History and sources of nigerian criminal law in searchworks. 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. Pdf nigerian criminal law in perspective researchgate. Again, it must be pointed out that by virtlle of the. Criminal justice, administration of nigeria history. Sharia applies in full, including criminal law in nigeria, sharia has been instituted as a main body of civil and criminal law in nine muslimmajority states, and in some parts of three muslimplurality states since 1999, when then zamfara state governor ahmad sani yerima 1 began the push for the institution of sharia at the state level of.
If a state statute requires two witnesses for a valid will, having only one witness renders the will invalid, but does not result in criminal charges. The theory and practice of criminal justice in africa the web site. It dates back only to the latter half of the 19 th century. An act or omission which renders the person doing the act or. It was known then as the companies amendment and extension act of 1917. B a system of criminal law modern criminal law is composed of three component parts. Criminal law rests upon a linguistic way of thinking these factors construct a kind of normative skeleton able to define and classify crimes and apply and give meaning to general legal principles via a particular fact situation. These are the laws of the indigenous peoples of nigeria prior to the advent of the colonialists. Mar 30, 2016 before the advent of the british to the area now known as nigeria, there were different systems for the administration of criminal law. A socialpsychological analysis article pdf available february 2017 with 23,394 reads how we measure. The standard of proof to be used is proof beyond reasonable doubt when dealing with a criminal case.
Home crime library criminal law history of criminal law the sumerian people from what is now iraq produced the earliest known example of a written set of criminal laws. The creation and evolution of criminal law in colonial and post. Ellis noted that at independence, politics in nigeria was not about nationbuilding but the control of federal power and therefore the resources of the nation. The purpose of this article is to provide a historical narrative of the devel opment and subsequent evolution of nigerias criminal justice system. Therefore, the basis of the nigerian criminal law is the english law. Nigerias capital territory of nigerialagos was annexed by the british in 1849. The same law got refined 5 years later in 1917 and it was then be able to cover all parts of nigeria. It would enable the students to know the purpose of criminal law as well as the nature of crime. 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. This is as a result of our historical links with great britain. Introduction history of islam in nigeria jihad islamic law sharia islam and politics islamic movements, islamic reform selected web resources there has been considerable recent media coverage of the implementation of islamic sharia law in the northern states of nigeria.
Act likely to cause injury, but done without criminal intent and to pre. In 1829, peel established the metropolitan police services in london. British police officers are still known affectionately as bobbies in. World factbook of criminal justice systems nigeria. Criminal code act chapter c39 laws of the federal republic. 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. Fanon, frantz, 19251961 political and social views.
I believe that it will be instructive to go back to the early forms of liability, and to start from them. The common law has changed a good deal since the beginning of our series of reports, and the search after a theory which may now be said to prevail is very much a study of tendencies. Become familiar with the history of the nigerian judicial system the focus on the judiciary is particularly important for the law student because this is the area of governance within which the lawyer is most active. Prior to the advent of the british in 1861, the natives had a system of traditional adjudication. Okonkwo, criminal law in nigeria, second edition, spectrum books ltd. This book examined traditional concepts in criminal law, and its. In most parts of the north, the criminal justice system was regulated by. This article examines from a social context perspective the origin and development of nigerias criminal justice system. The law of nigeria consists of courts, offences, and various types of laws. Before the advent of the british to the area now known as nigeria, there were different systems for the administration of criminal law. This is because, nigerias colonial history makes english law the only non customary law that is dominant in the law is considered here. Pdf northern states act an act to make new provisions for the jurisdiction, powers, practice and procedure of the courts of the northern state of nigeria in respect of federal.
Criminal code act chapter c39 laws of the federal republic of. Written firmly with the undergraduate and gdl student in mine, this lively, clear and accurate guide to the law will help you to understand. The criminal justice system consists of several tracts adult and juvenile process. Act done pursuant to the judgment or order of court. In the result, this historical phase became the focus of the study. In 2015 citizens elected president muhammadu buhari of the all progressives congress party to a fouryear term in the first successful democratic transfer of power from a sitting president in the countrys history. Nigeria has its own constitution which was established on 29 may 1999. History of the legal profession in nigeria law repository. While the criminal code applies in the southern states of nigeria, the penal code applies in the northern states of nigeria. Nigeria s capital territory of nigeria lagos was annexed by the british in 1849. Many persons who may later be found innocent of the crimes alleged spend years in prison while. 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.
Colonialism and the criminal justice system in nigeria. There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia islamic law. 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. Bail and criminal justice administration in nigeria. Appendix chapterc42 criminal procedure northern states act an act to make new provisions for the jurisdiction, powers, practice and procedure of the courts of the northern state of nigeria in respect of federal. Criminal law legislation should holistically mirror governments policies as it relate to the control of conducts that threaten law and order in a territory. The provisions of this act shall take effect subject to the provisions of the penal code northern states federal provisions act.
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. The penal code introduced into northern nigeria in 1959 derives. This is because, nigeria s colonial history makes english law the only non customary law that is dominant in the law is considered here. This unit will introduce the students to the history and sources of criminal law in nigeria. The nigerian prisons like the prisons in most developing counties are over flooded with inmates, a majority of whom are awaiting trialconviction. Application of code as to offences wholly or partially committed in nigeria. The court belongs to the lowest among the courts in nigeria and nonlegally trained individuals do preside over the court.
The customary criminal law has been abolished by various statutes like the penal code and criminal code. Download administration of criminal justice law of lagos. The use of international law in the domestic courts of ghana and nigeria 373 western states. Mens rea principle is a product of the historical development of criminal law. He was profiled as a subje ct o f biograp hical record in whos who. This law is the same as the islamic law, which predominates in the northern part of nigeria and it. Modifications to northern states criminal procedure code law. Karibiwhyte spectrum law publishing ibadan, nigeria wikipedia citation please see wikipedias template documentation for further citation fields that may be required. In particular, international attention has been drawn to the application of sharia law to criminal offences and the. The nigeria cjs, who constitutes the supposed custodians of the laws, is largely indicted, therefore as responsible for the ineffectiveness of the system in criminal behavior control. However, there is no policy document articulating comprehensively the end of criminal justice system in nigeria. Preservation of certain matters in criminal procedure act. Criminal justice in the precolonial, colonial and post.
Morris, a history of the adoption of criminal law and procedure in british colonial. Offences procured or counselled by persons out of nigeria. Types of law in nigeria and their purpose information. Criminal code act which is applicable in the southern part of nigeria is an example of criminal law. May 16, 2017 ellis noted that at independence, politics in nigeria was not about nationbuilding but the control of federal power and therefore the resources of the nation. The legal profession in nigeria derives its origin from the english legal system and legal profession. Nigeria is a federal republic composed of 36 states and the federal capital territory fct. The nigeria criminal justice system and its effectiveness in criminal behaviour control.
The criminal law has provisions for every possible kind of crime that would be committed in nigeria. Generally, the criminal justice system is comprised of three organs. In england during the 2 nd century bc, the first jail appeared resulting from an increased use of trial and grand jury systems. 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. Phil law faculty of law, university of ilorin, nigeria. It is multisegment free access center for intelligence and instruments relating to nigerias legal and policy circuit. Chapter 1 historical background of criminal law 3 1.
Criminal defense is actually governed by 2 different laws. Elliott and quinns criminal law 8th edition is an established, reliable and popular textbook, covering english criminal law comprehensively, but concisely. Historical evolution of nigerian criminal law the jet lawyer. Their code, created around 21002050 bc, was the first to create a distinction between criminal and civil wrongdoings. The sharia muslim law on the other hand is equally a part of the customary law. The constitution of nigeria is the supreme law of the country. This law is the same as the islamic law, which predominates in the northern part of nigeria and it had been in use since 1959. Learn more about the principles and types of criminal law in this article. However, they are only applicable in civil circumstances.
The history of criminal law michigan criminal lawyer. Pdf free download and also related files, click link below to download. Nigeria, some states have attempted to adopt sharia law as their state law. Introduction to nigerian criminal law history and sources. 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. It is multisegment free access center for intelligence and instruments relating to nigeria s legal and policy circuit. It became known as the protectorates of southern and northern nigeria. In 1914, these two protectorates were amalgamated and together with lagos became the colony and protectorates of nigeria. 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. According to history, the very first nigeria company law was announced in 1912. In the southern part of nigeria, the criminal justice system was administered using the local traditions of the society.
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