In a landmark ruling, the Supreme Court of Nigeria has upheld the death sentence of a farmer, Sunday Jackson, for the murder of a herdsman, Alhaji Buba Bawuro, in Kodomti Village, Numan Local Government Area of Adamawa State. The apex court’s decision reaffirmed the judgments of both the Court of Appeal and the trial High Court, sealing Jackson’s fate in a case that has sparked legal and social discourse on self-defence, provocation, and justice.
Delivering the judgment in case SC/CR/1026/2022, Justice Mohammed Baba Idris, in a unanimous decision, dismissed Jackson’s appeal, ruling that the defences of provocation and self-defence could not stand. The court maintained that the evidence against Jackson was overwhelming and that his own statements reinforced the prosecution’s case rather than exonerating him.
The judgment, delivered on March 7, 2024, but dated March 21, 2024, emphasized that an accused person cannot simultaneously claim both provocation and self-defence for the same crime. The Supreme Court ruled that Jackson’s reliance on these defences only strengthened the case against him, proving beyond a reasonable doubt that he deliberately took Bawuro’s life.
“The defences of self-defence and provocation are mutually exclusive and cannot be applied simultaneously,” the court declared. “The appellant’s actions do not fit within the legal framework of provocation, and his claims of self-defence collapse under scrutiny.”
The prosecution had presented Exhibits B1 and B2, which contained Jackson’s confessional statements, further solidifying his conviction. The Supreme Court ruled that these statements were not mere declarations but rather strong confessions sufficient to warrant a guilty verdict.
“It is settled that the burden lies on the appellant to provide compelling reasons for this court to interfere with the concurrent findings of the lower courts,” the ruling stated. “However, in this case, no such reasons exist. The evidence before this court is irrefutable, and there is no justification for overturning the conviction.”
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Justice Emmanuel Akomaye Agim, while concurring with the ruling, highlighted a critical legal principle:
“If a person successfully disarms an assailant but fails to retreat, instead using the seized weapon to attack the now unarmed individual, such an act is no longer self-defence but revenge. The law does not protect retaliatory violence.”
The Supreme Court panel, which also included Justices Helen M. Ogunwumiju, Haruna Simon Tsammani, and Habeeb Adewale O. Abiru, unanimously dismissed Jackson’s appeal, affirming that the trial court and Court of Appeal were right in convicting him for culpable homicide punishable by death.
With the Supreme Court’s ruling, Sunday Jackson has exhausted his legal options. The judgment not only upholds the sanctity of the judicial process but also underscores the Nigerian legal system’s stance on murder, self-defence, and provocation.
“In the absence of substantial proof supporting the defences raised, this court finds no merit in this appeal. The conviction and sentence handed down by the trial court and upheld by the Court of Appeal remain valid,” the ruling concluded.
This judgment sets a powerful precedent in Nigerian jurisprudence, reinforcing the principle that self-defence cannot be a veil for revenge and that the rule of law will always prevail.
PIONEER NEWS 