PARTIES TO AN OFFENCE: ACCOMPLICES

TOPIC OF THE DAY

- ACCOMPLICES

- ACCESSORY AFTER THE FACT

- PERVERTING JUSTICE

- COMPOUNDING FELONY

- NEGLECT TO PREVENT FELONY

Accomplices

Accomplices are individuals who aid, abet, or assist in the commission of a crime, either before or during its perpetration. See section 80 of the Criminal Code Act (CCA) which stipulates that an accomplice is equally liable as a principal. See the case of R v. Udo (1962) 1 All NLR 246, where the court held that mere presence at the scene of a crime does not make one an accomplice unless there is active participation or encouragement.

Accessories After the Fact

Accessories after the fact are individuals who, knowing that a crime has been committed, assist the offender in escaping apprehension, trial, or punishment. See section 514 of the Criminal Code Act (CCA) which deals with accessories after the fact. An example is where X, knowing that Y has committed murder, helps Y flee the country to avoid arrest.

Perverting Justice

Perverting justice involves obstructing, perverting, or defeating the course of justice. See section 126 of the Criminal Code Act (CCA) which outlines offenses related to perverting justice. This can include actions such as tampering with evidence, bribing witnesses, or influencing jurors. See the case of R v. Ode (1976) 5 SC, where the court held that knowingly giving false evidence in court constitutes perverting justice.

Compounding Felony

Compounding felony occurs when a victim of a crime accepts compensation or some benefit in exchange for not pursuing prosecution against the offender. See section 405 of the Criminal Code Act (CCA) which prohibits compounding felony. For instance, if Z offers money to W to drop charges for theft, both Z and W could be charged with compounding felony.

Neglect to Prevent Felony

Individuals who have a legal duty to prevent the commission of a felony but fail to do so can be held liable. See section 54 of the Criminal Code Act (CCA) which imposes liability on those who neglect to prevent felony. An example is where a parent fails to prevent their child from engaging in criminal activities despite being aware of it.