By Amos Tauna, Kaduna
Thean Association of Nigeria (CAN) in the 19 Northern states and the Federal Capital Territory (FCT), Abuja, has expressed concern with the Supreme Court’s judgment that sentenced Mr. Sunday Jackson, a farmer from Adamawa State to death by hanging for self-defence.
CAN strongly believed that the decision is contrary to the provisions of Adamawa State Penal Code, Sections 23 & 24, saying that the Adamawa State Penal Code Section 23 provides that “Nothing is an offence which is done in the lawful exercise of the right of private defence”.
The attention of the 19 Northern States and FCT Christian Association of Nigeria (CAN)
has been drawn to a recent Supreme Court’s judgment which sentenced Mr. Sunday
Jackson, a farmer from Adamawa State to death by hanging for self-defence, a decision
we strongly believe is contrary to the provisions of Adamawa State Penal Code, Sections
23 & 24. The Adamawa State Penal Code Section 23 provides inter alia:
“Nothing is an offence which is done in the lawful exercise of the right of private
defence.”
Sunday was arraigned on November 21, 2018, on a one count charge of causing the death of one Ardo Bawuro by stabbing him with a knife thrice on the neck with the intention of causing
his death, stressing that the knife which Sunday used to stab Bawuro actually belonged to the same Ardo Bawuro that he had succeeded in collecting.
A statement issued by Rev. John joseph Hayab and Bishop Mohammed Naga, chairman and Secretary General of Northern CAN said, “The statement of facts of the Appellant’s brief of argument was that the defendant testified
for himself on the 27th day of February, 2020 and the matter was adjourned to the 27th
day of August 2020 for the adoption of final written addresses of the prosecution and
defence counsels. Judgment was delivered on the 10th day of February, 2021.
“A calculation of the time between the adoption of final addresses of counsels on August
27th, 2020 and the delivery of judgment on February 10, 2021 amounts to in excess of 167
days.”
It explained that the 1999 constitution was amended to afford expeditious dispensation of justice to litigants by the prescription of 90 days within which a judgment must be delivered from close of final addresses, saying that by section 294 (5), judgments delivered beyond the 90 days prescribed by subsection 1 ofBy section 294 (5), judgments delivered beyond the 90 days prescribed by subsection 1 of section 294 is a nullity as it a nullity as it amounts to miscarriage of justice.
According to the statemen, “The facts of this case are a textbook case of miscarriage of justice: In the first place, Mr Sunday Jackson was held awaiting trial for capital offence for several years – a trial that essentially consisted of no more than five sittings. Instead of a five-day trial, he spent over six years in custody in a non-controversial trial in which he did not deny that the death of the deceased occurred as a result of an altercation via self-defence.
Having spent all this time, Mr Jackson was further subjected to 167 days of agonising wait for judgment as to whether he should be freed or hanged in violation of constitutional
protections against such protracted delays.”
CAN noted that it is highly regrettable that notwithstanding the unambiguous provision of Section 23 of the Adamawa State Penal Code Laws, the trial judge went ahead to sentence Mr. Sunday Jackson to death by hanging, lamenting that painfully, both the Appeal and Supreme Courts upheld “this grave travesty of justice”.
The statement opined that that the trial judge misinterpreted Section 23 of the Adamawa State Penal Code Laws to mean that Sunday Jackson had the option of flight when he was attacked and injured on his leg and not to fight in self-defence clearly distorted logic on its head by saying plaintiff should have run away while having admitted into evidence that he was stabbed in the leg and thus momentarily handicapped.
In view of the foregone, the statement added that the 19 Northern States and FCT Christian Association of Nigeria (CAN) appealed to the Governor of Adamawa State, Ahmadu
Umaru Fintiri to kindly, in the exercise of his constitutional duties and the “prerogative of
mercy”, and in the spirit of peace building and reconciliation which both the state and the
nation now desperately need, to please pardon Mr Sunday Jackson.
The statement said, “Mr Sunday Jackson has truly been subjected to the excruciating pain of waiting for death in the midst of the shadow of death by the grave travesty of the misinterpretation of Section 23 of the Adamawa State Penal Code Laws and the unnecessary prolonged trial that lasted
six and half years, which ordinarily should not have lasted such a lengthy period.”
CAN, therefore, appealed to Governor Fintiri to also consider the agonising wait for judgment Jackson was subjected to, believing that the governor will graciously accede to this humble plea.
