Generally, there is no time limit within which to commence criminal proceedings against an alleged offender. In other words, criminal proceedings may be commenced at any time after commission of the offence. There are however, certain exceptions to this general rule. They are:
- Treasons and treasonable felonies
No one can be tried for this offence unless the prosecution is commenced within two years after the offence is committed.[1]
- Seditions
No prosecution of seditious offence (under Criminal Code 51) shall be begun except within six months after the offence is committed.
- Customs Offences
No proceedings shall be instituted except within seven years of the date of the commission of the offence.[2]
- Carnal knowledge
Prosecution of a defendant charged with having or attempting to commit unlawful carnal knowledge of a girl under the age of eleven years must be begun within two months after the offence is committed.[3]
[1]Criminal Code, s 43.
[2]Customs and Excise Management Act (CEMA), s 176(3).
[3]Section 218 of the Criminal Code Cap.48 Vol. II Laws of the Defunct Bendel State 1976; Adonike v State (2015) LPELR-24281(SC).