E. Monjok Agom
INTRODUCTION
The defence of immaturity is a legal concept that has sparked intense debate and discussion in recent times. The case of Ella, a young girl of six years, who shot and killed a police officer in the United States of America, has brought the defence of immaturity into sharp focus. This article explores the defence of immaturity under Nigerian law, examining the provisions of both the Criminal Code and the Penal Code.
THE DEFENCE OF IMMATURITY: A GENERAL OVERVIEW
The defence of immaturity is based on the premise that children lack the mental capacity to form the necessary intent to commit a crime. This defence is rooted in the idea that children are still developing physically, emotionally, and cognitively, and therefore cannot be held to the same standards of responsibility as adults.
CRIMINAL CODE PROVISIONS
Under the Criminal Code, which applies to the Southern states of Nigeria, the defence of immaturity is provided for in Section 30. This section states:
“Nothing is an offence which is done by a child under the age of seven years.”
This provision establishes a clear rule that children under the age of seven years are incapable of committing a crime.
PENAL CODE PROVISIONS
Under the Penal Code, which applies to the Northern states of Nigeria, the defence of immaturity is provided for in Section 50. This section states:
“Nothing is an offence which is done by a child under the age of seven years.”
This provision is identical to the one in the Criminal Code, establishing a uniform rule across Nigeria that children under the age of seven years are incapable of committing a crime.
IMPLICATIONS OF THE DEFENCE
The defence of immaturity has significant implications for the prosecution of children and young persons in Nigeria. If a child is under the age of seven years, they cannot be held criminally liable for their actions, regardless of how serious the offence may be.
CASE LAW ANALYSIS
While there is no direct Nigerian case law (to my knowledge) on the defence of immaturity, the case of Ella in the United States of America provides a useful illustration of the complexities surrounding this defence. In this case, Ella, a young girl, shot and killed a police officer who had pinned her mother to the ground in a bid to effect arrest of what turned out to be an erroneous allegation of theft. The case raised questions about the defence of immaturity and whether Ella could be held criminally liable for her actions. Thankfully, she was exonerated!
LIMITATIONS OF THE DEFENCE
While the defence of immaturity provides a safeguard for children, it is not without its limitations. For instance, the defence only applies to children under the age of seven years. Children above this age may be held criminally liable for their actions, depending on the circumstances of the case.
INTERNATIONAL PERSPECTIVES
The defence of immaturity is not unique to Nigeria. Many jurisdictions around the world recognize the defence, although the age limit may vary. For instance, in the United Kingdom, the age of criminal responsibility is ten years, while in Australia, it is ten years for Commonwealth offences and seven years for state offences.
CONCLUSION
In conclusion, the defence of immaturity is an important safeguard for children in the eyes of the law. Under both the Criminal Code and the Penal Code, children under the age of seven years are incapable of committing a crime, and the defence of immaturity provides a complete defence to any charge. As the case of Ella illustrates, the defence of immaturity can have significant implications for the prosecution of children and young persons, and it is essential to consider the complexities surrounding this defence.
E. Monjok Agom
3rd March, 2025
