Self-Defence under Nigerian Criminal Law

Self-Defence under Nigerian Criminal Law

Definition of Self-Defence

• Self-defence is the act of defending oneself against an unlawful attack or threat of attack.
• It is a defence to a criminal charge, which if successful, can lead to an acquittal.

Requirements for Self-Defence

• The accused must have been under an imminent threat or attack.
• The accused must have reasonably believed that the attack was necessary to prevent harm or danger.
• The accused must have used no more force than necessary to repel the attack.

Types of Self-Defence

• Private Defence: defence of one's own person or property.
• Public Defence: defence of another person or property.

Burden of Proof

• The burden of proving self-defence lies on the accused.
• The accused must prove that they acted in self-defence on a balance of probabilities.

Factors to Consider

• Imminence of the threat: was the attack imminent or immediate?
• Reasonableness of the belief: was the accused's belief that the attack was necessary reasonable?
• Necessity of the force: was the force used necessary to repel the attack?
• Proportionality of the force: was the force used proportionate to the threat?

Limitations of Self-Defence

• Excessive force: using more force than necessary to repel the attack.
• Pre-emptive strike: attacking the aggressor before they have a chance to attack.
• Retreating: failing to retreat when possible, and instead using force to defend oneself.

Related Defences

• Provocation: a defence that reduces the severity of the offence, but is not a complete defence.
• Necessity: a defence that justifies the act as necessary to prevent a greater harm.

Case Law

• R v. Onwuchekwa (1959): established the principle of self-defence in Nigerian criminal law.
• Okoro v. State (1998): clarified the burden of proof in self-defence cases.

Self-Defence under Nigerian Criminal Law

Definition and Purpose of Self-Defence

• Self-defence is an act of defending oneself against an unlawful attack or threat of attack, which can lead to an acquittal if successfully proven.

Requirements for Self-Defence

• The accused must have been under an imminent threat or attack.
• The accused must have reasonably believed that the attack was necessary to prevent harm or danger.
• The accused must have used no more force than necessary to repel the attack.

Types of Self-Defence

• Private Defence: defence of one's own person or property.
• Public Defence: defence of another person or property.

Burden of Proof and Factors to Consider

• The burden of proving self-defence lies on the accused, who must prove it on a balance of probabilities.
• Imminence of the threat: was the attack imminent or immediate?
• Reasonableness of the belief: was the accused's belief that the attack was necessary reasonable?
• Necessity of the force: was the force used necessary to repel the attack?
• Proportionality of the force: was the force used proportionate to the threat?

Limitations of Self-Defence

• Excessive force: using more force than necessary to repel the attack.
• Pre-emptive strike: attacking the aggressor before they have a chance to attack.
• Retreating: failing to retreat when possible, and instead using force to defend oneself.

Related Defences

• Provocation: a defence that reduces the severity of the offence, but is not a complete defence.
• Necessity: a defence that justifies the act as necessary to prevent a greater harm.

Important Case Laws

• R v.Onwuchekwa (1959): established the principle of self-defence in Nigerian criminal law.
• Okoro v.State (1998): clarified the burden of proof in self-defence cases.