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See Also:
- CRIMINAL LAW AND PROCEDURE – DEFENCE OF SELF-DEFENCE – Position of the law on the defence of self-defence
“In his defence as DW1, the Appellant alleged that the deceased took a stick from the veranda of his shop and hit him on the head and he “sustained injuries”…
- CRIMINAL LAW AND PROCEDURE - DEFENCE OF SELF-DEFENCE/PROVOCATION - Whether the defence of provocation and self-defence are mutually exclusive
"...I, actually, find it curious that the appellant [as accused person at the trial Court] set up the defences of self- defence and provocation at the same trial. Whereas, the…
- CRIMINAL LAW AND PROCEDURE - DEFENCE OF SELF-DEFENCE - When the defence of self defence will not avail an accused person
"...If however the threat offered is disproportionate with the force used in repelling it, and the necessity of the occasion did not demand such a self-defence, then the defence cannot…
- CRIMINAL LAW AND PROCEDURE: Self-Defence - Nature and implication of a successful defence of self-defence
"The Law is well settled that the defence of self-defence, if successful, is a complete defence or answer to the charge of murder or manslaughter as in the instant case.…
- CRIMINAL LAW AND PROCEDURE – DEFENCE OF SELF-DEFENCE – Effect of a successful plea of the defence of self-defence; conditions that must be satisfied before the defence of self-defence can avail an accused person
“Now, a successful plea of self-defence, completely exculpates an Accused from criminal liability- see Uwaekweghinya V. State (supra), (2005) 9 NWLR (Pt. 930) 227, wherein this Court explained as follows:…