Nigerian Penal Code Act

Section 220 - Culpable homicide defined.

Whoever causes death-

(a) by doing an act with the intention of causing death or such bodily injury as is likely to cause death; or

(b) by doing an act with the knowledge that he is likely by such act to cause death; or

(c) by doing a rash or negligent act, commits the offence of culpable homicide.

Illustration

(a) A lays sticks and turf over a pit with the intention of thereby causing death or with the knowledge that death is likely to be thereby caused. Z believing the ground to be firm treads on it ,falls in and is killed. A has committed the offence of culpable homicide.

(b) A knows Z to be behind a bush. B does not know it. A intending to cause or knowing it to be likely to cause Z's death induces B to fire at the bush. B fires and kills Z. Here B may be guilty of no offence.. but A has committed the offence of culpable homicide.

(c) A by shooting at a fowl with intent to kill and steal it kills B, who is behind a bush, A not knowing that he was there. Here, although A was doing an unlawful act, he was not guilty of culpable homicide as he did not intend to kill B or cause death by doing an act that he knew was likely to cause death, but he may be guilty of culpable homicide not punishable with death if, in shooting at the fowl, he acted rashly or negligently.

Explanation

A person who causes bodily injury to another who is labouring under a disorder, disease or bodily infirmity and thereby accelerates the death of that other, shall be deemed to have caused his death.

Explanation

Where death is caused by bodily injury, the person who causes such bodily injury shall be deemed to have caused the death, although by resorting to proper remedies and skilful treatment the death might have been prevented.

Explanation

The causing of the death of a child in the mother's womb is not homicide; but it may amount to culpable homicide to cause the death of a living child, if any part of that child has been brought forth, although the child may not have breathed or been completely born.

Reproduced for reference only - this is not legal advice. Legislation can be amended or repealed; verify the current authoritative text with official sources before relying on it. Report a content issue.