Assault in Nigeria is a serious legal issue that impacts many people. Every day, countless individuals in Nigeria face the brutal reality of assaults, a scourge that threatens the very fabric of society.
However, Understanding the laws on assault is crucial to ensure justice and protect the rights of victims.
According to Section 253 of the Criminal Code Act, Assault is unlawful and constitutes an offence unless it is authorised, justified, or excused by law.
Furthermore, “The application of force by one person to the person of another may be unlawful, although it is done with the consent of that other person.”
On December 18, 2024, a Bayelsa High Court convicted Prudent Oguruguru for assaulting Ubong Effiong Ubek. He was sentenced to three years in prison for conspiracy to commit assault and assault occasioning harm.
The Nigerian Criminal Code outlines different types of assault, legal defenses, and punishments to protect people from harm and ensure justice.
Legal Definition of Assualt
Section 252 of the Nigerian Criminal Code Act defines assault as striking, touching, or applying force to another person without their consent.
This definition includes both direct and indirect actions and threats or attempts to apply force, provided the assailant has the apparent ability to do so.
Examples of assault in Nigeria include threatening behavior, physical assault, sexual assault, acid attacks, and domestic violence.
Read also: Man remanded in custody for alleged sexual assault on child
Key Elements of Assaults
- Application of Force: Assault involves striking, touching, or applying force to another person directly or indirectly without their consent.
- Consent: The law considers an act as assault if it occurs without valid consent. Consent obtained through fraud also qualifies as non-consent.
- Present Ability: The person making the threat must possess the actual or apparent ability to carry out the act of force.
- Intent: While the law does not explicitly require intent to cause harm for assault, there must be an intention to apply force or create apprehension of such action.
Types of Assault
The Nigerian Criminal Code Act recognizes various types of assault, each defined as follows:
- Common Assault (Section 252): This type involves the unlawful application of force to another person without their consent.
- Assault Occasioning Harm (Section 355): This assault results in actual bodily harm to the victim.
- Serious Assault (Section 356): Serious assault includes attacking another person with the intent to commit a felony, resisting lawful arrest, or obstructing a police officer. It also includes unlawful assault against individuals executing lawful processes related to property or those involved in trade or business conspiracies.
- Indecent Assault (Section 353): This type includes any sexual assault against individuals, encompassing unwanted sexual advances or actions.
- Assault with Intent to Commit Unnatural Offences (Section 352): This refers to assaulting another person to have carnal knowledge against the order of nature.
- Assault on Persons Protecting Wrecks (Section 354): This refers to unlawfully assaulting individuals engaged in protecting shipwrecks or assisting in rescue operations.
Penalties for Assault
- Common Assault (Section 351): This offense is punishable by imprisonment for up to one year. The section states that “Any person who unlawfully assaults another is guilty of a misdemeanor, and is liable, if no greater punishment is provided, to imprisonment for one year”
- Assaults Occasioning Harm (Section 355): This type of assault carries a penalty of imprisonment for up to three years. It states that “Any person who unlawfully assaults another and thereby does him harm, is guilty of a felony and is liable to imprisonment for three years.”
- Serious Assaults (Section 356): Serious assault is punishable by imprisonment for up to seven years.
- Indecent Assault (Section 353): This offense is punishable by imprisonment for up to three years.
- Assault with Intent to Commit Unnatural Offences (Section 352): This type carries a penalty of imprisonment for up to fourteen years.
- Assault on Persons Protecting Wrecks (Section 354): The section states that “Any person who unlawfully assaults and uses actual violence to a peace officer or any other person while acting in the execution of his duty in or concerning the preservation of a vessel in distress, or of any vessel or goods wrecked or stranded or lying underwater, is guilty of a felony and is liable seven years imprisonment”
Conspiracy as an Act of Assault
Conspiracy to commit assault involves an agreement between two or more individuals to engage in conduct that constitutes an assault. All parties must intend to commit the crime, and at least one conspirator must take clear action toward achieving the illegal goal.
In Nigeria, conspiracy to commit assault is governed by specific sections of the Criminal Code Act:
- Section 516: This section states that anyone who conspires with another to commit a felony, including assault, is guilty of a felony and may face imprisonment for up to seven years.
- Section 517: This section addresses conspiracy to commit a misdemeanour, indicating that anyone who conspires to commit an offense that is not a felony is guilty of a misdemeanour and may be punished with imprisonment for up to two years.
Defenses Against Assault
- Self-Defense: Reasonable force, including deadly force, may be used to protect oneself or others from imminent unlawful violence, with the level of force being proportional to the threat. (Section 32(3) Criminal Code Act).
- Defense of Others: Individuals can use reasonable force to protect others from imminent unlawful violence, similar to self-defense, as long as their actions are necessary. (Section 32(3) Criminal Code Act).
- Defense of Property: This defense allows individuals to use reasonable force to protect their property from unlawful interference or theft, requiring that the force used is proportionate to the threat (Section 293 Criminal Code Act).
- Consent: If the alleged victim willingly agreed to the conduct that resulted in the assault, this may serve as a defense. However, consent is invalid in cases involving serious bodily harm (Section 253 Criminal Code Act).
- Mistaken Identity or Lack of Intent: The prosecution must prove intent; a valid defense arises if the accused can show they acted unintentionally or were misidentified. (Section 25, Criminal Code Act).
- Provocation: If the accused was suddenly provoked by the victim and lost self-control during the assault, their liability may be reduced. (Section 284 Criminal Code Act).
- Insanity or Diminished Capacity: If the accused suffered from a mental disorder that impaired their understanding of their actions at the time of the assault, they may be found not criminally responsible (Section 28 Criminal Code Act).
- Duress or Compulsion: This defense applies if the accused was forced to assault due to immediate threats of harm. (Section 55 Criminal Code Act).
- Accident or Misadventure: If the assault occurred accidentally and was not intentional, this can serve as a valid defense (Section 24 Criminal Code Act).
- Age and Capacity: Under Nigerian law (Section 30 Criminal Code Act), children under 12 may not be held criminally responsible for their actions.
