vol_4_4_chapter_4_part_III

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CHAPTER 4: THE SHARIA PENAL CODES 107. Where several persons are engaged or concerned in the commission of a criminal act each person may be guilty of a different offence or offences by means of that act. 141 CHAPTER V – ABETMENT 108. A person abets the doing of a thing, who: (a) instigates any person to do that thing; or (b) engages with one or more person or persons in any conspiracy for the doing of that thing; or (c) intentionally aids or facilitates by any act or illegal omission the doing of that thing. 142 109. A person abets an offence who abets either the commission of an offence or the commission of an act which would be an offence, if committed with the same intention or knowledge as that of the abettor by a person capable by law of committing an offence. 143 110. Whoever abets any offence shall, if the act abetted is committed in consequence of the abetment and no express provision is made by this law or by any other law for the time being in force for the punishment of such abetment, be punished with the punishment provided for the offence. 144 111. Whoever abets the commission of an offence shall, if the person abetted does the act with a different intention or knowledge from that of the abettor, be punished with the punishment provided for the offence which would have been committed if the act had been done with the intention or knowledge of the abettor and with no other. 112. When an act is abetted and a different act is done and the act done was a probable consequence of the abetment and was committed under the influence of the instigation or in pursuance of the conspiracy or with the aid which constitutes the abetment, the abettor is omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of culpable homicide.” 141 PC has an illustration after this section, omitted in all SPCs and here. 142 PC has an explanation and two illustrations following this section. Only Kano, Katsina and Sokoto include any of this, namely, the two illustrations, as follows: “(a) A is authorised by a warrant from a court of justice to arrest Z. B, knowing that fact and also that C is not Z, wilfully represents to A that C is Z and thereby intentionally causes A to arrest C. Here B abets by instigation the arrest of C. (b) A, a policeman, bound as such to give information of all designs to commit robbery and knowing that Z intends to commit a robbery illegally omits to give information of Z’s intention, knowing that the commission of the robbery is likely to be thereby facilitated. Here A has abetted the robbery.” 143 PC has five explanations and six illustrations following this section. Kano and Katsina include the first two explanations only, as follows: “Explanation 1. The abetment of the illegal omission of an act may amount to an offence although the abettor may not himself be bound to do that act. Explanation 2. To constitute the offence of abetment, it is not necessary that the act abetted should be committed or that the effect requisite to constitute the offence should be caused.” Sokoto includes a different one of the explanations, as follows: “The abetment of an offence being an offence, the abetment of such an abetment is also an offence.” No other SPC includes any of the illustrations or explanations, the rest of which we omit here. 144 PC has an explanation and two illustrations following this section. These are omitted in all SPCs and here. Kaduna changes the provision as follows: “ … if the act abetted is committed in consequence of the abetment be subjected to ta’azir punishment.” 64
CILS HARMONISED SHARIA PENAL CODE ANNOTATED liable for the act done in the same manner and to the same extent as if he had directly abetted it. 145 113. If the act for which the abettor is liable under section 112 is committed in addition to the act abetted and constitutes a distinct offence, the abettor is liable to punishment for each of the offences. 114 When an act is abetted with the intention on the part of the abettor of causing a particular effect and an act for which the abettor is liable in consequence of the abetment causes a different effect from that intended by the abettor, the abettor is liable for the effect caused in the same manner and to the same extent as if he had abetted the act with the intention of causing that effect, provided he knew that the act abetted was likely to cause that effect. 146 115. Whenever any person who if absent would be liable to be punished as an abettor is present when the act or offence for which he would be punishable in consequence of the abetment is committed, he shall be deemed to have committed such act or offence. 147 116. (1) Whoever abets the commission of an offence punishable with death or imprisonment for life shall, if that offence be not committed in consequence of the abetment and no express provision is made by this law or by any other Act or Law for the time being in force for the punishment of such abetment, be punished with imprisonment for a term which may extend to two years and shall also be liable to caning, which may extend to fifty lashes. 148 (2) If the abettor is a public servant whose duty it is to prevent the commission of such offence, he shall be liable to imprisonment for a term which may extend to four years and shall also be liable to caning which may extend to fifty lashes. 149 117. (1) Whoever abets an offence punishable with imprisonment shall, if that offence is not committed in consequence of the abetment and no express provision is made by this law or by any other Act or Law for the time being in force for the punishment of such abetment, be punished with imprisonment for a term which may extend to one fourth part of the longest term provided for that offence or with such fine as is provided for that offence or with both. 150 145 PC has two illustrations following this section, omitted in all SPCs and here. 146 PC has an explanation and an illustration following this section, omitted in all SPCs and here. 147 This section is omitted from Kaduna. 148 PC: up to “seven years and shall also be liable to fine.” Gombe, Jigawa, Kano, Katsina, Sokoto, Yobe and Zamfara have the same provision as here. Bauchi reduces the maximum number of lashes to 40, Kebbi to 15; and Kebbi allows fine in the alternative to imprisonment. Kaduna’s punishment provision is different: “Whoever abets … shall be liable to ta’azir punishment.” 149 PC: up to “ten years and shall also be liable to fine.” The only state with the identical punishment as here is Yobe. Gombe, Jigawa, Kano, Katsina and Zamfara: up to 2 years and 50 lashes. Bauchi: 3 years/40 lashes; Sokoto: 3 years/60 lashes. Kebbi again allows fine in the alternative to imprisonment and up to 15 lashes. Kaduna omits this section entirely. PC also includes an illustration not included in any SPC or here. 150 Kaduna omits this and the next subsection entirely. 65
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