Getting arrested is becoming quite rampant nowadays. You have to think twice before deciding to take a stroll outside your compound at night for fear of being rounded up by the police. Even while in the comfort of your home, you may be unfortunate if EFCC decides to raid your street. While it may keep proving difficult to escape arrest, there are defences you can raise when rounded up or charged for a criminal offence. Some of them include:
Section 24 of the Criminal Code provides that a person is not criminally responsible for an act that occurs independently of the act of his will, or if such act occurs by accident. This defence will not apply in relation to acts done negligently or certain omissions made. Also, if it is foreseeable that an accident will occur, this defence will not be taken.
2. Judicial officers in the exercise of the law:
Justices of the Supreme Court, Court of Appeal, Federal High Court, and State High Courts cannot be held criminally responsible for acts done or omitted to be done by them in the exercise of their judicial functions. Even if it is seen that such a judicial officer acted maliciously, he would not be held responsible. An exception to this is if an act or of such judicial officer results in grievous bodily harm or death.
3. A Bonafide claim of right
When a person is the rightful owner of a property, he would not be criminally liable for any act or omission done in relation to the exercise of an honest right over a property. If the act or omission is done in a bid to defraud, he would be liable.
This refers to the claim of an individual to be at a different place other than where a crime was said to have taken place. It is required that to raise this defence, it must be done immediately when one is accused of the offence.
5. Self defence:
When a person is faced with danger, and in a bid to protect himself from such danger he commits a crime, he is allowed to plead that he did such in self defence.
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