Sunday Jackson appeals to Adamawa Gov for clemency, global citizens sign petition in support
By Jeph Ajobaju, Chief Copy Editor
Sunday Jackson has appealed to Adamawa Governor Ahmadu Fintiri for clemency in the affirmation of his death sentence by the Supreme Court for killing a Fulani herdsman in self-defence.
The appeal, routed through the Nigeria Correctional Service and through Admawa Attorney General and Justice Commissioner, Afraimu Jingi, is supported by a petition signed, at the last count, by 1,141 public-spirited global citizens.
See the global citizens’ petition HERE https://chng.it/XnQr7DKfvS .
A covering note on, and a copy of, the letter of appeal sent to TheNiche by international human rights lawyer Emmanuel Ogebe are reproduced below:
Genesis of Jackson’s ordeal and global citizens’ advocay for clemency
20-year-old student Sunday Jackson was farming to support hist wife and daughter when he was violently attacked by a Fulani herdsman with a knife.
Despite injuries he sustained, Jackson struggled with his attacker wresting the weapon from him and struck back following which his attacker died.
After being in pretrial detention for seven years, with evidence showing that Jackson was stabbed in his leg, the trial court sentenced him to death on the rationale that he ought to have run after disarming the herdsman.
Regrettably the Supreme Court upheld his death sentence on March 7 and he is now to be executed by hanging.
Now in his early 30s, Jackson has a 10-year-old daughter born months after his imprisonment whom he has never seen and may never see.
Please sign a petition to the President of the Federal Republic of Nigeria and the Governor of Adamawa State to grant clemency to Sunday Jackson.
#SelfDefenseisNotaCrime
Emmanuel Ogebe, Esq
Justice for Jackson Joint Freedom Taskforce
#Justice4SundayJackson (@JointfreedomTF) on X
x.com
Jackson’s letter of appeal to Fintiri for clemency
His Excellency,
The Executive Governor,
Adamawa State
Through:
The Attorney General,
Adamawa State
Through:
The Controller of Corrections,
Nigeria Correctional Service,
Yobe Service Command
Sir,
APPEAL FOR EXERCISE OF PREROGATIVE OF MERCY PURSUANT TO SECTION 212 OF THE 1999CONSTITUTIONOF THE FEDERAL REPUBLICOF NIGERIA
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.
Brief facts
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.
Grounds for appeal for clemency
I was unarmed and going about my lawful business, as a farmer trying to fend for my family. The assailant brought out a knife and I tried to run for my life, calling for help.
While I fled, I was stabbed at the back of my head and I became afraid and weak.
My assailant stabbed me again on my leg, and one more move from him was going to end my life, I 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, recognised 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.
This means, that a person is justified in using a reasonable amount of force in self-defence [if] 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.
Statutory provisions of self defence under Nigerian law
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.”
Non-adherence to constitutional requirement by the trial court
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 cases 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.
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-old daughter all these years, as she was born after my arrest.
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, who are all going through a difficult period.
I look forward to Your Excellency’s prompt and compassionate intervention in this matter.
Yours Faithfully,
—————————-
Sunday Jackson.
Read also:
Sunday Igboho goes to Supreme Court, insists on N20b compensation for his hounding by Buhari
