Judicial Attitude To Homicide

1.0.0: Introduction

The Nigerian Criminal law is essentially contained in two codes, the Criminal Code operating in the southern part and the Penal Code operating in the Northern part of Nigeria.

Although, the Criminal Code and the Penal Code contains the bulk of the Criminal law of Nigeria and it’s the general principles, there are nevertheless, a large number of other enactments which create offences. These consist of Acts, Ordinances, Laws, Regulations, and Bye laws. A general observation which has to be is that, in the absence of specific provisions to the contrary in each statute, the general principles in the Criminal Code and Penal Code are made use of in interpreting such other statutes.

However, what makes homicide unique are, among other crimes, the uniqueness of causing personal injuries and destruction of properties are irreversible harms, causing death is a harm of different order. Killing another human being is not only a worldly deprivation, in the western assault on the sacred natural order.

Though we are inclined to think of homicide as merely the deprivation of secular interest, the historical background of desecration is essential to an adequate understanding. For example, consent is not a defence to homicide and destruction of property. The reason being that the religion conception of human life still prevails against the modern view that life is an interest that the bearer can dispose at will.

There are three prominent starting places for thinking about criminal liability. In the pattern of manifest criminality, the point of departure is an act that threatens the peace and order of the community life. In the theory of subjective criminality, the starting point is the actor’s intent to violate a protected legal interest. In the law of homicide the focal point is neither the act nor the intent, but the fact of death.

From this central point, the perspective is who can be held accountable, and in what way for the discretion of the human and divine realm. The question is never where to place the point of the legal compass, but how should the person being brought in to stand responsible for the death that has already occurred.

1.1.0: Background to the Study

Crime has been defined as acts or omission which renders the person doing the act or making the omission liable to punishment. It can also be defined as an act which is illegal or an illegal omission to act, there is legal obligation to act. Homicide is an heinous crime, which have been regarded as a grave offence from the earliest times.

It is often said that the cardinal principle of Criminal Law especially as it affects homicide generally is the maxim… Actus non facit reum nisi mens sit rea meaning an act does not make a person legally guilty unless the mind is legally blameworthy , this principle is applicable in Nigeria. The concurrence of Actus reus and Mens rea in the proof of homicide is very important.

However, the proof of mens rea (intention) has become so technical over the years that though a person accused of an offence must have had a malicious or guilty mind.

At same time the mind need not be malicious in the conventional sense.

1.2.0: Objectives of the Study

The crime homicide has become a thing of daily call in the Nigerian Courts, which calls for proper attention considering decided cases which shows the rigidity of the proof of homicide, which needs to be loosed i.e. made less rigid. Once the act (actus reus) can be proven this should be enough to convict the accused except in cases of defence of property and other defences available under lawful homicides.

The sentence for murder in Nigeria needs urgent attention especially in the aspect of death penalty because the taking of life of the person who did the act does not bring back the deceased to life, more viable punishments must be adopted.

1.3.0: Focus of the Study

The focus of this study is how the Courts treat homicide cases generally, the definition of homicide. However, this research focuses on the effectiveness of Courts in deciding cases of homicide brought before them. Also how the Courts can improve on deciding cases pertaining to homicide i.e. the Criminal Justice System in Nigeria.

1.4.0: Scope of the Study

The scope of this study covers homicide cases, the elements that constitutes, homicide the sections that that generally governs homicide, what distinguishes murder from manslaughter.

The views of jurists and learned personalities with their points and criticisms been noted with regard to past cases, and finally the Court’s opinion on homicide cases will also be reviewed and extensively discussed.