OFFENCES AGAINST THE STATE AND PUBLIC ORDER: UNLAWFUL ASSEMBLY, RIOT AND AFFRAY

TOPIC OF THE DAY

- UNLAWFUL ASSEMBLY

- KEY ELEMENTS OF UNLAWFUL ASSEMBLY

- RIOT

- KEY ELEMENTS OF RIOT

- AFFRAY

- KEY ELEMENTS OF AFFRAY

Unlawful Assembly

An unlawful assembly is defined as a gathering of three or more people with the intent to commit an offense or to carry out a common purpose in such a manner as to cause a breach of the peace. It is considered a precursor to more severe public order offenses like riots and affrays. See sections 69 and 70 of the Criminal Code Act (applicable in the Southern States) and sections 102-103 of the Penal Code Act (applicable in the Northern States). Those found guilty of participating in an unlawful assembly can face imprisonment for up to six months or a fine. See the cases of Chief Eyo v. The State (1968) NMLR 38 where the Supreme Court held that the mere presence of individuals at a place where violence is intended to be committed can amount to an unlawful assembly if there is a common intent to execute an unlawful purpose and the case of Commissioner of Police v. Amadu Tijani (1931) 10 NLR 40 where the court clarified that an assembly is unlawful if it causes fear to the public even if no physical act of violence is committed.

Key Elements of Unlawful Assembly

1. Number of Persons: There must be at least three persons assembled.

2. Common Purpose: The persons must share a common purpose.

3. Intent: The purpose of the assembly must be unlawful, meaning it intends to commit a crime or is likely to cause a breach of the peace.

Riot

A riot is an extension of an unlawful assembly. It involves an assembly of three or more people who, having gathered for an unlawful purpose, then act in a tumultuous and violent manner, creating public terror and disturbance. See sections 71-73 of the Criminal Code Act and Sections 104-105 of the Penal Code Act. Participants in a riot can be sentenced to up to two years in prison. See the cases of The State v. Olashehu (1985) 2 NWLR (Pt. 5) 79 where the court ruled that for a charge of riot to be sustained, the prosecution must prove that the assembly not only had an unlawful purpose but also acted in a violent and tumultuous manner and the case of Queen v. Nwafor Orizu (1959) 4 FSC 234 where the court highlighted that even if the initial assembly was lawful, it could transform into a riot if the participants later engage in violent actions.

Key Elements of Riot

1. Continuity from Unlawful Assembly: It starts as an unlawful assembly.

2. Violent Conduct: The group engages in violence.

3. Public Terror: Their actions cause fear among the public.

Relevant Cases:

Affray

Affray is a public order offense that occurs when two or more persons fight in a public place, thereby disturbing the peace. See section 76 of the Criminal Code Act and Section 113 of the Penal Code Act. Those found guilty of affray may be sentenced to one year in prison. See the cases of R v. Akinpelu (1938) 4 WACA 62 where the court established that for an act to qualify as an affray, it must involve a mutual fight in a public place, which alarms the public and the case of R v. Awosika (1948) 12 WACA 45 where the court reinforced the need for the fight to be public and capable of causing a disturbance to the public peace for it to be considered an affray.

Key Elements of Affray

1. Number of Persons: At least two people must be involved.

2. Public Place: The fight must occur in a public place.

3. Disturbance of Peace: The fight must be such that it causes a disturbance to the public peace.