History and Sources of Nigeran Criminal law

1.          Introduction

2.          Objectives

3      Main Content

4.          Conclusion

5.          Summary

6      Tutor Marked Assignment

Introduction:

Nigeria has over 350 ethnic – linguistic groups, each with its own  custom, level of socio-economic development; social needs and challenges. Each of the different groups had its own system of administering justice – criminal or civil. The system of law was informed, based largely on unwritten customary law (including Sharia’h law which was written). These laws were humane, and flexible but also served the law.

The linguistic groups have their custom which guided their behaviour. Among there , there are brand similarities which serve as bounds among the groups. These bounds are further reinforced by strong and common beliefs and diagrams. It is from the custom of these communities or particular ethnics groups that customary law is distilled. It is law by virtue of its nature as an expression of the general consciousness of  right, not by virtue of the sanction.

Characteristics of a customary law:

• Minor of accepted usage or incline of the people that observe it
• Flexible, organic, regulatory and a living law of the indigenous people who are subject to it
• Unwritten , either wholly or partly
• Long and unvarying habits and in existence at the internal time, not dead ashes or customs of by gone days
• Accepted as a custom of universal application and enjoying the assent of the community.

Colonial law

The British and other foreign traders, missionaries. explorers or aliens came with their notion of justice, order and the society. In this unit, you will learn how these laws evolved.

Customary Criminal Law.

The nichion of ethnic – linguistic groupings connotes some level of interaction and human organizations, implying that they probably existed, a scheme of rules or law coupled with instruments of compulsion wheh had the effect of enforcing obedience. If this was not the case, the groups would not have survived.

The laws, as they were, varied with groups, space, character,, and level of social and economic development and challenges. As one moved from  one group to another or one place or age to another, there were observable different and sometimes  conflicting  norms  and  pract Certain practices by common adoption and long unvarying habits, have grown to have the force of law. They became the organic law of the indigenous peoples, and they regulated their lives and transactions.. These became the customary law- civil or criminal.

It is not every custom that is customary law and customs. As a result of the cession of Lagos and the Berlin Conference and subsequent partition of Africa,. Britain increased her concerted effort to assert her authentic claim over Nigeria. By various ordinances, Britain laws were extended to Nigeria.

At first, the received law operated side by side with indigenous law. Later, the British type of courts presided over by Britons enforced local laws which they considered were not repugnant to natural justice, equity and good conscience or incompatible with any local statute. Still much later customary criminal law was completely abolished. This received constitutional expression in the Constitution of 1960 which provided as follows:

No person shall be convicted of a criminal offence unless           that offence is defined and the penalty therefore is prescribed in a written law.

This provision has been replicated in all the subsequent Constitutions.

Codification of the Criminal law.

In the last few decades of the 19^th Century, an attempt was made to codify the Common Law. That draft Code by Sir James Fitstephen in 1878, was modified and adapted as the Criminal Code for Queensland, Australia in 1899 and the protectorate of Northern Nigeria in 1904. Following the amalgamation of the Colony and protectorate of Southern Nigeria and the protectorate of Northern Nigeria in 1914, the Criminal Code was made applicable to the whole of Nigeria. In 1959, the Northern Region of Nigeria repealed the Criminal Code and adapted the Penal Code, which was modeled after the Maliki law and the Penal Code of the Sudan and India. Thus at Independence, the Penal Code applied in the Northern Nigeria while the Criminal code applied in the Western and the Eastern Nigeria. To day, the Penal Code applies in the  19 Northern States while the Criminal code applies in the rest of 17 Southern States of the federation.

Source of the Criminal Law is:

The source of the Criminal Law is the statute. A statute includes the following:

• An Act of the National Assembly
• A law of the State House of Assembly
• A decree of the Federal Military
• An edict of the state military governor
• A subsidiary legislation

          Conclusion

The Nigerian legal system has substantial body of detailed legislation which comprises the primary sources of Nigerian Criminal Law. The Criminal law is written, pragmatic and exhaustive.

Summary

Pre-colonial law on crime was the customary criminal law. During the British dependency, the English type of law and judicial institutions, and the customary law initially operated side by side. Following the Parliamen’ts articulation of what should be the law on crime, the customary law ceased to exist except in so far as they are written. The source of Criminal in Nigeria is statute.

Tutor-Marked Assignment

Account for the History of the Law on Crime in Nigeria.

References

1. Slapper ,  A  Slapper;  G  :      The English Legal System, 7^th Ed, Cavendish Publishing Ltd India
2. Jefferson, M The Constitution of the Federal Republic of Nigeria
3. FGN: - The Criminal Code

-                 The Penal Code