World factbook of criminal justice systems nigeria. English law in nigeria is derived from the colonial nigeria, while common law is a development from its post colonial independence. History and sources of nigerian criminal law book, 1993. Principles of criminal liability in nigerian law book. History of south african law seite 1 a introduction south african law is neither a classical roman, nor a romandutch law nor an english common law and certainly not a traditional african law. The nigerian prisons like the prisons in most developing counties are over flooded with inmates, a majority of whom are awaiting trialconviction. Karibiwhyte spectrum law publishing ibadan, nigeria wikipedia citation please see wikipedias template documentation for further citation fields that may be required.
Criminal law and procedure 01 introduction page 4 of 19 a formal rules logical, formal reasoning. Customary law is derived from indigenous traditional norms and practices, including the dispute resolution meetings of precolonial yoruba land secret societies and the ekpe and okonko of igboland and ibibioland. Criminal code act chapter 77 laws of the federation of nigeria 1990 arrangement of sections the original numbering of sections has been retained in order not to disturb the cross references to those sections in other enactments which are many and will be found throughout the whole edition 1. Free criminal law books download ebooks online textbooks. Modifications to northern states criminal procedure. Law nigeria home page for lagos states justice sector louisiana commission on law enforcement and administration. The customary court is responsible for enforcing the ethnic customary laws. Supplying or procuring any means for use in procuring miscarriage.
The world as it is would be a very cold place if human beings were to live apart from each other, unable to interact or share the same space. Constitutional protections, the legal system in the united. In early times, when the first humans appeared on earth, laws were not. Nigeria criminal justice system, awaiting trial, rigidity of the penal law, holding charges, delay in the disposal of cases. Aug, 2016 the spectacle of law triumphant and justice prostrate should be to him a very sorry spectacle in deed he should know that all said and done the law is, or ought to be, but a handmaid of justice.
Criminal code act united states department of justice. The southern part of nigeria makes use of the criminal code, while the northern part of nigeria makes use of the penal code get the criminal. Historical evolution of nigerian criminal law the jet lawyer. Following the amalgamation of the northern and southern protectorates in 1914 by the british colonial administration, the entity nigeria came into being. This act may be cited as the penal code northern states federal provisions act.
Actus rues module 2 unit 1 general principles of criminal responsibility. The provisions of this act shall take effect subject to the provisions of the penal code northern states federal provisions act. Offences procured or counselled by persons out of nigeria. Criminal law begins with the foundations of law and the legal system and then extensively explores criminal laws and defenses using general state principles, federal law, the constitution, and the model penal code as guidelines. History and sources of nigerian criminal law in searchworks. These are the laws of the indigenous peoples of nigeria prior to the advent of the colonialists. Punishment for assault under nigerian criminal law. Administrative appeals tribunal act 1975 australia. Nigeria s capital territory of nigeria lagos was annexed by the british in 1849. National open university of nigeria national open university of nigeria headquarters 1416 ahmadu bello way criminal law i law 341 iv victoria island lagos abuja annex 245 samuel adesujo ademulegun street central business district opposite arewa suites abuja email. Sep 06, 2017 the provision of section 3612 of the 1999 constitution of the federal republic of nigeria as amended, 2011 which declares that no person shall be convicted of a criminal offence unless that offence is defined and the penalty thereof is prescribed in a written law, has been constituted in a case aoko v. It seems it was when the distinction between the two emerged, together with the idea of compensating victims as distinct from imposing penalty, that the requirement of mens rea took on increasing importance. However, they are only applicable in civil circumstances.
Application of provisions of schedule as law of northern states. The appellant was arraigned and convicted at the trial court on a single count of manslaughter contrary to section 235 of the criminal code law cap. In the southern part of the country, which is largely christian in religion, the criminal code of. Criminal law archives the guardian nigeria news nigeria. Then the newly introduced sharia codes and their introduction will be analysed. The concept of accountability is critical to democracy and the rule of law and it is. Types of law in nigeria and their purpose information. The standard of proof to be used is proof beyond reasonable doubt when dealing with a criminal case. Section 74 of the schedule to the principal law is repealed and the amendment 3 4 of section 74 6 following section is substituted of pcl 1959. The law of sedition in contemporary nigerian criminal law. In the predominantly muslim states of northern nigeria, which contain about half the population of the country, the penal code, law no. Reliable information about the coronavirus covid19 is available from the world health organization current situation, international travel.
It merged however, as the following essay will show, in its long andexciting history elements of all mentioned laws to a specific south african law. Nigerias criminal justice system in 2017 the guardian. In the 1999 constitution of the federal republic of nigeria, which is the supreme law of the. The guardian nigeria newspaper brings you the latest headlines, opinions, political news, business reports and international news. Sentencing and punishment at customary criminal law as well as the english criminal law system were largely predetermined but unlike the english system which allowed for a considerable measure of discretion and flexibility, the customary criminal law seemed to.
Request pdf crime and punishment in igbo customary law. Akinola aguda, brett and mcleans the criminal law and procedure of the six southern states of nigeria, london. Okonkwo and naish on criminal law i n nigeria cyprian okechukwu okonkwo, michael e. Nigerian criminal law pdf free daily epaper of the indian express covers daily news from mumbai, delhi, pune, chandigarh, ahmedabad, kolkata including exlusive magazine reforms. Trial of offences under penal code and other laws 6. According to the blacks law dictionary, criminal justice is the collective institutions which an accused offender passes until the accusations have been disposed of or the assessed punishment is concluded. Criminal law during early times was the result of a shift from tribalismloyalty to a tribe or friendsto feudalisma societal structure focused on owning land in exchange for labor. Abortion in nigeria is governed by two different laws. English law in nigeria is derived from the colonial nigeria, while.
There are certain key differences in the law which reflect the cultural differences between the northern and southern nigeria. In order to do so, a brief outline is given of islamic criminal law and its application in northern nigeria until the recent reintroduction of sharia law. Here we will discus assault under nigerian criminal law. Nigerian criminal law pdf nigerian criminal law pdf nigerian criminal law pdf download.
In the southern part of nigeria, the criminal justice system was administered using the local traditions of the society. Brett, sir lionel and mcclean, ian, the criminal law and procedure of lagos, eastern nigeria and western nigeria, london, 1963, lxxiii, 992 p new edition by by c. History thus, perhaps for the sake of convenience and to separate ancient origin from the time of european international law,3 traces the origin of modern. Criminal defense is actually governed by 2 different laws. Answers to the above questions are likely to take nigeria s concepts of criminal justice, law and policy to the cleaners and would take much more than what this paper has to offer to supply the answers. Repugnancy test and customary criminal law in nigeria. Treatment by another of female with intent to procure miscarriage. The use of international law in the domestic courts of ghana and nigeria 373 western states. History of criminal law the sumerian people from what is now iraq produced the earliest known example of a written set of criminal laws. Theoretically, these features are realized by strict adherence to the. This unit will introduce the students to the history and sources of criminal law in nigeria.
There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia law. The constitution of nigeria is the supreme law of the country. Criminal law, the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders criminal law is only one of the devices by which organized societies protect the security of individual interests and ensure the survival of the group. The law of crimes in nigeria would seem not to have the common law presumption of mens rea in offences generally, as applicable. Therefore, the basis of the nigerian criminal law is the english law. Part 1 general provisions chapter 1 definition of offence.
Mens rea principle and criminal jurisprudence in nigeria 227 those tribes when tort and crime were regarded as one and the same. The history of criminal law michigan criminal lawyer. The legal profession in nigeria derives its origin from the english legal system and legal profession. Attempts at codification of criminal law in england and wales. The law comes in handy for both lawyers and nonlawyers. Numerous and frequentlyupdated resource results are available from this search. The mission of the louisiana commission on law enforcement lcle is to improve the operations of the criminal justice and juvenile justice. This is as a result of our historical links with great britain. The original numbering of sections has been retained in order not to disturb the cross references to those sections in other enactments which are many and will be found throughout the whole edition.
Coordination of hajj matters, the consequential repeal of the nigerian pilgrims. The act which was signed into law in may 2015, has a 495section law divided into 49 parts. The reason why there are two different laws is because the criminal code is for most of the states in southern nigeria, and the penal code is for most of the states in northern nigeria. It would enable the students to know the purpose of criminal law as well as the nature of crime. The administration of criminal justice act, 2015 acja the. The administration of criminal justice act, 2015 acja is unmistakably the hottest law in nigeria presently and it is without doubt due to its wide applicability and revolutionary nature. Criminal law in nigeria, sees punishment simpliciter as the object of criminal law 1.
The nigeria criminal justice system and its effectiveness in criminal behaviour control. Organized crime in nigeria includes a number of fraudsters, drug traffickers and racketeers of various sorts originating from nigeria. An act or omission which renders the person doing the act or. In criminal law textbooks in nigeria and beyond, a crime or offence is said to have been created only when the attendant punishment is also stipulated. You are required to study it a compulsory 300 level four credit course. Constitutionalism is generally marked by three essential features, namely, limited and accountable government, adherence to the rule of law, and protection of fundamental rights. Oclcs webjunction has pulled together information and resources to assist library staff as they consider how to handle coronavirus. Their code, created around 21002050 bc, was the first to create a distinction between criminal and civil wrongdoings. Chapter 1 historical background of criminal law 1 1. State 2 in the charge preferred against the appellants, they were alleged to have committed the offence of culpable homicide punishable with death contrary to section 221b of the penal code in that they inflicted severe injuries on the head of.
In most parts of the north, the criminal justice system was regulated by. Use by female of means of procuring her own miscarriage. Criminal law in nigeria excluding the north cyprian o. It analyzes how islamic law emerged in nigeria toward. The court belongs to the lowest among the courts in nigeria and nonlegally trained individuals do. The criminal law has provisions for every possible kind of crime that would be committed in nigeria. Before the advent of the british to the area now known as nigeria, there were different systems for the administration of criminal law. Criminal law in nigeria involves the directives on the operation of the criminal justice system in nigeria and contains the provision on what actions constitute a crime and the penalties for committing such crimes. Application of code as to offences wholly or partially committed in nigeria. Download pdf islamic criminal law in nigeria free online. Lack of institutional accountability is one of the hallmarks of the criminal justice system in nigeria in 2016.
The customary criminal law has been abolished by various statutes like the penal code and criminal code. A, blacks law dictionary, 7 th edition, west group, st. Nigeria has a pluralized legal system which is due to the nature and sources of its law. National open university of nigeria 2006 first printed. Nigerian criminal gangs rose to prominence in the 1980s, owing much to the globalization of the worlds economies and the high level of lawlessness already in the country. Criminal law in nigeria cyprian okechukwu okonkwo, michael. Okonkwo and naish on criminal law i n nigeria by c. Many persons who may later be found innocent of the crimes alleged spend years in prison while. Empirical evaluation of nigeria criminal justice system. This section contains free ebooks and guides on law books, some of the resources in this section can be viewed online and some of them can be downloaded. Unit 1 general introduction and purpose of criminal law 3 unit 2 the content of crime unit 3 history and sources of nigeria criminal law unit 4 elements of an offence. It is the duty of every government to combat crime. Download islamic criminal law in nigeria ebook pdf or read online books in pdf, epub, and mobi format. High commission for refugees unhcr pdf of act consulted on 20110824.
Criminal code act which is applicable in the southern part of nigeria is an example of criminal law. Nigeria has its own constitution which was established on 29 may 1999. The law of nigeria consists of courts, offences, and various types of laws. Introduction the nigeria criminal justice system cjs over the years has played a crucial role in the maintenance of law and order. The southern part of nigeria makes use of the criminal code, while the northern part of nigeria makes use of the penal code get the criminal lawyer consultation to learn details. The basic content of english common law, which is where our criminal libel laws come from, was developed in the era of absolute monarchy, when kings and queens ruled by divine right and the. It is a compulsory course in your degree programme. Assembly or a law of a state, any subsidiary legislation or instrument under the provisions of a law section 2 of the criminal code which is the primary law on crimes in southern nigeria defines an offence as follows.
Criminal code act chapter 77 laws of the federation of nigeria 1990 an act to establish a code of criminal law. Criminal procedure code criminal procedure code arrangement of sections the original numbering of the sections has been retained section 1. A socialpsychological analysis article pdf available february 2017 with 23,271 reads how we measure. The challenge of nigerian criminal jurisprudence every society has its own means of controlling the social behaviour of its citizens in.