Last week, the internet was put in uproar over a court judgment upon a certain farmer identified as Sunday Jackson, who was attacked by a herdman on his farm and, through an act of self-defense, overpowered and killed his attacker.
Jackson was sentenced to death in 2021 in what critics would term a perverted justice, which took 167 days for the judges to arrive at instead of the constitutional 90 days.
Before his death sentence in February 2021, Jackson had already served seven years in a correctional facility and waited three more years until 2025 for the Supreme to affirm his death sentence.
Despite clear evidence that Jackson was attacked, as injuries on his leg indicate, the court convicted him of murder, arguing that he had the option to run rather than defend himself.
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This judgment has sparked an uproar among citizens of Nigeria, including experienced legal practitioners, declaring Jackson’s judgment as unjust and a neglect of facts for sentiments by the judge.
The judgment has been pronounced, and the court carries on; however, Jackson, who is only 30 years old, spent a good amount of his youth behind bars, and according to sources, has never set eyes on his 10-year-old daughter that was born after his arrest in 2014.
A document obtained by Sahara Reporters shows a letter from Jackson addressed to the Governor of Adamawa State, Ahmadu Umaru Fintiri, the Attorney General of Adamawa State, and the Comptroller of Corrections, Nigeria Correctional Service, Yobe State Command.
In the letter, Jackson pleads for leniency, asking the governor to use his powers and grant him pardon, as he narrates his ordeal with a miscarried judgment, drawing arguments from various parts of the constitution that were deliberately neglected by the judge.
He also begged the governor to replicate what his colleague, the Governor of Osun State, Mr. Adeleke, did when a young man was sentenced to death for allegedly stealing a fowl and eggs.
The letter reads;
“I the undersigned, am Sunday Jackson, who was recently condemned to death, by the court, for defending myself against an unprovoked violent attack by an assailant, upon my own farm.
“I am a student and a farmer, who was going about my honest and lawful activity, when I was violently attacked and sustained severe injuries. Despite this, I was able to overpower my attacker and defend myself whereupon my attacker died. However, in a gross miscarriage of justice, I was sentenced to death in 2021 after already being in prison for several years.
“I was unarmed and going about my lawful business, as a farmer trying to fend for my family.
“My assailant stabbed me again on my leg, and one more move from him was going to end my life, 1 was too weak to run, so in defence of myself, I disarmed him while already in a pool of my own blood, and killed him to save my life.
“The act of self defence is a constitutional right, recognized by Nigerian law. In EKPOUDO v.STATE (2021) LPELR-52826(CA), self-defence was defined as “the use of force to protect oneself, one’s family or one’s property from a real or threatened attack,” stated.
“This means, that a person is justified in using a reasonable amount of force in self-defence he or she reasonably believes that the danger of bodily harm is imminent and that force is necessary to avoid the danger. Thus, a successful plea of self-defence negates the existence of an offence; so that where a person kills another in defence of himself, such killing is excused, and it does not amount to Manslaughter under the Criminal Code or Culpable Homicide not punishable with death under the Penal Code.
“Section 33 of the 1999 Constitution of the Federal Republic of Nigeria (as Amended), guarantees the fundamental right to life of every Nigerian Citizen. Section 33(2) (a) provides as follows: A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as a result of the use, to such extent and in such circumstances as are permitted by the law, of such force as is reasonably necessary- (a) for the defence of any person from unlawful violence or for the defence of property; The corollary of this is that self-defence is constitutionally available to a person who is attacked by another.
“According to Section 294(1) of the Constitution, a court shall deliver its judgement, within 90 days after the final addresses. And where 90 days have elapsed and the complaining party can show that such delay has caused a miscarriage of Justice, the decision can be vitiated, because such prolonged delay, can taint the court’s mind, by rendering it to fading memory or unfair biases due to the time lapse.
“The case of Ifezue v. Mbadugha and Agip v. Agip Petrol Int. are instructive in this regard.
“In my case, 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 counsel to the prosecution and the defence.
“Judgment was delivered on the 10th day of February, 2021,” Jackson explained.
“An ordinary calculation of the time between the adoption of final addresses of counsel on August 27, 2020 and the delivery of judgment on February 10, 2021 amounts to in excess of 167 days.
“Most recently, the Supreme Court in the 2024 case of Ani v. State, held that where judgement is delivered after the 90 days window, and such delay has occasioned a miscarriage of Justice, thus, the judgement is liable to be set aside. The Judge at the trial court, had confused the facts which led to the death sentence delivered against me.
“I have been devastated emotionally and mentally, as I have had to deal with the pain of this grave injustice against me. I have never set eyes on my 10 year daughter all these years, as she was born after my arrest,” he said.
“In light of these circumstances, I urge Your Excellency to exercise your prerogative of mercy and grant me a pardon, particularly as I have also spent ten years in the correctional facility, through the determination of this case. This would be a just and compassionate decision, considering the clear miscarriage of justice that has occurred in this case.
“I believe that my case is an ideal candidate for the exercise of prerogative of mercy, as provided for in Section 212 of the 1999 Constitution. Your Excellency’s intervention would not only bring justice and relief to me and my family but also serve as a beacon of hope for others who have been failed by the justice system.
“Following your track record in Adamawa state in line with your 11 point agenda, which includes security of human lives and properties, I am deeply confident that you will graciously extend your assistance, by yet again, demonstrating your commitment to the protection of lives and properties. You are known to your people, as The Governor who Listens, a compassionate man, who upholds fairness and Justice, regardless of religious or ethnic affiliations. Like your colleague, the Governor of Osun state, who recently extended his arm of compassion by instructing procedures for the grant of clemency to commence, for Segun Olowookere- a 17 year old student who was unjustly sentenced to death, for allegedly stealing a fowl and eggs.
“I therefore humbly urge that you restore my life, and the hope of my family, whom are all going through a difficult period.
“I look forward to Your Excellency’s prompt and compassionate intervention in this matter,” Jackson wrote.
