ICYMI: S’court upholds death sentence for man who killed attacker in ‘self-defence’

The supreme court has affirmed the judgment of a high court sentencing one Sunday Jackson to death for killing an attacker in self-defence.

Jackson was reportedly cultivating his farm when a suspected herder, armed with a knife, attempted to attack him.

He was said to have overpowered his aggressor in self-defence, resulting in the herder’s death.

In a ruling in 2021, an Adamawa high court sentenced Jackson to death for the killing.

The court held that Jackson had the opportunity to escape rather than stab his attacker.

On March 7, the supreme court upheld the ruling of the high court.

‘THE WRONG CHARGE’

Speaking in an interview on Arise TV, Emmanuel Ogebe, an international human rights lawyer, criticised the judgment of the apex court, saying the world should be alarmed by “this very unfortunate precedent”.

Ogebe recounted how he took on the case to defend the accused after recognising it as a clear case of self-defence.

“This is really a sad day for Nigerians and their rights to self-defence,” he said.

“In February of 2021, we read in the news about Jackson’s death sentence just as we were coming to Nigeria.

“We flew to Yola and I met with his counsel. He was so poor that it was the Legal Aid Council that helped him.

“So, I looked through a copy of the judgment and on the spot, in that initial review, I saw that there was a 167-day lapse between the close of argument and judgment.

“Our constitution specifically says it has to be within 90 days. Now the Legal Aid Council hadn’t even found it. That is how you know the quality of representation that he (Jackson) had. So, Jackson has been failed at every possible level by the system.

“I was initially working with the Legal Aid Council to prepare an appeal. I travelled back to the US. When I came back (to Nigeria), his counsel had changed.”

Ogebe said he reached out to the new counsel, highlighting key details of the case, which the counsel confirmed being aware of.

“The case is so clear because this man (Jackson) retrieved the knife of his attacker. So, it wasn’t his own knife.”

According to Ogebe, if Jackson were to be charged, it should have been for manslaughter, not murder.

“This man has no case to answer. And now he has been sentenced to death. He has exhausted all legal channels and is awaiting execution,” he said.

‘RUSHED JUDGMENT’

Also speaking during the interview, William Devlin, a US-based human rights advocate, claimed that the Nigerian justice system failed Jackson.

“This is a sad day for human rights in Nigeria. Sunday Jackson, by anyone’s estimation, is totally innocent,” Devlin said.

“This man was out farming, minding his business, and the attacker came and a struggle ensued. Of course, this man defended himself. That is what we call self-defence.”

Devlin claimed that the supreme ruling upholding Jackson’s death sentence did not last up to three minutes.

“We just wept at the failure of the Nigerian supreme court (to free the man). They had the opportunity to say that this man was totally innocent,” he said.

“But we had the opportunity to meet this humble farmer. Unfortunately, his wife abandoned him. He had been on death row for 10 years.”

Devlin said Jackson’s case has gained international attention, adding that they will continue to advocate for him.