The trend of some Nigerian decisions where the defence of honest claim of right is raised is disturbing and shows a lack of proper appreciation of its scope. The defence is contained in section 23 of the Criminal Code which provides as follows:

“A person is not criminally responsible, as for an offence relating to property, for an act done or omitted to be done by him with respect to any property in the exercise of an honest claim of right and without intention to defraud”.

This defence applies to all offences relating to property: stealing, robbery, demanding property with menaces, malicious damage to property etc. But it features more in theft offences than in other offences relating to property.

When Lord Denning made his Report on Legal Education in Africa in 1961,2 there were very few African lawyers in Kenya, Tanganyika and Uganda.3 During the 1960's the number of African lawyers in these countries rapidly increased. The public sector has been largely Africanized, but the private sector of the profession remains predominantly non-African.4 The 1970's will see an even more rapid increase in the number of African lawyers.5 This increase and the departure of numerous non-African lawyers,6 will bring about almost complete Africanization of the profession by 1980.7