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Nigeria, The Law And The Public : Maryam Sanda As A Case Study - Crime - Nairaland

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Nigeria, The Law And The Public : Maryam Sanda As A Case Study by LustreChris(m): 5:46pm On Jan 30, 2020
When man agreed to coexist with his fellow man and leave solitude, he also agreed to forsake some of his basic nature for the good and harmony of the society.
The advantage of communities and society in general is that members agree to be subject to rules and guidelines by joining. Natural savage instincts are checked by the rules, laws and morals of society.
One of such instincts checked by society is Violence.
From the beginning of man’s history (some people believe as far back as the Biblical Cain and Abel) man has been prone to violence. There is the basic instinct in every human to settle quarrels and differences physically. This instinct, though not extinguished, has been tempered with the creation of society.

However, there are those that still succumb to animal instincts when offended or to settle differences with their fellow man. With the evolution of man, came the need for and creation of laws to check the savage beast deep within every man.
In Nigeria, some of such laws are the Criminal Code (applicable in the Southern States of Nigeria) and the Penal Code (applicable in all states formerly known as the Northern Region of the country). These laws were created to check crime and violence in the country.
Under these laws, it is a crime to cause or attempt to cause bodily harm or death on another person.
Under the various laws, three major criminal acts of violence are: Assault, Murder and Manslaughter

I have followed with rapt concentration the Maryam Sanda's case and the opposing views of some Nigerians, while some think the judgement is right, adversely, many equally think it is wrong.
Let us take a look at what the law prescribes in situations like this.


Section 316 of the Nigerian constitution 1999 (amended) provides that a person is guilty of murder if he/she unlawfully kills another person under any of the following circumstances:

1. If the offender intends to cause the death of the person killed or that of some other person – If Sola does an act with the intention to kill Wendy or someone else and Wendy dies because of Sola’s act, Sola is guilty of murder.

2. If the offender intends to do to the person killed or to some other person some grievous harm – If Sola does something with the intention of causing Wendy, or some other person, serious injury (like intentionally hitting him with a car), and Wendy dies because of Sola’s act, Sola is guilty of murder. It wouldn’t matter if Sola did not mean to hurt John in particular but someone else.
3. If death is caused by means of an act done in the prosecution of an unlawful purpose, which act is of such a nature as to be likely to endanger human life – If Sola robs a bank with a firearm and Wendy is shot and killed in the middle of the robbery, Sola is guilty of murder. It would not matter if Sola did not intend to hurt anybody while robbing the bank.
4. If the offender intends to do grievous harm to such person for the purpose of facilitating the commission of an offence which is such that the offender may be arrested without warrant, or for the purpose of facilitating the flight of an offender who has committed or attempted to commit any such offence.
5. If death is caused by administering any stupefying or over-powering things for either of the purposes last aforesaid – If Sola drugs Wendy for any unlawful purpose and Wendy dies from effects of the drug, Sola is guilty of murder.
6. If death is caused by willfully stopping the breath of any person for either of such purposes – If Sola suffocates Wendy for any unlawful reason, even if the intent was just to make Wendy unconscious, and Wendy dies from the suffocation, Sola is guilty of murder.
In the last three cases, it would not matter that the offender did not intend to cause death or did not know that death would likely result from the action.


Under the Criminal Code, any person who commits the offense of murder shall be sentenced to death by a court of law. Exceptions are juveniles (a person under the age of seventeen) and pregnant women. They are usually detained under the pleasure of the Governor of the state.
Having gone through the provisions of the law in a case like this, you will agree with me that
Maryam Sanda was served right.
The incident that occurred November 19, 2017 brings the woman's trial to more than 3 years before the judgement was served. The judgment however has generated mixed reactions from Nigerians.
Furthermore, the woman brought her child to the court which to me was to appeal to pity (there's a sense of hypocrisy there), she was three months pregnant when she committed the offence ,not having a second thought about the consequence of the heinous act.
Let us not claim oblivion of the fact that cases of husband killing wife or vice versa have become rampant in Nigeria in recent times.
In August, 18, 2018 one Olaoluwa Adejo tortured his wife Maureen to death, also in 2018, Mrs Udeme killed her 50 year old husband by ripping his stomach apart showing his intestine, and after, severed his genitals and put them in her hands.
On 27th of November, 2017, an Ibadan based lawyer, Yewande Oyediran was sentenced by an Ibadan based high court for stabbing her husband Lowo Oyediran to death.
On 24th, May, 2019, the police in Lagos were informed and after investigation found that a 42-year-old man, Enifeh Omomo, allegedly committed suicide after killing his wife and their six-year-old son at their Ikorodu residence.
At 8.00a.m, Ikorodu Police Station received a distress call that one Enifeh Akupa Omomo; 42, of No. 12, Eruga St., Aga-Ikorodu, allegedly killed his wife, Mrs Faith Omomo; 38 and his six-year-old son, Glorious Omomo, and thereafter committed suicide in his one-room apartment
In the same year, a 30-year-old man, Uwani Danjuma, killed his wife because she planned to re-marry after his supposed death. The incident occurred at Uddu Village in the Rijau Local Government Area of Niger State.
According to Danjuma, his late wife had told him when he was sick weeks earlier that if he dies, she will re-marry another man. Angered by those words, Danjuma attacked and killed his wife with a cutlass after he got well.
Also, sometimes in 2014, one Mr Akolade Arowolo was sentenced to death by hanging by an Ikeja High Court, sitting in Lagos State, Mr Akolade Arowolo burst into tears and began to pray.
It should be noted, however, that these are just few of many cases of similar occurrence in Nigeria. It was gathered that majority of these deaths were caused by infidelity, jealousy, disagreement or mere banters between couples.
The premises many Nigerians are presenting to protest the judgment against Maryam Sanda are 1: that Boko Haram members are rehabilitated and integrated back into the society and Maryam Sanda can also be treated in same way.
2: that women suffer abuse internally in marriage and her action is justified.
3: that she killed her husband by mistake and it could have happened to anyone.
4: that she has a young girl to cater for and sentencing her might just have made the girl traumatic while growing up.
Now, out of all the premises presented above, none can stand as an excuse in the court of law as many Nigerians have spoken out of sheer ignorance, emotion, pity and prejudice.
One of the problems bedeviling Nigeria now is hypocrisy, it was reported by the witnesses against Maryam that she had tried to stab her husband many times before the day of the incident because she suspected that he wanted to marry another wife and killed him when she saw a nude picture on her phone, she also wiped the evidence, lied that her husband fell on a shisha plate or whatever it is called, it was also reported by the police that she attempted fleeing many times. These have shown that the murder was intentional and premeditated.
If we keep attaching emotions to national issues, especially incidents bordering on law or human life, Nigeria might continue to wallow to and fro in the aqua of conundrum that will be unsolvable till eternity. Nothing justifies murder and nothing will justify it.
If the relationship/marriage is abusive, toxic, unhealthy, taxing than you can handle, unpromising, lifeless, frustrating, tiring or robbing you of your peace of mind, WALK AWAY.

#KMIXERS REFLECTS

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Re: Nigeria, The Law And The Public : Maryam Sanda As A Case Study by Hedonisst: 6:51pm On Jan 30, 2020
Tell them!

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Re: Nigeria, The Law And The Public : Maryam Sanda As A Case Study by frbona: 7:13pm On Jan 30, 2020
Domestic Violence
Another reason to be afraid of the Barbaric institution called marriage cry

1 Like

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