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EXAMINING CRIMINAL LIABILITY IN NIGERIA: THE INFLUENCE OF SECTION 24 OF THE CRIMINAL CODE

Adeoye Chukwu , B.Phil., BA, LLB, BL, Alumnus of NnamdiAzikiwe University, P.M.B. 5025, Awka, Anambra State, Nigeria

Abstract

This paper examines the impact of Section 24 of Nigeria’s Criminal Code on criminal liability, focusing on how this provision shapes the interpretation of intent and responsibility in criminal cases. Section 24, which addresses the principle of mens rea—the guilty mind required for criminal liability—stipulates the conditions under which individuals may be held accountable for criminal acts. This study explores how Section 24 influences judicial decisions by analyzing its application in Nigerian courts, particularly in cases involving negligence, intent, and strict liability offenses. By investigating key cases and legal interpretations, the paper highlights both the strengths and limitations of Section 24 in defining criminal liability. The findings suggest that while Section 24 provides a foundational framework for establishing intent, its application raises complex questions about accountability, especially in cases involving mental incapacity or involuntary actions. Ultimately, this study calls for a critical review of Section 24 to ensure it aligns with evolving legal standards and the principles of justice.

Keywords

Section 24, Criminal Code, criminal liability

References

B Wootton, Crime and the Criminal Law: Reflections of a Magistrate and Social Scientist.(2nd edn, London: Stevens & Sons, 1981), p. 14.

A Fagothey, Right and Reason: Ethics in Theory and Practice, (Missouri: C.V. Mosby Company, 1985), p. 16

LF Sturge (ed) Stephen's Digest of the Criminal Law, (9thedn, London: Sweet & Maxwell, 1985) p. 260.

CS Ola & OA Ola, Mensrea in Statutory Offences in Nigeria, (Lagos: Malthouse Press Limited, 1990), p.30.

IKE Oraegbunam has observed the myriad problems caused by the employment and interpretation of legal words, ‘Perspective on Legal Language and Reasoning in Nigeria Today: A Jurisprudential Approach’, (2011), vol 8, no. 1, ULJ, 38.

G Fletcher, Rethinking the Criminal Law (London: Little Brown, 1978), p. 397

Adekunle v. State [2006] 14 NWLR (pt. 1000) 717; Uwagboe v. State [2008] 12 NWLR (pt. 1102) 621; Uwaekweghinya v. State [2005] 9 NWLR (pt. 930) 227; Nwokearu v. State [2010] 15 NWLR (pt. 1215) 1.

[1991] 3NWLR (pt. 182) 66 SC., Okon v State [1991] 8 NWLR (pt. 210) 424 CA.,Jideonwo v State [1997] 1 NWLR (pt. 480) 209.

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Adeoye Chukwu. (2024). EXAMINING CRIMINAL LIABILITY IN NIGERIA: THE INFLUENCE OF SECTION 24 OF THE CRIMINAL CODE. International Journal of Law And Criminology, 4(12), 8–12. Retrieved from https://theusajournals.com/index.php/ijlc/article/view/4111