A CRITICAL EVALUATION OF CRIMINAL RESPONSIBILITY FOR STRICT LIABILITY OFFENCES IN NIGERIA

Abstract

The purpose of criminal law is the deployment of instrumentality of state authority to strike a balance between corporate survival our group security on one hand and individual freedom and self-actualization on the other hand, In Nigeria the dynamics of criminal responsibility is founded on the principle that wrongdoing is anchored on the twin pillars of prohibited conduct and guilty mind or evil intention the physical and mental elements of an offense. However, the doctrine of strict liability is regarded as an exception the rule for the reason that it inflicts punishment on an offender based exclusively on the physical element of the offence. This study examines the principle of criminal responsibility in Nigeria and its impact on strict liability offences with a view to establishing its deterrent capacity, impact on sentencing and compliance with the universal principle of Fair hearing. Methodologically, the study relies on the doctrinaire orientation in evaluating the instruments governing criminal responsibility in Nigeria as well as their manifestations in extant legislations relating to strict liability. The research findings show that in spite of the fact that strict liability is regarded as an exception to be rule of criminal responsibility, it does not, however, qualify as a valid exception. It is also often touted as an instrument of criminal deterrence for the enthronement of higher standards of care for public protection it is its application is, however a negation of the principle of criminal responsibility and fair hearing as well as disincentive to diligence (arising from the boomerang effect of strict liability). The research findings also show that strict liability is not the only anachronistic but also runs against the tide of contemporary criminal theory for the reason that it seemed to command the doing of impossibility. In view of the findings the study is expected to be of immense benefits to scholars, lawmakers, judicial officers and public makers who will gain insight from the work for the benefit of the society. The studied therefore recommends among other things the expurgation of the doctrine of strict liability from the couples of Nigeria's criminal law, and its replacement with the doctrine of due diligence and negligence as has happened in some progressive jurisdictions in the world.