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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.

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