GODFREY OKOYE UNIVERSITY
COURSE: CRIMINAL LAW I (LAW 311):
1ST SEMESTER 2024/2025
COURSE CONTENTS
Topic 1. BACKGROUND TO CRIMINAL LAW IN NIGERIA
1.1 Development of Criminal Law in Nigeria
1.2 Sources of Criminal Law in Nigeria
1.3 Meaning of Crime and Forms of Crime
1.4 Courts with Jurisdiction in Criminal Matters
1.4.1 Courts with Original Criminal Jurisdiction
1.4.2 Courts with Appellate Criminal Jurisdiction
1.5 Scope and Purpose of Criminal Law
1.6 ‘Crimes’ Distinguished from ‘Civil Wrongs’
1.7 'Criminal' Law Distinguished From 'Criminology'
1.8 Meaning and Nature of the Nigerian Criminal Justice System
1.9 Burden of Proof versus Standard of Proof
1.10 Customary Criminal Law and Islamic Criminal Law.
TOPIC 2. OFFENCES AGAINST THE PERSON UNDER THE CRIMINAL CODE AND THE PENAL CODE –
TOPIC 3. TRAFFIC OFFENCES AND THE RELEVANT LAWS
TOPIC 4. STATUTORY AND OTHER CLASSIFICATION OF OFFENCES
4.1 Classification into Felonies, Misdemeanors and Simple Offences
4.2 Classification into Indictable and Non-Indictable Offences
4.3 Inchoate (Preliminary) Offences
4.4 Conspiracy
4.5 Attempt
4.6 Procuring (Incitement)
4.7 Strict Liabilities Offences
TOPIC 5. MEANING AND NATURE OF CRIMINAL RESPONSIBILITY
5.1 Elements of Crime
5.2 Physical Elements (Actus reus)
5.3 Mental Element (Mens rea)
5.4 Common Intention and Common Purpose.
TOPIC 6. PARTIES TO A CRIME
6.1 Common Law Perspective
6.2 Statutory Definition
TOPIC 7. CORPORATE CRIMINAL LIABILITY
GODFREY OKOYE UNIVERSITY
COURSE: CRIMINAL LAW II (LAW 322)
2ND SEMESTER 2024/2025
COURSE CONTENTS
TOPIC 1. THE POLICE AND THE ADMINISTRATION OF CRIMINAL JUSTICE IN NIGERIA – DR. JOSEPHAT EMMANUEL OKIKA
1.1 Evaluation of the Relevant Provisions of the Police Act
1.2 The Command and Control Structure of the Police
1.3 Functions and Duties of the Police
1.3.1 Police Duties of Arrest, Investigation and Prosecution
1.3.2 Constitutional Roles of the Police: The Inspector General of the Police and the Police Service Commission.
1.4. Basic Principles on the use of force and firearms by Law Enforcement Officials.
TOPIC 2. NIGERIAN CORRECTIONAL SERVICE CENTERS, STRUCTURE OPERATIONS AND THE LAWS – DR. JOSEPHAT EMMANUEL OKIKA
TOPIC 3. OFFENCES AGAINST PROPERTY UNDER THE CRIMINAL CODE AND THE PENAL CODE – DR. OKEY OMEH 0803743875
TOPIC 4. OFFENCES AGAINST PUBLIC ORDER; THE STATE AND ADMINISTRATION OF JUSTICE. – DR. OKEY OMEH
TOPIC 5. OFFICIAL CORRUPTION AND ABUSE OF OFFICE- DR. OKEY OMEH
5.1 Anti-Corruption Agencies and the Relevant Laws
TOPIC 6. THEORIES AND CATEGORIES OF PUNISHMENT – MRS. JOY NNANI 08037910286
TOPIC 7. GENERAL PRINCIPLES OF SENTENCING - MRS. JOY NNANI
TOPIC 8. GENERAL DEFENCES TO SPECIFIC OFFENCES – DR. OKEY OMEH
TOPIC 9. RIGHTS OF THE DEFENDANTS UNDER THE NIGERIAN CRIMINAL JUSTICE SYSTEM. - MRS. JOY NNANI
9.1 Rights Before Trial
9.2 Rights During Trial
9.3 Post-Trial Rights
TEXTS
RECOMMENDED TEXTS/STATUSES
1. Criminal Law in Nigeria by Okonkwo and Naish (Revised Edition).
2. Criminal Law in Nigeria : A Practitioners Guide – by Anayo Ede, Ph.D
3. The Nigerian Criminal Code Companion by E. O Fakayode
4. Notes on Criminal in Nigerian by Muhammad Tukar Jibril
5. Black’s Law Dictionary, 11th Edition
6. Criminal Law in Nigeria, Offences and Defences by George Nnamani
7. Criminal Law in Nigeria by Oluemisi Bamgbose and Sonia Akinbiyi
Statutes
Criminal Code Act
Penal Code Act/ Sharia Penal code
Police Act
The Constitution of the 1999 Federal Republic of Nigeria (as amended)
LECTURERS:
DR. OKEY OMEH
DR. JOSEPHAT EMMANUEL OKIKA
MRS. JOY NNANI
Course Code: LAW 311 CRIMINAL LAW I
Academic Year: 1ST SEMESTER 2024/2025
LECTURERS: Dr. Okey Omeh, Dr. Josephat Emmanuel Okika, Mrs. Joy Nnani
Introduction:
Criminal law consists of laws that relates to criminal actions. It is one of the core courses taken by law students in Law Faculties in Nigeria. It prescribes criminal acts, theories and categories of punishment for crimes. It also provides for the principles of sentencing offenders and the general defence for specific offences.
The basic Objective of the Course is to identify what constitutes a crime and have knowledge of general defences to specific offences.
Learning Outcome:
By the end of the lessons, students will be able to
1. Know what constitutes a crime.
2. Know their rights and rights of their clients.
3. How to defend themselves and their clients who may be in conflict with the law.
4. Have knowledge of the theories and categories of punishment.
5. Know the general principles of sentencing offenders
Lesson one: PARTIES TO AN OFFENCE
PARTIES TO AN OFFENCE
Introduction:
When an offence is committed, several persons may have participated in it but the level of their involvement may not be the same. The degree of their participation might vary but the law would hold them jointly and severally liable for the commission of the crime. The law regards all of them as partners in crime as encapsulated in the maxim “particeps criminis”.
According to the Criminal Code, two classes of parties have been identified. They are
1. The principal offender.
2. The accessory after the fact. (s.521)
For this topic read sections 7, 8, 9, 10, 510 and 521 of the criminal code.
2.0. Principal Offender
The principal offender under section 7 of the Criminal Code is the person who actually does the act or makes the omission which constitutes the offence. Therefore the principal offender is the person who commits the actual offence or the principal offender is the person whose act is the immediate cause of the physical injury suffered by the victim.
It should be noted that under section 7 of the Criminal Code, those that aid, counsel or procure a crime would still be regarded as liable for the commission of such crime.
When an offence is committed, each of the following persons is deemed to have taken part in committing the offence and to be guilty of the offence and may be charged with actually committing it. They are:
a. Every person who actually does the act or makes the omission which constitutes the offence;
b. Every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence;
c. Every person who aids another person in committing the offence;
d. Any person who counsels or procures any other person to commit the offence.
Although these other actors may be referred to as secondary offenders, their conviction entails the same consequences in all respects as a conviction of committing the offence.
Therefore, any person who procures, aids, abates, or counsels another to do or omit to do any act of such a nature that, if he had himself done the act or made the omission, that act or omission would have constituted an offence on his part, is guilty of an offence of the same kind, and is liable to the same punishment as if he had himself done the act or made the omission; and he may be charged with himself doing the act or making the omission.
Let us highlight the major words used above:
1. Principal: the person who directly and immediately causes the actus reus of the offence.
2. Aider: a person who does or omits to do anything for the purpose of aiding any person to commit the offence.
3. Abettor: a person who encourages or assists someone to do something wrong, in particular to commit a crime (he can be called a helper).
4. Counsellor: is a person who gives advice and encouragement for the commission of an offence. (A member of a political party giving counsel to thugs on how to eliminate an opponent).
As we proceed let us look at Common Intention then we continue with these secondary offenders.
Section 7 of the Criminal Code did not specifically provide for intention (Mens rea) but when read together with section 24 of the Code it will be clear that when you talk about crime you talk about common intention or intent and knowledge. That means that for an offender to be held liable for a crime and convicted, the prosecution must prove common intention and knowledge. Both must be proved not one against the other. That is, in any circumstances, a party to an offence must have both knowledge and intent.
2.1. Secondary Offenders:
As we have seen above, different persons might be involved in the commission of an offence. Those who aid, counsel, or procure the offence. Those who aid, counsel, or procure the offence are regarded as secondary offenders.
In the case of R. v. Bryce (2004) EWCA Crim 1231 & (2004) 2 Cr. Appeal Report (CAR) 35 where a person drove the principal offender to a place near the victim’s house where the principal offender hid himself and then murdered the victim. The driver was convicted of murder as an accessory.
It was held that it was enough that the driver had foreseen the risk of murder being committed and that it was not necessary that as at the time he acted the principal offender had not formed the intention.
The court also held that in charging secondary offenders, phrases like aid, abet and procure should be used. Like you are convicted for murder having aided Mr. A in the commission of the offence of Murder contrary to section 316 of the Criminal Code
In Bashaya v. State (1998) 5 NWLR Pt 550, the deceased, while on a journey, was attacked by a group of men, armed with sticks and other weapons, and was killed. The person who delivered the fatal blow was considered inconsequential and they were all convicted for murder.
EXCEPTIONS
It is imperative to note that where a person commits an offence through an innocent Agent who does not have the capacity or is insane, that person (not the innocent Agent) will be regarded as a principal offender.
It should be noted that the mere presence of the accused at the scene of the crime does not state a case for him having aided or encouraged the commission of the crime. The prosecution has to prove that the accused intended to encourage or encouraged the commission of the crime.
Learning Activities: Let the students read the sections of the criminal code providing for parties to an offence.
Evaluation: Research and discuss cases where a person who is not a principal offender was held to be as guilty as the principal.
Lesson Two:
3.0. Accessory after the Facts
A person who receives another person who has committed an offence and ran away from justice and has knowledge that the other person has committed the offence for which he is wanted for the purpose of enabling him to escape punishment is said to become an “accessory after the fact”. It is therefore a person who assists an offender after the offence has been committed but does not actually participate in the commission of the crime.
3.1. Elements in Offence of Accessory After the Fact:
THESE FOUR ELEMENTS MUST BE PRESENT FOR A PERSON TO BE CLASSIFIED AS AN ACCESSORY AFTER THE CRIME. THEY ARE;
1. Someone who has committed a crime
2. The action of the accessory must be after the person has committed the crime.
3. He must have knowledge that the person committed the crime and finally;
4. He must have the intention to help the person avoid an arrest or punishment.
In summary, a person who provides an escape route for the principal offender is known as an accessory after the fact.
3.2. LIABILITY OF AN ACCESSORY AFTER THE FACT
Section 10 of the Criminal Code provides for the liability of an accessory after the fact. It provides that any person who receives or assists another who is, to his knowledge guilty of an offence, in order to enable him to escape punishment is said to become an accessory after the fact to that offence.
Usually, the punishment attached to an accessory is less in terms of gravity than that attached to the actual offender. For example, while the principal offender is liable to full punishment for the actual and real offences, the punishment of an accessory after the fact to murder is guilty of a felony and is liable to imprisonment for life. See section 322 Criminal Code.
The distinction is that if the substantive offence committed is a felony other than murder, a two-year maximum imprisonment will be imposed on the accessory but if the substantive offence is a misdemeanour or a simple offence, the punishment attached to an accessory is one-half(11/2) of the punishment for the substantive offence. 2C. Read sections 519, 520 and 521.
· So if the principal is convicted for murder an accessory to him will be sentenced to life imprisonment while the principal gets the death penalty.
· If the principal is convicted for any other felony not carrying the punishment of death like stealing which is 3 years imprisonment the accessory gets a maximum of 2 years imprisonment.
· If the principal is convicted of any other offence other than a felony which carries a punishment of less than 3 years the accessory will get one-half of the punishment of the principal.
CATEGORY OF OFFENCES
Offences are of three kinds, namely, felonies, misdemeanours, and simple offences.
1. A felony is any offence which is declared by law to be a felony or is punishable, without proof of previous conviction, with death or with imprisonment for three (3) years or more.
So Felonies include capital offences including stealing which carries 3 years imprisonment.
2. A misdemeanour is any offence which is declared by law to be a misdemeanour or is punishable by imprisonment for not less than six (6) months, but less than three years. E.g. Petty theft: stealing things of low value, Vandalism: damaging of someone's things like windows or phones etc, Trespassing into a restricted area or climbing over someone's fence, driving under the influence of alcohol or drugs, failure to pay taxes or fines owed to government, unauthorized use of someone’s property like computer or cars without asking.
3. All offences, other than felonies and misdemeanours, are simple offences. E.g. minor traffic violations, pickpocketing etc. Some of the crimes under misdemeanour can be categorized as simple offences depending on the circumstances of the case. Section 3 of the Criminal Code.
3.3. Actus Reus for the Offence Of An Accessory
The actus reus for the offence of an accessory is the receipt of the suspect or assistance given to the suspect after he has allegedly committed an offence and the offender now runs away for protection. The reception of the suspect by the accessory will be enough in the eyes of the law provided the accessory knows that the person received or assisted committed an offence or the offence.
Section 519 cc provides that:
Any person who becomes an accessory after the fact to a felony is guilty of felony, and is liable, if no other punishment is provided, to imprisonment for two years.
Section 520 Criminal Code provides that: Any person who becomes an accessory after the fact to a misdemeanour, is guilty of a misdemeanour is liable to a punishment equal to one-half of the greatest punishment to which the principal offender is liable on conviction.
Section 521 Criminal Code provides that: Any person who becomes an accessory after the fact to a simple offence is guilty of a simple offence, and is liable to a punishment equal to one-half of the greatest punishment to which the principal offender is liable on conviction.
3.4. Limitation of Liability as an Accessory
A closer look at the second limb of section 10 of the criminal code shows that a wife is not an accessory if she assists her husband to escape punishment for a crime. This is because emotions such as love, fear or compassion may galvanize or rouse either of them into such help or assistance. In institutionalizing this limitation, the code singled out a husband and wife of a Christian Marriage for favour or protection. This has been criticized as being discriminatory against other forms of marriages however well contracted and well-intended.
4. Conviction of a Party as an Accessory After the Fact.
To secure the conviction of a party as an accessory after the fact, it behooves the prosecution to establish a guilty mind. The party charged as an accessory after the fact must be shown to have the requisite knowledge of the guilt of the person assisted, received and harboured. It must also be proved that the party also had the intention to facilitate the escape of the offender from the due process of Law. See the case of the State v. Mojekwu (1974) East Central State Law Report ECSLR 171 at 173
Aside from aiding and facilitating the escape of the offender, acts of concealing, destruction of evidence through which the offender can be effectually tried, or any other such acts which interfere with due process of prosecution will make a party charged as an accessory after the fact culpable.
Learning Activities: Let the students read the sections of the criminal code providing for accessories after the fact.
Evaluation: Explain the provisions of the second limb of section 10 of the criminal code. Divide the class in two to argue for and against the second limb of section 10 of the criminal code.
- Lecturer : Joy Nnani