The classification of offences in Nigeria is one of the most fundamental areas of criminal law. Many law students and legal practitioners often ask:
What is the classification of offences in Nigeria
What are simple offences in Nigeria?
What are the three main crimes under criminal law?
What are examples of felonies, misdemeanors, and simple offences?
This article provides a clear guide with relevant sections of the Nigerian Criminal Code Act, case examples, and academic perspectives.
PARTIES TO AN OFFENCE UNDER NIGERIAN CRIMINAL LAW (section 7)
What is an Offence?
Section 2 of the Criminal Code Act defines an offence as:
“An act or omission which renders the person doing the act or making the omission liable to punishment under this Code, or under any Act, or law, is called an offence.”
General Classification of Offences in Nigeria
According to Section 3 of the Criminal Code Act, offences in Nigeria are classified into three main categories:
1. Felonies
2. Misdemeanors
3. Simple Offences
Let us break down each class with examples.
Felonies in Nigerian Law
Section 3 of the Criminal Code defines a felony as:
“Any offence which is declared by law to be a felony, or is punishable without proof of previous convictions with death, or with three years imprisonment or more.”
Key Elements of a Felony
Declared by Law: If the Criminal Code expressly calls an offence a felony.
Punishable with Death: Offences such as murder and armed robbery.
Punishable with Imprisonment of 3 Years or More:Example – an offence carrying 5 years’ imprisonment.
Without Proof of Previous Conviction:First-time offenders can still face felony punishment.
Summary: An offence is a felony if the law calls it so, or if it attracts death penalty or three years’ imprisonment or more.
Misdemeanors in Nigerian Law
According to Section 3 of the Criminal Code:
“A misdemeanor is any offence which is declared by law to be a misdemeanor, or is punishable by imprisonment for not less than six months, but less than three years.”
Key Elements of a Misdemeanor
Declared by Law: Specifically labelled a misdemeanor.
Punishable by Less than 3 Years’ Imprisonment: e.g offences with penalties of 6 months or 2 years.
Difference from Felony:
Felony 3 years or more, or death penalty.Misdemeanor → 6 months to less than 3 years.
Simple Offences in Nigerian Law
Under Section 3 of the Criminal Code:
“All offences, other than felonies and misdemeanors, are simple offences.”
Key Elements of Simple Offences
Not a Felony (no death penalty, no 3 years imprisonment).
Not a Misdemeanor (not expressly declared, nor punishable by 6 months–3 years).
Usually Minor Punishment: Short imprisonment (often less than 6 months) or small fines. Examples: Minor traffic offences, loitering, public nuisance.
SECTION 24 OF THE CRIMINAL CODE NIGERIA FULL ANALYSIS OF INTENTION AS AN ASPECT OF MENS REA
Other Academic Classifications of Offences
While Nigerian law officially recognizes only three types of offences, academics often classify offences into broader categories such as:
Mala in se (inherently wrong)
Mala prohibita (wrong because prohibited by law)
Offences against persons, property, or the state
Indictable and non-indictable offences
Statutory or Common Law Offences etc
These later classifications are more theoretical and used in academic discussions, but in practice, Nigerian criminal law relies mainly on the felony misdemeanor–simple offence distinction. The Nigerian system of classifying offences is largely inherited from English common law traditions, later codified in the Criminal Code Act and Penal Code (for Northern Nigeria).
In CONCLUSION let us answer directly most questions associated with classification of offences:
Relationship Between the Penal Code and Criminal Code in Nigeria
Frequently Asked Questions (FAQ) on Classification of Offences in Nigeria
Q1: What is the classification of offences in Nigeria?
The Nigerian Criminal Code Act classifies offences into three categories:felonies, misdemeanors, and simple offences.
Q2: What are simple offences in Nigeria?
Simple offences are minor crimes that are neither felonies nor misdemeanors. They usually attract light punishments such as fines or imprisonment of less than 6 months. Examples include traffic offences, loitering, and public nuisance.
Q3: What are felonies in Nigerian criminal law?
A felony is any offence that is punishable by death or three years imprisonment or more, or expressly declared a felony by law. Examples include murder, armed robbery, and treason.
Q4: What is a misdemeanor under Nigerian law?
A misdemeanor is a crime that is less serious than a felony but more serious than a simple offence. It usually carries 6 months to less than 3 years imprisonment.
Q5: What are the three main crimes?
The three main crimes under Nigerian law are felonies, misdemeanors, and simple offences as defined in Section 3 of the Criminal Code Act.
Q6: What is the difference between a felony and a misdemeanor?
Felony → punishable by death or 3+ years imprisonment.
Misdemeanor → punishable by 6 months to less than 3 years imprisonment.
Q7: Does Nigerian law recognize other types of offences?
Academically, offences may also be classified as mala in se, mala prohibita, statutory offences, common law offences, or based on the nature of the harm (e.g., offences against persons, property, or the state). However, in practice, the Criminal Code recognizes only felonies, misdemeanors, and simple offences. perhaps you may also check the HISTORY & SOURCES OF CRIMINAL LAW IN NIGERIA
Parties to an Offence under Section 7 of Nigerian Criminal Law with Judicial Pronouncements
What are the ELEMENTS OF CRIME: Meaning, Definition, and Full Criminal Law Notes in Nigeria