The Kano state government through
senior state counsel of the Ministry of Justice has filed fresh charges of
culpable homicide against the fourteen years old bride, Waila Umaru, who allegedly
poisoned her Thirty Five years old groom and three others in Kano State, Nigeria
in April 2014. She was said to have bought rat poison which was mixed with
drink, the groom took the drink after taking his meal, and this led to his
death and some of his guests. The suspect confessed to the crime claiming that
she did it because she was forced to marry a man she didn’t love.
The charge was
brought under Section 185(b) of the Criminal procedure Code, Section
211(1)(a-c) of the 1999 constitution of the federal Republic of Nigeria and
Section 221 of the Penal Code Law of Kano State, Nigeria.
The question now is whether Waila
Umaru can charged with culpable homicide being an under age.
i.
Whether
the 14 years old is liable for the offence she confessed to: The general
rule is that stay away from crime every person shall be liable for an offence
willingly committed, the fact that she was denied the right to choose her groom
herself is not enough ground to commit a capital offence. There is no excuse
for committing crime.
ii.
Whether a
juvenile can be imprisoned: the juvenile court is established under the
Children and Young Persons Laws of various states of the federation. They have
jurisdiction to try all offenders who are young persons. Young offenders are
persons under the age of 18years.for criminal offences children below the age of
7 years are not criminally liable; children between 7 and 12 years are only
criminally liable for the offence committed if they are found to know the
implication of the offence committed. Children between age 12 and 14years are
criminally liable for an act an omission which constitutes an offence.
iii.
A young
persons (14 but below the age of 18 years) are criminally responsible for their
acts or omissions.
Please note by
virtue of section 8(2) of the Children and Young Person Law, the trial of a
young person by the juvenile court where the penalty for the offence is death
is prohibited by the CYPL.In both instances ,the trial shall take place in the
regular court,where the penalty is death the juvenile court shall conduct
preliminary inquiry but cannot proceed to trialof the offence where the case is
established.
These are the
features of a juvenile court; these courts are not open to the general public
except officers of the court, parties to the proceedings, their legal
representatives, and accredited members of the press. It also prohibits the
publication and disclosure of the identity of the child.
A juvenile if
found guilty cannot be sentenced or
convicted instead a ‘finding of guilty’ shall be recorded and shall not be
imprisoned they are suitably dealt with in any other authorized manner such as
recognizance of good behaviour, probation, fine, or committed to an appropriate
institution or remand home.
In MODUPE V.
STATE the supreme court stated that where the evidence before the court
established that a juvenile had committed a capital offence, it would be wrong
for of any court not only to sentence him to death, but also to have pronounced
such sentence. This is also the position of the Criminal Procedure Code in
which the charge of culpable homicide is brought against Waliu.
Finally, the
new charge of culpable homicide brought before the high court as oppose the
juvenile court handling it before is in accordance with the provision of the law,
and if eventually she is found guilty of committing the offence she shall be
detained in lawful custody pending the pleasure of the Governor, this is the
decision of the court in Guobadia V State.
We wish her
the very best, i hope this serves as deterrent and lesson to others.
A crime free
Nigeria is achievable.
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