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Nigerian Law Supports Right To Self-defence,communities Should Exercise It, Defe - Crime - Nairaland

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Nigerian Law Supports Right To Self-defence,communities Should Exercise It, Defe by Beadysworld: 8:58am On Aug 30, 2021
n the face of the calculated and practised indifference of the regime of Major-General Muhammadu Buhari (Retired) to the human carnage currently ongoing in Nigeria, a debate has ensued about the legitimacy and practicability of community self-defence as a counterpoise strategy.

The mere fact that these questions arise is proof positive that Nigeria currently suffers a squalid anomaly. Communities should not be seeking to defend themselves if there is a capable government. When, therefore, government proves incapable or unwilling to protect everyone equally, communities must exercise a duty of collective self-defence. The alternative is to suffer voluntary liquidation.

In the first six months of 2021, over 6,000 people were reported killed in atrocity violence across Nigeria. As bad as these numbers are, the Sultan of Sokoto, no less, has pointed out that the scale of the killings in Nigeria is grossly under-reported. Rather than abate, the massacres appear to be intensifying in the second half of the year.

In the week after the lavish wedding of General Buhari’s son, Yusuf, in Kano the penultimate week of August 2021, Plateau State in north-central Nigeria has been overtaken by atrocity killings to the point where hospitals and mortuaries have become overwhelmed by the scale of the human tragedy.

The response of General Buhari to this orgy of atrocity killings has been a cynically complicit and practised silence.

Routinely, General Buhari’s spokesmen have sought to trifle with the scale of the tragedy or relish it. In the aftermath of the tragically humiliating attack by terrorists on the Nigerian Defence Academy (NDA), which killed at least two military officers and left another seriously injured (not to mention the abducted), presidential communications hitman, Garba Shehu, flippantly sniffed that the attack may have been politically motivated.

Having failed in December 2020 to persuade Nigerians to be grateful for exponential growth in insecurity in the country, presidential adviser, Femi Adesina, found in the terror attack on the NDA his moment to brand Nigerians “ungrateful” for being unwilling any longer to credit a president who never for a moment took seriously his oath to protect everyone in Nigeria equally.

Confronted with the reality of a government led by a president who cannot be bothered to show he cares about the mass cull of fellow humans and citizens, the governor of General Buhari’s home state, Katsina, Aminu Bello Masari, has emerged as an unlikely leader in the advocacy to people arise self -defence as an effective response to this Nigerian crisis of insecurity, repeatedly exhorting communities to buy guns, organize and defend themselves.

In this advocacy, the Governor has high profile fellow travellers, such as Defence Minister, Bashir Magashi , himself also a retired army General; and the plateau state house of assembly. The Nigerian State is itself not neutral on this, having supported and invested in the Civilian Joint Task Force,cjtf, since 2013 to assist in the fight against the Boko Haram insurgency in the northeast.

This high profile advocacy for self-defence raises questions both legal and practical. Let’s begin with the legal: does self-defence have any basis in law? The short answer to this is that in Nigeria, self-defence is indeed a constitutional right. Under section 14(2)(b) of Nigeria’s 1999 constitution, “the security and welfare of the people shall be the primary purpose of government.”

Accordingly, section 17(2)(b) of the same constitution requires that “the sanctity of the human person shall be recognized” and to reinforce these, section 33(2)(a) makes self-defence lawful when undertaken in “defence of any person from unlawful violence or for the defence of property.”

The question may be asked whether this right of self-defence in Nigerian law is available to groups or communities. The short answer is yes. The basis in law for this assertion exists in Article 20 of the African Charter on human and peoples right which provides that “[A]ll peoples Please read more here.....
https://beadysworld.tv/nigerian-law-supports-right-to-self-defencecommunities-should-exercise-it-defend-yourselves-chidi-odinkalu/

Re: Nigerian Law Supports Right To Self-defence,communities Should Exercise It, Defe by Sonnobax15(m): 9:20am On Aug 30, 2021
grin
Right to freedom of speech I can guarantee you of that,but right to freedom after speech,I can't guarantee you of that....That's the latest Nigerian motto now..

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