It is a system of law that defines what acts or omissions constitute crimes and prescribes punishment for infraction. The primary objective of every system of criminal law is to specify what an offence is and what punishment is to be imposed.

Black’s Law Dictionary defines crime as “An act that the law makes punishable; the breach of a legal duty treated as the subject-matter of a criminal proceeding.” (Bryan A. Garner, 9th edition, Black’s Law Dictionary, (Thomson Reuters, 2009) 427)

“Offence”, on the other hand, is defined in the same dictionary thus, “A violation of the law; a crime, often a minor one.” And it goes further to state, “The terms ‘crime’, ‘offence’, and ‘criminal offence’ are all said to be synonymous and ordinarily used interchangeably.” (Black’s Law Dictionary, 1186)

In other words, crime can be defined as “an act or omission which renders the person doing the act or making the omission liable to punishment” under a written law. S. 2 CC.

The 1999 Constitution of the Federal Republic of Nigeria in section 36 (12) provides - Subject as otherwise provided by this Constitution, a person shall not be convicted of a criminal offence unless that offence is defined and the penalty therefor is prescribed in a written law; and in this subsection, a written law refers to an Act of the National Assembly or a Law of a State, any subsidiary legislation or instrument under the provisions of a law.

In Nigeria, no person can be charged with any offence unless same is defined in a written law with definite punishment prescribed and such offence must not have been brought into being retrospectively.

Examples:

Section 358 CC -
Any person who attempts to commit the offence of rape is guilty of a felony, and is liable to imprisonment for fourteen years with or without whipping.

Section 327 CC –
Any person who attempts to kill himself is guilty of a misdemeanor, and is liable to imprisonment for one year.
In Aoko V. Fagbemi (1961) 1 All NLR 400, it was decided that adultery was not an offence known to law in the Southern part of Nigeria and therefore, the accused was discharged.

In essence, an act or omission does not constitute an offence unless it is stated as such in a written law and a definite penalty is prescribed.


INDICES CRIMINAL LAW CIVIL LAW
Parties State Individuals
Consequence Punishment Liability
Standard of Proof Beyond reasonable doubt Balance of probabilities
Terminologies Guilty, sentence, conviction,
arrest, detention, bail, arraignment,
prosecution Liable, win, lose
Mode of Commencement Charge,
complaint, information Writs of Summons, Petition



NOTE: Video version of this presentation is available on my YouTube channel via this link -
https://www.youtube.com/watch?v=thwpcNJfi3Y&t=15s


https://www.youtube.com/watch?v=vvUfv-nnyQ0&t=730s