Imagine a scenario where some persons unknowingly commit minor traffic violations. They might argue, “I didn’t know it was illegal,” but the law would not accept this as an excuse.

This principle is encapsulated in the Latin maxim “ignorantia juris non excusat,” meaning that ignorance of the law excuses no one.  

This Latin maxim is a cornerstone of legal systems around the world, including Nigeria. As a legal principle, it dates back to Roman law. It means that individuals and even corporations are expected to know the laws governing their actions and cannot escape liability simply by claiming ignorance.

This principle is essential for maintaining order and justice, as it ensures that ignorance cannot be used as a defence for unlawful behaviour. 

In recent times, this principle was vividly illustrated when Nigeria fined Meta $220 million for violating data protection and consumer rights laws.

Meta’s global presence did not exempt it from the obligation to comply with Nigerian law, demonstrating that ignorance, whether by an individual or a multinational corporation, holds no water in the eyes of the law. 

In this article, we will explore the importance of legal awareness for citizens, discuss common areas of law citizens should know, and examine recent cases to understand the real-world application of ignoratia juris non excusat.

We will also delve into the viable exceptions to this principle and subsequently provide feasible steps for increasing legal awareness in our communities.

 

The principle of ignoratia juris non excusat is expressly stated in Section 22 of the Nigerian Criminal Code. It stipulates that, “Ignorance of the law does not afford any excuse for any act or omission which would otherwise constitute an offense unless knowledge of the law by the offender is expressly declared to be an element of the offense.”

This essentially means that naivety about the knowledge of the law does not afford any excuse whatsoever. 

Furthermore, this principle was properly laid in the case of *Okechukwu v. The State* (1988) NWLR (Pt. 76) 255. In this case, the appellant, Okechukwu, was charged and convicted of murder.

The primary issue before the Court was whether the appellant could claim ignorance of the law as a defence. The appellant had argued that he did not know that his actions constituted a crime. The court, however, held that ignorance of the law is not a valid defence.

The principle “ignoratia juris non excusat” was applied, meaning that the appellant's lack of knowledge of the law did not excuse his criminal behaviour. The conviction was upheld, demonstrating that individuals are expected to know the law and cannot avoid criminal responsibility by claiming ignorance.

Consequently, it is crucial to emphasize that for laws to be binding and enforceable among citizens, they must be properly promulgated and made accessible to the public.

This is because a law can only bind if it is reasonably possible for those to whom it applies to acquire knowledge of it in order to observe it.

Without reservations, this requirement will ensure that citizens have the opportunity to be well-informed about the laws that govern their actions.

 

Why Legal Awareness Is Important

Sensitizing oneself with the law affords protection from legal consequences. Knowing the law helps citizens or, by extension, corporations to avoid actions that could lead to legal trouble.

For instance, understanding local traffic laws can prevent costly fines and penalties. Moreover, it empowers citizens to stand up for their rights. Whether it’s challenging unfair treatment at work or defending against unwarranted charges, informed individuals can navigate the legal system more effectively.

In addition, knowledge of the law protects individuals from exploitation. For instance, consumers who understand their rights are less likely to fall victim to fraudulent practices.

 

Common Areas of Law Citizens Should Know

Citizens may, however, be faced with the question, “What are the common areas of law one should know?” It is crucial to note that not all laws can be known.

Even legal practitioners well-seasoned in their various fields of expertise cannot fully attest to knowing all aspects of the law. Lord Denning, an eminent judge, rightly put it, “God forbids the lawyer knows not the law.”

This implies that lawyers are expected to be well-versed and knowledgeable about the law. However, it is impractically impossible for any lawyer to know all areas of the law.

That is why some lawyers specialize in particular areas of law, such as criminal law, civil law, energy law, entertainment law, or family law.

If that is the case, where will the citizens stand? To avoid falling victim to ignorance of the law and its consequences, it is essential for citizens to stay informed and knowledgeable about some common areas of the law.

These include:

Traffic Laws: Basic rules and regulations of the road, such as speed limits and right-of-way rules, are essential for safe driving and to avoid penalties.

Criminal Laws: Awareness of criminal offenses like theft, assault, rape, murder, cyber hacking, slander, sedition, and libel helps deter criminal behavior.

Consumer Protection Laws: Understanding rights related to purchase, contract, and warranties can protect consumers from unfair treatment.

Employment Laws: Knowing employment rights, including wage laws and discrimination protection, ensures fair treatment in the workplace.

Property Laws: Understanding property rights, landlord-tenant laws, and zoning regulations is crucial for homeowners and renters alike.

 

How to Increase Legal Awareness

Having learned the common areas of the law, the intricacies of how to increase one's legal awareness cannot be downplayed. These include:

Education: Education stands out as the best means to acquire and increase one's knowledge of the law. Students, especially law students in tertiary institutions, are lectured on the rudiments and complex aspects of the law and the intricacies surrounding it.

Access to Government Gazette and Legal Resources: Utilizing government gazettes, legal websites, legal aid organizations, and online courses can aid legal orientation.

Staying Informed: Keeping up-to-date with the development of new laws and legal changes through reliable sources is essential.

 

Exceptions to Ignorantia Juris Non Excusat

Although the principle of ignoratia juris non excusat is fundamental in various legal systems around the world, there are exceptions and nuances where ignorance of the law might be considered.

Pursuant to Section 22 of the Nigerian Criminal Code, Section 36(12) of the 1999 Constitution of the Federal Republic of Nigeria stipulates that: “…a person shall not be convicted of a criminal offense unless that offense is defined and the penalty therefor is prescribed in a written law and in this subsection, a written law refers to an Act of the National Assembly or a law of a state, any subsidiary legislation or instrument under the provisions of a law.” 

 

It follows from this authority that before ignorance of the law can be used as a defence, it must pass two tests:

1. Was the law written?

2. Was it made accessible to the public?

 

The rationale behind these questions is that an individual cannot be held to have committed a crime if, prior to that offense, they were ignorant as to whether the law was written.

Once there is a stipulation of a written law, it must be made accessible to all. If the law is not written and subsequently publicized, then and only then can the individual employ ignorance of the law as a valid defense.

However, if these questions are answered in the affirmative, Section 22 of the Nigerian Criminal Code will be enforced.

 

Another fundamental exception is the problem of insanity or mental incapacity. This exception is clearly stated in Section 28 of the Nigerian Criminal Code: “A person is not criminally responsible for an act or omission if at the time of doing the act or making the omission he is in such a state of mental disease or natural mental infirmity as to deprive him of capacity to understand what he is doing, or capacity to control his actions, or capacity to know that he ought not to do the act or make the omission….”

It can be inferred from this authority that individuals who are mentally deranged and incapable of understanding are exempted from the wrath of the law and its penalties.

 

Conclusion

It is now apparent that ignorance of the law holds no water in the eyes of the law, irrespective of one’s social background or position.

Nevertheless, citizens should make a conscious effort to engage themselves with certain areas of the law. This is not only their duty and responsibility but will also increase their legal awareness and orientation, prevent them from falling victim to fraudulent practices, and ultimately make them aware of their rights.

While the law generally holds individuals accountable for knowing the law, there are circumstances where ignorance can be a valid defence. This balance is essential to ensure that justice is fair and adaptable to varying contexts.

As Lord Denning rightly puts it, “legal principles must be flexible to ensure that justice is done in every individual case.” This flexibility allows the legal system to consider unique situations where strict adherence to the maxim might lead to unjust outcomes.

By recognizing and understanding these nuances, we can better appreciate the importance of both legal awareness and the fair application of justice.