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DEFENCE OF SELF DEFENCE – MEANING AND NATURE OF THE DEFENCE OF SELF-DEFENCE

 
Criminal Law and Practice
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 Anonymous
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Topic starter June 3, 2020 8:52 am  
My lord EKO, JSC in Fulani Vs. State (2018) LPELR-45195 (SC) gave a detailed consideration of the defence of self defence and what it entails thus:

 

"Self-defence, as a defence, simply means that the accused person did the alleged act while in the process of defending either himself or some other person and that he had no pre-meditated intention to kill his Attacker or to cause him grievous bodily harm: In the instant case, there was no evidence of any premeditated intention to kill the deceased by the Appellant."

 

When self-defence is not accepted, or is dismissed, the accused loses the right to be completely absolved or exonerated. Self-defence, if successfully pleaded and affirmed is a justification or excuse for the act alleged to be a criminal offence. It is a complete defence to the charge. It exonerates the accused person of any wrongdoing. The right operates on the principle that it is the first duty of man to defend himself.  The right to self preservation is biological and an inalienable right. Self-defence ordinarily casts reasonable doubts that the accused person intentionally committed the alleged offence. When it was pleaded, and from the facts it is not accepted or it is dismissed there can no question of any reasonable doubt created thereby because the mere fact of pleading it tantamount to an admission of the actus reus; justice as by the plea the accused person places on himself the evidential burden of establishing that he acted without any criminal motive or intention. The circumstance under which the plea of self-defence avails the accused person is one of facts.
 
 
PER Y. B. NIMPAR,J.C.A IN INSPECTOR AKPAETTE MOSES VS THE STATE


suit no: CA/C/38C/2019

Legalpedia Electronic Citation: 2020) Legalpedia (CA) 04151

 


   
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 Anonymous
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Topic starter June 3, 2020 8:53 am  

Summary Of Fact:

The Appellant along 3 others were arraigned before the Akwa Ibom High Court on a two count charge of conspiracy and murder. They were alleged to have killed a commercial motorcyclist while on patrol along Abak Road.

Three Police men from the "C" Division of the State Police command alighted from a tricycle opposite the Federal Secretariat seized 3 motorcycles belonging to some motorcyclists amongst which was the deceased.

Almost immediately, a police car also arrived at the scene with the Appellant who was the leader of the team and they met the cyclists struggling with the Policemen who impounded their motorcycles.

It was in evidence that the Appellant fired 2 shots in the air and the third shot aimed at the deceased who was hit on the thigh. He blead profusely and was rushed to the teaching hospital but died before reaching the hospital.

The police officers after the shooting spree entered the car and drove away from the scene of crime. The Appellant admitted firing the shots but on the excuse that he was attacked by a mob and wanted to scare them away.

The trial court at the end of the trial, found the Appellant guilty of the two offences charged; namely conspiracy and murder. He was accordingly sentenced to 14 years for conspiracy and death by hanging for murder.

Dissatisfied with the conviction and sentence, the Appellant has appealed to the Court of Appeal.


   
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