“In the case of a soldier in Northern Ireland in the circumstances in which Private Clergy found himself, there was no scope for graduated force, the only choice being between firing a high- velocity rifle which if aimed accurately, was almost certain to kill or injure and doing nothing at all” In considering the concept of necessity, the question to be determined is given the nature of the threats what are the minimum actions necessary to respond to the threats. This Court takes judicial notice of the fact that Boko Haram is a terrorist group with the capacity and tendency to inflict deadly unprovoked injuries on human beings and properties. The Applicants have contended that the Security Agents of the Defendant ought to have used non-lethal force in incapacitating the Boko Haram Group. The Applicants contended that they were unarmed while the Defendant stated that they were first shot at by the suspects and they reacted in self- defense. It should however be noted, that facts stated in pleadings are not proof and, unless where they are admitted, the burden of proof is on the person who will fail if no evidence is offered. Self- defense is a judicial concept that needs certain factors for proof. The Defendant pleaded self-defense i.e. while they were approaching the uncompleted building they were fired at by the suspects. However, there is no evidence of such a firing including, recovered guns, bullet or its pellets tendered in before the Court as proof of the circumstances. The Applicants clearly stated that they were unarmed, while the Defendant asserted that the suspects fired at them. The burden of proving self-defense is on the Defendant and this burden has not been satisfactorily discharged. Indeed as earlier noted, pleading is not evidence. There must be evidence that the Defendant acted in self-defense against a powerful terrorist group in a non – conflict environment. This burden has not been satisfactorily discharged by the Defendant. Reasonableness suggests that an officer of any sort must act without passion or prejudice, in a non-conflict zone, consideration should have been made with regard to persons who might have occupied the place in error and who are not among the suspect terrorists. The international minimum have included the use of warnings, a shot fired in the air, as well as other methods of information to give 43