(1) E.g. Robbery, motor manslaughter, and prison reforms.

(2) Homicide by Reckless or Dangerous Driving (Summary Trial and Punishment), Edict, 1968, of the Western State. See a comment on this by A. A. Adeyemi, Nigeria Law Journal, Vol. 3, 1969, p. 172-176.

(3) The Police, the Courts and the Prisons or Social Welfare Departments.

(4) It is only in this sense that the popular misconception of criminology as a science of crime detection may be partly correct.

(5) J.W.C. Turner (ed.), «Kenny's Outlines of Criminal Law», I6th Edition, Ch. 1; Glanville Williams, «The Definition of Crime», Current Legal Problems, 1955, Vol. 8, p. 107-130; id. Durkheim, «Division of Labour»; W. Bonger, «Criminality and Economic Conditions», Lord Atlrin in Proprietary Articles Trade Association v. Attorney-General of Canada (1931) A.C. 310, at p. 324; B. Wootton, «What is Crime ?» The Listener, April 28, 1966, E.H. Sutherland, «Is White Collar Crime Crime ?», American Sociological Review (1945), Vol. 10, p. 132-139; and P.W. Tappan, «Who is the Criminal ?», American Sociological Review (February, 1947), Vol. 12, p. 96-102.

(6) See e.g. Driberg, «African Conception of Law», Journal of Comparative Legislation and International Law, 1960, p. 2030 et seg. See also, Driberg, «Primitive Law in East Africa», Africa, Vol. 1, 1928, p. 63-72 et seg. Contrast, however, the views of Manilouksi, «Crime and Custom in a Savage Society»; Lowie, «Prirnitive Society»; Talbot, «The Peoples of Southern Nigeria»; Meers, «Law and Authority in Nigerian Tribe»; Elias, «Nature of African Customary Law».

(7) Compare the views of P.W. Tappan in «Who is the Criminal ?», ibid.

(8) The use of this word is consonant with the presupposition that any culture of the under-developed areas of the world is primitive. It is to be wondered if Gluckman's analysis of «The Judicial Process of the Barotse», and that of Elias in his «Nature of African Customary Law», particularly chapters VII and VIII (to give just two examples), have not belied that supposition.

(9) Driberg, «Primitive Law in East Africa», op. cit., 63, at p. 64-85.

(10) Such a situation existing in 1916 is understandable; but its retention till now cannot be defended.

(11) E.g. Guba v. Gwandu N.A. (1947) 12 W.A.C.A. 141.

(12) Maizabo v. Sokoto N.A. (1957) N.R.N.L.R. 133.

(13) Although, failing to be original, they too ended up with a Code drafted by Lord Macaulay, an Englihman. The code in substance is English Criminal Law with some Moslem additions.

(14) Customary Criminal Law was largely unwritten and as long as it remained so, it was effectively abolished unless its principles appeared in statutes or statutory instruments. The abolition was effected in the 1960 Constitution, s. 21 (10) which became s. 22 (10) of the 1963 Constitution.

(15) C. Beccaria, «On Crime and Punishment»—for an account, see Holdsworth's «History of English Law», Vol. XI, p. 575-580; and E. Morachesi, Journal of Criminal Law, Criminology and Police Science», Vol. 46, No. 4, November-December, 1955.

(16) This has been reproduced from the author's contribution to T.O. Elias, Ed., «The Prison System in Nigeria», with the kind permission of the Editor.

(17) T.O. Elias, op. tit., at p. 131.

(18) The relevant provision is now contained in s. 30 of the Criminal Code.

(19) Cap. 32, Vol. I of the 1958 Edition of the Laws of the Federation, ss. 11, 14 and 16.

(20) Ibid., s. 14.

(21) See s. 284 of the Criminal Code.

(22) This defence is being developed in an article entitled «Provocation Re-examined», which is still in progress.

(23) It is very difficult to support the present-day dfferential treatment of the provoked assaulter and the provoked murderer. There is no reason why both of them cannot be entitled to acquittal, provided they really lost their power of self-control.

(24) 1843—See «The Report of the Royal Commission on Capital Punishment», 1949-53, London, H.M.S.O., Cmnd. 8932, p. 79-88; 98-116; Appendix 8 (a) at p. 391-2; and Appendix 8 (d), at p. 397-406.

(25) S. 28, which McNaughten plus subnormally and uncontrollable impulse.

(26) Durham v. U.S. 214 F. 2d. 862 (D.C. Cir. 1954).

(27) Model Penal Code, p. 27, s. 4.01.

(28) This is provided for in s. 29 of the Code. See figure II of Appendix I infra for an analysis of the provisions of this section.

(29) This is governed by s. 24 of the Code.

(30) A.F. Allen, «Borderline of Criminal Justice», at p. 4.

(31) Section 25 of the Criminal Code.

(32) Criminal Code, ss. 343 and 344, and Road Traffic Act, s. 18.

(33) See Appendix II, infra.

(34) See Allan Whyte, in «Carelessness, Indifference and Recklessness» (1961) 24 Modern Law Review, 592. Contrast however, the Replies by Fitzgerald (1962), 25 Modem Law Review, 49; and Williams (1962), 25 Modem Law Review, 55. But see again, White's Rejoinder in (1962), 25 Modem Law Review, 437. With respect, White's views are preferred.

(35) Aetiology of Crime.

(36) See e.g. the Dangerous Drugs Act, Cap. 48, Vol. II the 1958 Laws of the Federation, particularly ss. 7 and 20.

(37) Ss. 401 and 402 of the Northern Penal Code are for maintaining public order and decency and also for preventing drunken rowdiness in a public place or in a private place where someone else has a right to exclude him. Although the Code forbids Moslems to take alcohol.

(38) Also known as marijuana or cannabis.

(39) See the Indian Hemp Decree, Decree No. 19, 1966, section 2 of which makes it death, or at least, 21 years imprisonment for knowingly planting and cultivating indian hemp. By section 3, it is death or at least fifteen years imprisonment for its sale or unlawful importation. By section 4, ten years imprisonment is provided for its exportation. Section 5 provides at least ten years imprisonment for smoking or being in possession of it.

(40) They get these cheaply at duty free prices and consume quite a lot of them.

(41) T.A. Asuni, in «Socio-psychiatric problems of cannabis in Nigeria», Bulletin on Narcotics, Vol. XVI, No. 2, 17, at p. 27.

(42) The afficiers at Kirikiri Prisons frankly admit to this fact.

(43) They seize every available opportunity to acquaint visitors of their plight. Their complaints go in this fashion : «I am here for only indian hemp and I have now been here for three years !».

(44) The Northern Penal Code, s. 387. S. 388 creates the offence of fornication.

(45) This then seriously weakens the differentiation argument mentioned above. But a more potent side-effect of this conclusion is the fact that it makes a cause-and-effect correlation between aetiological factors and criminality impossible. The most frequent objection to any of the theories is that if the theory is valid, then everyone to whom the factor in question applies must commit a crime. But inasmuch as it is not everyone who is a victim of the relevant factor who commits crime, then the factor cannot be correlatively causative.

(46) This may well remove the objection mentioned in the second paragraph of footnote 45, ante.

(47) E.H. Sutherland, and B. Cressey, «Principles of Criminology», Ch. 4, 75.

(48) W. Bonger, Criminality and Economic Conditions.

(49) «Delinquency and Opportunity».

(50) «London's Labour and the London's Poor».

(51) See e.g. S. Glueck and E. Glueek, «Predicting Factors in Aetiology of crime, and H. Mannheim and L. Wilkins, « Prediction Methods in Borstal Training».

(52) E. Durkheim, «Division of Labour».

(53) Ibid., «Division of Labour».

(54) R.K. Merton, «Social Structure and Anomie», American Sociological Review (October, 1938), Vol. 3, p. 672-682.

(55) They became innovators according to Mertons typology.

(56) It was unlikely that a policeman, unless he was then ready for a sack, who insist on searching a politician's house or removing a criminal from it, particularly ih the politician's party or his alliance was in power.

(57) The basis of this was that we should regard anything of ours as inferior to that of the colonial masters. We have not yet successfully done away with this doctrine.

(58) In fact, such schools are now regarded by both the parents and the children as a status symbol.

(59) The case of the Jews illustrates the strength of religion as a unifying force. Scattered all over the globe for about two thousand years, they still remained one nation until geographical expression was given to it after Wordl War II.

(60) In this category are some clergymen, housewives, journalists, and strangely enough some people connected with social work.

(61) The Constitution of the Nigeria Society of Criminology, Clause.

(62) When we appealed locally for funds to support the course, one of those to whom we appealed, a Bank Manager, regretted to inform us that they had no money for such (purposes. What an irony ? But the same bank will feel concerned if it was robbed at gun-point tomorrow.

(63) See e.g. the London Experience and the Cambridge Experience.

(64) Compare the system at Montreal.

(65) Perhaps the level of efficiency ot the Police could be discerned from Appendix V, behind.

(66) T.O. Elias, Ed., « The Prison System in Nigeria».

(67) General criticisms of the prison system is being avoided to avoid overlapping with other people's province.

(68) The rate is 2/—to 4/6d. maximum depending upon the time served.

(69) See Idada, in T.O. Elias, op. cit., Ch. 168, at p. 178.

(70) See F.O. Okediji and O.O. Qkediji, in T.O. Elias, 90, at p. 138-134.

(71) During the March disturbances at Ibadan, prisoners took off their uniforms, gave them to Warders who were then hidden under prisoners' beds.