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What The Constitution Says About Self-defence - Politics - Nairaland

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What The Constitution Says About Self-defence by Joyintwos(m): 9:18pm On Jan 26, 2017
Excerpt from the Criminal Code Act
286. When a person is unlawfully assaulted, and has not provoked the assault, it is lawful for him to use such force to the assailant as is reasonably necessary to make effectual defence against the assault:
Provided that the force used is not intended, and is not such as is likely, to cause death or grievous harm.
If the nature of the assault is such as to cause reasonable apprehension of death or grievous harm, and the person using force by way of defence believes, on reasonable grounds, that he cannot otherwise preserve the person defended from death or grievous harm, it is lawful for him to use any such force to the assailant as is necessary for defence, even though such force may cause death or grievous harm.

287. When a person has unlawfully assaulted another or has provoked an assault from another, and that other assaults him with such violence as to cause reasonable apprehension of death or grievous harm, and to induce against provoked him to believe, on reasonable grounds, that it is necessary for his preservation from death or grievous harm to use force in self-defence, he is not criminally responsible for using any such force as is reasonably necessary for such preservation, although such force may cause death or grievous harm.
This protection does not extend to a case in which the person using force, which causes death or grievous harm, first began the assault with intent to kill or to do grievous harm to some person; nor to a case in which the person using force which causes death or grievous harm endeavoured to kill or to do grievous harm to some person before the necessity of so preserving himself arose; nor, in either case, unless, before such necessity arose, the person using such force declined further conflict, and quitted it or retreated from it as far as was practicable.

Read more here http://www.nigeria-law.org/Criminal%20Code%20Act-PartV.htm

Cc: lalasticlala Seun

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Re: What The Constitution Says About Self-defence by donatusdesmond: 10:05pm On Jan 26, 2017
Oya FP...ftc back to back
Re: What The Constitution Says About Self-defence by sunkoye: 10:17pm On Jan 26, 2017
Wow.. Problem solved

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Re: What The Constitution Says About Self-defence by hopeforcharles(m): 10:48pm On Jan 26, 2017
If person want to kill or cause a serious harm to you and you get chance to kill am or cause serious harm to him first kill am. The law says so

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Re: What The Constitution Says About Self-defence by Joel3(m): 11:25pm On Jan 26, 2017
you don't need to check the constitution for this.

this is something that reflect in all the construction worldwide. if a thief go to politician house or a rich man with gun at midnight to cause harm, I don't think he will even call the police. but with his gun he will not fail to shoot.


the only case is that you have to prove that the dead actually meet to cause harm. to your defense

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Re: What The Constitution Says About Self-defence by Nobody: 11:36pm On Jan 26, 2017
Case closed
Re: What The Constitution Says About Self-defence by zendy: 11:56pm On Jan 26, 2017
Which mean that IPOB are entitled to defend themselves if they are shot at my the Nigeria Army while unarmed!

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Re: What The Constitution Says About Self-defence by Joyintwos(m): 5:44pm On Jan 27, 2017
hopeforcharles:
If person want to kill or cause a serious harm to you and you get chance to kill am or cause serious harm to him first kill am. The law says so
That's the summary.
Re: What The Constitution Says About Self-defence by Joyintwos(m): 8:34am On Jan 31, 2017
zendy:
Which mean that IPOB are entitled to defend themselves if they are shot at my the Nigeria Army while unarmed!
Yes
Re: What The Constitution Says About Self-defence by stefanweeks: 8:35am On Jan 31, 2017
So?
Re: What The Constitution Says About Self-defence by Boleyndynasty2(f): 9:36am On Jan 31, 2017
Let the killing spree aka self defense begin cool
Re: What The Constitution Says About Self-defence by abolajidammy: 11:20pm On Jun 16, 2017
if a rubber comes to your house to Robb you and you were able to get the first attack to kill the rubber, how will you prove that the rubber actually meant to kill you at cause you arm
Re: What The Constitution Says About Self-defence by originalKsp(m): 11:54pm On Jun 16, 2017
Boleyndynasty2:
Let the killing spree aka self defense begin cool

That's the problem with the self defence issue: people can kill others intentionally and frame it as self-defence...since the other person is dead to defend himself.

But that does not mean the provision is not needed, we just need to make sure that it's not abused. The p is that we are used to abusing things in Nigeria

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