AN EXAMINATION OF THE DRAFTING STYLE OF STRICT LIABILITY OFFENCES IN NIGERIA

There is a longstanding societal consensus that there should be no criminal punishment without moral blameworthiness. Nevertheless, a new dimension to the basic principles of criminal responsibility emerged, making it possible for a distinct group of offences to be punishable without regard to any mental element. These are known as strict liability offences. This paper seeks to examine the drafting provisions of Section 11 (1) of the Violence against Persons (Prohibition) Act, 2015, Section 31 of the Child’s Rights Act 2003 and Section 363 of the Criminal Code Act vis-à-vis the parliamentary intention and consequent judicial interpretation. The paper adopts the doctrinal methodology of research as it examines different statutes233 where strict liability offences have been drafted. This paper finds that the principles governing the physical and mental element of any crime in Nigeria are strictly statute based, and may be extracted upon a true construction of the words of the law creating the offence. Therefore, this paper recommends that legislative drafters ought to be extremely careful when drafting strict liability offences because a strict or literal rule of interpretation is used as seen in the provisions examined. Where there is ambiguity in the drafting provisions of a law, the courts will always interpret a statute in favor of an accused person.