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What is the primary basis for the defence of self-defence in Nigerian criminal law?
What is the primary basis for the defence of self-defence in Nigerian criminal law?
Section 32 of the Nigerian Criminal Code Act
What are the three essential elements of self-defence in Nigerian criminal law?
What are the three essential elements of self-defence in Nigerian criminal law?
The attack must be unlawful, the person defending themselves must reasonably believe that they are in imminent danger of death or grievous harm, and the force used in defence must be reasonable and proportionate to the threat.
What is the significance of 'reasonable belief' in the context of self-defence?
What is the significance of 'reasonable belief' in the context of self-defence?
The person defending themselves must have a reasonable belief that they are in imminent danger of death or grievous harm, based on the circumstances of the case.
What is the principle of proportionality in the context of self-defence?
What is the principle of proportionality in the context of self-defence?
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Who bears the burden of proof in a self-defence case?
Who bears the burden of proof in a self-defence case?
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What are the limitations of self-defence in Nigerian criminal law?
What are the limitations of self-defence in Nigerian criminal law?
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What is the significance of section 32 of the Nigerian Criminal Code Act in relation to self-defence?
What is the significance of section 32 of the Nigerian Criminal Code Act in relation to self-defence?
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What is the ultimate burden on the accused in a self-defence case?
What is the ultimate burden on the accused in a self-defence case?
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Study Notes
Self-Defence in Nigeria Criminal Law
Definition
- Self-defence is the act of defending oneself against an unlawful attack or threat of attack.
Legal Basis
- Section 32 of the Nigerian Criminal Code Act provides for the defence of self-defence.
- The section states that a person is not guilty of an offence if they use force to defend themselves or another person against an unlawful attack.
Elements of Self-Defence
- The attack must be unlawful.
- The person defending themselves must reasonably believe that they are in imminent danger of death or grievous harm.
- The force used in defence must be reasonable and proportionate to the threat.
Reasonable Belief
- The person defending themselves must have a reasonable belief that they are in imminent danger.
- The belief must be based on the circumstances of the case.
Proportionality of Force
- The force used in defence must be proportionate to the threat.
- The force used must not be excessive or unreasonable.
Burden of Proof
- The burden of proof lies on the accused to prove that they acted in self-defence.
- The accused must prove that they reasonably believed they were in imminent danger and that the force used was reasonable and proportionate.
Examples of Self-Defence
- A person defending themselves against an armed robbery attack.
- A person defending themselves against a physical assault.
- A person defending themselves against a threat to their life or property.
Limitations of Self-Defence
- Self-defence is not a defence to a charge of murder or manslaughter.
- Self-defence is not a defence to a charge of causing harm with intent to do harm.
Conclusion
- Self-defence is a valid defence in Nigerian criminal law.
- The defence must be based on reasonable belief and proportionate force.
- The burden of proof lies on the accused to prove that they acted in self-defence.
Self-Defence in Nigeria Criminal Law
Definition
- Self-defence is the act of defending oneself against an unlawful attack or threat of attack.
Legal Basis
- Section 32 of the Nigerian Criminal Code Act provides for the defence of self-defence.
- A person is not guilty of an offence if they use force to defend themselves or another person against an unlawful attack.
Elements of Self-Defence
- The attack must be unlawful.
- The person defending themselves must reasonably believe that they are in imminent danger of death or grievous harm.
- The force used in defence must be reasonable and proportionate to the threat.
Reasonable Belief
- The person defending themselves must have a reasonable belief that they are in imminent danger.
- The belief must be based on the circumstances of the case.
Proportionality of Force
- The force used in defence must be proportionate to the threat.
- The force used must not be excessive or unreasonable.
Burden of Proof
- The burden of proof lies on the accused to prove that they acted in self-defence.
- The accused must prove that they reasonably believed they were in imminent danger and that the force used was reasonable and proportionate.
Examples of Self-Defence
- Defending oneself against an armed robbery attack.
- Defending oneself against a physical assault.
- Defending oneself against a threat to one's life or property.
Limitations of Self-Defence
- Self-defence is not a defence to a charge of murder or manslaughter.
- Self-defence is not a defence to a charge of causing harm with intent to do harm.
Conclusion
- Self-defence is a valid defence in Nigerian criminal law.
- The defence must be based on reasonable belief and proportionate force.
- The burden of proof lies on the accused to prove that they acted in self-defence.
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Test your knowledge of self-defence in the Nigerian criminal justice system, including its legal basis and elements.
