29 Dec

CRIMINAL LAW 1.5 ATTEMPT

ATTEMPT. Section 4 of the Criminal Code provides; When a person, intending to commit an offence, begins to put his intention into execution by means adapted to its fulfilment, and manifests his intention by some overt act but does not fulfill his intention to such an extent as to commit the offence, he is said […]

29 Dec

CRIMINAL LAW 1.6 CONSPIRACY

CONSPIRACY Section 516 to 518 renders those who conspire… Conspiracy has been defined in Majekodunmi V  R as: An agreement between two or more persons to effect an unlawful purpose or to effect a lawful purpose by an unlawful means. Although criminal law does not punish only intention, the law against conspiracy is done in […]

29 Dec

CRIMINAL LAW 1.7 PARTIES TO AN OFFENCE

PARTIES TO AN OFFENCE. In Nigeria, parties to an offence are divided into; Principal offenders. Section 7. Accessory after the fact. Section 10. This distinction is unlike that of England which divides them into principal in first and second degrees.   Section 7 of the Criminal Code provides; 7. When an offence is committed, each […]

29 Dec

CRIMINAL LAW 1.10 ASSAULT

ASSAULT. Provided for in chapter 25 of the Criminal Code. Section 252 of the Criminal Code provides: A person who threatens to or touches another directly or indirectly without his genuine consent… The person making the threat should have the apparent ability to carry out the threat. It goes further to provide that “force means” […]

29 Dec

CRIMINAL LAW 1.8 RIPPLE OFFENCES, ACCESSORIES

OFFENCES COMMITTED IN THE PROSECUTION OF A COMMON PURPOSE Section 8 of the Criminal Code. When two or more in the execution of a commonly agreed unlawful purpose, another offence which is a probable consequence is committed, they are deemed to have also committed the other offence. Also Section 18 of the criminal law of […]

29 Dec

CRIMINAL LAW 1.9 HOMICIDE, MURDER AND MANSLAUGHTER

Sections 306-320 of the Criminal Code provides for these. HOMICIDE: The dictionary defines homicide as the killing of a human being by another human being. Coke said that it is only a human being that can be a victim of murder. The law only penalizes unlawful and unjustified killing. As such there are a host […]

29 Dec

CRIMINAL LAW 1.11 THE OFFENCE OF RAPE

RAPE. Found in Chapter 30 of the Criminal Code Section 357 of the Criminal Code states that Anyone that has unlawful and unconsented (or consent not genuine) carnal knowledge with a female is guilty of rape. Also provides for instances of impersonating a person’s husband. From the interpretation of our criminal code, only a girl […]

29 Dec

CRIMINAL LAW 1.12 GENERAL DEFENSES

GENERAL DEFENCES. Criminal responsibility has been defined in Section 1 of the Criminal Code as the liability to punishment as for an offence. The accused is presumed to be innocent and the prosecution had to prove his guilt beyond reasonable doubt. Section 36 1999 constitution, Mandilas and Karaberis V  I.G.P; Where it was held that […]