NIGERIANS are reeling from a shocking verdict of the Supreme Court, which upheld the death sentence passed on a farmer, Sunday Jackson, by an Adamawa State High Court. The sentence followed his conviction for killing a Fulani herdsman, Buba Bawuro, in self-defence in 2015. The farmer, who was aged 20 at the time, was fending off an attack by Bawuro as he cultivated the farm through which he was taking care of his wife and daughter.

Jackson, a farmer from the Dong community in Adamawa State, was working on his farm in the Kodomti community of the Numan Local Government Area when the herdsman allowed his animals into his space to feed on his crops.

Though he received injuries from the knife attack by the herdsman, Jackson fought back and killed the assailant. He was subsequently arrested and arraigned on a murder charge before a state high court, despite the evidence to the contrary. The matter lingered on till February 2021, when he was sentenced to death.

Jackson was sentenced to death after being in prison for seven years. The high court had, in a strange decision, stated that because the farmer confessed to having killed the herdsman, he had to die by hanging. This kind of judgment throws up the issue of balance in determining cases.

Despite the controversy surrounding the case, the Supreme Court on March 7 upheld the death sentence.

The verdict and inherent contradictions in the trial raised worries about how the entire process turned out. Also in the minds of nonplussed Nigerians is the fear that the Supreme Court had declared self-defence a crime.

The verdict stated that when Jackson recovered the weapon from the herdsman, it was wrong for him to have used it in retaliation on the now unarmed Bawuro.

In arriving at a unanimous judgement (SC/CR/1026/2022), delivered by Mohammed Idris, the Supreme Court justices rejected Jackson?s defence of provocation.

It declared that the defence counsels presented ?only serve to reinforce the prosecution?s case, proving beyond reasonable doubt that the appellant committed the crime for which he was charged?.

The judgement, dated March 21 and delivered on March 7, declared that ?an accused person cannot legally be entitled to the defence of provocation and self-defence at the same time and in relation to the same offence?.

Emmanuel Agim, in upholding the judgement, ruled that if a person successfully disarms an assailant but fails to escape or retreat and instead uses the seized dagger to stab the now-unarmed assailant, such actions constitute a reprisal or revenge attack rather than self-defence or provocation.

Other panel members were Helen Ogunwumiju, Simon Tsammani, and Habeeb Abiru.

It was in line with the decision of the Court of Appeal Yola Division on June 27, 2022, which also affirmed the farmer?s conviction and dismissed his self-defence and provocation pleas. The lower court dismissed Jackson?s appeal, upholding his conviction and sentence by the trial high court.

A reading of sections of the Administration of Criminal Justice Act raises questions on the length of the trial. A matter that commenced in 2015 and lasted until 2021 at the trial court ran against Section 110 of the ACJA, which aims to expedite criminal trials at high courts.

It mandates that trials begin within 30 days of filing and be concluded within a reasonable time, and states that once an accused person is arraigned, the case should proceed from day to day until the conclusion.

The ACJA directs that parties are entitled to a limited number of adjournments, with intervals between adjournments not exceeding specified periods. It mandates the chief judge to assign information filed to courts within 15 days, while the trial judge is to issue a notice of trial within 10 working days of the assignment by the chief judge.

Section 396 provides for the day-to-day trial of criminal cases, with provisions for limited adjournments, while Section 396 (4) and (5) specify that the time between one adjournment and another should not exceed 14 days and that where parties exhaust their five adjournments each, the interval should not be more than five days.

Curiously, the accused was not arraigned after the 2015 incident until November 2018. He was dragged through the crucible of the Nigerian judicial system for years.

He became a part of Nigeria?s notorious awaiting trial system, whereby thousands of inmates are abandoned in correctional centres while their cases drag on interminably.

Section 294(1) of the 1999 Constitution as amended prescribes that ?every court established under this Constitution shall deliver its decision in writing not later than 90 days after the conclusion of evidence and final addresses and furnish all parties to the cause or matter with duly authenticated copies of the decision within seven days of the delivery thereof.?

The outcome throws up questions about judicial fairness in Nigeria and the unending conflicts between farmers and herders.

This judgement will embolden herdsmen to continue with their brazen criminality, knowing that the law will protect them. Some analysts have contended that the prosecutors could have pushed a case of manslaughter since it was not premeditated. Every Nigerian has a right to self-defence.

The herder trespassed on Jackson?s farm with his livestock. Was Jackson then expected to have kept silent in the face of attack?

The courts must adhere to the provisions of the law and avoid making judgements that violate the right to life.

The attack on Jackson Is not an isolated case. The spectre of herdsmen invading farms with their livestock remains a physically toxic problem in the country.

Thousands of Nigerians, comprising security officers and civilians, have been killed in attacks by herders on predominantly agrarian communities. When farmers rise in self-defence against these invaders, they risk ending up like Jackson. This is unjust.

On New Year?s Day in 2018, the invading Fulani herders slaughtered 72 persons in three LGAs in Benue State.

The International Crisis Group said herdsmen killed farmers six times more than Boko Haram Islamists between January and June 2018 in the Middle Belt at a ratio of 1,300 to 200.

The herders massacred over 140 persons in 26 Plateau State villages during Christmas 2023 over three days.

Some traditional rulers, humanitarian advocates and the herder?s family have intervened in Jackson?s case by asking Adamawa State Governor Umaru Fintiri to pardon him. We agree with them.

The United States-based advocates?Emmanuel Ogebe, a lawyer and William Devlin?convinced the herder?s father, Ardo Bawuro, to write a letter to the governor, seeking a state pardon for Jackson.

The conciliatory effort was mediated by the Hama Bachama and hosted in his palace, Numan.

Besides, a coalition of global citizens had petitioned President Bola Tinubu and the governor to grant Jackson clemency.

Surprisingly, the Supreme Court overlooked the glaring violations of the ACJA and relevant sections of the Constitution. But the courts have dismissed many cases, especially involving politicians, on grounds of technicalities. The courts must go to extraneous lengths to avoid making errors in cases involving life.

The Adamawa governor should grant Jackson a pardon.

Nigeria should adopt the best global best practice of ranching to avoid the needless loss of lives and property. (The PUNCH Editorial)

Update news