Criminal Law in Nigeria in the last 53 Years: Trends and Prospects for the Future

• Author: Akeem Olajide Bello
• Position: Lecturer Grade I, Department of Public Law, Faculty of Law, University of Lagos, Lagos, Nigeria
• Pages: 15-37

Abstract: Objectives:

The arti

Nigeria in the last 53 years. It

criminal laws between the fede

examination of federal laws reve

international criminal law issues

in Northern Nigeria of Sharia P

2011. A common trend is the

Implications

: While federal crim

have gene

rally failed to respond

southern states cr iminal laws

demonstrates the need for s out

realties, the federal government

suspension of death penalty and

Keywords:

federal offences; stat

1. Introduction

The Criminal Law is an im

it also signals society’s di

society and violates mo

Consequently, the Cri

mina

respond to contemporary r

created to cover emergin

Nigeria in 1960 (when Nig

1

Lecturer Grade I, Department o

34-

01, Lagos State, Nigeria. Te

jidekate@hotmail.com.

JURID

Criminal Law in Nigeria in the L

ast

Years: Trends and Prospects for the Fut

Akeem Olajide BELLO

1

rticle is an overview of de velopments in substantive criminal l

It examines the sharing of constitutional legislative powers to

ederal (national) government and the state ( local) gov

ernments

evealed proactive legislative activity responding to emerging loc

es. The main development at the state level is the introduction by

a Penal

Codes and the enact ment of the Criminal Law of Lagos

the entrenchment of death penalty as punishment for some c

criminal laws have responded to emerging r ealties, state crimina

nd to emerging issues at the state level. Consequently, in most

s introduced in 1916 have continued to apply.

Value:

The

outhern States to reform their criminal laws t

o respond to eme

nt to respond to some outstanding criminal law issues and calls

nd a revaluation of its continued relevance.

state offences, corruption, death penalty;

Sharia

important vehicle not only for maintaining law and o

disapproval of acts and omissions which are injurio

moral norms which are worthy of legal protec

inal Law should keep pace with evolution of society

y realties that require its intervention. New crimes ma

ing realities. The core of substantive Criminal La

igeria became ind

ependent from Britain) bore the imp

nt of Public Law, Faculty of Law, University of Lagos, Lagos, N

Tel.:

+2348155489004, fax: +234(1) 493.2660 .

Corresponding a

AUDJ, vol. 9, no. 1/201

3, pp.

RIDICA

15

ast 53

Future

l law in

to enact

nts. The

local and

by States

os State

crimes.

inal laws

st of the

he paper

merging

alls for a

d order,

rious to

tection.

ety and

may be

Law in

mprints

Nigeria.

g author:

p. 15

-37

ACTA UNIVERSITATIS DANUBIUS Vol 9, no. 1/2013

16

of Nigeria’s British colonial heritage. Fifty three years on, the core of Nigeria’s

substantive criminal law still largely retain English concepts of criminal

responsibility and principles. With the exception of the Northern States (to a

certain extent) and Lagos State, the core of substantive criminal law in Nigeria has

remained the same. There has however been tremendous legislative activity with

respect to criminal legislations falling within federal legislative powers. Despite the

difference in the scale of reform and legislative initiatives at the Federal and State

Levels, a common trend is noticeable.

The objective of the paper is to examine the extent to which the legislative powers

to enact criminal laws in Nigeria have been used to respond to emerging realties

both on the domestic and international law scene. Part II examines the

constitutional framework for substantive criminal laws in Nigeria (as distinct from

the laws regulating criminal procedure and proceedings). Part III highlights and

analyses legislative activities with respect to Federal offences. Part IV highlights

legislative activities at the State level. Part V examines t he common trend in the

developments of substantive criminal law in the last 53 years. Part VI evaluates the

extent to which developments in substantive criminal law at the federal and state

levels have responded to domestic and international criminal law issues. Part VII is

the conclusion and projects into the future.

2. Constitutional Framework for Criminal Laws

The legislative competence of the Parliament of the Federation of Nigeria and the

respective Legislatures for the Northern, Western and Eastern Regions of Nigeria

in 1960 over the creation of offences were set out in the Constitution of the

Federation of Nigeria 1960

1

(hereafter “1960 Constitution”). The Constitution vests

in the Parliament the power to make laws for the peace, order and good

government of Nigeria with respect to any matter included in the Legislative Lists.

2

The 1960 Constitution provided for the Exclusive and Concurrent Legislative

Lists.

3

The legislature of the Regions (regions subsequently became 36 States)

could make laws with respect to any matter that is not included in the Exclusive

Legislative List.

4

The implication of the scheme of sharing of legislative powers

1

2

nd

Schedule to The Nigeria ( Constitution) Order in Counc il, 1960, L.N. 1 59 of 1960 c ontained in

the Annual Volume of the Laws of the Federation of Nigeria 1960.

2

1960 Constitution s. 64(1)(a).

3

See The Schedule to the 1960 Constitution.

4

1960 Constitution, s. 64 (5).