₦airaland Forum

The Supreme Court of Nigeria on March 7th 2025, upheld death sentence on a man who killed armed herdsman


Here are the facts. Sometime in 2015, Jackson, 29, farmer and student from Dong community in Demsa local government area of Adamawa State, was working in his farm in Kodomti community in Numan local government area when a herdsman, Buba Ardo Bawuro, casually herded his animals into his farm to feed on his crops. When Jackson challenged him, he pulled out a knife in the typical herdsmen fashion and violently attacked the farmer. In spite of his injuries, Jackson was able to overpower him, seize the knife and stab him in return, and the attacker later died from his wounds.

Jackson was arrested an tried in Yola high court for culpable homicide punishable with death under Section 211 of the penal code. He admitted that his attacker died as a result of the duel but he said he was not guilty of any offence. The prosecution urged the trial judge, Fatima Ahmed Tafida, to convict Jackson based on his confessional statement. But Jackson’s lawyer countered, praying the court to discharge and acquit his client because he acted in self defence.

Then in February 2021, the judge handed out a curious judgment. She held that because Jackson had confessed that he killed the herdsman, he too must die by hanging. That the farmer only defended himself from being killed too struck no meaning with her. The judge reasoned, rather strangely, that he should have fled the scene the moment he gained advantage of his attacker. But how could he have fled when he had already been stabbed in the leg among other places? This fact was made known to the judge, yet she still came to that queer verdict of death sentence.

Death by hanging for a case of self defence? If there should be any charge at all, it ought not to be anything other than manslaughter instead of murder which carries death penalty.

For the record, it must be pointed out that for a capital punishment offence that ought to have been tried within one week where the defendant had owned up straight off that the assailant died from the affray, Jackson was kept in custody for six years before the trial started. And second, it has to be mentioned that in violation of the law, this judgment was delivered well after the statutory 90 days within which judgments must be delivered after the adoption of the final addresses by lawyers to both parties. What this means is that this judgment ought not to stand at all under normal circumstances.

The supreme court had the golden opportunity to use this case to, at least, redeem itself to some extent from a growing public perception of a court of prejudice and compromise rooted in transaction, but it bungled it in a big way. The court barely spent five minutes reading its judgment and rather than call out the horrible legal breaches around the case, it handed down an egregious travesty in place of substantial justice.

By upholding the trial court’s death sentence on Sunday Jackson, the country’s highest court criminalizes self-defence. Thus, it has effectively chilled the citizen resolve to defend self in the face of obvious threat to life. Yet, self defence is not a crime known to any law in Nigeria.

Clearly, as the judicial system has failed Sunday Jackson, Governor Fintiri is obliged to step in – and all lovers of justice appeal to him to do so – and take immediate steps to save Jackson in the interest of rational justice. No one must die for standing on their feet and subduing a violent intruder who is out to take their life.

Special commendation goes to Emmanuel Ogebe, a US-based international human rights lawyer, and Dr. William Terence Devlin, an American human rights leader, not just for defending and supporting Jackson all through but also for their consistent advocacy for justice and human rights across continents.

Onyeacholem works in African Centre for Media and Information Literacy (AFRICMIL)

madridguy:
My prayer is that herdsmen issue will not cause civil war in Nigeria. I still don't see any reason why herdsmen are free to kill and others must not scratch their body. Let them stop taking their cows to people's farm.

madridguy:
My prayer is that herdsmen issue will not cause civil war in Nigeria. I still don't see any reason why herdsmen are free to kill and others must not scratch their body. Let them stop taking their cows to people's farm.

LeeSmart:
First time seeing you make a sensible post, hmm e go better... i will keep praying for ur likes

madridguy:
My prayer is that herdsmen issue will not cause civil war in Nigeria. I still don't see any reason why herdsmen are free to kill and others must not scratch their body. Let them stop taking their cows to people's farm.

She held that because Jackson had confessed that he killed the herdsman, he too must die by hanging. That the farmer only defended himself from being killed too struck no meaning with her. The judge reasoned, rather strangely, that he should have fled the scene the moment he gained advantage of his attacker

just2endowed:
The prosecution urged the trial judge, Fatima Ahmed Tafida

madridguy:
My prayer is that herdsmen issue will not cause civil war in Nigeria. I still don't see any reason why herdsmen are free to kill and others must not scratch their body. Let them stop taking their cows to people's farm.

madridguy:
My prayer is that herdsmen issue will not cause civil war in Nigeria. I still don't see any reason why herdsmen are free to kill and others must not scratch their body. Let them stop taking their cows to people's farm.

gidgiddy:
The herdsmen are going to kill forever because they know that nobody will touch them

Highways:
Where Are The Cows? Is Evans A Herdsman?'


When Funke Olakurin, daughter of Afenifere leader, Pa Reuben Fasoranti was murdered instead of Bola Tinubu to make sure that the perpetrators were brought to book, he ended up making fun of the death of the young lady by turning everything into tribalism by showing his hates for Igbos.


Tinubu has never spoken against the deadly activities of Fulani herdsmen across the country

https://twitter.com/i/status/1150428613751320577


Mrs Olakunrin died of gunshot wounds in July 2019 after her vehicle was attacked by armed men, suspected to be marauding Fulani bandits whose violent activities had reached a frightening level across the southwest states.


Those arrested suspects include Lawal Mazaje, 40, from Felele area of Kogi State; Adamu Adamu, 50, from Jada area of Adamawa State; Mohammed Usman, 26, from Illela area of Sokoto State and Auwal Abubakar, 25, from Shinkafi area of Zamfara State....

However, the leader of the team, identified only as Tambaya, and three others are yet to be found.

Tambaya has been declared wanted by the police and he is said to be capable of communicating in Hausa, Fulfude and Pidgin English.

https://www.premiumtimesng.com/news/top-news/388382-afenifere-police-speak-on-arrest-of-alleged-killers-of-fasorantis-daughter.html

agadez007:
they have not paid them for February,once alert enters,Mumuness continues