Two Senior Advocates of Nigeria (SAN), Professor Ernest Ojukwu
and Mr. Norrison Quakers, yesterday gave Lt General Theophilus
Danjuma (rtd) their support on his call to Nigerians to defend
themselves against bandits.
Self-defence is allowed in law,the two senior lawyers told The
Nation not TheNigerialawyer, the same line of argument espoused by
activist lawyer, Mr.Femi Falana (SAN) on Wednesday.
Ojukwu, a former Deputy Director-General of the Nigerian Law
School, said self-defence against attacks does not necessarily mean
the government has failed.
He said communities who have organised systems of self-defence
only complement the government’s security arrangement.
Ojukwu does not believe that Nigerians defending themselves
against attacks would lead to anarchy.
He said: “What has been holding our leaders from saying that?
That (self-defence) is the natural course of things. It is a
fundamental right to defend yourself. I’m not saying the government
has failed, but you still have a duty to defend yourself. It’s a
duty.”
On whether Danjuma’s call for self-defence would not encourage
citizens to acquire arms, Ojukwu said the vigilante system was a
form of self-defence.
He said dispute resolution through dialogue in a bid to
forestall crisis was also a form of self-defence.
“We have had a history of local vigilantes for a long time in
various parts of the country. In those parts of the country where
there are no local vigilance groups, such crimes (herdsmen attacks)
have been committed.
“You can still go to some parts of this country where there’s
almost zero crime. In some places like Ogoja (in Cross River),
there is nearly zero crime because there’s community defence.
There’s a total defence of rights.
“But discussing it from the mere phrase seems to be too
technical. There are too many issues surrounding the defence of a
human being.
“If there is a problem between communities or between certain
people, it’s not only defence that is the problem. There are also
the problems of mediation, discussion, sharing and interest that is
being protected.
“But any community that decides not to defend itself should bear
the brunt of their problems, whether or not the government has
failed.
“Whether or not the government is said to have failed, there is
a duty for everybody in any community to defend themselves. Of
course that defence is also to support the government
machinery.
“The law itself permits you to defend yourself reasonably. If
somebody comes to your house with a knife, you have a right to take
a gun. It’s the law,” Ojukwu said.
For Quakers, Danjuma’s call was not out of order and must not be
treated with kid gloves.
He said: “The well decorated and respected general, being a
one-time minister of defence, made the call from an informed
position and should the government treat it with levity, anarchy
might not be an option. I believe it is the government’s timely
intervention in the allegation that will avert any political
turmoil or crisis.
“This allegation of military complicity in the mayhem in the
North must be taken seriously. It is a ticking time bomb that must
be defused before it is too late.”
Falana ,speaking during a training on libel for reporters of The
Nation newspapers said Danjuma was right in his advice that
Nigerians should defend themselves against killers.
Falana said the constitution recognises the right to protect
oneself from violent attacks.
“What Danjuma said is accommodated under our Constitution,” he
said.
”If the government is unable to save you as in the case of the
Benue, Kogi and Zamfara attacks, you have a right to defend and
save yourself.
“So, if you insult Danjuma that he is inciting violence, that
could be a ground for him to sue you for libel.”
Last Saturday, at the maiden convocation of the Taraba State
University (TSU), Jalingo, Danjuma alleged that the armed forces
had failed to protect Nigerians because they collude with killer
herdsmen.
Danjuma said: “The ethnic cleansing must stop in Taraba State,
must stop in all the states of Nigeria. I ask everyone of you to be
alert and defend your territory, your state. You have nowhere else
to go.”
Two Senior Advocates of Nigeria (SAN), Professor Ernest Ojukwu
and Mr. Norrison Quakers, yesterday gave Lt General Theophilus
Danjuma (rtd) their support on his call to Nigerians to defend
themselves against bandits.
Self-defence is allowed in law,the two senior lawyers told The
Nation not TheNigerialawyer, the same line of argument espoused by
activist lawyer, Mr.Femi Falana (SAN) on Wednesday.
Ojukwu, a former Deputy Director-General of the Nigerian Law
School, said self-defence against attacks does not necessarily mean
the government has failed.
He said communities who have organised systems of self-defence
only complement the government’s security arrangement.
Ojukwu does not believe that Nigerians defending themselves
against attacks would lead to anarchy.
He said: “What has been holding our leaders from saying that?
That (self-defence) is the natural course of things. It is a
fundamental right to defend yourself. I’m not saying the government
has failed, but you still have a duty to defend yourself. It’s a
duty.”
On whether Danjuma’s call for self-defence would not encourage
citizens to acquire arms, Ojukwu said the vigilante system was a
form of self-defence.
He said dispute resolution through dialogue in a bid to
forestall crisis was also a form of self-defence.
“We have had a history of local vigilantes for a long time in
various parts of the country. In those parts of the country where
there are no local vigilance groups, such crimes (herdsmen attacks)
have been committed.
“You can still go to some parts of this country where there’s
almost zero crime. In some places like Ogoja (in Cross River),
there is nearly zero crime because there’s community defence.
There’s a total defence of rights.
“But discussing it from the mere phrase seems to be too
technical. There are too many issues surrounding the defence of a
human being.
“If there is a problem between communities or between certain
people, it’s not only defence that is the problem. There are also
the problems of mediation, discussion, sharing and interest that is
being protected.
“But any community that decides not to defend itself should bear
the brunt of their problems, whether or not the government has
failed.
“Whether or not the government is said to have failed, there is
a duty for everybody in any community to defend themselves. Of
course that defence is also to support the government
machinery.
“The law itself permits you to defend yourself reasonably. If
somebody comes to your house with a knife, you have a right to take
a gun. It’s the law,” Ojukwu said.
For Quakers, Danjuma’s call was not out of order and must not be
treated with kid gloves.
He said: “The well decorated and respected general, being a
one-time minister of defence, made the call from an informed
position and should the government treat it with levity, anarchy
might not be an option. I believe it is the government’s timely
intervention in the allegation that will avert any political
turmoil or crisis.
“This allegation of military complicity in the mayhem in the
North must be taken seriously. It is a ticking time bomb that must
be defused before it is too late.”
Falana ,speaking during a training on libel for reporters of The
Nation newspapers said Danjuma was right in his advice that
Nigerians should defend themselves against killers.
Falana said the constitution recognises the right to protect
oneself from violent attacks.
“What Danjuma said is accommodated under our Constitution,” he
said.
”If the government is unable to save you as in the case of the
Benue, Kogi and Zamfara attacks, you have a right to defend and
save yourself.
“So, if you insult Danjuma that he is inciting violence, that
could be a ground for him to sue you for libel.”
Last Saturday, at the maiden convocation of the Taraba State
University (TSU), Jalingo, Danjuma alleged that the armed forces
had failed to protect Nigerians because they collude with killer
herdsmen.
Danjuma said: “The ethnic cleansing must stop in Taraba State,
must stop in all the states of Nigeria. I ask everyone of you to be
alert and defend your territory, your state. You have nowhere else
to go.”
Read more https://nairalaw.com/more-sans-back-danjuma/