Have any enquiry? send a message!

+234 814 776 7193

publictions.lawrit@gmail.com

Edit Template

SELF-DEFENCE AND EXCESSIVE FORCE: WHERE DO WE DRAW THE LINE?

SELF-DEFENCE AND EXCESSIVE FORCE: WHERE DO WE DRAW THE LINE?

The position of the law is that self-defence must be instantaneous, necessary, and proportionate to the threatened attack. In Sunday Udofia v. The State, Coker, JSC, emphasized that the force used must be reasonably necessary to stop the attack. Furthermore, Sections 286 and 287 of the Criminal Code Act provide that a person may use force in self-defence if they have a reasonable belief of imminent danger of death or grievous harm, but such force must not exceed what is reasonably necessary for their preservation. This article argues that while the law recognises the fundamental right to protect oneself, the strict requirements of immediacy, necessity, and proportionality often pose significant challenges in practical application, particularly in fast-moving and unpredictable conflict situations.

1 Comment

  • Thought-provoking exploration of self-defence boundaries in Nigerian law! The analysis of cases like Okonkwo v. State brilliantly underscores the ‘reasonable force’ threshold—vital for protecting rights without enabling vigilantism. A must-read for legal minds grappling with proportionality in high-stakes scenarios.

Leave a Reply

Your email address will not be published. Required fields are marked *

Popular Posts

  • All Posts
  • Volume I
  • Volume II Issue I
  • Volume II Issue II
  • Volume III Issue I
  • Volume III issue II
  • Volume IV Issue I
  • Volume IV issue II
  • Volume V Issue I
  • Volume V Issue II

All Publications

Latest Publication!

Volume 5 issue I (2025) Now Published!

Blog Tag

    An online, peer-reviewed, open-access journal proving students of law with a platform to express their views on diverse legal issues.

    Our Subsidiaries

    Lawrit Ink Cell

    Contact

    +234 814 776 7193

    Publications.lawrit@gmail.com

    Updates, Events, and publications

    You have been successfully Subscribed! Ops! Something went wrong, please try again.

    © 2025 Developed by FemJoe