DEFENCE OF INTOXICATION IN CRIMINAL TRIAL: OVERVIEW OF NIGERIAN LEGAL SYSTEM AND SOME FOREIGN JURISDICTIONS

OTU,, OTU AKANU (2026) DEFENCE OF INTOXICATION IN CRIMINAL TRIAL: OVERVIEW OF NIGERIAN LEGAL SYSTEM AND SOME FOREIGN JURISDICTIONS. Other thesis, Godfrey Okoye University, Enugu.

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Abstract

If someone commits an offence he should not have committed under normal brain circumstance, the person is regarded not to be in his correct mind set. Such person will normally experience sudden decline in making good judgement probably after taking alcohol or other inhibiting substances. When such person cannot mentally define implications inherent in what he does, the unfortunate conclusion becomes that he is intoxicated. In several legal systems world over, this situation of the mind as explained above affords a restricted or, in certain circumstances, comprehensive protection from being held responsible for criminal act. To enable the defendant comfortably form an excuse of intoxication, the court shall be convinced that during the commission of the offence, he was influenced with alcohol or drug in such magnitude that he is without necessary awareness needed to underscore criminal liability. Following the fore-going therefore, the objective this study undertook was to find out the effectiveness of Nigerian legislations against intoxication related offences, investigate the challenges facing intoxication as a defence in Nigeria criminal trial etc. To succeed in this aim, the study critically deployed statutes and cases as they apply to prosecution process used to address intoxication liabilities. Engaging the doctrinal methodology, this research reviewed extant literatures on intoxication. Among other things, it was found that both the Penal Code and the Criminal Code sections 52 and 29 respectively failed to envisage a circumstance where someone can mistakenly get intoxicated. For instance, getting intoxicated by drinking red wine thinking it is coca cola, etc. It was recommended that both the Penal Code and the Criminal Code sections 52 and 29 respectively need to undergo legislative amendment as to capture condition in which someone mistakenly become intoxicated under misconception of fact etc. Studies were also carried out in some selected foreign jurisdictions in relation to Nigeria, concerning intoxication laws.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law, Arts and Social Sciences > School of Law
Depositing User: COMFORT AJALA
Date Deposited: 24 Jul 2026 11:39
Last Modified: 24 Jul 2026 11:39
URI: http://eprints.gouni.edu.ng/id/eprint/5939

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