THE DEFENCE OF MISTAKE IN NIGERIAN LAW

📄 Project Abstract

The plea of mistake may be raised either alone or with similar defences to criminal responsibility. Particular attention is observed in homicide cases where the life of the accused is at stake. The Supreme Court in Kuvawa Takida v The State, 3 held that, all the defences which are available to an accused person on evidence, should as a matter of course, be considered by the courts, whether or not such defences are raised specifically by the accused or by his counsel. Organisational Structure The thesis is divided into seven chapters. Chapter I is the introductory chapter and it contains an account of the historical background and origin of the Penal and Criminal Codes. The relationship between the two Nigerian codes and their relationship with other Legal systems is also examined. Chapter 11 examines the early period in English Law when mistake came to be one of the early defences recognised, as not being compatible with the existence of mens rea. Thereafter, the development of the def...