When Minors are Criminals in Nigeria

When Minors are Criminals in Nigeria.

Daily Law Tips (Tip 826) by Onyekachi Umah, Esq., LL.M, ACIArb (UK)

1. Introduction: 

With the growing rate of sexual abuse, domestic violence, online pornography, poor parenting and weak school administrators, it is common to find minors engaging in bullying, sexual activities, stealing, secret cults and other crimes. This work (When Minors are Criminals in Nigeria) examines the position of the law where the alleged offenders are minors (children). 

This work answers the questions: “are all minors free from criminal responsibility”; “Who is a Minor (Child)’; “Minors as Criminal Offenders”; “the Culpability of Minors in Nigeria”; “the Culpability of Minors in States in Southern Nigeria”; “the Culpability of Minors in States in Northern Nigeria”; and “the Culpability of Minors in Lagos State, South of Nigeria”.

The recent Chrisland Sex Scandal involving 2 minors have woken many arguments on the culpability of minors. On this legal issue, Onyekachi Umah gave insights at the ChannelsTV program, Law Weekly on 23 April 2022. He has followed it up with this work; “When Minors are Criminals in Nigeria” also published on ThisDay Newspaper on 3 May 2022. This work was published on ThisDay Newspaper (online and hardcopy versions) on 3 May 2022 under collection of works titled; “Chrisland Sex Scandal: Abdication of Duty by Parents and Schools”.

2. Who is a Minor (Child)? 

The English language is the official language of Nigeria and the Nigerian legislatures, courts and lawyers in Nigeria. However, the ordinary meaning of English words may not explain words when used in legal documents and laws. The Cambridge English Dictionary defines a “minor” as “someone who is too young to have the legal responsibilities of an adult”. While the dictionary definition is correct, in law, “minor” will be better understood if age is attached to the description.   

According to the Child Rights Act, a child means “… a person under the age of eighteen years”. This same meaning is adopted by all the Child Rights Laws enacted by states across Nigeria. Some states in the Northern part of Nigeria have refused to pass a Child Rights Law; this issue is discussed in the work; “11 States That Do Not Protect Children In Nigeria”. Hence, in States in Nigeria where there is no Child Rights Law, there may be no clear basis to argue that 18 years is the age of maturity. 

While the Criminal Code did not use the word “minor”, it referred to a “child and young person” in several contexts as a living person from birth to about sixteen (16) years old. 

The Penal Code Laws provide that a child is a living person at birth and less than eighteen (18) years old and also made reference to the “Children and Young Persons Act”. 

In the Children and Young Persons Act, a person less than fourteen (14) years old is a child and a person that is fourteen (14) years old but less than eighteen (18) years old is a young person. 

The Criminal Law of Lagos State defines a child as a child under the Child’s Rights Law of Lagos State. And the Child’s Rights Law of Lagos State defines a child to be a person below 18 years old. This pattern is common among the states that have Child Rights Laws and that amended their state criminal laws. The concerned states and their laws are discussed below. 

3. Minors as Criminal Offenders:

Rape, violence, and all other forms of sexual offences are criminal offences. So, this section focuses on rape and all other criminal offences where the offenders (suspected offenders) are minors (persons less than 18 years old). 

Prior to the amalgamation of the Southern Protectorate and the Northern Protectorate in 1914 to birth Nigeria, the nations on the two sides had their unique systems and traditions. To date, this is clear in the two different criminal laws that operate in the Sothern part of Nigeria and the Northern part of Nigeria. 

The Criminal Code is the criminal law operational in the Southern part of Nigeria, while the Penal Code operates in the Northern part of Nigeria. The two (2) criminal laws have their points of similarities and differences. Popular among them is the fact that adultery is an offence in the Northern part of Nigeria but not an offence in the Southern part of Nigeria. Read more on this issue via this link; “Adultery Is Not An Offence In All States In Nigeria”. 

It is important to mention that both federal and non-federal (state) offences in the South of Nigeria are contained in the Criminal Code Act, although some states in the south of Nigeria have presently enacted State Criminal laws that merely focus on the states offences already provided in the Criminal Code Act. Only a few states in the Southern part of Nigeria have repealed their State Criminal Code Laws and enacted radically different State Criminal Laws. In the north of Nigeria, the federal offences are contained in the Penal Code (Northern States) Federal Provisions Act (No. 25 of 1960). Federal offences include treason, sedition, and customs offences. The non-Federal offences are contained in the various Penal Code Laws operating in States in the north of Nigeria. 

In both Southern Nigeria and Northern Nigeria, there are special provisions for minors. The laws believe that there are specific ages for human beings to acquire the ability to understand good and bad and differentiate evil from good. Yes, the laws could not close their eyes to human psychology. This is also the point where many Nigerians erroneously conclude that minors cannot be held responsible for crimes. This common belief may be wrong, as the succeeding paragraphs will reveal. 

4. The Culpability of Minors in Nigeria:

Across many states in Nigeria, minors are persons below 18 years. Contrary to popular belief, not all minors are free from paying for their (crimes) sins. There are special minors of certain ages and capacities that are free like air and will always get away with any crime. Also, their location (States) in Nigeria may matter. Hence, we will expose the minors that cannot be held responsible for their crimes according to the relevant locations (states) in Nigeria.

4.1: The Culpability of Minors in States in Southern Nigeria: 

In the states in the Southern part of Nigeria, where the Criminal Code is operational, the Criminal Code provides that a person that is less than seven (7) years old cannot be held responsible for any offence. This means that children from ages zero (0) to less than seven (7) years cannot be held responsible for any crime they commit. Such minors are free to do anything they wish, and they will get away with it. They are saints by law and not necessarily by conduct; statutory saints. 

It also provides that a person that is below 12 years old cannot be held responsible for a crime unless it is proven that the person at the time of the crime had the capacity to know that he/she should not have committed such an offence. This means that children from age seven (7) to eleven (11) cannot be held responsible for any crime they committed, so far as they had no understanding that they should not commit such an offence. 

The focus on the ages below twelve (12) in the Southern part of Nigeria means that although minors are from ages zero (0) to less than eighteen (18), any minor that is 12 years or above will be fully responsible for his/her criminal actions. 

For clarity, the section 30 of the Criminal Code is reproduced below:  

“A person under the age of seven years is not criminally responsible for any act or omission. 

A person under the age of twelve years is not criminally responsible for an act or omission, unless it is proved that at the time of doing the act or making the omission, he had capacity to know that he ought not to do the act or make the omission. 

A male person under the age of twelve years is presumed to be incapable of having carnal knowledge.” 

So, where a child that is less than 12 years old is alleged to have committed an offence in a state in the southern part of Nigeria, the defence team can easily get justice for the child by proving the age of the child and that the child lacked the capacity to understand the crime at the time of the crime. This may be a downside for smart and intelligent minors that are less than 12 years.  It is important to note that few states (Like Lagos State) have dumped the Criminal Code and enacted their own unique state criminal laws. Some of the states and their laws will be discussed below. 

4.2: The Culpability of Minors in States in Northern Nigeria: 

For states in the Northern part of Nigeria, ages seven (7) and twelve (12) are important in proving that a minor is guilty of a crime. The Penal Code Laws provide that a person that is less than 7 years old cannot be held responsible for any offence. Whether the less than 7 years old minor has the capacity to know that he/she should not commit the offence is immaterial. 

Furthermore, the Penal Code Laws also provide that a person that is 7 years old but less than 12 years old cannot be held responsible for any offence unless it can be proven that the person has the maturity to understand the nature and consequences of the offence. 

The focus on the ages below twelve (12) in the states in the Northern part of Nigeria means that although minors are from ages zero (0) to less than eighteen (18), any minor that is 12 years or above will be fully responsible for his/her criminal actions. 

Section 50 of the Penal Code Laws states; 

“No act is an offence which is done- Act of child. 

(a) by a child under seven years of age; or

(b) by a child above seven years of age but under twelve years of age who has not attained sufficient maturity of understanding to judge the nature and consequence of that act.”

4.3: The Culpability of Minors in Lagos State, South of Nigeria: 

Lagos State is legislatively ahead of all states in Nigeria. Lagos State often enacts innovative laws that other states in Nigeria and the Federal Government of Nigeria emulate after some years. Here are links to works on this issue; “How Lagos State Is Legislatively Ahead Of Other States” and “Why Lagos State Needs A VAPP/SGBV Law”. 

Ahead of many (if not all) states in the southern part of Nigeria, Lagos State was the first state to enact its own state criminal law that departed from the Criminal Code that operated across the Southern part of Nigeria. The Criminal Law of Lagos State introduced several innovative tools and processes. 

On 8 August 2011, Lagos State enacted the Criminal Law of Lagos State, 2011 and repealed the Criminal Code Law that was earlier in operation in Lagos State. A free copy of the Criminal Law of Lagos State is accessible here.

In Lagos State, a minor/child is a person that is less than 18 years old. However, only children that are less than ten (10) years old in Lagos State have zero criminal responsibility for their criminal actions and inactions. Hence, a child that is less than 10 years old in Lagos State cannot be held responsible for any crime. The Criminal Law of Lagos State, unlike many other criminal laws in Nigeria, does not provide that the child should have or not have the capacity to understand the crime. It simply says that a person below 10 years old has no criminal responsibility in Lagos State. 

Section 30 of the Criminal Law of Lagos State, provides; 

“A person under the age of ten (10) years is not criminally responsible for any act or omission.” 

The focus on the ages below ten (10) years in Lagos State means that although minors are from ages zero (0) to less than eighteen (18), any minor that is ten (10) years or above will be fully responsible for his/her criminal actions. 

5. Conclusion:  

While minors are persons below 18 years old, not all minors are free from criminal responsibilities in Nigeria. This work has traced the definition of minors through federal and state laws. The location of a minor affects the criminal responsibilities of the minor. Some states have placed the age of zero criminal responsibility at 7 years and 10 years. Many states have also chosen 12 years as the possible age of zero criminal responsibility, with the condition that it must be proven that the child has no capacity to understand his/her crime at the time of the crime. 

References:

1. Sections 1, 2, 3, 4, 5, 6, 7, 318 and 319 as well as Schedule 4 to the Constitution of the Federal Republic of Nigeria, 1999.
2. Section 30 of the Criminal Code Act
3. Section 50 of the Penal Code Laws
4. Section 30 of the Criminal Code Law of Lagos State
5. Penal Code (Northern States) Federal Provisions Act (No. 25 of 1960
6. Sections 1(4) and 44 of the Violence Against Persons Prohibition Act, 2015 and similar laws across the states in Nigeria.
7. Section 277 of the Child Rights Act, 2003
8. Cambridge University, “Minor” (Cambridge, 22 April 2022) < https://dictionary.cambridge.org/dictionary/english/minor> accessed 22 April 2022. 
9. Onyekachi Umah, “An Access To Criminal Laws In Nigeria” (SabiLaw.org, 4 December 2020) <https://SabiLaw.org/an-access-to-criminal-laws-in-nigeria/ > accessed 20 April 2021
10. Onyekachi Umah, “11 States That Do Not Protect Children In Nigeria” (SabiLaw, 31 May 2021) https://sabilaw.org/11-states-that-do-not-protect-children-in-nigeria/ accessed 24 April 2022. 
11. Onyekachi Umah, “Stripping Suspects Naked is Torture and it’s a Crime” (SabiLaw.org, 16 February 2021) <https://SabiLaw.org/stripping-suspects-naked-is-torture-and-its-a-crime/> accessed 23 May 2021
12. Onyekachi Umah, “Twitter vs. Nigeria; The Human Rights of Twitter Inc. and the Twitter Users” (SabiLaw.org, 8 June 2021) <https://SabiLaw.org/twitter-vs-nigeria-the-human-rights-of-twitter-inc-and-the-twitter-users/> accessed 9 June 2021.
13. Onyekachi Umah, “Scarcity of Passport and the Government’s Violation of the Right of Movement” (SabiLaw.org, 1 June 2021) <https://SabiLaw.org/scarcity-of-passport-and-the-governments-violation-of-the-right-of-movement/> accessed 8 June 2021
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15. Onyekachi Umah, “Details of State Offices of National Human Rights Commission” (SabiLaw.org, 27 October 2020) <https://SabiLaw.org/details-of-state-offices-of-national-human-rights-commission/> accessed 14 May 2021
16. Onyekachi Umah, “Human Rights That Can Never Be Restricted Even In War, Pandemic or State of Emergency” (SabiLaw.org, 2 April 2020) <https://SabiLaw.org/human-rights-that-can-never-be-restricted-even-in-war-pandemic-or-state-of-emergency-daily-law-tips-tip-539-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 23 May 2021
17. Onyekachi Umah, “Does The President/Governors Have Powers To Lockdown Any Part Of Nigeria Or Restrict Human Rights?” (SabiLaw.org, 1 October 2020) <https://SabiLaw.org/does-the-president-governors-have-powers-to-lockdown-any-part-of-nigeria-or-restrict-human-rights-daily-law-tips-tip-537-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 14 May 2021
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19. Onyekachi Umah, “Warrant of Arrest: Contents and Issuance” (SabiLaw.org, 19 April 2021) <https://SabiLaw.org/warrant-of-arrest-contents-and-issuance/> accessed 25 May 2021.
20. Onyekachi Umah, “12 Situations Where Police Officers Can Arrest Without Warrant” (SabiLaw.org, 18 June 2019) <https://SabiLaw.org/12-situations-where-police-officers-can-arrest-without-warrant/> accessed 25 May 2021.
21. Onyekachi Umah, “Abandonment Of Wife/Husband, Children Or Dependants Is A Crime” (SabiLaw.org, 3 December 2019) <https://SabiLaw.org/abandonment-of-wife-husband-children-or-dependants-is-a-crime-daily-law-tips-tip-470-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 20 April 2021
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23. Onyekachi Umah, “The First Virtual Court Hearing Was In Borno State And Not In Lagos State.” (SabiLaw.org, 1 June 2020) <https://SabiLaw.org/the-first-virtual-court-hearing-was-in-borno-state-and-not-in-lagos-state-daily-law-tips-tip-579-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
24. Onyekachi Umah, “Emotional, Verbal And Psychological Abuse Is Now Criminal Offences” (SabiLaw.org, 3 September 2019) <https://SabiLaw.org/emotional-verbal-and-psychological-abuse-is-now-criminal-offence/> accessed 28 April 2021
25. Onyekachi Umah, “Forcing Wife to Stop Work is Now A Crime” (SabiLaw.org, 21 April 2021) <https://SabiLaw.org/forcing-wife-to-stop-work-is-now-a-crime/https://SabiLaw.org/forcing-wife-to-stop-work-is-now-a-crime/> accessed 26 April 2021
26. Onyekachi Umah, “It Is Now An Offence To Force Wife/Husband To Stop Working” (SabiLaw.org, 28 May 2019) <https://SabiLaw.org/it-is-now-an-offence-to-force-wife-husband-to-stop-working-daily-law-tips-tip-340-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 20 April 2021
27. Onyekachi Umah, “Seizing or Destroying the Property of a Spouse is a Crime” (SabiLaw.org, 2 March 2021) <https://SabiLaw.org/seizing-or-destroying-the-property-of-a-spouse-is-a-crime/> accessed 20 April 2021
28. Onyekachi Umah, “Hiding/Concealing Domestic Violence Is A Crime” (SabiLaw.org, 11 December 2020) <https://SabiLaw.org/hiding-concealing-domestic-violence-is-a-crime/> accessed 20 April 2021
29. Onyekachi Umah, “Domestic Violence Is A Crime Not A Family Dispute” (SabiLaw.org, 10 December 2020) <https://SabiLaw.org/domestic-violence-is-a-crime-not-a-family-dispute/ > accessed 20 April 2021
30. Onyekachi Umah, “Why Lagos State Needs A VAPP/SGBV Law” (SabiLaw.org, 26 January 2021) <https://SabiLaw.org/why-lagos-state-needs-a-vapp-sgbv-law/> accessed 20 April 2021
31. Onyekachi Umah, “Lagos State Has No VAPP/SGBV Law !” (SabiLaw.org, 8 December 2020) <https://SabiLaw.org/lagos-state-has-no-vapp-sgbv-law/> accessed 20 April 2021
32. Onyekachi Umah, “8 New Things About Rape Laws In Nigeria” (SabiLaw.org, 3 December 2020) <https://SabiLaw.org/8-new-things-about-rape-laws-in-nigeria/ > accessed 20 April 2021
33. Onyekachi Umah, “ChannelsTv Interviews Onyekachi Umah on Rape and the Laws.” (SabiLaw.org, 20 November 2020) <https://SabiLaw.org/channelstv-interviews-onyekachi-umah-on-rape-and-the-laws/ > accessed 20 April 2021
34. Onyekachi Umah, “Can A Woman Be Charged With Rape” (SabiLaw.org, 24 June 2020) <https://SabiLaw.org/can-a-woman-be-charged-with-rape-daily-law-tips-tip-595-by-onyekachi-umah-esq-ll-m-aciarbuk/ > accessed 20 April 2021
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44. Onyekachi Umah, “Can a Married Woman Inherit Her Parents’ Property?”, (SabiLaw.org, 27 March 2020) <https://SabiLaw.org/can-a-married-woman-inherit-her-parents-property-daily-law-tips-tip-535-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 20 April 2021
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65. Onyekachi Umah, “#EndPoliceBrutality: Do You Need A Police Permit To Protest?” (SabiLaw.org, 16 October 2020) <https://SabiLaw.org/endpolicebrutality-do-you-need-a-police-permit-to-protest/> accessed 3 November 2020.
66. October 2020. 1 Onyekachi Umah, “Does The President/Governors Have Powers To Lockdown Any Part Of Nigeria Or Restrict Human Rights?” (Daily Law Tips [Tip 537]) <https://SabiLaw.org/does-the-president-governors-have-powers-to-lockdown-any-part-of-nigeria-or-restrict-human-rights-daily-law-tips-tip-537-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 18 October 2020.
67. Onyekachi Umah, “Human Rights That Can Never Be Restricted Even In War, Pandemic or State of Emergency (Daily Law Tips [Tip 539]) <https://SabiLaw.org/human-rights-that-can-never-be-restricted-even-in-war-pandemic-or-state-of-emergency-daily-law-tips-tip-539-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 18 October 2020
68. Onyekachi Umah, “Duty of Government to Pay Compensation for Damages Caused By Riot.” (SabiLaw.org, 4 November 2020) <https://SabiLaw.org/duty-of-government-to-pay-compensation-for-damages-caused-by-riot/> accessed 15 February 2021.
69. Onyekachi Umah, “Who Pays For Properties Damaged or Lost In A Riot In Nigeria” (SabiLaw.org, 6 August 2018) <https://SabiLaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-157-who-pays-for-properties-damaged-or-lost-in-a-riot-in-nigeria/> accessed 3 November 2020.
70. Onyekachi Umah, “List of Fundamental Human Rights In Nigeria.” (SabiLaw.org, 22 October 2020) <https://SabiLaw.org/list-of-fundamental-human-rights-in-nigeria/> accessed 15 February 2021.
71. Onyekachi Umah, “Does The President/Governors Have Powers To Lockdown Any Part Of Nigeria Or Restrict Human Rights?” (Daily Law Tips [Tip 537]) <https://SabiLaw.org/does-the-president-governors-have-powers-to-lockdown-any-part-of-nigeria-or-restrict-human-rights-daily-law-tips-tip-537-by-onyekachi-umah-esq-llm-aciarbuk/ > accessed 18 October 2020.
72. Chris Admin, “Onyekachi Umah Speaks To ChannelsTv On SARS & The New Police Act” (SabiLaw.org, 9 November 2020) <https://SabiLaw.org/onyekachi-umah-speaks-to-channelstv-on-sars-the-new-police-act/> accessed 15 February 2021.
73. Onyekachi Umah, “What Is The Punishment For Any Person Including Police Officers That Tortures Another Person” (SabiLaw.org, 18 December 2018) <https://SabiLaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-251-what-is-the-punishment-for-any-person-including-police-officers-that-tortures-another-person/> accessed 15 February 2021.
74. Onyekachi Umah, “Is Obeying “Orders From Above” a Defence for Torture in Nigeria” (SabiLaw.org, 7 September 2019) <https://SabiLaw.org/is-obeying-orders-from-above-a-defence-for-torture-in-nigeria-daily-law-tips-tip-409-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 15 February 2021.
75. Onyekachi Umah, “Being Present During Torture Without Participating In It, Is A Crime” (SabiLaw.org, 25 November 2019) <https://SabiLaw.org/being-present-during-torture-without-participating-in-it-is-a-crime-daily-law-tips-tip-464-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 15 February 2021.
76. Onyekachi Umah, “New Punishment for Security Officers Involved in Torture in Nigeria.” (SabiLaw.org, 27 August 2017) <https://SabiLaw.org/new-punishment-for-security-officers-involved-in-torture-in-nigeria-daily-law-tips-tip-401-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 15 February 2021.
77. Onyekachi Umah, “Watching Torture but not Participating in it, is Torture.” (SabiLaw.org, 19 November 2019) <https://SabiLaw.org/watching-torture-but-not-participating-in-it-is-torture-daily-law-tips-tip-460-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 15 February 2021.
78. Onyekachi Umah, “Any Security Agency’s Manual/Protocol that Allows Torture Even for National Security Cases is Unlawful and its Officers are Liable.” (SabiLaw.org, 11 September 2019) <https://SabiLaw.org/any-security-agency-s-manual-protocol-that-allows-torture-even-for-national-security-cases-is-unlawful-and-its-officers-are-liable-daily-law-tips-tip-412-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 15 February 2021

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