9 - The Nigerian Institute of Advanced Legal Studies

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Law and Security in Nigeria
international humanitarian law. 42 As such, self-defence is
sometimes designated as a right, 43 a position which is in
harmony with ancient philosophical expositions of the right
of an individual to possess arms for the purpose of selfdefence
as a natural right. 44 Similarly, under common law,
the right to defend oneself and his or her property against
threats remains a basic right. 45 Self-defence, as a defence to
murder and other offences relating to bodily harm, is codified
in national statutes 46 and is well-established by case law. 47
42. See the four Geneva Conventions of 1949 and the Additional Protocol I
Relating to the Protection of Victims of International Armed Conflicts and
ICRC, Basic Rules of the Geneva Conventions and their Additional
Protocols, at:
www.icrc.org/Web/Eng/siteeng0.nsf/html/57JMJR?OpenDocumen. See
also “Prevention of Human Rights Violations Committed with Small and
Light Weapons”, being final report submitted by Barbara Frey, in
accordance with Sub-Commission resolution 2002/25,
A/HRC/Sub.1/58/27, 27 July, 2006 (Frey, “Final Report”), at:
http://www.iansa.org/un/documents/salw_hr_report_2006.pdf.
43. See Article 2 of the European Convention for the Protection of Human
Rights and Fundamental Freedoms (European Convention on Human
Rights), 1950 213 U.N.T.S. 222, entered into force Sept. 3, 1953, as
amended by Protocols Nos. 3, 5, and 8 which entered into force on 21
September 1970, 20 December 1971 and 1 January 1990 respectively. See
also Frey, Ibid, paras 20-21 and sections 59 and 60 of the Penal Code Cap
89 Laws of Northern Nigeria 1963, which guarantees the right of private
defence. Section 60 (a) provides: “Every person has a right, subject to the
restrictions hereafter contained, to defend his own body and the body of
any other person against any offence affecting the human body.
44. Aristotle: The Politics, Stephen Everson (ed.) (Benjamin Jowett Trans.,
1988); cited in David B. Kopel, Paul Gallant and Joanne D. Essien:
“Firearms Possession by ‘Non-State Actors’: The Question of
Sovereignty”, Texas Law Review of Law and Politics, vol. 8, no. 2, 2004, p
378, at: http://ssrn.com/abstract=742647.
45. See Christopher Smchmidt: “Án International Human Rights to Keep and
Bear Arms”, William & Mary Bill of Rights Journal, Vol. 15, 1983, at:
http://www.davekopel.com/2a/OthWr/AN-INTERNATIONAL-HUMAN-
RIGHT-TO-KEEP-AND-BEAR-ARMS.htm.
46. See 59, 60 and 65 of the Penal Code and sections 286-289 of the Criminal
Code Act Cap C38 LFN 2004
47. See Ahmed v. State (1999) 7 NWLR Pt. 612, p 641 (674), para B.