Introduction
For any society to remain orderly, peaceful, and functional, there must be effective mechanisms for regulating human behaviour. Where individuals are left to act solely according to personal desires, social life quickly degenerates into chaos — a condition famously described by Thomas Hobbes as one where life becomes “nasty, brutish and short.”
It is for this reason that every society develops means of social control. In legal terms, social control refers to the methods by which a society regulates the conduct of its members to ensure stability, order, and justice.
Social control may be informal (such as gossip, ridicule, ostracism, and social disapproval) or formal, where regulation is enforced by legally recognized institutions. This article focuses on social control through law, examining the various legal techniques through which the Nigerian legal system regulates conduct.
Meaning of Social Control Through Law
Social control through law refers to the use of legal rules, institutions, and sanctions by the state to regulate behaviour, resolve disputes, prevent anti-social conduct, and promote societal welfare.
According to Farrar and Dugdale, the law employs several distinct techniques to achieve social control. These techniques are not mutually exclusive and often operate together.
Methods of Social Control Through Law
1. The Penal Technique
The Penal Technique is the use of criminal law to regulate conduct by prohibiting certain acts and prescribing punishment for their commission.
Black’s Law Dictionary (9th Edition) defines penal as “relating to punishment, especially for crimes.”
Under this technique:
- Certain behaviours are declared criminal
- Punishments are imposed to deter offenders and protect society
Examples in Nigeria
- Criminal Code Act (Southern Nigeria)
- Penal Code (Northern Nigeria)
- Economic and Financial Crimes Commission (EFCC) Act
For instance:
- Section 315 Criminal Code defines murder and manslaughter as offences
- Section 319 Criminal Code prescribes death penalty for murder
- Section 325 Criminal Code prescribes life imprisonment for manslaughter
Judicial Authority
In Aoko v. Fagbemi (1961) 1 ANLR 400, the court held that adultery was not a crime in Southern Nigeria because it was not contained in any written law, reinforcing the principle of nullum crimen sine lege (no crime without law).
Adultery, however, is criminalised in Northern Nigeria under Section 387 of the Penal Code.
Alternatives to the Penal Technique
- Non-intervention (e.g., adultery in Southern Nigeria)
- Warning or caution (especially for juveniles and first offenders)
- Reciprocity and self-help (strongly discouraged; leads to jungle justice)
- Compounding (settlement out of court)
2. The Grievance Remedial Technique
The Grievance Remedial Technique operates within civil law and is concerned with compensating persons whose rights have been violated.
Professor Summers defines it as a technique that:
“defines remediable grievances, specifies remedies, and provides for enforcement of remedial awards.”
Areas of Application
- Law of Contract
- Law of Torts
- Commercial Law
- Property Law
Common Remedies
- Damages
- Specific performance
- Injunction
- Restitutio in integrum
Acts such as assault, battery, and false imprisonment may give rise to both civil and criminal liability, allowing the aggrieved party to choose between civil action or criminal prosecution.
Alternatives
- Private settlement
- Insurance (e.g., motor accident claims)
- Arbitration
For arbitration in Nigeria, see the Arbitration and Mediation Act 2023
3. The Private Arranging Technique
This technique allows individuals to voluntarily subject themselves to legal rules when arranging private affairs.
The law provides a framework but does not compel participation.
Examples
- Entering contracts
- Making wills
- Creating trusts
- Choosing the form of marriage
Under the Marriage Act, a person who contracts a statutory marriage and later contracts a customary marriage commits an offence.
- Section 47 Marriage Act: Punishment of up to five years imprisonment
Those who choose not to marry under the Act are not bound by its provisions.
4. The Constitutive Technique
The Constitutive Technique involves the creation of legal personality by law. It enables entities to exist independently of their members.
Statutory Authority
- Companies and Allied Matters Act (CAMA) 2020
- Section 37 CAMA: A company becomes a body corporate upon incorporation
Judicial Authority
Salomon v. Salomon & Co Ltd (1897) AC 22
The House of Lords established the principle of separate legal personality, holding that a company is distinct from its shareholders.
This principle allows companies to:
- Own property
- Sue and be sued
- Enjoy perpetual succession
5. The Administrative Regulatory Technique
This technique involves government regulation of private activities through administrative agencies to protect public interest.
Examples of Regulatory Agencies
- NAFDAC – S.1 NAFDAC Act
- Nigerian Communications Commission (NCC)
- Standards Organisation of Nigeria (SON)
Unlike the penal technique, this method focuses on prevention and compliance, not punishment.
6. The Fiscal Technique
This technique uses taxation and fines to influence behaviour.
Examples
- Higher taxes on discouraged goods
- Fines for environmental violations
In 1998, Nigeria increased gas flaring penalties by 1900% to discourage environmental degradation.
Relevant Statutes
- Personal Income Tax Act
- Customs and Excise Management Act
7. The Conferral of Social Benefits Technique
This technique involves the use of law to provide social amenities and welfare services, promoting compliance through positive incentives.
Examples
- Establishment of public universities
- University of Ilorin Act, Section 1
- Provision of healthcare, roads, and education
Constitutional Basis
- Chapter II, 1999 Constitution (as amended) – Fundamental Objectives and Directive Principles of State Policy
Although generally non-justiciable, these provisions guide governance and social policy.
Interrelationship of the Techniques
These techniques often overlap. A single act may attract:
- Criminal punishment (Penal)
- Civil remedies (Grievance Remedial)
- Regulatory sanctions (Administrative)
- Financial penalties (Fiscal)
Conclusion
Social control through law remains indispensable to societal stability in Nigeria. Through the Penal, Grievance Remedial, Private Arranging, Constitutive, Administrative Regulatory, Fiscal, and Conferral of Social Benefits Techniques, the law balances punishment, compensation, regulation, and welfare.
While challenges such as corruption and weak enforcement persist, the effectiveness of these techniques depends on robust institutions, legal awareness, and faithful implementation.