HEALTHCARE, CHILDREN AND WOMEN CONNECTED CASES IN NIGERIA – 2

KUSU V SOKOTO NATIVE AUTHORITY

Women and Healthcare, Religion and Justice Administration – Access to basic healthcare and health education – Belief in witch-craft and spells – Murder – Belief of husband and wife that a third party cast spell on the wife thereby preventing her recovery after treatment by herbalists – Brutal murder of alleged spell-caster by accused/husband – Attitude of Court thereto  – Implication for the wellbeing of women, criminality and justice administration

MORGAN V SMALLY

Women and Justice Administration/Divorce  and Healthcare – Women in Business – Award of damages against woman for fraudulently taking money from the business accounts of a company she had run with divorced husband as partner – Failure to attend trial due to post-divorce depression and arson on her home – Application to set aside adverse judgment – Request for adjournment to seek further legal advice and/or representation  which she could not afford having been denied legal aid – How treated

NTAH V QUEEN

Women in Business – Woman killed over the purchase of a basket of palm fruits – How treated

Women and Healthcare – Woman with enlarged spleen due to chronic malaria – Death arising almost immediately due to two blows landed on stomach – How treated

OBOT  V. THE STATE

Young people and Healthcare, Security and Human Rights – Child Murder – Grievous assault leading to death of a 13 year old – Access to timely and quality healthcare – Absence of – Implication for justice administration

Young people and Justice Administration:– Evidence of an eye-witness who is a legal minor – Treatment by court

OBUMSELU V COMMISSIONER OF POLICE

Children and Right to Life/Justice Administration – Young People and Healthcare – Unlawful abortion-related death of pregnant young university female – Death occasioned by assault designed to get rid of baby – Liability of boyfriend of deceased whose room was used for the act

 “What the evidence amounts to is that an attractive and popular girl of strong personality finds herself pregnant; when her lover asks what is to be done she says he shouldn’t worry, that she can look after herself, and it is not suggested that she means by this that she can bear the child without his concerning himself in the matter. Later she persuades him to allow her the use of his room, and to stay away himself, so that someone whose name she does not disclose, and who evidently wishes to keep his or her identity sec­ret, may do what is necessary to procure her miscarriage; she uses her lover’s room so that the girl with whom she shares her own room may not be in the way. There may be exceptional occasions in which a lawful operation would be carried out in this hole-and-corner way, but there is nothing to indicate that this was anything but the ordinary case of an unmarried girl getting rid of an unwanted child, and we consider that the evidence amply justified the conclusion that the operation was, to the appellant’s knowledge, unlawful.” Per Brett, FJ

OGWA NWEKE ONAH V. THE STATE

Women and Justice Administration/Healthcare – Woman arraigned for the brutal killing of another woman – Access to mental healthcare – Symptoms tending towards insanity – Where untreated – Implication for justice administration

OTOMEWO V EZEKWE

Women and Healthcare/Justice Administration – Abortion – Abortion procured by husband of deceased woman to terminate pregnancy arising from her adultery – Unlawful and felonious killing arising therefrom – How treated

UDOFA V. THE KING

Women and Healthcare Options – Murder – Unlawful abortion leading to death of woman – Access to primary and pre-natal care – Procurement of abortion through abortificient concoction prepared by a herbalist – Access to primary and pre-natal care

Women and Justice administration – Evidence –rule relating to evidence of spouse of an accused person – Whether there is need to prove monogamous marriage within the meaning of section 161 of the Evidence Ordinance (Cap. 63) or that the witness was not a “wife” as defined by section 2 of the Ordinance, and therefore a competent and compellable witness if called upon the application of the person charged – Relevant considerations thereto

UKADIKE V.THE STATE

Young women and security of lives/Justice Administration:– Young woman grievously assaulted by mentally ill brother – How treated

Women and Healthcare  – Alternative medicine practitioners and healthcare delivery system – Non-registered medical practitioner advertised as MD/physician – Attitude of courts thereto

WUSU V. WUSU

Women and Healthcare: – Motherhood and mental illness – Schizophrenia – Medical report that childbearing is known to be one of the precipitants of relapse – Medical report that woman’s breakdown was precipitated by her abortion/miscarriage – Implications for marriage, motherhood, health and justice administration – How treated by court

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