Criminal acts that people consider a norm in Nigeria

In this report, ADEOLA OJO explores some acts that people engage in as a norm but is actually considered a crime under the laws of the federal republic of Nigeria.

In Nigeria, because of certain cultural and religious beliefs as well as societal expectations grounded in ingrained myths and sometimes perceived gender roles, some acts that are seen as the norm within the society  but under the provisions of the law, they are actually offences categorized as criminal acts

And these acts are categorized as criminal offences under the provisions of laws like Violence Against Persons (Prohibition) Act (VAPP) 2015, the Criminal Code (used in southern Nigeria), the Penal Code (used in northern Nigeria) and the Administration of Criminal Justice Act (ACJA) 2015

Many acts that were previously not explicitly criminalized or widely understood as crimes under older Nigerian laws are now offences under the Violence Against Persons Prohibition (VAPP) Act, 2015. These include various forms of non-physical abuse and harmful traditional practices.

These laws aim to protect individuals from various forms of violence and abuse

It is important to note that the VAPP Act is a federal law and only applies in the Federal Capital Territory (FCT) unless a specific state has enacted its own mirroring VAPP law. As of August 2024, most Nigerian states have adopted their versions of the law.

Under Nigerian laws, particularly the Violence Against Persons (Prohibition) Act (VAPP) 2015, there are several acts that people may not know are crimes. These acts are considered natural things that do not portend harm and are actually acceptable under traditional laws and societal norms. Some of these include:

Emotional, Verbal, and Psychological Abuse: This is a specific offence under the VAPP Act. It includes an act of degrading, humiliating, or intimidating a person through repeated insults, ridicule, name-calling, repeated threats to cause emotional pain, or repeated exhibition of obsessive possessiveness that interferes with a person’s privacy, security, integrity, and liberty. Emotional, verbal, and psychological abuse under the VAPP Act, is punishable by up to 1 year imprisonment or a fine not exceeding N200, 000.

Forceful ejection from home: Forcefully evicting a spouse or partner from their home or refusing them access is a punishable offence.

Abandonment: Abandoning a spouse, children, or other dependants without any means of sustenance is now a crime.

Abandonment of dependents: Abandoning spouses, children, or dependents without sustenance is an offence, punishable by up to 3 years imprisonment or a fine not exceeding N500, 000.

Forced financial dependence or economic abuse: This involves acts that result in a person’s forced financial dependence, which is now explicitly criminalized.

Harmful widowhood practices: Subjecting a widow to harmful traditional practices (such as forcing her to have symbolic sexual intercourse with a relative of the deceased, stripping her naked, or making her bathe in public) is a crime.

Harmful traditional practices: This includes Female Genital Mutilation (FGM), forced marriage, and denial of inheritance and succession rights, punishable by up to four years imprisonment or a fine not exceeding N500, 000.

Female Genital Mutilation (FGM): Performing, engaging another to perform, or inciting someone to perform FGM is an offence, irrespective of the cultural beliefs surrounding the practice.

Stalking and Intimidation: The Act specifically criminalizes stalking and intimidation of a person.  Stalking is defined as a pattern of repeated, unwanted behavior that causes fear or distress to a person. It can involve behaviors such as following, surveilling, or making unwanted contact without the victim’s consent. Stalking can occur in various forms, including physical contact, harassment, or even cyberstalking through social media and other online platforms. It is important to recognize that stalking is a serious crime that can lead to significant emotional and psychological harm to the victim.

Stalking is an offence, punishable by up to two years imprisonment.

Administering a substance with intent to aid sexual activity: The act of intentionally giving someone a substance in order to overpower or stupefy them just to facilitate non-consensual sexual activity, is categorized as a criminal offence under the law especially under the provisions of the VAPP Act.

Incest: Incest refers to sexual relations between individuals who are closely related, such as family members. This includes any sexual activity that takes place between non-spouse family members or close relatives, and it is illegal in many countries due to societal norms aimed at protecting family structures and preventing genetic complications. Incest can also involve sexual abuse or contact between family members, which may include parents, siblings, and cousins. The criminalization of incest is primarily due to the power dynamics often associated with it, which can lead to the exploitation of vulnerable family members.

The VAPP Act provides a clear definition and severe punishment for incestuous acts, regardless of whether consent was given or not.

Indecent exposure: Intentionally exposing one’s genital organ or a substantial part of it to another person, which causes distress or induces them to commit an offence, is a crime. When you intentionally expose genital organs or a substantial part thereof, with the intention of causing distress, is an offence punishable by up to one year imprisonment.

Political violence: The Act criminalizes any act of violence during political activities, including thuggery and the use of force to disrupt meetings.

Forced Isolation or Separation: Forcing someone to isolate or separate from family and friends is an offence, punishable by up to 6 months imprisonment or a fine not exceeding N100, 000.

These provisions represent a significant shift from older criminal and penal codes by recognizing a wider range of abuses, especially those occurring in domestic or private settings, as serious crimes.

Under other laws, like the Criminal Code, some acts that people may not know are crimes include:

Attempt to commit suicide: Attempting to commit suicide is a crime under the Criminal Code, punishable by up to one year imprisonment.

Defamation of character: Defamation, including libel and slander, is a crime under the Criminal Code, punishable by up to two years imprisonment.

Adultery: Adultery is a crime under the Criminal Code, punishable by up to two years imprisonment (applies to men only).

Giving false information to public officers: Providing false information to public officers, including police, is a crime under the Criminal Code, punishable by up to three years imprisonment.

Unlawful assembly: Gathering in a public place with the intention of causing a disturbance is a crime under the Criminal Code, punishable by up to one year imprisonment.

Inciting public mischief: Inciting public mischief, including spreading false rumors, is a crime under the Criminal Code, punishable by up to two years imprisonment.

Neglect of children or dependents: Neglecting children or dependents, including failure to provide for their needs, are a crime under the Criminal Code, punishable by up to one year imprisonment.

Begging: Begging is a crime under the Criminal Code and it is punishable by up to one year imprisonment.

Many Nigerians are unaware that acts like inciting ethnic hatred online, tampering with critical infrastructure (oil pipelines, electrics), possessing tools for making counterfeit currency, online harassment/posting indecent content, obstructing public officers, or even procuring someone to commit suicide are serious felonies under Nigerian law, carrying lengthy prison sentences, though “419” (advance fee fraud) is well-known, people often miss its specific legal framework which is Section 419 of the Criminal Code and other cybercrimes.

Inciting ethnic hatred: Provoking ethnic or religious hatred, even online, can lead to life imprisonment under the Cybercrimes Act.

Tampering with Infrastructure: Interfering with oil pipelines or electrical works can result in life imprisonment.

Online content offenses: Posting rude, vulgar, or indecent content to humiliate others (online harassment) is punishable by up to two years.

Advance fee fraud (“419”): Obtaining property by false pretenses, including inducing victims with fraudulent documents, is a felony (Section 419).

Possession of counterfeit currency tools: Making or possessing plates for printing currency notes (not CBN) carries a long prison sentence.

Procuring suicide: Counseling or aiding someone to kill themselves is a felony and attracts capital punishment.

Unlawful treatment of property: Dealing with another’s property as your own with intent to permanently deprive them is stealing.

Obstructing justice/officers: Interfering with law enforcement or preventing public proclamation is considered a criminal offense.

Ignorance isn’t a defense; understanding laws like the Cybercrimes Act and Criminal Code is crucial, especially regarding digital activities and public infrastructure.

Under the Administration of Criminal Justice Act (ACJA) 2015, some acts that people may not know are crimes include:

Actions that people often do not know are now crimes or have specific penalties under the ACJA include:

Arresting a person in place of a suspect: It is now explicitly an offence for the police or any other law enforcement agency to arrest a person in lieu of the actual suspect (e.g., arresting a family member or friend when the suspect cannot be found).

Undue delay in taking an arrested person to court: The Act introduces specific time limits for detaining a suspect and requires an arrested person to be taken to a police station immediately and subsequently brought before a court within a reasonable time. Failure to do so without lawful excuse can be an offense for the officer involved.

Failure to record a suspect’s statement electronically: To prevent denials of confessional statements or allegations of duress, the ACJA stipulates that confessional statements should be recorded electronically (video or audio), and the failure to do so may have legal consequences regarding the admissibility of the statement.

Obstructing a search where a woman occupies the premises: If a woman who, by custom or religious practice, does not appear in public is in a house where an arrest is to be made, the arresting officer (unless a woman) must give her notice and opportunity to withdraw. Failure to comply with this procedure when applicable could be an issue.

Disclosing the identity of a victim/witness in certain cases: In trials for certain offences (including sexual offences, human trafficking, and terrorism), the Act provides for witness protection measures, and anyone who contravenes the provisions by disclosing the name, address, or identity of the victim or a witness commits an offence punishable by a minimum of one year imprisonment.

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Discriminating against a woman as a surety: It is a criminal offense to deny, prevent, or restrict a person from standing as a surety for a defendant solely on the grounds that the person is a woman.

Unlawful arrest: Arresting someone without a warrant or probable cause is a crime.

Failure to inform suspect of arrest reason: Not informing the suspect of the reason for their arrest is a violation of their rights.

Torture or cruel treatment: Subjecting a suspect to torture, cruel, or degrading treatment is a crime.

Bail refusal: Refusing bail to deserving suspects without justification is a crime.

Police reporting: Police must report to supervising Magistrates monthly on cases of arrested suspects.

There are however key in the ACJA. It includes:

Right to remain silent: Suspects have the right to remain silent and not answer questions until they consult a lawyer.

Right to bail: Suspects are entitled to bail, except in certain circumstances.

Compensation to victims: Courts can award compensation to victims of crimes.

The Nigerian Administration of Criminal Justice Act (ACJA) 2015 did not necessarily create many brand-new types of crimes, but rather introduced significant procedural innovations that criminalize certain actions by law enforcement and judicial officers which were previously common practices or not explicitly penalised.

These provisions aim to protect human rights, ensure fair treatment, and eliminate delays and abuses within the criminal justice system in Nigeria.