Circumstances in which provisions of Schedule apply 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. Interpretations. In the face of Nigerian law, only women can be raped under the law. Cap. 2020 - A Topsy Turvy Year for African Business! There was a problem processing your submission. 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. 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. 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. C41.] 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. To address comments or complaints, please Contact us. Purpose. 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. This would help reduce the effects of potential misuse and abuse what would create a holistic criminal justice system.". We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Short title. The introduction, in 1904, of a Criminal Code in Northern Nigeria did not entail the abolition of Shari’a criminal law. Read the original article on Premium Times. The phone belonged to another worshipper, Suleiman Asimiyi. 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. "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.". You should not wait till you are compelled by situation to search for adequate knowledge on this issue. "There would be a minimum punishment which would guide sentencing, and reflect the severity of the offence. 2004. 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. This criminal code is only applicable in most Southern states in Nigeria while the Northern states adopt the penal code. If there is no law against it, then it is not a crime. 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Section 282 of the Northern Nigeria Penal Code and section 357 of the Criminal Code exempts perpetrators of rape within marriage from punishment. 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. 217. CHAPTER XVIII OFFENCES AFFECTING THE HUMAN BODY Offences affecting Life 220. 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. 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. Act 9 Penal Code Act 2008 THE PENAL CODE ACT, 2008 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY PROVISIONS Section 1. 1, 1916, in Laws of the Federation of Nigeria (in force on the 31st day of December 2002), Ch. Laws of the Federation of Nigeria 1990 . 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Amnesty International is aware of the Nigerian courts having passed at least 33 death sentences since 1999. 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? 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.". Notify me of follow-up comments by email. 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 This is true for anyone, those seeking legal help in Fresno, USA or right here in Nigeria. 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. He was charged under multiple laws, yet was convicted on the mildest one. [Cap. 1st day of June 1916 . 5. 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. While the Criminal Code applies in the Southern States of Nigeria, the Penal Code applies in the Northern States of Nigeria. 207, Jun. Culpable homicide by causing death of person other than person This Act may be cited as the Criminal Code Act. When culpable homicide is not punishable with death. He stole a Blackberry phone valued at N17,000. Mr Adewunmi says: "It would be wrong to ignore the potential for arbitrary arrests and human rights abuses that stem from policing these crimes. 1A. "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. 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. 222. Civil law: It is a legal action that can never lead to imprisonment or punishment or fine. Offences under Penal Code and jurisdiction of native courts 13. This same ignorance would make some people plead guilty in court with the hope of the judge setting them free out of sympathy. Jurisdiction of magistrate of second grade 18. 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. Http:www.nigeria-law.orgCriminal Procedure Act.htm. However, there has been little to no advocacy towards its implementation, as it remains a proposal. penal-code-laws-in-nigeria 1/5 Downloaded from 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 Criminal Code became Cap. 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. 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. SECTION 1. 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 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. Unlawful possession of human head. 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. Repeal and Saving. The Penal Code applies to the northern states of Nigeria. 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. 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.". Just after the prayer, 23-year-old Jamiu "fell into temptation". "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. Once this happens, you become a number in a system with limited access to justice.". It is very important that you know the law and constitution of your country in … 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. 38, Rev. Criminal charms. 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. 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. 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. It contains crimes like murder, rape, armed robbery, fraud, witchcraft (yes, witchcraft is a crime in Nigeria) and much more. 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.