EUTHANASIA IN NIGERIA: IS IT LEGAL?

A medical doctor of international repute had been the doctor to the family of a prominent politician in the southern part of Nigerian for years before this politician was diagnosed of a terminal ailment which soon assumed a frightening dimension as the man found himself in pains which called for a quick medical intervention.Unfortunately, this medical condition defied all known medical treatments and procedures. The man's family was now at its tether's end already as it had also explored spiritual means to compliment the medical efforts which all proved abortive.This man continued to live in pains that words cannot express for several days.He soon became emaciated beyond recognition. The agony was so much that the sick man and his family members were already praying for death.

At last, as he could not bear the pains any longer, the sick man sought to be given an injection to terminate his life so that he could rest.After a lot of pressure from the sick man and his family members, the family's doctor who had declined to give such injection earlier, gave in to their demand and carried out the act.

Shortly after the man's death, his last child of about twenty nine years of age, who did not consent to the arrangement, reported the matter to the police.The doctor was subsequently arrested and taken to the police station.

After thorough investigation, it was advised that the matter be prosecuted.

If a person found himself in this doctor's shoes, what would be his fate in the circumstances?

THE LEGAL POSITION

First and foremost, it is imperative to note that the above scenario only concerns the southern part of Nigeria as taking place there.Therefore, the relevant law to be cited is only applicable in the southern part of the country. The law that readily comes to mind in this regard is the Criminal Code made pursuant to the Criminal Code Act, Cap.C.38, Laws of the Federation of Nigeria (2004).

Section 326 of the Criminal Code provides that any person, who procures another person to kill himself or counsels another person to kill himself and thereby induces him to do so or aids another person in killing himself, is guilty of a felony and is liable to imprisonment for life. Further, section 299 of the same Criminal Code provides that the consent to his own death of the person killed does not affect the criminal responsibility of the person that killed him. Therefore, the doctor would be liable to life imprisonment on conviction because of his role of aiding his own patient to take his own life.

From the above provisions of the Criminal Code, legally speaking, that  doctor in our scenario could not escape criminal responsibility for the death of his patient.The concurrence of his patient and that of his family notwithstanding. It was also immaterial that the patient's disease was a terminal one.The Nigerian criminal law as it applies in the southern part of Nigeria frowns upon taking of human lives generally.

See you again tomorrow. 

Thank you for your attention. 

DISCLAIMER: THE ENTIRE PUBLIC SHOULD TAKE NOTE THAT THE ABOVE STORY IS FICTION AND IT IS ONLY FOR EDUCATIVE PURPOSES AND IF IT, EITHER WHOLLY OR  PARTLY, BEARS ANY SIMILARITY TO THE PERSONAL EXPERIENCE OF ANY INDIVIDUAL AT ANY PLACE OR POINT IN TIME, IT IS HEREBY AFFIRMED THAT IT IS A MERE COINCIDENCE.