What Constitutes the Offence of Abetment; Requirements for Proof of Same

CASE TITLE: TUKUR v. STATE (2024) LPELR-63061(CA)
JUDGMENT DATE: 2ND DECEMBER, 2024
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: ONYEKACHI AJA OTISI, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on offence of abetment.

FACTS:

This appeal was lodged against the judgment of the Katsina State High Court, Coram B.I. Wali, J. delivered on September 22, 2023, in which the Appellant was convicted for the offence of abetment, contrary to Section 47 of the Penal Code Law of Katsina State, 2019.

The Appellant was alleged to have boarded a commercial motorcycle belonging to one Basiru Abubakar and lured him to Yar Haka Village of Batagarawa Local Government, where Isiyaku Alias Maikudi, the spouse of the Appellant, attacked Basiru Abubakar, the victim. While the victim fell unconscious, the Appellant and her husband absconded with his motorcycle. A few days after the incident, the Appellant returned to the same area. People in the area raised an alarm, leading to her arrest. The Appellant denied the allegation.

​The Appellant was charged with the offence of abetment, punishable under Section 47 of the Penal Code Law. Upon conclusion of the hearing of the case, she was convicted of the offence and sentenced to ten years in prison.

Dissatisfied with the decision, the Appellant filed this appeal.

ISSUE(S) FOR DETERMINATION:

The Court considered:

“Whether the case against the Appellant was proved without reasonable doubt.”

DECISION/HELD:

In conclusion, the appeal was allowed.

RATIOS:

• CONSTITUTIONAL LAW- PRESUMPTION OF INNOCENCE: Presumption of innocence of an accused person; duty of prosecution to rebut same
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF ABETMENT: Meaning of abetment; requirements for proof of abetment
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF ROBBERY/ARMED ROBBERY: Whether an accused person aiding and abetting or found in the company of others armed will be guilty of the offence of armed robbery
• CRIMINAL LAW AND PROCEDURE- DOUBT: Effect of doubt in criminal proceedings/whether doubt must be resolved in favour of the accused
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF ABETMENT: The initial element of the offence of abetment
• EVIDENCE- BURDEN OF PROOF/STANDARD OF PROOF: Burden and standard of proof in criminal cases; effect of failure of the prosecution to discharge the burden of proof on it
• EVIDENCE- PROOF BEYOND REASONABLE DOUBT: The requirement of the law as regards proof beyond reasonable doubt
• EVIDENCE- CONFESSIONAL STATEMENT: Meaning of a confessional statement; Conditions to be satisfied before a confession can be used in convicting an accused person
• EVIDENCE- CONFESSIONAL STATEMENT: Distinction between a confessional statement challenged on the ground that the accused did not make the statement and confessional statement challenged on the ground that it is not voluntarily made

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