An accomplice is a person who is, in any way, concerned with another in the commission of a crime. A person is an accomplice of another in omitting a crime if, with the intent to promote or facilitate the Commission of the crime, he/she solicits, requests, or commands the other person to commit it, or aids the other person in planning, or committing it.
An accomplice has the same characteristics as a ‘perpetrator,’ ‘abettor’,‘inciter’, but not as an accessory after the fact. He is a person who knowingly, voluntarily, and intentionally unites with the principal offender in a crime and thereby becomes punishable for it.By definition, an accomplice must be a person who acts with the purpose of promoting or facilitating the commission of the substantive offence for which he/she is charged as an accomplice.
For example, Tosin just left the University and got pregnant. She received a letter calling her up for NYSC. She could not be admitted in her State, for every female Corper is required to submit to pregnancy test and would only be deployed if certified “not pregnant”. Tosin presents herself. The Nurse at the Camp centre demands N20, 000 to secure a clean report. Tosin pays, Tola prvides a substitute urine and Tosin obtains a clean report and is duly deployed.
Uzor, an unemployed graduate is desperately in need of a job. Tunde offers to give him one but demands N50,000 bribe. Uzor has paid but no job has been given to him.Tosin, Tola the Nurse, Uzor, Tunde have been arrested on charges of bribery and corruption.
In these case of corruptly demanding and corruptly receiving bribes, the approach of the court is that a person who pays money in consequence of a corrupt demand is not only an accomplice in the offence of making the demand but will not be an accomplice in the offence of receiving of the money if the circumstances are such that he is to be regarded as a victim rather than a participant.
There are occasion where accomplices and the victim are themselves parties to the offence. At other times, the accomplice may be regarded asa victim rather than a participis criminis. Often it is difficult to determine whether a participant is an accomplice or the victim of an offence.