Wednesday, September 16, 2026

Suicide bombing case from Nigeria

The Supreme Court of Nigeria has handed down an interesting unanimous decision on dereliction of duty arising out of a suicide bombing that occurred in 2012. Passing over the question why it took 14 years for the matter to be investigated and adjudicated, the decision reveals some serious weakness. The government's evidence consisted of hearsay testimony by the investigting officer and out-of-court admissions by the accused. There were three issues, the first two of which were, in the Editor's opinion, frivolous and properly rejected. The third went to whether the government had proven the accused's guilt beyond a reasonable doubt. Held, per Adamo Jauro, J.S.C., "[t]he evidence established that the respondent had completed his sentry duty and was taking his breakfast when the attack occurred. There is no evidence of any duty that the respondent neglected to perform or negligently performed after 12 noon on 7th February, 2012." The case is Nigerian Army v. Friday, No SC/CR/987/2017 (Nigeria Sup. Ct. July 10, 2026).

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