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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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