Cultism and cult related activities are very serious crimes under Nigerian law, and therefore expressly prohibited and punishable. Anyone found guilty of belonging to, aiding, sponsoring or accommodating a member of any cult group for the purposes of carrying out their unlawful activities is liable, upon conviction, to imprisonment of 21 years. The Lagos State Government (“LSG”) signed a bill into law in 2021 called “Unlawful Societies and Cultism in Lagos State Law 2021” (“Anti-Cultism Law 2021),with the primary aim of curbing the activities of cultists within the State.
Cultism is rampant in almost all educational levels in Nigeria (from primary school to tertiary institution) as well in almost every community. The Supreme Court took judicial notice of the growing menace of secret cults in Nigerian Universities and emphasized the need for Universities to exercise disciplinary powers over student cult members when, in Esiaga v. University of Calabar (2004)7 NWLR (Pt.872) 366 (Per PATS-ACHOLONU, J.S.C.) at page 387, paras. A-H stated as follows:
“It is important to emphasise that the cult system which pervades the University campus is now an evil phenomenon that is threatening to tear the University system apart and I strongly believe it will be remiss of the University Authority to wring its hands in desperation and frustration on the erroneous or misguided view of interpretation of the judgment on Garba’s case. That case did not and cannot be said to be construed that in all circumstances when the atmosphere in a University is threatened and there is a reasonable possibility that if the rampaging act of a student or students is not nipped at the bud by the act of suspending the perpetrators of the seeming ignoble act, the University Authority should do nothing. That is not the interpretation of that decision.”
Any person who contravenes the Anti-Cultism Law, aids or abets, protects, or condones member(s) of a cult group or an accessory, commits an offence and will be regarded as a principal offender ans will be charged with doing the act or making the omission that the person who committed the offence made, and is liable upon conviction to the same punishment that the person who committed the offence is liable to. See Section 15 of the Anti-Cultism Law.
What is a Cult or an Unlawful Society under the Lagos State Anti-Cultism Law?
The Lagos State Anti-Cultism Law defines “Unlawful Society” or “Cult” in section 1, which is the interpretation section, to mean “association of persons or group of persons gathered to promote and commit unlawful activities that is harmful to themselves and the citizens of the state in general or of which the members undertake such unlawful activities”. The law provides that a person shall not form, organize or belong to any named, unnamed or yet to be named group or society within the state whose object is illegal, destructive, unlawful or contrary to public policy, safety and peace of the members of the public.
What are the imprisonment terms that can be imposed on a convicted cultist?
Cultism is punishable imprisonment without option of fine except where a parent or guardian is convicted under section 16 of the Anti-Cultism Law for knowing about his/her ward’s cult activities but fails to report to the Police, in which case the parent or guardian, if convicted, may be jailed for 2 years with option of N500,000 fine.
Please note that the maximum term of imprisonment that can be imposed on a convicted cultist is 21 years. However, where the cultist commits armed robbery, murder or any other capital offence in the course of the cult activities, then, the penalty will be death.
Membership or identifying as a member or soliciting or inducing for members of a cult, attending a cult meeting (whether as a member or intending member) or causing breach of peace or disturbing public peace or threat to life and property is punishable under section 2(3) of the Anti-Cultism Law with 21 years imprisonment.
By the provision of Section 4, any person who forms and/or agrees with anyone to form, manages or assist in management of a cult group or knowingly allows a meeting of members of an unlawful society to be held in any property under his control commits an offence and is liable upon conviction to fifteen (15) years imprisonment.
Also, any person who by means of intimidation, blackmail or threat of violence, compels another to join an unlawful society commits an offence and is liable upon conviction to fifteen (15) years imprisonment under section 5(1) of the Anti-Cultism Law. Please note, however, where the Defendant injures or uses violence on a person to compel him/her to join a cult, such a person is liable upon conviction to 21 years imprisonment under Section 5(2).
Section 6(1) provides that any person who with the intent to compel a person to join an unlawful society or cult, at the time or immediately after the time of communicating to the person to join the unlawful society, uses or threatens to use violence to the person or the person’s property in order to obtain the person’s consent without succeeding in getting the person to join the unlawful society, commits an offence and is liable upon conviction to fifteen (15) years imprisonment. In Sub section (2), any person who, with an intent to compel a person to join an unlawful society who is armed with any firearm or offensive weapon or is in the company of any person so armed at the time of communicating to a person or compelling a person who declines to join an unlawful or cult society, commits an offence and is liable upon conviction to fifteen (15) years imprisonment.
By virtue of Section 7, any person who administers, or is present at and consents to the administration of an unlawful oath with firearm or offensive weapon or is in the company of any other person so armed at the time of communicating to a person or compelling a person who declines to join an unlawful society or cult, commits an offence and upon conviction is liable to seven (7) years imprisonment.
Any person who being a member of an unlawful society or cult sets fire to anything in an open or an enclosed place, or uses a firearm or an offensive weapon or causes to be used any deadly object, acid or any potent chemical within a premise in any location within the state or causes a firearm or an offensive weapon to be used or set fire to anything in such a manner as to endanger the health or property of any other person, or causes a firearm to be used to the extent of inflicting bodily injury to another person commits an offence and upon conviction is liable to twenty (21) years imprisonment. Section 9. However, where such action results in the eventual death of a person, the offender commits an offence and is liable upon conviction to life imprisonment. See Section 9(3).
Section 10 prohibits students or members of any educational institution from belonging to any group or society that is not registered with the Student Affairs Department of a University or any Educational Institution in the state. Therefore, any student that holds himself out as a member of an unregistered association or society commits a misdemeanor and upon conviction is liable to two (2) years imprisonment. Sub-section (3) and (4) empowers the governing council of higher institutions to suspend and/or expel students found culpable of cult related activities. Furthermore, any person that is in a fiduciary relationship with any student as a teacher, lecturer, who knowingly and unlawfully protects cult member(s), commits an offence and is liable upon conviction to fifteen (15) years imprisonment. This is in accordance with section 12 of the Law.
How is a Cult Member identified by Police under the Anti-Cultism Law?
The main indicators of a cultist are unlawful and harmful activities even though there are other details that may link the suspect to the alleged cult group. Section 3 of the Anti-Cultism Law provides that any person who attends the meeting of an unlawful society or cult, or who is in possession of any insignia, banner, arms, property or is marked with any mark of ta cult group shall be presumed to be a member of that cult until the contrary is proven.
During police interrogation, attention is focused on the amount of details a suspect can provide about a cult of which he or she has been alleged to be a member. The suspect’s knowledge of the name, the initiation procedure, the name of the person who introduced the suspect to the cult, the place and date of initiation, names of the leaders and other members of the cult, the description of the symbol and colour of the cult and other details of the cult group are pointers to the suspect’s involvement in cult related activities.
Please note that some of the above details may not have been provided voluntarily especially if the suspect makes a statement in the absence of his lawyer even though the such statement can be challenged in court.
Who may arrest an offender under the Unlawful Societies and Cultism Law of Lagos State?
Anyone can arrest a cultist under the Anti-Cultism Law. Section 17 of the Law provides for those that can arrest person(s) who are members of an unlawful society or cult group as follows:
A Police Officer, Neighborhood Safety Corps or any other security personal or private person may arrest without warrant any person who commits an offence under the provisions of this Law.
Which court has jurisdiction under the Unlawful Society and cultism Law of Lagos State?
Section 1 of the Law defined ‘Court’ to means High Court or Magistrate Court in Lagos State. Therefore, a person accused of being a member of an unlawful society could be arraigned either at the Magistrate or High Court within Lagos State.
What are the defences under the Unlawful Society and Cultism Law of Lagos State?
The only defence available to a defendant under this law is the defence of compulsion as provided under section 8 of the Anti-Cultism Law, which states thus:
“(1) A person who takes any unlawful oath or attends any meeting of an unlawful society or cult may plead the defence of compulsion.”
Please note that by virtue of Section 8(2) of the Anti-Cultism Law, a person cannot successfully plead the defence of compulsion unless within fourteen (14) days after taking the unlawful oath or attending the meeting of the unlawful society or cult, the person declares on oath before a Magistrate, of everything that he or she knows about the unlawful society or cult including-
(a) The person(s) by whom and in whose presence the unlawful oath was taken or placed and other persons that attended the meeting.
(b) The place and time the unlawful oath was administered or taken or the meeting attended.
Kindly note that where a person is prevented by force or sickness, from declaring everything that he knows to a Magistrate, the person must make the declaration on oath before a Magistrate within fourteen (14) days after the termination of such prevention. See Section 8(3) of the Law.
Whether a person charged under the Unlawful Society and Cultism Law of Lagos State is to entitled bail during trail?
Yes, consistent with the principle of our constitutional jurisprudence that a defendant is presumed innocent until proven guilty, every defendant in a case of cultism is entitled to bail. The court has held in several cases that person(s) charged with belonging to an unlawful organization are entitled to enjoy bail in so far as they will present themselves for trail. For instance, in Olawoye v. C.O.P (2006) 2 NWLR (Pt. 965) 427 (CA), where the applicants were denied bail by the Magistrate Court for the offence of being members of a secret cult and secret societies in educational institutions of higher learning on the ground that the offence of cultism is rampant in institutions of higher learning. On appeal, the Court of Appeal unanimously held that thought the discretionary power to grant bail to an applicant or not is entirely at the discretion of the court hearing the application, having regard to materials placed before it in the affidavit in support of the application but such discretion must be exercised judicially and judicially. Furthermore, the court stated that where a trial court fails to exercise its discretion judicially, for example where it bases its decision on extraneous considerations or on wrong principles, the appeal court will intervene to set the decision aside, citing the case of The President of Ibadan v. Lagunju 14 WACA 549; Enekebe v. Enekebe (1964) 1 All NLR 102 referred to.] (P. 441. Paras E-F).
Also, in Adegbite v. C.O.P (2006) 13 NWLR (Pt. 997) 252, where the applicants were charged with being members of a secret cult and were denied bail by the trail court. On further appeal to the Court of Appeal, the court allowing the appeal and admitting the applicants to bail held that
“The grant or refusal of a bail to an accused, particularly pending the trial of the case is purely a matter of the discretion of the Judge faced with such an application. The discretion must be exercised judicially and judiciously and points to nothing but the justice of the matter. The exercise of such discretion is indeed, governed by several factors, which are not necessarily constant. The discretionary power of the court to admit bail should be exercised both judicially and judiciously after considering the following:
(a) the nature of the charge;
(b) the severity of the punishment;
(c) the character of the evidence;
(d) the criminal record of the accused; and
(e) the likelihood of the repetition of the offence;
(f) whether the proper investigation of the offence would be prejudiced if the accused person is granted bail and whether there is a serious risk of the accused person’s escape from justice by jumping bail;
(g) the nature of the offence or charge which the accused person is facing before the court and the risk of his interference in the prosecution of the case; and
(h) the strength of the evidence against the accused person.”
