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Questions and Answers
What is the primary purpose of self-defence?
What is the primary purpose of self-defence?
What is required for self-defence?
What is required for self-defence?
What type of self-defence involves defence of another person or property?
What type of self-defence involves defence of another person or property?
Who bears the burden of proving self-defence?
Who bears the burden of proving self-defence?
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What is a factor to consider in determining self-defence?
What is a factor to consider in determining self-defence?
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What is a limitation of self-defence?
What is a limitation of self-defence?
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What is a related defence to self-defence?
What is a related defence to self-defence?
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What case established the principle of self-defence in Nigerian criminal law?
What case established the principle of self-defence in Nigerian criminal law?
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What case clarified the burden of proof in self-defence cases?
What case clarified the burden of proof in self-defence cases?
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What is not a type of self-defence?
What is not a type of self-defence?
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Study Notes
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.
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Learn about the definition and requirements of self-defence as a defence to a criminal charge under Nigerian criminal law.
