By Taiwo Onifade
INTRODUCTION
Combating the menace of robbery and armed robbery is the responsibility of the government, non-governmental organizations, religious groups, law enforcement agencies, families, courts, educational institutions and the entire society. Before going further, we will briefly define the *term “armed robbery and robbery”.
The term ‘armed’ involves the possession of a gun or other weapons such as a knife or club, which can do bodily harm, while robbery involves the forceful taking of property, which belongs to another.
Below is a critical examination of the offence of armed robbery and robbery under the Nigerian and Ghanaian laws.
1. EXAMINATION OF THE OFFENCES OF ROBBERY AND ARMED ROBBERY UNDER NIGERIAN LAW:
Prior to the advent of military rule in Nigeria, the substantive laws dealing with crimes in Nigeria were the Criminal Code and Penal Code, with the former being applicable to the southern part of the country while the latter is applicable to the northern part of the country. All acts constituting crimes are created and defined by these laws, which also stipulate appropriate punishments for each offence under the laws. The offences of robbery and armed robbery, which necessarily involves either theft or extortion are codified under sections 401 and 296 of the Criminal and Penal Codes respectively.
However, sequel to the Nigerian Civil War, which ended in 1970, the country was gripped by a spate of armed robberies. Consequently, the Federal Military Government promulgated the Robbery and Firearms Decree to deal with the problem.
Having gone through a series of amendments, the Robbery and Firearms (Special Provisions) Decree (The Act) was promulgated in 1984. A prominent provision of the Decree is the introduction of the death penalty for cases of armed robbery while the punishment for robbery is now imprisonment for a term of not less than 21 years. Offences under the Act were previously tried by special tribunals under the military era, but are now within the jurisdiction of the High Courts of the various states and the Federal Capital Territory.
Section 401 of the Criminal Code, provides that:
Any person who steals anything, and, at or immediately before or immediately after the time of stealing, uses or threatens to use actual violence to any person or property in order to obtain or retain the thing stolen or to prevent or overcome resistance to its being stolen or retained, is said to be guilty of robbery.
The Penal Code provides that in all cases of robbery “there is either theft or extortion.” It provides that:
Theft is robbery if, in order to commit the theft or in committing the theft or in carrying away or attempting to carry away property obtained by theft, the offender for that end voluntarily causes or attempts to cause to any person, death or hurt or wrongful restraint or fear of instant death or of instant hurt or instant wrongful restraint.
It goes further to stipulate that:
Extortion is robbery, if the offender at the time of committing the extortion is in the presence of the person; put in fear and commits the extortion by putting that person in fear of instant death, of instant hurt or of wrongful restraint to that person or to some other person and by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.
The act of robbery involves the forceful taking of property, which belongs to another. According to the Act, robbery means:
stealing anything and, at or immediately before or after the time of stealing it, using or threatening to use actual violence to any person or property in order to obtain or retain the thing stolen or to prevent or overcome resistance to its being stolen or retained.
The Act stipulates that the offence of attempted robbery is committed if the offender while intending to steal anything, assaults any other person and uses or threatens to use actual violence to any other person or any property in order to obtain the thing intended to be stolen. It is important to note that in a case of attempted robbery the alleged attempt must be connected with the commission of the offence. In Ozigbo v COP, the Supreme Court held that the act must be immediately connected with the commission of the particular offence charged and must be something more than the mere preparation for the commission of the offence.
The Act further provides that the offence of armed robbery is committed if a person who commits the offence of robbery is armed with a weapon at the time of committing the offence. Section 1 (2) of the Act provides that:
(a) if the offender mentioned in subsection (1) of this section is armed with any firearm or any offensive weapon or is in company with any person so armed; or
(b) at or immediately before or immediately after the time of the robbery, the said offender wounds or uses any personal violence to any person, the offender shall be liable upon conviction under this Act to be sentenced to death.
To proof of robbery and armed robbery under Nigerian law, the following ingredients of the offences of robbery and armed robbery under Nigerian law were enunciated by the Supreme Court in the case of Ilodibe Uche v The State as follows:
i. That there was a robbery;
ii. That the robbers were armed (in the case of armed robbery); and
iii. That the accused persons were the ones who committed the robbery.
The standard of proof required in proving the offences of robbery and armed robbery under Nigerian law, as with other crimes, is proof beyond reasonable doubt, as per section 135 (1) of the Evidence Act, 2011.
The punishment for robbery and armed robbery as stipulated under the Act that commission of the offence of robbery without the use of arms, makes the offender liable to imprisonment for a period of not less than 21 years. Armed robbery is punishable by death by hanging or by firing squad.
2. EXAMINATION OF THE OFFENCES OF ROBBERY AND ARMED ROBBERY UNDER THE GHANAIAN LAWS
In Ghana criminal procedure, robbery is committed when someone uses violence or the threat of violence to take property from another person. Section 149 of the Ghana Criminal Code states that “whoever commits robbery is guilty of an offence and shall be liable upon conviction on trial summarily or on indictment to imprisonment for a term not less than ten years, and where the offence is committed by the use of an offensive weapon or offensive missile, the offender shall upon conviction, be liable to imprisonment for a term of not less than fifteen years.
Armed robbery is the same as robbery, with the added factor of the accused being armed with a weapon such as firearm, or other weapon to gain control of the property from a person or place. The Ghanaian Criminal Code did not use the word ‘Armed robbery’ but it can be inferred from section 149 of the Act that while robbery attracts a punishment of not less than 10 years, in the case of robbery that is committed by the use of an offensive weapon or offensive missile, the offender shall upon conviction, be liable to an imprisonment not less than 15 years.
The distinction between robbery and armed robbery was analysed in the case of Amaniapong v Republic, where it was held that robbery is a felony and where harm is caused, and the minimum sentence imposed by the law is fifteen years.
The essential ingredients required in proof of the offences of robbery and armed robbery under Ghanaian law are:
i. That there was an act of stealing,
ii. That the stealing was facilitated by the use of force, threat or criminal assault or harm to the victim.
The standard of proof under the Ghanaian law is proof beyond reasonable doubt. The burden of proving the two offences rests on the prosecution.
The Criminal and other Offences Act of 1960 prescribes the punishment of imprisonment in both cases of robbery and armed robbery under the Ghanaian law. In the case of robbery, the Act prescribes the punishment of imprisonment for period of not less than 10 years, while in the case of armed robbery, it is imprisonment for a period of not less than 15 years.
The Act does not stipulate the maximum term of imprisonment for both offences, hence it is left to the discretion of the court to appropriate sentence to be handed out to anyone found guilty based on the established facts and circumstances of each case.
COMPARATIVE ANALYSIS OF THE OFFENCE OF ROBBERY AND ARMED ROBBERY UNDER GHANAIAN, NIGERIAN AND ISLAMIC LAWS.
The two legal systems examined above all criminalize the acts of robbery and armed robbery. The major similarities and dissimilarities between the two legal systems in respect of the offences will be discussed briefly.
In the case of robbery, both Nigerian and Ghanaian laws impose a penalty of imprisonment where the offender is found guilty.
In terms of punishment, Nigerian law imposes a punishment of imprisonment for a period of not less than 21 years for the offence of robbery, while Ghanaian law imposes imprisonment for a term of not less than 10 years.
Nigerian law prescribes death penalty for the offence of armed robbery while Ghanaian law prescribes imprisonment for a term of not less than 15 years. Whereas Nigerian law has no minimum term of imprisonment for armed robbery, Ghanaian law prescribed a period of not less than 15 years.
Under both Nigerian and Ghanaian laws, the offences of robbery and armed robbery are required to be proved by proof beyond reasonable doubt. This burden rests on the prosecution.
RECCOMENDATIONS/CONCLUSION
It is a known fact that robbery and armed robbery fester in socially and physically disorganized neighbourhoods, they are usually crime-breeding grounds and crime-prone; and therefore, susceptible to armed robbery attacks. Some miscreants who live in these places take advantage of both victimogenic and criminogenic characteristics of such surroundings to rob one another.
Vulnerability to armed robbery attacks is even increased because targets in such areas are often not hardened because such areas are usually deteriorated, socially and morally so polluted that offending now seems to be more or less a norm rather than a crime. Thus, to change the narrative, we proposed the following recommendations:
Victims of armed robbery suffer numerous pains ranging from economic, social, psychological/emotional, medical, monetary, to death. Therefore, the state should seek to mitigate the loss suffered by the victims resulting from the actions of armed robbers.
The fear of re-victimization and its associated trauma are serious psychological problems experienced by crime victims and even their relatives, thus, provisions to undertake psychological evaluation should be provided to victims for proper re-integration to the society after passing through such unpleasant ordeal.
Institutions detailed and authorized by the law to assure public safety, victims’ rights, should be adequately empowered and as well act with immediate alacrity when fundamental rights of the people are contravened.
The Nigeria police should avoid selective policing and adjudication and court systems as this, in particular, contribute to the burdens of armed robbery victims.
The risk of armed robbery is enlarged at times by way of life of the youths in the society who sometimes are members of cult group or sub-cultural gangs. Thus, sensitizations against joining such groups leaves the society in peace and tranquillity.
