Brief history of criminal law in nigeria pdf

The nigeria criminal justice system and its effectiveness in criminal behaviour control. Chapter 1 historical background of criminal law 3 1. Chapter 1 the indigenous african system of criminal justice. It would enable the students to know the purpose of criminal law as. Islam reached nigeria through the borno empire between 1068 bc and hausa states around 85 ad during the 11th century, while. These laws and protocols concern many aspects of their life. Therefore, the basis of the nigerian criminal law is the english law. The university of ibadan was the first university to open in nigeria, and its scholars set up the history departments at most of nigeria s other universities, spreading the ibadan historiography. Those who served as constables and justices of the peace did so voluntarily and were not typically paid for their services.

These form the basis of what is termed the customary law in nigeria. This book will be of value to anyone with an interest in law and legal history. Nigeria s capital territory of nigeria lagos was annexed by the british in 1849. Criminal justice is the delivery of justice to those who have committed crimes. Having firmly and solemnly resolve, to live in unity and harmony as one indivisible and indissoluble sovereign nation under god, dedicated to the promotion of interafrican solidarity, world peace, international cooperation and understanding. The sharia penal code law spcl adopted by twelve states since 1999. Principles such as competency, relevancy, attorneyclient and priestpenitent privilege, and hearsayare wellestablished common law principles in western jurisprudence. A socialpsychological analysis article pdf available february 2017 with 22,875 reads how we measure. Criminal legislation is the most important component of the criminal justice system because it defines rights, duties, obligations and relationships with other components. That said, the starting point for many administrative law.

In the southern part of the country, which is largely christian in religion, the criminal code of. The southern part of nigeria makes use of the criminal code, while the northern part of nigeria makes use of the penal code get the criminal lawyer consultation to learn details. Criminal law in nigeria has been a major reference point for about three. Criminal law falls under the branch of substantive criminal law. Learn more about the principles and types of criminal law in this article. The penal code introduced into northern nigeria in 1959 derives. International humanitarian law modern international criminal law also borrows heavily from ihl. In the result, this historical phase became the focus of the study. 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 document referenced below is part of the ncjrs virtual library collection. Pdf free download and also related files, click link below to download. The indigenous african criminal justice system for the modern world. The first section will focus on a brief history of nigeria as a background to the paper.

Here we will discus assault under nigerian criminal law. The history of criminal law, crime and criminal justice. Nigerias sharia criminal procedure codes by philip ostien. The history of criminal law michigan criminal lawyer. The nigerian legal system makes effort to bring all these aspects into consideration too. The theory and practice of criminal justice in africa the web site. Historical evolution of nigerian criminal law the jet lawyer.

Before the advent of the british to the area now known as nigeria, there were different systems for the administration of criminal law. A grasp of the current conflict surrounding the responsibility and direction of the juvenile justice system becomes more obtainable when one takes into consideration how the system has progressed since its inception. Although imprisonment and other forms of punishment pain are generally prescribed under our retributive justice system, it is possible for the law creating an offence to prescribe some. This unit will introduce the students to the history and sources of criminal law in nigeria. Download administration of criminal justice law of lagos. Criminal law and procedure 01 introduction page 4 of 19 a formal rules logical, formal reasoning. Crime and criminality it is criminal to steal a purse, it is daring to steal a fortune. Before the british influence in our laws and institutions, there were customary laws as there were customary institutions. Pdf criminal liability of corporate persons in nigeria. Thus, the procedural criminal law is to administer the substantive criminal law and give enforcement to it. In the predominantly muslim states of northern nigeria, which contain about half the population of the country, the penal code, law no. O okonkwo, criminal law in nige ria 2 nd edition, spectrum law. Generally, the english common law forms part of the foundation on which the nigerian legal system is built. The history of criminal justice system in nigeria can be traced to precolonial nigeria.

The creation and evolution of criminal law in colonial and post. During the early history of policing, individual citizens were largely responsible for maintaining law and order among themselves. Bail and criminal justice administration in nigeria. Its scholars also wrote the textbooks that were used at all levels of the nigerian education system for many years. The economic and financial crimes commission efcc is a nigerian law enforcement agency that investigates financial crimes such as advance fee fraud 419 fraud and money laundering. Free criminal law books download ebooks online textbooks. The efcc was established in 2003, partially in response to pressure from the financial action task force on money laundering fatf, which named nigeria as one of 23 countries noncooperative in the international. Morris, a history of the adoption of criminal law and procedure in british colonial. Okonkwo and naish on criminal law i n nigeria cyprian okechukwu okonkwo, michael e. Ihl, also called the law of war or the law of armed conflict, describes those international rules governing armed. This paper will focus on some of these laws and their impacts on women in nigeria. Shire reeves, or sheriffs, were employed fulltime to oversee law enforcement activities within their shires in england and their counties in. The world as it is would be a very cold place if human beings were to live apart from each other, unable to interact or share the same space.

Criminal defense is actually governed by 2 different laws. In england during the 2 nd century bc, the first jail appeared resulting from an increased use of trial and grand jury systems. Chapter 1 historical background of criminal law 1 1. The english government created a system known as common law, which is the process that establishes and updates rules. It would enable the students to know the purpose of criminal law as well as the nature of crime. The text was intended to assist students in understanding the rules of criminal law which would enable them to form a clear idea of the practical task confronting the prosecution and defence in the trials of specific people. Attempts at codification of criminal law in england and wales. Introduction to nigerian criminal law history and sources of. Economic and financial crimes commission wikipedia. In addition to the writers sample survey, estimates from works done by others in this area support the position. Case law analysis of these common law principles adds or detracts to the developing law of. The new sharia penal codes enacted at that time are then described and discussed. The colloquium on the history of transnational criminal law, political violence and transnational police cooperation presents recent research projects and discusses basic methodological issues of the institutes research field history of criminal law, crime and criminal justice.

Colonialism and the criminal justice system in nigeria. The essay begins with a brief history of the law of criminal procedure in the northern states of nigeria, from the colonial period up to 19992000. 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. Stay informed register with ncjrs to receive ncjrss biweekly enewsletter justinfo and additional periodic emails from ncjrs and the ncjrs federal sponsors that highlight the latest research published or sponsored by the office of justice programs ncjrs abstract. Of nigeria while the penal code is applicable in the northern states of nigeria. Publications national criminal justice reference service. In the southern part of nigeria, the criminal justice system was administered using the local traditions of the society. Karibiwhyte spectrum law publishing ibadan, nigeria wikipedia citation please see wikipedias template documentation for further citation fields that may be required. The history of nigeria can be traced to prehistoric settlers nigerians living in the area as early as 1100 bc. University of lagos faculty of law introduction to law jil 001 lecture notes history of the nigerian judicial system in previous classes, we learnt about the meaning, nature and function of law, and we agreed that one way of understanding the nature of law is by identifying its functions. They can define rights and responsibilities of members of. In several communities in the precolonial nigeria, the laws differs, it should however be remembered the ultimate goal of the diverse. In most parts of the north, the criminal justice system was regulated by.

You are required to study it a compulsory 300 level four credit course. Penal new interchange book 1 pdf code with provisions of sharia criminal law, and. Abortion in nigeria is governed by two different laws. The purpose of this article is to provide a historical narrative of the devel opment and subsequent evolution of nigerias criminal justice system. Challenges of investigation in the nigeria criminal justice system. A reappraisal by eghosa osa ekhator1 abstract women in nigeria face many challenges and discrimination under some extant laws.

While congress creates authority, the president enforces that authority, and courts confine or discipline the exercise of that authority, it is agencies that govern. The essay begins with a brief history of the penal law of the northern states of nigeria, from the colonial period up to 19992000, when twelve northern states began their programmes of sharia implementation. Ultimately it is up to all of us to come together to change the culture of pervasive sexual harassment in nigeria, especially in the workplace. A history of class formation in the plateau province of nigeria, 19021960. Pdf the nigeria criminal justice system and its effectiveness in. It is a compulsory course in your degree programme.

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. By the 18th century, european law began to specifically address criminal activity and the concept of trying criminals in a court room setting began to develop. 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. In early times, when the first humans appeared on earth, laws were not needed, because. The juvenile justice system was created in the late. Particular attention is paid to criminal procedure in the muslim courts in the colonial period, the sources in the fiqh on which it was based, and the problems it raised as independence approached. If a state statute requires two witnesses for a valid will, having only one witness renders the will invalid, but does not result in criminal charges. But the book is not just an analysis of what is wrong with the nigerian. Punishment for assault under nigerian criminal law.