LEGAL PRINCIPLE: CRIMINAL LAW – Defences – Self-Defence – Availability Requires Evidence That Accused Acted in Protection of Self
PRINCIPLE STATEMENT
Where the defence of the appellant charged with murder rests on the circumstances of the killing, and the trial court has found that upon the evidence those circumstances do not exist, that should be the end of the matter, unless it is demonstrated by the appellant that the finding that those circumstances do not exist is erroneous.
RATIO DECIDENDI (SOURCE)
Per Ayoola, JSC, in Ubani v. State (2001) NLC-2072000(SC) at p. 5; Paras A–B.
"Where the defence of the appellant charged with murder rests on the circumstances of the killing, and the trial court has found that upon the evidence those circumstances do not exist, that should be the end of the matter, unless it is demonstrated by the appellant that the finding that those circumstances do not exist is erroneous."
EXPLANATION / SCOPE
If the trial court finds that the circumstances supporting self-defence do not exist, that finding is conclusive unless the appellant demonstrates error. The appellant must show that the trial court’s finding was erroneous. The burden is on the appellant to demonstrate that the evidence supported self-defence. The trial court’s evaluation of evidence is entitled to deference. The defence of self-defence requires proof of specific circumstances—imminent threat, reasonable force, no alternative. If those circumstances are not proved, the defence fails. The appellate court will not re-evaluate evidence unless the trial court’s finding is perverse. The principle prevents re-litigation of factual findings.
