Why ODPP Will Fail On The 2nd Murder Charge Against Governor Obako, too much Prosecutorial Activism

By Charles BG Ouma

I find the 2nd murder charge against Obado jurisprudentially preposterous, ethically callous and irredeemably speculative..

Life may begin at conception.Thus says CoK 2010!, But the penal code defines the word ‘person’ restrictively. A ‘life’ is not ‘ a person’ for purposes of section 204 of the penal code.

Under our legal system, a person cannot be charged with an offence unless the same is defined and the penalty therefor prescribed by written law. Nullum crimen sine lege.

Section 214 and 216 of the penal code necessarily exclude an unborn foetus from the definition of a ‘person’ in section 204 of the penal code!

Criminal statutes are construed strictly; not broadly, not fancifully so as to bring within the ambit of statute meanings not contemplated by parliament .

Section 204 of the penal code cannot be amended through the constitution. That is the role of parliament and unless and until parliament amends section 204. to extend to the unborn, one cannot murder an unborn foetus and there is no room for prosecutorial activism in the interpretation of section 204.

Let us not wrought uncalled for violence to the meaning of the word ‘person’ as used in the penal code.

With every passing day, i get less convinced that the ODPP has a case against governor Obado and more convinced that the ODPP is callously engaging in a despicable scheme to met out as much pretrial punishment on Obado as an apparently gullible Judiciary can permit. I hope i am wrong. I fear i am right!