The
defendant
having
raised
the
defence
of
provocation as shown by his statement which was
substantiated by his evidence in chief as DW1, this
court has a duty to consider it. The question one will
be tempted to ask, is what is provocation?
In the case of Ndubuisi V. State (2019) 3 WRN 1,
the Supreme Court adopted the definition offered by
Delvin J. in the case of Duffy (1949) 1 AER 932
where he said:“Provocation is some act or series of acts done
by the dead man to the accused which would
cause in any reasonable person and actually
cause in the accused a sudden and temporary
loss of self control rendering the accused so
subject to passion as to make him or her for
the moment not master of his mind.”
Per Augie JSC at p 20 lines 25-30.
- Illuebeka V. State (2007) 7 NWLR pt 665 p
404.
- George V. State (1993) 6 NWLR pt 297 p. 47.
Explaining what provocation is all about in a more
clearer language, the Apex Court in the case of Kaza
V. State (2008) 32 WRN 46 stated the law in the
following words:“Provocation is an action or conduct which
arises suddenly in the heat of anger. Such
action or conduct is precipitated by
resentment, rage or fury on the part of the
accused person to the person that offered the
provocation. Because of the anger, resentment,
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