Legal practitioners under the platform, Ogam Solicitors, have explained the concept of the Right of Private Defence under Nigerian law, describing it as one of the most important general exceptions recognized by the criminal justice system.
In an educational post shared on the law firm’s Facebook page, the solicitors stated that every individual has the legal right to protect himself, other persons, and property from unlawful attack or aggression.
According to the legal experts, the law acknowledges that immediate assistance from law enforcement agencies may not always be available in emergency situations, thereby permitting individuals to use reasonable force for protection.
The group highlighted key principles guiding the exercise of private defence, including proportionality, imminence, defence of property, and cessation.
On proportionality, the solicitors explained that the force used in defending oneself must be proportionate to the level of threat faced, noting that excessive retaliation is not permitted under the law.
They further stated that for the defence to apply, the danger must be immediate or reasonably anticipated, stressing that the law does not support revenge or retaliation for past attacks.
The lawyers also noted that individuals may use reasonable force to protect their property against theft, trespass, or unlawful destruction.
However, they emphasized that the right of private defence automatically ends once the danger or attack has ceased.
“The Right of Private Defence is a shield, not a sword. It exists for protection, not retaliation or revenge,” the statement read.
The solicitors cited Sections 24 to 33 and Section 286 of the Criminal Code Act, as well as Sections 59 to 67 of the Penal Code, as legal authorities governing the principle of private defence in Nigeria.
They added that courts usually determine whether the force used in any case was reasonable after examining the facts and surrounding circumstances.
Credit: Ogam Solicitors,
