UNIT 2

GENERAL PRINCIPLES OF CRIMINAL RESPONSIBILITY

Criminal responsibility refers to the conditions under which a person can be held legally accountable for a criminal offense. In Nigeria, the principles governing criminal responsibility are entrenched in the Criminal Code Act (applicable in Southern Nigeria) and the Penal Code Act (applicable in Northern Nigeria). See the case of Nyam v. State (1964) NMLR 132 where the Supreme Court held that both actus reus and mens rea must be established to prove a criminal offense and the case of R v. Offiong (1935) 2 WACA 3 which reiterated the necessity of proving both actus reus and mens rea for criminal responsibility. See also the Criminal Code Act under sections 24-25 and the Penal Code Act under sections 51-52. To establish criminal responsibility, two key elements must be present:

1. Actus reus (guilty act): This is the physical component of a crime, which includes any conduct, omission, or state of affairs prohibited by law. It must be a voluntary act or omission.
2. Mens rea (guilty mind): This is the mental component, which includes intent, knowledge, recklessness, or negligence. The required state of mind varies depending on the specific crime.

EXCEPTIONS TO CRIMINAL RESPONSIBILITY

Certain circumstances negate criminal responsibility, including:

1. Insanity: As per section 28 of the Criminal Code and section 51 of the Penal Code, a person suffering from a mental disorder at the time of the act cannot be held criminally responsible.
2. Infancy: See section 30 of the Criminal Code and section 50 of the Penal Code which provide that children under a certain age are not criminally responsible.
3. Intoxication: this is where voluntary intoxication is not a defense, but involuntary intoxication may negate mens rea (See sections 29 and 52 of the Criminal Code and Penal Code, respectively).

CLASSIFICATION OF CRIMES

Crimes can be classified based on their nature and severity. ee the Criminal Code Act under sections 2-4 and the Penal Code Act under sections 3-5 and the case of Eze v. State (2015) LPELR-24405(SC) where the Supreme Court clarified the criteria for classifying offenses. They include:

1. Felonies: these are serious offenses punishable by death or imprisonment for more than three years.
2. Misdemeanors: these are less serious offenses punishable by imprisonment for less than three years, fines, or both. See the case of Queen v. Okoye (1963) 1 All NLR 349 which distinguished between felonies and misdemeanors based on the severity of the punishment.
3. Simple Offenses: Minor offenses punishable by imprisonment for less than six months or fines.

PRINCIPAL OFFENDERS AS PARTIES TO AN OFFENCE

Principal offenders are individuals who directly engage in the commission of a crime or play a central role in its perpetration. See the Criminal Code Act under sections 7-10 and the Penal Code Act under sections 83-85. See also the case of State v. Njoku (2013) LPELR-21137(CA) where the Court of Appeal held that anyone who participates in the commission of a crime is equally liable as a principal offender and the case of Adeoye v. State (1999) 6 NWLR (Pt. 605) 74 which highlighted the concept of joint offenders in the commission of a crime. The categories of principal offenders includes the following;

1. Perpetrators: these are those who physically commit the criminal act.
2. Joint offenders: these are individuals who participate jointly in the commission of a crime.
3. Indirect perpetrators: these are persons who use others to commit the crime.

ACCOMPLICES AS PARTIES TO AN OFFENCE

Accomplices are individuals who assist, encourage, or facilitate the commission of a crime but do not directly participate in its commission. See the Criminal Code Act under sections 7-8 and the Penal Code Act under sections 85-86. See also the case of Ugwumba v. State (1993) 5 NWLR (Pt. 296) 660 where the Supreme Court held that an accomplice who aids and abets a crime is equally liable as the principal offender and the case of Emeka v. State (2001) 14 NWLR (Pt. 734) 666 which explained the liability of accessories before and after the fact. The categories of accomplices includes the following;

1. Aiders and abettors: these are those who assist or encourage the principal offender in committing the crime.
2. Accessories Before the Fact: these are individuals who aid, counsel, or procure the commission of the crime but are not present during its commission.
3. Accessories after the fact: these are persons who assist the principal offender after the crime has been committed, such as by helping them evade capture.

CONCLUSION

By understanding these principles, classifications, and the roles of different parties in criminal offenses, the legal framework for criminal responsibility in Nigeria becomes clearer, ensuring that justice is appropriately administered.