Self-Defence in Nigerian Criminal Law

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.