UNIT 1

GENERAL INTRODUCTION AND PURPOSE OF CRIMINAL LAW

Criminal law is a body of law that pertains to crime and the punishment of those who commit crimes. Its primary purpose is to maintain public order and safety by defining what constitutes a criminal act and prescribing the appropriate penalties for such acts. See the Constitution of the Federal Republic of Nigeria 1999 (as amended) under section 36 that talks about the right to a fair hearing. See also the Criminal Code Act (Southern Nigeria) where section 24 talks about the presumption of innocence, section 319 talks about offenses against the person, such as murder and the Penal Code Act (Northern Nigeria) under section 221 which provides for culpable homicide punishable with death and section 308 which provides for the presumption of innocence. Criminal law serves several key purposes which includes the following:

1. Deterrence: this is to discourage individuals from engaging in behavior that is harmful to society by imposing penalties.
2. Retribution: this is to ensure that offenders are punished in a manner that is proportionate to the crime they have committed.
3. Rehabilitation: this is to reform offenders so that they can reintegrate into society as law-abiding citizens.
4. Protection of society: this is to protect the public from dangerous individuals by incarcerating them.
5. Restoration: this is to compensate victims and restore them to their original position as much as possible.

THE CONTENT OF CRIME

Crime consists of both an action (actus reus) and a mental state (mens rea). To convict an individual of a crime, it must be proven that they committed the act with a guilty mind. The elements of crime includes the following;

1. Actus reus: this is the physical act of the crime.
2. Mens rea: this is the mental intent to commit the crime.
3. Concurrence: this is the coexistence of both actus reus and mens rea.
4. Causation: this is where the act must cause the harm.
5. Harm: this is the occurrence of harm as a result of the act.

HISTORY AND SOURCES OF NIGERIA CRIMINAL LAW

Nigeria's criminal law has evolved over time, drawing from various sources:

1. Pre-colonial law: this is where traditional customs and practices formed the basis of legal systems in various Nigerian communities.
2. Colonial era: this is where the British colonial administration introduced English common law, which significantly influenced Nigerian criminal law.
3. Post-independence: this happened after gaining independence in 1960, where Nigeria retained much of the English common law while developing its legal system.

SOURCES OF NIGERIAN CRIMINAL LAW

1. Constitution of the Federal Republic of Nigeria 1999 (as amended): this is the supreme law of the land.
2. Criminal code act: this is applicable in the southern states of Nigeria.
3. Penal code act: this is applicable in the northern states of Nigeria.
4. Case law: this is the judicial decisions that interpret and apply laws.
5. Statutes and legislation: these are laws enacted by the National Assembly and State Houses of Assembly.
6. Customary law: these are traditional laws recognized in various communities.

ELEMENTS OF MENS REA

Mens rea refers to the mental state or intent of a person when committing a crime. It is a crucial element in establishing criminal liability. There are different levels of mens rea which includes the following:

1. Intention: this is the deliberate and purposeful decision to commit an act. See the case of Queen v. Akerele (1941) 7 WACA 219.
2. Recklessness: this is the conscious disregard of a substantial and unjustifiable risk. See the case of Bola v. The State (2007) 4 NWLR (Pt. 1023) 1.
3. Negligence: this is the failure to be aware of a substantial and unjustifiable risk that constitutes a deviation from the standard of care a reasonable person would observe. See the case of R v. Ezediokpu (1961) All NLR 78.
4. Knowledge: this is the awareness that one's actions are practically certain to cause a particular result. See the case of Kaza v. The State (2008) 7 NWLR (Pt. 1085) 125.

ELEMENTS OF ACTUS REUS

Actus reus is the physical element of a crime, consisting of all the actions or omissions that constitute the external components of the offense. It includes the following:

1. Conduct: this is the behavior or actions of the defendant. See the case of Nwali v. The State (1991) 7 NWLR (Pt. 204) 329.
2. Circumstances: this is the surrounding context or situation in which the act takes place. See the case of Okeke v. The State (1999) 2 NWLR (Pt. 590) 246.
3. Consequences: this is the result or outcome of the act. See the case of Uche v. The State (2015) 11 NWLR (Pt. 1469) 454.

OMISSIONS AS ACTUS REUS

In some cases, a failure to act can constitute actus reus if there is a legal duty to act:

1. Statutory duty: these are duties imposed by law, such as the duty to provide for a child. See the case of Adeyemi v. The State (2013) LPELR-20337(SC).
2. Contractual duty: these are duties arising from a contract. See the case of R v. Pitwood (1902) 19 TLR 37.
3. Duty from relationship: these are duties arising from personal relationships, such as between parent and child. See the case of R v. Gibbins and Proctor (1918) 13 Cr App R 134.

CONCLUSION

These notes should provide a comprehensive understanding of the basic principles of criminal law in Nigeria, focusing on the foundational concepts and their practical applications through relevant cases and statutory references.