A COMPARATIVE ANALYSIS OF THE APPLICATION OF THE PRINCIPLE OF SELF-DEFENCE IN NIGERIA AND AMERICA

With the rising spate of insecurity in Nigeria and all over the world, the task of defending dear life and properties has somewhat fallen on individuals hence the saying ‘self-defence is the best form of defence’. Self-defence is one of the oldest defences since the inception of modern civilization. The Nigerian Constitution in Section 33(2)(a) allows the use of reasonable and rational force in the defence of oneself, others, or property from unlawful violence. Self-defence is based on legislation that permits individuals to counteract potentially harmful attacks from aggressors in situations they believe could result in severe injury or death. The Stand Your Ground laws obtainable and legalized in some states of United States of America, are laws which allows private individuals to use deadly force when defending themselves without retreating from a life-threatening situation. The doctrinal method of research was used in this article. This article examined the concept of self-defence in Nigeria, exploring its legal and constitutional framework while comparing the Stand Your Ground rules in America- the variations between both laws and any controversies surrounding their application. Ethical and legal dilemma surrounding the use of excessive force, weapon misuse and human rights violations were also explored in the work. The article concluded by emphasizing that there is the need for a review of the laws surrounding self-defence in Nigeria especially as it relates to the amount of force legally permissible when a threat to life is envisioned.