This study, ” JUDICIAL ATTITUDE TO HOMICIDE IN NIGERIA LAW” contains concise information that will serve as a framework or guide for your project work. The project study is well-researched for academic purposes and are usually provided in complete chapters with adequate References. Keywords: JUDICIAL ATTITUDE TO HOMICIDE IN NIGERIA LAW
ABSTRACT Criminal Law in Nigeria is so wide that it applies to a wide range of crimes. a crime is and act that is deemed by a statute or by the Common Law to be a public wrong and is therefore punishable by the state in Criminal proceeding. The crime of homicide which can be divided into two namely, lawful homicide which is a division of homicide justified or excused by law and they are self defence, suppression of riot, defence of property etc. unlawful homicide is prohibited by law with very stiff punishment melted out to its offenders. Unlawful homicide could be either murder or manslaughter, murder is an intentional killing of and human being and its carries a severe punishment of a sentence to death while manslaughter is an unintentional killing of another which must have been through provocation, negligence, causation, omission etc. and its carries a sentence of life imprisonment.the actus reus and mens rea of a crime must be proven before and accused can be convicted, the burden of proving that the accused committed the crime is on the prosecution and it never shifts. This study will be narrowed down to homicide generally ,the problems facing in the proving of guilt of an accused person by the prosecution and solutions will be proferred. Chapter one, general introduction to the whole will be discussed. The second chapter unearths the different definition of crime by different jurists and legal writers, it will discuss the burden of prove in Criminal Cases,and the ingredients that constitute crime. Chapter three discusses extensively the critical and general overview of the meaning of homicide, under which lawful and unlawful would be discussed. Chapter four espouses the main aim of this study where the judicial trend of Courts will be discussed, also the origin and meaning of punishment, enforcement of homicide laws, punishment for crime of homicide will be discussed. The fifth chapter closes with the summary of the whole study, Recommendation would have been made towards the advancement of Criminal Law through the provisions of both the criminal code and the penal code. TABLE OF CONTENTS TABLE OF CASES TABLE OF STATUTES LIST OF ABBREVIATION CHAPTER ONE GENERAL INTRODUCTION 1.0.0: INTRODUCTION 1.1.0: BACKGROUND TO THE STUDY 1.2.0: OBJECTIVES OF THE STUDY 13.0: FOCUS OF THE STUDY 1.4.0: SCOPE OF STUDY 1.5.0: METHODOLOGY 1.6.0: LITERATURE REVIEW 1.7.0: DEFINITION OF TERMS 1.8.0: CONCLUSION CHAPTER TWO INTRODUCTION TO THE CONCEPT OF CRIME 2.0.0: INTRODUCTION 2.1.0: MEANING OF CRIME 2.2.0: INGREDIENTS THAT CONSTITUTE CRIME 2.2.1: ACTUS REUS 2.2.2: ACTS 2.2.3: OMISSIONS 2.2.4: ACTUS REUS AND CAUSATION 2.3.0: PRINCIPLESOFMENS REA 2.3.1: INTENTION 2.3.2: PROOF OF INTENTION 2.3.3: RECKLESSNESS 2.3.4: KNOWLEGDE 2.3.5 NEGLIGENCE 2.3.6: MOTIVE 2.4.0: BURDEN OF PROOF IN CRIMINAL CASES 2.5.0: CONCLUSION CHAPTER THREE A CRITICAL AND GENERAL OVERVIEW OF THE MEANING OF HOMICIDE 3.0.0: INTRODUCTION 3.1.0: WHAT IS HOMICIDE? 3.2.0: DISTINCTION BETWEEN LAWFUL AND UNLAWFUL HOMICIDE 3.3.0: UNLAWFUL HOMICIDE3.3.1: MURDER-CULPABABLE HOMICIDE PUNISHABLE WITH DEATH 3.3.2: MANSLAUGHTER-CULPABABLE HOMICIDE NOT PUNISHABLE WITH DEATH 3.3.3: VOLUNTARY MANSLAUGHTER 3.3.4: ELEMENTS OF PROVOCATION 3.3.5: INVOLUNTARY MANSLAUGHTER 3.4.0: LAWFUL HOMICIDE 3.4.1: EXECUTION OF SENTENCE 3.4.2: SELF DEFENCE1 3.4.3: DEATH BY MISADVENTURE 3.4.4: SUPPRESSION OF RIOT 3.4.5: DEFENCE OF PROPERTY 3.4.6: CONSENT TO DEATH 3.4.7: PREVENTION OF CERTAIN OFFENCES 3.4.8: LAWFUL ARREST, PREVENTING ARREST OR RESCUE AFTER ARREST 3.4.9: KILLING OF THIEVES 3.5.0: CONCLUSION CHAPTER FOUR EXAMINATION OF JUDICIAL ATTITUDE TO HOMICIDE IN NIGERIA 4.0.0: INTRODUCTION 4.1.0: ORIGIN OF PUNISHMENT 4.2.0: ENFORCEMENT OF HOMICIDE LAWS IN NIGERIA 4.3.0: PUNISHMENT FOR THE CRIME HOMICIDE 4.4.0: JUDICIAL TREND OF COURTS IN HOMICIDE CASES IN NIGERIA 4.5.0: CONCLUSION CHAPTER FIVE CONCLUSION AND RECOMMENDATION 5.0.0: CONCLUSION 5.1.0: RECOMMENDATION BIBLOGRAPHY TABLE OF CASES NIGERIA • Aduku v FRN [2009] 9 NWLR (Pt.1146) 370 • Amos Adetola v The Crown [1960] WNLR (Pt.5) • Areh v COP [1959] WNLR 230 • Atiku v State [2010] 9 NWLR (Pt.1199) 215 • Awosika v State [2010] 9 NWLR (Pt.1198) • Edoho v State [2010] 14 NWLR (Pt.1214) 481 • Emmanuel Ibeziakor v COP [1963] NRNLR 88 • Fatoyinbo v AG WESTERN NIGERIA [1966] NMLR 4 • Ibikunle v State [2005] 1 NWLR (Pt.907) • Iromantu v State [1964] ALL.NLR311 • Jua v State [2010] 4 NWLR (Pt.1118) 217 • Nkebisi v State [2010] 5 NWLR (Pt.1118) 429 • Odon v Barigha Amange [2010] 12 NWLR (Pt. 1207) • Orisakwe v State [2004] 12 NWLR (Pt.887) • Rabiu v State [2010] 10 NWLR (Pt.1201) • R v Adekanmi [1944] 17 NLR 99 • R v Aliechem [1956] 1 FSC 64 • R v Ani Nwokorafor [1944] 10 WACA (Pt.1198) • R v Anigo [1970] 1 ECSLR 43 • R v Bangaza [1960] FSC 1 • R v Ebi [1936] 3 WACA 36 • R v Ebok [1950] 19 NLR 811 • R v Green [1955] 15 WACA 73 • R v Nwanjoku [1937] 3 WACA 208 • R v Obaji Ogbodo [1961] ALL.700 • R v Udo [1942] 8 WACA 111 • The State v Danjuma [1997] 5 NWLR (Pt.506) 512 • State v Abba Mohammed [1969] NMLR 296 • State v Akpan [1972] 2 UILR 457 • State v Augustine John [1974] 4 UILR 408 • State v Okezi [1972] 2 ECSLR 419 • State v Usman [2005] 5 NWLR (Pt.906) 80 • Sunday Omeninu v State [1966] NWLR 356 • Vincent Chukwu v State [1966] NWLR 274 UNITED KINGDOM • Hyam v DPP [1974] 2 ALL.EA 41 • Proprietary Articles Trade v AG Canada [1931] ACP 310 • R v Blaue [1975] 3 ALL EA 450 • R v Evans [1950] 1 ALL ER 610 • R v Jorden [1956] 40 CR.App.R 152 • R v Pittwood [1902] 19 TLR 37 • R v Steane [1947] KB 997 • R v Sellis [1837] QB 850 • Re White [1910] 2 KB • Shaw v DPP [1962] ACP 220 • Young Husband v Liftig [1949] 2 KB 345 TABLE OF STATUTES NIGERIA • Constitution of the Federal Republic of Nigeria, Cap.C23 LFN 2004 • Criminal Code, Cap.C38 LFN 2004 • Criminal Procedure Act Cap.C41 LFN 2004 • Evidence Act Cap.E14 LFN 2004 • Penal Code Cap.P3 LFN 2004 • Police Act Cap.P19 LFN 2004 UNITED KINGDOM • Homicide Act 1957 • Theft Act 1968 • Sexual Offences Amendment Act 1976 LIST OF ABBREVIATIONS • AC: Appeal Cases • All ER: All England Reports • All NLR: All Nigeria Law Reports • CA: Court of Appeal • Cap: Chapter • Cox CC: Cox’s Criminal Cases • C& P: Carrington and Payne’s Reports • Cr.App.R: Criminal Appeal Reports • Ed: Edition • FSC: Federal Supreme Court • KB: King’s Bench • LFN: Laws of the Federation of Nigeria • NRLR: Northern Region Law Reports • NWLR : Nigerian Weekly Law Reports • QB: Queen’s Bench • QBD: Queen’s Bench Division • SC: Supreme Court • TLR: Times Law Reports • UILR: University of Ibadan Law Reports
Keywords: JUDICIAL ATTITUDE TO HOMICIDE IN NIGERIA LAW
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