SOAS Research Online

Abstract

There are published works on the criminal law of Nigeria, but none of these appears to have attempted a criminological approach to the subject. It is to arouse interest in this field that this research work has been undertaken. Accordingly, the survey discusses how delinquency was controlled in the various societies which were brought together as Nigeria, and what impact this traditional background has had on the penal sanctions introduced by the British. This aspect of the conflict of cultures in an African country and the consequent difficulties in accepting and conforming to the criminal laws, are considered. As a result, the work is divided into two parts, first, the traditional or customary sanctions are discussed and then the modern penal system. The first four chapters, are devoted to the traditional sanctions. Chapter one introduces the discussion and then deals with the traditional political, social and religious institutions which contributed to the suppression of delinquency in pre-colonial times. In particular, the role played by the traditional rulers and men of influence, as well as supernatural agencies, are pointed out. Chapter two discusses the sources of customary criminal laws while chapter three indicates the content of those laws. Fart one is concluded by discussing the customary modes of trial and punishment of the offender. Chapter five, which is the first chapter in part two, surveys the decline of the traditional institutions and the establishment of the modern penal system. Chapter six examines the received criminal law and points out that it does not reflect the ethos, morals or beliefs of the people. The established modern courts, criminal procedure, the police and the prisons as institutions for the control of delinquency are discussed in chapters seven, eight, nine and ten respectively, while chapter eleven deals with juvenile delinquency. The work is concluded by chapter twelve which reflects on all that has been discussed and looks forward to the future by making suggestions for future Government policy, research and improvements in the methods of preventing, detecting and treating delinquency in Nigeria.