Criminal Law
Criminal Law
The Nigerian Bar Part I Criminal Law paper tests general principles and their application under the Criminal Code Act (Cap C38, LFN 2004), the Penal Code in the North, and federal statutes such as the Robbery and Firearms (Special Provisions) Act and the Corrupt Practices and Other Related Offences Act 2000. Expect elements-based questions, offence classification, parties, inchoate liability, and defences.
Core rules
- Actus reus and mens rea must concur. The conduct must be voluntary (Criminal Code s 24); a reflex or act during automatism is not criminal.
- Murder requires an unlawful killing with malice aforethought - intent to cause death or grievous bodily harm, or knowledge that the act is likely to cause death (Criminal Code s 316). Manslaughter (s 317) is unlawful killing without malice, including provocation reducing murder (s 318).
- Parties: under s 7, principals, aiders, abettors and counsellors are guilty of the substantive offence; a common intention can extend liability.
- Inchoate offences: attempt, conspiracy and incitement are separate offences and punishable even if the completed offence fails.
- Property offences: stealing (s 383) requires fraudulent taking or conversion of a thing capable of being stolen; obtaining by false pretences (s 419) requires a false representation, intent to defraud and voluntary parting with property by the victim.
Worked example
D tells V he has shipped 50 bags of rice and collects ₦500,000, intending never to deliver. V voluntarily hands over the money. D is liable for obtaining by false pretences under s 419: the false pretence, intent to defraud and obtaining concur. He is not liable for stealing under s 383 because V consented to possession passing; the wrong is the deception, not a trespassory taking.
Traps
- Calling every dishonest taking “stealing” - check whether possession passed voluntarily.
- Ignoring voluntariness and concurrence.
- Treating voluntary intoxication as a complete defence.
- Confusing mistake of fact (may negate mens rea) with ignorance of law (generally no defence).
- Forgetting that provocation reduces murder to manslaughter, not acquittal.