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FACTORS OF CONSIDERATION OF MODUS OPERANDI ON ARMED ROBBERYROBBERY

PART II: LITERATURE STUDY ON ARMED ROBBERY AS A CRIME PHENOMENONPHENOMENON

ARMED ROBBERY: THE OFFENCE, OFFENDER AND MODUS OPERANDI

3.5 ARMED ROBBERY AND ARMED ROBBERS: THE MODUS OPERANDI

3.5.3 FACTORS OF CONSIDERATION OF MODUS OPERANDI ON ARMED ROBBERYROBBERY

The Modus operandi of any activity depends on quite a number of considerations. With respect to armed robbery, and in Nigeria in particular, the consideration and means of operandi are of mixed; they depend on the place of the offence and the targeted victims.

Some of these considerations and means represent the criteria that need be in place for a successful robbery operation. They are:

a) Transport: The means of transport to use depends on the scale of the operation, the location, and the professionalism involved. Motorcycle bikes and Motor vehicles are notable automobiles that are usually used in the contemporary armed robbery operations in Nigeria. Foot are rarely used in modern day armed robbery, but they still found amongst some robbery operations especially in a clustered settlements, or in the rural settlements. For instance, “Footpad” armed robbery is still widely used, and featured more prominently in most of the robbery cases in Afikpo—the researcher’s hometown.

Indeed, footpad remains an indispensable means of executing most criminals’ activities.

b) Time : The time to carry out operation is also of crucial as far as the modus operandi of armed robbery is concerned. Timing depends on the nature of the target, the desperation of the robbers, and professionalism as well. Available literature and media reports, however, suggest that most operations outside the commercial and banking robberies are

done in the night in Nigeria (Mareni 1987; Iwarimie-Jaja 1987and 1999a; Otu 1992).

Night robbery is usually associated with residential robbery.

Iwarmie-Jaja (1999a: 138) explains that most of the robberies in Port Harcourt were carried out mostly between 6.00 P.M and 12 mid-night. His findings are in line with the findings of the National Crime Survey (NSC) in the U.S, which shows that about 53%

of all violent crimes are committed between the hour of 6:00 P.M and 6:00 A.M. Banks and commercial building robberies occur mostly in the morning, and during the broad daylight. This is usually during working hours (see also Maree 1999:55).

In some countries like those with power fluctuations, the timing becomes especially of importance. For instance, in the contemporary Nigeria, robbery is common when there is “power failure”—electric power is off, and darkness pervades.

c) Weapons : There is no fast and hard rule on the types of weapon to use. However, researchers (Maree 1999:56; Iwarimie-Jaja 1994 and 1999a:137) have noted that such weapons as 9mm pistols, revolver, Ak47, short guns, Mark IV, the FNC, K2. Beret and LAR assault riffles are often times used. Other likely weapons as the researcher has noted in his hometown and surroundings and from the interviews with the subjects include the double barrel guns, locally fabricated long and short guns popularly known as “Oka”, knockouts, axes, cutlasses and clubs.

d) Security: The incognito of the offenders are paramount in the consideration of how to rob, who to rob, and where to rob. Disguise—the idea to camouflage the offenders’

identities is viewed as an important aspect of the game. So, masks are often used (Iwarimie-Jaja 1999a:139). Maree (1999:57) in addition, notes in her study of bank robbery in South Africa that apart from the balaclavas or stockings that are used, a false

moustache and beard, dark spectacles or make-ups are also frequently used. These views collaborate with Honan 1995 (cf. Maree 1999:57), which confirm that 72% of the bank robbers in New Zealand use balaclavas or crash helmets to disguise themselves. Robbers in Nigeria do not necessarily wear masks. Perhaps this may be due to the fact that they are emboldened, and do often operate under the condition difficult to be identified. No doubt that contemporary robbers in the country are aware of the relative difficulty in identifying them by any forensic means which are almost in none existence in contemporary Nigeria’s investigatory system.

e) Mood: The prevailing mood of the offenders also feature in the consideration of the modus operandi. Mood is important because offenders must be in a frame of mind, which

are congenial to confront the victims and the crime situation. Einstadter (1975 in Rushing 1975: 452) explains that a robber in a gang of participants may also “sit one out”–opt not to participate if he feels a particular robbery will be dangerous for him.

Drugs and ‘African insurance’ (charms) are of important factors of consideration here. Findings in this study indicate the use of drugs among these offenders, albeit, this is not a common phenomenon (see also Iwarimie-Jaja 1999a:137). But importantly, is the fact that many armed robbers in contemporary Nigeria believe in, and do fortify themselves with African “black power” (charms). This is what Clement Eze—the repentant armed robber whose interview is reported in the Nigerian Tribune Online hotmail.com, 18 August 2002 described as an “African insurance”. In most of the reported cases of arrest by the police, charms have been found to be a common phenomenon amongst the offenders (see for instance, Lagos New 4 February 1987). And

in some other instances, some offenders have been apprehended on tip-off at the residences of their charms makers or African insurers.

There is also the tendency on the part of these offenders to get “boozed up” (get relatively drunk), to gratify themselves with women, and sometimes receive prayers and blessings from the so “called-man-of-God” before going into an operation. This assertion or rather imagination is based on reveal from members of the respondents who were interviewed orally, and anecdotal stories.

f) The Use of Violence : The decision to use or not of violence occupies a prominent place in the modus operandi on armed robbery, and remains one indispensable means to the crime. Indeed, the use of violence or threat of it is at the centre of armed robbery, and also remains one of its distinguishing characteristics.

This characteristic becomes obvious, and conspicuous during the execution phase of the robbery (see also Beirne and Messerschmidt 2000). Violence, or the threat of it is used because the robbers wished to safeguard themselves, feel protected from any unwanted intimidation from the victim, and to avoid confrontations from within and outside (Iwarimie-Jaja 1999a:137; Maree 1999:57). Significant numbers of armed robbers interviewed in the course of this study concur that the use of violence, or threat of it is indispensable to the commission of the crime. According to them, it immediate aim is to achieve a successful armed robbery operation without much confrontation. Their argument is that without it, most of their victims would not co-operate.

As one robber put it:

We don’t want to kill. But if anyone proves difficult, we gotta show him or her that we meant business. After all they can turn around and kill us.

With respect to the violence, or threat of it, illustrations below are provided to further demonstrate how contemporary armed robbers in Nigeria can, or do display extreme aggressiveness and wickedness on the victims, and at other times show empathy and sympathy towards their victims.

ILLUSTRATION

On 20 August 2000, Customs Officers on duty at the Nigerian Airline Cargo Office (NACO) were tied up, while one that resisted was reportedly shot by armed hoodlums (Tribune 17 January 2000). On 10 October, 2000, a gang of armed robbers trailing the wife of former chief of General Staff, Vice Admiral Mike Akhigbe, pumped bullets into the naval officer’s wife at the wheel who died instantly (Guardian 12 October 2000). In 1997, in a broad daylight, a gang of terrified armed bandits, dressed in war-like manner stormed the Onitsha main market, robbing and shooting like what looked like a fictitious film act. Several people were wounded in the mayhem (eye witness account by the researcher).

Robberies despite their observable common characteristic—aggressiveness and harms, are however, sometimes carried out in a “gentleman” manner. Simonsen (1998:

279) argues that robber probably does not want trouble, and would wished to leave without any one being hurt if the victim is courteous and co-operative. According to Wight and Decker (1997:113) robbers are only likely to turn to violence when a victim fails to comply, and response to such recalcitrant victim is only likely to be severe, but nonlethal in the hope of convincing the him or her to co-operate. Usually, it appears that the accompanying commands, the tough talk, fierce demeanour, and the display of deadly weapons are to secure compliance and avoid wilful damages and loss of life.

In one incident that demonstrates that armed robbers probably do not want trouble, or wish their victims harmed, one Oyetola, a victim relayed how five gang members burgled into his house on the 17 October 2000, and their leader shouted “where is the money”? When he answered “which money”? The leader then warned him that he had better co-operate with them otherwise he will be shot. In another incident told by the victims, a group of sports students and officials of the university of Port Harcourt who were on a trip to an inter University competitions when they were attacked by armed encountered the scenario, which demonstrates pure restraints on the part of the hoodlums.

According to the report, the leader or the commander was reported heard saying “Do not shoot”. “Ladies and gentle men kindly co-operate”. “We don’t want to shed blood…”

Robbers studied in this research reflect a mixture of this gentlemanism and aggressive attitudinal disposition.

Violence is also sometimes used as revenge as demonstrated by Anini—the notorious armed robber in Nigeria between 1985-6. Indeed, Anini argued during his trial that he and his gang embraced violence—directed mainly against the police when he could not secured the release of his cousin arrested for armed robbery, and who was summarily executed after a huge amount of payments to member of the police. He also stated that the same police went to his businesses and looted everything (Olurode 1990).

So, violence or the threat of it, some researches show is typical of armed robbery, but also depends on the prevailing circumstances (Conklin 1972; Einstadter 1975;

Stevens 1988; Iwarimie-Jaja 1987, 1994; Wright and Decker 1997; Maree 1999). Such violence can be verbal in nature, brandishing of violent object, or the actual use of weapons or even palliative comments such as to “remain calm and avoid bloodshed” as

have discussed above. However, where resistance is encountered, or where armed robbers find it difficult to gain entrance, or have their ways as a result of certain tough security measures, or to reach their targets—a either the booties or items of worth stolen as a result of the ingenuity of the supposed victim, violence is more likely to be employed to serve as a deterrence to the other would-be-victims.