Husband Found Alive After the Conviction of Wife for Murder: Wrong Conviction & Subsequent Crime. Daily Law Tips (Tip 825) by Onyekachi Umah, Esq., LL.M, ACIArb (UK)
Introduction:
If you frequent the streets of social media, from the WhatsApp Avenue to the Facebook Crescent, then from the Instagram Boulevard to the Telegram Close, you may have come across a legal puzzle about an alleged dead husband, that was later found alive after his wife was imprisoned for killing him (the husband). The puzzle also has it that the wife went on to kill the husband since she had served a prison term for killing the husband. The puzzle then calls on readers to decide the fate of the wife of the Puzzle under the laws.
As a Legal Awareness Expert and a frequent rambler on the streets of social media, I have received numerous requests from the public, including lawyers, to share my opinion on the puzzle. So, this work is my opinion on the puzzle. It will focus on the rights and obligations of the wife, the husband, and the government under Nigerian criminal law.
The Puzzle:
The puzzle is reproduced below. There are several versions of the puzzle and I have chosen this since it appears to be detailed. It is hard to tie the puzzle to any single person, hence, there is no credit to any person. The owner is free to contact me for due credit. Here is the puzzle;
#UNUSUAL if you think you know the LAW, please come and answer.
A woman was accused of killing her husband, his body was never found and she was sentenced. Years after serving her prison sentence, she discovered that the man was living with another woman.
She went and shoot the man several times and he was dead for real this time around and she was arrested again for the same murder on the same person.
As a judge, what will you do? will you view the case as a new murder or will you view it as a crime she has already served?
🤔🤔🤔
My Answer:
First of all, I will assume and pretend that this puzzle is factual. This will stop my latent thinking nature that may further expand the puzzle. I will also close my senses to sentiments and public opinion but open my heart to the law (criminal law) and justice, so help me God.
- What are the Issues?
The major issues to consider in the puzzle are; There is a Wife, a husband, and the government (a prosecutor, a court and the prisons). When the husband of the Puzzle got missing, the government with their evidence probably proved that his wife of the Puzzle killed him (the husband) and disposed of the body of the husband. Consequently, the court of law found the wife guilty beyond reasonable doubt and convicted her for the murder of her husband. After the wife finished serving her term in the prisons (Correctional Center), she found her allegedly dead husband alive. The wife has now killed the husband and she has again been brought to the court for justice.
- The First Crime:
The killing of a human being (murder/manslaughter) is a crime across Nigeria. Hence, it is a crime for a wife to kill her husband. However, every suspect is presumed to be innocent until proven to be guilty. This means that a wife that is suspected to have killed the husband is presumed to be innocent of the crime until a court of law declares such a wife guilty. It is the duty of the government (through the law enforcement agencies) to investigate crime, including the killing of a husband by the wife. Where there is evidence to prove that a wife killed the husband, the wife will be taken to court to stand trial.
Courts are headed by judges, judges are bound by law and fact. Since a judge is not an investigating officer or an eyewitness to a crime, a judge is expected to listen to the government (the Prosecuting Officers or Private Prosecutors). Also, the court must listen to the accused person (defendant), evaluate facts from all sides and then apply the law. So, where a judge finds compelling evidence proving that a wife killed her husband beyond a reasonable doubt, (whether the wife truly killed or not) the wife may be convicted. Criminal cases are based on proof beyond reasonable doubt and not beyond ALL doubts, hence, there is are chances that a judgment may be wrong.
Judges are not omniscient, they do not see in secret. Judges are mere mortals with the knowledge of the law, who are privileged to decide the fate of men, based on facts presented before them. At this point, it is safe to presume that the wife of the Puzzle was investigated and prosecuted for killing her husband of the Puzzle. And, at the end of the trial, the court of the Puzzle relying on facts adduced before it and the laws of Nigeria, found the wife of the Puzzle guilty. Following the conviction of the wife of the Puzzle, the wife of the Puzzle served her term in the prisons.
In Nigeria, the punishment for murder/culpable homicide punishable with death (intentional killing) is death and the punishment for manslaughter/culpable homicide not punishable with death (unintentional killing) is imprisonment. So, the probable reason for the wife of the Puzzle to exit the prisons is that she served her full term or the President of Nigeria, or a Governor a State or the Chief Justice of Nigeria or a Chief Judge of a State granted her pardon. This probably reduced her years in prisons and she exited the prisons upon completion of the years.
- The Last Crime:
The wife of the Puzzle has exited the prisons, having served a term for killing her husband of the Puzzle. The wife of the Puzzle could leave the prisons as a reformed woman or a hardened criminal. Well, her life after being in the prisons will show what the Prison has made out of her, soon.
Just when the wife of the Puzzle is preparing to face her remaining life, she learns that her allegedly dead husband is alive. Yes, years later, she found out that her husband of the Puzzle (that was presumed dead and that caused her to waste years in prison) is still alive. The husband is alive and enjoying life with another woman.
At this point, the wife of the Puzzle could have engaged a good lawyer and head to the courts to get compensation against the government. The government had investigated and suspected her wrongly for the death of a rather living person. The government had also prosecuted and found her guilty for killing a rather living person. Hence, the government has failed in its duty to protect citizens and their fundamental human rights. With or without the collaboration of her husband of the Puzzle, the wife of the Puzzle can get huge financial (monetary) compensation and written apology as damages from the government.
Well, can money and apology bring back lost years? If one pays a price for a product/service, it is not only logically that the person takes delivery of the product/service? The answers to these questions probably spurred the wife of the Puzzle to now kill her husband of the Puzzle. Yes, the wife of the Puzzle having severed her term in the prisons for allegedly killing her husband of the Puzzle (while the said husband was not dead), felt that she could then kill her husband of the Puzzle. The wife of the Puzzle probably felt that having paid the price for murder, that being convicted the second time for the murder of a man that she already served a term for killing is double jeopardy (being tried and punished more than once for the same offence).
Well, I disagree with the wife of the Puzzle. Where there is a right, there is a remedy. The wife of the Puzzle has the right to live freely but when this right was wrongly limited by the government, the wife of the Puzzle then had another right to seek compensation for being wrongly convicted for a crime she never committed. This would have settled the equation in favour of the wife of the Puzzle.
However, the wife of the Puzzle was up to something else. She would not wait for the courts to give her justice for her wasted years. She rather took her pound of flesh by killing her husband of the Puzzle. Her hands are now stained. The wife of the Puzzle can be rightly investigated, suspected, prosecuted and convicted for NOW killing her husband of the Puzzle. However, the earlier conviction of the wife of the Puzzle and her serving a term in the Prisons does not stop her from seeking compensation from the government for her earlier wrongful conviction.
Conclusion:
- For every crime, there is a punishment. Where there is a wrongful conviction and even the waste of years in prisons, the victim can seek compensation from the government.
- The laws in Nigeria have no room for any person to take laws into his/her hands. Any person that is wronged should engage a lawyer and the lawyer will seek appropriate legal remedies in court.
- Government must work hard to ensure that citizens do not lose fate in government and her institution (including the courts and law enforcement agencies).
- Where citizens are wrongly convicted and they don’t believe that justice will find them, such citizens will commit crimes, again and again. The decision of the wife of the Puzzle to kill her husband after finding the husband alive could be due to poor reformation and reintegration programs by the government in the Prisons. It could also be due to a justifiable lack of trust in the government, that government will pay compensation.
Authorities:
- Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 318, 319 and 320 as well as the First and Fourth Schedules to the Constitution of the Federal Republic of Nigeria, 1999.
- Sections 1, 2 and 316 of the Criminal Code Act 1916
- Sections 1, 2 and 220 of the Penal Code Act, 1960
- Judgment of the Supreme Court of Nigeria (on whether a defendant can be convicted where there is no corpse) in the case of THE STATE v. ALI AHMED (2020) LPELR-49497(SC)
- Judgment of the Supreme Court of Nigeria (that criminal convictions are based on proof beyond reasonable doubt) in the case of EDET ASUQUO BASSEY v. THE STATE (2012) LPELR-7813(SC)
- Judgment of the Supreme Court of Nigeria (on what determines if an offence is a capital offence) in the case of AMINU SADIQ OGWUCHE v. FEDERAL REPUBLIC OF NIGERIA & ORS (2020) LPELR-52523(SC)
- Onyekachi Umah, “14 Facts About Compensation And Victimology In Criminal Justice In Nigeria” (com, 17 December 2019) <https://sabilaw.org/14-facts-about-compensation-and-victimology-in-criminal-justice-in-nigeria-daily-law-tips-tip-480-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 3 December 2020
- Onyekachi Umah, “ChannelsTv Interviews Onyekachi Umah on Rape and the Laws.” (com, 20 November 2020) <https://sabilaw.org/channelstv-interviews-onyekachi-umah-on-rape-and-the-laws/> accessed 2 December 2020
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- Onyekachi Umah, “Can A Woman Be Charged With Rape” (LearnNigerianLaws.com, 24 June 2020) <https://sabilaw.org/can-a-woman-be-charged-with-rape-daily-law-tips-tip-595-by-onyekachi-umah-esq-ll-m-aciarbuk/> accessed 20 April 2021
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- Onyekachi Umah, “When Is Seduction Or Indecent Dressing A Justification For Rape In Nigeria?” (LearnNigerianLaws.com, 18 June 2020) <https://sabilaw.org/when-is-seduction-or-indecent-dressing-a-justification-for-rape-in-nigeria-daily-law-tips-tip-591-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 20 April 2021
- Onyekachi Umah, “New Punishment For Rape In Nigeria” (LearnNigerianLaws.com, 23 June 2020) <https://sabilaw.org/new-punishment-for-rape-in-nigeria-daily-law-tips-tip-594-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 20 April 2021
- Onyekachi Umah, “Rape Cannot Be Settled Out Of Court (No Room For Pay-Off/Forgiveness/Withdrawal Of Complaints” (LearnNigerianLaws.com,26 June 2020) <https://sabilaw.org/rape-cannot-be-settled-out-of-court-no-room-for-pay-off-forgiveness-withdrawal-of-complaints-daily-law-tips-tip-596-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 20 April 2021
- Onyekachi Umah, “A Female Too, Can BE Guilty Of Rape” (LearnNigerianLaws.com, 13 December 2018) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-248-a-female-too-can-be-guilty-of-rape-in-nigeria/> accessed 20 April 2021
- Onyekachi Umah, “Ages At Which Sexual Intercourse With Consent Will Amount To Rape” (LearnNigerianLaws.com, 20 February 2020) <https://sabilaw.org/ages-at-which-sexual-intercourse-with-consent-will-amount-to-rape-daily-law-tips-tip-509-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 20 April 2021
- Onyekachi Umah, “How To Prove Rape In Nigeria).” (LearnNigerianLaws.com, 2 July 2019) <https://sabilaw.org/how-to-prove-rape-in-nigeria-daily-law-tips-tip-363-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 20 April 2021
- Onyekachi Umah, “Can a Married Woman Inherit Her Parents’ Property?”, (LearnNigerianLaws.com, 27 March 2020) <https://sabilaw.org/can-a-married-woman-inherit-her-parents-property-daily-law-tips-tip-535-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 20 April 2021
- Onyekachi Umah, “Female Genital Mutilation/Cutting/Elongation, Breasts Ironing And Forced Marriage Are Now Criminal Offences In Nigeria” (Daily Law Tips [443]) <https://sabilaw.org/female-genital-mutilation-cutting-elongation-breasts-ironing-and-forced-marriage-are-now-criminal-offences-in-nigeria-daily-law-tips-tip-443-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 20 April 2021
- Onyekachi Umah, “Harmful Widowhood Practices (Traditions) Are Illegal In Nigeria” (Daily Law Tips [Tip 589]) <https://sabilaw.org/harmful-widowhood-practices-traditions-are-illegal-in-nigeria-daily-law-tips-tip-589-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 20 April 2021
- Onyekachi Umah, “Forceful Isolation/Separation Of Family Members/Friends Is Now An Offence In Nigeria” (Daily Law Tips [356]) <https://sabilaw.org/forceful-isolation-separation-of-family-members-friends-is-now-an-offence-in-nigeria-daily-law-tips-tip-356-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 120 April 2021
- Onyekachi Umah, “Abolished Anti-Women Custom of Onitsha People of Anambra State, Nigeria” (LearnNigerianLaws, 10 March 2020) <https://sabilaw.org/abolished-anti-women-custom-of-onitsha-people-of-anambra-state-nigeria-daily-law-tips-tip-522-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 20 April 2021
- Onyekachi Umah, “Citizen By Marriage Is Discriminatory and Against Nigerian Women”, (LearnNigerianLaws.com, 14 September 2020) <https://sabilaw.org/citizen-by-marriage-is-discriminatory-and-against-nigerian-women/> accessed 20 April 2021
- Onyekachi Umah, “Abolished Anti-Women Custom of Yoruba People of Nigeria”, (LearnNigerianLaws.com, 11 March 2020) <https://sabilaw.org/abolished-anti-women-custom-of-yoruba-people-of-nigeria-daily-law-tips-tip-523-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 20 April 2021
- Onyekachi Umah, “Can a Married Woman Inherit Her Parents Property?” (LearnNigerianLaws.com, 27 March 2020) <https://sabilaw.org/can-a-married-woman-inherit-her-parents-property-daily-law-tips-tip-535-by-onyekachi-umah-esq-llm-aciarbuk/> accessed 20 April 2021
- Onyekachi Umah, “Approval For Marriage Of Female Officers/Staff Is Unconstitutional and Discriminatory”, (LearnNigerianLaws.com, 23 September 2020) <https://sabilaw.org/approval-for-marriage-of-female-officers-staff-is-unconstitutional-and-discriminatory/> accessed 20 April 2021
- Onyekachi Umah, “It Is An Offence To Chase Out Wife/Husband From A Home Or Even Attempt To Do So” (LearnNigerianLaws.com, 17 May 2019) <https://sabilaw.org/it-is-an-offence-to-chase-out-wife-husband-from-a-home-or-even-attempt-to-do-so-daily-law-tips-tip-333-by-onyekachi-umah-esq-llm-aciarb-uk/> accessed 20 April 2021
- Onyekachi Umah, “Examining Brutalization of House Helps in Nigeria. (An Exposé on Anti-Cruel Labour Laws in Nigeria)” (LearnNigerianLaws.com, 3 August 2020) <https://sabilaw.org/examining-brutalization-of-house-helps-in-nigeria-an-expose-on-anti-cruel-labour-laws-in-nigeria-daily-law-tips-tip-623-by-onyekachi-umah-esq-ll-m-aciarbuk/> accessed 27 April 2021.
- Onyekachi Umah, “11 States That Do Not Protect Children In Nigeria” (LearnNigerianLaws.com, 31 May 2021) <https://sabilaw.org/11-states-that-do-not-protect-children-in-nigeria/> accessed 31 May 2021.
- Onyekachi Umah, “Government Can Lawfully Violate Human Rights: The Case of Twitter vs. Nigeria” (LearnNigerianLaws.com, 9 June 2021) < https://sabilaw.org/government-can-lawfully-violate-human-rights-the-case-of-twitter-vs-nigeria/> accessed 9 June 2021
- Onyekachi Umah, “Human Rights That Are Truly Absolute And Untouchable In Nigeria” (LearnNigerianLaws.com, 10 June 2021)<https://sabilaw.org/human-rights-that-are-truly-absolute-and-untouchable-in-nigeria/> accessed 11 June 2021
- Onyekachi Umah, “Adultery Is Not An Offence In All States In Nigeria” (LearnNigerianLaws.com, 19 October 2018) <https://sabilaw.org/daily-law-tips-by-onyekachi-umah-esq-tip-209-adultery-is-not-an-offence-in-all-states-in-nigeria/> accessed 11 June 2021.
- Onyekachi Umah, “Compulsory Treatment of Victims of Gunshot Wounds in Public and Private Hospitals in Nigeria” (LearnNigerianLaws.com, 18 May 2018) <https://sabilaw.org/compulsory-treatment-of-victims-of-gunshot-wounds-in-public-and-private-hospitals-in-nigeria/> accessed 16 June 2021
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One Response
IAwareness of basic criminal and civil laws is important to general public. Government must use media houses to disseminate aweness of basic principles of law constantly so that incident of presumed issue might not occur. At this presumed incident the conviction based on circumstantial evidences, being that neither the body of deceased husband could be presented nor the nature of physical harm or any matter leading to the death of husband had been shown in court. Such crime should be proof beyond reasonable doubt. By observing punishment so far attached to commission of such offense is a decisive matter and capital. Evidence showing that the husband is not found did not make a wife guilty unless there is an evidence that certain things happened between the couple that led to death or disappearance of the husband.
The presentation is an awareness of basic principles of Nigeria laws. Government is public domain. It is her duty making public to know and aware of existing laws and regulations.