Nigerian lawyer, Muhammed Adam, has said citizens have the right to act in self-defence when confronted by unlawful aggression and mistreatment from police officers, military personnel and other law enforcement agents.

Adam, popularly known as Foundational Nupe Lawyer (@egi_nupe___) on X, made this known in an interview with Pulse.

Adam's remarks followed the killing of Aminu Halisu Sahabi, an Economic and Financial Crimes Commission (EFCC) operative, by a suspected internet fraudster, Joshua Chukwubueze Ikechukwu.

Sahabi died in the line of duty on Friday, January 17, 2025, but his death has raised a number of questions regarding law enforcement and citizens' rights in the country.

The anti-graft agency had stormed Ikechukwu's residence at Dr. J. O. Ukwutinife Close, Ifite, Awka, Anambra State's capital, in the dead of night to arrest him.

According to reports, the operatives forcefully gained access to the suspect's compound. However, Ikechukwu, having sighted them through the CCTV cameras mounted at his doorstep, refused to open his door.

After an intense few minutes, the suspect reportedly opened fire on the EFCC officials, killing Sahabi and injuring another operative in the process.

Self-defence or murder?

The incident sparked conversations online about Nigerian law enforcement agents' conduct and modus operandi, especially the EFCC, which is notorious for midnight raids of private residents, hotels, and school hostels.

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Many people argued that Ikechukwu - whom the EFCC described as a medical doctor practicing at the Nnamdi Azikiwe University Teaching Hospital, a claim later debunked by the Nigerian Medical Association (NMA) - acted in self-defence.

The social media commentaries also implied that the suspect used a licensed gun and had every right to defend himself and his family because the EFCC operatives barged into his apartment at night without search and/or arrest warrants.

In further defence of the suspect, critics suggested that the operatives could have been mistaken for armed robbers, kidnappers, or assassins, given the manner they entered the residence vis-à-vis the prevalent insecurity in the area.

What actions count as self-defence?

Meanwhile, Adam explained the concept of self-defence, legal viability, and what citizens are permitted to do when confronted with aggressive law enforcement agents.

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"The concept of 'Self Defence' comes from the Latin phrase "se defendendo," meaning to defend oneself. It refers to the right to use reasonable force to protect oneself, one's family, or property from actual or imminent threats. Legally, self-defense is justified when the response is immediate, proportional, and directly related to the level of danger faced," the lawyer said.

Quoting Section 33(2) (a) of the Nigerian Constitution, he said: "A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as a result of the use, to such extent and in such circumstances as are permitted by the law, of such force as is reasonably necessary- (a) for the defence of any person from unlawful violence or for the defence of property."

The legal practitioner also referenced Section 286 of the Criminal Code, which states that: "When a person is unlawfully assaulted and has not provoked the assault, it is lawful for him to use such force to the assailant as is reasonably necessary to make an effectual defence against the assault."

Is self-defence a sufficient claim?

However, Adams disagreed that Ikechukwu could justify his actions by claiming self-defence, saying there had to be a tangible and immediate threat.

"In scenarios like that of the EFCC suspect's case, the mere perception of threat does not suffice to justify self-defense. Legal standards require that a tangible and immediate threat be present for the use of force to be considered lawful," he opined.

The lawyer stressed that based on judicial precedents and other relevant cases, the following elements must be present for a plea of self-defense to be valid for the defendant:

He maintained that the reported manner in which the EFCC operatives gained entrance to the suspect's residence was not threatening enough to justify Ikechukwu's reaction.

"No, it can't. Considering how the EFCC officials gained entrance into the suspect's residence, such actions generally lack the requisite level of threat that would validate a defensive reaction from the suspect. Therefore, the suspect's reaction cannot be justified under self-defense," he added.

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Nigerians have right to defend themselves

However, Adams said citizens are entitled to defend themselves when they experience mistreatment from law enforcement agents, including police officers, EFCC operatives and military personnel.

On the other, he warned that such actions must be proportional to the circumstances surrounding the encounter.

"Citizens are entitled to act in self-defense when confronted with mistreatment or unlawful aggression from law enforcement agents, including police or military personnel. However, such actions must be carefully weighed against the circumstances surrounding the encounter."

Giving an instance where it can be justified to act in self-defense against law enforcement agents, the lawyer said, "A citizen may be justified in acting in self-defense against law enforcement when there is a clear and present danger to their life or severe bodily harm, particularly in instances of unlawful arrest or excessive force."

He further counseled that, "If the threat does not reach such a level, citizens should seek to de-escalate the situation or contact legal representation or relevant authorities to report the misconduct rather than responding with force. Legal avenues exist to address grievances against law enforcement conduct without resorting to violence."