An Examination of the Right of Self Defence and Others in Nigeria

Abstract

The study examines the scope of the right of self defence and defence of others in criminal trial. The study establishes that a person is justified in using force to resist any one who intends to commit a felony against him or any other person in his presence. The study explains the applicable laws in Nigeria to that effect and the position of the judiciary. For a conduct to be justified, the person must have adopted such force as is necessary to avert the act if it is absolutely impossible to escape from the attack by retreating.

Recommendations are made on the best approach to be adopted in determining the liability of a person for the use of excess force in self defence.