Criminal Law in Nigeria, Second Edition

• NCJ Number: 78804
• Author(s): C O Okonkwo
• Date Published: 1980
• Length: 419 pages
• Language: English
• Country: United Kingdom

Annotation

A revision of a 1964 edition, this book discusses the general principles of Nigerian criminal law and then describes laws and relevant judicial decisions for specific crimes, including homicide, defamation, forgery, unlawful assembly, and corruption.

Abstract

An overview of the origins of Nigerian criminal law focuses on its relationship with English common law but emphasizes that Nigerian legislative enactment is the primary source of law. To give some perspective to the sociological context of crime, the meaning of crime and the object of an offense covers both physical and mental factors. The system of classifying offenses into felonies, misdemeanors, and simple offenses is explained, as is the underlying principle that liability cannot exist without fault. Following a review of the code's positions on the legal meaning of criminal responsibility and burden of proof, defenses which can be raised in any criminal trial are outlined. These include accident, mistake of fact, bona fide claim of right, extraordinary emergencies, circumstances in which persons are forced to take unlawful actions to defend themselves or fulfill a legal duty, immaturity, relationships between husbands and wives, and corporate liability. Other defenses considered are insanity, automatism where an act is independent of the exercise of will, and intoxication. The liabilities of both principal parties and accessories are detailed, as are the preliminary offenses of attempt and conspiracy. The text then presents codes and judicial decisions which address individual crimes, beginning with homicide and assaults. Other chapters concern defamation of character, bigamy, demanding property with threats, robbery, burglary, obtaining property under false pretenses with intent to fraud, receiving stolen property, forgery, treason and disclosure of official secrets, unlawful assembly, corruption of public officials, and perjury. Tables identify cases cited and legislation. Footnotes and an index are provided.