Right to Life: Exceptions and limitations under Nigerian laws

Generally, right to life is of universal standard. Various international treaties and instruments recognize right to life as an inherent and inalienable right. Equally, under Nigerian laws, right to life is regarded as both human and fundamental right. Notwithstanding this, certain limitations and exception to the right exist.

Under Nigeria constitution (1999 as amended), the right to life is absolute which means that it can’t be deprived of except in the event of war or national emergency. Hence, section 33(1) of the constitution provides:

“Every person has right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offense of which he has been found guilty in Nigeria.”

By virtue of the above provision, right to life, though absolute, has exception and limitations. Where a court pass death sentence on a convicted criminal, right to life can’t overturned such judgement.

Limitations and Exceptions to Right to Life

Heretofore, the provision of subsection 2 of the section 33 further provide for other limitations and exceptions. Thus:

A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as result of the use, of such extent and in such circumstances as are permitted by law, of such force as is reasonably necessary –

(a) For the defense of any person from unlawful violence or for the defense of property.

(b) In order to effect a lawful arrest or to prevent the escape of a person lawfully detained.

(c) For the purpose of suppressing a riot, insurrection or mutiny.

In light of the above provision, provided reasonable force is use, killing in self defense, defense of property, effecting lawful arrest or prevention of escape of lawfully detained criminal, suppressing riot, insurrection or mutiny does not amount to deprivation of right to life.

Summarily therefore, exception and limitations to right to life could be sum up to:

(1) Death sentence in relation to criminal offense.

(2) (a)Death as a result of self defense from unlawful violence, (b)defense of property or (c) defense of others.

(3) Death resulting from effecting a lawful arrest or prevention of escape of person lawfully detained; and

(4) Death resulting from suppressing riot, insurrection or mutiny.

Any of the above circumstances resulting in death, does not amount to deprivation of right to life.

1. Death Sentence in relation to criminal offense

Under Nigerian laws, offences which are punishable by death were provided for ( as in sect. 33(2) above). ‘According to Prof. Akande, there are five offences present in Nigeria which are punishable by death. They are: Murder, or culpable homicide; treason; treachery; and presiding at an unlawful trial by ordeal from which death result. See Mowoe M. K: Constitution in Nigeria, malthouse press 2008, pg 294.

In State v. Kalu(1998), the accused was sentenced to death by the trial court. On appeal on weather or not the accused’s right to life had been violated, the Supreme Court upheld the legality of the death sentence and thereupon affirmed the judgement of the trial court.

In the case of MBEMRE v. SHELL, right to life was translated to include healthy environment. See also Bello v. State (1986)5 NWLR (pt. 45)828.

2: (a). Death as result of self defense from unlawful violence

Generally, under the provision of section 33 (2) of the constitution, death resulting from self-defense is an exception to right to life, provided reasonable force is use. Therefore where person use reasonable force to depend himself against eminent danger and death result therefrom, he should not be guilty of murder. Further provision under sec 286 of the criminal code reveals that:

“when a person is unlawfully assaulted, and has not provoked the assault, it is lawful for him to use such force to the assailant as it reasonably necessary to make effectual defence against the assault.” for the definition of assault, See sec. 252

In Okonkwo v. The state, the deceased forced himself into the house of the first accused at about twelve midnight. Armed with knife, the deceased confronted the first accused and engaged him in combat. The first accused whereupon raised alarm and people from the compound including the appellant came and help tied the deceased down. The appellant then called police who took the deceased away but later on deposited his dead body in mortuary. At the court of first instance, the accused was sent to death but on appeal, the court of appeal overturned the judgement on the ground of self-defense.

However, it’s important to note that for self-defense to hold, the following rules must be abide by:

(1) The original assault must be unlawful, unjustifiable by law.

(2) The assault must be unprovoked by the accused.

(3) There must be reasonable apprehension of death or grievous bodily harm.

(4) The Force use in repelling the attack must be proportionate to the Force use by the attacker. See Emmanuel Ubani v. The state (2003) 39 WRN 51.

(b). Defense of property

Under section 282 of the criminal code, defense of person or any member of his compound against unlawful entering of such compound by any person believe on reasonable ground to attempting to break in order to commit a felony or misdemeanor does not amount to deprivation of right to life.

Therefore, where a person unlawfully break into a compound in order to commit crime, members of such compound have right to to protect their property, and if in the process death result, such death does not amount to deprivation of right to life. See also Okonkwo v. The state (supra).

(C). Defense of others

The defence of another person is seen as an uffshoot of self depence (Mowoe M. K., Op. cit. Pg303.) Also, ‘self-defence is not narrowly construed but embraces the defence of other persons and their properties from wrongful invasion.’(Smith and Hogan, Criminal law, (1974, 3rd Ed.). See also, State v. Agko (1973) ECSL 4.; R v. Duffy (1966)1 All E R 62.

3. Death resulting from lawful arrest or to prevent escape of a person lawfully detained

Accordingly, police are empowered to effect lawful arrest by warrant where the law creating the offence so requires, or, in all other instances, without warrant. Whenever a person commit offence in presence of policeman, such policeman may arrest the person irrespective weather there is warrant or not( sect. 20, Police Act.). However, if the offence committed by the offender is punishable with death or by imprisonment of not less than seven years, the officer may kill in the process of effecting the arrest if there is no other means of arresting the offender.

Where arrest is unlawful, the suspect may use reasonable force to prevent the arrest. If death result from such use of force, it would not amount to murder.

4. Death as a result of the suppressing of riot, insurrection or mutiny.

Willful killing in order to suppress riot is permitted by law: thus, section 276 of the criminal code provides:

“it is lawful for any person to use such force as is necessary to suppress a riot, and is reasonably proportionated to the danger to be apprehended from its continuance.”

This position of law can be implemented either by a peace officer, or any person acting under the orders of a peace officer or other person weather subjected to military law or not, in situation where it’s evident that provided such reasonable force is not use to suppress the riot, mischief would be committed. See sect. 278 & 279 of the criminal code.

To this end, right to life is absolute and sacrosanct. However, where such circumstances exist, in which law permitted the use of force, to such extend as is reasonably necessary, in order to carry sentence of death by a court, defend oneself against unlawful violence, defend one’s property or the life of others; effect a lawful arrest or prevent escape of a person lawfully detained; suppress riot, insurrection or mutiny, death resulting therefrom any of the above circumstances is not a deprivation of right to life, but a limitations and exceptions to it.

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