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Nigerian Criminal Law

Criminal Code Act (Nigeria)

The Criminal Code Act (Cap C38 LFN 2004) applies in southern Nigeria and covers offences including assault, theft, fraud, sexual offences, defilement, extortion, and sale of adulterated goods. Northern states use the Penal Code instead.

Legal Definition

The Criminal Code Act (Cap C38, Laws of the Federation of Nigeria, 2004) is the primary criminal statute applicable in southern Nigerian states and the FCT. Northern states (12 states) apply the Penal Code and Sharia Penal Code. Key offences relevant in everyday situations: **Defilement (s. 218)**: Unlawful sexual intercourse with a girl under 13 — life imprisonment. Similar provisions exist for older minors. **Extortion and criminal intimidation**: Using threats to obtain property or compliance — punishable by imprisonment. **Assault**: Unlawful striking or threatening another person — punishable by fines or imprisonment depending on severity. In Lagos State, the Criminal Law of Lagos State 2011 applies instead. **Sale of unwholesome goods (s. 162)**: Selling adulterated or unsafe food or drink is an offence. **Witchcraft accusations (s. 210)**: Accusing or threatening to accuse a person of witchcraft with intent to extort money or property is a criminal offence. Most criminal cases under the Criminal Code are prosecuted by the DPP in state High Courts or Magistrates Courts. Serious federal offences go to the Federal High Court.

📖 Constitutional / Statutory Basis: Criminal Code Act (Cap C38, Laws of the Federation of Nigeria, 2004); Criminal Law of Lagos State, 2011 (for Lagos)

Practical Example

A landlord threatens to accuse a tenant of witchcraft unless she pays above the agreed rent. Under section 210 of the Criminal Code, making witchcraft accusations to extort money is a criminal offence. The tenant reports to the police.

Frequently Asked Questions

Does the Criminal Code Act apply in all states in Nigeria?
No. The Criminal Code Act applies in southern states. Northern states use the Penal Code (Cap P3 LFN 2004 for those that adopted the 1960 code) and some have enacted Sharia Penal Codes. Lagos State has its own Criminal Law of Lagos State, 2011, which updated and replaced the old Criminal Code for Lagos.
Where are criminal cases under the Criminal Code heard in Nigeria?
Minor offences (with shorter maximum sentences) are tried in Magistrates Courts. More serious offences go to the State High Court. Federal offences (e.g., fraud against federal institutions, trafficking) go to the Federal High Court. The DPP decides which court is appropriate after police investigation.

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