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On the call by retired General T. Y. Danjuma (TYD) that Nigerians should resort to self defence



The call by retired General TYD that Nigerians should resort to self defence and not hope that the Nigerian armed forces can secure their lives is an indication of extreme frustration and absolute loss of confidence in the capacity of the PMB-led APC Federal Government to guarantee physical security of lives in Nigeria.



From the social implications point of view, though the call has the likely negative consequences of uncontrollable proliferation of arms and jungle justice, it would appear that the call was made in the face of the painful and dreadful reality of unprecedented state of insecurity and unprecedented wave of mass murders, technically called genocide, by the monstrous armed herdsmen, shedding blood with reckless abandon in a state of impunity, across the length and breadth of Nigeria, on account of an allegedly compromised armed forces.

From the legal point of view, self defence is permitted under the law.

There is a plethora of appellate authorities that have established the legality of resort to self defence.

In Famakinwa v. State (2016) 11 NWLR (Pt. 1524) 538, the Court of Appeal held that self defence, if upheld, is a COMPLETE ANSWER to a charge of murder or manslaughter. An accused person who kills in self defence would be acquitted and discharged, provided the following three conditions are present: 1. That it is established that his life was so much endangered by the acts of the deceased that the only option left to safeguard the life of the accused was to kill the deceased. 2. The accused didn't ordinarily want to fight and 3. That the accused was at all times prepared to withdraw and he was not the attacker/aggressor.

Indeed, the judicial authorities on the legality of self defence without any legal consequences are based on statutory provisions, particularly sections 32(3), 286-288 of the Criminal Code and sections 59, 62-66 of the Penal Code.

The ULTIMATE solution to unprecedented state of insecurity and bloodshed in Nigeria the present time does not lie in resort to self defence. Resort to self defence can only be a temporary respite in the face of absolute failure of the State/FGN to guarantee security of lives and property.

The ultimate solution to collapse of government and unprecedented insecurity lies in terminating the regime of class rule whose priorities lie in safeguarding the greed of the few in power as opposed to guaranteeing the welfare interests of ordinary people which creates extreme poverty, hunger, unemployment, diseases, hopelessness, ethnic and religious suspicion and intolerance.

It is high time Nigerian masses brought about a change in the system of government rather than merely changing Ruling parties from the PDP to the APC. These parties have shown overwhelmingly that they lack the capacity to take Nigeria forward in peace, safety, comfort and improved living standards. If Nigeria remains in the grip of either the APC or the PDP or the third force predicated on the same ruinous neo liberal economic policies, they would plunge Nigeria into avoidable social conflagration and civil war.

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