AN EXPOSITION INTO SOME FUNCTIONS OF LAW IN NIGERIA by ABDULLAHI ADEBAYO ABDULRAUF

The law is as old as men on the surface of the earth. It is that thing that human so much respect, either willingly or by force, human beings obey the law. Both the Law and Human beings have become two entities that cannot be separated from the other. Law is seen as that entity that makes Human Beings to be distinct from animals.

However, had there not been many benefits that human beings sought to enjoy from the administration of law in their dealings, they will not have been upholding it and subject themselves to it since the time immemorial. This work shall therefore discuss some of the functions that law serves to benefit human beings in general with the aid of some statutory provision in Nigeria.

• PRESERVATION OF LIFE

Not only human beings, animals too have lives, but there is a special difference between how the life of an animal and human being are being treated. An animal maybe taken away from its mother and killed for dinner, but human life can never be done like that. This is because; the life of human being is being preserved by the law. People that do not kill other human beings are either abiding by this law or keeping friends with their loved ones.

Section 33 of the Constitution of the Federal Republic of Nigeria[1] stated that no one shall be internationally deprived of his right to life. Human life is treated as a precious being, for this reason, merely attempting to kill a person is an offence which its punishment is life imprisonment[2], conspiring with other people to kill a person in a way that is nor allowed by the law is also a crime, anyone found guilty of this offence shall be credited with up years imprisonment[3].

Although, there some circumstances when life of a person is allowed to be taken as stated by the law, for example, in the case of self defence in respect of one’s property or one’s life, execution of Court Order, to suppress riot, or to prevent escape from lawful arrest according Section 33 of the Constitution. No individual also have right to anyone to kill himself, the act of killing oneself is called suicide. Anyone who attempted to commit it will face the wrath of  the law and liable to one year imprisonment[4], and whoever that gives someone an advice to kill himself or helps him to kill himself will be gladly sentenced to life imprisonment[5]

• PROTECTION OF PROPERTIES

Among the benefits that we sought to gain from the administration and effective enforcement of law is that it protects our properties from encroachment. One’s property can not be stolen unless the thief will face hard consequence of the law. Though stealing a person’s belongings may not inflict harm on the owner because the thief often steal an item without any threat, upon that, a thief can be sentence to three years imprisonment if no other punishment is provided by law for the kind of item that he stole[6], there are some items that if they are stolen, the thief will be liable to seven years imprisonment[7] and there are some items that if they are stolen, the offender will be liable to imprisonment for life[8].

Apart from the above which no threat may be used, the law has even protect one’s property more by prohibiting and criminalizing the use of weapon, either firearms or offensive weapon or chemical to create fear in the mind of a victim, will force and threaten the victim to surrender his property. This conduct is called ROBBERY where only threat to use violence is used to take another person’s property, and ARMED ROBBERY when it is done with the use of firearms, offensive weapon such as cutlass, machete, stick or obnoxious chemical like Acid. The former (robbery) is punishable with up to 21 years imprisonment and the latter (Armed Robbery) with death sentence[9].

Nevertheless, a person cannot be cheated of his property without the perpetrator facing the wrath of the law; the punishment is three years imprisonment[10]. Also the law has guarantee safety and protection to the properties of individuals by making it a crime to set another person’s building on fire, it is called offence of Arson, and it is punishable with life imprisonment[11].

More so, the civil offence of trespass, negligence and nuisance also play vital roles in the protection of one’s property from unreasonable substantial and physical interference, thereby guarantees the enjoyment of such property.  The Constitution also guarantees the right of individual to have immovable property in anywhere in Nigeria[12] . Intellectual properties are also protected by the law, for instance if a person steal the intellectual work of another like book, song, illustration, design, or any audio or visual content, the person will be liable for punishment either in tort[13] or under copyright law in Nigeria which provide the punishment that is up to two years imprisonment without the option of fine[14]. it is more serious that a new company cannot use the name of an existing company for its own or choose to use the product name, logo, impression, tone, picture or any trademark of an existing company unless the defaulting person will either be liable to the  offense of Passing Off or Trademark Infringement .

• PRESENTATION OF MORALITY

Every human community has its own moral believe, it divers from one community to another base on the background of culture, religion, economy or political ideology of such community, however, this moral believe is bound to be preserve in order to have a sane society. Law performs this function in Nigeria.

Some conducts are antithetical to the good standard of the society, example of these is Beastiality, the act of having sexual intercourse with an animal which is criminalized and punishable with 14 years imprisonment in Nigeria under Section 214(2) of the Criminal Code Act. Rape, Defilement, Murder, Defamation are some of those offenses  that are against the standard of morality, they are therefore criminalized and punishment are appropriately provided for them[15].

Drinking of Alcohol and Fornication are also immoral acts which are also criminal offenses in  Nigeria[16], but these two offenses are only crime in Northern part of Nigeria, it’s considered immoral in some southern part of Nigeria too, bit it has not been given a force of law.  Meanwhile, anyone who commits adultery/fornication or alcoholism in the Southern part of Nigeria is faced with social opprobrium and loss of integrity, but not prosecution of law.

• PRESERVATION OF PEACE , ORDER AND GOOD BEHAVIOR

Peace is precious to everyone, it comes as a result of orderliness and this can only be gotten if everyone in the society displays good behaviour. For such good behavior to be preserved, the law has used its capacity to provide some provisions which will be enforced. Have it in mind that the absence of peace and order is chaos and anarchy. The law will never allow that to occur. Thus, if the provision of law is effectively enforced in the society, good behavior is inevitably the result.

Several legislation enactments have been made to this effect. In 2015, Violence Against Person Prohibition Act, 2015 was enacted to control some the behavior of the people socially. It makes it unlawful for a man to abandon his wife and children without providing them with reasonable sustenance, such bad behavior has three years imprisonment punishment with an option of fine of the sum of Five Hundred Thousand Naira (#500,000)[17]. An offence like Incest, which involves sexual intercourse with who one is closely related and are forbidden to marry is also taken care of. It attracts to 10 years imprisonment. If the offence is committed with the knowledge and agreement of the both of the offenders, their punishment is prison for 5 years without an option of fine[18].

If anyone intentionally exposes his sexual organs, touching the private parts of another person or doing any other actions that may amount to Indecent Acts, the person will be punished with two years imprisonment upon conviction[19]. The whole provision of Anti-Torture Act of 2017 prohibits inhuman treatment and degradation of a person , Terrorism Act of 2022 prohibits the Act of Terrorism and Proceed of Crime Act, 2022 also provide how criminal proceeds will be recovered and administered among other laws.

The Fundamental Right to Freedom of Expression does not avail a person the right to say or write anything about someone that lower or degrades such a person in the estimation of right thinking men in the society, or that will expose one to hatred or contempt, or that will affect professional business reputation of a person, all these conducts amounts to defamation, the law on defamation  is too harsh on whomever commits it because, such an offender may be liable both in a civil and criminal courts, this then commands good behavior as regards what a person will use his mouth to say about another person.

CONCLUSION

The legal maxim that says “ibi jus ubi remedium“  comes to play to gave remedy to a wronged person which is as a form of restitution for the wronged person and a form of retribution for the offender. For the reason that their will surely be a remedy for an action which may be a detriment to a perpetrator of an evil action makes such action to be refrained from, and this is what amounts to functions, benefits and significants of law in any particular society.

No matter which of the reasons, human life is not allowed to be killed except according to some situations that are provided by the law. Another person’s property cannot be treated maliciously. No one is allowed to perform an act that offends the moral standard, peace and good behavior of a particular society, the law forces everyone to uphold these and by implication, anarchy and chaos have nowhere to stay.

Abdullahi Adebayo Abdulraufis a Law Student at Bayero University Kano where he is studying the combination of Common Law and Islamic Law. He is the founder of Abdullahi Legal Academy, an initiative that provides legal awareness for the general public and organises result-driven tutorials for law students across various faculties of law in Nigeria. He can be reached via 09034904883 and Abdulraufabdullahia@gmail.com

FOOTNOTES

1. Hereinafter referred to the Constitution
2. Section 320(1), Criminal Code Act CAP C38 LFN 2010
3. Ibid. Section 324(1)
4. Section 327 of the Criminal Code Act, CAP C38 LFN 2010
5. Ibid. Section 326
6. Ibid. Section 390
7. Ibid. Section 390 (1) (4) (5)(7)(8)
8. Ibid. Section 390(1)(2)
9. Ibid. Section 401(1), 402
10. Ibid. Section 419
11. Ibid. Section 443
12. Section 43 of the Constitution
13. The Offense of Passing Off
14. Section 20 copyright Act
15. Section 218, 220, 315, 316, 319, 357, and 358 of the Criminal Code Act, CAP C38, LFN 2010
16. Section 387, 388 of the Penal Code
17. Section 16(1) VAPPA 2015
18. Ibid Section 25(a)
19. Section 231, Criminal Code Act

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[1] Hereinafter referred to the Constitution

[2] Section 320(1), Criminal Code Act CAP C38 LFN 2010

[3] Ibid. Section 324(1)

[4] Section 327 of the Criminal Code Act, CAP C38 LFN 2010

[5] Ibid. Section 326

[6] Ibid. Section 390

[7] Ibid. Section 390 (1) (4) (5)(7)(8)

[8] Ibid. Section 390(1)(2)

[9]  Ibid. Section 401(1), 402

[10] Ibid. Section 419

[11] Ibid. Section 443

[12] Section 43 of the Constitution

[13] The Offense of Passing Off

[14] Section 20 copyright Act

[15] Section 218, 220, 315, 316, 319, 357, and 358 of the Criminal Code Act, CAP C38, LFN 2010

[16] Section 387, 388 and

[17] Section 16(1) VAPPA 2015

[18] Ibid Section 25(a)

[19] Section 231, Criminal Code Act