EXEMPTION OF WOMEN FROM CRIMINAL LIABILITY IN STATUTORY MARRIAGES IN NIGERIA (2)

Today's post is a follow-up on yesterday's post wherein I left my readers with a poser as to whether or not the fate of the woman who assaulted her neighbour in our scenario would still be the same if the assault had led to grievous bodily harm or even death. Visit www.mylegalgists.blogspot.com and see my post of 9th June, 2014 for a recap and my post of today addressing the above question.

THE LEGAL POSITION
The provision of the same section 33 of the Criminal Code Act cited in yesterday's post is not absolute as it is qualified by a clause which,  in effect, means that the wife of a statutory marriage is criminally liable for an act she was compelled to do by her husband in his presence if the act resulted grievous bodily harm or death of the victim.

In yesterday's scenario, if the act  done by the wife to her victim on her husband's instruction and in his presence resulted in a grievous bodily harm to the victim or the victim's death, the wife would face the consequences of the act while her husband would be punished as an accessory. At this level, it does not matter any longer that her husband actually commanded her to carry out the act.

Thank you for reading.

See you tomorrow.