Criminal Law of Lagos State

A BILL FOR A LAW TO ENACT RULES ON CRIMINAL CONDUCT, REGULATE PUBLIC ORDER AND FOR OTHER CONNECTED PURPOSES

THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:

PART 1

GENERAL PROVISIONS

Chapter 1 - Definition of offence, purpose, guiding principles, and scope of application

1. Definition of offence

(1) An act or omission which renders the person doing the act or making the omission liable to punishment or other measures under this Law, or any other Law or Regulation is an offence.

(2) The word “offence” may be used interchangeably with “crime” in this Law or any other Law or Regulation.

2. Purpose of this Law

The purpose of this Law is to:-

(a) promote an orderly society;

(b) foster collective obligation and duty towards the preservation and protection of life and property including public property;

(c) forbid and deal with conduct that unjustifiably and inexcusably inflicts or threatens substantial harm to individual or public interests;

(d) subject to public control, persons whose conduct indicates that they are disposed to commit offences;

(e) safeguard conduct that is without fault from condemnation as criminal;

(f) give fair warning of the nature of the conduct declared to be an offence; and

(g) differentiate on reasonable grounds between serious and minor offences.

3. Guiding principles for this law:

(1) The guiding principles underlying this law are –

(a) the need to balance the protection of private rights and public interest;

(b) the interest of justice; and

(i) Rehabilitation;

(ii) Restoration;

(iii) Deterrence;

(iv) Prevention; and

(v) Retribution.

(2) The provisions of Sections 2 and 3(1) of this Law shall guide the interpretation and the application of the provisions of this Law and any other Law, or Regulations creating offences.

4. Application of general principles

The provisions of this Chapter shall apply in relation to any offence under this Law, any other Law or Regulations and to all persons charged with any such offence.

5. Trial for offences under existing law

No person shall be tried or dealt with in any court in the State for an offence except under the express provisions of this Law, any other existing Law or Regulations.

6. Civil remedies

When by this Law any act is declared to be lawful, no action can be brought in respect of it, except where the lawfulness of the act is in question.

7. Contempt of court

(1) Nothing in this Law shall affect the authority of Magistrates’ Court and Courts of Record to punish a person summarily for the offence known as contempt of court.

(2) No person shall be punished under subsection (1) of this section and also be punished under the provisions of this Law for the same act or omission.

8. Classification of offences

(1) Offences are of three types namely felonies, misdemeanours, and simple offences.

(2) A felony is any offence which is declared by law to be a felony, or is punishable, without proof of previous conviction, with death or with imprisonment for three years or more.

(3) A misdemeanour is any offence which is declared by law to be a misdemeanour, or is punishable by imprisonment for not less than six months, but less than three years.

(4) All offences, other than felonies and misdemeanours, are simple offences.

9. Arrest with or without warrant

(1) The expression “the offender may be arrested without warrant” means that the provisions of this Law relating to the arrest of offenders or suspected offenders without warrant are applicable to the offence in question, either generally or subject to such conditions, if any, as to time, place, or circumstance, or as to the person authorised to make the arrest, as are specified in the particular case.

(2) Except when otherwise stated, the fact that an offence is within the definition of a felony as provided in this Law imports that the offender may be arrested without warrant.

(3) The expression “the offender cannot be arrested without warrant” means that the provisions of this Law relating to the arrest of offenders or suspected offenders without warrant are not applicable to the offence in question, except subject to such conditions, if any, as to time, place, or circumstance, or as to the person authorised to make the arrest, as are specified in the particular case.

10. Effect of changes in law

A person cannot be punished for doing or omitting to do an act unless the act or omission constituted an offence under the applicable law when it occurred.

11. Territorial basis of criminal jurisdiction

(1) Where by the provisions of any law of the State, doing any act or making any omission constitutes an offence the provisions of this Law shall apply to every person who is in the State at the time of his doing the act or making the omission.

(2) Where an offence comprises of several elements and the initial element of the offence occurred in the State, the person who does the act or makes the omission is guilty of the offence and is liable to the same punishment or measures as if all the subsequent elements of the offence had occurred in the State.

(3) Where an offence comprises of several elements and the initial element of the offence occurred outside the State but the person who does an act or makes the omission that constitutes the elements of the offence afterwards comes into the State, he is, by such coming into the State, guilty of the offence and is liable to the same punishment as if that act or omission had occurred in the State, provided that an element of the offence actually occurred in the State.

(4) The provision of subsection (3) of this Section shall not apply to a case in which the only material event that occurs in the State is the death of a person caused by an act, done or omitted to be done, at a place not in the State.

12. Offences procured, advised or counselled by persons outside the State

(1) Any person who, while out of State advises, counsels or procures another to do or omit to do in the State an act of such a nature that if he had himself done the act or made the omission in the State, he would have been guilty of an offence, afterwards comes into the State, is by such coming into the State guilty of an offence of the same type, and is liable to the same punishment, as if he himself had done the act or made the omission in the State.

(2) Any person who, while out of the State counselled or procured the commission of an offence which is actually committed in the State, afterwards comes into the State is, by such coming into the State, guilty of an offence and is liable to the same punishment as if he had been in the State while the offence was committed.

13. Offences procured, advised or counselled in the State to be committed outside the State

Any person who while in the State advises, counsels or procures another to do an act or make an omission, at a place not in the State of such a nature that, if he had himself done the act or made the omission in the State, he would have been guilty of an offence against a law of the State, and that, if he had himself done the act or made the omission he would have been guilty of an offence under the laws of the place where the act or omission is done or made, is guilty of an offence of the same type, and is liable to the same punishment, as if the act had been done or the omission had been made in the State.

14. Armed Forces and Police Force

Members of the Armed Forces and of the Police Force of Nigeria are subject to the special laws relating to the forces to which they respectively belong, but are not exempted from the provisions of this Law.

Chapter 2 - Punishments and other disposition measures

15. Punishments and other disposition measures

Subject to the provisions of any other law -

(1) The punishments which may be inflicted under this Law are death, imprisonment, fine and forfeiture.

(2) Other disposition measures which may be ordered under this Law are compensation, restitution, community service orders, probation, curfew orders, binding-over orders, rehabilitation and correctional orders, victim-offender mediation and other restorative justice measures.

(3) When any person is convicted of an offence under this Law the court may, in addition to or in lieu of any punishment which may be imposed, order any of the disposition measures stated in sub-section (2).

(4) Where a body corporate is liable for an offence in respect of which a specific amount of fine is prescribed under this Law, the applicable fine shall be double the amount so prescribed for the offence.

Chapter 3 - Parties to Offences and Corporate Criminal Liability

16. Principal Offenders

(1) When an offence is committed, each of the following persons

is deemed to have taken part in committing the offence and to be guilty of the offence, and may be charged with actually committing it:

(a) every person who actually does the act or makes the

omission which constitutes the offence;

(b) every person who does or omits to do any act for the

purpose of enabling another person to commit the offence;

(d) any person who advises, counsels or procures any other person to commit the offence.

(2) Any person who advises, counsels or procures another to do

or omit to do any act of such a nature which if done by that person would not constitute an offence but which would have constituted an offence if done by the person himself is guilty of an offence of the same kind, and is liable to the same punishment, as if he had himself done the act or made the omission; and he may be charged with doing the act or making the omission.

17. Mode of execution immaterial

(1) When a person advises or counsels another to commit an offence, and an offence is actually committed after such advice or counsel by the person to whom it is given, it is immaterial whether:-

(a) the offence actually committed is the same as that advised, counselled or a different one, or

(b) the offence is committed in the way advised or counselled or in a different way,

provided that the facts constituting the offence actually committed are a probable consequence of carrying out the advice or counsel.

(2) Any person who gave the advice or counsel under subsection (1) of this Section is deemed to have advised or counselled the offence actually committed.

18. Offences committed in execution of a common intention

When two or more persons form a common intention to commit an offence, and in the execution of that offence, another offence is committed of such a nature that its commission was a probable consequence of the first mentioned offence; each of them is deemed to have committed the second offence.

19. Accessories after the fact

A person who receives or assists another who to his knowledge has committed an offence, in order to enable him to escape arrest or prosecution is an accessory after the fact to the offence.

20. Liability of Companies

(1) Where the context admits, a company shall be criminally responsible for an offence under this Law.

(2) An act or omission under this Law is that of a company where it is done or omitted to be done by its officer.

(3) In determining an officer whose conduct can be ascribed to the company for the purpose of corporate criminal liability, the court shall have regard to all the circumstances including the fact that the person has apparent or real authority to bind the company.

(4) Where a person who is not an officer within the meaning of subsection (3) of this section does any act or omission in the performance of his duty as an employee of a company, which act or omission amounts to an offence under this Law or any other Law and the company did not take steps to prevent the act or omission, the company shall be liable for any offence committed.

CHAPTER 4 –Attempt to commit offences

21. Attempt to commit offences

(1) When a person, intending to commit an offence, begins to put his intention into execution by means adapted to its fulfilment, and manifests his intention by some overt act, but does not actually commit the offence, he is said to attempt to commit the offence.

(2) Except so far as regards punishment, on a charge for attempt, it is immaterial:-

(a) whether the offender does all that is necessary on his part for completing the commission of the offence; or

(b) whether the complete fulfilment of his intention is prevented by circumstances independent of his will; or

(3) It is immaterial that by reason of circumstances not known to the offender, it is impossible in fact to commit the offence.

(4) The same facts may constitute one offence and an attempt to commit another offence.

(5) Any person who, attempts to commit a felony or misdemeanour is guilty of an offence, which unless otherwise stated, is a misdemeanour.

Chapter 5 - Criminal Responsibility

22. Ignorance of the Law

(1) Ignorance of the Law does not afford any excuse for any act or omission which would otherwise constitute an offence unless knowledge of the Law by the offender is expressly declared to be an element of the offence.