Edith CHUKU
28-year-old Mr Chigozie Ordu’s plea of self-defense as reason for attacking two siblings and inflicting bodily injuries on them has been dismissed by a magistrate court sitting in Port Harcourt.
Ordu’s plea of self-defense was dismissed for failing to meet the legal requirements and for showing no remorse throughout the trial.
The court sentenced him to one year imprisonment on a two-count charge, each count under Section 335 of the Criminal Code, Cap 37, Vol. II, Laws of Rivers State of Nigeria, 1999 (as amended), with the sentences to run concurrently.
The two-count charge borders on unlawful assault of one Chinaza Victor and her brother, Samuel Victor.
In an incident that happened on January 4, at Jesus Avenue, off School Road, Igwuruta-Ali, the defendant attacked Chinaza with a machete and inflicted injuries on her left hand and back while he gave Samuel a cut on the head.
Delivering judgment, Chief Magistrate Illaye Brown held that the prosecution proved its case beyond reasonable doubt.
According to the magistrate, “for self-defence to avail a defendant, there must be proof of grave and sudden provocation, actual and reasonable loss of self-control, and proportionate retaliation.”
Brown also rejected the claim that the complainants attacked the defendant first, observing that Ordu had no visible injuries, while the complainants appeared in court with bandaged wounds during the proceedings.
