Inchoate Offences 111
By Funmilayo Olagunju
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Incitement is another inchoate offence that is punishable apart from the target offence.
Black’s Law Dictionary defines incitement as the act or an instance of provoking, urging on, or stirring up.
In Criminal Law, it is the act of persuading another person to commit a crime.
Incitement is also known as solicitation and is connected with abetment.
A person who incites another person to commit a crime is called an inciter while the person incited to commit an offence is called an incitee.
The act of spurring another person to commit an offence is a crime. Certain acts of incitement are proscribed by Law with definite punishment:
Any person who incites a member of the armed forces or policemen to sedition or disobedience to any lawful order given by a superior officer is liable to Two years imprisonment and a fine.
Section 45 of the Criminal Code.
Any person who incites a member of the armed forces or policemen to desert is liable to imprisonment for Six months and a fine.
Section 46 of the Criminal Code.
Inciting or counseling another person to forcefully eject his/spouse from home is an offence punishable with a year imprisonment or a fine of 200,000 or both.
Section 9(3) of the Violence Against Persons Prohibition Act (2015).
The VAPP Act is applicable in the FCT while over two-thirds of the Nigerian States have their Violence Against Persons Law or similar legislation.
The act of spurring other people towards an unlawful act can lead an inciter to correctional facilities. Let the inciter and the incitee beware!
“Satan rose up against Israel and incited David to take a census of Israel”
I Chronicles 21:1 (NIV)