AN EVALUATION OF GENERAL DEFENCES UNDER THE NIGERIAN CRIMINAL JUSTICE SYSTEM

Student: Chikezie Christopher Ujam
Supervisor: Dr Josephat Okika
HOD: Prof Boniface Okereke
Department of Law
Law
Godfrey Okoye University, Ugwuomu-Nike, Enugu, Enugu State

Abstract

ABSTRACT This project provides a comprehensive appraisal of the general defences under Nigerian laws. It examines the various defences available to individuals accused of criminal offences in Nigeria, including insanity, intoxication, self-defence, provocation, and mistake. This project analyzes the legal framework and judicial interpretations of these defences, highlighting their strengths and weaknesses. Chapter One and two of this work lays the foundation by defining what a crime is and the various circumstances that can invalidate certain aspects of a crime. Chapter three examines the rights of a defendant at various stages of the criminal justice process in Nigeria, namely before, during, and after trial. It provides an in-depth analysis of the legal framework and judicial interpretations of the defendant's rights, including the right to fair hearing, right to counsel, right to bail, right against self-incrimination, and right to appeal. Through a critical evaluation of case law, statutes, and academic literature, chapter four of this project identifies gaps and challenges in the current legal regime and proposes reforms to ensure that the defences are fairly and effectively applied in criminal trials. Chapter five of this project appraises the defences to criminal liability under the Nigerian law, examining the legal framework, judicial interpretations, and practical applications and recommends the need for legislative amendments, judicial clarity, and improved legal representation.

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