Towards a Legislative Reform of the Doctrine of Doli Incapax Under the Nigerian Criminal Code Act

Abstract

The New King James Version of the Holy Bible states in Proverbs 22:15 that, ‘foolishness is bound in the heart of a child, but the rod of correction shall drive it far from him’. When a child due to this inherent folly that pervades his heart, commits a wrong, some of the pertinent questions that may be asked include: Should such child be punished for the wrong committed? How can it be established that the child asides having demonstrated a guilty act had, at the time of the commission of the wrong, a guilty mind? These are some of the questions which this paper attempts to answer while examining criminal responsibility of children in the Nigerian legal system with a careful consideration of Section 30 of the Criminal Code Act which provides for the defence of immature age, otherwise known as the doctrine of doli incapax. In its analysis, this paper submits that although the inclusion of a statutory provision for the defence of immature age in the Criminal Code Act is quite laudable, there are some inconsistencies inherent in the tripartite provisions of Section 30 of the Criminal Code which do not conform to the dictates of logic, common sense and the realities of the Nigerian society. Thus, comparing the Criminal Code with the Penal Code of Northern Nigeria, this paper suggests that there is an urgent need for a legislative amendment of Section 30 of the Criminal Code.

Keywords: doli incapax, criminal responsibility, minimum age of criminal responsibility, Nigerian Criminal Code Act, Nigerian Penal Code.

DOI: 10.7176/JLPG/95-05

Publication date:March 31^st 2020