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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 – 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:…
- 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 - Factors taken into consideration by the courts in considering the defence of self defence
"It is clear from subsequent cases that several factors are taken into consideration. For instance, the disparity in the strength of the parties and also the weapon used as in…
- 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…