Death by hanging: Northern CAN appeals to Adamawa Governor to pardon convict
"Adamawa State Penal Code Section 23 provides inter alia: 'Nothing is an offence which is done in the lawful exercise of the right of private defence'"
The Christian Association of Nigeria (CAN), 19 Northern States and Abuja chapter, has appealed to Adamawa State Governor, Ahmadu Umar Fintiri, to pardon Mr. Sunday Jackson, a farmer from Adamawa State, who was sentenced to death by hanging for self-defence in an attack by a Fulani herdsman.
Jackson was sentenced to death by the Supreme Court in a ruling that has sparked outrage in the country for its tendency to promote the feeling of ethnic superiority among members of a particular ethnic group.
In a statement issued on Tuesday – today, March 11, on the matter, Chairman Northern CAN, Rev. John Joseph Hayab said the decision of the Court came contrary to the provisions of Adamawa State Penal Code, Sections 23 & 24.
According to Hayab, the Adamawa State Penal Code Section 23 provides inter alia: “Nothing is an offence which is done in the lawful exercise of the right of private defence.”
“The attention of the 19 Northern States and Abuja Christian Association of Nigeria (CAN) has been drawn to a recent Supreme Court’s judgment which sentenced Mr. Sunday Jackson, a farmer from Adamawa State to death by hanging for self-defence.
“In view of the foregone, the 19 Northern States and Abuja Christian Association of Nigeria appeals to His Excellency, the executive Governor of Adamawa State, Rt. Hon. Ahmadu Umaru Fintiri to kindly, in the exercise of his constitutional duties and the Prerogative of Mercy, and in the Spirit of Peace building and Reconciliation which both the state and the nation now desperately need, to please pardon Mr. Sunday Jackson.
“Mr. Sunday Jackson has truly been subjected to the excruciating pain of waiting for death in the midst of the shadow of death by the grave travesty of the misinterpretation of Section 23 of the Adamawa State Penal Code Laws and the unnecessary prolonged trial that lasted six and half years, which ordinarily should not have lasted such a lengthy period.
“We appeal to His excellency to also consider the agonising wait for judgment Jackson was subjected to. It is our belief that the executive Governor of Adamawa State, Rt. Hon. Ahmadu Umaru Fintiri will graciously accede to this humble plea.
“Sunday Jackson was reportedly working on his farm when he was attacked by a group of criminals. In an attempt to defend himself, he fought back, over-powered his attackers which led to the death of one Ardo Bawuro.
“However, despite Sunday’s plea of self-defence, he was charged under section 211 of the Adamawa State Penal Code Laws for intentionally killing the deceased and sentenced to death which we consider a grave travesty of justice.
“Sunday was arraigned on 21-11-2018 on a one count charge of causing the death of one Ardo Bawuro by stabbing him with a knife thrice on the neck with the intention of causing his death. The knife which Sunday used to stab Bawuro actually belonged to the same Ardo Bawuro that he had succeeded in collecting.
“The statement of facts of the Appellant’s brief of argument was that the defendant testified for himself on the 27th day of February, 2020 and the matter was adjourned to the 27th day of August 2020 for the adoption of final written addresses of the prosecution and defence counsel
“Judgment was delivered on the 10th day of February, 2021.
“A calculation of the time between the adoption of final addresses of counsels on August 27th, 2020 and the delivery of judgment on February 10, 2021 amounts to in excess of 167 days.
“The 1999 constitution was amended to afford expeditious dispensation of justice to litigants by the prescription of 90 days within which a judgment must be delivered from close of final addresses.
“By section 294 (5), judgments delivered beyond the 90 days prescribed by subsection 1 of section 294 is a nullity as it amounts to miscarriage of justice.
“The facts of this case are a textbook case of miscarriage of justice: In the first place, Mr Sunday Jackson was held awaiting trial for capital offence for several years – a trial that essentially consisted of no more than five sittings.
“Instead of a five-day trial, he spent over six years in custody in a non-controversial trial in which he did not deny that the death of the deceased occurred as a result of an altercation via self-defence.
“Having spent all this time, Mr Jackson was further subjected to 167 days of agonising wait for judgment as to whether he should be freed or hanged in violation of constitutional protections against such protracted delays.
“It is highly regrettable that notwithstanding the unambiguous provision of Section 23 of the Adamawa State Penal Code Laws, the trial judge went ahead to sentence Mr. Sunday Jackson to death by hanging. Painfully, both the Appeal and Supreme Courts upheld this grave travesty of justice.
“That the trial judge misinterpreted Section 23 of the Adamawa State Penal Code Laws to mean that Sunday Jackson had the option of flight when he was attacked and injured on his leg and not to fight in self-defence clearly distorted logic on its head by saying plaintiff should have run away while having admitted into evidence that he was stabbed in the leg and thus momentarily handicapped,” Northern CAN surmised.
