By Achadu Gabriel, Kaduna
Christian Association of Nigeria (CAN) in the 19 Northern States and Federal Capital Territory (FCT) has expressed concern over the Supreme Court judgment that upheld the death sentence on a farmer in Adamawa State, Sunday Jackson.
The apex court confirmed the verdict of a lower court which had ruled that Jackson be hanged by the neck till he be dead, for defending himself against attack by an armed herdsman. The incident occurred during the administration of ex-President Muhammadu Buhari.
CAN expressed disbelief at the apex court’s judgment, pointing out that the it’s decision violated the provisions of the Adamawa State Penal Code, Sections 23 & 24.
According to CAN, Section 23 provides thus: “Nothing is an offence which is done in the lawful exercise of the right of private defence.”
CAN’s position was contained in a statement issued and signed by Northern CAN Chairman, Rev. John Joseph Hayab and Secretary General, Bishop Mohammed Naga.
It stated: “The attention of the 19 Northern States and FCT Christian Association of Nigeria (CAN) has been drawn to a recent Supreme Court judgment sentencing Mr Sunday Jackson to death by hanging for self-defence, a decision we strongly believe is contrary to the provisions of the Adamawa State Penal Code, Sections 23 & 24.”
Jackson was arraigned on November 21, 2018, on a one-count charge of causing the death of one Ardo Bawuro by stabbing him with a knife three times on the neck with the intention of causing his death even as proof was provided in court that the knife he used actually belonged to Bawuro, from whom he had wrestled it after initially receiving stabs from the latter.
When a lower court sentenced him to death, Jackson fought his case up to the Supreme Court,to which he appealed.
Aside the matter of self-defence, CAN berated the Supreme Court for ignoring the provisions of the 1999 Constitution (as amended) which stipulated a timeframe of 90 days for disposal of such cases once a court had adopted the final written addresses of both prosecution and defence counsels.
The CAN statement added: “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.”
It added that the matter was adjourned to August 27, 2020 for the adoption of final written addresses of the prosecution and defence counsels.
Judgment was delivered on February 10, 2021.
“A calculation of the time between the adoption of final addresses of counsels on August 27, 2020, and the delivery of judgment on February 10, 2021, amounts to in excess of 167 days.”, it stressed.
CAN further argued that the 1999 Constitution was amended to afford expeditious dispensation of justice to litigants by prescribing 90 days within which a judgment must be delivered from the close of final addresses.
It stated that by Section 294 (5), judgments delivered beyond the 90 days prescribed by Subsection 1 of Section 294 are a nullity, as they amount to a miscarriage of justice.
The statement said: “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 a 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 agonizing wait for judgment as to whether he should be freed or hanged, in violation of constitutional protections against such protracted delays.”
CAN noted that 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 Jackson to death by hanging, lamenting that, painfully, both the Appeal and Supreme Courts upheld “this grave travesty of justice.”
The statement emphasized that the trial judge misinterpreted Section 23 of the Adamawa State Penal Code Laws to mean that Jackson had the option of flight when he was attacked and injured on his leg and that he should not have fought in self-defence.
“This, it argued, clearly distorted logic by suggesting that the plaintiff should have run away, despite admitting into evidence that he was stabbed in the leg and thus momentarily handicapped,” CAN contended.
In view of the foregoing, the statement added, the 19 Northern States and FCT CAN had appealed to the Governor of Adamawa State, Ahmadu Umaru Fintiri, to “kindly exercise his constitutional duties and Prerogative of Mercy and in the spirit of peacebuilding and reconciliation—which both the state and the nation now desperately need—to please pardon Sunday Jackson.”
It added: “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 unnecessarily prolonged trial that lasted six and a half years, which ordinarily should not have lasted such a lengthy period.”
The Christian body therefore appealed to Gov. Fintiri to also consider the agonizing wait for judgment that Jackson was subjected to, believing that the governor will graciously accede to this humble plea.
