LEGAL PRINCIPLE: CRIMINAL LAW – Common Intention – Section 8 of the Criminal Code – Requirements for Establishing Liability under Section 8
PRINCIPLE STATEMENT
A close analysis of section 8 of the Criminal Code Law discloses the following requirements or preconditions that must be established before a conviction based thereunder may be sustained. These requirements are as follows: (1) There must be two or more persons. (2) They must form a common intention. (3) The common intention must be towards prosecuting an unlawful purpose in conjunction with one another. (4) An offence must be committed in the process. (5) The offence must be of such a nature that its commission was a probable consequence of the prosecution of such purpose.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Alarape & Ors v. State (2001) NLC-872000(SC) at p. 21; Paras A–C.
"A close analysis of section 8 of the Criminal Code Law discloses the following requirements or preconditions that must be established before a conviction based thereunder may be sustained. These requirements are as follows: (1) There must be two or more persons. (2) They must form a common intention. (3) The common intention must be towards prosecuting an unlawful purpose in conjunction with one another. (4) An offence must be committed in the process. (5) The offence must be of such a nature that its commission was a probable consequence of the prosecution of such purpose."
EXPLANATION / SCOPE
Section 8 of the Criminal Code imposes criminal liability on all participants where two or more persons have a common intention to prosecute an unlawful purpose, and an offence is committed that was a probable consequence of that purpose. Five requirements must be proved: (1) two or more persons; (2) common intention; (3) intention to prosecute an unlawful purpose together; (4) an offence committed in the process; (5) the offence was a probable consequence of prosecuting that purpose. The test is objective—would a reasonable person foresee the offence as probable? The common intention need not be express; it may be inferred from conduct. All participants are liable regardless of who committed the act.