OFFENCES AGAINST THE PERSON: INFANTICIDE AND SUICIDE

TOPIC OF THE DAY

- Infanticide

- Suicide

- Killing an unborn child

- Concealing the birth of a child

- Duels

- Abortion

Infanticide

Infanticide refers to the act of a mother killing her newborn child. Under Nigerian law, infanticide is distinguished from murder, acknowledging the unique circumstances and the psychological state of the mother postpartum. See sections 327 of the Criminal Code Act and section 236 of the Penal Code Act and also the case of Queen v. Itule (1961), where the defendant was a mother charged with killing her infant. The court considered her mental condition postpartum and reduced the charge from murder to infanticide, acknowledging the psychological impact of childbirth.

Suicide

Suicide is the act of intentionally causing one's own death, and attempted suicide are both criminalized under Nigerian law, although there is ongoing debate about the appropriateness of this stance. See section 327 of the Criminal Code Act and section 231 of the Penal Code Act and also the case of Osawe v. State (1961), where the appellant was convicted of attempted suicide. The court upheld the conviction, reflecting the law's stance on criminalizing attempts to take one's own life.

Killing an Unborn Child

Killing an unborn child involves unlawfully causing the death of a fetus. This is treated as a serious offence under Nigerian law, with specific legal provisions addressing this crime. See section 328 of the Criminal Code Act and section 235 of the Penal Code Act and also the case of R. v. Edgal (1938), where the defendant was convicted of killing an unborn child through violent actions against the pregnant mother. This case highlighted the serious nature of this offence and the legal protections afforded to the fetus under Nigerian law.

Concealing the Birth of a Child

Concealing the birth of a child involves hiding the birth, typically to avoid detection of the child's death or related offences. See section 329 of the Criminal Code Act and section 237 of the Penal Code Act and also the case of Queen v. Ashiru (1961), where the defendant was charged with concealing the birth of a child. The court focused on the intent to conceal the birth to obstruct justice, emphasizing the law's objective to prevent the covering up of infanticide or suspicious stillbirths.

Duels

Dueling is an arranged combat between two individuals with deadly weapons, this is illegal under Nigerian law. Although it is rare in modern times, the law explicitly prohibits this practice. See section 86 of the Criminal Code Act and section 

108 of the Penal Code Act.

Abortion

Abortion is highly restricted in Nigeria and is only permitted under certain circumstances, primarily to save the life of the mother. The legal provisions are stringent, reflecting the country's stance on the sanctity of life. See sections 228 - 230 of the Criminal Code Act and sections 232 - 236 of the Penal Code Act and also the case of Queen v. Amalu (1954), where a medical practitioner was convicted for performing an illegal abortion. The case reinforced Nigeria's strict stance on abortion, with severe penalties for those who violate these laws.