Duress - national proceedings

Nigeria

Criminal Code Act - Chapter 77 1916 (1990)

Part 1
Introductory
Interpretation: Application: General Principles

Chapter 5
Criminal Responsibility

26. Subject to the express provisions of this code relating to acts done upon compulsion or provocation or in self-defence, a person is not criminally responsible for an act done or omission made under such circumstances of sudden or extraordinary emergency that an ordinary person possessing ordinary power of self-control could not reasonably be expected to act otherwise.

Part 1
Introductory
Interpretation: Application: General Principles

Chapter 5
Criminal Responsibility

32. A person is not criminally responsible for an act or omission if he does or omits to do the act under any of the following circumstances -

(3) when the act is reasonably necessary in order to resist actual and unlawful violence threatened to him, or to another person in his presence ;

Rome Statute

Article 31 Grounds for excluding criminal responsibility

1. In addition to other grounds for excluding criminal responsibility provided for in this Statute, a person shall not be criminally responsible if, at the time of that person's conduct:

(d) The conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person, and the person acts necessarily and reasonably to avoid this threat, provided that the person does not intend to cause a greater harm than the one sought to be avoided. Such a threat may either be:

(i) Made by other persons; or

(ii) Constituted by other circumstances beyond that person's control.