Law Views

⚖️ Is Self-Defence a Complete Defence to Murder?

The law in many jurisdictions recognizes that individuals have the right to protect themselves or others from imminent unlawful harm. In Nigeria, the law allows the use of reasonable and proportionate force in self-defence when faced with an immediate threat.

However, not every claim of self-defence will succeed in court.

Under Section 32(2) of the Nigerian Criminal Code Act, a person is not criminally responsible for an act done in self-defence if the force used is no more than is reasonably necessary to repel the attack.

To successfully rely on self-defence, the accused must generally establish that:

✔️ There was an imminent and unlawful attack, or a reasonable belief that such an attack was about to occur.

✔️ The force used was reasonably necessary to prevent or stop the attack.

✔️ The level of force was proportionate to the threat. Once the danger has ended, the legal justification for using force also ends.

Example:

If an armed robber points a firearm at you and, during the struggle, the robber is killed, self-defence may apply.

However, if the attacker has been disarmed, is fleeing, or no longer poses a threat, and you then intentionally kill the person, it is unlikely to be legally justified as self-defence.

Where the court accepts a claim of self-defence, it serves as a complete defence to a charge of murder, because the killing is regarded as legally justified under the law.

Disclaimer: This post provides general legal information based on Nigerian law and should not be considered legal advice. Legal outcomes depend on the specific facts of each case and the applicable law.

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Can a Hospital Refuse Emergency Treatment Because You Cannot Pay Immediately?

The right to emergency medical care is a fundamental aspect of healthcare in many countries. In Nigeria, the law is clear: a hospital cannot legally refuse emergency treatment simply because a patient cannot make an immediate payment.

An emergency is any life-threatening condition or situation that could result in serious injury, permanent disability, or death if urgent medical attention is delayed. This includes, but is not limited to:

Road traffic accidents
Gunshot wounds
Stroke
Heart attacks
Complications during childbirth
Poisoning
Severe asthma attacks
Other critical medical emergencies

The National Health Act, 2014 (Section 20) provides that no healthcare provider, health worker, or health establishment shall refuse a person emergency medical treatment for any reason whatsoever.

Additionally, the Compulsory Treatment and Care for Victims of Gunshot Act, 2017 (Section 1) mandates that every hospital in Nigeria must provide emergency treatment to victims of gunshot injuries and other emergency situations without requiring a police report or an upfront payment.

The principle behind these laws is straightforward: saving lives comes first. Financial matters and administrative procedures can be addressed after the patient has been stabilized.

Refusing or delaying emergency treatment because of an inability to pay may have devastating consequences. Where such refusal results in injury or death, the hospital and the responsible individuals may face serious legal consequences, including civil liability and, where applicable, criminal prosecution.

Access to emergency medical care is not only a legal obligation but also a humanitarian responsibility. Every second matters when a life is at risk.

This post is intended for educational and informational purposes and reflects the legal position in Nigeria. Healthcare laws and patients' rights may differ in other jurisdictions.

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⚖️ Is Teaching Law the Same as Practicing Law?

This is a common question in legal circles—and the answer is no.

Teaching law and practicing law are two distinct professional paths, even though both require extensive legal knowledge.

A person with an LL.B. or even a Ph.D. in Law may be academically qualified to teach law at a university, provided they meet the institution's employment requirements. However, academic qualifications alone do not automatically authorize someone to practice law as a licensed legal professional.

In many jurisdictions, including Nigeria, becoming a legal practitioner requires meeting additional professional requirements, such as completing professional legal training, being called to the Bar, and being formally enrolled as a legal practitioner.

Law lecturers play a vital role in shaping future lawyers through legal education, research, and scholarship. Legal practitioners, on the other hand, are professionally licensed to represent clients, appear before courts, and provide legal services in accordance with the laws of their jurisdiction.

Understanding this distinction highlights the important but different roles that legal academics and practicing lawyers play in strengthening the justice system.

💬 What are your thoughts? Should every law lecturer also be a licensed legal practitioner, or is academic expertise enough for teaching?

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One day in court, I witnessed a moment that perfectly illustrated why clear communication is indispensable to the administration of justice.

A witness was giving evidence in a language the court could not understand, so an interpreter was called to assist.

Everything proceeded smoothly until the witness gave a lengthy response. The courtroom waited as the interpreter listened carefully.

After a brief pause, the interpreter smiled and translated the entire response into just a few words.

For a moment, the courtroom fell silent.

Then the witness quickly interrupted and said, "That's not everything I said. 😂

Even the judge couldn't help but smile.

It was a light-hearted moment, but it highlighted a serious legal principle: language is not merely about words—it is about meaning.

A competent court interpreter does far more than translate vocabulary. They ensure that the witness's evidence is conveyed accurately, completely, and faithfully so that the court can properly understand the testimony. This role is fundamental to the fair administration of justice and the protection of every person's right to be heard.

Pepper Soup Wisdom:
In court, every word matters. Sometimes, the difference between a few words and the full story can make all the difference.

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Day 10: No Law, No Crime — No One Can Be Punished for an Offence That Does Not Exist in Law

"In a constitutional democracy, justice begins with the law. No person can be convicted or punished for an act unless that act has already been defined as a criminal offence by law, and the applicable punishment is prescribed in a written legal provision."

One of the most fundamental principles of criminal justice is the doctrine of "no crime and no punishment without law." This principle protects individuals from arbitrary arrests, prosecutions, and convictions based on public opinion, personal beliefs, or abuse of authority.

Why This Principle Matters

Before a court can lawfully convict anyone of a criminal offence:

The alleged conduct must already be defined as a criminal offence in a written law.
The punishment for that offence must also be clearly prescribed by law.

This means that law enforcement agencies cannot invent offences, prosecutors cannot create crimes, and courts cannot impose criminal penalties where no law exists.

For example, an act may be considered immoral or socially unacceptable by members of a community. However, unless a valid law expressly criminalizes that conduct, no person can lawfully be convicted simply because others disapprove of it.

This constitutional safeguard promotes fairness, legal certainty, and the rule of law by ensuring that every individual knows in advance what conduct is prohibited and the legal consequences of violating the law.

Protection Against Retrospective Criminal Laws

Another essential safeguard is that criminal laws generally do not operate retrospectively.

If an act was lawful when it was committed, a law enacted later cannot ordinarily be used to prosecute or punish a person for that earlier conduct. This prevents governments from using new laws to unfairly criminalize past actions.

Constitutional Foundation (Nigeria)

Section 36(12) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), provides that no person shall be convicted of a criminal offence unless that offence is defined and its penalty prescribed in a written law.

Section 36(8) further guarantees that no person shall be held guilty of a criminal offence for an act or omission that did not constitute an offence at the time it occurred, protecting citizens against retrospective criminal legislation.

Together, these constitutional provisions reinforce the rule of law and protect every individual from arbitrary prosecution and punishment.

Why Legal Awareness Matters

The justice system must be guided by written laws—not emotions, rumours, public pressure, or personal opinions.

Understanding your constitutional rights does not encourage wrongdoing. Instead, it strengthens accountability, protects individual freedoms, and helps ensure that justice is administered fairly, equally, and in accordance with the law.

A society governed by the rule of law is stronger, safer, and more just than one governed by arbitrary decisions or abuse of power.

Closing

Justice is not measured by how many people are punished—it is measured by whether the law is applied fairly, consistently, and without prejudice.

Regardless of public opinion, no lawful conviction can stand unless a written law defines the offence and prescribes the punishment. That principle remains one of the strongest safeguards of justice in every constitutional democracy.

Discussion Question

Do you believe more people should learn about their constitutional rights to help prevent unlawful arrests, prosecutions, and abuses of power? Share your thoughts in the comments.

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Many people believe that simply telling the truth is enough to win a court case. In reality, the law requires more than honesty.

Courts do not decide cases based solely on who appears truthful. They make decisions based on credible, admissible, and persuasive evidence presented in accordance with the law.

A person may be completely honest, yet still lose a case if the required legal evidence is not available.

Consider these examples:

• You may have genuinely lent someone money, but without sufficient evidence, your claim may not succeed.

• You may be innocent of a criminal allegation, but the court's decision will depend on the evidence presented and tested during the proceedings.

A courtroom is not a place where truth is simply declared—it is a place where truth must be proven through evidence.

If you are involved in a legal dispute, do not rely on the truth alone. Preserve documents, keep records, identify witnesses, and seek appropriate legal advice.

In law, the truth is important—but the truth that can be proven is what carries weight in court.

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⚖️ Can Someone Sell Land That Is Already Before a Court?

Imagine buying a piece of land after paying the full purchase price, signing all the required documents, and believing the transaction is complete.

Then, months later, you are served with court papers.

The land you purchased was already the subject of an ongoing legal dispute before the sale.

Can you still keep the property simply because you paid for it?

In many legal systems around the world, the answer is often no.

When ownership of land is already being determined by a court, selling that property while the case is pending does not automatically transfer a secure title to the buyer. If the seller ultimately loses the case, the buyer's interest in the property may also be affected.

This highlights an important principle of property law: a buyer generally cannot obtain a better title than the seller legally possesses.

That is why due diligence is one of the most critical steps in any real estate transaction.

Before purchasing land or property, always:

✅ Confirm whether the property is involved in any pending court proceedings.
✅ Conduct official title and land registry searches.
✅ Carefully examine all ownership and title documents.
✅ Consult a qualified real estate or property lawyer.
✅ Investigate the property's ownership history before making any payment.

Many costly property disputes can be prevented through proper legal checks before signing an agreement or transferring funds.

Buying land is one of the most significant investments you will ever make. Protect your investment by verifying the facts before you commit.

Always investigate before you invest.

💬 Have you ever encountered a situation where someone unknowingly purchased land that was already the subject of a legal dispute? Share your experience or opinion in the comments.

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⚖️ LANDMARK SUPREME COURT DECISION ON CRIMINAL LIABILITY, CONSPIRACY & MENS REA

Case: Yusuf v. State (2026) 11 NWLR (Pt. 2051) 297 (Supreme Court of Nigeria)

The Supreme Court reaffirmed a fundamental principle of criminal law: a person can be held criminally liable when their conduct clearly demonstrates knowledge, intention, and participation in a criminal enterprise—even if they joined the scheme after it had already begun.

In this case, the appellant knowingly allowed his bank account to be used to receive proceeds obtained through fraudulent misrepresentation involving a stolen mobile phone. The Court held that the surrounding circumstances, the appellant's conduct, and the evidence presented established the necessary mens rea (guilty mind) required for criminal responsibility.

Key Legal Principles:

✅ Criminal intention (mens rea) may be inferred from a person's conduct and surrounding circumstances.
✅ A person who knowingly assists or facilitates a criminal scheme can be held equally responsible under the law.
✅ Appellate courts generally respect the factual findings of trial courts unless those findings are shown to be perverse or unsupported by evidence.
✅ The Supreme Court will rarely interfere with concurrent findings of both the High Court and the Court of Appeal unless exceptional circumstances exist.

This judgment reinforces the importance of accountability, the doctrine of conspiracy, and the principle that those who knowingly benefit from or facilitate criminal activities cannot escape liability simply because they were not the original planners.

What are your thoughts on this landmark ruling? Do you agree that criminal intent can be inferred from conduct and surrounding circumstances?

💬 Comment your opinion below.
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⚖️ Can a Court Award New Monetary Relief After Judgment?

A landmark Supreme Court decision from Nigeria has reaffirmed a fundamental principle of civil procedure: a post-judgment application cannot be used to obtain a new monetary award that was never granted in the original judgment.

In Governor, Kogi State v. Simon (2026) 11 NWLR (Pt. 2051) 321 (SC), the Supreme Court held that post-judgment proceedings are ancillary in nature. Their purpose is to enforce, clarify, interpret, or correct an existing judgment—not to introduce fresh substantive claims or seek monetary relief that was never previously adjudicated.

Key Legal Principles

✔️ Courts consider the substance of an application, not merely its title.

✔️ A post-judgment application cannot be used to disguise a fresh claim.

✔️ A declaratory judgment alone does not create an enforceable monetary award.

✔️ Appellate courts cannot assume original jurisdiction by receiving evidence or quantifying disputed claims.

✔️ Any monetary claim must be properly pleaded, proved, and determined during the trial process.

✔️ Enforcement proceedings can only give effect to what the court actually ordered.

Why This Decision Matters

This judgment reinforces the distinction between enforcement and fresh adjudication, preserves the constitutional limits of appellate jurisdiction, and strengthens the principles of due process and judicial certainty.

It serves as an important reminder that litigants cannot return after judgment to seek financial awards that were never granted in the original decision.

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