Doctrine of Necessity in Law: Nigerian and English Cases Explained

The Doctrine of Necessity is a unique legal principle that justifies otherwise unlawful actions when they are needed to prevent a greater harm or preserve order. It is an exceptional rule that applies in rare circumstances, especially in constitutional and criminal law.

This doctrine has shaped legal history in Nigeria and England, where courts have invoked it to balance justice, morality, and survival.

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⚖️ What Is the Doctrine of Necessity?

The doctrine of necessity allows unlawful actions to be excused if they were done in the public interest or to prevent greater danger. It is not a free pass to break the law but a safeguard against chaos when no other option exists.

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🇳🇬 Nigerian Case 1: Lakanmi v. Attorney-General (Western State) (1971)

• After a military coup, the government confiscated properties through decrees.
• The Supreme Court ruled some decrees invalid, but later recognized the necessity of military rule to maintain stability.
• This case shows how the doctrine can legitimize extraordinary governance actions.

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🇳🇬 Nigerian Case 2: Yar’Adua’s Illness and Jonathan’s Appointment (2010)

• When President Yar’Adua was incapacitated, no formal transfer of power was made.
• To avoid a constitutional vacuum, the National Assembly invoked the Doctrine of Necessity and appointed Vice President Goodluck Jonathan as Acting President.
• Though not expressly in the Constitution, it was a necessary step for national stability.

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🇬🇧 English Case 1: R v. Dudley and Stephens (1884)

• Two sailors, stranded at sea, killed and ate a cabin boy to survive.
• They argued it was necessary for survival.
• The court rejected their defence, ruling that necessity cannot justify murder.

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🇬🇧 English Case 2: Re F (Mental Patient: Sterilisation) [1990]

• A mentally disabled woman could not consent to sterilisation.
• Doctors performed the procedure in her best interest.
• The House of Lords upheld the act under the doctrine of necessity, establishing its role in protecting vulnerable persons.

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✅ Conclusion

The Doctrine of Necessity plays a critical role in law, allowing flexibility during crises but with clear limits. Nigerian and English case law shows that while necessity may excuse extraordinary acts, it must never be abused.

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📌 Key Takeaways

• The doctrine justifies unlawful acts to prevent greater harm.
• Nigeria applied it in constitutional crises (Lakanmi and Yar’Adua cases).
• England defined its limits in Dudley and Stephens and Re F.

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