UNIT 5

STEALING

Stealing, as defined under Nigerian law, is addressed in section 383 of the Criminal Code Act. Stealing involves the fraudulent taking of anything capable of being stolen, either from its owner or any other person, without consent and with the intent to permanently deprive the owner of it. See the case of Ogunleye v. State (1999) 5 NWLR (Pt. 604) 548 which elaborated on the requirement of intent to permanently deprive the owner of the property and the case of Adeoye v. State (1999) 6 NWLR (Pt. 607) 467 which emphasized that the property must be capable of being stolen. According to aection 390 of the Criminal Code Act, the punishment for stealing varies but generally involves imprisonment for up to three years, with variations based on the value and nature of the stolen property. The elements of stealing includes the following;

1. Fraudulent taking: this is where the act must involve deceit.
2. Property: this is where the object must be something that can be stolen.
3. Ownership: this is where the item must belong to another person.
4. Lack of consent: this is where the owner or person in possession must not have given consent.
5. Intent to permanently deprive: this is where the intent must be to permanently deprive the owner of the property.

HOUSEBREAKING AND BURGLARY

Housebreaking and burglary are defined under sections 411 and 412 of the Criminal Code Act. Housebreaking involves breaking into a building with the intent to commit a felony. Burglary, on the other hand, involves breaking and entering a dwelling house at night with the intent to commit a felony. See section 413 of the Criminal Code Act which provides that housebreaking is punishable by up to seven years imprisonment, while burglary can attract life imprisonment under section 411. See also the case of State v. Olashehu (1974) 4 ECSLR 105 which highlighted the necessity of proving both breaking and entering and the case of Queen v. Eze (1955) 15 WACA 36 which clarified the distinction between housebreaking and burglary. The elements of housebreaking includes the following;

1. Breaking: this is where there is any form of forcible entry.
2. Building: this is where the structure must be a building.
3. Intent to commit a felony: this is where the entry must be with the intent to commit a felony.

While the elements of burglary includes the following;

1. Breaking and entering: this is where both breaking and entering must occur.
2. Dwelling house: this is where the structure must be a place of residence.
3. Nighttime: this is where the act must occur at night.
4. Intent to commit a felony: this is where the entry must be with the intent to commit a felony.

OBTAINING PROPERTY BY FALSE PRETENCE

See section 419 of the Criminal Code Act which deals with obtaining property by false pretence. It involves acquiring property or inducing someone to deliver property by means of false representation with intent to defraud. Under section 419 of the Criminal Code Act, obtaining property by false pretence is punishable by up to seven years imprisonment. In cases involving an amount above N1,000,000, the penalty can be life imprisonment. See the case of Ike v. State (2012) 5 NWLR (Pt. 1293) 420 which provided clarity on what constitutes false representation and the case of Ogbu v. State (1992) 8 NWLR (Pt. 259) 255 which emphasized the necessity of proving intent to defraud. The elements of obtaining property by false pretence includes the following;

1. False representation: there must be a false statement about a fact.
2. Intention to defraud: this is where the intent must be to deceive and defraud.
3. Acquisition of property: this is where the offender must obtain or induce the delivery of property.

CONCLUSION

These notes outline the fundamental legal concepts related to stealing, housebreaking and burglary, and obtaining property by false pretence within the context of Nigerian law, supported by relevant statutory provisions and case law.