The coalition, led by Hope Behind Bars Africa, delivered the petition titled: “Petition to the Honourable Attorney-General of the Federation and Minister of Justice for intervention in the case of Mr. Sunday Jackson: Urgent need for a case stated, multi-state amicus participation, and a temporary moratorium on executions," to the AGF's office on June 2, 2025.

A global coalition of Justice for Jackson Advocates has petitioned Nigeria's Attorney General and Minister of Justice to intervene in the case of Sunday Jackson, a death row inmate convicted of killing a herdsman in self-defence.

The coalition, led by Hope Behind Bars Africa, delivered the petition titled: “Petition to the Honourable Attorney-General of the Federation and Minister of Justice for intervention in the case of Mr. Sunday Jackson: Urgent need for a case stated, multi-state amicus participation, and a temporary moratorium on executions," to the AGF's office on June 2, 2025.

Citing several legal grounds for his intervention, the coalition questioned "whether a state Penal Code provision permitting capital punishment even where private defence may apply can validly override Section 33(2)(a) of the Constitution.

The petition argues that Jackson's actions were justified under the right to self-defence, as enshrined in Section 33(2)(a) of the 1999 Constitution, which states that a person shall not be regarded as having been deprived of their life in contravention of this section if they die as a result of the use of force to such extent as is reasonably necessary for the defence of any person from unlawful violence or the defence of property.

Background

In 2014, Sunday Jackson was working on his farm when a Fulani herdsman, identified as Ardo Bawuro, trespassed and grazed his cattle on the land. An altercation ensued, and the herdsman attacked Jackson with a knife, inflicting stab wounds on his leg and head. Jackson managed to wrest the knife from the herdsman and used it to stab the herdsman in the neck, resulting in his death.

The farmer had argued that he acted to protect himself and his family during an attack by the herdsman. Still, the highest court in Nigeria rejected his appeal, affirming the sentence passed by the lower courts.

On March 7, 2025, the Supreme Court of Nigeria delivered a judgment that sent shockwaves through legal and civil society circles.

The apex court upheld the death sentence passed on Sunday Jackson, a local farmer from Adamawa State, who had been convicted of killing the herdsman during a violent encounter on his farmland.

However, the coalition in the petition raised concerns about the majority judgment of the Supreme Court, which concluded that the threat posed by the herdsman had ceased once Jackson succeeded in disarming him. The subsequent stab was considered excessive and unjustified.

However, the dissenting Justice argued that the threat to Jackson's life had not conclusively ceased, and his response fell within the ambit of self-defence.

The petition, which was copied to the Attorneys General of Nigeria's 36 states, urged AGF to consider a temporary moratorium on executions, especially for cases involving plausible private defence.

According to the petition, the inconsistency in the Supreme Court judgment raises a justiciable federal question of exceptional public importance.

It said, "A case stated, permitted by constitutional convention and legal precedent, would allow the Supreme Court, upon referral by your office, to revisit this issue with the clarity and weight it deserves.

"This is especially critical because the Penal Code was enacted under regional autonomy in the First Republic but now exists within a unified federal structure under the supremacy clause in Section 1(3) of the Constitution.

"Where constitutional rights and state criminal provisions conflict, it is imperative that the supremacy of the Constitution is reaffirmed. A case stated would provide the judiciary with a rare opportunity to harmonise regional criminal laws with federal constitutional rights, thereby resolving tensions that affect not just Jackson but thousands across the North subjected to similar legal standards."

The coalition emphasised that with the judgement, "the right to life is meaningless in Nigeria if individuals cannot defend themselves without fear of wrongful conviction".

"The perception of ongoing danger does not vanish the moment the weapon is removed, especially in close-quarter encounters where the attacker remains physically capable of continuing the assault," it said.

"The principle of proportionality in self-defence does not require a strict one-to-one match between the threat and the response."

The group concluded that the Supreme Court's decision in Sunday Jackson v. The State sets a concerning tone for the interpretation of self-defence under Nigerian criminal law.

It said, "By emphasising post-threat proportionality and failing to properly apply relevant statutory protections, particularly Section 222(2) of the Penal Code, the judgment veers away from both the letter and spirit of the law.

"It further neglects the practical realities of violent confrontations and the human instinct to survive, which the doctrine of self-defence is meant to accommodate. Left uncorrected, this ruling may criminalise desperate efforts to avoid death or grievous harm, especially among vulnerable populations with limited access to legal or security support.

"The path forward must include judicial reconsideration of the principles governing self-defence, legislative reform to clarify protections for victims, and, most urgently, the exercise of executive clemency to prevent the irreversible injustice of executing a man who acted under mortal threat. Justice demands not only legal correctness but also fairness and humanity.

"Mr. Sunday Jackson's case presents a disturbing possibility: that a man who acted in self-preservation may be executed for surviving by the very state that could not protect him. If allowed to stand without full constitutional scrutiny, the judgment in his case may set a precedent that emboldens attackers and punishes victims."

The coalition appealed to the AGF to intervene urgently and refer the case to the Supreme Court on the "constitutional question of whether state Penal Code provisions, particularly Section 222(2), can lawfully override the protective guarantees of Section 33(2)(a) of the Constitution.

"Convene or encourage states, civil society, and legal associations to submit amicus briefs, supporting constitutional harmonisation of private defence law across the Federation.

"Issue a moratorium on executions, especially in all self-defence cases with unresolved constitutional issues, pending judicial clarification.

"Undertake a review of all death penalty cases related to self-defence claims.”

The groups in the coalition are Widows & Orphans USA, Hope Behind Bars, US Nigeria Law Group Washington, Boss Continental Consults and Overseas Fellowship of Nigerian Christians (OFNC United Kingdom).