 of the pc.

In England, there must be an incitement to violence or to create public

disturbance or disorder against institutions of government, but under Nigerian
law, there need not be an incitement to violence for sedition to be constitute