13 February

Sticky

Self-Defence in Nigerian Criminal Law

in 200 Level, Class Notes, Criminal Law, Criminal Law, Educational Articles

The right to life is fundamental. But the law recognizes that when someone attacks you with deadly force, survival comes first. In Nigerian law, self-defence (also called "private defence") is a complete defense to murder. Section 33(1) of the Constitution allows taking life in self-defense,[^1] and Section 32 of the Criminal Code justifies it. This article explains Sections 286, 287, and 288 of the Criminal Code, which define when you can legally defend yourself. We'll look at the difference between unprovoked and provoked attacks, and examine key cases like Musa v The State and Nwuzoke v State. The Law: Sections 286-288 The Criminal...

13 February

0 Comments

Sticky

Foundations of Criminal Liability: The Historical Evolution and Dual Legal Codes of Nigeria

Posted by Kolawole Adebowale

in 200 Level, Class Notes, Criminal Law, Criminal Law, Educational Articles

Understanding Nigerian criminal law requires understanding its history. Nigeria's criminal law system is split into two: the Criminal Code governs the Southern States, while the Penal Code governs the Northern States. This division comes from British colonial rule and the different legal systems that existed before colonization.[^1] Before the British Came Before the British arrived, Nigeria wasn't lawless. Different communities had their own ways of handling crime and maintaining order. In the South, criminal law was unwritten.[^2] Villages and families handled disputes based on customs passed down orally. These systems focused on making things right between people, not on locking people up. Punishments...

12 February

0 Comments

Sticky

Conspiracy in Nigerian Criminal Law: When Agreement Becomes a Crime

Posted by Kolawole Adebowale

in 200 Level, Class Notes, Criminal Law, Criminal Law, Educational Articles

Understanding the Inchoate Offence That Makes Planning a Crime Even Before Action What if three people sit in a room and agree to rob a bank—but never actually rob it? Can they be prosecuted? What if they're arrested while planning, before anyone picks up a weapon? The answer is yes, through the offence of conspiracy. Nigerian law recognizes that when multiple people agree to commit a crime, they become more dangerous than individuals acting alone. The law doesn't wait for them to execute their plan—the agreement itself is a crime. This comprehensive guide explains conspiracy under Nigerian law—how it's defined under both the...

12 February

0 Comments

Sticky

Attempt in Nigerian Criminal Law: Understanding Section 4 of the Criminal Code

Posted by Kolawole Adebowale

in 200 Level, Class Notes, Criminal Law, Criminal Law, Educational Articles

Attempt in Nigerian Criminal Law: Understanding Section 4 of the Criminal Code

When Does Trying to Commit a Crime Become a Crime Itself? What if someone tries to kill you but the gun jams? What if a thief breaks into your house but runs away before taking anything? What if someone plans to rob a bank but gets arrested while loading their getaway car? In each case, the full crime wasn't completed. But should the law wait until harm actually occurs before intervening? Nigerian criminal law says no. Through the offence of Attempt, the law punishes those who try to commit crimes, even if they fail. This guide explains everything about attempt under Section 4...

12 February

0 Comments

Sticky

Bona Fide Claim of Right in Nigerian Criminal Law: Understanding Section 23 of the Criminal Code

Posted by Kolawole Adebowale

in 200 Level, Class Notes, Criminal Law, Criminal Law, Educational Articles

Bona Fide Claim of Right in Nigerian Criminal Law: Understanding Section 23 of the Criminal Code

When Does an Honest Belief in Ownership Prevent Criminal Liability for Property Offences? Imagine you take your neighbor's generator because you genuinely believe it's yours—perhaps you lent one to them years ago, and this looks identical. You're arrested for theft. Can you be convicted if you honestly thought the generator belonged to you? This is where the Bona Fide Claim of Right defence comes in. It's a legal recognition that property disputes are often messy, confusing, and honest people can genuinely disagree about who owns what. Nigerian law won't criminalize you for taking property you honestly believe is yours—but only if your...

12 February

0 Comments

Sticky

Alibi in Nigerian Criminal Law: The Defence of Being Elsewhere

Posted by Kolawole Adebowale

in 200 Level, Class Notes, Criminal Law, Criminal Law, Educational Articles, Legal News

Alibi in Nigerian Criminal Law: The Defence of Being Elsewhere

Understanding the Radical Defence That Can Destroy the Prosecution's Case Completely Have you ever watched a crime thriller where someone accused of murder proves they were at a restaurant across town when the crime happened? That's alibi in action. But in real Nigerian courtrooms, claiming "I wasn't there" isn't as simple as it sounds. The law demands precision, corroboration, and timely disclosure. Get it right, and you walk free. Get it wrong, and your alibi "collapses like a pack of cards." This guide explains everything you need to know about the defence of alibi under Nigerian criminal law—what it is, how it...

11 January

0 Comments

Sticky

Non Est Factum in Nigerian Law: When Can You Escape a Signed Contract?

Posted by Kolawole Adebowale

in 200 Level, Class Notes, Educational Articles, Law of Contract

Non Est Factum in Nigerian Law: When Can You Escape a Signed Contract?

Have you ever signed a document without fully understanding what it was? Perhaps you were told it was one thing, but it turned out to be something completely different? In Nigerian contract law, there's a legal defense called "non est factum" that can protect you in such situations—but only under very specific circumstances. This guide explains what non est factum means, when you can use it, and how Nigerian courts decide whether someone can escape a contract they signed by mistake. What Does Non Est Factum Mean? Non est factum is a Latin phrase that literally means "it is not my deed." It's...

10 January

1 Comment

Sticky

FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY IN NIGERIA: AN ANALYSIS OF CHAPTER II OF THE 1999 CONSTITUTION

Posted by Kolawole Adebowale

in 200 Level, Class Notes, Constitutional Law, Educational Articles

FUNDAMENTAL OBJECTIVES AND DIRECTIVE PRINCIPLES OF STATE POLICY IN NIGERIA: AN ANALYSIS OF CHAPTER II OF THE 1999 CONSTITUTION

One of the most significant innovations in Nigeria's constitutional development is the inclusion of Chapter II on Fundamental Objectives and Directive Principles of State Policy. This chapter, spanning sections 13 to 24 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), represents a bold attempt at constitutionalizing socio-economic rights and setting out the guiding principles for governance in Nigeria.1 The chapter contains provisions on political, economic, social, educational, environmental, cultural objectives. Understanding these provisions requires familiarity with the broader sources of constitutional law in Nigeria, national ethics, and the duties of citizens. It essentially defines the relationship between...

20 November

0 Comments

Sticky

Marriage and Divorce Law in Nigeria: Complete Guide to Grounds, Procedures, and Legal Requirements

Posted by Kolawole Adebowale

in Class Notes, Educational Articles, Exam Preparation, Family Law, Study Resources

Marriage and Divorce Law in Nigeria: Complete Guide to Grounds, Procedures, and Legal Requirements

Nigerian matrimonial law provides a comprehensive framework governing how marriages begin, how they're maintained, and when necessary, how they can legally end. Whether you're planning to marry, experiencing marital difficulties, or considering divorce, understanding these laws protects your rights and helps you make informed decisions. This guide explains everything you need to know about marriage types, divorce procedures, and legal requirements in Nigeria. Understanding the Three Types of Marriage in Nigerian Law Nigeria recognizes three distinct marriage systems, each with its own legal framework, requirements, and implications. Think of these as three different "contracts" you can enter into, each governed by different...

10 October

0 Comments

Sticky

Hohfeldian Legal Concepts: Understanding Rights and Duties

Posted by Kolawole Adebowale

in 500 Level, Class Notes, Educational Articles, Exam Preparation, Jurisprudence, Study Resources

Hohfeldian Legal Concepts: Understanding Rights and Duties

Why This Matters Concepts play a significant role in the legal process. Most legal rules and principles are explained in terms of juridical concepts, prominently among which are the concepts of rights and duties.[1] As Ronald Dworkin observed: "Lawyers lean heavily on the connected concepts of legal right and legal obligation. We say that someone has a legal right or duty, and we take that statement as a sound basis for making claims and demands, and for criticizing the acts of public officials. But our understanding of these concepts is remarkably fragile, and we fall into trouble when we try to...

Educational Articles

Join our Newsletter