By Augustine Ossie Okafor
In justice administration, ignorance of the law is not an excuse, ‘ignorantia juris non excusat’. The law presumes that every person is aware of the law, whether or not they actually are. This foundational principle underpins legal systems around the world, including Nigeria.
It is codified in our statutory laws: Section 22 of the Criminal Code Act (applicable in Southern Nigeria) and also contained in the Penal Code (applicable in Northern Nigeria) affirm that a person is not excused from criminal liability, simply because they were unaware that their actions were unlawful.
Yet, across Nigeria, a large portion of the populace remains alarmingly uninformed about basic laws binding them. Many citizens commit offences not out of malice but from ignorance, and ignorance, unfortunately, does not protect them from punishment.
A common example is fighting in public, which many see as a trivial quarrel but is in fact classified as affray under Section 83 of the Criminal Code, punishable by imprisonment for up to one year. Similarly, drunk driving, a major cause of road accidents, is an offence under several state traffic laws and Federal Road Safety Commission (FRSC) regulations.
Laws around narcotics and controlled substances are also frequently violated. Trading or consuming Indian hemp, cocaine, tramadol, heroin, or any form of illicit drug is prohibited under the NDLEA Act, and is punishable by long prison sentences. Even public cigarette smoking is restricted in many states due to public health concerns, with state-level health laws and regulations prohibiting it in public places.
Moreover, behaviours such as smoking while driving, throwing waste from moving vehicles, or eating in commercial buses and littering the surroundings are not only unhygienic but unlawful. Offenders can face fines, community service, or prosecution under state sanitation laws.
Increasingly worrisome is the activity of iron scavengers, known locally as ‘iron condemn’,(iron kwondem, quomdem) traders. These individuals, often under the guise of scrap collection, now illegally excavate and cart away heavy metal slabs, manhole covers, and cable enclosures that protect underground telecommunications, power cables, sewage systems ( as in some flagship cities), and drainage infrastructure.
This reckless behaviour leaves gaping holes in roads and walkways, posing grave danger to pedestrians and unsuspecting motorists alike, and has already resulted in numerous accidents, injuries, and fatalities.
There is little to no evidence that these scavengers operate under a recognised or registered umbrella body. Without formal regulation, many of them engage in unchecked and criminal acts of theft, vandalism, and sabotage of both private and public infrastructure.
These acts constitute serious offences under the Criminal Code Act (Sections 390, 451, and 452), which cover stealing, willful damage to property, and malicious destruction, all punishable by imprisonment ranging from 2 to 7 years, depending on the gravity and specific statute violated.
Further, the Miscellaneous Offences Act, particularly Section 3, criminalises tampering with or destroying public utilities, with a prescribed punishment of up to 21 years imprisonment upon conviction. The Public Property Protection Laws in various states also prescribe severe penalties for damage to government assets. Where national security or public safety is endangered, such offences may even fall under acts of economic sabotage.
Local and state authorities, in conjunction with law enforcement and environmental protection agencies, must now act decisively. Arrest and prosecution of offenders should be pursued vigorously, and regulatory frameworks must be established to either ban these activities or bring them under lawful oversight. Allowing such recklessness to continue unchecked undermines national infrastructure, endangers lives, and perpetuates a culture of impunity.
*Other unlawful acts that often go unnoticed include:*
* Stealing or damaging government property (electric poles, cables, water pipes, traffic signs, etc.)
* Indecent or provocative dressing, which may breach public morality laws
* Cyberbullying, online fraud, and blackmail, covered under the Cybercrimes (Prohibition, Prevention) Act, 2015
* Noise pollution, especially at night or in residential areas
* Loitering or suspicious movement at odd hours
* Tax evasion or operating unregistered businesses is punishable under the Companies and Allied Matters Act (CAMA) 2020 and applicable tax laws
* Impersonating public officers or using fake identity documents
A particularly misunderstood but grave offence is rape, including marital rape. Contrary to popular belief, rape within marriage is a criminal offence under the Violence Against Persons (Prohibition) Act, 2015, particularly where consent is absent or forced. Rape of minors or underage persons, even with apparent consent, remains a serious offence, as a child cannot legally give consent under Nigerian law. The law is clear: any sexual activity with someone below the age of consent constitutes statutory rape, which carries severe consequences.
Additionally, child abuse, torture, or inhuman treatment of domestic servants and housemaids; whether through excessive punishment, deprivation of food, or sexual exploitation, is not only immoral but criminal. Such acts violate the Child Rights Act, 2003, and relevant provisions of the Criminal and Penal Codes, attracting penalties including imprisonment.
If the general public is sensitised on their civic responsibilities, they should be wary of the law, and our prisons should be less filled with able-bodied youths who ought to be productive to themselves and their families, rather than wasting away in correctional centres across the country and the world, for want of legal knowledge, of which ignorance is no defence.
Possession of firearms, including dane guns, by unauthorised persons is a serious offence punishable under the Firearms Act. Aiding and abetting a crime is also punishable with the same severity as the principal offender. Furthermore, gay practices and all forms of LGBTQ activity are prohibited in Nigeria and attract a penalty of up to 14 years’ imprisonment under the Same Sex Marriage (Prohibition) Act, 2014.
The fundamental challenge is that many Nigerians are ignorant not just of their rights, but also of their responsibilities under the law. This ignorance breeds impunity and puts even well-meaning individuals at risk of arrest and prosecution.
To correct this, we need a nationwide civic enlightenment drive. Government agencies, civil society, religious organizations, and schools must work collaboratively to educate Nigerians on the laws that govern everyday conduct. Communities should engage legal professionals and public officers to lead sensitisation campaigns. Radio, television, churches, mosques, marketplaces, schools, and even transport parks should serve as platforms for civic education.
In light of the foregoing, lawlessness often stems from ignorance, not rebellion, but the effect is the same. As such, every Nigerian must take responsibility to know and obey the law. And where the law is unknown, it is our collective duty to learn, teach, and uphold it.
Let us not fall victim to the law for want of knowledge. Justice begins with awareness.
*Augustine Ossie Okafor, a legal scholar and advocate for Justice Reform, writes from Awka, Anambra State, Nigeria.*
