- WHO IS A HUMAN BEING?
- KINDS OF HOMICIDE
- LIMITATION IN THE HEAT OF WAR
- RIGHT TO LIFE
Who is a Human Being?
The legal definition of a human being in Nigeria is pivotal in determining the rights and protections afforded to individuals. According to Nigerian law, a human being is defined from conception to natural death. This means that from the moment of conception, an individual is considered a human being with legal rights and protections. This definition underscores the value placed on life and informs legal proceedings regarding issues such as abortion and homicide.
Kinds of Homicide
In Nigeria, homicide is broadly categorized into two main types: murder and manslaughter.
Murder: Murder is the intentional killing of another human being with malice aforethought. See section 316 of the Criminal Code Act (CCA) which defines murder as the unlawful killing of a person with the intention of causing death or grievous bodily harm and see the case of R v. Udo (1961) NWLR.
Manslaughter: Manslaughter, on the other hand, involves the unlawful killing of another human being without malice aforethought. It can be further classified into voluntary and involuntary manslaughter. Voluntary manslaughter occurs in the heat of passion or as a result of provocation, while involuntary manslaughter is unintentional, often resulting from negligence or recklessness. See section 317 of the CCA which provides legal definitions for manslaughter.
Limitations in the Heat of War
During times of war or armed conflict, the rules governing lawful homicide may undergo certain modifications or limitations. The Geneva Conventions and other international humanitarian laws provide guidelines on the treatment of individuals during armed conflicts. In Nigeria, the Armed Forces Act and other military regulations outline the rules of engagement and the circumstances under which lethal force may be used lawfully in combat situations. These regulations emphasize the principle of proportionality, requiring that the use of force be necessary and proportional to the threat posed.
Right to Life
The right to life is a fundamental human right enshrined in various legal instruments, including the Nigerian Constitution and international treaties ratified by Nigeria. See Section 33 of the Nigerian Constitution which guarantees the right to life, stating that "every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty." This provision underscores the sanctity of life and imposes limitations on when lawful homicide can occur.
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