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. In most parts of the north, the criminal justice system was regulated by. 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. International humanitarian law modern international criminal law also borrows heavily from ihl. This paper will focus on some of these laws and their impacts on women in nigeria. Its scholars also wrote the textbooks that were used at all levels of the nigerian education system for many years.
The juvenile justice system was created in the late. Karibiwhyte spectrum law publishing ibadan, nigeria wikipedia citation please see wikipedias template documentation for further citation fields that may be required. A socialpsychological analysis article pdf available february 2017 with 22,875 reads how we measure. Crime and criminality it is criminal to steal a purse, it is daring to steal a fortune. 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. This unit will introduce the students to the history and sources of criminal law in nigeria. Attempts at codification of criminal law in england and wales. 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 several communities in the precolonial nigeria, the laws differs, it should however be remembered the ultimate goal of the diverse. In the southern part of the country, which is largely christian in religion, the criminal code of. The new sharia penal codes enacted at that time are then described and discussed. Numerous ancient african civilizations settled in the region that is today nigeria, such as the kingdom of nri, the benin empire, and the oyo empire. The first section will focus on a brief history of nigeria as a background to the paper. Free criminal law books download ebooks online textbooks.
The nigeria criminal justice system and its effectiveness in criminal behaviour control. It is a compulsory course in your degree programme. In the result, this historical phase became the focus of the study. Therefore, the basis of the nigerian criminal law is the english law. In early times, when the first humans appeared on earth, laws were not needed, because.
These form the basis of what is termed the customary law in nigeria. 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. Historical evolution of nigerian criminal law the jet lawyer. The history of criminal justice system in nigeria can be traced to precolonial nigeria. Criminal law falls under the branch of substantive criminal law. 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. Abortion in nigeria is governed by two different laws. Bail and criminal justice administration in nigeria. Download administration of criminal justice law of lagos. Shire reeves, or sheriffs, were employed fulltime to oversee law enforcement activities within their shires in england and their counties in.
Here we will discus assault under nigerian criminal law. Ihl, also called the law of war or the law of armed conflict, describes those international rules governing armed. Before the british influence in our laws and institutions, there were customary laws as there were customary institutions. 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. Case law analysis of these common law principles adds or detracts to the developing law of. It would enable the students to know the purpose of criminal law as. The nigerian legal system makes effort to bring all these aspects into consideration too. World factbook of criminal justice systems nigeria.
Chapter 1 historical background of criminal law 3 1. Publications national criminal justice reference service. In england during the 2 nd century bc, the first jail appeared resulting from an increased use of trial and grand jury systems. Principles such as competency, relevancy, attorneyclient and priestpenitent privilege, and hearsayare wellestablished common law principles in western jurisprudence. Okonkwo and naish on criminal law i n nigeria cyprian okechukwu okonkwo, michael e. Criminal justice is the delivery of justice to those who have committed crimes. Before the advent of the british to the area now known as nigeria, there were different systems for the administration of criminal law. 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. Chapter 1 historical background of criminal law 1 1.
This book will be of value to anyone with an interest in law and legal history. Thus, the procedural criminal law is to administer the substantive criminal law and give enforcement to it. Morris, a history of the adoption of criminal law and procedure in british colonial. Islam reached nigeria through the borno empire between 1068 bc and hausa states around 85 ad during the 11th century, while. 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.
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. The document referenced below is part of the ncjrs virtual library collection. Nigeria s capital territory of nigeria lagos was annexed by the british in 1849. The indigenous african criminal justice system for the modern world. Economic and financial crimes commission wikipedia. The history of criminal law michigan criminal lawyer. 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. 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. Criminal law, the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders. It would enable the students to know the purpose of criminal law as well as the nature of crime. Overview administrative law is the study of governance. 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.
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. In addition to the writers sample survey, estimates from works done by others in this area support the position. Introduction to nigerian criminal law history and sources of. Criminal defense is actually governed by 2 different laws. A history of class formation in the plateau province of nigeria, 19021960. These laws and protocols concern many aspects of their life. The history of criminal law, crime and criminal justice. 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.
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. That said, the starting point for many administrative law. Nigerias sharia criminal procedure codes by philip ostien. The creation and evolution of criminal law in colonial and post. The purpose of this article is to provide a historical narrative of the devel opment and subsequent evolution of nigerias criminal justice system. The sharia penal code law spcl adopted by twelve states since 1999. Chapter 1 the indigenous african system of criminal justice. 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. Punishment for assault under nigerian criminal law. You are required to study it a compulsory 300 level four credit course. 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.
Pdf the nigeria criminal justice system and its effectiveness in. 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. In the southern part of nigeria, the criminal justice system was administered using the local traditions of the society. During the early history of policing, individual citizens were largely responsible for maintaining law and order among themselves. The history of nigeria can be traced to prehistoric settlers nigerians living in the area as early as 1100 bc.
Challenges of investigation in the nigeria criminal justice system. 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. Pdf free download and also related files, click link below to download. Criminal law in nigeria has been a major reference point for about three. 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. The penal code introduced into northern nigeria in 1959 derives. 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. 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.
Colonialism and the criminal justice system in nigeria. The english government created a system known as common law, which is the process that establishes and updates rules. They can define rights and responsibilities of members of. Learn more about the principles and types of criminal law in this article. But the book is not just an analysis of what is wrong with the nigerian. The theory and practice of criminal justice in africa the web site. Of nigeria while the penal code is applicable in the northern states of nigeria. Criminal law and procedure 01 introduction page 4 of 19 a formal rules logical, formal reasoning. In the predominantly muslim states of northern nigeria, which contain about half the population of the country, the penal code, law no.