The Court of Appeal sitting in Lagos has upheld the conviction of Danish national, Peter Nielsen, who was sentenced to death in 2022 for the murder of his Nigerian wife, Zainab, and their daughter, Petra. Nielsen’s appeal was dismissed for lacking merit, affirming the decision of the Lagos State High Court.
Delivering the judgment, the appellate court held that the Lagos State Government had proven the offence of murder against Nielsen beyond a reasonable doubt. The court emphasized that the corroborative evidence of DNA strengthened the circumstantial evidence against him. The court stated, “There was no proof of breaking into the apartment as suggested by the Appellant.” Furthermore, it noted that the missing exhibits resulting from the End SARS attack on the court did not affect Nielsen’s defense, as he had ample opportunity to address these issues before the attack.
Peter Nielsen, aged 53, was arraigned by the Lagos State Government on June 13, 2018, on a two-count charge of murder, punishable under Section 223 of the Criminal Laws of Lagos, 2015, which prescribes the death penalty. He had pleaded not guilty to the charges. Nielsen was accused of killing his wife, Zainab, a musician known as Alizee, and his daughter on April 5, 2018, at about 3:45 am at their Banana Island residence in Ikoyi, Lagos.
The trial judge, Justice Okikiolu-Ighile (Rtd), delivered the judgment on May 20, 2022, basing her decision on the post-mortem examination conducted by Pathologist Professor John Obafunwa. The pathologist testified that the bruises found on Zainab’s head and neck were consistent with blunt trauma. The autopsy report also indicated “tiny signs of bleeding,” proving smothering as the cause of death. The court concluded that the smothering, which caused a lack of oxygen, was the cause of death for both Zainab and Petra. The court ruled out self-inflicted harm or epilepsy, as these were not part of Zainab’s medical history.
Regarding whether the deaths were caused by Nielsen, the court referenced several testimonies from the prosecution’s witnesses, including a housemaid, Zainab’s sibling, and two police officers. These witnesses testified about incidents of domestic violence perpetrated by Nielsen against Zainab. Notably, Zainab’s sister, Pepe, who was about 13 years old at the time, was described by the court as a “witness of truth.” Pepe testified about a fight between the couple in 2017, adding that Nielsen had threatened to kill her if she ever revealed what she had witnessed.
Justice Okikiolu-Ighile concluded that Nielsen was responsible for the deaths, stating, “Nielsen was the one who killed Zainab; Peter Nielsen was also the one who killed Petra Nielsen.” She cited Zainab’s forewarnings to her driver and stepfather that Nielsen would kill her. The judge found Nielsen guilty of the two counts of murder, emphasizing that the prosecution had proven beyond a reasonable doubt that Nielsen smothered his wife and daughter.
The court highlighted the DNA analysis of nail scrapings, which implicated Nielsen as Zainab’s assailant. It noted that Zainab had fought hard to defend herself. The court stated, “There is evidence before the court that there was a fight between the defendant and his wife,” underscoring the history of domestic abuse documented by the police. The court also revealed that Zainab’s marriage to Nielsen was void ab initio because Nielsen was already married in Denmark.
Justice Okikiolu-Ighile declared, “It is the judgment of the court that you, Peter Nielsen, are found guilty of the murder of Zainab and Petra Nielsen on April 5, 2018. I hereby pronounce that you, Peter Nielsen, shall be hanged by the neck till death. May God have mercy on you.”
Dissatisfied with the judgment, Nielsen approached the Court of Appeal to challenge his conviction. In his 16 grounds of appeal, he argued that he was not given access to material evidence and reasonable facilities for his defense. Nielsen contended that the trial court erred in convicting him without allowing access to crucial evidence, which he claimed contained exculpatory information.
Nielsen’s defense argued that he was denied a fair trial because he was not availed of reasonable facilities and material to lead evidence in his defense. They pointed out that exhibits, such as Zainab’s nightdress and Petra’s jumpsuit, were not made available to the defense for examination, which could have potentially exonerated him. Nielsen’s forensic expert requested access to these items to conduct tests and present evidence, but this request was denied.
The defense maintained that the presence of an unknown male profile on Zainab’s nightdress, which did not match Nielsen, and the absence of Nielsen’s DNA on Petra’s jumpsuit, raised significant doubts about his guilt. They argued that the trial court’s failure to consider this exculpatory evidence constituted a denial of a fair trial.
However, the Court of Appeal rejected these arguments and upheld Nielsen’s conviction. The appellate court affirmed that the lower court had correctly assessed the evidence and found that the Lagos State Government had proven its case beyond a reasonable doubt. The appeal was dismissed, and Nielsen’s death sentence was upheld.
The case has drawn significant attention, highlighting issues of domestic violence and the judicial process in Nigeria. The Court of Appeal’s decision reinforces the initial conviction and underscores the serious consequences of domestic violence and murder.
