In Nigeria, you can be sentenced to death for defending yourself against an assailant. Forget all that you’ve read. If your life is threatened by an armed herdsman, run for cover. Or simply allow the vagabond to slice your throat. You’re better dead and classified as a victim than to retaliate and be condemned to death for fighting for your life.
Nigeria’s Supreme Court recently affirmed the judgement of the lower courts in respect of a case of culpable homicide against Citizen Sunday Jackson who must now be sent to the hangman for defending himself when he was attacked with a knife by a herdsman feeding his cattle on Jackson’s farm.
Jackson was only 20 years old and an expectant father when the incident happened. He maintained a farm to support his family. On the fateful day, he was tending his farm when he was suddenly attacked by a knife-wielding herdsman, Buba Bawuro, in Kodomti Village, Numan local government area of Adamawa State.
Self-defence
In the ensuing struggle, he managed to overpower his assailant and returned the compliment. His assailant eventually died of his wounds.
He was subsequently arrested and charged to court for murder, spending seven years in pretrial detention (the Nigerian prison system has an incredibly high number of ‘Awaiting-Trial’ inmates).
When his case finally went to trial, he was sentenced to death, with the court ruling that he should have fled after disarming his attacker.
The court did not reckon with the fact that the herdsman had seriously stabbed him in the leg and so he could not have made a quick getaway even if he wanted to. In a unanimous judgment (SC/CR/1026/2022), delivered by Hon. Justice Mohammed Baba Idris, the court ruled against Jackson’s defence of provocation.
The death verdict surprised many observers because it seemed to contradict the universal contention that every human being was entitled to self-defence if his life was under threat. Also, the fact that the courts seemed to believe that the quantum of violence could be calibrated in a life-or-death situation in such a manner as to apply only the appropriate dose that would make the assailant flee instead of dying.
The kernel of the Supreme Court’s verdict can be found in its statement that, “An accused person cannot legally be entitled to the defence of provocation and self-defence at the same time and in relation to the same offence.”
After the Supreme Court, there is no appeal, except to God. But that will be post-mortem. Only two earthly interventions can save Jackson’s life now: If the Governor of Adamawa State, Ahmadu Umaru Fintiri, exercises his prerogative of mercy and grants him a pardon, especially considering the fact that he had already spent 10 years in the correctional facility; or if he is granted clemency by the President in exercise of the same prerogative of mercy.
Appeal
In a passionate appeal to the governor, Jackson wrote: “I am a student and a farmer, who was going about my honest and lawful activity, when I was violently attacked and sustained severe injuries. Despite this, I was able to overpower my attacker and defend myself whereupon my attacker died. However, in a gross miscarriage of justice, I was sentenced to death in 2021 after already being in prison for several years.”
Jackson recalled that he was unarmed when his assailant attacked him with a knife. He tried to run for his life, calling for help but he was stabbed at the back of his head. According to him, “My assailant stabbed me again on my leg, and one more move from him was going to end my life. I was too weak to run, so in defence of myself, I disarmed him while already in a pool of my own blood, and killed him to save my life.
“I have been devastated emotionally and mentally, as I have had to deal with the pain of this grave injustice against me. I have never set eyes on my 10-year-old daughter all these years, as she was born after my arrest,” he said.
He, therefore, appealed as follows: “In light of these circumstances, I urge Your Excellency to exercise your prerogative of mercy and grant me a pardon, particularly as I have also spent 10 years in the correctional facility, through the determination of this case. This would be a just and compassionate decision, considering the clear miscarriage of justice that has occurred in this case.”
Jackson has also appealed to President Bola Ahmed Tinubu to intervene in his case.
Legal experts have drawn attention to Section 33 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which guarantees the fundamental right to life of every Nigerian citizen. Section 33(2) (a) provides that: “A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as a result of the use, to such extent and in such circumstances as are permitted by the law, of such force as is reasonably necessary-(a) for the defence of any person from unlawful violence or for the defence of property… “
The Christian Association of Nigeria (CAN) in the 19 northern states and Abuja has strongly condemned the Supreme Court’s death verdict on Jackson. In a statement issued in Kaduna on Tuesday, the chairman of Northern CAN, Rev. John Hayab, described the judgment as a “grave travesty of justice” and called on the Adamawa State Governor, Ahmadu Umaru Fintiri, to grant Jackson a pardon.
Conflict Resolution
An international human rights lawyer, Emmanuel Ogebe, and Pastor William Devlin who serves as the national president of REDEEM! — an organisation committed to assisting persecuted people and groups in America and around the globe, took their advocacy for Jackson’s life to the traditional ruler, Hama Bachama. The royal father facilitated a heart-to-heart discussion between the Jackson and Bawuro families, resulting in the victim’s father, Ardo Bawuro, writing to the governor to say that his family has forgiven Jackson for killing their son, and pleading that the governor grant clemency to the convict.
In a letter titled: “Death Sentence On Sunday Jackson By The Supreme Court Of Nigeria For Murder Of My Son Buba Bawuro”, Ardo pleaded that Jackson’s life be spared. He argued that there was no point taking another life. He declared, on behalf of his entire family, that they were not interested in executing the verdict of the Supreme Court.
His conclusion sounds quite edifying: “In this regard, your excellency should count us out of the judgement passed on the victim (Sunday Jackson). My son can never wake up again. Based on this fact, I am pleading for clemency on Sunday Jackson to be pardoned and set free.”
How is a layman supposed to interpret all this? The grandiose legal system from the High Court to the Court of Appeal and the Supreme Court failed Citizen Jackson. Now, it seems that the good old traditional conflict resolution mechanism (featuring the traditional ruler and the two feuding families) has come to the rescue.
The less time spent on further arguments the better.
I add my voice to Ardo Bawuro’s appeal to Governor Umaru Fintiri: Please exercise your prerogative of mercy and let Sunday Jackson go home.
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