Does Limitation Law Apply To Criminal Matters In Nigeria By Timothy Olamide

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INTRODUCTION

 

The right to institute an action in court does not last forever, most especially in civil matters. Matters must be brought before the court within a given period of time as prescribed by the law, or else the right ceased to exist. 

 

However, with criminal cases, it can be reasonably argued that Statue of limitation law does not apply save where the law provides otherwise. Capital offences like murder can be prosecuted anytime notwithstanding the time the offence was committed. It is reasonably expected that criminal cases are to be prosecuted within a reasonable period of time for obvious reasons that would later be discussed in this article.

 

STATUTE OF LIMITATION

 

Limitation laws by their nature are statutes which prescribe a specified timeline within which an action may be filed. In other words, Limitation laws of various states in Nigeria prescribed a period of time within which a claimant can sue the defendant in court or a time frame within which a person can enforce his right in court. Actions instituted outside the prescribed period becomes statute barred.

 

It was aptly held in the case of Aremo 11 vs. Adekanye (2004) 13 NWLR (Pt891)572 at 592-593 that  a claimant who might otherwise have had a cause of action loses the right to ventilate it by judicial process once the period of the time laid down by the limitation laws for instituting such action has elapsed. The rationale or justification supporting the existence of statutes of limitation includes the following:

a. long dormant claims have more of cruelty than justice in them;

b. a defendant might have lost the evidence to disapprove a stale claim;

c. persons with good causes of action should pursue them with reasonable diligence and

d. to obviate the inconvenience and embarrassment to defendants who may have been led to change their status due to the inordinate delay in filing the action.

 

The above are the reasons and justifications for the claimant to bring its case within a given period of time. For it is a public policy that an unlimited and perpetual threat of litigation leads to disorder, confusion, uncertainty and creates an anxiety, agitation and insecurity.

 

The above was judicially recognized by the Court of Appeal in the case of Wema Bank plc vs. Alhaji Adisatu Owosho (2018) LPELR-43857 (CA)  that ‘legal rights are not perpetual and should not last for eternity for the public good and freedom from perpetual threat and harassment of legal actions’

 

The doctrine that no lapse of time bars the King (nullum tempus occurrit regi)  has prevailed in England to the extent that there are relatively few statutes imposing time limitations on criminal prosecutions in English law. It can be reasonably argued that the Nigerian position is not different from that of the English law.

 

The major crimes that are subject to a limitation in  Nigeria are Treason , Sedition and defilement of girls under thirteen  2, six and two  months years generally within which a prosecution can begin as provided in  sections 43 and 51 of the Criminal Code respectively.

 

Apparently no authoritative discussions exist as to why the use of criminal

Statute of limitations is so restricted in Nigeria.

 

 Conclusion

 

Assuming  but not conceding the fact the that Limitation Statute does not apply to Criminal matters, it has been argued from some quarters that the limitation period starts counting from when the offence was discovered to have been committed and not when the offence was  actually committed.  It is advisable that prosecution of an offence should begin as soon as practicably possible when it is discovered that an offence has been allegedly committed. This would prevent a situation whereby a suspect will escape justice.

        

References

 

Covid 19 and the new normal  A case for freezing of Limitation Laws. Downloaded from Banwo & Ighodalo.

 

30th, April, 2021.

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