Advert

Killing Is Not Murder – By Cornel Gabriel

Yes, killing is not murder if the person killed was killed under the following..

Section 33(2) provides thus:

“A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as a result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably necessary – (a) for the defence of any person from unlawful violence or for the defence of property. (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;or (c)for the purpose of suppressing a riot, insurrection or mutiny.

Also Section 32(3) of the Criminal Code also provides that a person is not criminally liable for an act, when the act is reasonably necessary in order to resist actual and unlawful violence threatened to him or to another person in his presence.

Section 59 of the Penal Code Says as follow:
“Nothing is an offence of which is done in the lawful exercise of the right of private defence”.

Our courts have in plethora of cases reiterated that killing in self defence of person or property is not murder.
See UWAEKWEGHINYA v. STATE (2005) 9 NWLR (PT. 930) 27, the Supreme Court firmly held that “where a person kills another in defence of himself, such a killing is excused, and it does not amount to manslaughter under the Criminal Code or Culpable Homicide not punishable with death under the Penal Code. Also see OJO ADEYEYE V. THE STATE(2013)LPELR-19913(SC)
In Beridam V. State (1994) 1 NWLR (Part 32) at page 250 the supreme court had it firmly established that the onus is on the prosecution to prove beyond reasonable doubt that the defendant’s action wasn’t in self defence.

Please defend yourselves and property in the midst of the violence threatening our states this period of lock down. We shall not die Covid 19 must die and we shall see it’s end.

PS: Don’t go hurting or killing people o because you heard one lawyer say killing is not murder. Self help is not the same as self defence o.

Cornel Gabriel

Deji Sasegbon’s Latest Dictionary: Place your order now. Call: 08076095047, 07036688678, 08035629991

 

-Advertisement-

Grab our latest Magazine, "Hon. Chief C.O.C Akaolisa gets justice". Get your order fast and stress free.

For more details about Newswire Law&Events Magazine, kindly reach out to us on 08039218044, 09070309355. Email: newswiremagazine@yahoo.co.uk. You will be glad you did

Do you want to be heard, your events covered, your articles published, or need to advertise your products and services on our Blog and Magazine, reach out to us at Newswire Law and Events, you will be glad you did. For more details about our services, please call: 08039218044, 09070309355. Email: newswiremagazine@yahoo.co.uk