CAN THE USE OF FETISH MEANS TO KILL ATTRACT CRIMINAL PROSECUTION IN THE SOUTH WESTERN NIGERIA?

Good morning, friends.
A young man in the south western part of Nigeria has been accused of striking his neighbour dead with a charmed ring.As the police are now through with their investigation, the stage is now set to charge him for the murder of his victim.His counsel has assured his client's people that the prosecution in this case cannot succeed as criminal law in Nigeria does not recognize African charms otherwise called 'juju'.Do you think the counsel can succeed in defending his client?

THE LEGAL POSITION
Prosecution of criminal offences,especially capital offences requires physical connection between the accused person and the crime he is being tried for.Although certain provisions of the relevant law forbids the use or sale of 'juju' but the law seems to be silent on the direst use of charms to physically harm or kill someone.The prosecution must establish in the above scenario that the victim that actually died as a result of being hit by the accused person.The standard of proof here is such that even whether or not the accused person used a charm in the process, it has to be established that the victim died as a result of being hit physically by the accused person.

In that instance, therefore, there must be a medical proof that the death of the victim actually resulted from his being hit by the a cussed person.It is important to note that the law does not recognize charms as being capable of killing a person but if a link can still be established between the deceased death and the physical assault he sustained from the accused person, the accused person shall be found guilty. However,  if such nexus cannot be established, the accused cannot be convicted on the strength of mere allegation or accusation that he killed the deceased with a charm.

See you tomorrow.

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