UNLAWFUL TERMINATION OF LIFE

[Olajire Deborah]

Unlawful Termination Of Life (- Murder, Manslaughter, Motor Traffic Accidents and Remedies Available)

Mr. A intentionally kills Mr. B and is charged for murder by the police. Or Mr. A unintentionally kills Mr. B and is charged for the manslaughter. Or Mr. A causes the death of Mr. B via motor vehicle accident and his charged for manslaughter for his the death. In all these instances, what is the civil right of the family or survivors of the deceased?

Most people are aware that it is wrong to take the life of another without lawful justification. So, the first thing people do in this circumstance is to report to the police. Yes, it must be reported and the police are entitled to prosecute the offender for the crime. If he is found guilty of murder, the offender may be sentenced to death, or to imprisonment if found guilty of manslaughter.

In addition to or as alternative to the criminal prosecution, the family of the deceased has a right to sue the killer and claim damages for the death of their person. They are entitled under the law to approach the high court to claim compensation for the unlawful termination of life. This is a civil proceeding entirely different from the criminal prosecution and it’s purpose is purely to compensate the family and dependants of the deceased. The civil proceedings can take place before, after or at the same time with the criminal prosecution, and the judgment in either case has little or no impact on the other.
Please note that it does not matter whether the defendant intentionally killed the victim or otherwise. It does not matter that the death resulted from motor accident, so long as the accident is as a result of the reckless or dangerous driving of the defendant. It does not also matter that the court had already pardoned or punished the defendant in a criminal prosecution.

The most important element here is that the death of the deceased must have been as the direct or indirect act or omission of the victim. It is no excuse that the deceased was already dying or about to die before the defendant’s act took place. It is irrelevant that the deceased was mentally imbalanced or already 100 years old. It makes no difference that the deceased himself requested that he be killed. The defendant will be liable once there is strong evidence to link the defendant with the death.

Remedies Available
1. The family of the deceased person is entitled to claim damages for the unlawful termination of his life.

2. They are entitled to claim the loss of earnings of the deceased. This covers the total amount the deceased would have earned were he alive. This will take into account the status of the deceased person in life, his age, his educational and/or professional qualifications, his achievements in life, his present earnings, etc. The more the person has achieved, the higher the award.

3. Damages may be claimed for loss of expectation of life. This will take into consideration the age of the deceased at the time of death and the hope that he is expected to live to a ripe old age. This claim will, therefore, be based on the number of years the victim is expected to live more in life.

4. In some circumstances, the court will take into consideration the number of the deceased children and their ages in awarding damages. Where the deceased left behind under-aged children who are still in school, damages may be awarded to cover their schooling, upkeep and maintenance until they come off age.

5. Right to life is a fundamental right guaranteed in Section 33 of the Nigerian Constitution. As an alternative to a claim for damages, the family of a victim is entitled to bring a claim under fundamental rights enforcement procedure to claim compensation for the unlawful termination of life.

• This topic was modified 5 years, 8 months ago by Olajire Deborah.

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