AN INSIGHT ON CRIMINAL RESPONSIBILITY IN YORUBA JURISPRUDENCE
DOI:
https://doi.org/10.53704/d1775f41Abstract
Legal principles and doctrines are lubricants in the wheels of justice administration across legal cultures. Contrary to belief and attitude of many, who hold that law and jurisprudence do not exist in Africa, dispute adjudication and criminal trial in Africa and Yoruba Jurisprudence in particular are driven by relevant doctrines and principles that underlay our judicial process. The main thrust of this work is an examination of the principle of criminal responsibility in Yoruba Jurisprudence, with particular focus on the doctrine of mens rea as a major determinant of criminal liability. Through an excursion into Yoruba legal history and exploration of her Jurisprudence, likely defences to criminal responsibility were discussed in juxtaposition with the doctrine of mens rea in English Law as practised in Nigeria. On the whole, it was found that man, wherever he is and whatever his race, reacts the same way to similar circumstances. Hence, approach to criminal responsibility is the same in many legal systems. The paper adopts qualitative methodology involving doctrinal approach to the investigation and analysis of both primary and secondary sources of relevant materials. The paper recommends that African legal culture should be promoted by African scholars across African universities.
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