OFFENCES AGAINST PERSONS: INTRODUCTION

TOPIC OF THE DAY

- HOMICIDE

- MURDER

- MANSLAUGHTER

- SUICIDE AND SUICIDE PACT

- DOMESTIC VIOLENCE

- ASSAULT AND BATTERY

- DEPRIVATION OF LIBERTY

- SEXUAL OFFENCES

- OTHER OFFENCES AGAINST PERSONS

Introduction

In Nigerian law, offenses against persons encompass a wide range of criminal acts that directly harm or threaten the physical or mental well-being of individuals. These offenses are regulated by various statutes and judicial precedents aimed at protecting the rights and safety of individuals within the society.

Homicide

Homicide refers to the unlawful killing of another human being. In Nigerian law, homicide is primarily categorized into murder and manslaughter.

Murder

Murder is the most serious form of homicide, involving the intentional and unlawful killing of another person with malice aforethought. Malice aforethought implies the intention to cause death or grievous bodily harm. See section 316 of the Criminal Code Act which provides that any person who unlawfully kills another with malice aforethought commits murder and the case of R v. Akpan (1965) NWLR 179, where the court held that the accused's deliberate actions leading to the death of the victim constituted murder.

Manslaughter

Manslaughter, on the other hand, involves the unlawful killing of another person without malice aforethought. It can occur due to recklessness, negligence, or in the heat of passion. See section 317 of the Criminal Code Act which defines manslaughter and the case of R v. Musa (2000) 5 NWLR, where the court held that the accused's reckless driving, resulting in the death of a pedestrian, amounted to manslaughter.

Suicide and Suicide Pact

While suicide is not considered a criminal offense in Nigerian law, abetting or aiding suicide is unlawful. See section 327 of the Criminal Code Act which criminalizes the act of counseling, procuring, or assisting another person to commit suicide. Furthermore, entering into a suicide pact, where individuals agree to die together, is also prohibited.

Domestic Violence

Domestic violence encompasses various forms of abuse, including physical, emotional, sexual, and economic, perpetrated within domestic relationships. See The Violence Against Persons (Prohibition) Act 2015 (VAPP Act) which provides legal frameworks for addressing domestic violence in Nigeria. See also section 1 of the VAPP Act which defines domestic violence, while Section 18 outlines penalties for offenders.

Assault and Battery

Assault involves the intentional act of causing apprehension of harmful or offensive contact, while battery involves the actual physical contact without consent. See sections 351-355 of the Criminal Code Act which provides for offenses related to assault and battery and the case of A.G Lagos State v. Dosunmu (1989) 3 NWLR, where the court held that the accused's act of slapping the victim constituted assault and battery.

Deprivation of Liberty

Deprivation of liberty refers to unlawfully confining or restricting an individual's freedom of movement. See section 360 of the Criminal Code Act which criminalizes false imprisonment or wrongful confinement and the case of Mohammed v. State (2010) 3 NWLR, where the court ruled that the accused's act of unlawfully detaining the victim amounted to deprivation of liberty.

Sexual Offences

Sexual offenses encompass a range of acts such as rape, sexual assault, and indecent assault. See The Criminal Code Act and the Violence Against Persons (Prohibition) Act 2015 which contain provisions addressing sexual offenses and section 357 of the Criminal Code Act which defines rape, while the VAPP Act provides for offenses like sexual harassment and female genital mutilation.

Other Offences Against Persons

Other offenses against persons include offenses such as kidnapping, child abuse, and human trafficking. These offenses are regulated by various statutes, including the Criminal Code Act, the Child Rights Act, and the Trafficking in Persons (Prohibition) Enforcement and Administration Act.