Position of the Law on the Defence of Self-Defence

CASE TITLE: KEBE v. STATE (2023) LPELR-59659(CA)

JUDGMENT DATE: 20TH JANUARY, 2023

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: SAMUEL ADEMOLA BOLA, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the offence of murder and defence of self-defence.

FACTS:

This is an appeal against the decision of the High Court of Abia State, delivered by Honourable Justice C. C. James.

This is a case in which a Police Constable Oka Kebe shot a young man to death at the World Bank Housing Estate Umuahia. The Accused/Appellant claimed that he and one other Policeman were on patrol in the night at the Estate when they came across three men attempting to burgle and steal from a house. Upon sighting the two Policemen, they ran. While Corporal Bako Bawa pursued two of the burglars, the Appellant remained at Road 6 to give backup surveillance. The deceased who was with a matchet, upon noticing that the Appellant was now left alone, came from behind to attack and dispossess the Appellant of his gun. This resulted in a struggle and the Appellant shot the deceased in self-defence.

On the other hand, it was the case of the Prosecution/Respondent that the deceased was a student in one of the Secondary Schools in Enugu. The deceased was visiting his father, James Emecheta, for the first time in his lifetime at Umuahia. On the 9th day of November 2009, his father travelled to Aba and left Obioma at home, only to come back the next day to meet his son’s corpse at FMC Umuahia. The Prosecution stated that the Appellant broke into the residence of the deceased, dragged him out and shot him to death.

The Appellant was convicted and sentenced to death accordingly. Aggrieved by the decision of the trial Court, the Appellant filed this Appeal.

ISSUES FOR DETERMINATION:

The issues for determination were:

1. Whether upon the sum total of the evidence placed before the lower Court, the trial Court was right in convicting the Appellant for the offence of murder contrary to Section 319(1) of the Criminal Code Cap 30 Vol. II Laws of Eastern Nigeria 1963 applicable in Abia State.

2. Whether the trial Court was right when he disbelieved the evidence of self-defence raised by the accused (Appellant).

DECISION/HELD:

In the final analysis, the appeal was dismissed for lacking in merit. Accordingly, the judgment of the trial High Court was affirmed.

RATIOS:

• CRIMINAL LAW AND PROCEDURE – OFFENCE OF MURDER: Essential ingredients that must be proved by the prosecution to ground a conviction for murder
• CRIMINAL LAW AND PROCEDURE – OFFENCE OF MURDER: When the offence of murder can be said to have been proved
• CRIMINAL LAW AND PROCEDURE – DEFENCE OF SELF-DEFENCE: Conditions that must be established for a successful plea of self defence
• CRIMINAL LAW AND PROCEDURE – DEFENCE OF SELF-DEFENCE: The purport of self defence