Court Acquits Security Guard of Murder, Says He Killed in Self-defence

Reprieve came to the way of a security guard, Mustapha Muhammed, charged with the murder of a labourer, Victor Amussu, as he was discharged and acquitted by the Ikeja Division of the Lagos High Court.

Muhammad has been in prison custody since 2021.

Delivering judgment, Justice Oyindamola Ogala noted that the prosecution did not prove the murder charge beyond a reasonable doubt.

On October 14, 2021, at No 8/10 Rasaq Tayo Street, Ikorodu, Muhammad was alleged to have killed Amussu with a kitchen knife.

The judge highlighted elements that must be present before a plea of self-defence can avail the defendant, including that “there must be reasonable apprehension of death or grievous harm” and that “it was necessary to use force at that time.”

The judge added that the force used by the “defendant must be proportionate to the force used or imminently threatened against him and reasonable in the circumstance.”

Justice Ogala explained that one element of self-defence is that the force used by the defendant must be proportionate to the force used or threatened to be used in the circumstance.

She said in the instance of the case, the deceased and the defendant both received stab wounds and that the defendant’s testimony was also that Amussu pinned him down while the deceased assaulted and stabbed him.

The judge noted that the prosecution, however, failed to offer any credible evidence regarding the proportionality of retaliatory action in the light of the defendant’s danger and fear.

The judge said the court believes that from the facts presented before it, there was indeed a threat to the life of the defendant and the said threat was met with the necessary, reasonable, and commensurate retaliation by the deceased, which unfortunately led to the death of the deceased.

She said the court found that the plea of self-defence would avail the defendant and “so holds.”

The judge also said the court found that the prosecution had not proved its case against the defendant. Subsequently, Justice Oyindamola, after citing various authorities, declared the defendant not guilty of the one-count charge of murder.

The judge acquitted Muhammad and ordered that the defendant be released from prison custody.