Laws Prohibiting Mob Action/Jungle Justice In Nigeria

OBSCURE LEGAL FACTS

BY AROME ABU ESQ.

In Nigeria, it is an offence to participate in any mob action by setting a person ablaze or inflicting physical injury on them, hence, causing their death.

Section 33(1) of the Nigerian Constitution of the Federal Republic of Nigeria 1999(as amended)

“Every person has a right to life and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria”

Section 315 of the Criminal code Act

“Any person who unlawfully kills another is guilty of an offence called murder or manslaughter, according to the circumstances of the
case.”

Section 220 of the Penal Code

“Whoever causes death:-

(a) by doing an act with the intention of causing death or such bodily injury as is likely to cause death…commits the offence of culpable homicide.

Section 8(1) of Administration of Criminal and Justice Act (2015)

“A suspect shall:

(a) be accorded humane treatment, having regard to his right to dignity of his person;

(b) not be subjected to any form of torture, cruel, inhuman or degrading treatment”.

Section 2(1) of the Violence Against Persons Act

“A person who willfully causes or inflicts physical injury on another person by means of any weapon, substance or object, commits an offence and is liable on conviction to a term of imprisonment not exceeding 5 years or a fine not exceeding N100,000.00 or both.

In 2021, a Bill seeking to protect persons against mob actions was considered by the House of Representatives.

Arome Abu is the Managing Partner of TCLP.

CAVEAT: Note that this information is provided for general enlightenment purposes and is not intended to be any form of legal advice.

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