By Oluwayanmife Ayobami
The foundation of the justice system is built upon the principle of ‘Innocent until proven guilty.’ When news broke about the death of Mohbad, a former singer from Marlian Records, some Netizens started spreading news that it was his former record label owner, Naira Marley, who killed him.
It is truly disheartening to see such a young and talented man as Mohbad leave this world before his true potential could be realized. But there are some elements and principles that have to be followed before Naira Marley can be arrested or charged in court. And when he is even charged in court, there are some elements to be proven before he can be punished.
According to Nigerian law, Naira Marley can only be arrested by the police for murder under some circumstances, as outlined in the Criminal Procedure Act and the Criminal Code. The specific conditions for arrest in murder cases are as follows:
- Reasonable suspicion: The police can make an arrest if there is a reasonable suspicion that Naira Marley has committed the murder offence. This suspicion should be based on credible information or evidence that indicates his involvement in the crime.
- Warrant for arrest: In this situation, the police will need to obtain a warrant from a court before arresting Naira Marley. This will only happen when there is enough evidence to convince the judicial officer that the arrest is necessary.
- Arrest without warrant: The police can also make the arrest without obtaining a warrant if they have reasonable grounds to believe that he actually mudered Mohbad because it is necessary to prevent him from escaping, concealing evidence, or endangering others.
It is important to note that the circumstances surrounding each case may vary, and the police must comply with the procedural safeguards and legal requirements outlined in Nigerian law. This includes informing Naira Marley of the reasons for his arrest, ensuring his rights are respected throughout the arrest and detention process, and providing information about the charges against him.
Also, in Nigeria, the principle of ‘Innocent until proven guilty’ is enshrined in the Constitution of the Federal Republic of Nigeria. Specifically, Section 36(5) of the 1999 Constitution states that every person charged with a criminal offence, just like Naira Marley, shall be presumed innocent until proven guilty in a court of law.
This principle ensures that individuals accused of a crime in Nigeria are given full legal protection and are not considered guilty until proven so by a competent court. It is a fundamental aspect of the Nigerian criminal justice system and guarantees the rights of individuals during legal proceedings.
Under the Nigerian Criminal Code, the elements necessary to establish the offence of murder are significant and require careful consideration.
For Naira Marley to be charged with murdering Mohbad, the following elements must be proven beyond a reasonable doubt:
a) Causation of death: It must be established that the accused which is Naira Marley caused the death of Mohbad. This can be through a direct action or by omission when there is a legal duty to act.
b) Intention or knowledge: The act causing the death must have been carried out with the intention to cause death or with knowledge that it would likely result in death. This means that the accused must have been aware of the consequences and probability of their actions causing death.
c) Absence of lawful justification: The act of causing death should not fall under any circumstances of lawful justification, such as self-defence, defence of others, or reasonable force used by law enforcement officers in the course of their duty.
Murder is considered a serious offence and carries severe penalties upon conviction. If it is proven that Naira Marley actually killed Mohbad, his punishment will be a death sentence, provided that the court is convinced that the offence was accompanied by aggravating factors.
In conclusion, the Nigerian Criminal Code sets out the key elements required for charging individuals with murder or manslaughter. The presence or absence of intention, knowledge, and lawful justification are crucial factors in determining the appropriate offence and potential penalties. Adherence to these legal principles ensures that the justice system operates fairly and respects the fundamental rights of all individuals involved.
