Mens rea principle is a product of the historical development of criminal law. Modifications to northern states criminal procedure code law. Nigeria, some states have attempted to adopt sharia law as their state law. 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.
Written firmly with the undergraduate and gdl student in mine, this lively, clear and accurate guide to the law will help you to understand. It is multisegment free access center for intelligence and instruments relating to nigerias legal and policy circuit. Their code, created around 21002050 bc, was the first to create a distinction between criminal and civil wrongdoings. History of criminal law the sumerian people from what is now iraq produced the earliest known example of a written set of criminal laws. It became known as the protectorates of southern and northern nigeria. In the result, this historical phase became the focus of the study. The use of international law in the domestic courts of ghana and nigeria 373 western states. Nigeria s capital territory of nigeria lagos was annexed by the british in 1849.
There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia islamic law. The provisions of this act shall take effect subject to the provisions of the penal code northern states federal provisions act. Elliott and quinns criminal law 8th edition is an established, reliable and popular textbook, covering english criminal law comprehensively, but concisely. According to history, the very first nigeria company law was announced in 1912. 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. Okonkwo, criminal law in nigeria, second edition, spectrum books ltd. Again, it must be pointed out that by virtlle of the.
Criminal code act which is applicable in the southern part of nigeria is an example of criminal law. Preservation of certain matters in criminal procedure act. In particular, international attention has been drawn to the application of sharia law to criminal offences and the. The sharia muslim law on the other hand is equally a part of the customary law. Chapter 1 historical background of criminal law 3 1. 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. An act or omission which renders the person doing the act or. Karibiwhyte spectrum law publishing ibadan, nigeria wikipedia citation please see wikipedias template documentation for further citation fields that may be required. 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. This article examines from a social context perspective the origin and development of nigerias criminal justice system. Before the advent of the british to the area now known as nigeria, there were different systems for the administration of criminal law. Offences procured or counselled by persons out of nigeria. Morris, a history of the adoption of criminal law and procedure in british colonial. Download administration of criminal justice law of lagos.
In england during the 2 nd century bc, the first jail appeared resulting from an increased use of trial and grand jury systems. Application of code as to offences wholly or partially committed in nigeria. Generally, the criminal justice system is comprised of three organs. Criminal justice in the precolonial, colonial and post. Nigeria is a federal republic composed of 36 states and the federal capital territory fct. Criminal code act chapter c39 laws of the federal republic.
This unit will introduce the students to the history and sources of criminal law in nigeria. 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. Pdf free download and also related files, click link below to download. Phil law faculty of law, university of ilorin, nigeria. The constitution of nigeria is the supreme law of the country. The history of criminal law michigan criminal lawyer. 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. This is as a result of our historical links with great britain. Pdf nigerian criminal law in perspective researchgate. 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.
The creation and evolution of criminal law in colonial and post. Fanon, frantz, 19251961 political and social views. Introduction to nigerian criminal law history and sources. 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 court belongs to the lowest among the courts in nigeria and nonlegally trained individuals do preside over the court. Therefore, the basis of the nigerian criminal law is the english law. This is because, nigeria s colonial history makes english law the only non customary law that is dominant in the law is considered here. The customary criminal law has been abolished by various statutes like the penal code and criminal code. It dates back only to the latter half of the 19 th century. I believe that it will be instructive to go back to the early forms of liability, and to start from them. However, there is no policy document articulating comprehensively the end of criminal justice system in nigeria. 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. History of the legal profession in nigeria law repository.
The theory and practice of criminal justice in africa the web site. 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. While the criminal code applies in the southern states of nigeria, the penal code applies in the northern states of nigeria. In 1914, these two protectorates were amalgamated and together with lagos became the colony and protectorates of nigeria. In most parts of the north, the criminal justice system was regulated by. Criminal defense is actually governed by 2 different laws. The criminal justice system consists of several tracts adult and juvenile process. 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. British police officers are still known affectionately as bobbies in. These are the laws of the indigenous peoples of nigeria prior to the advent of the colonialists. A socialpsychological analysis article pdf available february 2017 with 23,394 reads how we measure.
In 1829, peel established the metropolitan police services in london. 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. The law of nigeria consists of courts, offences, and various types of laws. He was profiled as a subje ct o f biograp hical record in whos who. The same law got refined 5 years later in 1917 and it was then be able to cover all parts of nigeria. It was known then as the companies amendment and extension act of 1917. The purpose of this article is to provide a historical narrative of the devel opment and subsequent evolution of nigerias criminal justice system. This is because, nigerias colonial history makes english law the only non customary law that is dominant in the law is considered here. The southern part of nigeria makes use of the criminal code, while the northern part of nigeria makes use of the. 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.
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. B a system of criminal law modern criminal law is composed of three component parts. With the founding of londons police force, peel became widely regarded by criminologists and historians alike as the father of modern policing. The nigerian prisons like the prisons in most developing counties are over flooded with inmates, a majority of whom are awaiting trialconviction. 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. Criminal justice, administration of nigeria history. World factbook of criminal justice systems nigeria.
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. Nigerias capital territory of nigerialagos was annexed by the british in 1849. However, they are only applicable in civil circumstances. 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. 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. The criminal law has provisions for every possible kind of crime that would be committed in nigeria. Prior to the advent of the british in 1861, the natives had a system of traditional adjudication. Criminal code act chapter c39 laws of the federal republic of. Nigeria has its own constitution which was established on 29 may 1999. History and sources of nigerian criminal law in searchworks. The standard of proof to be used is proof beyond reasonable doubt when dealing with a criminal case.
The penal code introduced into northern nigeria in 1959 derives. Criminal law legislation should holistically mirror governments policies as it relate to the control of conducts that threaten law and order in a territory. 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. In the southern part of nigeria, the criminal justice system was administered using the local traditions of the society. 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. The nigeria criminal justice system and its effectiveness in criminal behaviour control. Types of law in nigeria and their purpose information.
Historical evolution of nigerian criminal law the jet lawyer. This law is the same as the islamic law, which predominates in the northern part of nigeria and it. 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. Learn more about the principles and types of criminal law in this article. This book examined traditional concepts in criminal law, and its. It would enable the students to know the purpose of criminal law as well as the nature of crime.
Bail and criminal justice administration in nigeria. The legal profession in nigeria derives its origin from the english legal system and legal profession. Colonialism and the criminal justice system in nigeria. Many persons who may later be found innocent of the crimes alleged spend years in prison while.