#OBSCURELEGALFACTS by Arome Abu
OFFENCE OF WITCHCRAFT PRACTICE UNDER THE NIGERIAN
LAW.
In Nigeria, any person who by his statements or actions
represents himself to be a witch or to have the power of
witchcraft; is guilty of an offence.
PENALTY
Imprisonment for 2 years
SEE SECTION 216 & 210 Criminal and Penal Codes Act
respectively.
From the tenor of the Act, it can be inferred that a person is
not guilty based on mere accusation of being a witch as it is
commonplace in Africa. He must by his statement or action admit to
having powers of witchcraft.
In the case of SUSAN EDEH V. COP
In Bauchi State, on July 21, 2011 two individuals were brought
before the Bauchi State Chief Magistrate’s Court on
witchcraft charges.
The prosecution’s case was that the accused held a victim in
captive by witchcraft for the last four years.
The Accused persons had confessed to taking away the spirit of
the victim and giving it to a co-defendant.
This codefendant, in his testimony corroborated this confession
by stating he refused to give the spirit back because he had
received it as a payment for a debt the other codefendant owed
him.
https://www.loc.gov/law/foreign-news/article/nigeria-bauchi-state-prosecuting-two-on-witchcraft-charges/
Practicing witchcraft or possession of juju is a crime under
Section 216 Penal Code Law of Bauchi State.
The misconception that the law does not recognize the offence of
Witchcraft is common amongst lawyers and the laity. Nigerian law
recognizes and penalizes the offence of Witchcraft. What the law
does not recognize is the “Defence” of witchcraft as basis for
killing a person accused of being a witch.
The following authorities are united on this position:
(1) IHONRE V. THE STATE (1987) NWLR (Pt. 67)778
(2) Muyibi Oshinaike v. The State (1984) 10 S.C. 89 at pp.
90-91.
(3) Thamu Guyuk v. Rex 14 W.A.C.A. 353 at p.372.
(4) R. v. Konkomba 14 W.A.C.A. 236.
Arome Abu is the Managing Partner of Abu & Olaniyan
Partners.
CAVEAT: Note that this information is provided for general
enlightenment purposes and is not intended to be any form of legal
advice.
Obscure Legal Facts is an exclusive daily publication of Abu
& Olaniyan Partners.
Plot 108 Idris Gidado Way, Wuye, Abuja.
[email protected][1]
+234 803 262 2359
+234 708 1156 539.
Twitter: @abu_olaniyanLP
The Human Rights-Based Approach to
Carbon Finance NOW ON SALE— Order Your Copy!!!
written By Professor Damilola S. Olawuyi, LL.B
(1st Class), BL
(1st Class), LL.M (Calgary), LL.M
(Harvard), DPhil (Oxford) Professor of Law and
Director, OGEES Institute, Afe Babalola University, Ado Ekiti. For
more information or to order your copies, please
contact Mr. Keji
Kolawole: [email protected][3] , Tel:
+234 81 40000 988[2]
Subscribe ToNairalaw News! References ^
[email protected]
(nairalaw.com) ^ The Human Rights-Based Approach to
Carbon Finance NOW ON SALE— Order Your Copy!!!
(www.cambridge.org) ^ [email protected]
(nairalaw.com)
Read more offence-of-witchcraft-practice-under-the-nigerian-law/