Ingredient(s) of the Offence of Child Destruction

CASE TITLE: IBRAHIM v. C.O.P (2022) LPELR-57112(CA)

JUDGMENT DATE: 23RD FEBRUARY, 2022

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: MUDASHIRU NASIRU ONIYANGI, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION

This appeal borders on the Offence of Child Destruction.

FACTS

This is an appeal against the judgment of the High Court of Justice Nasarawa State sitting in Lafia in Suit No. NSD/LF44C/2015 delivered by Aisha Bashir J. on the 2nd day of July 2020 wherein the Appellant, though charged on a one-count charge of culpable homicide contrary to Section 220 of the Penal Code and punishable under Section 221 of the same Law was found guilty, convicted under Section 235 of the Penal Code and sentenced to 14 years’ imprisonment.

On the 24th day of February 2015, one Musa Madaki of Angwan Riga Madaki in Mararaba was said to have reported to the B Division of the Police that on the 23rd day of February 2015 one of his subjects in the domain reported to him that he saw a woman (the Appellant) in an uncompleted building and that the said woman delivered a baby and thereafter smashed the head of the baby with a stone and threw the baby away into a nearby bush. Thereafter the suspect, (Appellant) was arrested and detained. Consequent to the conclusion of the investigation the suspect was arraigned before the High Court at Lafia Nasarawa State for an offence of culpable homicide contrary to Section 220 of the Penal Code Law and punishable under Section 221 of the same law.

Upon conclusion of the trial, the accused/Appellant was eventually found guilty of an offence of child destruction punishable under Section 235 of the Penal Code Law, convicted and sentenced to 14 years imprisonment.

Dissatisfied with the conviction and sentence, the appellant filed an appeal in the Court of Appeal.

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ISSUES FOR DETERMINATION

The Court determined the appeal based on a sole issue thus:

Whether having regard to the circumstances of this case, the Court below was right in convicting the Appellant for the offence of child destruction and sentencing her to 14 years’ imprisonment.

DECISION/HELD

In the final analysis, the Court of Appeal allowed the appeal. The judgment of the High Court of Justice Nasarawa State sitting in Lafia in charge no. NSD/LF44C/2015 delivered on the 2nd day of July 2020 Coram Hon. Justice Aisha B. Aliyu was set aside and the conviction and sentence of the Appellant were quashed.

RATIOS:

• CRIMINAL LAW AND PROCEDURE- OFFENCE(S): Ingredient(s) that must be proved to establish the offence of child destruction; effect of failure to prove the same
• EVIDENCE- STANDARD OF PROOF: Required standard of proof in criminal trials and the nature of proof beyond reasonable doubt
• CRIMINAL LAW AND PROCEDURE- DOUBT: Effect of doubt in criminal proceedings/whether doubt must be resolved in favour of the accused