A Senior Advocate of Nigeria, Dr Monday Ubani, has said that the consent of a dying patient cannot serve as a legal defence for euthanasia under Nigerian criminal law.
Ubani said Nigerian law does not recognise mercy killing as lawful, even when the patient requests it due to terminal illness or severe suffering.
He spoke on Wednesday while commenting on the legal position of euthanasia in Nigeria.
Euthanasia, often described as mercy killing, refers to the intentional ending of a patient’s life to relieve severe pain or suffering from an incurable condition.
Ubani, who is Special Adviser to the Senate President on Legal Matters, said the issue has remained controversial across the world.
According to him, supporters of euthanasia argue that it allows terminally ill patients to die with dignity.
He said opponents, however, believe the practice undermines the sanctity of human life and could create room for abuse.
Ubani said the major legal question is whether euthanasia can be separated from murder under Nigeria’s justice system.
He explained that under Nigerian criminal jurisprudence, euthanasia remains unlawful and may amount to murder or culpable homicide.
According to him, the motive behind the act does not remove its criminal character where one person intentionally causes the death of another.
Ubani said the Criminal Code, which applies in Southern Nigeria, and the Penal Code, which applies in Northern Nigeria, both place strong emphasis on protecting human life.
He noted that neither law recognises the consent of a victim as a defence to homicide.
The senior lawyer said a person who intentionally ends another person’s life, even at the request of the victim, may still face serious criminal liability.
He added that such conduct could attract punishment for murder or culpable homicide, depending on the applicable law and facts of the case.
Ubani explained that the difference between euthanasia and ordinary murder is often found in the motive rather than the legal consequence.
He said conventional murder may be driven by malice, greed, revenge or other unlawful intentions.
Euthanasia, he noted, is usually motivated by compassion and the desire to end a patient’s suffering.
However, Ubani stressed that criminal law focuses mainly on the intentional act of causing death, not only the reason behind it.
According to him, a compassionate motive does not automatically excuse an unlawful act.
He also distinguished between active and passive euthanasia.
Ubani said active euthanasia involves a deliberate act intended to end a patient’s life.
He said such conduct would almost certainly be treated as murder or culpable homicide under Nigerian law.
Passive euthanasia, on the other hand, involves withholding or withdrawing extraordinary medical treatment where recovery is medically impossible and death is imminent.
Ubani advised medical practitioners to act with extreme caution in such circumstances.
He said healthcare providers must operate strictly within established ethical, medical and professional guidelines.
According to him, until Nigeria’s laws are amended, compassion cannot override the clear provisions of the country’s criminal laws.
Ubani said the sanctity of human life remains the foundation of Nigeria’s homicide laws.
