EFFECT OF DETERMINISM ON CRIMINAL LIABILITY IN NIGERIA

Abstract

Criminal liability is the imputation of guilt on a person for an omission or a wrong done. A person is therefore said to be criminally liable when he commits an offence known to law and in the Nigerian criminal justice system, such a person is presumed until he is found guilty by a court of competent jurisdiction. There is no gainsaying that several factors may contribute to the criminal acts of such a person, which are usually the defences available to him such as mistake as to fact, insanity, delusion, accident, etc. Recent researches in other climes and jurisdictions have shown and revealed that determinism can now validly suffice as a defense for criminal liability where successfully proved, although the Nigerian criminal justice system is yet to come to terms with the doctrine and concept of determinism as a defence for criminal liability. This paper is aimed at elucidating the concept or doctrine of determinism in relation to criminal liability in Nigeria in pari materia with its applicability or effects on criminal liability in some other common law countries of choice. In furtherance of this work therefore and for the purposes of this paper, it is imperative that study the concept of determinism. The comparative and descriptive research approaches are employed in the analysis of data collected through doctrinal sources. The study recommends that determinism in criminal liability in Nigeria should be jettisoned for now because of the several nuances of criminal activities therein.