TRAGIC SPOUSE

Mrs Yewande Oyediran, a legal practitioner stabbed her husband, Lowo to death after an argument ensued between the couple over an allegation of infidelity, the accused was charged on one count charge of Murder , the prosecution relied on the evidence of the landlord and one other witness and the charge was reduced to manslaughter because the prosecution was unable to prove that the accused person intentionally killed the victim who happens to be her husband.

This is contrary to Section 316 and punishable under Section 319 of the Criminal Code of Oyo state, the accused was sentenced to Seven (7) years in imprisonment without an option of fine.(This sentencing raise a lot of questions which shall be addressed )

Also, Maryam Sanda stabbed her husband, Haliru Bello to death while he was sleeping over an allegation of infidelity  , the accused has been charged to court for an offence of culpable homicide

A banker Olaoluwa Adejo killed his wife, Maureen in their home in Oworoshoki area of Lagos State, their five (5) years old son, Richard gave evidence that his father forced poison known as 'otapiapia' down his mother's throat. The matter was transferred to criminal investigation department of the Panti State CID Yaba, Lagos for further investigation.

The first issue to be discussed is what is Murder ? This is an unlawful killing of another person in a manner not justified by law , an offence of Murder is punishable by death while Manslaughter is an involuntary killing of another person which can be cause mistakenly, provocation , self defense etc This reduces an offence of murder to manslaughter, and reducing sentencing from death to life imprisonment or terms of imprisonment based on the law of each state or discretion of the judge based on the evidence before him .

The second issue is whether the evidence of Richard , a five years old is enough to convict the accused for an offence of murder ,the law is that all persons shall be competent to testify unless the court considers that they are prevented from understanding the question put to them or from giving rational answers to those questions by reason of old age, tender age, unsound mind.

Thirdly, whether an evidence of a witness is sufficient to convict an accused person, the law is that evidence of a single person is enough as long as the person is a competent witness and can give credible answers to the questions put to him. A witness whether old or young is irrelevant as long as he/she was present or his privileged to have evidence.

On whether, Seven (7) years imprisonment is enough sentencing for an offence committed by the lawyer, Yewande.........the essence of imprisonment is not to damage but to reform a convict, whether a day or one hundred years the person remains an ex-convict, this judgement can also be appealed in a higher court.

On whether, Maryam Sanda can be discharged and acquitted for killing her husband on the ground that she  has a little daughter, this may serve as mitigating factor to reduce the sentencing which is even based on the discretion of the judge and how the prosecution is able to present its case before the court but never a discharge, a capital offence was committed.

SAY NO TO INFIDELITY ! SAY NO TO VIOLENCE !! SAY NO TO DOMESTIC VIOLENCE!!!

See you next Monday.

Thank you.

Oyenike Alliyu-Adebiyi