UNIT 6

TREASON

Treason is one of the most severe offenses against the state. It involves acts that betray the country and endanger national security. Under Nigerian law, the offense of treason is defined and punished by section 37 of the Criminal Code Act which provides that any person who levies war against Nigeria in order to intimidate or overawe the President or the Governor of a State is guilty of treason and is liable to the punishment of death. See the case of State v. Ezeemo (1980) 1 NCLR 1 where the court highlighted that the prosecution must prove that the accused intended to overthrow the government and the case of Ikomi v. The State (1986) 3 NWLR (Pt. 28) 340 where the Supreme Court reiterated that actual levying of war or armed conflict must be proven to establish treason. The primary elements include the following;

1. Levying war: this is engaging in or supporting armed conflict against Nigeria.
2. Assisting enemies: this is providing aid or comfort to enemies of Nigeria.

SEDITION

Sedition involves actions or words intended to incite rebellion against the authority of the state. It includes speech, writings, or behaviors that stir up discontent or rebellion. See sections 50-52 of the Criminal Code Act which defines seditious intentions, punishes the publication of seditious materials and details the powers to prohibit the importation of seditious publications respectively. See also the case of DPP v. Chike Obi (1961) 1 All NLR 186 which involved a prominent politician who was charged with sedition for publishing a pamphlet against the government and the court emphasized the need for intent to incite public disaffection and the case of Nwankwo v. The State (1983) 1 NCR 366 where the Court of Appeal dealt with the limits of free speech and its distinction from seditious acts. Key elements are the following:

1. Incitement: this is done by encouraging others to revolt against the government.
2. Intent: this is aimed at bringing the government into hatred or contempt.

UNLAWFUL ASSEMBLY

Unlawful assembly occurs when three or more persons gather with the intent to commit a crime or to carry out a common purpose in a manner that causes fear of a breach of peace. See section 69 of the Criminal Code Act which defines unlawful assembly and prescribes penalties for those involved. See also the case of Edo v. Commissioner of Police (1975) 5 ECSLR 228 which examined the criteria for determining what constitutes an unlawful assembly, focusing on the intention and behavior of the assembly and the case of Queen v. Amalgamated Press of Nigeria Ltd. (1961) 1 All NLR 183 which highlighted the importance of the group's intent and the potential for their actions to incite public disorder. The critical elements are the following:

1. Common purpose: this is where the group has a shared intention.
2. Conduct: this is where their actions cause fear of violence or breach of peace.

RIOT

A riot is an aggravated form of unlawful assembly where the gathered persons engage in violent and disorderly conduct. See section 71 of the Criminal Code Act which defines and penalizes riot, specifying harsher penalties than unlawful assembly. See also the case of R v. Onitiri (1946) 12 WACA 58 where the court discussed the transition from an unlawful assembly to a riot, focusing on the escalation to violence and the case of Garba v. The State (1988) 1 NWLR (Pt. 70) 217 which involved a violent protest that was classified as a riot, emphasizing the role of intent and collective action in such offenses. Key elements are the following:

1. Violence: this is the actual use of force or violence.
2. Common purpose: this is where the group has a shared, illegal intention.

AFFRAY

An affray involves a fight between two or more persons in a public place that causes terror to the public. See section 76 of the Criminal Code Act which penalizes affray and outlines the associated punishments. See also the case of Queen v. Eyo (1956) 1 FSC 36 which illustrated the need for the public nature of the fight and the resulting terror among the public and the case of Adebayo v. The State (1973) 9 NSCC 68 which highlighted the requirement that the affray must cause actual fear or disturbance to the public. The crucial elements include the following:

1. Public place: this is where the fight occurs in a location accessible to the public.
2. Terror to public: this is where the conduct instills fear in onlookers.

CONCLUSION

These notes provide a comprehensive overview of each offense, emphasizing the legal definitions, statutory provisions, and relevant Nigerian cases. This structure ensures clarity and accessibility for understanding these legal concepts.