Concise "Criminal Law in Nigeria in the Last 53 years: Trends and Prospects"

Question 1

What is the dual role of criminal law in society?

Answer 1

It maintains law and order while signaling societal disapproval of harmful acts and protecting moral norms that deserve legal safeguards.

Question 2

Why is it important for criminal law to evolve?

Answer 2

To address contemporary realities, such as emerging crimes and societal changes.

Question 3

How were legislative powers over criminal laws distributed under the 1960 Constitution?

Answer 3

• Federal Parliament: Exclusive and Concurrent Legislative Lists.

• Regions (now States): Residual Legislative List and areas not covered under Exclusive and Concurrent lists.

Question 4

What was the implication of legislative conflicts between federal and state laws?

Answer 4

Federal laws prevail under Section 4(5) of the 1999 Constitution.

Question 5

What was decided in Attorney General of Ondo State v. Attorney General of the Federation & 35 Ors.?

Answer 5

• The Supreme Court upheld the constitutionality of the ICPC Act.

• Federal and state governments have concurrent powers to legislate on corruption, but federal law prevails in conflicts.

Question 6

What was the origin of Nigeria’s criminal law?

Answer 6

Derived from British colonial heritage, with the Criminal Code (CC) for Southern Nigeria and the Penal Code (PC) for Northern Nigeria.

Question 7

What is notable about Lagos State’s reform?

Answer 7

The Criminal Law of Lagos State 2011 modernized laws, introduced new offences, and clarified outdated provisions.

Question 8

What are the main anti-corruption laws in Nigeria?

Answer 8

• The Corrupt Practices and Other Related Offences Act (ICPC Act).

• Economic and Financial Crimes Commission (EFCC) Act.

Question 9

What issue persists in anti-corruption laws?

Answer 9

They focus mainly on public-sector corruption, neglecting bribery in the private sector.

Question 10

How did the courts interpret ‘corruptly’ in Biobaku v. Police?

Answer 10

Justice Bairamian explained ‘corruptly’ as offering or receiving benefits to sway public officials from honest duties, but the term remains undefined in the law.

Question 11

Which laws address economic crimes?

Answer 11

• Counterfeit Currency (Special) Provisions Act.

• Money Laundering (Prohibition) Act 2011.

• Advanced Fee Fraud and Other Fraud Related Offences Act 2006.

• Failed Banks Act.

Question 12

What role does the EFCC play in economic crimes?

Answer 12

Prosecutes offences and claims to have recovered over $11 billion and secured over 600 convictions.

Question 13

What laws address international obligations?

Answer 13

• NDLEA Act: Addresses drug trafficking and international conventions.

• Trafficking Act: Criminalizes trafficking in persons under international treaties.

Question 14

What controversies surround retroactive penal legislation?

Answer 14

Laws like the Recovery of Public Property Decree 1984 violated constitutional bans on retroactive laws, as highlighted in cases like Nasiru Bello v. Attorney General of Oyo State.

Question 15

What significant reforms were introduced by Sharia Penal Codes?

Answer 15

• Addressed Islamic values like prohibition of alcohol (Section 403 PC).

• Imposed controversial punishments like amputation for theft (Zamfara Sharia Penal Code Sections 144–147).

Question 16

Mention notable cases under Sharia Penal Codes.

Answer 16

• Commissioner of Police v. Yakubu Tudu & Safiyatu Hussaini: Safiyatu was sentenced to death by stoning but won on appeal.

• Commissioner of Police v. Aminu Lawal & Yahayya Muhammed: Conviction for adultery overturned on technical grounds.

Question 17

What are the key reforms in Lagos State?

Answer 17

• Simplified legal language and introduced offences like cybercrimes and acts of terrorism.

• Widened theft definitions to include fraudulent land dealings.

Question 18

What has been the trend regarding the death penalty in Nigeria?

Answer 18

It remains for murder, treason, and armed robbery. Some states recently introduced it for kidnapping and terrorism.

Question 19

What constitutional challenges exist against the death penalty?

Answer 19

Critics argue that punishments like stoning and amputation violate Section 34(1)(a) of the 1999 Constitution, prohibiting inhuman and degrading treatment.

Question 20

Mention relevant cases discussing the death penalty.

Answer 20

• Uzoukwu v. Ezeonu II: Defined inhuman treatment as barbarous and cruel.

• Furman v. Georgia (US Supreme Court): Highlighted that death penalties must not be cruel or unusual.

Question 21

How has Nigeria responded to international conventions on bribery and corruption?

Answer 21

Complied with public-sector provisions but has yet to address private-sector bribery.

Question 22

What is missing in Nigeria’s cybercrime laws?

Answer 22

Specific legislation; existing property laws inadequately cover cybercrimes.

Question 23

What are the main challenges in Nigeria’s criminal law system?

Answer 23

• Outdated laws in Southern states.

• Controversial Sharia punishments.

• Gaps in addressing cybercrimes and private-sector corruption.

Question 24

What steps are recommended for reform?

Answer 24

• Comprehensive reviews of the CC and PC.

• Suspension and consultation on the death penalty.

• Creation of cybercrime legislation.

• Align Sharia laws with constitutional protections.