DETERMINING THE AGE OF CRIMINAL AND CONTRACTUAL LIABILITY IN NIGERIA

DETERMINING THE AGE OF CRIMINAL AND CONTRACTUAL LIABILITY IN NIGERIA: A POTENTIAL CLASH OF REALITY

Abstract:

This abstract examines the complex and multifaceted issue of determining the age of criminal and contractual liability in Nigeria, shedding light on the potential clash of reality that exists within the legal framework. In Nigeria, the legal system has traditionally employed varying age thresholds for different aspects of liability, particularly in the realms of criminal and contractual law. The age at which an individual can be held criminally responsible differs from the age at which they can enter into legally binding contracts, leading to a critical disjunction in the legal landscape.

This paper delves into the inherent challenges and implications of this disparity, focusing on the conflicting realities faced by young individuals within the Nigerian legal system. The clash of reality arises from the fact that while individuals under a certain age may be considered incapable of understanding the consequences of criminal actions, they may still be permitted to engage in binding contractual agreements. This incongruity creates a legal and moral dilemma, as it raises questions about the capacity of young individuals to make informed decisions in both criminal and civil contexts.

The study explores the historical evolution of age-related legal thresholds in Nigeria and assesses their alignment with international human rights standards and the evolving sociocultural landscape. It analyzes the impact of this incongruence on the rights and responsibilities of minors and the potential for exploitation within contractual relationships. Furthermore, it considers the implications of this disconnect on the administration of justice, rehabilitation, and social reintegration of young offenders.

The abstract concludes by emphasizing the urgent need for legal reform and harmonization of age-related thresholds in Nigeria’s legal system. It calls for a comprehensive review of legislation and policies to ensure coherence and consistency between criminal and contractual liability standards, aligning them with international conventions and safeguarding the rights and well-being of young individuals in Nigeria’s diverse society. Ultimately, this examination underscores the importance of addressing this potential clash of reality to promote a fair and just legal system that is responsive to the needs of its youth population.

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