Nigerian Penal Code Act

Section 81 - Co-operation by doing one of several acts constituting an offence.

When an offence is committed by means of several acts, whoever intentionally co-operates in the commission of that offence by doing anyone of those acts, either singly or jointly with any other person, commits that offence.

Illustration

(a) A and B agree to kill Z by severally and at different times giving him small doses of poison. A and B administer the poison according to the agreement with intent to kill Z. Z dies from the effects of the several doses of poison so administered to him. Here A and B intentionally co-operate in the commission of culpable homicide and, as each of them does one or more of the several acts by which death is caused, they are both guilty of the offence, though their acts are separate and though the acts of one without the acts of the other would not have caused death.

(b) A and B are joint jailors and as such have the charge of Z a prisoner alternately for six hours at a time. A and B intending to cause Z's death knowingly co-operate in causing that effect by illegally omitting, each during the time of his attendance, to furnish Z with food supplied to them for that purpose. Z dies of hunger. Both A and B are guilty of culpable homicide.

(c) A a jailor has the charge of Z a prisoner. A intending to cause Z's death illegally omits to supply Z with food; in consequence of which Z is much reduced in strength but the starving is not sufficient to cause his death. A is dismissed from his office and B succeeds him. B without collusion or co-operation with A illegally omits to supply Z with food, knowing that he will probably thereby cause Z's death. Z dies of hunger. B is guilty of culpable homicide; but as A did not co-operate with B, A is guilty only of an attempt to commit culpable homicide.

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