DUTY TO REPORT CRIME

I remember the first time i came across the Economic  and Financial Crimes commission billboard that says 'your husband is a thief report him'  the first thing that came to my mind was came to my mind was 'na you go dey feed me' forgetting that i am not just a lawyer but also have a civic responsility to report all crimes commited in my presence or i reasonably suspect.

It is the contitutional right vested on all citizens by virtue of section 24 of chapter Two 1999 Constitution federal Republic of Nigeria that it shall be the duty of every citizen to render assistance to appropriate lawful agencies to maintain law and order.

what this section of the constitution is saying that the power to report crimes is vested on us and we are expected to carry out this constitutional duty without fair or favor and irrespective of our relationship with the perpetrator of crime.

Section 12 of the Criminal Procedure Act provide that a private  person can effect an arrest without warrant where any one commit an indictable offence in your presence or misdeamor at night.

Also in Nweke V. The state The Supreme court approve the authority of a private person to arrest without warrant where an indictable offence is committed in his presence.

The general rule is that husband and wife are one in law but by virtue of section 159 of the  Evidence Act ,in criminal cases the accused person ,and his or her wife ,and any person jointly charged with him and tried at the same time is competent to testify.

All persons shall be competent to testify unless the court consider that they are prevented from understanding the question put to them by reason of extreme old age,unsound mind,disease of the mind,young age but where none is present then such person shall be compelled to testify.

What this section of the evidence act is saying is that where we fail to eercise the constitutional right vested on us,we can be called upon to do so and where one misrepresent the fact in which one have knowledge of , it becomes contempt which is punishable with imprisonment.

Section 161of the Evidence Act states that where husband or wife of an offender who is guilty of indecent practices between male,defilement of a girl under the age of Thirteen years,allowing a person under the age of Sixteen in a brothel,endangering the life of apprentices or servants,Abduction,Bigamyshallbe  competent  and  compellable  to  give  evidence  even  though  he  /she  does  not  intend  to  do  so.

From  the  foregoing  we  have  seen  even  when  we  refuse  to  exercise  our  constitutional  rights  we  can  be  compelled   to  do  so  and  failure  to  do  so  or  where  we  misrepresent  fact  in  court  it  will  amount  to  contempt  which  is  an  offence  punishable  with  imprisonment.

Let  us  do  our  best  to  educate  people  around  us  on  the  need  to  stay  clear  crime.

Law  is  like  a  worthless  piece  of  paperthat  will  not  come  looking  for  anyone  but  man  will  go  about  looking  for.

A  crime  free  society  is  achieveable,it  starts  with  you  and i.

Thank  you.

Oyenike  Alliyu-Adebiyi  LLB(hons)  BL