Judiciary
A Senior Advocate of Nigeria, Dr Monday Ubani, says the consent of a dying patient can never justify euthanasia under Nigerian criminal jurisprudence.
The News Agency of Nigeria (NAN) reports that euthanasia, also known as mercy killing, is the intentional and painless termination of a patient’s life to end severe suffering or terminal illness.
Ubani, Special Adviser to the Senate President on Legal Matters, told NAN on Wednesday that debates surrounding euthanasia had generated intense controversy worldwide for a long time.
He said supporters argued that euthanasia offered a dignified exit for persons suffering from terminal illnesses and unbearable pain.
According to him, opponents contend that it undermines the sanctity of human life and creates opportunities for abuse.
Ubani said the critical legal question was whether euthanasia could be distinguished from murder under the Nigerian legal system.
He explained that under Nigerian jurisprudence, euthanasia remained unlawful and could amount to culpable homicide or murder, regardless of the motive behind the act.
“Our Criminal Code, applicable in Southern Nigeria, and the Penal Code, applicable in Northern Nigeria, place a high premium on the protection of human life.
“Both legal codes do not recognise the consent of a victim as a defence to homicide.
“Consequently, where a person intentionally causes the death of another, even at the victim’s request and to end suffering, the act may still constitute murder.
“It may also amount to culpable homicide punishable with death,” he said.
Ubani, however, noted that the distinction between euthanasia and conventional murder lay mainly in motive rather than legal consequence.
He said a typical murder case might be driven by malice, revenge, greed or other unlawful considerations.
According to him, euthanasia is often motivated by compassion and a desire to relieve the suffering of a patient.
He, however, stressed that criminal law generally focuses on the intentional act of causing death rather than the benevolence of the motive.
“A good motive does not necessarily excuse an unlawful act,” he said.
Ubani distinguished between active and passive euthanasia.
He said active euthanasia involved deliberately performing acts intended to end a patient’s life.
Ubani said such conduct would almost certainly amount to culpable homicide or murder.
“Passive euthanasia, on the other hand, involves withholding or withdrawing extraordinary medical treatment where recovery is medically impossible and death imminent,” he said.
Ubani advised healthcare providers to proceed with extreme caution and within established ethical and professional guidelines in such matters.
“Until the law is amended in Nigeria, compassion cannot override the express provisions of our criminal laws.
“The sanctity of human life remains the cornerstone upon which Nigeria’s homicide laws are built,” he said. (NAN)
F.O
Tags: Dying Patient’s consent Euthanasia