kel4soft: Please this should be sent to FP to discuss exhaustively. That judge needs a brain surgery.

Actually you are the one that needs a brain surgery to upgrade your knowledge, the Position of the Law is simple!! sofar he was armed and he Robbed the penalty is the same. Weather he stole 2 Kobo or 1 billion dosent matter.
Although i must add that the defense counsel did a Terrible Job

Okija_juju: Alot of people here are really misinterpreting the law or just quoting laws out of their asses..

Now in both cases reported here, no injury was established. Even if the robbers hit their victims in the process of robbing him or her, its still not murder. Now I have seen some people saying that the fact that they had guns makes it a bigger crime.. Thats funny as the law does not consider a gun to be a bigger or deadlier weapon than a stick or a knife. If a boxer goes into a mans house with brass knuckles, beats him up with his hands and robs him, that is still armed robbery. The choice of weapon used in the robbery has no impact on the ca

Now this is a case where nobody was killed or even r|aped. And even if he raped his victims, rape in Nigeria does not even carry the death penalty. Even if he beat her during the robbery, thats ‘aggravated assault’ and even if she was severely injured, thats ‘grievous bodily harm’ and still not a capital offence.

Death Penalties are reserved for cases involving;

1. 1st degree Murder
&
2. Treason
Not even Manslaughter sef carries the death penalty.

This Judge is officially mentally deranged.

1. Armed robbery carries the death penalty in Nigeria. Once a person is armed even if they didn't succeed in robbing the person of N5, they will still be condemned to death. This was during the military era and it is still a law in Nigeria.

2. There were two men that went to rob but the second person was killed in a shoot-out and he was arrested. Do not mind the sensational reporting. The guy deserved his punishment.


I think people should be agitating for harsher punishment for money laundering, public officers who steal our commonwealth etc not siding with a criminal that deserves to die for his crimes.

SLIDE waxie: bros, stop these hypocrisy na
i'm sure u be ibo. For ur land, 44 years old dey write WAEC na!

Poo-hole better get back to that glass of shepe you bought with the money you borrowed form your mother you miserable scum bag

Maybe it is his karma 2 die like dat.

ROBBERY AND FIRE ARMS SPECIAL PROVISION ACT of the Federal Republic of Nigeria

ROBBERY AND FIREARMS (SPECIAL PROVISIONS) ACT


ARRANGEMENT OF SECTIONS

SECTION

1. Punishment for robbery.

2.Punishment for attempted robbery, etc.
3.Punishment for illegal possession of firearms.
4.Offences relating to sheltering and treating armed robber.
5.Offence and punishment for receiving.
6.Punishment for parties to offences under section I, 2, 3 or 4.
7.Forfei ture of assets.
8.Power to arrest by force without warrant, etc.
9.Trial of offences.
10.Adaptation of Act to Federal Capital Territory, Abuja.
11. Interpretation.

12. Short title.

An Act to make comprehensive provisions for matters relating to armed robbery.

[1984 No. 5. 1986 No. 28.]

[29th March, 1984]

[Commencement.J

1.Punishment for robbery
(1) Any person who commits the offence of robbery shall upon trial and conviction under this Act, be sentenced to imprisonment for not less than 21 years.

(2) If-

(a) any offender mentioned in subsection (1) of this section is armed with any
firearms 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, he offender shall be
liable upon conviction under this Act to be sentenced to death.

(3) The sentence of death imposed under this section may be executed by hanging the offender by the neck till he be dead or by causing such offender to suffer death by firing
squad as the Governor may direct.

2.Punishment for attempted robbery, etc.
(1) Any person who, with intent to steal anything, assaults any other person and at or immediately after the time of assault, uses or threatens to use actual violence to any other
person or any property in order to obtain the thing intended to be stolen shall upon conviction under this Act be sentenced to imprisonment for not less than fourteen years but
not more than twenty years.

(2) If-

(a) any offender mentioned in subsection (1) of this section is armed with any
firearms or any offensive weapon or is in company with any other person so
armed; or

(b) at or immediately before or immediately after the time of the assault the said
offender wounds or uses any other personal violence to any person, the offender shall upon
conviction under this Act be sentenced to imprisonment for life.

(3) Any person found in any public place in possession of any firearms whether real or imitation and in circumstances reasonably indicating that the possession of the fire-
arms is with intent to the immediate or eventual commission by that person or any other person of any offence under section 1 of this Act or under the foregoing provisions of this
section shall upon conviction under this Act be sentenced to imprisonment for not less than fourteen years but not more than twenty years.

3.Punishment for illegal possession of firearms
(1) Any person having a firearm in his possession or under his control in contravention of the Firearms Act or any order made thereunder shall be guilty of an offence under
this Act and shall upon conviction under this Act be sentenced to a fine of twenty thousand naira or to imprisonment for a period of not less than ten years, or to both.

(2) For the avoidance of doubt, section 28 of the Firearms Act shall, subject as provided in section 12 (4) of this Act, have effect notwithstanding subsection (l) of this sec-
tion.

4.Offences relating to sheltering and treating armed robber
(1) It shall be an offence punishable under this Act for any person to knowingly house, shelter, or give quarters to any person who has committed an offence under section 1 (2) of this Act.

[1986 No. 28.]

(2) It shall be the duty of any person, hospital or clinic that admits, treats or administers any drug to any person suspected of having bullet wounds to immediately report the
matter to the police.

(3) Any-

(a) person who; or

(b) hospital or clinic which, fails to report as stipulated in subsection (2) of this section shall be guilty of an offence
under this Act.

(4) A person convicted of an offence under subsections (1) and (3) of this section shall be Iiable-

(a) in the case of an individual, to imprisonment for a term not exceeding five
years; and

(b) in the case of a hospital or clinic, to a tine of ten thousand naira and in addition
the hospital or clinic shall be closed down.

5. Offence and punishment for receiving

Any person who receives anything which has been obtained by means of any act constituting an offence under this Act shall be guilty of an offence under this Act and shall
be liable upon conviction to be sentenced to imprisonment for life.

r 1990 No. 31.]

6. Punishment for parties to offences under section 1, 2, 3 or 4

Any person who-

(a) aids, counsels, abets or procures any person to commit an offence under sec-
tion I, 2, 3 or 4 of this Act; or

(b) conspires with any person to commit such an offence; or

(c) supplies, procures or provides any person with firearms for use to commit an
offence under section 1 or 2 of this Act,

[1990 No. 31.]

whether or not he is present when the offence is committed or attempted to be committed, shall be deemed to be gui Ity of the offence as a principal offender and shall be liable to be
proceeded against and punished accordingly under this Act.

7. Forfeiture of assets

(1) All the assets, movable or immovable, including motor vehicles, of any person convicted of an offence under this Act shall be forfeited to the Government of the State in
which the asset or property is situated or found.

[1986 No. 28.]

(2) The Governor of a State may constitute a panel consisting of such number of persons (including an officer of the State Ministry of Justice) as he may think tit to conduct
an investigation for the purpose of ascertaining the assets of any person convicted of an offence under this Act.

Power to arrest by force without warrant, etc.

(1) A police officer or a member of the armed forces may arrest without warrant any person reasonably suspected of having committed or of being about to commit an offence
under this Act and the police officer or member of the armed forces may use such force, including the use of firearms, as may be reasonably necessary to effect the arrest of that
person or to prevent his escape.

(2) The foregoing provisions of this section shall have effect-

(a) without prejudice to any other power conferred by any law on members of the
Nigeria Police Force or members of the armed forces; and

(b) notwithstanding anything to the contrary in any law.

9. Trial of offences

Offences under this Act shall be triable in the High Court of the State concerned.
[1999 No. 62.]

10. Adaptation of Act to the Federal Capital Territory, Abuja

The provisions of this Act shall apply to the Federal Capital Territory, Abuja as if it were one of the States of the Federation, and accordingly-

(a) any reference in this Act to the Governor of a State shall be construed as being
a reference to the Minister of the Federal Capital Territory, Abuja;

(b) any reference to a serving or retired judge of a State shall be construed as a
reference to a serving or retired judge of the High Court of the Federal Capital
Territory, Abuja or a serving or retired judge of the Federal High Court;

(c) any reference to any other person, office or authority of a State shall be con-
strued as being a reference to the person, office or authority of the Federation
with like status, designation or powers; and in particular, any reference to the
Attorney-General of a State shall be construed as being a reference to the At-
torney-General of the Federation.

11. Interpretation

(1) In this Act, unless the context otherwise requires-

"assault" means striking, touching moving or otherwise applying force, including heat, light, electrical force, gas, odour, or any other substance or thing whatever, if applied in such a degree as to cause injury or personal discomfort to the person of another, either directly or indirectly without his consent, or with his consent if the consent is obtained by fraud, or any bodily act or gesture, amounting to an attempt or threat to apply force of any kind as aforesaid to the person of another without his consent, in such circumstance that the person making the attempt or threat has in fact or apparently a present ability to effect the purpose;

"firearms" includes any canon, gun, rifle, carbine, machine-gun, cap-gun, flint-lock gun, revolver, pistol, explosive or ammunition or other firearm, whether whole or in detached pieces;

"Governor" means the Governor of any State in the Federation and includes the Minister of the Federal Capital Territory, Abuja;

"offensive weapon" means any article (apart from a firearm) made or adapted for use for causing injury to the person or intended by the person having it for such use by him and it includes an air gun, air pistol, bow and aITOW, spear, cutlass, marcher, dagger, cudgel, or any piece of wood, metal, glass or stone capable of being used as an offensive weapon;

"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;

"steal" means to take or convert to one's use or the use of any other person anything other than immovable property, with any of the following intents-

(a) an intent permanently to deprive the owner of the thing of it;

(b) an intent permanently to deprive any person who has any special property in
the thing of such property, the term "special property" here including any
charge or lien upon the thing in question and any right arising from or depend-
ent upon holding possession of the thing in question, whether by the person
entitled to such right or by some other person for his benefit;

(c) an intent to use the thing as a pledge or security;

(d) an intent to part with the thing on a condition as to its return which the person
taking or converting it may be unable to perform;

(e) an intent to deal with the thing in such a manner that it cannot be returned in
the condition in which it was at the time of taking or conversion;

(f) in the case of money, an intent to use it at the will of the person who takes or
converts it, although he may intend afterwards to repay the amount to the
owner.

12. Short title

This Act may be cited as the Robbery and Firearms (Special Provisions) Act.





SUBSIDIARY LEGISLATION

No Subsidiary Legislation
..Search formSearch ..Copyright © 2012, Policy and Legal Advocacy Centre.
All Rights Reserved.
.

blank:

1. Armed robbery carries the death penalty in Nigeria. Once a person is armed even if they didn't succeed in robbing the person of N5, they will still be condemned to death. This was during the military era and it is still a law in Nigeria.

2. There were two men that went to rob but the second person was killed in a shoot-out and he was arrested. Do not mind the sensational reporting. The guy deserved his punishment.


I think people should be agitating for harsher punishment for money laundering, public officers who steal our commonwealth etc not siding with a criminal that deserves to die for his crimes.

How can a law that was imposed during the military era of thuggery and barbarism still hold water in a democratic government? Am sure you would be screaming foul play if dat guy was even remotely related to you...

njokusboy:

How can a law that was imposed during the military era of thuggery and barbarism still hold water in a democratic government? Am sure you would be screaming foul play if dat guy was even remotely related to you...

Its sad, but thats the true scenario of things.. The Land use act is an example..

Okija_juju: ROBBERY AND FIRE ARMS SPECIAL PROVISION ACT of the Federal Republic of Nigeria

ROBBERY AND FIREARMS (SPECIAL PROVISIONS) ACT


ARRANGEMENT OF SECTIONS

SECTION

1. Punishment for robbery.

2.Punishment for attempted robbery, etc.
3.Punishment for illegal possession of firearms.


An Act to make comprehensive provisions for matters relating to armed robbery.

[1984 No. 5. 1986 No. 28.]

[29th March, 1984]

[Commencement.J

1.Punishment for robbery
(1) Any person who commits the offence of robbery shall upon trial and conviction under this Act, be sentenced to imprisonment for not less than 21 years.

(2) If-

(a) any offender mentioned in subsection (1) of this section is armed with any
firearms 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, he offender shall be
liable upon conviction under this Act to be sentenced to death.

2(a) says if he is armed or in the company of someone that is armed OR (b) causes violence.

My English teacher taught me that "either or" means one or the other. He was armed thus he should be sentenced to death (you posted the law yourself).

njokusboy:

How can a law that was imposed during the military era of thuggery and barbarism still hold water in a democratic government? Am sure you would be screaming foul play if dat guy was even remotely related to you...

Most laws we have now came from the military era. If you want it upturned, your senator/house of rep member should sponsor the bill to have it struck out of our law books.

God forbid but if my family member should take a gun, rob people and even be involved in a shoot-out then they should be shot and then shot again.

kel4soft: Please this should be sent to FP to discuss exhaustively. That judge needs a brain surgery.

Guy easy. The law says "reward" for armed robbery is death. It did not say the amount involved in the act. so be it a million or billion or ten naira.

After been recently robbed at my street, i feel no pity for any thief...armed or not.

They should all be punished for causing pain on people.

blank:

2(a) says if he is armed or in the company of someone that is armed OR (b) causes violence.

My English teacher taught me that "either or" means one or the other. He was armed thus he should be sentenced to death (you posted the law yourself).

Yeah!! I did post the law myself.

Now since the law is clear, on what basis did the Okada man get a 15 year sentence and the student getting the death penalty?!
They were both armed, they both robbed their victims and they both got arrested and brought before the same judge..

So why the differing sentences?!

Oh cmon!!! Thats too harsh for the crime committed!

babanne: Do you actually know what the law says as to the penalty of armed robbery?

Not toy gun robbery

This is the height of hypocrisy! Faruk Lawan was indicted of bribery, he was acquitted. Bankole, Ete, Stella Oduah, Al-Mustapha, their cases were shoveled under the carpet, just to mention a few. Who is deceiving who? You have seen someone who has no person in Aso Rock to bail him out. Shame to you all. This does not in anyway mean that i am in support of crime. What i'm saying and will always say is that let justice be meted equally to everybody. God will judge you you judges.

I'm not supporting ds guy oo but if dey shld kill ds guy n spare STELLA ODUAH,Gov LAMIDO n his SONS den d blood of d boy must speak!!!!!!!!!!

na wa 4 dis life o,struggle continue

This Op is deliberately misleading the readers. There is a BIG difference btw armed robbery and stealing. The elemen of arms is what makes the difference. In armed robbery there is threat to the victim's life while in stealing there is only threat to the victim's property, this is the justification for the law that armed robbery is punishable with death.

Pls change ur heading to "student sentenced to death for ARMED ROBBERY" and stop inciting the ignorant ones on NL to think the judge was too harsh our our laws are wicked.

Effurun , Delta State..... there you get to see a 27years old secondary school student. They are very stubborn, reckless and dangerous. If you live in effurun, once its 5pm, u better stay in your house else you will be robbed in your street with people walking along pretending not to see the robbery. ask for OGBE SECONDARY SCHOOL They come to school with hand guns ... you dare not beat or flog any student. For me, i humbly request/plead that does who are not interested in my class should leave before i start teaching....

So op if the boy is 24 n still in secondary school.. his life mission is become one of the niger delta militants cos theres nothing you say or do that will change his evil ways.

Okija_juju:


Yeah!! I did post the law myself.

Now since the law is clear, on what basis did the Okada man get a 15 year sentence and the student getting the death penalty?!
They were both armed, they both robbed their victims and they both got arrested and brought before the same judge..

So why the differing sentences?!

I now get where your confusion is coming from. There are two stories in there of two separate crimes.

The first crime is of the student who robbed a woman at gunpoint with some other accomplices (one died of gunshot wounds). He was sentenced to death as per the above. This was outright armed robbery and not the stealing the mischievous poster wrote.

The second crime is the one the okada rider committed which was with a toy gun thus his was a lesser offence. This was stealing.


Are you clear now?

Anyone that is capable of robbing their fellow citizens, should be locked up. If you kill or injure anyone in the process then it should be punishable by the maximum penalty which is death. This particular case did not involve death or injury, so why the death penalty? Why The Nigerian judiciary system needs revamping, robbery is robbery regardless of the person's status, a poilitician should not be treated differently from a common citizen but we all know how it is right? Nigeria is lawless, it's all about who you know!

A man steals frm ª woman,he bags ª death sentence
A politician steals frm ð treasury,he gets aquainted-feels free abt therby encouragin' oda politicians
Logicallity-
Ð woman wu was robbed gets further affected by her immediate family or extended atleast 20persons or dre about;
Ð masses(millions of citizens),wu s denied ð betterment of wot ð stolen treasury wil do,suffers at large- e.g loots in power sector-millions of masses suffer; loots in road projects- millions of masses suffers n dies on bad roads; loots in Avaition-millions of masses dies in aircrafts; loots in pension meant for old people,wu ve served dier fathers land- millions stil,suffers. Loots!loots!!loots!!! Evrywhere...........yet,dey walk around ð society,even around ð corridors of power.
Am not here to support ð act perpetrated b ð 24yrs old man. But,to give insight reasonin' to ð custodian of ð law n ð law itself.
JUDICIARY(interpreter)...LEGISLATURE(pReacher).......EXECUTIVE(usher)........MASSES(congregation)

abbey621: Anyone that is capable of robbing their fellow citizens, should be locked up. If you kill or injure anyone in the process then it should be punishable by the maximum penalty which is death. This particular case did not involve death or injury, so why the death penalty? Why The Nigerian judiciary system needs revamping, robbery is robbery regardless of the person's status, a poilitician should not be treated differently from a common citizen but we all know how it is right? Nigeria is lawless, it's all about who you know!

That is not what that law says. Armed robbery is a capital offence regardless of the value of the goods robbed or whether the victim was killed or maimed. What has that got to do with anything. By robbing with firearms the robber is already threatening the precious life of his victims, so he needs to be eliminated if caught after proper charge, trial, and conviction.
There should not be and will not be any review, revision, or abrogation of any such law. If you want to campaign for the ending of the right of the state to execute armed bandits and hooligans go ahead and do so but you will be wasting your time

blank:

I now get where your confusion is coming from. There are two stories in there of two separate crimes.

The first crime is of the student who robbed a woman at gunpoint with some other accomplices (one died of gunshot wounds). He was sentenced to death as per the above. This was outright armed robbery and not the stealing the mischievous poster wrote.

The second crime is the one the okada rider committed which was with a toy gun thus his was a lesser offence. This was stealing.


Are you clear now?

Thanks for the explanation..


But just for the sake of jurisprudence, lemme throw in a twist;

Here is a section of that law I posted earlier;

Any person found in any public place in possession of any firearms whether real or imitation and in circumstances reasonably indicating that the possession of the fire-arms is with intent to the immediate or eventual commission by that person or any other person of any offence under section 1 of this Act or under the foregoing provisions of this section shall upon conviction under this Act be sentenced to imprisonment for not less than fourteen years but not more than twenty years


So How do we ressolve this?!

The second person commited 'Armed robbery' with a toy Gun.. He was armed nonetheless. Armed does not directly mean 'Gun'.. The sentencing that the second person got is in-line with 'Possesion of a fire arm' and not 'armed robbery'..

I feel they should both get equal sentencing.

So why isnt he getting the full weight of the law?!

blank:
I now get where your confusion is coming from. There are two stories in there of two separate crimes.
The first crime is of the student who robbed a woman at gunpoint with some other accomplices (one died of gunshot wounds). He was sentenced to death as per the above. This was outright armed robbery and not the stealing the mischievous poster wrote.
The second crime is the one the okada rider committed which was with a toy gun thus his was a lesser offence. This was stealing.
Are you clear now?

Which one be toy gun . I am sure the victim di not take it as a kiddies game
Robbing with an imitation firearm is still robbery and the robber should still be shot by firing squad if convicted of that offence alone.

UDENSCO: This is the height of hypocrisy! Faruk Lawan was indicted of bribery, he was acquitted. Bankole, Ete, Stella Oduah, Al-Mustapha, their cases were shoveled under the carpet, just to mention a few. Who is deceiving who? You have seen someone who has no person in Aso Rock to bail him out. Shame to you all. This does not in anyway mean that i am in support of crime. What i'm saying and will always say is that let justice be meted equally to everybody.

That is just a load of nonsense.
Which court convicted Stella or Lawan? However fraud is not a capital offence in Nigeria or any country in the world apart from the likes of Communist China and North Korea

solace-c4t:
After been recently robbed at my street, i feel no pity for any thief...armed or not.

They should all be punished for causing pain on people.

That is not the point. He is being sentenced to death for ARMED ROBBERY not for stealing and certainly not for the value of what he stole.

lumideezle:

Actually you are the one that needs a brain surgery to upgrade your knowledge, the Position of the Law is simple!! sofar he was armed and he Robbed the penalty is the same. Weather he stole 2 Kobo or 1 billion dosent matter.
Although i must add that the defense counsel did a Terrible Job

Again your conclusion is a load of nonsense.
The question is was he armed at the time of the crime. Did he obtain the goods found in his possessin by force of arms. If yes then he doesn't have a leg to stand on based on prima facie evidence presented by the state.

njokusboy:

Do u know wat I despise most aside aggression, its pple talking rubbish.. All those people you mentioned was robbery their only crime Did they also rob with toy guns The only crime that warrants the death penalty is premeditated murder, not even manslaughter, I hope u know d difference In some harsh countries we also have rape, kidnapping and drug trafficking... The worst punishment for armed robbery is life inprisonment and dat is after 3 strikes and that doesn't include when the man is with a toy gun... Even the death penalty for murder is rarely imposed these days, the judges usually prefer life sentence... And u are telling us there aint nothing wrong in sending a robber to the gallows That judge must be a Taliban.. What's the difference between this and lynching by a mob

That is just hogwash. Look here Njoku if you are against the Government executing convicted armed robbers then go aheead and petition your national Assembly representative to get the law amended. However the judge has a constitutional responsibility to uphold the law as it stands.

tensor777:
That is not what that law says. Armed robbery is a capital offence regardless of the value of the goods robbed or whether the victim was killed or maimed. What has that got to do with anything. By robbing with firearms the robber is already threatening the precious life of his victims, so he needs to be eliminated if caught after proper charge trial and conviction.
There should be and will not be any review revision or abrogation of any such law. If you want to campaign for the ending of the sight of the state to execute armed bandits and hooligans go ahead and do so but you will be wasting your time

So anybody that threatens your life should be eliminated, why go through the law, why not use jungle justice since you are so quick to kill, I wonder what you would say if your family member was involved in such a case. Each case should be considered according to the facts or circumstances and not by some outdated law. The story said he used a toy gun, no shots were fired, no physical injury to the victim, why not give the boy a long sentence, or even better, a life imprisonment. Why death? Mr. Tensor777, did you know that someone that steals a tomato and someone who stole millions are held to the same penalty under law? This is the type of hyprocrisy evident in the Nigerian legal system, pure nonsense!

Okija_juju:
I have been robbed at gunpoint in my house and its not a nice affair.. But sentencing a robber to death on a matter that does not have muster is outrageous..
Even under the 3 strikes law, it's not death but life.
This matter would be appealed and the ruling of the lower court upturned.
The judge should also face disciplinary panel from the bench.

On what grounds would he appeal? It cannot be on any point of law or even any procedural grounds. Fine he can appeal to the Delta state governor for clemency based on whatever mitigating factors there are but that is a separate matter.

abbey621:

So anybody that threatens your life should be eliminated, why go through the law, why not use jungle justice since you are so quick to kill, I wonder what you would say if your family member was involved in such a case. Each case should be considered according to the facts or circumstances and not by some outdated law. The story said he used a toy gun, no shots were fired, no physical injury to the victim, why not give the boy a long sentence, or even better, a life imprisonment. Why death? Mr. Tensor777, did you know that someone that steals a tomato and someone who stole millions are held to the same penalty under law? This is the type of hyprocrisy evident in the Nigerian legal system, pure nonsense!

It depends on the circumstances. However the state has a responsibility to protect society from the activities of armed thugs and bandits who threaten the lives and property of innocent hard-working Nigerians.

That said I am not in favour of just caging these hooligans for life at state expense. They should just be shot by firing squad or hung so high that the crows would not be able to get at them. That is the real deterrence.

Again which one be toy gun again, I can assure you that his victim that night did not think it was just a child's play.