EXCUSE

“THE ARCHITECTURE OF EXCUSE AND JUSTIFICATION: A CRITICAL INQUIRY INTO THE ROLE OF DEFENCES IN CRIMINAL LAW”

Department
Year of Publication
Publication Type
Abstract
Humans are fickle and their actions even more wobbling by the transient nature of the world. Ergo, their acts are regulated by laws, short of these laws, their acts become an abnormality to society- crimes! And in the world of criminal law culpability and compassion must intersect for justice to be done as well as seen done. Accordingly, this research rigorously examines the intertwined doctrines of excuse and justification as defences within Nigerian criminal law, illuminating their pivotal role in balancing societal order with individual autonomy. Framed within the complexities of Nigeria’s plural legal system, The Architecture of Excuse and Justification explores how the law, stern yet humane, negotiates the delicate equilibrium between societal order and individual autonomy. A novel inquiry in the Nigerian Criminal law sphere! Justification, on the one hand as examined, sanctifies conduct deemed necessary or right in its circumstances albeit in self-defence, defence of property or lawful correction, each showing the law’s pragmatic embrace of moral duty and public good. Excuse, on the other hand, humbles the majesty of law before the frailty of the human spirit, excusing acts wrought by insanity, provocation, duress, or honest mistake, where culpability wanes though wrong remains. This work is pivotal as it exposes doctrinal ambiguities, statutory inconsistencies, and judicial challenges in clearly delineating these defences, further complicated by cultural, religious, and pluralistic influences that shape application and interpretation. Drawing on comparative perspectives from multiple jurisprudence, the study posits that Nigeria’s criminal law must evolve through comprehensive codification, enhanced judicial training, and institutional support. It reaffirms the law’s highest calling to punish with justice, to excuse with reason, and to justify with conscience. Ultimately, this work contends that the vitality of criminal law depends not only on punishing the guilty but on understanding why and when it must refrain
Supervisor(s)
co-supervisor