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Your fence kills a robber… Will the law come for you next?

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Legal Lens by Olusoji Daomi

By OLUSOJI DAOMI

 

There is a kind of fear that lives quietly in many Nigerian homes. It is the fear that comes at night. When the gate is locked. When the lights are off. When every sound feels louder than it should.

In a country where stories of burglary travel faster than electricity supply, many landlords have turned to one modern solution. Electric fencing. You see it everywhere now. Wires neatly lined across compound walls. Sometimes interwoven softly. Sometimes silent, but present. A warning without words.

The intention is simple. Keep danger out. But then imagine this. A group of armed robbers approach your house under the cover of darkness. They scale the fence. There is a sudden jolt. A scream. Then silence. By morning, one of them is dead. And suddenly, the question changes. Not “Was your house protected?” But “Are you now in trouble?” It sounds strange. Even unfair. A man comes to rob you and loses his life in the process, and the law turns to you.

But the law, as many Nigerians are beginning to understand, is not emotional. It does not clap for revenge. It does not celebrate instant justice. It asks one question. Was what you did lawful? Electric fencing, contrary to what some people believe, is not illegal in Nigeria. In fact, it is recognised as a legitimate security measure. But like many things in law, it comes with conditions. The purpose of an electric fence is to deter, not to destroy. It is meant to shock, not to kill. It is designed to send a message, not to end a life. When properly installed, an electric fence uses controlled pulses. It delivers a sharp, unpleasant shock that discourages intrusion. It does not operate like a death trap. That distinction is crucial. Because once a fence crosses that line from deterrence to danger, from protection to harm, the legal consequences begin to unfold.

In the end, the goal of security is protection, not destruction. To keep danger away, not to create another danger in its place.

Now, back to the unfortunate robber. If the fence that caused his death was properly installed by professionals, if it used the correct non-lethal current, if there were clear warning signs visible to anyone approaching the property, then the law may view the situation differently. It may see it as a case of lawful self-protection. The landlords, in such circumstances, may not be held liable. Why? Because the law recognises the right to defend one’s property. It accepts that a landlord is entitled to take reasonable steps to secure his environment. It understands the realities of insecurity.

But the word that changes everything is this. Reasonable. The moment the fence becomes excessive, dangerous, or deliberately lethal, the story changes. Imagine a scenario where the landlord, out of fear or anger, installs a high-voltage system designed not just to repel, but to incapacitate or even kill. No warning signs. No professional installation. Just raw, uncontrolled current running through the wires. That is no longer security. That is a trap. And the law does not permit traps that can take life.

At that point, if someone dies, even if that person is a criminal, the law may step in and ask hard questions. Why was the system so dangerous? Was there an intention to cause harm? Was this self-defense or pre-arranged punishment? Because in law, there is a fine line between defending yourself and setting up a system that acts like a silent executioner.

And if the court concludes that the installation was reckless or excessively dangerous, the landlord may find himself facing a serious charge. Not for protecting his home, but for causing death in a manner the law does not justify. This is where many Nigerians struggle to reconcile emotion with legality. The instinctive reaction is simple. “He came to rob me. Whatever happened to him is his problem.” But the law does not operate on instinct. It operates on principle. Human life, even the life of a criminal, is still protected under the law. The fact that someone came with bad intentions does not give another person unlimited freedom to use deadly force in advance.

Self-defense is allowed. But it must be proportionate. It must be immediate. It must not be excessive. An electric fence that is properly configured to warn and repel falls within that boundary. One that is configured to kill may fall outside it. For the average Nigerian landlord, the lesson is clear and practical. Security is important. In fact, it is necessary. But security must be intelligent.

Before installing an electric fence, ensure it is done by qualified professionals. Ensure it complies with safety standards. Ensure there are visible warning signs. Let anyone approaching your compound know that there is danger ahead. Do not turn your home into a battlefield. Do not turn your fence into a weapon of vengeance.

Because if your security system begins to act like judge, jury, and executioner, you may one day find yourself standing before an actual judge, explaining why a life was lost. And in that courtroom, the story will not be about fear or frustration. It will be about the law.

In the end, the goal of security is protection, not destruction. To keep danger away, not to create another danger in its place. Protect your home. Protect your family. But above all, protect yourself… from becoming the one the law must now examine.

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