Court discharges chemist accused of killing abortion-seeking woman

An FCT High Court in Maitama has discharged a chemist, Peter Cletus, charged with culpable homicide. Cletus was charged by the police for allegedly causing the death of one Blessing Apenda by injecting an unprescribed drug to terminate her three months’ pregnancy. Arraigned in February 2013, on a one-count charge bordering on culpable homicide, police […]

An FCT High Court in Maitama has discharged a chemist, Peter Cletus, charged with culpable homicide.

Cletus was charged by the police for allegedly causing the death of one Blessing Apenda by injecting an unprescribed drug to terminate her three months’ pregnancy.

Arraigned in February 2013, on a one-count charge bordering on culpable homicide, police alleged that Cletus administered drugs not prescribed by a physician on the deceased with an intention to terminate her three-month-old pregnancy at his ‘illegal’ chemist shop at Kabusa village, Abuja.

He however pleaded not guilty to the charge.

Delivering judgment, Justice Jude Okeke, held that the prosecution could not prove that the action of the defendant caused the death of the deceased.

He further held that the prosecution witnesses gave evidence based on hearsay and not on what they witnessed personally, which contravened the provisions in the Evidence Act.

Justice Okeke held that the evidence of the prosecution stated that the deceased was taken to other hospitals before she died.

“The prosecution did not prove the ingredients of the offence of culpable homicide levelled against the defendant.

“There is likelihood of more than one possible cause of the deceased’s death; there is doubt on what actually caused the death of the deceased,” he held.

The judge also held that the defence witness, who was a pharmacist, took time to explain the effect of the drugs claimed to have been administered by the defendant, adding that according to the pharmacist, such drugs cannot induce abortion.

“In the light of the forgoing, the court has no option than to resolve the whole issue against the prosecution in favour of the defendant.

“The evidence induced by the prosecution witnesses have not proved beyond reasonable doubt that the treatment administered by the defendant on the deceased caused her death.

“In the circumstances, this charge is dismissed, and the defendant is discharged, “ Justice Okeke held.