Criminal Law of Nigeria
1. Sources of Criminal Law in Nigeria
Criminal law in Nigeria is derived from multiple sources. The primary sources include the Constitution of the Federal Republic of Nigeria, 1999, Criminal Code Act, Penal Code, Administration of Criminal Justice Act (ACJA), 2015, and judicial precedents. The Criminal Code applies mainly in Southern Nigeria, while the Penal Code operates in Northern Nigeria. In addition, some states have enacted their own criminal laws, such as the Lagos State Criminal Law. Customary law and Islamic law (Sharia) may also apply in limited circumstances, provided they are not inconsistent with the Constitution.
2. Elements of a Crime under Nigerian Criminal Law
Under Nigerian criminal law, for an offence to be established, two essential elements must be proved: actus reus (the physical act or omission) and mens rea (the guilty mind). Actus reus refers to the voluntary conduct of the accused that constitutes the offence, while mens rea includes intention, recklessness, or negligence. Both elements must coexist at the same time, except in strict liability offences where mens rea is not required. The prosecution bears the burden of proving these elements beyond reasonable doubt.
3. Burden and Standard of Proof in Criminal Cases
In criminal trials in Nigeria, the burden of proof rests on the prosecution, in accordance with Section 135 of the Evidence Act, 2011. The standard of proof is beyond reasonable doubt, meaning the prosecution must establish the guilt of the accused with a high degree of certainty. However, where an accused raises a defence such as insanity, provocation, or self-defence, the burden shifts slightly to the accused to prove such defence on the balance of probabilities.
4. Criminal Responsibility and Age
Criminal responsibility in Nigeria depends on the age and mental capacity of the accused. Under the Criminal Code, a child under 7 years is absolutely presumed incapable of committing a crime. A child between 7 and 12 years is presumed incapable unless it is proved that the child had the capacity to know the act was wrong. Under the Penal Code, criminal responsibility begins at 7 years, subject to maturity of understanding. These provisions aim to protect children while ensuring justice.
5. Punishments under Nigerian Criminal Law
Punishments under Nigerian criminal law vary depending on the offence. Common punishments include imprisonment, fine, death penalty (for offences such as murder and armed robbery), corporal punishment (under some state laws), and community service. Courts also have discretion to impose concurrent or consecutive sentences. The objective of punishment includes deterrence, retribution, rehabilitation, and protection of society.
6. Classification of Offences in Nigeria
Offences under Nigerian criminal law are generally classified into felonies, misdemeanours, and simple offences.
- Felonies are serious crimes punishable with death or long-term imprisonment, such as murder, armed robbery, and rape.
- Misdemeanours are less serious offences punishable with imprisonment for a shorter term, such as assault occasioning harm.
- Simple offences attract minor punishments like fines or short-term imprisonment.
This classification determines jurisdiction, mode of trial, and severity of punishment.
7. Defences under Nigerian Criminal Law
Common defences recognized under Nigerian criminal law include insanity, self-defence, provocation, accident, alibi, intoxication, and necessity. These defences are provided under the Criminal Code and Penal Code. Once raised, the prosecution must disprove them beyond reasonable doubt, except where the law places a limited burden on the accused. A successful defence may lead to acquittal or reduction of liability.
8. Role of the Police in Criminal Justice System
The Nigeria Police Force plays a central role in the criminal justice system. Its functions include prevention and detection of crime, arrest of suspects, investigation, and prosecution in minor cases. Police officers have statutory powers to arrest with or without warrant, conduct searches, and detain suspects subject to constitutional safeguards. Abuse of police powers may render evidence inadmissible and violate fundamental rights.
9. Arrest and Rights of an Accused Person
An arrested person in Nigeria has constitutional rights under Section 35 of the 1999 Constitution, including the right to personal liberty, right to remain silent, and right to consult a legal practitioner. The accused must be informed promptly of the reasons for arrest and brought before a court within a reasonable time. Unlawful arrest or detention may give rise to a claim for damages.
10. Criminal Trials in Nigeria
Criminal trials in Nigeria are conducted in accordance with the Administration of Criminal Justice Act (ACJA), 2015 and corresponding state laws. The process includes arraignment, plea, presentation of prosecution and defence cases, examination of witnesses, addresses of counsel, and judgment. Trials must be conducted fairly, publicly, and within a reasonable time. The goal is to ensure justice for both the accused and society.
11. Concept of Mens Rea in Nigerian Criminal Law
Mens rea refers to the guilty mind or mental element required to establish criminal liability. Under Nigerian criminal law, mens rea may take the form of intention, knowledge, recklessness, or negligence. For most offences, the prosecution must prove that the accused had the required mens rea at the time of committing the act. However, in strict liability offences, mens rea is not required. Nigerian courts strictly interpret mens rea to ensure that innocent persons are not punished without proof of fault.
12. Doctrine of Actus Non Facit Reum Nisi Mens Sit Rea
This doctrine means that the act does not make a person guilty unless the mind is also guilty. It is a fundamental principle of Nigerian criminal law. Both the act (actus reus) and the mental element (mens rea) must coexist for criminal liability to arise. The doctrine protects individuals from being convicted solely based on conduct without criminal intention, except where the law expressly dispenses with mens rea.
13. Confession and Its Admissibility
A confession is an admission by the accused that he committed the offence. Under Nigerian law, a confession is admissible only if it is voluntary. If the accused alleges that the confession was obtained by threat, inducement, or oppression, the court conducts a trial within trial to determine its voluntariness. A voluntary confession alone can ground a conviction, even without corroboration, provided it is direct and positive.
14. Bail in Criminal Proceedings
Bail is the temporary release of an accused person pending trial. Under Nigerian criminal law, bail may be granted by the police or the court, depending on the stage of proceedings. For minor offences, bail is granted as of right, while for serious offences like murder, bail is at the discretion of the court. The purpose of bail is to ensure the accused’s attendance at trial without unnecessary detention.
15. Appeals in Criminal Cases
Appeals in criminal cases in Nigeria allow a convicted or dissatisfied party to challenge the decision of a lower court. Appeals may be based on errors of law, facts, or mixed law and facts. Appeals lie from Magistrate Courts to High Courts, and further to the Court of Appeal and the Supreme Court. The appellate court may affirm, vary, or set aside the conviction or sentence to ensure justice.