deceased person’s sudden act of provocation that he
reacted the way he did leading to the death of the
deceased. The defendant must show that he re-acted
before passion abated or vaporized the provocation
act must however be such that would deprive the
defendant of self-centrol suddenly and temporarily
- Ahmed V. State (2008) 29 WRN 27.
- Akalezi V. State (1993) 2 NWLR pt 273 p 1.
The question one will ask at this juncture is whether
from both the evidence of prosecution and the
defence, evidence exist before this court revealing the
provocation offered by the deceased to the defendant
which caused the defendant to lose his self-control?
The answer in my humble view is in the affirmative.
From the earlier quoted portion of the defendant’s
statement which was substantially corroborated by his
oral evidence, the defendant was attacked by the
deceased when he inflicted a machete cut on the
defendant head without the oremidation of the
defendant. PW3 also testified to the fact that when
the defendant was brought to CID Office, he observed
that the defendant had some injuries on his head. In
fact even the contents of the charge against the
defendant appeared to support the claim of the
defendant with regard to the fact that it was the
deceased who first attacked the defendant. In
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