The offence of demanding property with menaces under Nigerian criminal law is closely intertwined with official corruption, especially as captured in Section 98 of the Criminal Code.
Understanding Corruption in Law
According to the House of Lords in as: Cooper v. Slade [1857] 8 HL Cas 746, corruption is defined as:
“Purposely doing an act which the law forbids as tending to corrupt.”
Similarly, in the Nigerian case of Biobaku v. Police [1951] 20 N.L.R. 30, corruption was described as: “Acting improperly.”
Thus, corruption occurs when a public officer fails to carry out his duties honestly and impartially, or when he allows considerations of personal benefit—whether to himself or another—to influence his actions.
Section 98 of the Criminal Code,This section prohibits any public official from corruptly using their office or position to obtain, demand, or threaten for any form of favour, gain, or benefit, either for themselves or another person.
Penalty for Breach Violating this provision constitutes a felony and is punishable by up to 7 years imprisonment. Both the person making the demand and the person giving in return are equally guilty.
For instance, if a student offers money to a lecturer in exchange for a pass mark—and the lecturer accepts or even just solicits it—both parties are guilty of the offence of official corruption under Section 98.
Actus Reus (Guilty Act), Under Sections 98, 98A, and 98B of the Criminal Code, the mere act of asking for a bribe—even if it is not received—is enough to constitute the offence.
According to Section 98(3)(a) and (b), it is not a valid defence that: The public officer later changed his mind and did not collect the bribe.The bribe did not influence the officer to act or omit an act in their official capacity.
The law is clear: the offence lies in the request or offer itself, as long as it is intended to improperly influence the performance of public duty.
Note: A public officer may still be convicted even if they did not carry out the favour or threat promised in exchange for the bribe.
This was reaffirmed in Biobaku v. Police, where the court held that a crime is committed once there is intent to sway or divert a public officer from their honest and impartial obligations.
Landmark Case: Onyekwere v. The State (1973)
A landmark case in this area is Onyekwere v. The State (1973), where the Supreme Court of Nigeria emphatically addressed abuse of power by public officers—especially law enforcement agents.
in this case, friday onyekwere, a police constable in abakaliki, was accused of demanding various sums of money from members of the public under the guise of helping them “settle” or “avoid” criminal prosecution.
The Supreme Court interpreted Section 406 of the Criminal Code, dealing with demanding with menaces, and held that:
a public officer is guilty of official corruption once he solicits or receives any benefit in connection with his duties, even if the accusation used as leverage is false or unfounded. The mere threat of wrongful prosecution—if done for personal gain—constitutes a menace under the law.
The victim (Ekpunobi) was put in fear of detriment, and that fear was the decisive factor in establishing the offence.
principles established in onyekwere v. the state
1. A demand becomes criminal when it is accompanied by a threat that induces fear in the victim—even if the threat is baseless or incapable of being carried out.
2. The Supreme Court emphasized that “menace” does not require physical harm; even psychological fear of official retaliation or reprisal is sufficient.
Conclusion.
The combined effect of Sections 98–98B and Section 406 of the Criminal Code emphasizes the seriousness with which Nigerian law treats official corruption and threat-based extortion. The law protects the public from abuse of power, especially by public officers who exploit their positions for personal benefit. The courts, as seen in Onyekwere, have consistently maintained that even the intention and act of asking—when mixed with threat or undue influence—is enough to convict.
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