By Eric Ikhilae, Abuja
The Chairman of the Nigerian Law Reform Commission (NLRC), Professor Jummai Audi, has explained why her agency is working to unify the provisions of the two existing laws on criminal justice in the country – the Criminal Code and Penal Code.
Prof Audi said the existence of both laws creates a picture of a divided criminal justice system and poses challenges to operators.
She noted that although there were unsuccessful attempts before now to reform, modernise and unify both laws, her agency was poised this time, to ensure a successful outing.
Prof Audi spoke in Abuja at a “national stakeholders’ summit for the validation of the reports on the unification of and reform of the Criminal and Penal Codes,” held on February 25 this year by the NLRC.
Prof Audi said current realities dictate that the country’s administration of criminal justice and the system of criminal justice be urgently reformed and modernised to ensure efficiency.
He noted that not only are the sources of both laws different, some of their provisions and penalties are no longer in tandem with the present realities.
“While the Criminal Code is mainly based on the English Criminal and Common Law, the Penal Code is on the Penal Codes of Islamic countries of Sudan, Pakistan and India,
“The English Criminal Justice System leans more in favour of the ‘State’ rather than for the victim of the offence.
“And although the Penal Code provides for ‘compensation’ to a victim of crime, the compensation is notably inadequate,” she said.
The NLRC chair equally noted that there are instances where the punishment provided in one Code for an offence is found to be at variance with the provision in the other Code on similar offence,
She added: “There is no doubt reform of these legislations are long overdue as some of the provisions are obsolete, spent and unnecessary while others are no longer adequate in view of the changing circumstances of life and technological advancement.
“Indeed, the world is fast becoming a global village, and the laws need to be reviewed.
“Although the commission (NLRC) considers the exercise as capable of fostering national unity, it recognises the needs to maintain the diversities therein and warn ourselves of the need for strict adherence to the principles of Federalism, so as to maintain the fundamental values of democracy, good governance, human rights and the rule of law.
“Reform of the law is a noble undertaking and is becoming ever more important. As societies become more complex, it is crucial that the law is as fair, modem, simple and cost effective as possible, while retaining the best from the past.
“It is essential for reform of the law to be principled, based on sound methods and on account of the views not only of’ experts, but also of the civil society.
“Also as the frontiers of law continue to expand with reasonable speed and more sophistication in the systems of governance and advancement in science and technology, the relevant changes in legislation with the aim of enhancing justice and efficiency, the law must of necessity, move with time,” she said.
In 1988, the then Attorney-General of the Federation (AGF) and Minister of Justice, Prince Bola Ajibola attempted the reform and unification.
Prince Ajibola convened a meeting of stakeholders which comprised of Justices of the Supreme Court, the Court of Appeal; judges of the states’ High Courts; experts from faculties of Law of some of the country’s universities, representatives of the Nigerian Bar Association (NBA) , Senior Police Officers, Nigerian Customs Service and the Correctional Service, among others.
The deliberation at meeting led to the composition of a committee, headed by Justice Adolphus Karibi-Whyte, which produced a document, which comprised of a blend of the two Codes.
The document (in the form of a report) was later submitted to the Attorney-General of the Federation (AGF). But, after the submission of the report in 1988 no action was taken on it towards the unification and reform of both Codes
Also, an attempt was later made by a group, the Human Rights Law Service (HRLS), the NBA under the leadership of Olisa Agbakoba (SAN) and then AGF, Akin Olujinmi (SAN).
Origin of both Codes
The Criminal Code was passed in 1916 and made applicable to the whole country following the amalgamation of the Southern and Northern Protectorates in 1914.
In 1959, the Penal Code was passed and made applicable only in the Northern part of the country, leaving the application of the English Criminal Code to the Southern part of the country.
This development marked the beginning of the existence of two separate criminal laws in the country.
While the Criminal Code is mainly based on the English Criminal and Common Law, the Penal Code is based on the Penal Codes of Islamic countries of Sudan, Pakistan and India.
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