What happens when someone helps a criminal hide or escape justice — even if they didn’t commit the crime? This Legal Matters episode unpacked the legal concept of an accessory after the fact and how Nigerian law punishes those who aid offenders after the crime has occurred.
⚖️ What Is an Accessory After the Fact?
An accessory after the fact is a person who, knowing that a crime has been committed, assists the offender to avoid arrest or punishment. Unlike a principal offender (who participates before or during the crime), an accessory acts after the offence is complete.
📚 Legal Basis
Section 10 of the Criminal Code defines and criminalizes post-crime assistance.
Section 519 provides for up to 2 years’ imprisonment for aiding in a felony.
If the original offence is punishable by death, the accessory could face up to 7 years in prison (Section 518).
Under the Penal Code, similar provisions exist (e.g., Section 167) targeting those who harbour or conceal criminals.
⚠️ Elements Required for Conviction
To convict someone as an accessory after the fact, prosecutors must prove:
A felony was committed.
The accused knew about the offence.
They intentionally assisted the offender to avoid justice.
👨🏽⚖️ Case Example
R v. Aniefiok (1956): The accused helped dispose of a murder victim’s body and was convicted as an accessory.
State v. Salawu (2011): Reinforced the importance of knowledge and intent when assigning criminal responsibility.
🔍 Challenges in Prosecution
It’s often hard to prove that someone knew a crime had occurred.
Family loyalty can lead to shielding offenders, complicating the legal process.
Distinguishing between innocent help and criminal assistance can be nuanced.
✅ Final Takeaways
This episode emphasized that helping a criminal after a crime isn’t just morally wrong — it’s illegal. Public awareness, proper investigation, and training for law enforcement are crucial in addressing this often-overlooked aspect of criminal justice.