Monday, September 23

Lawyers Advocate Overhaul of Nigeria’s Colonial Heritage

Bello Adoke Attorney General of the Federation and Minister of Justice

Some lawyers in Lagos on Thursday called for the review of Nigeria’s Criminal Code to reflect current trends.

Lawyers who spoke with the News Agency of Nigeria described the current criminal code as old fashioned and archaic.

 

Mr Jude Ogbodo said that the criminal code were handed down to Nigeria by the British colonial administration and were over 100 years old.

According to him, the laws were made for Commonwealth countries, most of which have since amended their Laws, while Nigeria remains stagnant.

“To run an effective Criminal Justice System, there has to be regard for changing development and the history of the people. This should form the basis for the enactment of a country’s criminal laws,” he said.

Ogbodo pointed out that the Criminal and Penal Codes had remained static from the day of enactment and had not taken cognizance of changing circumstances.

“Most offences today are committed with impunity because there is knowledge of the never changing sanctions which range from fines to two-year imprisonment,” he said.

He stated that though some agencies had been set up to check crime, the substantive criminal laws had remained unchanged.

He called on the National Assembly as well as State Houses of Assembly to set up committees to review the laws, taking into consideration the complexities of the society.

Also, Mr Eni Olaniyan argued that no law should be static as it is meant to serve the interest of the public and not the other way round.

“The social circumstances of the past are different from the present. There is growth in population and enlightenment, and upon this bedrock, laws cannot remain the same,’’ he said.

According to Olaniyan, certain sections of the criminal law should be amended to reflect the present.

In his response, Mr Malik Adah, another legal practitioner, said Nigeria could not continue to operate stagnant criminal laws because of the changing society.

He noted that Nigerians accepted the laws as it were without taking into consideration the country’s peculiarities “because of our colonial tendency’’.

According to him, our historical and social antecedents should be put into consideration before our laws can be perfect.

“The nation’s criminal laws should seek to provide remedies for victims of criminal acts, rather than only convicting the perpetuators,’’ he said.

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