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11 Beijing L. Rev. 1 (2020)

handle is hein.journals/beijlar11 and id is 1 raw text is: **Scientific Research Publishing Beijing Law Review, 2020, 11, 1-10 https://www.scirp.org/iourna I/bir ISSN Online: 2159-4635 ISSN Print: 2159-4627 To What Extent Is Killing in Defence of Property Equal to Right to Life in Nigeria? Igwe Onyebuchi Igwe Faculty of Law, Ebonyi State University, Abakaliki, Nigeria Email: igwelaw2010@gmail.com How to cite this paper: Igwe, I. O. (2020). To What Extent Is Killing in Defence of Property Equal to Right to Life in Nigeria? BeijingLawReview, 11, 1-10. https://doiorg/104236/blr.2020.1 11001 Received: September 25, 2019 Accepted: December 31, 2019 Published: January 3, 2020 Copyright © 2020 by author(s) and Scientific Research Publishing Inc. This work is licensed under the Creative Commons Attribution International License (CC BY 4.0). http://creativecommons.org/licenses/by/4.0/ Abstract Over the years, successive constitutions of the Federal Republic of Nigeria have included in their provisions defence of property as a permissible deroga- tion to the right to life in Nigeria. This defence as exception to the right to life appeared to pay host to debates of scholars as to the propriety of equating killing in defence of property to right to life in Nigeria. This paper was com- menced by a careful review of Nigerian law on right to life for the purpose of identifying areas that Nigerian law falls below international benchmark for the protection of the life of human person. It was discovered that the major challenge to the protection of right to life in Nigeria has been the lacunae in the Nigerian law. The provisions of Nigerian constitution with regard to the derogations of right to life fall short of global trend on the protection of right to life. A careful review of the problems shows that there is the need for Nige- rian constitution to be amended to delete some limitation clauses on the full realisation of right to life in Nigeria. Keywords Right to Life, Defence of Property, Constitution, Nigeria 1. Introduction This paper is set to discussing the extent a defence of property can exonerate a person for killing of another in Nigeria. The controversy that has remained un- abated is the imperativeness of equating killing in defence of property to right to life in Nigeria. In order to resolve this issue, it has become germane to examine the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and other relevant laws on the issue. The purpose of which is to iden- tify areas which Nigerian law falls below international benchmark for the pro- tection of right to life of individuals. DOI: 10.4236/bir.2020.111001 Jan. 3, 2020 1 Beijing Law Review

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