COUNCIL OF LEGAL EDUCATION
NIGERIAN LAW SCHOOL, BWARI,
ABUJA.
CRIMINAL LAW
BAR PART 1 –
A doctrinal Research on the following:
1. List all the statutes relevant for criminal law in Nigeria.
2. List five sources of criminal law in Nigeria.
3. List five purposes of criminal law in Nigeria.
Prepared by
Name: Dabiri Oyinkansola
Registration Number - 056
Statutes relevant for criminal law in Nigeria.
Criminal law can be understood to be that 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. It can also be defined as a codified set of rules that control and regulate
certain acts which are criminal in the society.
The list of Statutes Relevant to Criminal Law in Nigeria
● The Criminal Code
● The Penal Code (1960)
● The Sharia’h Law
● The Road Traffic Ordinance/Law/Act
● The Liquor Ordinance/Act
● Corruption and Financial Crimes Act
● The Constitution of the Federal Republic of Nigeria 1999, S.3 (b)
● Legal Notice No. 47 of 1955
● The Violence against Person (Prohibited) Act (2015)
● The Trafficking in Persons (Prohibited) Enforcement and Administration Act (2015)
● The anti-Torture Act (2017)
● The Administration of Criminal Justice Act (2015)
● Advanced Fee Fraud and Other Fraud Related Offences Decree No. 13 of 1995
● Anti-Terrorism (Prevention) Act (2011)
● Children and Young Persons Act
● Code of Conduct Bureau
● Criminal Procedure Act
● Economic and Financial Crimes Commission (EFCC) Act (2004)
● Evidence Act
● Federal Highways Act no. 4 of 1971
● Independence Corrupt Practices and Other Related Offence Commission Act (ICPC) (2000)
● Money Laundering (Prohibition) Act (2010)
● Robber and Firearms (Special Provisions) Act (1970)
● Same Sex Marriage (Prohibition) Act (2013)
● Tribunals (Certain Consequential Amendment) Decree No. 6 of 1990
Regional/State Statutes
● Kaduna State Penal Code Law 2017 (Amendment) Law 2010
● Criminal Law of Lagos State (2011)
● Eastern Region Newspaper Law (1955)
● Criminal Code Law of Anambra State
● Criminal Procedure Laws of Bendel State
● Imo State Edict No. 5 of 1971
● Laws of Lagos State (2003)
● Lagos Criminal Code, Criminal Justice (Misc. Provision) Decree No. 84 (1966)
● Criminal Code Law Cap 29, Laws of Ogun State (1978)
● Western Nigeria Criminal Code of Western Nigeria
It is important to note that Criminal Law in Nigeria is not contained in any single Statute. This is proved
to be rigorous as the catalogue of Criminal Law has not been compiled. The number of acts, omissions
and crimes forbidden by the law are inexhaustible. Existing laws are either being expanded or contracted
in extent and scope of judicial interpretation.
Sources of Criminal law in Nigeria.
It is vital to note that to correctly understand criminal law of Nigeria, one has to recognise where the law
is derived from. Essentially Nigerian criminal law originated from English common law. The present
relationship between these two systems of law has tended to become confused. While the basis of English
criminal law has been the common law- considerably supplemented by statues, in Nigeria reverse is the
situation, with the primary source being Nigerian legislative enactments.
The statutes relevant for criminal law are divided into two main categories namely:
1. The host statutes which comprise of both the federal and state, defining what may be described as
technical offences which are intended to regulate, by threat of penalties, the conduct of the people
in all walks of life. In the 2004 laws of the federation of Nigeria, there are, for example, the
Animal Diseases (control) Act, the Dangerous Drugs Act, the Food and Drug Act, the Tobacco
Smoking Control Act, and the Examination Malpractices Act.
2. The two coded enactments which are the Criminal Code, which apples to the Southern States and
the Penal Code for the Northern states.
The primary source of Nigerian Criminal law is the Nigerian Legislative enactment which includes:
1. Penal code Cap c8, Laws of the federation of Nigeria
2. Criminal Code Act Cap c38 Laws of the Federation of Nigeria 2004.
3. Case Laws
4. International Treaties
5. Other Statutes and Acts of the national Assembly
6. The Administrative of Criminal Justice Act (2015)
7. The Criminal procedure code (Northern)
8. The Criminal procedure Act (Southern)
9. The Constitution of the Federal Republic of Nigeria
10. The source of the Criminal Law is the statute.
A statute includes the following:
An Act of the National Assembly
A law of the State House of Assembly
A decree of the Federal Military government.
An edict of the state military governor
A subsidiary legislation
Purpose of criminal law
The objective of the Criminal law is not specifically stated in the constitution, the Penal Code,
the Criminal Code, or any other legislation.
Different criminal theories may arrive at various functions or goals of the Criminal law. As a
result, the aims of law as articulated by sociological theory may differ dramatically from those
accepted by biological, psychological, social-psychological, or economic deterministic
explanations of crime.
There are five key purposes of criminal law:
1. Retribution
The victim-oriented theories of punishment suggests the notion of punishment as an
imperative, as well as the frequent appeal to justice as a foundation, the demand for
punishment, regardless of political and social considerations. For this reason the doctrine
that proposes that it is the states duty to punish, and promotes victim’s rights to punish as
retributionist. The Law Dictionary describes retribution as being “at the heart of just
about all judicial systems that deal with law and order. To the extent that punishment is
meant to be proportionate to the crime, retributive justice differs from vengeance in that
convicts are required to give up something in exchange for the offenses they committed."
In other words, this is hardly "eye for eye" vengeance. Rather, it is a court's sentencing
decision imposing punishment for a criminal conduct.
2. Deterrence
One of the fundamental goals of criminal law is deterrence. The purpose of deterrence is
to keep members of society from breaking the law. The general deterrent and
discouragement is fear of punishment. Deterrence is only effective if the individual could
reflect. That is, whether they grasp the ramifications of crime, especially retributive
justice.
3. Incapacitation (Incarceration)
Incapacitation is the restriction of a person's liberty as punishment for a criminal conduct.
Incapacitation removes offenders from society and confines them in a specially designed
institution. This stops them from committing any more crimes. Incapacitation cannot
undo past wrongdoing; but it can prevent future wrongdoing.
4. Rehabilitation
Rehabilitation is a primary purpose of the criminal justice and correctional systems. After
being sentenced and convicted, a person may be provided rehabilitation services in a
correctional facility. These treatments are designed to detect addictions, injuries, mental
diseases, and other barriers. Such considerations might have influenced the illegal
activities.
5. Restoration
Restorative justice seeks to mend relationships. Its goal is for offenders to accept
responsibility and feel remorse for their actions. Remorse should be shown not just for
the illegal acts themselves, but also for how they affected victims and members of the
community.
There are several reasons why criminal law is instituted in every given community. They are:
1. Protection of Persons and Property: Safety and a sense of security are the most vital
aspects of any society's survival. A society's safety comprises human safety, such as the
safety of life and liberty, as well as the safety of property. To guarantee safety, peace and
order must be maintained. This is only conceivable with an efficient criminal system that
is powerful enough to deal with lawbreakers and allow people to live quietly and without
fear of harm to their lives or property.
2. Protection of morality: Criminality also serves to guarantee that society's ideals are not
undermined over time. This is done by prohibiting some immoral activities. Some of
them are adultery (S.387 Penal Code) and prostitution (S.405(1)(d) Penal Code).
3. Maintenance of Public Order: The preservation of society's sanity is likewise covered by
criminal law. Public nuisance, for example, is an offense under Criminal Code section
234. This is to help in the preservation of public order.
4. To differentiate on reasonable grounds between serious and minor offences.
5. To provide adequate notice of the nature of the action deemed to be an offense.
References:
Okonkwo & Naish criminal law in Nigeria, 3rd ed. Spectrum books limited
General introduction to criminal law by Olanrewaju Olamide
The Nigerian criminal code
The Nigerian penal code
Atsegbua L., Aigbokhaevbo V. O., Daudu S. O, Criminal Law in Nigeria: A Morden Approach
(2021) file:///Users/user/Downloads/CriminalLawinNigeria-TODAY.pdf Accessed 23rd January
2023.
Ifidon, Oyakhiromen, “Criminal Law 1”, (Lecture Notes, National Open University, 2006)
https://nou.edu.ng/coursewarecontent/LAW%20341%20CRIMINAL%20LAW%20I.pdf
Accessed 23rd January 2023.
Elena Maculan and Alicia Gil Gil, “The Rationale and Purposes of Criminal Law and
Punishment in Transitional Contexts” (2020) DAjpnPPYekt6uBwTHZAJAFbQ8N0pEY
Accessed 23rd January 2023.
