Not every criminal offence is carried out by a single individual. Sometimes, others provide help or encouragement — knowingly or unknowingly — that makes the crime possible. This episode of Legal Matters shed light on the concept of aiding and abetting under Nigerian law, a doctrine that ensures crime is not rewarded, even indirectly.
⚖️ What Does Aiding and Abetting Mean?
To aid and abet is to knowingly assist, counsel, encourage, or facilitate the commission of a crime. This may include:
Providing tools or resources.
Giving advice or directions on how to commit the act.
Standing by to give moral support or act as a lookout.
📚 Legal Basis
Section 7 of the Criminal Code: Anyone who aids, counsels, or procures the commission of an offence is deemed to have taken part in it.
Penal Code (Northern Nigeria) contains similar provisions, ensuring broad coverage nationwide.
This means aiders and abettors face the same punishment as the person who physically carried out the crime.
⚖️ Case Examples
Oseni v. The State (2012): Reinforced that aiding doesn’t require physical involvement; even encouragement can be enough.
Ibrahim v. State (2016): Confirmed that helping to plan and supply weapons made the accused equally guilty as the main offender.
⚠️ Key Elements for Liability
To establish aiding and abetting, the prosecution must show:
Knowledge: The accused knew the crime was going to be committed.
Intent: The assistance or encouragement was deliberate.
Participation: Some act of support was given, whether physical or moral.
🔍 Why It Matters
Many Nigerians assume that if they didn’t “pull the trigger,” they cannot be held responsible. This is a misconception. Under the law, aiding and abetting makes one just as liable as the principal offender.
✅ Final Takeaway
The episode underscored that a crime does not only belong to the person who executes it. Anyone who knowingly helps or encourages that crime shoulders equal responsibility — and equal punishment.