An Access To Criminal Laws In Nigeria.

An Access To Criminal Laws In Nigeria. Daily Law Tips (Tip 709) by Onyekachi Umah, Esq., LL.M, ACIArb(UK)

Introduction:

Nigeria has about 371 tribes, 2 major religions and two major parts (North and South). Culture, religion, architecture, politics and even laws change drastically as one moves from North to South. Criminal Justice in Nigeria is not left out of the two divides in Nigeria, and by the way, Nigeria is an indivisible union of then Southern and Northern Protectorates of Britain.

Sates in the northern part of Nigeria have criminal laws that regulate persons in that part of Nigeria and their laws are different from what applies in the southern part of Nigeria. For example, adultery is a criminal offence only in the northern part of Nigeria. This work exposes the two major criminal laws in Nigeria, recent departures from them by some states, as well as dependable free links for accessing the laws.

Nigerian Criminal Laws by Poles:

Nigerian criminal laws differ as the southern pole differs from the northern pole. While this work is not focusing on the differences, below are the criminal laws and free access links to them.

1. The Criminal Code Act is operational in the southern part of Nigeria and it is contained in a single document (The Criminal Code Act). It contains both state and federal offences.
2. Here is a link to the Criminal Code Act:
3. The Penal Code is operational in the northern part of Nigeria. However, it is not contained in a single document, rather in 2 separate documents. One is the “Penal Code Law” (this is for state offences like stealing, rape, arson and murder) and the other is the “Penal Code (Northern States) Federal Provisions Act (No. 25 of 1960)” (this is for federal offences, like treason, sedition, customs offences).So, states in the Northern part of Nigeria enacted their Penal Code Law in their states through their Houses of Assembly, while the National Assembly enacted the Penal Code Act for the Federal Capital Territory, Abuja, as an equivalent of the Penal Code Law in states in northern part of Nigeria. Below are relevant links:
4. Here is a link to the Penal Code Act:
5. Here is a link to the Penal Code (Northern States) Federal Provisions Act (No. 25 of 1960):
6. It is important to note that Kaduna State (a state in Northern Nigeria) repealed its Penal Code Law on 29 May 2017 and enacted the Kaduna State Penal Code Law 2017. Furthermore, on 11 September 2020, the Kaduna State amended its Kaduna State Penal Code Law 2017 through the Kaduna State Penal Code Law 2017 (Amendment) Law 2020.
7. Here is a link to the Kaduna State Penal Code Law 2017:
8. Here is a link to the Kaduna State Penal Code Law 2017 (Amendment) Law 2020:
9. The southern part of Nigeria is not left out in reviews and repeals of criminal laws. Lagos State (a state in southern part of Nigeria) earlier on 8 August 2011 repealed its Criminal Code and enacted “the Criminal Law of Lagos State, 2011”.
10. Here is a link to the Criminal Law of Lagos State, 2011:

Conclusion and Recommendation:

Although, the Criminal Code and the Penal Code are the two major criminal laws in Nigeria, it is important to mention that there several other criminal laws at the federal and state levels. The other criminal laws will include; the Violence Against Persons (Prohibition) Act, 2015 and other similar laws in states of the federation, the Trafficking In Persons (Prohibition) Enforcement and Administration Act 2015, the Anti-Torture Act 2017, the Child’s Right Act 2003 and several other federal and state laws with provisions that creates offences and punishments.

If ignorance of law is not an excuse, then government has a duty to ensure the availability and laws and access to laws. If laws are seen as an exclusive literature for lawyers and courts, then laws will continue to be violated, ignorantly or confidently. More important than solving crime is preventing crime. Awareness on rights and laws is a sure way to empower Nigerians and discourage crime, since most offenders learn about their punishments for the first time while in detention. Government must promote free legal awareness and that is what Sabi Law Foundation stands for and having been promoting through its numerous legal awareness projects, on LearnNigerianLaws.com

My authorities, are:

1. Sections 1, 2, 3, 4, 5 and 6 of the Constitution of the Federal Republic of Nigeria, 1999.
2. Sections 1 and 2 of the Criminal Code Act, 1916
3. Sections 1 and 2 of the Penal Code Act, 1960
4. Sections 1, 2 and 3 of the Penal Code (Northern States) Federal Provisions Act, 1960
5. Sections 1, 2, 3 and 398 of the Kaduna State Penal Code Law, 2017
6. Sections 1 and 2 of the Kaduna State Penal Code Law 2017 (Amendment) Law, 2020.
7. Sections 2, 419 and 420 of the Criminal Law of Lagos State, 2011.
8. Onyekachi Umah, “14 Facts About Compensation And Victimology In Criminal Justice In Nigeria” (com, 17 December 2019) <https://sabilaw.org/14-facts-about-compensation-and-victimology-in-criminal-justice-in-nigeria-daily-law-tips-tip-480-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 3 December 2020
9. Vanguard, “Full List Of All 371 Tribes In Nigeria, States Where They Originate” (Vanguard Newspaper, 10 May 2017)< https://www.vanguardngr.com/2017/05/full-list-of-all-371-tribes-in-nigeria-states-where-they-originate/> accessed 3 December 2020
10. Onyekachi Umah, “ChannelsTv Interviews Onyekachi Umah on Rape and the Laws.” (com, 20 November 2020) <https://sabilaw.org/channelstv-interviews-onyekachi-umah-on-rape-and-the-laws/> accessed 2 December 2020
11. US Government, “2018 Report on International Religious Freedom: Nigeria” (U.S Department of States, 2018) <https://www.state.gov/reports/2018-report-on-international-religious-freedom/nigeria/> accessed 3 December 2020
12. John Campbell, “Lord Lugard Created Nigeria 104 Years Ago” (Council on Foreign Relations, 2 januya 2018)<https://www.cfr.org/blog/lord-lugard-created-nigeria-104-years-ago> accessed 3 December 2020

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