UNLAWFUL HOMICIDE

TOPIC OF THE DAY

- DEFINITION

- OBSERVATIONS ON DEFINITION

- STATE ALLEGIANCE AND ALIEN ENEMY

- FELONIOUS HOMICIDE

Definition

Unlawful homicide refers to the illegal killing of one person by another, where the act does not fall under the umbrella of justifiable or excusable homicide. In Nigeria, unlawful homicide is primarily governed by the Criminal Code and the Penal Code, depending on the region.

Observations on Definition

Unlawful: The act of homicide becomes unlawful when it is not justified by law. This means that the killing is not done in self-defense, defense of others, or in accordance with any other legally recognized justification.

Intent: Intent plays a crucial role in determining unlawful homicide. It distinguishes between murder and manslaughter. Murder involves the deliberate and premeditated killing of another person, whereas manslaughter involves killing without premeditation or with diminished capacity.

Causation: There must be a causal link between the actions of the perpetrator and the death of the victim. This element is essential in establishing criminal liability.

Mens Rea: In many cases of unlawful homicide, the prosecution must prove the presence of mens rea, or a guilty mind, on the part of the perpetrator. This includes the intention to cause harm or recklessness regarding the potential consequences of one's actions.

State Allegiance and Alien Enemy

In Nigerian law, the concept of state allegiance and alien enemy may come into play in cases of unlawful homicide, particularly during times of war or conflict. The allegiance to one's country and the status of the victim or perpetrator as an alien enemy can influence the legal proceedings and potential consequences of the crime. See section 44 of the Criminal Code Act which provides for the defense of military necessity, which may apply in cases where a killing occurs during armed conflict. This section outlines the circumstances under which the killing of an enemy combatant may be considered lawful and the case of R v. Tawiah (1954) NRNLR 93 where the court considered the applicability of state allegiance and the status of the victim as an alien enemy. The defendant, Tawiah, was a soldier who killed an enemy combatant during wartime. The court had to determine whether the killing constituted unlawful homicide or was justified under the laws of war.

Felonious Homicide

Felonious homicide refers to the unlawful killing of another person with the intent to commit a felony. In Nigerian law, felonious homicide is treated as a serious offense and carries significant penalties upon conviction. See section 222 of the Criminal Code Act which defines felonious homicide and outlines the penalties for this offense. It establishes that anyone who commits felonious homicide is liable to suffer death as punishment and the case of R v. Adimora (1976) 11 SC where the defendant, Adimora, was charged with felonious homicide for killing a security guard while attempting to rob a bank. The court found Adimora guilty of felonious homicide, emphasizing the connection between the killing and the underlying felony of robbery.