Whether Euthanasia/Mercy Killing is a Recognized Defence in Nigeria’s Criminal Jurisprudence

CASE TITLE:  DANLADI v. STATE (2025) LPELR-80672(SC)

JUDGMENT DATE: 7TH MARCH, 2025

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: OBANDE FESTUS OGBUINYA, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on criminal law and procedure.

FACTS:

This appeal interrogates the rightness of the decision of the Court of Appeal, Abuja Division.

In Kichikpa village, via Kafin Koro in Paikoro Local Government Area of Niger State, one Lami Danladi bathed her three-month-old baby boy, Musa Danladi, and laid him in her room. The appellant entered the room and administered a poisonous substance, popularly known as Otapiapia, on the baby. Thereafter, she passed by the baby’s mother, Lami Danladi. The baby started crying. The appellant went and brought the baby to the mother, who tried to breastfeed, but he refused to suckle. The baby was taken to the chemist and from there to the General Hospital, Kafin Koro, where he died. The appellant confessed to her husband, Danladi Shaba, the baby’s father, that she administered the poisonous substance to the baby. Danladi Shaba took the matter to their village head, who took them to the police station in Kafin Koro. After due investigation, the appellant was arraigned before the trial Court on a one-count information for the offence of culpable homicide punishable with death contrary to the provision of Section 221(a) of the Penal Code Law (as revised), Cap. 94, Laws of Niger State, 1989. The appellant pleaded not guilty to the charge.

Following her plea of not guilty, the trial Court had a full-dress determination of the case. At the end, the trial Court found the appellant guilty of the offence, convicted her, and sentenced her to death.

Dissatisfied, the appellant appealed to the Court of Appeal. After hearing the appeal, the Court of Appeal dismissed the appeal.

Still dissatisfied, the appellant appealed.

ISSUES FOR DETERMINATION:

 The Court adopted the issues formulated by the Appellant, viz.:

1. Whether the Court of Appeal was right in law when it affirmed the conclusion of the trial Court that “no evidence is on record that the statement made at the two Police Stations in the presence of these witnesses were made under any threat or were involuntary (sic) made in whatever manner” when there is evidence on record which shows that the genesis/origin of the said confession was induced and obtained by threat and intimidation from PW1 which threat and intimidation did not cease even at the times and places of -the making of exhibits B and C.

2. Considering the entire circumstances and evidence led at the trial, whether the lower Court was right to hold that there was no need for the prosecution to prove by medical evidence that the deceased died from the effect of a poisonous substance called “otapiapia” and whether the conviction and sentence of the appellant should not be set aside for lack of medical evidence establishing the cause of death of the deceased.

3. Having regard to the gaps, doubts, and paucity of evidence on record in the case of the prosecution, whether the respondent has proved the offence of culpable homicide charged beyond a reasonable doubt.

DECISION/HELD:

In conclusion, the Court dismissed the appeal.

RATIOS:

• CRIMINAL LAW AND PROCEDURE- PRINCIPLE OF CAUSATION: What the principle of causation entails
• CRIMINAL LAW AND PROCEDURE- DEFENCE(S) OF ACCUSED PERSON(S): Whether euthanasia/mercy killing is a recognized defence in Nigeria’s criminal jurisprudence
• CRIMINAL LAW AND PROCEDURE- GUILT OF AN ACCUSED PERSON: How to establish/prove the guilt of an accused person
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CULPABLE HOMICIDE PUNISHABLE WITH DEATH: Meaning and nature of the offence of culpable homicide punishable with death; ingredients the prosecution must prove to establish same
• CRIMINAL LAW AND PROCEDURE- INTENTION: Whether in law a person is taken to have intended the natural consequence of his action
• EVIDENCE- CONFESSIONAL STATEMENT: Importance of confessional statement and voluntariness of same; condition(s) for its admissibility
• EVIDENCE- CONFESSIONAL STATEMENT: Instance where a plea of non est factum will not avail an accused person
• EVIDENCE- MEDICAL EVIDENCE: Circumstance where medical evidence would not be needed
• EVIDENCE- CAUSE OF DEATH: Position of the law where the alleged break in the chain of causation involves the conduct of medical professionals
• EVIDENCE- EVALUATION OF EVIDENCE: Duty of trial Court as regards evaluation of evidence and ascription of probative value thereto; what evaluation of evidence entails
• EVIDENCE- CONTRADICTION IN EVIDENCE: When contradiction/discrepancy in a criminal matter will be held not to be fatal to the case of the prosecution
• EVIDENCE- PROOF BEYOND REASONABLE DOUBT: Whether proof beyond reasonable doubt means proof beyond all shadow of doubt; how same is attained
• EVIDENCE- CAUSE OF DEATH: Principles of law on cause of death
• JUDGMENT AND ORDER- PERVERSE DECISION: When a decision of Court is said to be perverse

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