Know Your Right: Why the Law Can Still Punish You for Another Person’s Crime
Many people assume that only the person who physically commits a crime can be arrested, prosecuted, or imprisoned.
Under Nigerian law, that assumption is not always correct.
Depending on your role before, during, or after an offence, you may face criminal liability even if you never stole anything, assaulted anyone, or entered the crime scene.
Here is what every Nigerian should know.
1. When You Plan or Encourage the Crime
If you advise, encourage, persuade, or help another person plan a criminal act, the law may treat you as though you committed the offence yourself.
What the law says:
Section 7(d) of the Criminal Code Act provides that any person who “counsels or procures any other person to commit the offence” is deemed to have taken part in committing it.
In simple terms, being the mastermind or encouraging someone to commit a crime can attract the same criminal liability as carrying out the act.
2. When You Help Someone Commit the Crime
You do not have to enter a bank or shop before becoming criminally liable.
If you intentionally:
Drive the getaway vehicle,
Keep watch for the police,
Supply the weapon or equipment,
Open a gate or door for the offender, or
Assist in any way that enables the offence to be committed,
you may be prosecuted as a principal offender.
What the law says:
Sections 7(b) and 7(c) of the Criminal Code Act state that anyone who aids another person in committing an offence, or does or omits an act for the purpose of enabling the offence to be committed, is regarded as having taken part in the offence.
3. When You Help a Criminal Escape Justice
Perhaps you knew nothing about the crime beforehand.
However, if you later discover that a crime has been committed and you deliberately hide the offender, conceal evidence, receive stolen property to protect the offender, or help the person avoid arrest, you may have committed another serious criminal offence.
What the law says:
Section 10 of the Criminal Code Act makes it an offence to become an accessory after the fact by knowingly assisting an offender to escape punishment.
A Practical Example
Imagine your friend robs a business and steals ₦5 million. He later comes to your house, admits what he has done, and asks to transfer the stolen money into your bank account so the police will not find it.
If you knowingly agree to help conceal the proceeds of that crime, you may be prosecuted for your role in assisting the offender, even though you were not present when the robbery occurred.
Constitutional Protection
While the Criminal Code defines criminal responsibility, every person accused of an offence remains protected under Section 36 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).
The Constitution guarantees:
The right to a fair hearing;
The presumption of innocence until proven guilty by a competent court; and
The right to defend oneself according to law.
This means that criminal liability depends on the evidence presented in court. Simply being a friend, relative, or acquaintance of an offender does not automatically make a person guilty.
What the Law Says
Section 7, Criminal Code Act – Defines principal offenders, including persons who aid, counsel, or procure the commission of an offence.
Section 10, Criminal Code Act – Creates liability for accessories after the fact.
Section 36, Constitution of the Federal Republic of Nigeria, 1999 (as amended) – Guarantees the right to a fair hearing and the presumption of innocence.
Key Takeaway
The safest decision is to stay away from any criminal activity, whether before, during, or after it occurs.
Refusing to plan, encourage, assist, or conceal a crime could protect both your freedom and your future.
Disclaimer: This article is published for public legal education only and does not constitute legal advice. If you are involved in a criminal investigation or court proceedings, seek advice from a qualified legal practitioner.
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