Defining Crime in Nigeria

Defining Crime

At its core, crime is an act or omission that violates the laws of a society and is punishable by the state. It’s a complex phenomenon with varying definitions across different legal systems. For example, consider the following:

Legal Definition: Crime is primarily defined by the laws of a particular jurisdiction. Acts that are considered criminal in one country may not be in another.
Social Norms: While laws are formally codified, societal norms and values also play a significant role in shaping what is considered criminal behavior.
Harm Principle: A widely accepted philosophical principle suggests that actions should only be criminalized if they cause harm to others or to society as a whole.

Crime and Criminals

There can be no sane discussion of “crime” and “criminals” without an investigation of the meaning of the words. A large majority of men, even among the educated, speak of a “criminal” as if the word had a clearly defined meaning and as if men were divided by a plain and distinct line into the criminal and the virtuous. There is no such division, and from the nature of things, there never can be such a line.

Strictly speaking, a crime is an act forbidden by the law of the land, and one which is considered sufficiently serious to warrant providing penalties for its commission. It does not necessarily follow that this act is either good or bad; the punishment follows for the violation of the law and not necessarily for any moral transgression. In ordinary language, a crime is an unlawful act punishable by a state or other authority.[1]

According to Farmer, the term “crime” does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law.[2]

One proposed definition is that a crime or offense (or criminal offense) is an act harmful not only to some individual or individuals but also to a community, society, or the state (“a public wrong”). Such acts are forbidden and punishable by law.[3]

The Oxford Dictionary of Sociology defines crime in a more complex way: “an offense which goes beyond the personal and into the public sphere, breaking prohibitory rules or laws, to which legitimate punishments or sanctions are attached, and which requires the intervention of a public authority.”[4]

Criminologists, therefore, look beyond this strict legal definition to examine the social and cultural roots of crime and criminalization, including a questioning approach as to why certain activities are labeled ‘crime’ while others are not. In this aspect of definition comes the term social norms.

Crime and Social Norms

Social norms are behaviours that are deemed acceptable in a society or group. Social norms and values help to determine what is legally defined as crime: judges and lawmakers are influenced by these norms and values when they define what crime is and make recommendations about suitable punishments. But social norms and values change over time and are different in each country.[5]

This means the acts or behaviours that are considered to be criminal also change over time. Moreover, there are many other reasons why certain acts are criminalized while others aren’t. This is often a political response rather than one based on social norms –law-makers sometimes need to be seen to be ‘doing something about the problem of crime.

The notion that acts such as murder, rape, kidnapping, terrorism, and theft are to be prohibited exists worldwide.[6] What precisely is a criminal offense is defined by the criminal law of each country. While many have a catalog of crimes called the criminal code, in some common law countries no such comprehensive statute exists.

These structural realities remain fluid and often contentious. For example: as cultures change and the political environment shifts, societies may criminalize or decriminalize certain behaviors, which directly affect the statistical crime rates, influence the allocation of resources for the enforcement of laws, and (re-)influence the general public opinion.

Crime in Nigeria Today: A Multifaceted Perspective

Nigeria grapples with a myriad of criminal activities that pose significant threats to its social fabric, economic development, and national security. Understanding these crimes, their legal implications, and societal impact is crucial for formulating effective remedies.

Cybercrime in Nigeria

Cybercrime has become a pressing issue in Nigeria, mirroring global trends as technology becomes deeply embedded in daily life.

Evolution of Cybercrime: Initially characterized by email scams known as “419” frauds (named after Section 419 of the Criminal Code Act), cybercrime in Nigeria has evolved into sophisticated operations involving phishing, malware, ransomware, and hacking.
Economic Impact: According to the Centre for Strategic and International Studies (CSIS), cybercrime costs the global economy up to $600 billion annually, with Nigeria being significantly affected due to high rates of online fraud and financial scams.
Legal Framework: The Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015 is Nigeria’s primary legislation addressing cybercrime. It criminalizes various offenses, including:
- Cyberstalking: Sending offensive or menacing messages via electronic means.
- Identity Theft: Unauthorized use of another person’s identity for fraudulent purposes.
- Cyberterrorism: Unauthorized access to critical infrastructure with intent to cause harm.
Enforcement Agencies:
- Economic and Financial Crimes Commission (EFCC): Tasked with combating economic and financial crimes, including cybercrime.
- Nigeria Police Force Cybercrime Unit: Specializes in investigating cyber-related offenses.
Challenges:
- Limited Resources: Law enforcement agencies often lack sufficient tools and training.
- Jurisdictional Issues: Cybercrime frequently transcends national borders, complicating prosecution.

Is Prostitution a Crime in Nigeria?

Prostitution in Nigeria occupies a complex legal and social space, with variations across different regions.

Legal Status:
- Southern Nigeria: Under the Criminal Code Act, prostitution itself is not explicitly illegal, but activities associated with it are criminalized, such as:
  - Brothel Keeping: Managing or owning a place for prostitution is illegal (Sections 223-225).
  - Procurement: Facilitating or compelling someone into prostitution is prohibited.
- Northern Nigeria: Governed by the Penal Code and Sharia Law in some states, prostitution and related activities are explicitly illegal, with severe penalties.
Enforcement Reality:
- Socio-Economic Factors: High poverty rates and unemployment contribute to the prevalence of prostitution.
- Corruption: Law enforcement may be inconsistent due to corruption and bribery.
Human Trafficking Links:
- Nigeria is a significant source country for human trafficking, with many women and girls forced into prostitution domestically and abroad.
- National Agency for the Prohibition of Trafficking in Persons (NAPTIP) works to combat this issue.

Is Adultery a Crime in Nigeria?

Adultery’s legal status in Nigeria varies between the secular and religious legal systems.

Southern Nigeria:
- Under the Criminal Code Act, adultery is not a criminal offense.
- It is considered a private matter, though it can be grounds for divorce under the Matrimonial Causes Act.
Northern Nigeria:
- Governed by the Penal Code Act and Sharia Law in certain states.
- Sharia Law considers adultery (zina) a criminal offense punishable by severe penalties, including flogging or stoning, although such extreme punishments are rarely executed due to procedural safeguards and international human rights obligations.
Civil Implications:
- Divorce Proceedings: Adultery can impact divorce settlements and custody cases.
- Defamation Suits: False accusations of adultery can lead to defamation claims.

Is Cyberbullying a Crime in Nigeria?

Cyberbullying is increasingly recognized as a serious issue, with legal mechanisms in place to address it.

Legal Provisions:
- Cybercrimes (Prohibition, Prevention, Etc.) Act, 2015 addresses cyberbullying under sections dealing with cyberstalking and harassment.
- Offenses include sending messages that are grossly offensive, indecent, obscene, or menacing in character.
Penalties:
- Offenders can face fines up to ₦7 million and/or imprisonment for up to three years, depending on the severity and nature of the offense.
Challenges:
- Underreporting: Victims may be reluctant to report due to stigma or lack of awareness.
- Technical Expertise: Law enforcement requires more training in digital forensics.
Awareness Initiatives:
- NGOs like Paradigm Initiative promote digital rights and inclusion.
- Safer Internet Nigeria campaigns focus on educating youth about online safety.

Is Blackmail a Crime in Nigeria?

Blackmail is explicitly criminalized under Nigerian law, with strict penalties for offenders.

Criminal Code Act:
- Sections 371-373 cover offenses related to extortion and blackmail.
- Blackmail involves making unwarranted demands with menaces, intending to cause the victim to yield to the demand.
Cybercrimes Act, 2015:
- Addresses blackmail conducted via electronic means.
- Cyber extortion is punishable under this Act.
Penalties:
- Offenders may face imprisonment for up to fourteen years under the Criminal Code.
- Cyber-related blackmail can result in imprisonment and/or substantial fines.
Enforcement:
- Victims should report incidents to the Nigeria Police Force or the EFCC, especially if financial fraud is involved.
Sources:
- Criminal Code Act (PDF)
- Cybercrimes Act, 2015 (PDF)
- EFCC – Reporting Economic Crimes

Is Cross-Dressing a Crime in Nigeria?

Cross-dressing has recently become a subject of legislative attention in Nigeria, reflecting societal debates on morality, culture, and human rights.

Current Legal Status:
- As of October 2023, there is no federal law explicitly criminalizing cross-dressing.
- However, individuals may be prosecuted under laws related to public indecency or anti-LGBTQ+ legislation.
Proposed Legislation:
- In April 2022, a bill was introduced in the House of Representatives seeking to amend the Same-Sex Marriage (Prohibition) Act, 2014 to include provisions against cross-dressing.
- The bill proposes a six-month imprisonment for offenders.
- Exceptions are made for individuals who cross-dress for entertainment purposes.
Social Context:
- Nigeria is a deeply religious and conservative society.
- Cross-dressing is often socially stigmatized and associated with LGBTQ+ identities, which are criminalized.
Human Rights Concerns:
- International and Local Advocacy: Organizations like Amnesty International and Nigeria’s Human Rights Commission have criticized moves to criminalize cross-dressing, emphasizing the rights to freedom of expression and personal autonomy.
Notable Incidents:
- Public figures such as Bobrisky and James Brown, known for cross-dressing, have faced harassment and legal threats.
- These cases have sparked national conversations about gender expression and human rights.

Crime in Nigeria is a complex interplay of legal, social, economic, and cultural factors. Addressing these issues requires comprehensive strategies that involve:

Legal Reforms: Updating laws to reflect modern realities and ensuring consistent enforcement.
Strengthening Institutions: Enhancing the capacity of law enforcement and the judiciary.
Economic Development: Tackling poverty and unemployment to remove the economic incentives for crime.
Public Awareness: Educating citizens about their rights and the legal implications of their actions.
Human Rights Compliance: Ensuring that measures to combat crime do not infringe on fundamental human rights.