However, the information below will help to open your eyes on the system of things regarding criminal law, and if you have further questions, you can contact a criminal defense attorney for further to get information. 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. The Penal Code applies to the northern states of Nigeria. 38, Rev. 38, Rev. Short title. 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. In January of 2013, John Yusuf, a former director in the federal civil service was convicted of criminal misappropriation to which he pleaded guilty in an Abuja High Court. The Penal Code Act. Jurisdiction of Chief Magistrate 16. Read the original article on Premium Times. 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.". An Act to establish a code of criminal law. By setting a minimum number of mandatory sentencing, you guide against judges who may be partisan.". The provisions of this Act shall take effect subject to the provisions of the Penal Code (Northern States) Federal Provisions Act. 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. Nigeria Penal Code Act. Jurisdiction of High Court 15. "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. In the face of Nigerian law, only women can be raped under the law. 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. Interpretations. 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 … House of Representatives plenary on Tuesday, 17th September, 2019. 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Once this happens, you become a number in a system with limited access to justice.". Photo credit: Speaker's Media Office. "There would be a minimum punishment which would guide sentencing, and reflect the severity of the offence. 219. defends federal charges: The religious source refers to the Sharia Law. Mrs Quadri said her organisation aims to create a draft law that would review such provisions. 2. 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 However, most of the laws are i… Purpose. 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. Criminal Code Act of Nigeria, sec. Notify me of follow-up comments by email. Offences under Penal Code and jurisdiction of native courts 13. Culpable homicide punishable with death. 2004. of Nigeria. Laws governing criminal law in Nigeria. The Penal Code operates in northern states, with abortion laws contained in sections 232, 233, and 234. Criminal Code Act. 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. This would help reduce the effects of potential misuse and abuse what would create a holistic criminal justice system.". Culpable homicide defined. 207, Jun. 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. Http:www.nigeria-law.orgCriminal Procedure Act.htm. The Penal Code – this is applicable in all the Northern States The Criminal Laws of Lagos – this is applicable only in Lagos State The Violence Against Persons Prohibition Act – this was passed as a law only applicable in the FCT Abuja, however a number of States around the country have now passed their own versions of the Law applicable in the respective States. Mr Adewunmi says: "It would be wrong to ignore the potential for arbitrary arrests and human rights abuses that stem from policing these crimes. 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. CHAPTER II APPLICATION OF LAW, CONVICTION AND COMPENSATION 6. 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. 4. 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. Jurisdiction of magistrate of first grade 17. According to Los Angeles sex crime attorney “Despite there being laws related to violence, sex or even robbery, the lack of awareness of them is one of the leading cause which leads people into trouble”. The Penal Code's … Some crimes have their own specific laws because of the importance or technical nature of those crimes e.g. » Law & Human Rights » Why Criminal and Penal Codes cannot be merged – Kano AG Why Criminal and Penal Codes cannot be merged – Kano AG On March 14, 2013 1:09 am In Law & Human Rights by vanguard The defence of self-defence is a complete defence under the Criminal Code and the Penal Code and a successful defence of self-defence leads to the discharge and acquittal of the Accused person. The Penal Code Act (Penal Code) is applicable in the Northern states of Nigeria. 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. We operate from Cape Town, Dakar, Abuja, Johannesburg, Nairobi and Washington DC. The Criminal and Penal Codes enacted in 1902 and 1960 respectively are still operational over 50 years later. 2004. 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.”. Such legal actions include land ownership dispute, landlord/ tenant matters, termination of employment, defamation of character, breach of contract. Never allow the law enforcement agents to deceive you into believing in a lie so that they do not rope you into an offense you do not commit or make you go to prison for an offense that should not attract prison sentence. 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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. Ed. Section 282 of the Northern Nigeria Penal Code and section 357 of the Criminal Code exempts perpetrators of rape within marriage from punishment. 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. This Act may be cited as the Criminal Code Act. Criminal law: This deals with crime. 7. By submitting above, you agree to our privacy policy. Laws of the Federation of Nigeria 1990 . Another attempt at amendment was commissioned by the Nigerian Institute of Advanced Legal Studies(NIALS) which initiated the research project 'Unification of Criminal Laws of Nigeria 2014". For stealing, the Criminal Code Act of the Federal Republic of Nigeria condensed into criminal law legislations in different states of southern Nigeria and the Penal Code which prescribes and proscribes crimes in northern Nigeria pays obeisance to the provisions of Section 36(12). 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. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. 223. However, there has been little to no advocacy towards its implementation, as it remains a proposal. It is very important that you know the law and constitution of your country in … Act 9 Penal Code Act 2008 THE PENAL CODE ACT, 2008 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY PROVISIONS Section 1. Jurisdiction of magistrate of second grade 18. 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They are: The criminal codes and; The penal codes; The southern part of Nigeria makes use of the criminal code, while the northern part of Nigeria makes use of the … 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 native law or custom recognizes such “correction” as lawful, and if there is no grievous hurt. The Criminal Code Act / Laws The Criminal Code Act1 is currently a legislation of general application penalizing criminal acts in Southern Nigeria while the Penal Code Act applies in the North. Jamiu was sentenced to three years in prison without an option of fine. Upon arraignment, he pleaded guilty and on January 28, 2016, the court pronounced Jamiu's action to be in violation of Section 383 (1) and punished him under Section 390 (9) of the Criminal Code Cap 37, volume one, laws of Ondo State of Nigeria 2006. Unlawful possession of human head. Just after the prayer, 23-year-old Jamiu "fell into temptation". C38. Though it is still under investigation, the fact that a crime of sodomy does not exist under our criminal or penal codes is a reality that may impede access to justice. C41.] However, the second recommendation to the Justice Committee didn't happen before I left the house in June 2015," Mr Osagie told this reporter. 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. This was not a case of a lack of better judgement on the part of the courts. dishonest misappropriation and criminal breach of trust are found mainly in the Criminal Code and Penal Code. Northern Nigeria - The Penal Code. It was undertaken by Epiphany Azinge (SAN) to amend the existing law amongst others. 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. 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 … Criminal Code became Cap. 1. It is important you are aware of these facts to enable you participate fully in the system of things in Nigeria. [Cap. Criminal Procedure Act Chapter 80 NG026. Amnesty International is aware of the Nigerian courts having passed at least 33 death sentences since 1999. Their hands were tied; they applied the letter of the law. Repeal and Saving. 222. Things do not work this way in the Nigerian criminal law. To address comments or complaints, please Contact us. 2. 218. "It proves that when the powerful get an opportunity to leverage on the weakness of any law, they will exploit it. 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