Abstract
The Miscellaneous Offences Act (MOA) is a Nigerian statutory framework for varying offences enacted
by the Federal Military Government as Decree No. 20 of 1984 and retrospectively commenced on
December 31, 1983. This paper examines the true test of validity of MOA. With the aid of constitutional
provisions and case laws, the work appraises the applicability of the MOA in Nigeria in the two folds of
non-modification by the President of the Federal Republic of Nigeria and the retrospective criminal status
of the MOA. The research reveals that the MOA is in direct conflict with constitutional provisions
prohibiting retrospective criminal legislations. The research concludes that for all intents and purposes,
the MOA remains invalid and inapplicable in Nigeria until the criminal statute is modified as
contemplated by the present constitutional regime. The research proffers step by step recommendations to
bring the MOA in conformity with our legislative and constitutional frameworks.
Keywords: Retroactive criminal legislations, offences, Decrees, Miscellaneous Offences Act, existing
legislation, appropriate authority, and Nigerian legal system.
by the Federal Military Government as Decree No. 20 of 1984 and retrospectively commenced on
December 31, 1983. This paper examines the true test of validity of MOA. With the aid of constitutional
provisions and case laws, the work appraises the applicability of the MOA in Nigeria in the two folds of
non-modification by the President of the Federal Republic of Nigeria and the retrospective criminal status
of the MOA. The research reveals that the MOA is in direct conflict with constitutional provisions
prohibiting retrospective criminal legislations. The research concludes that for all intents and purposes,
the MOA remains invalid and inapplicable in Nigeria until the criminal statute is modified as
contemplated by the present constitutional regime. The research proffers step by step recommendations to
bring the MOA in conformity with our legislative and constitutional frameworks.
Keywords: Retroactive criminal legislations, offences, Decrees, Miscellaneous Offences Act, existing
legislation, appropriate authority, and Nigerian legal system.
| Original language | English |
|---|---|
| Pages (from-to) | 27-41 |
| Number of pages | 15 |
| Journal | International Journal of Innovative Legal and Political Studies |
| Volume | 9 |
| Issue number | 3 |
| Publication status | Published - 1 Jun 2022 |
| Externally published | Yes |