Self-defence Against Metaphysical Witch Attacks: A Legal Conundrum in Anglophone Africa

Abstract

Superstition-driven homicide is a frequent occurrence in many African societies. People charged with homicidal acts supposedly perpetrated under the influence of belief in witchcraft and juju sometimes raise the plea of self-defence or self-defence in conjunction with mistaken belief. Hence, since the latter part of British colonial rule in Africa, particularly the 1930s, the courts in Anglophone Africa have on several occasions been invited to address the question of whether killing suspected witches to repel supposed metaphysical attacks avails to accused persons the plea of self-defence or self-defence based on mistaken belief and, if so, under what conditions. Drawing on case law, statutes, and a range of pertinent academic literature, the present study explores the historical development of the self-defence based on mistaken belief plea in witchcraft-related homicide cases in English-speaking Africa. It examines the African courts’ attitude towards the self-defence against metaphysical witch attacks defence, highlighting the divergent perspectives of various national and regional courts.