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African Customary and Religious Law Review (ACARELAR) 5 (2024)
ROLE OF MORALITY IN CRIMINALISATION OF HUMAN ACTS: A COMPARATIVE STUDY OF
NIGERIA, CANADA, AND INDIA*
Abstract
Criminalisation of human conduct remains an intricate procedure that is often controlled by various factors,
including political, moral, economic, social and cultural considerations. Among these, morality which is deeply
embedded in cultural, religious, and societal norms plays a substantial role in determining which actions are
deemed criminal. This paper therefore examined the intricate interplay between morality and the criminalisation
ofhuman acts with afocus on Nigeria, Canada, andIndia. By comparing these jurisdictions, the paper highlighted
the diverse ways in which moral values influence the criminalisation process, examining judicial interpretations,
legal frameworks and practices obtainable in these jurisdictions' criminal justice system and societal attitudes.
By analyzing the similarities and differences in their approaches, this paper underscored the dynamic interface
between morality and law, providing an informed understanding of how different societies navigate the complex
terrain ofcriminalisation.
Keywords: Morality, Criminalisation of Human Acts, Comparative Study, Nigeria, Canada, India.
1. Introduction
Human intellect deems certain acts as morally good and praiseworthy because it recognizes they are aligned with
their true purpose, appropriate for a rational being, and conducive to human perfection. Conversely, it views other
acts as morally bad and deserving of blame because they deviate from their true purpose, are unfit for a rational
being, and degrade rather than enhance human nature.1 The intersection of law and morality has long been a topic
of heated and ongoing debate.2 This stems from the intrinsic link between morality and law in the development of
criminal justice systems. While the primary function of law is to regulate behaviour and maintain social order,
morality often provides the foundational values that inform what is considered acceptable or unacceptable
conduct. This paper explores the role of morality in the criminalisation of human acts in three countries with
distinct legal traditions: Nigeria, Canada, and India. Nigeria, with its pluralistic legal system, reflects a confluence
of indigenous, Islamic, and English common law traditions. Canada, rooted in a common law framework
represents a Western liberal democratic approach. India, with its vast and diverse population, operates under a
legal system influenced by British common law, colonial history, and deep-seated cultural and religious norms.
The research methodology is doctrinal and involves a comparative legal analysis, utilizing both primary and
secondary sources to explore how Nigeria, Canada, and India incorporate moral values into their criminal laws
and the consequent implications for their legal systems.
2. Morality and Criminal Law
The question, 'What is a crime?' has garnered various answers and has evolved over time. A crime is considered
an offence against the state, as well as against individuals, and is a public wrong. Although crimes can be
committed against individuals, they are wrongs that attract state sanctions. Not all wrongs are criminal; what
makes an act or omission a crime is the fact that law designates it as such and imposes penalties on those who
commit it.3 'Although crime is sometimes viewed as the equivalent of antisocial, immoral and sinful behaviour or
as a violation of any important group standard, no act is legally a crime unless prohibited by law'.4 Morality in
turn is concerned with 'conformity with recognized rules of correct conduct', 'the character of being virtuous,
especially in sexual matters'.'
*By Ikenga K E. ORAEGBUNAM, PhD (Law), PhD (Philosophy of Law), PhD (Religion and Society), MEd
(Andragogy), BL, Professor of Law and Applied Jurisprudence, Department of International Law and Jurisprudence, Faculty
of Law, Nnamdi Azikiwe University Awka, Nigeria, Email: ikengaken@gmail.com; ik.oraegbunam@unizik.edu.ng. Tel:
+2348034711211; and
*Nnamdi Chimezie UZOCHUKWU, LLM, LLB, BL, MIAD, PGDMJA, ANIPR, PNM, MNIM, Faculty of Law, Nnamdi
Azikiwe University Awka, Nigeria, Email: Nnamdi.uzochukwu@yahoo.com, Tel: 08033233187
1 00 Ambrose et al, 'The Importance of Morality in Human Action in The Nigerian Contemporary Society' [2021] (3) (4),
Sapientia Foundation Journal of Education, Sciences and Gender Studies, 209.
<https://www.sfjesgs.com/index.php/SFJESGS/article/viewFile/242/246> accessed 10 June 2024.
2 BO Okere, 'The Relationship of Law and Morality: Dichotomy or Complementarity' [2002-2010] (9) Nigerian Juridical
Review, 1 <https://law.unn.edu.ng/wp-content/uploads/sites/12/2016/08/1.-The-Relationship-of-Law-and-Morality-B.O.-
Okere.pdf> accessed 9 June 2024.
3 AE Arimoro, 'Interrogating the Criminalisation of Same-Sex Sexual Activity: A Study of Commonwealth Africa' [2021]
(42), Liverpool Law Rev, 381. <https://link.springer.com/content/pdf/10.1007/s10991-021-09280-5.pdf> accessed 12 June
2024.
4K Spencer & JW Mohr, 'Crime' [2019] para 3. <https://search.proquest.com/docview/2316655701?accountid=14693&rfr_
id=info%3Axri%2Fsid%3Aprimo> cited by AE Arimoro, 381.
BA Garner (ed), Black's Law Dictionary (91 edn, USA: West Publishing Co, 2009) p 1100.
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