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• DEATH BY MISADVENTURE.
• READ SECTION 69.
SELF-DEFENCE
• Discuss the history of self defence in
humanity.
• Read sections 32(3) of the criminal code and
59 of the penal code.
• As much as the law recognises the natural
instinct in man to self- preservation , it lays
down some limitations in order to avoid an
anarchical society.
• These limitations are well entrenched in
sections 286 of the criminal code and 62 of
the penal code.
• Under the penal code , where a person
defends his body against assault such as rape,
abduction or kidnapping , the right of self-
defence will avail the accused person.
• Where the attacker is unarmed , the accused
person can hardly succeed in pleading self
defence if he repelled the bare hand attack
with a lethal weapon.
• Read the following cases;
• State vs Gworji (1965) 1 N.N.L.R. 52
• R V Josiah Onyemaizu (1958) N.R.N.L.R
• Isaac Pennington Blake vs Queen (1942)
W.A.C.A. 118.
• Abadallahe vs Bornu N.A. (1963) 1 All N.L.R.
154.
• R V Igwe (1961) All N.L.R. 27.
• Queen vs Stephen Oji(1961) All N.L.LR. 453
• Another limitation is placed under section 63
of the penal code where the attacked person
is requested to have recourse to public
authorities.--- discuss.
AIDING IN SELF-DEFENCE
• Read section 288.
• See State vs Agbo (1977) 3 E.C.S.L.R 4.