Offences are defined by Section 2 of the Criminal Code to be an act or omission which is rendered punishable by some legislative enactment. For a person to be said to have committed an offence, it must be adequately proved that there was:
An intention to commit the said offence
The physical commission of that offence
According to Section 3 of the Criminal Code, offences are majorly classified into three. They include:
1. Simple Offences:
These types of offences are the ones with the least imprisonment time. The maximum time that a person convicted of a simple offence can spend is a period not up to 6 months. Simple Offences are usually bailable offences. However, if the court feels otherwise, an application for bail would be rejected.
According to the Criminal Code, these types of offences are punishable with six months imprisonment up to a period of 3 years imprisonment. In simpler terms, the minimum punishment for a misdemeanour is 6 months, while the maximum punishment is 3 years. A person arrested for a misdemeanour is only granted bail at the discretion of the judge.
Under the Nigerian Law, an offence considered to be a felony is a very serious one. They are offences punishable with 3 years imprisonment or more. In certain cases, the offence may be so severe as to attract a death penalty. An offence regarded as a felony is not a bailable one i.e the offender cannot be released on bail except in certain circumstances.
Also, before a person can be arrested for an offence considered to be a felony, the officer making the arrest must have been issued a warrant of arrest. An exception is if such offence was committed in the presence of the officer.
Do ask any questions you might have below.
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