Self-Defence in Nigerian Criminal Law
The right to life is fundamental. But the law recognizes that when someone attacks you with deadly force, survival comes first. In Nigerian law, self-defence (also called “private defence”) is a complete defense to murder. Section 33(1) of the Constitution allows taking life in self-defense,[^1] and Section 32 of the Criminal Code justifies it.
This article explains Sections 286, 287, and 288 of the Criminal Code, which define when you can legally defend yourself. We’ll look at the difference between unprovoked and provoked attacks, and examine key cases like Musa v The State and Nwuzoke v State.
The Law: Sections 286-288
The Criminal Code treats self-defence differently depending on who started the fight.
Section 286: When You Didn’t Start It
Section 286 protects people who are attacked without provoking it.
Basic rule: You can use reasonable force to defend yourself. But you can’t use force intended to cause death or serious harm.
Exception for deadly threats: If the attack makes you reasonably fear death or serious harm, and you believe you can’t escape otherwise, you can use deadly force—even killing your attacker.
In Sule v State,[^2] the Supreme Court confirmed you can defend against an unprovoked attack, but your response must match the threat unless your life is in danger.
Section 287: When You Started It
If you provoked the fight, self-defence gets complicated. The law requires you to retreat.
You can’t claim self-defence if you started the conflict—unless you tried to walk away first. Only when you’ve retreated as far as possible and still face a deadly threat can you use lethal force. This stops aggressors from starting fights, then killing people and claiming self-defence.
Section 288: Defending Others
You can defend someone else just like you’d defend yourself. If you see someone being unlawfully attacked, you can use the same force they could legally use. The case of R v Duffy[^3] confirmed you can use reasonable force to protect a family member.
What You Must Prove
Courts are strict about self-defence. It’s not a license to fight back out of anger. Based on cases like Musa v The State,[^4] Akpan v State,[^5] and Nwuzoke v State,[^6] you must prove:
1. Real and Immediate Danger
The attack must be real, not imagined. In Nwokearu v State,[^7] the court said the attack must be actual. Your fear of death or serious harm must be reasonable. If the threat had passed or was never serious, self-defence fails.
2. Proportionate Force
Your response must match the threat.
Excessive force: In Apugo v State,[^8] killing someone for slapping you was ruled excessive. The force you use must be “reasonably necessary.”
Self-defence vs. accident: In Matthew Egheghe v The State,[^9] the court said you can’t claim both self-defence and accident. Either you shot deliberately to save your life (self-defence) or the gun went off by mistake (accident). Pick one—the facts must support your choice.
3. Duty to Retreat
Under Section 286 (unprovoked attacks), you don’t have to run before defending yourself. But you shouldn’t be looking for a fight.
Under Section 287 (provoked attacks), you must retreat. As Uwaekweghinya v State[^10] held, self-defence only works if you had no other choice but to kill to save yourself.
What Happens If You Succeed
Unlike provocation (which reduces murder to manslaughter), self-defence is a complete defense. If you succeed, you’re acquitted. The law values innocent life over an attacker’s life. Cases like Fulani v State[^11] and Ochani v State[^12] confirm this.
But if your force was excessive or the threat wasn’t immediate, the defense fails. You could be convicted of murder or manslaughter.
Conclusion
Self-defence protects your right to survive when attacked. But it’s a shield, not a sword. Nwuzoke, Sule, and Egheghe make clear: this defense is only for people who had no choice. If you used violence for revenge or without real necessity, it won’t save you.
[^1]: Constitution of the Federal Republic of Nigeria 1999 (as amended), s 33(1).
[^2]: Sule v State (2009) 4 NWLR (Pt 1130) 518.
[^3]: R v Duffy (1967) 1 QB 63.
[^4]: Musa v The State (2009) All FWLR (Pt 476) 1625.
[^5]: Akpan v State (1994) 3 NWLR (Pt 333) 636.
[^6]: Nwuzoke v State (1988) 1 NWLR (Pt 69) 566.
[^7]: Nwokearu v State (2010) All FWLR (Pt 519) 1754.
[^8]: Apugo v State (2006) All FWLR (Pt 307) 506.
[^9]: Matthew Egheghe v The State [1991] 3 NWLR (Pt 178) 1.
[^10]: Uwaekweghinya v State (2005) 18 NWLR (Pt 956) 149.
[^11]: Fulani v State (2019) LPELR-46784(CA).
[^12]: Ochani v State (2017) LPELR-43116(CA).
