Introduction
Perjury, the act of deliberately giving false testimony under oath, is a serious criminal offense in Nigeria. This crime strikes at the core of the legal system by compromising the integrity of judicial proceedings. Understanding the legal framework surrounding perjury is essential for ensuring that justice is properly served.
Legal Framework
Perjury in Nigeria is governed under two primary legal systems: The Criminal Code Act, applicable in the southern states and the Penal Code Act, applicable in the northern states.
1. Criminal Code (Southern Nigeria):
Under the Criminal Code, Section 117 defines perjury as the intentional act of making a false statement, either written or oral, in any judicial proceedings, knowing it to be false. This offense applies to both criminal and civil proceedings and includes affidavits, testimonies, and declarations made under oath.
The law stipulates that it is immaterial whether the testimony is given on oath or under any other sanctioned form, whether the court or tribunal is properly constituted, or whether the person giving the testimony is a competent witness. What matters is that the false testimony was given during an official proceeding.
2. Penal Code (Northern Nigeria):
Section 156 of the Penal Code criminalizes perjury by prohibiting false statements made in judicial or quasi-judicial proceedings. This includes instances where a person deliberately provides false information in an affidavit or before a competent authority.
The Penal Code states: “Whoever, being legally bound by an oath or by an express provision of law to state the truth or being bound by law to make a declaration upon a subject, makes a statement, verbally or otherwise. Which is false in a material particular and which he either knows or believe to be true, is said to give false evidence”.
the Penal Code also addresses the issue of false evidence under Section 158, aiming to deter individuals from compromising the integrity of legal proceedings. delving into the provisions of Section 158.
Implications of Providing False Evidence
The implications of perjury are far-reaching:
1. Undermining Justice: False evidence can lead to wrongful convictions or acquittals, thereby undermining the fundamental principles of justice. It distorts the truth, leading to unjust outcomes and eroding public trust in the legal system.
2. Legal Consequences: Individuals found guilty of giving false evidence face severe penalties, including imprisonment. This serves as a deterrent against the act of falsifying information in legal proceedings.
3. Ethical Breach: Providing false evidence is not only a legal violation but also an ethical one. It compromises the moral integrity of individuals and the judicial process as a whole.
Essential Elements of Perjury
To establish a case of perjury in Nigeria, certain elements must be proven beyond a reasonable doubt:
1. Competent Legal Authority: The false testimony must have been made before a competent legal authority. This includes judicial officers, such as judges or magistrates, or other entities authorized to administer oaths and oversee legal proceedings.
2. False Statement: The statement must be demonstrably false.
3. Made Under Oat: The false statement must have been made under oath, either in a courtroom or as part of sworn affidavits or declarations.
4. Intentional Deception: The falsehood must be intentional. Mere mistakes or misunderstandings do not constitute perjury.
5. Material Relevance: The false statement must be material, meaning it has the potential to influence the outcome of the legal proceedings.
Under the Criminal Code, the traditional concepts of mens rea and acts reus are replaced by voluntary act and intention , meaning that liability for perjury is established when a false statement is made intentionally. The Penal Code and the English Perjury Act require and additional element – willfulness – indicating that the false statement must have been made deliberately.
Under the Penal Code, for a witness to be prosecuted for giving false evidence, his testimony must be required by law to be on oath and, such testimony may be verbal or otherwise. But having regard to section 36 of the same Penal Code evidence given under an affirmation or solemn declaration is also regarded as evidence given on oath.
Corroboration
While corroboration is a precaution traditionally required under common law, it is not a strict requirement under the Penal Code for prosecuting perjury.
Penalties for Perjury
The consequences of perjury are severe due to its potential to obstruct justice. Under the Criminal Code, Section 118 reads: Any person convicted of perjury is liable to imprisonment for up to fourteen years. If the offense is committed to procure the conviction of another person for an offense punishable by death or life imprisonment, the penalty is life imprisonment .
Similarly, Section 158 (1) of the Penal Code specifically deals with the crime of giving false evidence. It states: Whoever, intentionally gives false evidence in any stage of a judicial proceeding or fabricates false evidence for the purpose of its being used in any stage of a judicial proceeding shall be punished with imprisonment for a term which may extend to fourteen years and shall be liable to fine.
This section criminalizes the act of knowingly providing false information while under oath or legal obligation. The intent behind this provision is to ensure that all testimonies and declarations made in legal contexts are truthful and reliable.
A person convicted of perjury can face up to 14 years in prison. Similarly, under the Section 160 Penal Code, perjury carries a punishment of 7 years imprisonment or a fine, depending on the circumstances.
In addition to imprisonment, individuals found guilty of perjury may face civil liabilities, including lawsuits for damages by the party harmed by the false testimony.
Notable Perjury Cases in Nigeria
Several high-profile cases in Nigeria have involved charges of perjury, often linked to political or financial corruption. For example, some public officials have been accused of lying under oath during investigations, leading to criminal prosecution and tarnishing their reputations.
The Impact on the Judicial System
Perjury poses a significant threat of Nigeria’s legal system. When witnesses or defendants lie under oath, it distorts the truth-seeking function of the courts, leading to miscarriages of justice. It also undermines public confidence in the judiciary and hampers efforts to combat corruption and other serious crimes.
The Role of Justice Advocacy Organizations
At the Asabe Waziri Justice Advocacy Initiative ( AWJAI), we play a crucial role in addressing the issue of false evidence. Our efforts include:
1. Awareness Campaigns: Educating the public about the consequences of providing false evidence and the importance of truthful testimonies in the pursuit of justice.
2. Legal Assistance: Providing support to victims of false evidence, including legal representation and advice, to ensure their rights are upheld and justice is served.
3. Policy Advocacy: Advocating for stronger legal frameworks and enforcement mechanisms to combat the provision of false evidence. This includes advocating for reforms that enhance the integrity and efficiency of the judicial process.
4.Research and Monitoring: Conducting research on cases involving false evidence to identify patterns and propose solutions. Monitoring court proceedings to ensure adherence to legal standards and the accurate administration of justice.
Conclusion
Perjury remains a serious offense in Nigeria, with strict penalties under both the Criminal and Penal Codes. As a key safeguard of the judicial process, the laws against perjury ensure that truthfulness is upheld in court proceedings. Enforcing these laws is crucial for maintaining trust in the justice system and ensuring that the courts remain a reliable forum for resolving disputes fairly and justly.
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