Why Nigeria’s penal code remains unreformed 65 years after

Despite the reforms in Nigerian laws, the penal code law, especially in the northern states have remained largely the same after over 65 years.

Nigeria’s criminal code was first introduced in the Northern Protectorate in 1904 by Lord Fredrick Lugard and modelled after a code that was introduced into the State of Queensland, Australia in 1899 by Britain.

The Penal Code of Northern Nigeria was finally enacted in 1958 and was modelled after the Penal Code of the Sudan, which was enacted in 1899, and which in turn was based on the Indian Penal Code drafted by Lord Macaulay between 1833 and 1837, and brought into force in 1860.

Both the Criminal Procedure Act of southern Nigeria and the Criminal Procedure Code of northern Nigeria were promulgated under Cap. 43 LFN 1958 and Cap 30 1963 respectively form part of the Criminal Procedure Law.

The resentment against the code stems from the meager fines imposed as option for imprisonment which derives from the British colonial currency rate of Nigeria.

Some of the implementation components of the law in criminal matters have attracted public outrage and calls for its reform.

For instance, in 2013 when a former assistant director of the federal civil service, John Yusuf, was fined N750,000 as fine in lieu of jail sentence over the diversion of the sum of N33 billion police pension funds based on the option of fine or seven years imprisonment provided under the Penal Code, Nigerians condemned the verdict.

Although the Court of Appeal in Abuja later in March, 2018 awarded the term of six years imprisonment against Yusuf, public disdain of the judgment still remains.

It is not unusual to find the lower courts who sentence people to jail with an option of fine.

In January, an Area Court in Jos sentenced 36-year-old Paul Bitrus to three months imprisonment and an option of N25, 000 fine for stealing a vehicle.

Further, in June, an Area Court in Jos sentenced Abba Adam to five months imprisonment for impersonating an official of the National Drug Law Enforcement Agency (NDLEA) and stealing a motorcycle valued at N470,000.

Adam was also found guilty of stealing an Infinix Hot-7 handset worth N35,000, and bags of moringa and charcoal from different people, valued at N50,000.

The defendant was, however, given an option of N20,000 fine or serve the jail term.

Legislature must review the law – Lawyers

Reacting, Dayo Akinlaja (SAN) said it is for the legislature to review the laws to attune them to current situations in the country’s criminal justice.

“Laws are dynamic in nature and that makes it necessary to review them constantly to reflect the extant realities of the society,” he said.

“There are Law Reform Commissions at the state and national levels expected to constantly review our laws and set in motion the machinery for enactments of new laws as expedient.”

Similarly, Hameed Ajibola Jimoh Esq places on the doorstep of lawmakers to either repeal the Penal Code and re-enact new law or to amend the said section (s) of the code.

He explained that the Criminal Procedure Code is not the same as Penal Code. “The Penal Code is a substantive criminal law in the Northern Nigeria while Criminal Procedure Code is a Criminal Procedure law in the other States other than in the North and in Federal High Court of Nigeria prior to the enactment of the ACJA”.

He said the Criminal Procedure Law is at the state level while Criminal Procedure Act is at the federal level. ACJA is more of Criminal Procedure Act than substantive criminal law at the FCT and federal level.

“ACJA is now the Criminal Procedure Act governing criminal proceedings in courts in FCT and Federal High Court of Nigeria,” he said.

For his part, E.M.D.Umukoro said 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 can not adequately meet the  current criminal justice system in Nigeria.

“To solve this legal imbroglio, the National and the various state houses of assembly must review and enact new criminal law to meet with the current realities of the criminal justice system is to see any serious revamp,” he said.

Also reacting, Jude Daniels Esq said the solution is to repeal the law and reenact a new one as was done to the Companies and Allied Matters Act, which had been in operation since 1990.

He said of the existence of the Penal Code, “That is too long a time to begin to ponder on snippets of amendments. Just repeal and reenact with modern realities and Nigeria’s peculiarities. Enough of cloned legislations from other climes.”

Also responding, a professor of Law, Abdullahi Shehu Zuru said it was high time the penal law is amended to reflect current realities in Nigeria’s criminal law.