rage or fury, the accused person suddenly and
temporarily loses his passion and self control;
a state of mind which results in the
commission of the offence.”
In a plethora of decided cases, it has been severally
held that an accused or defendant who want to avail
himself of the defence of provocation, must satisfy
certain conditions precedent. In the case of Azuogu
V. State (2019) 3 WRN 98 at 123-124 lines 45-15,
the Supreme Court per Nweze JSC stated the law as
follows:“The three conjunctive elements which a
defendant who wants to avail himself of this
special defence must prove, are that: (a) There was the deceased person act
of provocation’s which caused his
loss of self control;
(b) He killed the deceased in the heat of
passion; and
(c) At the time of killing, the heat of
passion had not waned.”
-
Ndubuisi V. State (2019) 3 WRN 1
Illuebe V. State (2000) 7 NWLR pt 665 P 404
Amala V. State (2004) 31 WRN 1
Yusuf V. State (1988) 4 NWLR pt 86 p 96
Nwede V. State (1985) 3 NWLR pt 13 p 444
From the foregoing, cases, for a defendant to avail
himself
of
the
defence
of
provocation,
the
aforementioned Trinitarian elements must co-exist
requiring the defendant to prove that it was due to the
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