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3 Int'l J. Advanced Legal Stud. & Governance 1 (2012)

handle is hein.journals/ijalsg3 and id is 1 raw text is: THE PRAGMATIC NATURE OF PRIVATE DEFENCE UNDER CRIMINAL JURISPRUDENCE IN NIGERIA Akande, I. F. Public Law Department, Faculty of Law Ahmadu Bello University, Zaria, Nigeria E-mail: queenethakande@yahoo.com Oji, S. I. Faculty of Law, Usman Danfodio University, Sokoto, Nigeria ABSTRACT The study aimed at examining the practical operation of the right to private defence in Nigeria by virtue of the various constitutive legal instruments operating in the field of criminal jurisprudence. The sources of information relied upon here, are relevant statutes, texts, journals (both local and international) and conference papers. The finding is that the enabling provisions on the subject matter is not smooth sailing. This is because the exercise of the right to private defence is further tied to the satisfaction of certain conditions which ordinarily the user will not advert his mind too and if case is not taken, in the attempt to prevent the commission of an offence which is about to be done to him, he becomes criminally liable in the reverse. In this regard, the study concluded that there is the problem of uncertainty as far as the instruments of self defence are concerned. In order to erase the problem of uncertainty, the user of the right must exercise caution in order to succeed in the courts. Pending when an amendment is made. Keywords: Criminal jurisprudence, defence, practical operation INTRODUCTION The right of private defence, otherwise known in English law as self-defence, is dated back to the period of antiquity as an inherent right of man which enables him to protect his interest against wrongdoers. In this regard, it forms an aspect of human right which is constitutionally guaranteed as follows: a person shall not be regarded as having been deprived of his life in contravention of this section2, if he dies as a result of the use, to such extent and in such circumstances as are permitted by law, of such force, as is reasonably necessary... (a) for the defence of any person from unlawful violence or for the defence of property3. In the light of the above provision, it is clear that the right of private defence deals with the right such as ones protection of life and property and as such one may be correct to refer to the right of private defence more as a right than as a defence. However, the theoretical provision of self-defence is so nice to such an extent that it could be assumed that it completely exonerates the accused from criminal liability but practically, it operates with certain conditions, by virtue of the enabling provisions of both the criminal code and the penal code placing restrictions on the enjoyment of International Journal of Advacced Legal Studies and Governance Vol. 3 No.1, April 2012 1

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