Sentenced to death for killing a Fulani herdsman in self-defence—The Sunday Jackson case

In what has been described as a classic ”textbook case of miscarriage of justice,’ Nigeria’s Supreme Court on Friday, March 7, 2025, ruled that Sunday Jackson, a farmer who was brutally attacked with a knife by a Fulani herdsman, must die by hanging.

Jackson, who was allegedly attacked by the knife-wielding herdsman, successfully overpowered the attacker, took the weapon from him, and stabbed his assailant, resulting in the herdsman’s death.

Slammed with a murder charge before a Yola High Court in Adamawa State, Jackson was sentenced to death on February 10, 2021, after spending seven years in custody.

The matter moved from the Court of Appeal up to the Supreme Court, which on Friday, March 7, 2025, confirmed that Sunday Jackson must die from the hangman’s noose, apparently sealing his fate.

However, Jackson’s counsel, Emmanuel Ogebe, Esq., argues that considering the length of time between the conclusion of legal arguments and the judgement, the apex court should have voided the ruling of the lower court.

Ogebe contends that the time between the adoption of the final addresses of counsel on August 27, 2020, and the delivery of judgement on February 10, 2021, amounts to more than 167 days, which exceeds the 90-day period within which a judgement must be delivered from the close of the final addresses prescribed by the 1999 Constitution as amended.

Speaking further, the legal practitioner said judgements rendered outside of this 90-day time frame are void, or as the Administration of Criminal Justice Act stipulates, are voidable where there is a miscarriage of justice, as in Jackson’s case, which by virtue of the outcome lends credence to the saying that ‘justice delayed is justice denied.’.

The fact that the lengthy delay from the constitutionally required 90 days to judgement delivery to 167 days harmed Jackson, leading to a miscarriage of justice, Ogebe argues, is further supported by the trial judge’s alleged substitution of her own opinion for the facts of the case, just as the trial judge erred in denying Jackson his constitutional right and protection of self-defence.

Moreover, the judge’s misunderstanding of the facts of the case can further be seen in the fact that although it is obvious that the constitution gives a person the right to hold his ground and not run, the defence counsel contends that the trial judge misunderstood it to indicate that Jackson had the choice to flee rather than fight his attacker.

The Sunday Jackson case highlights how a miscarriage of justice may result from judicial delays, eroding trust in the justice system and undermining the principle of “innocent until proven guilty.” Long before a verdict is rendered, defendants face years of public scrutiny, monetary loss, and personal harm.

Such delays raise questions about the fairness of the justice system.