1999 Constitution: The Gulf Between Promise and Practice.
Umar Maradun’s Arrest Certainly, the actions of Umar Maradun fit hand in glove with counselling people to commit murder, which under the Penal Code Act (PCA) applicable in Northern Nigeria, would be the offence of abetment, inter alia, instigating a person, in this case, people, to commit the offence of culpable homicide (murder) – see Sections 83 & 84 of the PCA.
Section 85 of the PCA provides that if the offence is committed consequent upon the abetment, the abettor will be punished with the same punishment prescribed for committing the actual offence – see Sections 220-221 of the PCA.
Section 91 of the PCA also provides that, if the offence abetted isn’t committed, the abettor is still liable to up to seven year’s imprisonment upon conviction.
See Suleiman v State (2022) LPELR-57577 (SC) per Mary Ukaego Peter-Odili, JSC on the ingredients to be proved by the prosecution, to secure a conviction for abetment under Section 85 of the PCA. Maradun’s actions, instigating, inciting, encouraging, promoting and procuring the youths to kill Christians, were direct and explicit enough in the video; there is however, no evidence that the third ingredient – a killing as a consequence of Maradun’s abetment, took place. the Apex Court stated that these ingredients need not be cumulative – see Suleiman v State (Supra). But, my concern is that, politicians whose actions bear a great deal of similarity to that of Maradun, such as Senators Fadahunsi and Omo-Agege, are walking the streets, free as birds!
MSEApp News is publishing an original rewrite of this tip for readers, based on reporting associated with THISDAY.