You Have A Right To Life Which Nobody Is Allowed To Take.

Section 33 of the 1999 Constitution (as amended) states as follows:

 “Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria.”

• Your Right To Life is a very important right guaranteed under Nigerian Constitution.
• This provision guarantees every citizen the right to life and that no life can be taken intentionally without lawful justification.
• Taking another man’s life intentionally and without lawful justification is murder which is a capital offence. In Nigeria, punishment for murder is death by hanging.
• This means, therefore, that if a person is to die by hanging or execution because he committed a criminal offence for which a court in Nigeria finds him guilty, that person cannot be said to have been intentionally deprived of his life.
• Secondly, the Constitution says no one shall be deprived “intentionally” of his life. This means there are situations when the life of another person is taken unintentionally, for example, by accident, vehicle accident, negligence, or maybe during a simple fight that results in death of one of the combatants, etc. Any of these situations will not amount to murder if it can be shown that the killer did not have the intention to kill the other person. Of course, this does not mean that the killer will go scot-free. In this instance, the offender may be guilty of manslaughter for which the punishment is imprisonment.
• Thirdly, a person cannot be regarded as having been denied intentionally of his life if he dies as a result of the use of lawful force which is “reasonably necessary”.
• Death resulting from vehicle accident is the most common means of deprivation of life. This happens where Mr. A is in control of a vehicle which results in an accident and claims the life of Mr. B. In most cases, the driver of such vehicle is not regarded as having intentionally deprived the victim of his life. In all cases, the offender would still be charged to court as an accused person and the court will determine if he was negligent in his handling of the vehicle, or if he had applied reasonable caution to prevent such an accident.
• Therefore, the driver of a vehicle would be found negligent and may go to jail if his vehicle is involved in an accident which results in the death of another person in the following situations:
  1. Failure to obey road traffic signs. A driver who fails to obey road traffic signs and a fatal accident results therefrom may not be guilty of murder, but would be held guilty of manslaughter for the death that results from the failure.
  2. Failure to put vehicle in good condition. For example, if a man drives a car with the full knowledge that the brake is bad, and such a car hits and kills another person, then the driver is guilty under the law. Though, he may not be charged for intentionally killing the person, yet he will be guilty of manslaughter.
  3. Reckless driving, which means driving without regard to other road users and which results in death to another person is manslaughter.
  4. Over-speeding and failure to observe speed limits will make the driver liable for manslaughter if death results from such over-speeding.
  5. Driving under influence of alcohol or drug which results in death is also taken as killing another person unintentionally. The charge against the offender cannot be murder but manslaughter.
  6. A man whose vehicle breaks down on an expressway, a place of heavy traffic, at night or at a bend, and he fails or neglects to display the “Caution” sign to warn other motorists, will be guilty of manslaughter if an accident resulting in death is caused by the broken-down vehicle.
  7. Whether jailed by the court or set free, the driver of such a vehicle may also be sued by the family of the deceased for compensation for the death of their loved one. This is a civil case which has no bearing on the criminal case and if found liable, the court may order the offender to pay damages (compensation) to the deceased’s family for the life that was lost. Of course, no amount of compensation can bring back the lost life. But, this will serve as a lesson to all.