Civil law and criminal law in nigeria pdf

In addition to the writers sample survey, estimates from works done by others in this area support the position. The civil law refers to the relationship between citizens and provides means for a solution if the right of a citizen is breached or abused. This law has been adopted by 24 states including lagos, enugu, plateau, and rivers states. In most parts of the north, the criminal justice system was regulated by. The english government created a system known as common law, which is the process that establishes and updates rules that govern a group of people. Examples of civil law include the law of contract, the law of torts, family law etc. This paper argues that the nigeria police is the only institution that is constitutionally vested. The constitution of nigeria is the supreme law of the country.

The common law has changed a good deal since the beginning of our series of reports, and the search after a theory which may now be said to prevail is very much a study of tendencies. The use of international law in the domestic courts of ghana and nigeria 375 agreement that provided the terms on which the two nations would interact peacefully and assist each other in matters of defense. Forfeiture of widows and childrens pension on the conviction. In the criminal law, impisonment should be resorted to only after the most anxious consideration. While criminal law is referred to as the branch of law that regulates crime in the society. Section 274 of the 1999 constitution provides that a state high court shall exercise jurisdiction vested in it by this constitution or by any law in accordance with the practice and procedure including that of all civil and criminal processes of the court from time to time prescribed by the house of assembly of a state. The purpose of these lecture note is to assist you in acquiring the basic way to think about civil law, and to serve as an introduction to civil law through an overview of the legal institution stated in the corpus of civil law as outlined in. Types of law in nigeria and their purpose information.

Section 33 and 34 guarantee right to land and human dignity and it is said to associate with the necessity for safe and healthy environment. This book examined traditional concepts in criminal law, and its contents. Application of code as to offences wholly or partially committed in nigeria. Civil law, or civilian law, is a legal system originating in europe, intellectualized within the. Examples are murder, assault, theft,and drunken driving. What is the difference between criminal law and civil law. Consumer protection council act nigeria export processing zones authority decree 1992. Historical evolution of nigerian criminal law the jet lawyer. With the imposing personality of books like okonkwo and naish criminal law in nigeria, and the law of crimes in. Doc nigerian law school criminal litigation michael. Civil law is one of the areas of private law in the legal system. It is a legal action that can never lead to imprisonment or punishment or fine.

Criminal law and procedure 01 introduction page 4 of 19 a formal rules logical, formal reasoning. Publication date 1993 isbn 9782460702 9789782460707. The major statute that concerns the criminal law in singapore is the penal code. Nigerian institute of advanced relevance of customary criminal justice system in the criminal justice administration of nigeria, thesis, faculty. These two systems exist to deal with two different types of laws that have.

We enlisted some legal experts to help break it down. I have been accused of a crime and cannot afford a lawyer. In the southern part of nigeria, the criminal justice system was administered using the local traditions of the society. The extant law only provides room for civil recompense in the event of tragedies such as the recent petrol tankers explosions in different parts of nigeria which claimed hundreds of lives. Civil law deals with behavior that constitutes an injury to an individual or other private party, such as a corporation. Elliott and quinns criminal law 8th edition is an established, reliable and popular textbook, covering english criminal law comprehensively, but concisely. Common law and civil law traditions federal judicial center. The creation and evolution of criminal law in colonial and post. In 2003, nigeria enacted the childs rights act pursuant to the united nations convention on the rights of the child. Keep reading to explore the similarities and differences between civil law and criminal law.

Crime or of the united nations secretariat, concerning the legal status of any. For noncriminal law in a commonlaw system, see civil law common law. Preservation of certain matters in criminal procedure act. Okeke table ofcontents introduction 312 argument of the paper 312 definitions 317 i. Assessment of justice system integrity and capacity in three.

Country criminal provisions laws against advocacy recognition of samesex marriage commit an unnatural offense, also a crime, is, punishable on conviction by a sevenyear prison term. The criminal law or criminal code is divided into eight parts which consist of fiftyfive chapters. Offences procured in nigeria to be committed out of nigeria. Civil law vs criminal law difference and comparison diffen. As lawyers know, legal systems in countries around the world generally fall into one of two main categories. Two different paths leading to the same goal, ppp god. The contemporary legal systems of the world are generally based on one of four basic. Examples, australia, united kingdom except scotland, israel, india, cyprus, nigeria, republic of ireland. Zimbabwe, ghana, sierra leone, gambia, nigeria, somalia, tanzania.

Our study discovers that the relevant provisions of the criminal code are exhaustive for considering and deciphering the criminal. Common law covers both civil and criminal matters, and works through the creation and continual revision and expansion of laws by judges as they make rulings on legal matters. The law on attempted crime reflects conflicting justificatory rationales and has been clouded by. Civil law and criminal law are two broad and separate entities of law with separate sets of laws and punishments according to william geldart, introduction to english law 146 d. Course content for the criminal litigation course prepared over several years by different contributors. This paper argues that the nigeria police is the only institution that is constitutionally vested w ith the power of law enforcement in the country. General provisions chapter 1 definition of offence, purpose, guiding principles and scope of application 1.

Appendix chapterc42 criminal procedure northern states act an act to make new provisions for the jurisdiction, powers, practice and procedure of the courts of the northern state of nigeria in respect of federal. Criminal procedure code in nigeria pdf download criminal law in nigeria is divided into parts and chapters and is quite a large book that would take some considerable amount of time to consume. Thus, germans argue that the administrativepenal system is sufficient. Whats the difference between civil law and criminal law. Written firmly with the undergraduate and gdl student in mine, this lively, clear and accurate guide to the law will help you to understand. The nigerian constriction, for one, makes provision for environmental protection and management in sections 12, 20, 33 and 34. It is simply a civil application nisi for the prerogative order of mandamus to issue. Before the advent of the british to the area now known as nigeria, there were different systems for the administration of criminal law. It is not brought under section 342 of the criminal procedure law. Nigerian criminal law pdf nigerian criminal law pdf nigerian criminal law pdf download. The mission of the louisiana commission on law enforcement lcle is to improve the operations of the criminal justice and juvenile justice. In contrast, civil laws are rules and regulations which. Download administration of criminal justice law of lagos. While the criminal code applies in the southern states of nigeria, the penal code applies in the northern states of nigeria.

There are four distinct legal systems in nigeria, which include english law, common law, customary law, and sharia islamic law. The current nigerian law on corporate criminal liability is disquietingly deficient. The general purpose of the criminal law system is to punish individuals found guilty of violating the law. I believe that it will be instructive to go back to the. Offences procured or counselled by persons out of nigeria.

Act done pursuant to the judgment or order of court. The second category of criminal statutes are the criminal code act, cap 77 laws of the federation of nigeria and the penal code law of 1959 which came into effect in 1960. This write up is concerned more with the criminal law than with ladan law but we will define an analyze them none the less civil law. We have learnt that our legal system is made up of both a criminal justice system and a civil justice system. Criminal code act criminal code act criminal procedure act evidence act money laundering prohibition act, 2004 money laundering prohibition act, 2004 police service commission establishment act, 2001. Modifications to northern states criminal procedure code law. Nigerian criminal law pdf free daily epaper of the indian express covers daily news from mumbai, delhi, pune, chandigarh, ahmedabad, kolkata including exlusive magazine reforms. Criminal law, the body of law that defines criminal offenses, regulates the apprehension, charging, and trial of suspected persons, and fixes penalties and modes of treatment applicable to convicted offenders. The nigeria criminal justice system and its effectiveness in criminal behaviour control. Mens rea principle and criminal jurisprudence in nigeria abstract this paper discusses the possibility or otherwise of the application of the common law doctrine of mens rea in nigerian criminal jurisprudence. This civil practice manual is a combination of many different teaching forces, influences, and experiences within the various clinical law programs that have been taught over the previous 30 years at the university of new mexico school of law. The provisions of this act shall take effect subject to the provisions of the penal code northern states federal provisions act. Such legal actions include land ownership dispute, landlord tenant matters, termination of employment, defamation of character, breach of contract.

The criminal law is generally practised by every state including northern and southern states in nigeria except lagos state, which has its own state laws. Learn more about the principles and types of criminal law in this article. Law nigeria home page for lagos states justice sector louisiana commission on law enforcement and administration. M, bl lecturer, dept of public law university of benin, benin city, nigeria introduction the concept of strict responsibility in nigerian criminal law seems to have veered off the axis charted at common law as the justification for its application. Such legal actions include land ownership dispute, landlord tenant matters. Criminal code act chapter 77 laws of the federation of nigeria 1990 arrangement of sections the original numbering of sections has been retained in order not to disturb the cross references to those sections in other enactments which are many and will be found throughout the whole edition 1. This write up is concerned more with the criminal law than with ladan law but we will define an analyze them none the less. Vacation of and disqualification for office on conviction for treason or felony. Civil law and criminal law are two broad and separate entities of law with separate sets of laws and.

Criminal law nigeria bibliography criminal law of nigeria. The contrast between civil law and common law legal systems has become increasingly blurred, with the growing importance of jurisprudence similar to case law but not binding in civil law countries, and the growing importance of statute law and codes in common law countries. At some time in the development of each society, when one person injured another, it became the responsibility of the victim or the victims family to seek redress. Criminal law notes, cases, and past papers digestible notes. Civil law includes several areas of law, among them contract law and tort law. Criminal law deals with behavior that is or can be construed as an offense against the public, society, or the stateeven if the immediate victim is an individual. The law of nigeria consists of courts, offences, and various types of laws. Civil law, on the other hand, refers to private law, which is concerned with private disputes between individual parties. The second leg of the alternative prayer is merely speculative. The institutional obligation of law enforcement in nigeria has recently been a subject of debate. Act likely to cause injury, but done without criminal intent and to pre. If the defendant is found guilty, then he or she may go to jail or prison. Free civil law books download ebooks online textbooks. Nigeria has its own constitution which was established on 29 may 1999.