Introduction
Stealing is one of the oldest offences known to law — condemned by both customary and statutory laws. In Nigeria, the offence is codified mainly under the Criminal Code Act (for Southern Nigeria) and the Penal Code Act (for Northern Nigeria).
Stealing is more than just a legal offence it’s also a moral wrong that violates a person’s right to property.
In this post, we will walk through:
The statutory definitions of stealing in Nigeria.
The statutory definitions of stealing in Nigeria.
The elements and ingredients of the offence.
What can be considered “property” capable of being stolen.
Notable Cases on the offence of stealing in Nigeria.
Let’s begin.
Definition and Statutory Basis of Stealing in Nigeria
1. Criminal Code Act (Southern Nigeria)
The main definition is found in Section 383(1)
“A person who fraudulently takes anything capable of being stolen, or fraudulently converts to his own use or to the use of any other person anything capable of being stolen, is said to steal that thing.”
Section 383(2) then explains when such taking or conversion becomes fraudulent. A person is said to act fraudulently if he does so with any of the following intentions:
(i) To permanently deprive the owner of the thing
(ii) To permanently deprive someone who has special property rights in the thing
(iii) To use it as a pledge or security
(iv) To part with it under a return condition they cannot fulfil
(v) To deal with it in a way it can’t be returned in its original state
(vi) In the case of money, to use it at the will of the person
So, from this, it’s clear:Stealing involves fraudulent taking or conversion, backed by a dishonest intent.
2. Penal Code Act (Northern Nigeria)
Here, Section 286 defines theft as:
“Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.”
This version is similar but uses the word “dishonestly” rather than “fraudulently,” and calls it “theft” instead of “stealing.”
In simple terms, stealing under the Penal Code is the intentional and wrongful taking or conversion of someone else’s movable property.
From this, we can break down the offence of theft into:
Mens rea:Dishonesty and intent to permanently deprive the owner.
Actus reus: The actual appropriation of the property.
What is Capable of Being Stolen? (Section 382 of the Criminal Code)
Not everything can be stolen — the law makes that clear. Section 382 defines “things capable of being stolen” as:
“Anything that is the property of any person and which is movable, and includes money, valuable securities, debts and things in action, and any other thing the value of which can be expressed in money.”
Let’s break this down further:
Anything movable and owned by someone can be stolen.
Even money, securities, debts, or rights in action (like a cheque) fall under this.
Under Section 286(2) of the Penal Code, even electricity is considered property that can be stolen when it is abstracted or diverted.
Can Living Things Be Stolen?
Yes. Living animals — whether wild, tamed, or domestic — like dogs, ostriches, or monkeys — are capable of being stolen.
But here’s a twist:
If a wild animal is in its natural habitat and hasn’t been captured, it cannot be said to be property yet.
However, once killed (e.g., by hunting) it’s dead body becomes property and can be be stolen.
So, if you go hunting and catch an antelope, that’s not theft unless you’re in a restricted or reserved forest where hunting is prohibited. Then it becomes an offence.
Can Land Be Stolen Under Nigerian law?
No. Land is immovable and not capable of being stolen.Similarly:Things that are abandoned or not capable of ownership can’t be stolen either.For instance, timber or crops cannot be converted unless they have been cut down or harvested.
Can You Steal What Doesn’t Exist?
The answer is no. As stated by Niki Tobi JCA (as he then was) in Onagoruwa v. The State:
“A person can only be charged with stealing what is in existence.”
Thus,Before anyone can be convicted of stealing, the prosecution must prove that the thing allegedly stolen actually existed.
We’ve now unpacked the statutory definition of stealing under Nigerian law.To actually prove a case of stealing in court, there are specific ingredients that must be established.
Click here to continue reading: [Ingredients of the Offence of Stealing in Nigeria]