OFFENCES AGAINST THE STATE AND PUBLIC ORDER: TREASON

TOPIC OF THE DAY

- TREASON

- WHAT CONSTITUTE TREASON

- ELEMENTS REQUIRED FOR PROSECUTION

- TREASONABLE FELONY

- TIME LIMITATION FOR PROSECUTION OF OFFENCES

- EVIDENCE

- THE GENERAL REQUIREMENTS UNDER EVIDENCE

- TYPES OF EVIDENCE

Treason

Treason is defined as an act of betrayal or disloyalty to one's country or sovereign, typically by attempting to overthrow the government or by aiding enemies in a time of war. See section 37 of the Criminal Code Act which states that any person who levies war against the state, conspires with any person either within or without Nigeria to levy war against the state, or does any act preparatory to or in furtherance of any act of war against the state, is guilty of treason while section 38 of the Criminal Code Act provides for the punishment for treason by stating that a person convicted of treason shall be sentenced to death. See the case of Lafenwa v. The State (1953) 2 SCNLR 114 where the court highlights the act of levying war against the state as constitutive of treason and the case of Nigerian Army v. S.C. Esheza (2008) 10 NWLR (Pt. 1094) 52 where the court discusses the implications of treason and the severity of the offense.

What Constitutes Treason

1. Levying War: Participating in or inciting rebellion or armed resistance against the government.

2. Adhering to Enemies: Providing aid and comfort to enemies of the state during wartime.

3. Conspiring to Overthrow the Government: Engaging in plans or actions intended to overthrow the government.

Elements Required for Prosecution

1. Intent: The accused must have the intention to betray or harm the state.

2. Overt Act: There must be an overt act of levying war or providing aid to enemies.

3. Two Witnesses: Conviction for treason generally requires the testimony of two witnesses to the overt act, See section 39 of the Criminal Code Act.

Treasonable Felony

Treasonable felony refers to a lesser crime than treason but still involves acts intended to undermine or harm the state. See section 41 of the Criminal Code Act which defines treasonable felony as the intention to depose the President or Governor of a State by unlawful means or to levy war against Nigeria or instigate any foreigner to invade Nigeria. The punishment for treasonable felony under Section 41 is life imprisonment. See the case of Ojukwu v. The State (1989) 1 NWLR (Pt. 95) 43 where the court deals with the concept of treasonable felony and outlines the criteria for such an offense and also the case of Adeosun v. The State (2011) 12 NWLR (Pt. 1261) 133 where the court examines the intent and actions constituting a treasonable felony.

Time Limitation for Prosecution of Offences

In Nigeria, the statute of limitations for prosecuting criminal offenses varies based on the nature and severity of the crime.

1. The Criminal Code Act: For most criminal offenses, there is no time limitation for prosecution. Serious crimes such as murder, treason, and treasonable felony can be prosecuted at any time.

2. Limitation Act (Cap 522, Laws of the Federation of Nigeria 1990): This act provides specific time frames for certain offenses, but these do not apply to capital offenses like treason.

Evidence

Compelling and reliable evidence is needed for conviction of treason. See the cases of Kalu v. The State (1988) 4 NWLR (Pt. 90) 503 where the court discusses the importance of evidence in securing a conviction for treason and the case of Ani v. The State (2002) 10 NWLR (Pt. 775) 1 where the court highlights the need for compelling and reliable evidence in treason cases.

The General Requirements under Evidence

1. Proof Beyond Reasonable Doubt: In criminal cases, including treason, the prosecution must prove the accused’s guilt beyond a reasonable doubt.

2. Two-Witness Rule: For treason, the law requires the testimony of two witnesses to the same overt act of treason, as stipulated in Section 39 of the Criminal Code Act.

Types of Evidence

1. Direct Evidence: Testimony from witnesses who directly observed the acts constituting treason.

2. Circumstantial Evidence: Indirect evidence that suggests the accused committed treason.

3. Documentary Evidence: Written documents or records that support the prosecution’s case.

4. Expert Evidence: Testimony from experts in relevant fields that can provide specialized knowledge.