This is contained in a document shared with this reporter by the programme officer, Mr Quadri, but not published online. 4. But, if it was a bag filled with money being converted, that would be another story. Mr Adewunmi says: "It would be wrong to ignore the potential for arbitrary arrests and human rights abuses that stem from policing these crimes. It is important you are aware of these facts to enable you participate fully in the system of things in Nigeria. Jurisdiction of Chief Magistrate 16. "This law was created in 1960, and this is a clear case where the punishment for a serious crime is ridiculously mild. money laundering is specifically criminalised under the Money Laundering Act. Such improvement, Mr Adewunmi said, would help reduce the stress on legal practitioners who have to sift through varying and sometimes conflicting laws for cases. Prison records from the National Bureau of Statistics show that in 2016 there were 47,702 persons in prison who were incarcerated for stealing. The crime accounted for more than 50 per cent of the entire prison population. 1, 1916, in Laws of the Federation of Nigeria (in force on the 31st day of December 2002), Ch. Please try again later. 217. 2004. He stole a Blackberry phone valued at N17,000. 219. Authority and Application. The code also preserved the punishment of hard lashing; s.68(2). SOURCES. Criminal Code Act. He was charged under multiple laws, yet was convicted on the mildest one. The provisions of this Act shall take effect subject to the provisions of the Penal Code (Northern States) Federal Provisions Act. 353 cases of abuse of office were investigated by CCB from 2007 to 2013. Lecture delivered by Dr Mrs. M.A. This would help reduce the effects of potential misuse and abuse what would create a holistic criminal justice system.". To address comments or complaints, please Contact us. Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. The code also preserved the punishment of hard lashing; s.68(2). of Nigeria. Criminal defense is actually governed by 2 different laws. Nigeria Penal Code Act. The Penal Code – this is applicable in all the Northern States The Criminal Laws of Lagos – this is applicable only in Lagos State The Violence Against Persons Prohibition Act – this was passed as a law only applicable in the FCT Abuja, however a number of States around the country have now passed their own versions of the Law applicable in the respective States. However, the information below will help to open your eyes on the system of things regarding criminal law, and if you have further questions, you can contact a criminal defense attorney for further to get information. To complete the process, please follow the instructions in the email we just sent you. In January of 2013, John Yusuf, a former director in the federal civil service was convicted of criminal misappropriation to which he pleaded guilty in an Abuja High Court. » Law & Human Rights » Why Criminal and Penal Codes cannot be merged – Kano AG Why Criminal and Penal Codes cannot be merged – Kano AG On March 14, 2013 1:09 am In Law & Human Rights by vanguard Mr Adewunmi explains that the line 'imprisonment for a term which may extend' sets two years for such a crime as the maximum punishment and it is within the court's jurisdiction to give a sentence that is even lower. There is no doubt that most of the crimes that are now labeled as cyber crimes are already contained in the Criminal and Penal Code Act respectively. By the provision of S.3(1) of the Penal Code it is applicable in the Northern States while by the provision of S.1A of the Criminal Code it is applicable in the Southern States. 1A. However, there has been little to no advocacy towards its implementation, as it remains a proposal. "One of the suggestions we are making is that offences that carry the punishment of three years of imprisonment and below can be commuted to alternative sentences. 42 of both the 1948 a nd 1958 Laws of Nigeria. 2. An Act to establish a code of criminal law. Purpose. Other petty offences that are still criminalised in Nigeria include public nuisance (Section 183-203 of penal codes) ”and being a vagabond” (Section 405-410 penal codes) among others. Forbes Africa Names Top 10 Richest African Artists, Sudan Accused of Stirring Hornet's Nest, Stealing Ethiopian Land, Tropical Cyclone Chalane Hits Mozambique Channel, Zimbabwean Prophet Uebert Faces Tough Times. The definitions of rape in both the criminal and penal codes both state that a man commits rape when he has carnal knowledge of a woman against her will, without her consent, or if that consent was gotten by coercion. You would always find a law to detain or charge someone with if every infraction is criminalised. In 2013, the House of Representatives Minority Whip, Samson Osagie, led nine others to move a motion that called the National Assembly to review provisions of the Penal and Criminal Codes to provide stiffer punishment for such matters. Things do not work this way in the Nigerian criminal law. The case of the former Governor of Zamfara state who was alleged to have married a 13 year old girl from Egypt comes in handy. The criminal justice system is a triune entity comprising the police, courts and correctional service and each must reflect the goal of a more reformative and rehabilitative regime of punishment. Get the latest in African news delivered straight to your inbox. These laws are the where most (not all) of the criminal laws are, it contains provisions on what actions constitute a crime, and what the penalties are for committing the crimes. This criminal code is only applicable in most Southern states in Nigeria while the Northern states adopt the penal code. The Penal Code operates in northern states, with abortion laws contained in sections 232, 233, and 234. It is very important that you know the law and constitution of your country in … Uganda: Kampala-Entebbe Expressway, World's Most Expensive Road? We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Ed. 218. dishonest misappropriation and criminal breach of trust are found mainly in the Criminal Code and Penal Code. Civil law: It is a legal action that can never lead to imprisonment or punishment or fine. 1A. CHAPTER XVIII OFFENCES AFFECTING THE HUMAN BODY Offences affecting Life 220. 2004. 1st day of June 1916 . Unlawful possession of human head. Offences under other laws 14. nigerian police penal code Criminal Code Act Chapter 77, Complete document pdf 693 KB Criminal Code Act Chapter 77. One early morning in November 2013, Adepoju Jamiu woke up to observe the first of the five Islamic daily prayers at Okela, a community in Ondo State. 207, Jun. penal-code-laws-in-nigeria 1/5 Downloaded from ny.hearstfdn.org on December 20, 2020 by guest [DOC] Penal Code Laws In Nigeria As recognized, adventure as capably as experience nearly lesson, amusement, as with ease as harmony can be gotten by just checking out a book penal code laws in nigeria in addition to it is not directly done, you could If there is no law against it, then it is not a crime. defends federal charges: The religious source refers to the Sharia Law. Northern Nigeria - The Penal Code. Laws governing criminal law in Nigeria. Under the Penal Code (applicable in Northern part of Nigeria), it goes further to say even where the girl is a wife of the person, such person will be guilty of rape if she has not attained puberty. Jurisdiction of High Court 15. His case drew the attention of the people, not because he pleaded guilty to betraying the trust and fraudulently converting N2 billion of police pension funds to private use. 208, Jun. Just after the prayer, 23-year-old Jamiu "fell into temptation". They are: The criminal codes and; The penal codes; The southern part of Nigeria makes use of the criminal code, while the northern part of Nigeria makes use of the … It is some of these loopholes and the need to ensure conformity in all the criminal laws that necessitates the overhauling of the extant law. While the Criminal Code applies in the Southern States of Nigeria, the Penal Code applies in the Northern States of Nigeria. Punishment for criminal misappropriation is also inconsistent and needs a review in the law. Other petty offences that are still criminalised in Nigeria include public nuisance (Section 183-203 of penal codes) "and being a vagabond" (Section 405-410 penal codes) among others. This may have been appropriate when it was a crime of a man stealing another's goat that had been kept in his possession. The Centre for Socio-Legal Studies (CSLS), a Non-Governmental Organisation set up in 2006 for the purpose of introducing a multidisciplinary approach to solving the problems in Nigeria's criminal justice sector, shares a perspective on how to solve this. 38, Rev. Criminal Code became Cap. The sections of the Penal Code parallel the Criminal Code, besides the exception for abortion with the purpose of saving the life of the mother. Repeal and Saving. However, most of the laws are i… You should not wait till you are compelled by situation to search for adequate knowledge on this issue. Where are these laws derived from? Criminal defense is actually governed by 2 different laws. Photo credit: Speaker's Media Office. Act 9 Penal Code Act 2008 THE PENAL CODE ACT, 2008 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY PROVISIONS Section 1. You have a right to a lawyer, you have a right to understand your charges.The police is supposed to read you your right at the point of arrest after they have told you of the offense for which you are arrested. Laws of the Federation of Nigeria 1990 . defends federal charges, Davido’s House and Cars – Worth & Pictures, Business Administration Courses in Nigeria & Requirements, Saint Obi: Biography, Career, Movies & More, List of Science Courses in Nekede Polytechnic, The Lagos State Ministry of Education (Facts and Vacancies), Online University in Nigeria: How to Enroll. The Penal Code contained some elements of Islamic law through the criminalisation of certain acts like Adultery; SS.387 and 388, Drinking of Alcohol; s.403, insulting the modesty of Muslim Women; s.400. All laws and their punishments need to be reviewed in order to deliver justice and to be perceived as doing so by those it governs. This we hope would mount useful pressure of the government to fast track the vision of the new Correctional Services Act 2019, by establishing facilities for alternative sentencing," she said. The introduction, in 1904, of a Criminal Code in Northern Nigeria did not entail the abolition of Shari’a criminal law. The case of seven-year-old Imran Usman, a student of a school for children with disabilities in Kuje Abuja was one that alarmed many in April 2019. Mr Adewunmi explains that the case of Mr John is peculiar. Criminal Code Act of Nigeria, sec. Section 55 (1) (d), subject to customs that have been recognized as lawful, allows a husband to “correct [] his wife” as long as it does not amount to “grievous hurt.”. Section 55 (1) (d) of the Penal Code of Northern Nigeria provides that an assault by a man on a woman is not an offense if they are married, if native law or custom recognizes such “correction” as lawful, and if there is no grievous hurt. Read the original article on Premium Times. Rather, it was the punishment the courts gave as a sentence: two years in prison with a fine of N250,000 that left people gobsmacked. The action can only be described as a crime if it is recorded as crime in the criminal defense law. The Penal Code Act. By setting a minimum number of mandatory sentencing, you guide against judges who may be partisan.". 2020 - A Topsy Turvy Year for African Business! 1. Mrs Quadri said her organisation aims to create a draft law that would review such provisions. 5. 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The provisions of the Criminal Code indicate that rape can only be committed by persons of the male gender. Jamiu was sentenced to three years in prison without an option of fine. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct. Thus, Customary Criminal Law is no more applicable in the north due to the provision of S.3(2) of the Penal Code. Though it is still under investigation, the fact that a crime of sodomy does not exist under our criminal or penal codes is a reality that may impede access to justice. It was undertaken by Epiphany Azinge (SAN) to amend the existing law amongst others. tion 77 of the Penal Code of the Northern States except in a case where a sentence of whipping could have been passed in accordance with section 18 of the Criminal Code or section 387 of the Criminal Procedure Act. 11 natural justice, equity and good conscience. Application of provisions of Schedule as Law of Northern States (1) The provisions contained in the Schedule to this Act shall apply in respect of the Northern States and shall be read as the law of that territory and as such form part of the Penal Code contained in the Schedule to the Penal Code Law, 1959, of the Northern Jurisdiction of magistrate of third grade 19. 223. 1, 1916, in Laws of the Federation of Nigeria (in force on the 31st day of December 2002), Ch. In addition to this, we are creating the crimes of sexual assault and harassment with explicit definitions, so that it can be prosecuted in the courts. Jurisdiction of magistrate of second grade 18. CRIMINAL CODE ACT 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.] It contains crimes like murder, rape, armed robbery, fraud, witchcraft (yes, witchcraft is a crime in Nigeria) and much more. This same ignorance would make some people plead guilty in court with the hope of the judge setting them free out of sympathy. Section 282 of the Northern Nigeria Penal Code and section 357 of the Criminal Code exempts perpetrators of rape within marriage from punishment. Title and Commencement. Conviction for Offences Committed Within Southern Sudan. Once this happens, you become a number in a system with limited access to justice.". 22. House of Representatives plenary on Tuesday, 17th September, 2019. On April 30, 2019, Daily Trust reported that the Chief Judge of the F.C.T High Court, Ishaq Bello, said that the criminal justice systems in African countries, including Nigeria, "have a common denominator which is widespread criminalisation and punishment of petty offences.". THE POWERS OF CRIMINAL COURTS SECTION 12. "When the motion was moved on the 30th of January 2013, it was agreed that the EFCC and the AGF would appeal the judgement with a view to seeking stricter punishment for the offence and that the National Assembly should set a machinery in motion to review the Penal and Criminal Codes to provide stricter punishment in such cases. This child described to journalists how he had been sodomised and forced to perform oral sex on older schoolmates amongst other molestations. Never allow the law enforcement agents to deceive you into believing in a lie so that they do not rope you into an offense you do not commit or make you go to prison for an offense that should not attract prison sentence. Ed. "The only law that would allow someone like this have its day in court is the Violence Against a Person (Prohibition) Act, and it is limited in the jurisdiction, and this would limit the access to justice of many.". 221. Amnesty International is aware of the Nigerian courts having passed at least 33 death sentences since 1999. They are: 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). 2. Some of the sources are disused below. Ignorance of the Law has put so many people in prison today and they are suffering wrongfully because they are not aware of what they are supposed to be aware of. The Penal Code's … 3. For instance, Section 308 of the Penal Code Act states, "Whoever dishonestly misappropriates or converts to his own use any movable property, commits criminal appropriation" and Section 309 of the Penal code reads, "Whoever commits criminal misappropriation shall be punished with imprisonment for a term which may extend to two years or with fine or with both.". Cap. According to Section 357 of the Criminal Code, "rape occurs when a person has unlawful carnal knowledge of a woman without her consent, if with her consent, by means of threat or intimidation while. "We are taking what exists in laws like the VAPPA and improving on it so that all Nigeria could have a single body of laws that protects them and gives them their day in court.". In the face of Nigerian law, only women can be raped under the law. Chapter 77 . 3. This is true for anyone, those seeking legal help in Fresno, USA or right here in Nigeria. The criminal laws and every law related to crime (including the money laundering act) are all placed under the criminal code. Cannibalism. 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According to Section 390 of the criminal code: "Any person who steals anything capable of being stolen is guilty of a felony and is liable, if no other punishment is provided, to imprisonment for three years.". We operate from Cape Town, Dakar, Abuja, Johannesburg, Nairobi and Washington DC. 7. C41.] The defence of self-defence is a complete defence under the Criminal Code and the Penal Code and a successful defence of self-defence leads to the discharge and acquittal of the Accused person. There was a problem processing your submission. Mr Jamiu is confined to prison for three years, and though he was guilty of the crime, the prevailing socio-economic conditions could have influenced his actions. Interpretations. Another attempt at amendment was commissioned by the Nigerian Institute of Advanced Legal Studies(NIALS) which initiated the research project 'Unification of Criminal Laws of Nigeria 2014". Anyone arresting you and accusing you of a crime should also tell you the particular crime you have committed or the particular law you have broken. The sections that deal with "stealing and petty offences" in Nigeria's Criminal Codes is just an instance of the stale provision of the law. "It proves that when the powerful get an opportunity to leverage on the weakness of any law, they will exploit it. For stealing, the Criminal Code Act of the Federal Republic of Nigeria condensed into criminal law legislations in different states of southern Nigeria and the Penal Code which prescribes and proscribes crimes in northern Nigeria pays obeisance to the provisions of Section 36(12). The Penal Code applies to the northern states of Nigeria. In actual fact, the Nigerian law has 3 different sources; they are: The foreign law originates from the following, according to Whitney S. Boan, P.A. Notify me of follow-up comments by email. Mrs Quadri explains that reform of punishments for petty crimes like this would make "rehabilitation be the first method of correction, before resorting to imprisonment. These crimes are believed to contribute to the increasing number of those awaiting trial. By submitting above, you agree to our privacy policy. ", In Section 282 of the Penal Code, the crime occurs when "a man is said to commit rape when he has sexual intercourse with a woman, against her will, without consent, with consent obtained under duress etc.". from the Indian Penal Code, the St. Lucia Criminal Code of 1889 and the Queensland Criminal Code of 1899 respectively. Culpable homicide by causing death of person other than person Other petty offences that are still criminalised in Nigeria include public nuisance (Section 183-203 of penal codes) "and being a vagabond" (Section 405-410 penal codes) among others. Such legal actions include land ownership dispute, landlord/ tenant matters, termination of employment, defamation of character, breach of contract. SECTION 1. Their hands were tied; they applied the letter of the law. C38. Chief Editor 1 Comment criminal justice in nigeria, criminal law and penal code in nigeria, criminal law practice in nigeria, criminal procedure act in nigeria download, pdf on criminal law in nigeria. Example of such actions include cultism, examination malpractices, vandalism, robbery, armed robbery, perjury, bigamy, forgery, obtaining money under false pretense (419), bribery, corruption, kidnapping, attempted suicide, manslaughter, murder, stealing, rape, attempted murder, drug offenses and the like. However, their prayers did not materialise eventually. Http:www.nigeria-law.orgCriminal Procedure Act.htm. Criminal charms. Furthermore, Nigeria practices a system of two codes of Criminal Law: the Penal Code and the Criminal Code. Thus, Customary Criminal Law is no more applicable in the north due to the provision of S.3(2) of the Penal Code. "We are in an era where there is a lot of social awareness when it comes to issues about gender and sexual-based violence," says Adekunle Adewunmi, a lawyer who adds that most laws on the issue are archaic. Nigeria's Chibok Draws Attention to Ongoing Boko Haram Attacks, Africa Pilots Anti-Illicit Financial Flows Project, Nigerian Oil Spill Victims Win Against Shell Group in UK, Davido Makes U-Turn On Quitting Music, Promises More Hits, Nigeria's River State, Oil Giant Shell Bicker Over Kidney Island, Another Lockdown as Nigeria Tries to Stem Covid-19 Second Wave, Nigeria's Academic Union Calls Off Nine-Month Old Strike, Wizkid, Tems Make Obama's Favourite Music List for 2020, Joy as More Than 300 Kidnapped Nigerian Students Freed, No Identity Number? The Criminal and Penal Codes enacted in 1902 and 1960 respectively are still operational over 50 years later. Law officer has the meaning assigned thereto in the Criminal Code. 38, Rev. The abuse of functions is addressed mainly in Section 19, ICPC Act and in Sections 104 and 404, Criminal Code, although not all third party interests are covered. However, the second recommendation to the Justice Committee didn't happen before I left the house in June 2015," Mr Osagie told this reporter. This Act may be cited as the Criminal Code Act. Jurisdiction of magistrate of first grade 17. This was not a case of a lack of better judgement on the part of the courts. There are two types of laws in Nigeria; they are: This write up is concerned more with the criminal law than with Ladan Law but we will define an analyze them none the less. The Criminal Code Act / Laws The Criminal Code Act1 is currently a legislation of general application penalizing criminal acts in Southern Nigeria while the Penal Code Act applies in the North. 222. of the penal codes in Nigeria.Nigeria. AllAfrica publishes around 800 reports a day from more than 130 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We need our codes to proffer punishment for corruption and every concupiscence of it, that would deter people from doing the same.". the criminal code laws of the southern states of nigeria,law project topics and materials,the criminal code laws of the southern states of nigeria Jamiu was sentenced to imprisonment for what lawyers would call a 'petty offence' in a country with a staggering prison population of about 73,995. Culpable homicide defined. The realities of Nigeria's criminal justice system are what perhaps led to revisions like the Nigerian Correctional Services Act, 2019 and Police reform bill of 2019. AllAfrica is a voice of, by and about Africa - aggregating, producing and distributing 800 news and information items daily from over 130 African news organizations and our own reporters to an African and global public. Omolola Quadri, a programme officer at the CSLS says: "In our recommended criminal code, we are making crimes of this nature gender-neutral to reflect prevailing realities. The Penal Code Act (Penal Code) is applicable in the Northern states of Nigeria. When culpable homicide is not punishable with death. "There would be a minimum punishment which would guide sentencing, and reflect the severity of the offence. According to Los Angeles sex crime attorney “Despite there being laws related to violence, sex or even robbery, the lack of awareness of them is one of the leading cause which leads people into trouble”. Criminal Code Act of Nigeria, sec. [Cap. Circumstances in which provisions of Schedule apply The phone belonged to another worshipper, Suleiman Asimiyi. 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As crime in the law delivered straight to your inbox with this reporter by the programme officer Mr... For anyone, those seeking legal help in Fresno, USA or right in... Opponents of governments to government publications and spokespersons on older schoolmates amongst other molestations of law. Offences under Penal Code 1899 respectively s.68 ( 2 ) September, 2019 a nd 1958 laws the... Described to journalists how he had been sodomised and forced to perform oral sex on older amongst! Is inconceivable by CCB from 2007 to 2013 sentencing, and reflect the severity of Criminal... To perform oral sex on older schoolmates amongst other molestations minimum number of mandatory,. Provisions section 1 opportunity to leverage on the mildest one about the Criminal Code in Northern Nigeria did entail... Defamation of character, breach of contract states in Nigeria, USA right. Agree to our privacy policy punishment or fine COMPENSATION 6 Town, Dakar, Abuja, Johannesburg, and... Publications and spokespersons please follow criminal code and penal code in nigeria instructions in the email we just sent you where the punishment of lashing! Of better judgement on the 31st day of December 2002 ), Ch Nigeria while the Northern adopt. Three years in prison without an option of fine, defamation of character, breach contract. As crime in the Criminal defense law: “ in a system with access... Schoolmates amongst other molestations and 1960 respectively are still operational over 50 years later chapter II of! And the Criminal Code Act of Nigeria when it was a bag filled with money being converted, would. Defends Federal charges: the Penal Code applies in the email we just sent you Washington DC of... Would always find a law to detain or charge someone with if every infraction is criminalised, which AllAfrica not. With this reporter by the programme officer, Mr Quadri, but not published online Act Penal! Just after the prayer, 23-year-old Jamiu `` fell into temptation '' amongst other molestations but if... Specifically criminalised under the money laundering Act been appropriate when it was undertaken by Epiphany Azinge ( SAN ) amend. The part of the offence Code Criminal Code Act the weakness of law. Multiple laws, yet was convicted on the mildest one without an option of fine were! 1902 and 1960 respectively are still operational over 50 years later with limited access to justice. `` refers! Second and third periodic reports to CEDAW, Nigeria stated: “ in a document shared this... Man stealing another 's goat that had been sodomised and forced to perform oral sex older. A document shared with this reporter by the programme officer, Mr Quadri, not... Reduce the effects of potential misuse and abuse what would create a holistic Criminal justice system. `` publications. Not work this way in the Criminal Code indicate that rape can only described! San ) to amend the existing law amongst others system of two codes of Criminal law in.. Judgement on the 31st day of December 2002 ), Ch ( Penal Code and section 357 of the gender.