Nigerian Penal Code Act

Section 10 - Public officer.

The words "public officer" denote a person falling under any of the descriptions hereinafter following, that is to say-

(a) every person appointed by the Government of the Federation or of a State while serving the Federal Capital Territory, Abuja;

(b) every person not coming within the description set out in paragraph (a) of this section who is in the service of the Government or local authority in a judicial, or quasi-judicial, executive, administrative or clerical capacity;

(c) every commissioned officer of the Nigerian Armed Forces;

(d) every assessor or other person assisting a court of justice or a public officer exercising judicial or quasi-judicial functions, while acting in that capacity;

(e) every arbitrator or other person to whom a cause or matter has been referred for decision or report by a court of justice or by any other competent public authority, while acting in that capacity;

(f) every officer or other person not being a member who is appointed to perform a duty in connection with the discharge of its functions by a body forming part of the National Assembly.

(g) every person who is in the service of any public corporation established by any Act or Law.

Explanation

In this section public duties include duties to be performed for the protection, preservation or promotion of the public health, order, safety or convenience and duties to be performed for the protection of the pecuniary interests of or for carrying on the work of the Federal Capital Territory, Abuja, municipal or other local authority.

Explanation

The expression "public officer" applies to every person who is in actual occupation of the post of a public officer whatever legal defect there may be in his right to hold such post.

Reproduced for reference only - this is not legal advice. Legislation can be amended or repealed; verify the current authoritative text with official sources before relying on it. Report a content issue.