Relationship Between the Penal Code and Criminal Code in Nigeria

In Nigeria, the Penal Code applies to the Northern states, while the Criminal Code applies to the Southern states. Each code governs offences committed within the geographical territory to which it applies and only within that territory .HISTORY & SOURCES OF CRIMINAL LAW IN NIGERIA

For example, a court in a Northern state generally has no jurisdiction to try an offence committed entirely in the South. However, if a person in the North conspires with another within that region to commit a criminal act there, he may still be prosecuted under the Penal Code for criminal conspiracy. This position is supported by Section 96 of the Penal Code.

In Waziri v. State. the Court of Appeal held that a Muslim from the North could not be prosecuted for adultery or alcohol consumption if the act took place in the South, where such conduct is not criminalised under the Criminal Code

Complexities arise when an offence consists of several elements, some of which occur in one territory and others in another. The Criminal Code addresses this in Section 12A,which deals with offences partly committed within and outside the state.

Section 12A(2) Criminal Code provides that:

With regard to any such offence which is of such a nature that it comprises several elements, if any acts or omissions or events actually occur, which, if they all occurred in the State, would constitute an offence, and any of such acts or omissions or events occur in the State, although all or some of the other acts or omissions or events which, if they occurred in the State, would be elements of the offence, occur elsewhere than in the State, then:

(a) If the initial act or omission occurs in the State, the offender is guilty as if all the subsequent elements occurred within the State;

(b) If the initial act or omission occurs outside the State, but the offender later enters the State, he is guilty as if the act had been committed there.In either case, it is a defence to show that the offender did not intend the act or omission to have effect within the State.

This provision does not apply where the only material event occurring in the State is the death of a person caused outside the State, at a time when the victim was not in the State.

Key Effects of Section 12A of the criminal code

From a clear interpretation, Section 12A means:

1. Initial Act Within Territory: If the initial act of an offence occurs within a territory covered by a code, and other elements occur outside, the offender is liable as though all elements occurred within the territory.
2. Defence of No Intent: An offender can raise a defence if he did not intend the act to have an effect within the territory.
3. Initial Act Outside, Entry into Territory: If the initial act occurs outside but other elements happen within the territory, the offender becomes liable upon entering the territory even if entry was involuntary (e.g., by arrest). Supported by the authority in Oyebade v. Tiv N.A (1967) NMLR and Okoro v. A.G (1966) NMLR

In Haruna v. The State (1972) ANLR the Supreme Court held that a conspiracy formed in Lagos to commit an offence in the North (which was later committed) was triable in the North.

Important Proviso

It must be noted that Section 12A does not apply if the only material event occurring in the territory is the death of a person caused outside the territory, while the person was outside it.

For example: If someone is injured in a fight in the Western region and later taken across the boundary to Benue State, where he dies from the injury, the Criminal Code applies not the Penal Code.

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