Overview of the Penal Code: Implementation and Challenges
Introduction
Before the Penal Code, Nigeria had various criminal laws. Native courts, which were traditional courts, applied customary laws. In Muslim communities, this was islamic law, while other areas followed different local rules. The legislation came into effect on September 30, 1960.
Unlike the Criminal Code used in Southern Nigeria, which is mainly based on British colonial law, the Penal code covers a wide range of crimes and their punishments. These include theft, assault, murder, sexual offenses, and other harmful acts. Moreover, it outlines procedures for prosecution, sentencing, and the rights of defendants.
Structure and Coverage
The Code is divided into sections covering different types of crimes:
1. Crimes Against the Person: This includes acts like murder, assault, kidnapping, and offenses that endanger public health and safety.
2. Crimes Against Property: Covers theft, robbery, burglary, and vandalism.
3. Crimes Against Public Order: Deals with crimes like riot, unlawful assembly, and disturbing the peace.
4. Crimes Against Morality: Addresses offenses such as adultery, fornication, homosexuality, and other acts considered immoral.
5. Crimes Against the State: Covers treason, sedition, and other acts aimed at undermining the government.
Key Principles and Provisions
The legal framework is based on several key principles:
· Punishment: Offenders are subject to penalties ranging from fines to imprisonment and, in some cases, corporal punishment (physical punishment).
· Deterrence: Consequently, the code aims to deter individuals from committing crimes through the severity of its punishments.
· Rehabilitation: Furthermore, provisions exist for the rehabilitation of offenders, promoting their reintegration into society after serving their sentences.
· Equality before the Law: Finally, the code strives for fairl treatment of all individuals under the law, regardless of social status or background.
Implementation and Challenges
While intended to uphold societal norms and ensure justice, the Penal Code faces significant challenges and criticisms that undermine its effectiveness and fairness. This section explores these challenges, examining issues ranging from human rights concerns to regional disparities in enforcement:
1. Human Rights Concerns
One of the foremost criticisms of the Nigeria Penal Code, is its incompatibility with international human rights standards. Particularly under scrutiny are provisions derived from Sharia law that prescribe punishments such as amputation for theft and stoning for adultery. Furthermore, these punishments are viewed as severe and inhumane by international observers and human rights organizations. The application of such penalties raises serious questions about the compatibility of the Code with fundamental human rights principles, including the right to life, freedom from cruel and unusual punishment, and equality before the law.
For example, Human Rights Watch called for reform of the Penal Code in 2023, highlighting the violation of the right to life and freedom from torture.
2. Outdated Provisions
Another criticism is that certain provisions and fines in the Penal Code are outdated and do not reflect contemporary societal norms, values and current realities. As noted by E.M.D.Umukoro “the Penal Code laws for the northern states of Nigeria and the Criminal Code laws for the southern States of Nigeria are laws enacted even before the independence hence cannot adequately meet the current criminal justice system in Nigeria”. Similarly, Professor Abdullahi Shehu Zuru emphasized, “it was high time the penal law is amended to reflect current realities in Nigeria’s criminal law”.
3. Gender Inequality and Discrimination
The Penal Code has been criticized for perpetuating gender inequality and discrimination, particularly against women. It is grounded in traditions, customs and beliefs that suggest women are inferior to men and operates on a double standard in prescribing punishments. For instance, the Penal Code, makes it a felony to assault a man, with a maximum sentence of three years imprisonment, while categorizing assault on a woman or girl as a misdemeanor with a maximum sentence of two years imprisonment.
In matters such as adultery and sexual offenses, women often face disproportionate legal consequences compared to men. Additionally, provisions that allow for harsh punishments against women, such as the requirement of four male witnesses for proving rape under Sharia law, underscore systemic gender biases within the legal framework. This unequal treatment not only violates principles of gender equality but also perpetuates societal norms that restrict women’s rights and freedoms.
4. Inconsistencies and Regional Variations
Implementation and enforcement of the Penal Code vary significantly across different regions and jurisdictions within Nigeria, particularly between the northern states where Sharia law is predominant and the southern states where the Criminal Code, based on English common law, applies. These regional disparities can result in unequal access to justice and legal uncertainty for individuals subject to different legal frameworks based on their geographical location. Inconsistencies in the application of the law also contribute to perceptions of injustice and undermine public trust in the legal system.
5. Minority Rights
As a result, the Code can disproportionately affect religious and ethnic minorities in Nigeria. Non-Muslims and minority Muslim sects often find themselves subject to laws that do not align with their religious beliefs or cultural practices. This can lead to feelings of marginalization and discrimination, further exacerbating social tensions and undermining efforts towards national unity and cohesion.
6. Compatibility with Modern Legal Standards
Finally, certain provisions in the Penal Code, influenced by Islamic law (Sharia), may not always align with modern legal standards and human rights principles. This raises concerns about the protection of individual rights, particularly in cases involving personal status and religious offenses.
Conclusion
The Nigerian Penal Code is important for the country’s legal system, but it faces significant challenges and criticisms that warrant careful consideration and reform. Addressing issues such as human rights concerns, gender inequality, regional disparities, outdated provisions, and minority rights requires concerted efforts from lawmakers, legal professionals, civil society organizations, and the international community. By promoting reforms that uphold fundamental rights and ensure equal treatment under the law, Nigeria can create a more just and equitable legal system that respects the dignity and rights of all its citizens.
References
1. Human Rights Watch. (2023). “Nigeria: Reform Penal Code to Protect Human Rights.”
2. United Nations Human Rights Council. (2022). “Report of the Special Rapporteur on the Independence of Judges and Lawyers on Nigeria.”
3. Nigerian Bar Association. (2021). “Challenges of Implementing the Penal Code in Nigeria: A Legal Perspective.”
4. Victor L.K. Essien, (1983) “The Northern Nigerian Penal Code: A Reflection of Diverse Values in Penal Legislation”. https://digitalcommons.nyls.edu/cgi/viewcontent.cgi?article=1179&context=journal_of_international_and_comparative_law accessed 22nd July 2024.
5. John Chuks Azu, “Daily Trust” (Why Nigeria’s Penal Code Remains Unreformed 65 Years After) https://dailytrust.com/why-nigerias-penal-code-remains-unreformed-65-years-after/ accessed 22nd July 2024.
6. Adekunle Razak, “Nigerian Tribune” (How the Penal Code enables violence against women in Nigeria) https://tribuneonlineng.com/how-the-penal-code-enables-violence-against-women-in-nigeria/ accessed 23rd July 2024.
Researched by the AWJAI Team
