Criminal
Three penal regimes: Criminal Code in the south, Penal Code in the north, Sharia codes in twelve states
There is no single Nigerian criminal code. The Criminal Code Act governs the southern states, the Penal Code Act the northern states, and twelve northern states additionally apply Sharia Penal Codes to Muslims. The Administration of Criminal Justice Act 2015 unified federal procedure and abolished holding charges.
Key rules
- Jurisdiction — State High Courts and Magistrates' Courts try most offences; Federal High Court handles federal offences; Sharia courts have criminal jurisdiction over Muslims in the twelve states.
- Deadline — Constitutional limit on detention without charge: 24 hours where a court is within 40km, otherwise 48 hours (s.35(4)-(5)).
Governing law
- Criminal Code Act, Cap C38 LFN 2004 — Applies in the southern states.
- Penal Code Act, Cap 89 (Northern Nigeria) — Applies in the northern states.
- Administration of Criminal Justice Act, 2015 — Unified federal criminal procedure; abolished holding charges; mandates custody inspections.
- Sharia Penal Code Laws (twelve northern states), 2000 onward — Apply to Muslims; constitutionality unresolved by the Supreme Court.
In practice
Substantive criminal law in Nigeria is territorial and tripartite. The Criminal Code Act (a Queensland-derived code) applies in the south; the Penal Code Act (Sudanese-derived, itself from the Indian Penal Code) applies in the north. From 2000 twelve states enacted Sharia Penal Codes applying hadd punishments to Muslims, including amputation and stoning; the death sentences imposed in the early cases were overturned or not carried out, and no hadd amputation has been judicially confirmed on appeal, but the codes remain on the books. The Administration of Criminal Justice Act 2015 is the major procedural reform: it applies to federal courts and the FCT, mandates monthly inspection of detention facilities by magistrates, requires that arrests not be made in lieu of a suspect, and abolished the 'holding charge' practice. Many states have enacted their own ACJ laws mirroring it.