LEGAL PRINCIPLE: CRIMINAL LAW — Defences — Self-Defence — Not Available to Aggressor
PRINCIPLE STATEMENT
Where the accused was the aggressor throughout the incident, the defence of self-defence is not available to him.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Ejionwu v. The State (1995) NLC-2101992(SC) at p. 11; Paras. A–C.Per Kutigi, JSC, in Ejionwu v. The State (1995) NLC-2101992(SC) at p. 11; Paras. A–C.
"Where the accused was the aggressor throughout the incident, the defence of self-defence is not available to him. The appellant ordered the fight, prevented others from intervening, and was not attacked by the deceased before striking the fatal blow. There was no evidence that the deceased or anyone else attacked the appellant either by words or deed."
EXPLANATION / SCOPE
Self-defence requires that the accused was the victim of an unlawful attack. The aggressor cannot claim self-defence. The principle applies to all criminal cases. The court must examine who initiated the violence. The defence is unavailable if the accused started the fight. The rule prevents accused persons from using self-defence as a justification. The prosecution must prove that the accused was the aggressor. The court will consider the sequence of events. The principle is well-established in common law.