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Ogebe: Sunday Jackson’s Case Was Miscarriage Of Justice

Sunday Jackson’s lawyer Emmanuel Ogebe says self-defence cannot attract a death sentence, insists Nigeria must correct “miscarriage of justice.”

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Sunday Jackson’s lawyer, Emmanuel Ogebe, has described the decade-long death row incarceration of his client as a “textbook miscarriage of justice,” warning that the Supreme Court’s ruling poses dangerous implications for Nigerians’ right to self-defence.

Speaking in an interview with ARISE News on Thursday, the US-based human rights lawyer said Jackson, who spent over 10 years on death row in Adamawa State before receiving a gubernatorial pardon in December, should never have been convicted in the first place.

“I first read about this case while I was in Nigeria and I said to myself, this is so wrong,” Ogebe said. “What struck me was that he used his attacker’s knife on the attacker. That is clearly a fight for survival.”

Ogebe said he visited Jackson at the Yola prison in 2021 and immediately became involved in the case, crediting media exposure for bringing national and international attention to the injustice.

“The media led me to him, and ultimately, the media led us to his pardon,” he said. “Your programme on the day of the Supreme Court judgment spiralled this case globally. By the following week, lawyers in Washington were already discussing it after watching the interview.”

Explaining the legal failures that led to Jackson’s conviction, Ogebe said the prosecution’s case was fundamentally flawed.

“He was charged with two stabs, but the judgment spoke of three stabs, and the Supreme Court relied on three stabs,” he said. “If the court had accepted what was on the charge sheet — two stabs — he would have walked free. On every level, this was a terrible case.”

He said a dissenting judgment by Justice Helen Ogunwumiju was pivotal in saving Jackson’s life.

“Justice Ogunwumiju’s dissent literally saved him,” Ogebe said. “A senior advocate told me this is one of the most thorough dissents ever written. That judgment should be studied for generations. I call her the female Lord Denning of Nigeria.”

Ogebe said other factors that influenced the pardon included reconciliation between the families of Jackson and his deceased assailant, as well as international pressure.

“The paramount ruler of his community brought both fathers together, and the deceased’s father signed a letter supporting the pardon,” he said. “At the same time, Nigerians and the international community were outraged that Nigeria was about to execute a citizen who survived a deadly attack.”

He noted that pressure from the United States played a critical role.

“This is the second death row inmate I have helped free in two years,” he said. “In Indonesia, Nigeria begged a foreign government not to kill its citizen. Here, America was begging Nigeria not to kill its own.”

While welcoming the pardon, Ogebe said it does not resolve the deeper legal concern raised by the Supreme Court’s ruling.

“Jackson survived the hangman, but the rest of us Nigerians are not safe,” he said. “The Supreme Court is effectively saying that when attacked, your only option is to flee. That is unacceptable.”

He warned that the ruling sets a dangerous precedent.

“If an 11-year-old girl defends herself against attackers, would she be sentenced to death too?” he asked. “We cannot allow that precedent to stand.”

On Jackson’s future, Ogebe said discussions are ongoing around compensation and rehabilitation.

“Adamawa State is considering compensation, and we are also considering going to the ECOWAS Court to seek damages,” he said. “There is also a Justice for Jackson task force considering a fundraiser to help him rebuild his life.”

Ogebe also criticised Nigeria’s broader security and governance challenges, warning that insecurity could worsen ahead of elections.

“In the first week of this year alone, at least 15 states recorded serious security incidents,” he said. “This is the worst possible time for governance. Leaders are out of touch with the realities Nigerians face.”

He urged the government to work with international partners and local communities.

“Communities must be empowered to protect themselves,” he said. “If we fail to do this, we are heading towards a potential revolution.”

Jackson, who was freed just before Christmas after spending more than a decade on death row, has since reunited with his family and supporters, marking the end of what Ogebe described as “a long fight for justice, survival and dignity.”

Boluwatife Enome 

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