Skip to main content

A Rejoinder To “Stray Bullet Murder: The Owerri Episode And The Position Of The Nigerian Law”





A Guest Post By
E.S.O. Ogholaja,
Delta State, Nigeria



An African adage says that when a person throws a stone in the open market, the stone may hit his father on the head. The Owerri saga is not only touching but it has raised much dust in the already troubled Nigerian polity as it concerns proving the offence of murder.
While we admire and respect the views of Ehiwe O. Sam on this matter in his article, we cannot agree with him. The fons et origo of our view is rooted in the following reasons:
Firstly, it is our view that it is the offence of murder and not manslaughter that was committed in the Owerri saga. Our position is judicially backed by the case of Uguru V. State (2007) 9 NWLR (pt. 771) at p. 90 where the court held that for the offence of murder to be established, the following elements must be present:
The victim is dead
The death of the victim was caused by the act(s) of the accused person
Death was a probable consequence of the act of the accused person.
A similar decision was reached in Nwosu V. State (1998) 8 NWLR (Pt. 562), Adekunle v. State (2006) 6 NWLR (pt. 534) and a plethora of other cases. Now, juxtaposing the above mentioned elements with the facts enunciated in the Owerri saga, the following conclusion will be arrived at:
The boy is dead judging from pictures and videos available to us and everywhere in the media
It is also an open fact that the boy’s death was caused by the sinister and corrosive bullet oozing from the rustic gun of one of the soldiers employed by Governor Rochas to cleanse the market.
We admit that the third element is legally problematic however; it is our submission that shooting sporadically in an open market constitutes an intention to kill. The proviso to section 24 of the Criminal Code of Nigeria is to the effect that one will be held liable for an offence if the intention (no matter how little it is) is coupled with the physical actions. In the celebrated case of Mancini v. DPP (1942) AC, the court held that the offence of murder is said to have been completed where the cause of death is a probable consequence of the act of the accused person. This case was quoted with approval in the Nigerian case of Iromantu v. State (1964) 1ALL NLR 311. Hence we humbly submit that shooting sporadically in an open market constituted enough intention to kill which acted as causation to the death of the boy. It is on this note that we find it difficult to agree with Ehiwe that manslaughter will be the most appropriate offence to link the Owerri saga.
In conclusion, if not for the immunity enjoyed by the governor, he would have been dancing in the cork tile where a charge of murder is the master of ceremony.

Comments

Lambonation said…
This comment has been removed by the author.

Popular posts from this blog

Nigerian Bar Association: A Body in Dire Need of Corporate Governance

By Peter Akinnusi At this year’s National Executive Council, NEC meeting of the Nigerian Bar Association, NBA in Ilorin, Kwara State, the President of the NBA, Abubakar Balarabe Mahmoud (SAN), seemed hard-pressed to stress the need to introduce corporate governance and efficient structural management at the Bar.This much has been apparent for quite a while now. He had previously engaged leading consulting firm, KPMG, to carry out an audit, and the report which was presented at the very same NEC meeting did not make for palatable reading. It highlighted the apparent lack of corporate governance culture in the NBA, and how much the NBA was riddled with structural defects ranging from blurred hierarchical lines to less-than-ideal financial and revenue management, as well as anaemic standards for staff job descriptions, evaluation, and training.In other words, the need to inject corporate governance into the NBA has been long overdue. However, this is not the time to dwell

The Career Woman

By Nwokocha Chidinma Grace Lagos, Nigeria. Laura paced up and down the well- furnished room that served as her office. She had just received a distress call from the British High Commission in Nigeria which threw her into a melancholy. Laura Smith was one of the most prominent women in Nigeria and indeed West Africa. She owned one of the best law firms in the country and was doing very well in Legal practice before she was elevated to the bench and decided to relinquish the management of the firm to next most senior lawyer in the firm. Her law office has trained many successfully lawyers who have risen to enviable heights in the profession some of whom are revered judges and senior advocates of Nigeria. She was therefore what one would correctly call a successful woman. But Laura had one challenge and this was the source of all her worries –her immediate family. Laura got married to Mr. Kingsley Smith about 25 years ago and the marriage is blessed with 2 Children –a boy

Of Love, Betrayal And Breach Of The Law.

 By Ayuk Kure, Lagos Nigeria. Mbanefo turned 28 on January 3rd 2017. The birthday which he marked on the Buguma Beach in Port Harcourt, Rivers State had in attendance men of different pocket sizes and colour. The rich, the very rich and the super rich were all there.  The Mongoloid, the Caucasoid, the white and the black were the colours represented at the event. Love filtered in the air, music played mildly in the background and enticing dishes saluted one on entry to the venue. It was such a beautiful night. The activities of the night commenced in earnest with MC Mango anchoring the show. He was astonishingly funny and all the ladies laughed and laughed till their tears began to wash off their make ups. The guys on the other hand could not contain their laughter as they laughed heartily holding their bellies like pregnant women about to deliver. It was such a beautiful night in deed. When MC Mango noticed that his jokes were beginning to tell on his listeners’ ribs, he