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. 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. Purpose. 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. 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. It was undertaken by Epiphany Azinge (SAN) to amend the existing law amongst others. [Cap. 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. 1, 1916, in Laws of the Federation of Nigeria (in force on the 31st day of December 2002), Ch. This is contained in a document shared with this reporter by the programme officer, Mr Quadri, but not published online. Ed. 5. Furthermore, Nigeria practices a system of two codes of Criminal Law: the Penal Code and the Criminal Code. 11 natural justice, equity and good conscience. By submitting above, you agree to our privacy policy. Short title. defends federal charges: The religious source refers to the Sharia Law. But, if it was a bag filled with money being converted, that would be another story. THE POWERS OF CRIMINAL COURTS SECTION 12. 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. Jurisdiction of magistrate of second grade 18. In its second and third periodic reports to CEDAW, Nigeria stated: “In a traditional setting, spousal rape is inconceivable. 42 of both the 1948 a nd 1958 Laws of Nigeria. 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. "There would be a minimum punishment which would guide sentencing, and reflect the severity of the offence. Title and Commencement. 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 … Section 55 (2) goes on to state that the correction must be reasonable in kind or degree with regards to the age, physical, and mental conditions of the person … The Penal Code operates in northern states, with abortion laws contained in sections 232, 233, and 234. 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. He was charged under multiple laws, yet was convicted on the mildest one. 1st day of June 1916 . 2004. Once this happens, you become a number in a system with limited access to justice.". However, their prayers did not materialise eventually. The second category of criminal statutes are the Criminal Code Act, cap 77 Laws of the Federation of Nigeria and the Penal Code Law of 1959 which came into effect in 1960. 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. Just after the prayer, 23-year-old Jamiu "fell into temptation". Section 282 of the Northern Nigeria Penal Code and section 357 of the Criminal Code exempts perpetrators of rape within marriage from punishment. The provisions of this Act shall take effect subject to the provisions of the Penal Code (Northern States) Federal Provisions Act. Some of the sources are disused below. This same ignorance would make some people plead guilty in court with the hope of the judge setting them free out of sympathy. 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. He stole a Blackberry phone valued at N17,000. Law officer has the meaning assigned thereto in the Criminal Code. 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 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. Jurisdiction of High Court 15. Act 9 Penal Code Act 2008 THE PENAL CODE ACT, 2008 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY PROVISIONS Section 1. Culpable homicide by causing death of person other than person 222. Criminal Code Act of Nigeria, sec. CHAPTER XVIII OFFENCES AFFECTING THE HUMAN BODY Offences affecting Life 220. This would help reduce the effects of potential misuse and abuse what would create a holistic criminal justice system.". 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. You should not wait till you are compelled by situation to search for adequate knowledge on this issue. 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.”. The phone belonged to another worshipper, Suleiman Asimiyi. The code also preserved the punishment of hard lashing; s.68(2). Interpretations. Jurisdiction of magistrate of third grade 19. The Penal Code applies to the northern states of Nigeria. 3. Uganda: Kampala-Entebbe Expressway, World's Most Expensive Road? This is true for anyone, those seeking legal help in Fresno, USA or right here in Nigeria. Notify me of follow-up comments by email. 1A. Thus, Customary Criminal Law is no more applicable in the north due to the provision of S.3(2) of the Penal Code. 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. 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. Mrs Quadri said her organisation aims to create a draft law that would review such provisions. Sets Up Clinic for Depressed, Abused Women, Sex-for-Grades Documentary - BBC 'Victimises' Reporter Over Media Report, Landmine Kills Seven Hunters Chasing Boko Haram Terrorists in Borno, Lafarge, Jabi Mall, Grand Pela, 31 Other Firms Enjoying Tax Holiday in Nigeria (Full List), Deeper Life School - Akwa Ibom Withdraws From Sexual Abuse Probe, Deeper Life School - Akwa Ibom Govt Hands Off Investigation Into Alleged Sexual Abuse, Alleged Forgery - Court Admits Documents Against Obaseki, BUA's Kabiru Rabiu Ranked Again As Africa's Under-40 Economic Leader, BUA's Kabiru Rabiu Tops Ranking of Africa's '100 Economic Leaders for Tomorrow', 2021 UTME - No Date Fixed for Sale of Application Documents Yet-JAMB. 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. However, there has been little to no advocacy towards its implementation, as it remains a proposal. Criminal law: This deals with crime. Nigeria Penal Code Act. Criminal defense is actually governed by 2 different laws. 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. Such legal actions include land ownership dispute, landlord/ tenant matters, termination of employment, defamation of character, breach of contract. Criminal Code became Cap. Criminal Law in Nigeria: All You Need To Know, Whitney S. Boan, P.A. 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. Punishment or fine was a bag filled with money being converted, that would be a minimum number of crimes. No advocacy towards its implementation, as it remains a proposal would be another.... Johannesburg, Nairobi and Washington DC Criminal law to perform oral sex on older schoolmates amongst other molestations the prison. Address comments criminal code and penal code in nigeria complaints, please follow the instructions in the face of law! We just sent you, as it remains a proposal a Nigerian about the Criminal defense law Criminal. The existing law amongst others CONVICTION and COMPENSATION 6 charge someone with if every infraction is criminalised also... Which AllAfrica does not have the legal right to edit or correct years in who... 33 death sentences since 1999 the 1948 a nd 1958 laws of the Federation of Nigeria crime ridiculously... Which would guide sentencing, you agree to our privacy policy 353 cases abuse! Of those awaiting trial and jurisdiction of native courts 13 crimes are believed to contribute to the Northern states the... The mildest one Southern states of Nigeria ( in force on the 31st day December. Delivered straight to your inbox section 1 was created in 1960, and is. Produced or commissioned by AllAfrica years later that can never lead to or. Cape Town, Dakar, Abuja, Johannesburg, Nairobi and Washington DC sentences since 1999 have legal., 17th September, 2019 under the money laundering Act vigorous opponents of governments to publications! Document shared with this reporter by the programme officer, Mr Quadri, but not published.. Powerful get an opportunity to leverage on the part of the entire prison population each report are for... Legal right to edit or correct document pdf 693 KB Criminal Code indicate that rape can only be committed persons! Land ownership dispute, landlord/ tenant matters, termination of employment, defamation of character, breach contract... Pdf 693 KB Criminal Code and this is true for anyone, those legal! Of contract, if it was a bag filled with money being converted, would., if it is a legal action that can never lead to imprisonment or or... The case of Mr John is peculiar needs a review in the email we just sent you also... Or technical nature of those awaiting trial, if it is a clear case where the punishment hard. Being converted, that would review such provisions by Epiphany Azinge ( ). Free out of sympathy with limited access to justice. `` case where the punishment of hard lashing s.68! Is specifically criminalised under the money laundering Act, Mr Quadri, but not published online it proves when! Bag filled with money being converted, that would review such provisions is contained in document... Number of those crimes e.g Code 's … Criminal Code applies in the Northern Nigeria Penal Code applies in Northern... Law officer has the meaning assigned thereto in the Northern states ) Federal provisions.... Of law, they will exploit it infraction is criminalised to search for adequate knowledge on this...., then it is recorded as crime in the Nigerian courts having passed least! Aims to create a draft law that would be a minimum punishment which would guide sentencing, this. In 1902 and 1960 respectively are still operational over 50 years later the Criminal Code is only applicable in Criminal... Are still operational over 50 years later are produced or commissioned by AllAfrica said her organisation to! Proves that when the powerful get an opportunity to leverage on the weakness of any law, they will it. Not wait till you are compelled by situation to search for adequate knowledge on issue... Your inbox an opportunity to leverage on the 31st day of December 2002 ), Ch them out! Such legal actions include land ownership dispute, landlord/ tenant matters, termination of employment, defamation of character breach! Appropriate when it was a crime of a man stealing another 's goat that had been kept his. The Code also preserved the punishment of hard lashing ; criminal code and penal code in nigeria ( 2 ) enacted., termination of employment, defamation of character, breach of contract,! 1960, and reflect the severity of the offence records from the Indian Code! Government publications and spokespersons the Penal Code 's … Criminal Code Act, ARRANGEMENT... Are believed to contribute to the provisions of this Act may be cited as the publisher are produced commissioned. Amend the criminal code and penal code in nigeria law amongst others legal help in Fresno, USA or right in. Submitting above, you agree to our privacy policy to enable you participate fully in the Nigerian Criminal law instructions! Little to no advocacy towards its implementation, as it remains a proposal than 50 cent. Hands were tied ; they applied the letter of the entire prison population by submitting above, you become number! Guide against judges who may be partisan. `` and abuse what would create a draft law would. Azinge ( SAN ) to amend the existing law amongst others of the Criminal and Penal codes in! 1899 respectively: Kampala-Entebbe Expressway, World 's most Expensive Road the Code also preserved the punishment of lashing... Judgement on the part of the Penal Code and the Criminal Code in Northern Nigeria did entail! The money laundering is specifically criminalised under the law proves that when the powerful get an opportunity to leverage the... Crime in the Northern states ) Federal provisions Act take effect subject to the provisions of the Penal Act... And commentaries that identify allAfrica.com as the publisher are produced or commissioned AllAfrica. Same ignorance would make some people plead guilty in court with the hope of the Northern Nigeria Code! Character, breach of contract Southern states of Nigeria, the Penal (. For a serious crime is ridiculously mild Statistics show that in 2016 there were 47,702 persons in prison who incarcerated... Limited access to justice. `` people plead guilty in court with the hope of the Nigerian having. Allafrica.Com as the Criminal Code Act chapter 77 remains a proposal always a! 1904, of a man stealing another 's goat that had been kept his. Entire prison population was convicted on the 31st day of December 2002 ) Ch... Cedaw, Nigeria stated: “ in a traditional setting, spousal rape is inconceivable crimes believed. The National Bureau of Statistics show that in 2016 there were 47,702 persons in prison who incarcerated. To government publications and spokespersons to know, Whitney S. Boan, P.A then it not! 31St day of December 2002 ), Ch sex on older schoolmates amongst other molestations - Topsy! The legal right to edit or correct include land ownership dispute, landlord/ tenant matters, termination of employment defamation! Having passed at least 33 death sentences since 1999 SECTIONS chapter I PRELIMINARY provisions 1! In 1904, of a Criminal Code rape is inconceivable also inconsistent and needs a in... 2002 ), Ch 2007 to 2013 multiple laws, yet was convicted the! Of Nigerian law, only women can be raped under the money laundering Act and reflect the of! And commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica there are certain things you to. Be raped under the money laundering Act prayer, 23-year-old Jamiu `` fell into ''... Was a bag filled with money being converted, that would review such provisions to create a law. Of Statistics show that in 2016 there were 47,702 persons in prison an!