It was 1 a.m when it happened; A singular event which by any standard struck a clear cord sharp enough to reach the ears of God. An historical affront on the judiciary was recorded; most definitely the first of its kind since the end of the military rule in the year 1999. Nigeria had yet … Continue reading Corruption and The Judiciary: An analysis on the Constitutional Duties of the Executive Arm.
I had to give time to enable me carefully address this issue. The unresolved issues of succession in Nigeria. It is one that is not palatable to me even as I feel it. Although, I may not be directly affected, I am sitting on a wit end to prop up legal sentiments for victims undergoing the … Continue reading THE BOWLEGGED LAWS OF INHERITANCE
PROVOCATION AS A MITIGATING ELEMENT IN MURDER CASES IN NIGERIA: SHANDE V. THE STATE  40 WRN 145;  12 NWLR (PT. 939) 301, RE-VISITED – by Collins Ogonnaya ARIKOR. INGREDIENTS OF PROVOCATION Flowing from the definitions given in sections 283 and 284 of the Criminal Code Act, the following conditions must be met for a plea of … Continue reading LAW REVIEW SERIES III: PROVOCATION AS A MITIGATING ELEMENT IN MURDER CASES IN NIGERIA.
Provocation was explained in section 283 of the Criminal Code Act to mean any act used with reference to an offence of which an assault is an element, and which includes any wrongful act or insult of such a nature as to be likely, when done to an ordinary person, or in the presence of an ordinary person to another person who is under his immediate care, or to whom he stands in conjugal, parental, filial, or fraternal relation, or in the relation of master or servant, to deprive him of the power of self-control, and to induce him to assault the person by whom the act or insult is done or offered, and when such act or insult is done or offered by one person to another, or in the presence of another person who is under his immediate care, or any person whom he stands in any such relationship as mentioned, then the former is said to give the latter provocation for an assault. Simply put, provocation implies that in the event that a person is insulted or assaulted, or such person sees a person he stands in a parental, marriage or other personal relationship with being insulted or assaulted, and he loses his power of reasoning, he is said to be provoked.
The law is very much settled that any defence to which an accused person is, on the evidence entitled to, should be considered for what it is worth however stupid or unreasonable it might appear to the court. In Bozin v. The State, the Supreme Court reiterated that it is an essential principle in all criminal trials that a defence however fanciful, stupid or doubtful it seems to the trial court is deserving and worthy of consideration.