OFFENCES OF CORRUPTION: CORRUPTION RELATING TO ADMINISTRATION OF JUSTICE

TOPIC OF THE DAY

- PERJURY

- FABRICATING EVIDENCE

- CORRUPTION OF WITNESS

- PERVERTING THE COURSE OF JUSTICE

- COMPOUNDING FELONIES AND PENAL ACTIONS

Perjury

Perjury is the act of deliberately making false statements under oath in a judicial proceeding. It is considered a serious offense as it undermines the integrity of the judicial system. See Chapter 12, Section 117 of the Criminal Code Act which provides the definition and punishment for perjury that any person who commits perjury is liable to imprisonment for fourteen years. See the case of R v. Ikwuka (1951) 20 NLR 77 where the court emphasizes that for a statement to be considered perjury, it must be both false and material to the proceeding and the case of Aguda v. Republic (1962) LLR 20 where the court held that the defendant was guilty of perjury for giving false testimony during a trial.

Fabricating Evidence

Fabricating evidence involves creating or altering documents, objects, or any form of evidence with the intent to deceive the court or alter the outcome of a legal proceeding. See section 120 of the Criminal Code Act which addresses the offense of fabricating evidence, stipulating that any person who fabricates evidence with intent to mislead any tribunal is liable to imprisonment for seven years. See the case of The State v. Ukpong (1977) 3 SC 45 where the accused was convicted for fabricating evidence to mislead the court in a murder trial and the case of R v. Abodurin (1959) 4 FSC 70 where the defendant was found guilty of fabricating evidence by planting false documents to influence a court decision.

Corruption of Witness

Corruption of a witness occurs when someone attempts to influence a witness through bribery, threats, or any other means to alter their testimony or to dissuade them from testifying. See section 126 of the Criminal Code Act which makes it an offense to corrupt or attempt to corrupt a witness, with the punishment being imprisonment for seven years. See the case of R v. Ajayi (1963) 1 All NLR 135 where the court found the defendant guilty of offering a bribe to a witness to change their testimony and the case of The Queen v. Amachree (1958) 3 FSC 29 where the accused was convicted for threatening a witness to prevent them from testifying.

Perverting the Course of Justice

Perverting the course of justice involves any action that can interfere with the administration of justice, including destroying evidence, intimidating witnesses, or providing false information to law enforcement. See section 97 of the Criminal Code Act which addresses actions that pervert the course of justice, with the punishment being imprisonment for seven years. See the case of State v. Ibenyenwa (1963) NNLR 7 where the defendant was convicted for attempting to destroy evidence that was crucial to an ongoing investigation and the case of R v. Okafor (1962) 1 All NLR 135 where the court found the defendant guilty of giving false information to the police to mislead an investigation.

Compounding Felonies

Compounding a felony occurs when a person agrees not to prosecute or report a felony in exchange for money or any form of consideration. See section 127 of the Criminal Code Act which deals with compounding felonies, stating that any person who asks for, receives, or agrees to receive any property or benefit for concealing a felony is liable to imprisonment for three years. See the case of R v. Udofia (1958) 3 FSC 29 where the defendant was found guilty of accepting money to conceal a theft and the case of R v. Iyere (1961) 1 All NLR 198 where the court convicted the accused for agreeing to receive property in exchange for not reporting a burglary.

Compounding Penal Actions

Compounding penal actions involves the agreement to forgo a prosecution for a lesser, non-felony offense in exchange for money or any form of benefit. See section 128 of the Criminal Code Act which addresses compounding penal actions, providing that any person who compounds a penal action in consideration of receiving property or benefit is liable to imprisonment for one year. See the case of R v. Dabo (1960) NNLR 97 where the accused was convicted for agreeing not to prosecute a case of assault in exchange for monetary compensation and the case of The State v. Okafo (1965) 1 All NLR 198 where the court held the defendant guilty of accepting a benefit to conceal a case of public nuisance.