The defence of bona fide claim of right in Nigeria

Abstract

The trend of some Nigerian decisions where the defence of honest claim of right is raised is disturbing and shows a lack of proper appreciation of its scope. The defence is contained in section 23 of the Criminal Code which provides as follows: “A person is not criminally responsible, as for an offence relating to property, for an act done or omitted to be done by him with respect to any property in the exercise of an honest claim of right and without intention to defraud†. This defence applies to all offences relating to property: stealing, robbery, demanding property with menaces, malicious damage to property etc. But it features more in theft offences than in other offences relating to property.