EXAMINING THE NECESSITY OF SELF DEFENCE IN CONTEMPORARY NIGERIAN SOCIETY

Abstract

The principle of self defence is borne out of the innate human instinct of self-preservation. Self defence is the use of necessary force to protect one’s self, family or property from a real or threatened attack. The decision to defend oneself has always been viewed from the necessity to act and the proportionality of the response when faced with imminent threat. However, in contemporary time, questions have pop-up as to the proportionality of the response considering the reflex action of a person faced with fear and despair. Also, should the aggressor execute or attempt to execute his act of aggression before a person can preemptively activate his right to defend himself against the aggressor or one can act in anticipation, having regards to fear possessed as a result of existing pattern of attacks? Adopting the doctrinal research method, this paper examines the position of the law concerning self defence in Nigeria? It also discusses the principles of necessity and proportionality when exercising the right to self defence. The paper finds that the proportionality of a person’s response to imminent threat will have to be viewed subjectively from the circumstance of each case, considering current realities and pattern of threats. It also finds that a person faced with immediate danger may act without the aggressor establishing its threat first. This paper suggests that, cases of self defence can’t be decided in isolation from negative incidence that the court has judicial notices of in contemporary time.