CAN faults Supreme court judgement on death sentence on Sunday Jackson 

By Achadu Gabriel, Kaduna

The Christian Association of Nigeria (CAN) in the 19 Northern states and Abuja has expressed deep concern over the Supreme Court’s judgment sentencing an Adamawa State farmer, Sunday Jackson, to death by hanging for defending himself against an attack.

CAN stated that the court’s decision contradicts the provisions of the Adamawa State Penal Code, particularly Sections 23 and 24. Section 23 explicitly states: “Nothing is an offence which is done in the lawful exercise of the right of private defence.”

In a statement issued in Kaduna yesterday, signed by Northern CAN Chairman, Rev. John Joseph Hayab, and Secretary General, Bishop Mohammed Naga, the association described the judgment as a miscarriage of justice.

Sunday Jackson was arraigned on November 21, 2018, on a one-count charge of causing the death of Ardo Bawuro by stabbing him three times in the neck with a knife. However, CAN argued that the knife used in the altercation originally belonged to the deceased and was taken from him during a struggle.

According to the statement, Jackson testified in court on February 27, 2020, and the matter was later adjourned for the adoption of final written addresses on August 27, 2020. Judgment was delivered on February 10, 2021, exceeding the constitutional time limit for delivering judgments.

CAN pointed out that the 1999 Constitution, as amended, requires courts to deliver judgments within 90 days after the adoption of final addresses. However, in Jackson’s case, the judgment was delayed for 167 days, making it a violation of Section 294 (5) of the Constitution, which renders such judgments a nullity due to undue delay.

The association further described the trial as unjust, stating that Jackson was held for several years awaiting trial on a charge that should have taken no more than five court sittings. Despite Jackson’s argument that he acted in self-defense, the courts upheld the death sentence.

CAN also criticized the trial judge’s reasoning that Jackson should have fled instead of fighting back, even though he was injured in the leg during the attack. The association noted that this argument ignored the reality of Jackson’s physical condition at the time of the altercation.

In light of these concerns, CAN has appealed to the Governor of Adamawa State, Ahmadu Umaru Fintiri, to exercise his constitutional powers of mercy and grant Jackson a pardon. The statement emphasized that the nation urgently needs peacebuilding and reconciliation, and pardoning Jackson would serve as a step toward justice and fairness.

CAN further noted that Jackson has already suffered immense psychological distress from enduring six and a half years of trial and imprisonment, as well as the uncertainty of waiting for a death sentence.

The Christian body strongly urged Governor Fintiri to consider the prolonged injustice suffered by Jackson and respond to the plea with compassion and fairness.