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CRIME PROSECUTION CASES CONNECTED TO NIGERIAN CHILDREN AND WOMEN – 3

CHILDREN AND WOMEN LAW CASES WITH SUPPORT FROM AMI

LIST OF CRIME PROSECUTION CASES CONNECTED TO NIGERIAN CHILDREN AND WOMEN

[Judgments published on lawnigeria.com are freely accessible online – depending on availability. PDF copy(ies) of any, or select group or compendium of such listed judgments can be procured by emailing: info@lawnigeria.com and lawnigeria@gmail.com]

TITLE MAIN ISSUES

JOHN KHALIL KHAWAM (TRADING AS JOHN KHALIL KHAWAM & CO) V. K CHELLARAM & SONS (NIG) LTD

Women and Crime/Justice Administration/Human Rights – False imprisonment – Woman arrested on suspicion of theft by store detectives – Where handed over to police after managing director decided to prosecute – Whether store liable for false imprisonment
JOHN LEWIS AND CO. LD. V. TIMS

Women and Crime/Justice Administration/Human Rights – False imprisonment – Woman arrested on suspicion of theft by store detectives – Where handed over to police after managing director decided to prosecute – Whether store liable for false imprisonment

JOHN MAKIN AND SARAH MAKIN, HIS WIFE V. THE ATTORNEY-GENERAL FOR NEW SOUTH WALES

Babies and Justice Administration/Security – Serial baby killer – Different women entrusting babies to accused – Babies never accounted for – Corpses of babies found buried in residences of accused – Evidential issues of sustaining charge against accused
KILLA V. THE QUEEN

Children and Security/Healthcare/ Justice Administration – Child Murder – Herbalist who poisoned a 4 year old who refused to run his errand and also refused to administer an antidote despite the plea of boy’s parents – How treated

KING V. BAILEY

Children and Education/Justice Administration/SecurityChildren and Sexual Offences – Little boys in school– Principal accused of multiple indecent assault on his young charges  – Proof – Standard of corroboration required to sustain charge – How treated
KIRKHAM V. BOUGHEY

Women and Healthcare/Justice Administration/Security – Highway Accidents and effect on wellbeing of families, marriages and children – Motor Accident caused by Defendant’s negligence – Injuries occasioned to husband and wife therefrom – Where wife more severely injured than husband – Husband giving up better paying employment to care for wife and children – Whether husband is entitled to recover lost income against defendant

KOLAWOLE V. THE QUEEN

Women and Justice Administration – Wife-Killing – Husband who savagely attacked and murdered wife – Plea of insanity – Attitude of court thereto
LAURIE V. RAGLAN BUILDING CO LTD.

Women and Justice Administration – Widow Claims  – Fatal Accident occasioned by negligence of defendant lorry-driver leading to death of husband of plaintiff – Claim by widow for damages – Relevant considerations

LAYONU AND OTHERS. V. THE STATE

Women and Justice Administration/Crime – Murder – Son/husband-killing – Mother and wife as eye witnesses to the killing of son/husband – Eye witness evidence thereof – How treated by court
LEITH McDONALD RATTEN V.  THE QUEEN

Women and Justice Security of Life – 8 month pregnant wife and mother of three children shot dead in her kitchen by husband –How treated

Women and  Justice administration – Voice identification by Emergency Services Operators – Whether ‘female’ voice can be identified over the phone – Admissibility considerations in criminal proceedings – Relevant considerations

LEYIMI V. THE QUEEN

Women and Crime – Murder – Estranged lovers – Murder of relative who harbored wife after she left ran away from ‘husband’s’ home due to unresolved quarrel– Whether providing accommodation for wife and inability to secure wife’s return is evidence of provocation
LILLEY V. PETTIT

Children and Paternity/LegitimacyWomen and Adultery – Legitimacy of child – Birth registered by mother in the name of father who was fighting in the war – Admissibility of evidence sought to be tendered to show that she lied under oath – How considered by court

LIMAN V. THE STATE

Women and Justice Administration/Crime – Murder – Wife allegedly strangled to death by her co-wife – Failure of prosecution to properly prove cause of death – Effect
MACKAM V. THE QUEEN

Children and Religion/Security – Belief in witchcraft – Brutal murder of young girl accused of witchcraft by allegedly causing her mother’s death via snake bite

MADUGBA V. THE QUEEN

Children/Women and Murder – Children/Women as anonymous victims of crime committed by family member – Person accused of cutting off deceased brother’s head – How treated
MAIKUDI ALIYU V. THE STATE

Women/Children and Justice Administration –Sentencing proceedings after conviction for murder – Convicted person portrayed as a family man and sole breadwinner of the family – Whether compelling considerations during sentencing proceedings for murder attracting capital punishment

MATTHEW ONAKPOYA V. THE QUEEN

Girl-child and Security of Neighbourhood – Murder of a young girl by father’s recently discharged debtor – Security of rural families – How treated
MATTOUK V. MASSAD

Young Women and Justice administration – Rape and Sexual Offences – Alleged rape of a 15 year old by a 42 year old family friend who was married to a 17 year old – Allegation of fondling and intercourse against her will which were not reported to her parents – Subsequent pregnancy and child – Claim for expenses and loss of service consequent on the birth – Attitude of court to the uncorroborated evidence of a teenager pertaining to rape

MICHAEL AIWORO V.  THE STATE

Women/Children and Justice Administration – Murder and Domestic Violence – Husband who, with the aid of an axe, murdered his 6 month old son, mother, brother-in-law and left wife unconscious, supposing her to be dead also – How treated
MUHAMMEDU GADAM V THE QUEEN

Women and Witch-craft – Security of aged persons from extra-judicial killing – Murder – Woman aged 80 killed on the belief of having cast a spell on accused person’s wife leading to the wife’s death as a result of an infection caused by miscarriage – When trial court found that condition of deceased wife was bona fide attributed to witchcraft – How treated

NNABU V. THE QUEEN

Women and Crime/Justice Administration – Women as indirect victim of crime – Women and Law enforcement – Extra-legal killing via lynching of person suspected of stealing – Activities of dreaded cult groups/gangs and effect on women  and Families/communities – Deceased husband/son lynched by members of dreaded cult – Brave efforts of mother and wife to secure police investigation 6 months after – 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

NWABUEZE AND OTHERS V.  THE STATE

Women in Crime – Female member of armed robbery gang – Armed robbery in hotel – How treated
NWIGBOKE V. THE QUEEN

Women and Justice Administration – Murder – Cult-group inspired killings – Deceased accused, inter alia, of sleeping with wife of chief of a cult group who ordered his killing – Attitude of court thereto

NWODE V. THE QUEEN

Children/Women and Security/Justice Administration – Arson on a family home – Home set on fire with husband, wife and family members inside due to refusal of father to submit to unlawful demands of arsonists – Attitude of court thereto
NWOFIA V. THE QUEEN

Women and Justice Administration- Wife-murder – Husband/appellant afflicted with leprosy – Wife/deceased deserting him and their 10 children – Husband suing deceased in native court to return and ease burden of caring for himself and children – Court ordering wife to take care of children but to live apart from husband – Whether deceased’s desertion justifies waylaying and killing her

NWOGBAGA V. THE QUEEN

Children and Security of family LifeMurder – Cult-group killing – Trauma of family members watching helplessly the unlawful abduction of their father/spouse/breadwinner who was subsequently brutally murdered – Failure of proactive Law Enforcement – Attitude of court thereto

NWOKO V. THE STATE

Women in Crime and Justice Administration Husband killing – Wife accused of being domineering in her marriage and who kept a paramour with who she committed adultery with in and out of her matrimonial home with the knowledge of her husband – Wife finally accompanying husband to waterfront from where he never returned alive – Alleged attempt to frame others for murder – How treated by court
OBAJI V. THE QUEEN Widowhood – Women and Justice Administration/Security – Wife whose husband was killed by cult group so that she can be ‘given’ to a member of the cult – Criminal assault on individuals, families and communities – Failure of proactive law enforcement – Effect – Attitude of Court thereto

OBI V. THE QUEEN

Women and Justice Administration/Crime – Indirect victims of crimeWidowhood – Mother whose son was docked for the brutal murder of father – How treated
OBODO V. THE QUEEN

Women and Justice Administration/Security- Murder of wife of dreaded secret society Chief – Killing committed directly by the chief after his underlings refused to obey his directives to kill the wife in deference to him  – Deceased accused of poisoning her step-child to death – Failure of proactive law enforcement – Attitude of court generally

OBOT  V. THE STATE

Young people and Healthcare, Security and Human RightsChild 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 HealthcareUnlawful 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

OFIM V. THE QUEEN

Women and Justice Administration/Crime – Cult-related lynching – Silent roles played by wives of cult members – Security of community and neighbourhood – Need for effective law enforcement in communities
OGBAMGBA V. QUEEN

Women and Security/Justice Administration – Murder – Failure of law enforcement – Widowhood – Heroic wife who grappled with a knife wielding assailant of her husband with wrapper and bare hands – Police failure to act – Bystanders inspired to apprehend assailant – How treated by court

OGHARU V. THE QUEEN

Children and Security/Justice Administration – Child trafficking – Lynching of person who kidnapped and sold a child – Prosecution of young persons who carried out lynching as ordered by community’s council of elders for murder – How treated – Attitude of court to private citizens taking the law into their hands to punish child trafficking
OGIDI AND ORS. V. THE STATE

Women and Crime/Justice Administration – Security of homes and family livesArmed Robbery – Assault and trauma associated thereto – Legal burden of identifying criminal assailants – Implications for justice administration

OJEGELE V. THE STATE

Disability and Witchcraft: – Persons living with hunchback – Target for ritual purposes – Belief that a person could be made rich through human sacrifice – Concoction requiring the killing of a person with hunchback and the harvesting of body parts ( spine at the back bearing the hunch, the head, the spleen, the shoulder blades, the tip of the penis and the knee caps) – Attitude of court thereto –  – Implication for justice administration and security of women and children

OJO  V. THE STATE

Women and Justice Administration – Crime –Matricide –  Unlawful killing of mother by her son – How treated

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