THE CONTENT OF CRIME

TOPIC OF THE DAY

- COMMON LAW

- PUBLIC LAW

- MENS REA

- ACT OR COMMISSION

- STRICT AND ABSOLUTE LIABILITY OFFENCES

Common Law

Common law refers to legal principles and precedents developed through judicial decisions rather than through statutes or regulations. It's based on customary practices and past judicial decisions.

While Nigeria primarily operates under a statutory legal system, the common law is still relevant, especially in areas not covered by statutes or where judicial interpretation is required. See the case of Balogun v Odutola (1953) 14 WACA 85 where the Nigerian case illustrates the application of common law principles in contract law.

Public Law

Public law deals with the relationship between individuals and the government, including areas such as constitutional law, administrative law, and criminal law.

Public law governs the powers and duties of government institutions, the rights of citizens, and the regulation of public affairs in Nigeria. An example is The Constitution of the Federal Republic of Nigeria 1999 (as amended) which outlines the framework for public law in Nigeria.

Mens Rea

Mens rea, Latin for "guilty mind," refers to the mental state or intention behind a criminal act. It's a crucial element in determining criminal liability.

Nigerian criminal law requires proof of mens rea for most offenses to secure a conviction. See the case of R v. Momoh (1965) 1 All NLR 256 which discusses the importance of establishing mens rea in criminal prosecutions.

Act or Commission

Act or commission refers to both positive actions and omissions that can result in legal consequences.

Nigerian law recognizes liability for both acts and omissions, depending on the circumstances and legal requirements. See Section 23 of the Criminal Code Act which outlines circumstances where omissions can constitute criminal offenses.

Strict and Absolute Liability Offenses

Strict liability offenses impose liability without requiring proof of mens rea, while absolute liability offenses impose liability regardless of fault.

Nigerian law recognizes strict and absolute liability offenses in various statutes, particularly in regulatory and public safety matters. See the case of Akpan v. The State (2011) LPELR-4243(SC) where the Supreme Court discusses the distinction between strict and absolute liability offenses in criminal law.