CRIME CONTROL IN NIGERIA

 CONTENTS

1.0       Introduction

2.0       Objectives

• Main Contents
• Defining Crime
• Elements of Crime
• Fighting Corruption in the Political Sphere
• Fighting Corruption and Money Laundering

4.0       Conclusion

5.0       Summary

6.0       Tutor Marked Assignment

7.0       Reference/Further Readings

INTRODUCTION

The Nigerian state is a historical phenomenon. The state as a conceptual variable refers tot eh totality of the materiality of political class domination in a society. However the incidence of crime, organs of crime control, elements of crime and then the relationship between criminal and civil offences, are what we are relating in this unit. But our central focus is to study and understand the trends and patterns of crime control and the extent which the Nigeria State has tackled the issue of crime in the post-military Nigeria.

OBJECTIVES

By the end of this unit, you will be able to know the following:

• The meaning of crime, and its elements
• Crime control in post-military Nigeria
• The role of civil society organization other agencies to fight crime in Nigeria

MAIN CONTENT

Defining Crime:

It is not easy to define a crime so as to indicate from the nature of the act precisely what is a crime and what is not a crime; as a result, any definition of a crime based on the intrinsic quality of an act is bound to fail. This is because conduct may at once be both a crime and a civil wrong, for example stealing, assault.

However, crime refers to a grave and serious form of anti-social behaviour. It is an act of commission or of omission, which tends to the prejudice of the community and is forbidden by law under pain of punishment inflicted by the State – Oputa Curzon noted ‘that crime is any act or omission result from human conduct which is considered in itself or in its outcome to be harmful and which the state wishes to prevent which renders the person responsible liable to some kind of punishment as the result of the state proceedings which are usually initiated on behalf of the state and which are designed to ascertain the nature, extent, and the legal consequences of that person’s responsibility.

Tappan defines crime “as an intentional act or omission in violation of criminal law, committed without defense or justification and sanctioned by the states as a felony or misdemeanor. Thus, from the above definition, one would conceive crime as any act or conduct of an individual or group, or violation of the criminal law of the society. However, if the act or conduct does not violate the criminal law of the society then the act or conduct does not constitute a crime.

Element of Crime:

There are certain conditions that have to be present before an act can be considered as crime. Sutherland and Cressey have drawn attention to the seven interrelated and overlapping conditions, which can make an act a crime, these are:

• There must be harm or injury inflicted on some other person(s) by the actor
• The act must be prohibited by the criminal law at the time it was committed
• There must be intentional or reckless conduct which causes the harm or injury directly or indirectly
• There must be mens rea or criminal intent on the part of the actor when he decides to engage in the act. The intention or motive of the actor must be shown to be willful and deliberate in engaging in the outlawed conduct
• There must be a coincidence of mens rea and actus reas. The mental element (criminal intent) must correspond with physical element (the harmful conduct)
• There must be a casual relationship between the outlawed harm and the voluntary misconduct. This means that if A shot B and B dies later in hospital from typhoid fever, there is no direct link between the gun-shot wound and the death of B
• There must be legally prescribed punishment for the outlawed conduct. If there is no legally sanctioned punishment for the conduct, that conduct does not constitute a crime

Fighting Corruption in the Political Sphere:

Corruption is a criminal act and is a huge challenge in the public administration in Nigeria. It is at the core of the crisis of governance, the establishment of a stable democratic order, rule of law, development and the welfare of citizens. Of all forms of corruption, political corruption has remained a major obstacle to national progress in Nigeria. The current democratic regime has put in place mechanisms that can prosecute the war against corruption, while there is improved awareness on the part of the citizenry of the need to fight corruption. The Economic and Financial Crimes Commission (EFCC) has recorded significant landmarks in the fight against corruption by bringing to book big men engaged in corruption waters. But not much progress has been made in dealing with political corruption in electoral fraud and vote buying as demonstrated by the 2003 elections and 2007 elections. In general, there is a need to check the excessive use of money in politics.

Fighting Corruption and Money Laundering:

The Nigeria Government and Corruption Study (2003) measured the perceptions of Nigerians on the major problems of development and ranked corruption in the public sector only second to unemployment, while corruption in the private sector was ranked 12^th. In 2001 the Nigeria Police in general was adjusted the most corrupt public institution in the country. Most Nigerians surveyed believed that the key organs of bureaucracy and governance (Federal and State Executive Councils and Local Government councils, political parties, members of the National Assembly) were very dishonest.

Since 1999, the Federal Government has shown determination to tackle corruption, as well as improve transparency and accountability. Government equaled its commitment through a number of initiatives and best practices, including, the “no longer business as usual.” Independent Corruption Practices Commission (ICPC), Economic and Finance Crime Commission (EFCC), Police, Customs, Judiciary, Prisons, NAFDAC, Immigration etc. and establishment of the Budget Monitoring and Price Intelligence Unit (BMPIU), are a holistic approach in the strengthening and modernization of institutions whose duty it is to foster and/or engender compliance.

However, the fight against corruption and money laundering in Nigeria faces some challenges, such as the time and resources, the capabilities of the EFCC and ICPC, which are limited. The Nigerian Police, constitutionally empowered to enforce criminal laws, is itself not insulated by the stormy and prevailing social ills. Their actions rather recycle crime and deeper the sophistication of such acts.

SELF-ASSESSMENT EXERCISE

Can you say that crime has been controlled to a reasonable extent in the post-military Nigeria.

CONCLUSION

In this unit, we have discussed what crime is and crime control in our society. We discussed also the elements of crime, corruption in the political sphere and its remedial steps. Fighting corruption and money laundering was also discussed. Thus, we conclude that crime inflicts social injuries to the society, retardation of social-economic and political progress, and brings bad name to the country.

 SUMMARY

Presently, all the necessary mechanism put in place to deter crime seem not to be working, as there is more crime in our society now than ever before, armed robbery has become a norm, as bribery and corruption is now a way of life. Moreover, forgery, white collar crimes, thuggery, murder, political assassinations, arson, looting and plumber of public wealth are entrenched, as rape, sexual offences and ritual murders have become endemic in Nigeria Society.

TUTOR MARKED ASSIGNMENTS

1. What is crime? Explain Elements of crime
2. In your view, what do you think is/are needed to be done to eradicate crime in Nigeria?

REFERENCE/FURTHER READING

Hall J. (1960) - General Principles of Criminal law, Indiahapolis, Bobbs.

Nnanyelugo Okor and Aloysius – Michaels Okolie, (2004) - Law, Policies and Mass Media in Nigeria, Nsukka, Prize Publishers Ltd.

Okonkwo C. O., (1980) - Criminal law, London, Sweat and Maxwell

Tapper P.W., (1990) - Crime Justice and Correction, New York, McGraw Hill Book Co.

APRM Country Self-Assesment Report (CSAR) Executive Summary – NEPAD Nigeria 2008.