HOMICIDE TRIALS IN NIGERIAN CRIMINAL JUSTICE ADMINISTRATION
Abstract
There is no society without crime; the proposition that some criminal defendants should not be held liable for their actions is what forms the fulcrum of the criminal justice system in any country of the world. The guilt of a person is usually adjudged by their mental capacity and this is settled fact both common law and civil jurisdictions especially countries like Nigeria.
It is settled law that crime is what the law says it is. Crime is not a flat curve but a wavy one, that is, there are varying degrees of crimes in any society with some of these crimes being one motivated by passion, some by defence, some intentionally while others may be unintentional. All of these crimes may either be violent or non violent as in the subject of this study: homicide, which can be regarded as the most violent of crimes. Offences such as murder/culpable homicide punishable with death, treason and armed robbery are punishable with the death sentence. Terrorism Act has not prescribed the death penalty for terrorism offences.
This paper analyses the inner workings of the Nigerian laws on murder.
To achieve this objective, the study adopts the analytical method of research which entails the analysis of the criminal and penal laws applicable in the southern and northern parts of the country. Secondary sources as well as case laws are analysed in this paper.
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