TOPIC ONE: THE OFFENCE OF STEALING. Criminal law aims to protect property, to this end, “stealing” has been criminalized. Section 383(1) of the Criminal Code provides; a person who fraudulently takes anything capable of being stolen or fraudulently converts to his own use or the use of another anything capable of being stolen is said […]
TOPIC 2: OBTAINING BY FALSE PRETENCE. This is the popular 419, contained in Section 419 of the Criminal Code provides that, when a person by any false pretence and with the intent to defraud obtains from another, anything capable of being stolen or induces any person to deliver to any person anything capable of being […]
TOPIC THREE: CHEATING. Section 421 provides; any person who by a fraudulent trick or device obtains from another anything capable of being stolen or induces delivery OR causes a person to pay a greater sum or delivery of goods than that he would have gotten if not for the trick/device. The Section provides liability of […]
TOPIC FOUR: OBTAINING CREDIT BY FRAUD. Section 13 (1) of the Debtors Act makes it an offence for someone to obtain credit by fraud. There must have been a false pretence: Past, present or future. The pretence must have enabled the accused to obtain credit: as was seen in R V Jones, where the accused […]
TOPIC FIVE: RECEIVING STOLEN PROPERTY AND UNLAWFUL POSSESSION. Section 427 of the Criminal Code provides that it is an offence to “knowingly” receive anything which has been obtained by an act constituting a felony or a misdemeanour. Local or foreign. The actus reus of this offence is the receipt of property obtained by a means […]
TOPIC SEVEN: THE DEFENCE OF BONAFIDE CLAIM OF RIGHT. Generally, there can be no criminal liability without fault. However, the defence of bona fide claim of right can negative the fraudulent intention. Section 23 of the Criminal Code provides that there shall be no liability in property offences for an act or omission of the […]
TOPIC EIGHT BURGLARY AND HOUSEBREAKING Though technical, this topic would be best understood if the reader understands the guiding principles and tries to visualise every explanation and case. Section 411 and 410 of the Criminal Code provides for this. A similar provision is found in Section 346 of the Penal Code. :: The offence of […]
TOPIC NINE: FORGERY AND UTTERING. Section 465 of the Criminal Code provides that where a person knowingly makes a false document or writing: With the intent that it shall be acted upon as genuine to the prejudice of any person. OR That any person may in the belief that it is genuine be induced to […]
TOPIC TEN: ROBBERY AND ARMED ROBBERY. The mental and physical trauma caused by the use or threat of violence in effecting a theft is repugnant in the eyes of the law. To this extent, the offences of robbery and armed robbery have been criminalised. :: As has been noted in FRN V Musa Iyaro, the […]
TOPIC ELEVEN: CRIMINAL CONTEMPT. It is a willful ACT OR OMISSION capable of bringing judicial authority into disrepute or an act capable of obstructing the administration of justice, Atake V A.G Federation; Awobokun V Adeyemi. Such are criminalised. See Sections 133 and 115 of the Criminal Code and Penal Code respectively. Blackslaw Dictionary defines contempt […]
TOPIC TWELVE: TREASON AND SEDITION The law regards as paramount, the safety and stability of the state and its leaders. The offences of treason and sedition are therefore part of the measures put in place to ensure this. TREASON. In simple language connotes the act of levying war against the state. Abandoning you allegiance to […]
