A growing number of Nigerians are urging Bola Tinubu and Adamawa State Governor, Ahmadu Umaru Fintiri, to grant clemency to Sunday Jackson, a man sentenced to death despite strong claims of self-defence.
Jackson, who was just 20 years old and an expectant father at the time, has also written to Tinubu seeking clemency. He had been farming to support his family when he was attacked by a knife-wielding herdsman. In a desperate struggle, he disarmed his assailant, who was fatally wounded in the process.
Despite this, instead of being recognized as a victim defending himself, the legal system turned against him. Jackson spent seven years in pretrial detention, even though evidence showed he had been stabbed in the leg. When his case finally went to trial, he was sentenced to death, with the court ruling that he should have fled after disarming his attacker.
The Supreme Court upheld the judgment, leaving Jackson facing execution. Now in his early 30s, Jackson has spent his entire adulthood behind bars. His daughter, born months after his imprisonment, has never met him — and may never get the chance.
Amid mounting public outcry, activists, legal experts, and human rights groups are calling on the government to reconsider Jackson’s case, highlighting the injustice of executing a man who acted in self-defense.
Jackson, in a letter addressed to Adamawa State Governor Ahmadu Umaru Fintiri, the Attorney General of Adamawa State, and the Controller of Corrections, Nigeria Correctional Service, Yobe State Command, sought clemency.
In the letter obtained by SaharaReporters, he urged the governor to exercise his prerogative of mercy and grant him a pardon, especially as he has already spent ten years in a correctional facility.
The letter reads: “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.
“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.”
Jackson explained, “I was unarmed and going about my lawful business, as a farmer trying to fend for my family.”
He recounted how the assailant drew a knife, prompting him to run and call for help. While fleeing, he was stabbed in the back of his head and became weak and fearful.
“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.”
He further referenced the Nigerian law on self-defence: “The act of self defence is a constitutional right, recognized 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.”
He cited the Constitution: “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.”
Jackson also highlighted the delay in his trial: “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.”
He referenced relevant cases: “The case 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,” Jackson explained.
He added: “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.”
Jackson expressed his pain: “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 daughter all these years, as she was born after my arrest.”
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He appealed to the governor: “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.”
He praised the governor’s track record: “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.”
Finally, Jackson referenced a similar case: “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.”
He concluded: “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.”
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