A Critical Examination of Defences to Criminal Liability in Nigeria: Lessons from Other Jurisdictions

Abstract

The Nigerian Legal System in relation to the defences to criminal liability is faced with many lacunas. In the field of criminal law, there are a variety of conditions that will tend to negate the elements of a crime (particularly the intent element), known as defences. There are various defences to criminal liability which include the general defences and specific defences. In its attempt to critically examine the defences to criminal liability in Nigeria, this work makes an analysis of the operation of some defences in Nigeria as well as the operation of each defence in another jurisdiction in a bid to compare and contrast the operation of the defences in Nigeria and other jurisdictions and also examine lessons that may learnt. The defences treated are provocation, alibi, intoxication, infancy, self-defence, insanity, and judicial and superior officers in the execution of the law. The aim of this research is to analyse the meaning and scope of defences to criminal liability in Nigeria and also compare and contrast the operation of each Nigerian defence to criminal liability analysed with the operation of such defence in another jurisdiction. It further aims to identify the lacunas, if any, present in the Nigerian defences to criminal liability and as well proffer a workable solution so as to help reform the lacunas that may be found.