consideration of the foregoing, it’s the humble view of
this court that an attack on one’s head with a cutlass
as done by the deceased against the defendant
without any just cause, would no doubt cause in the
accused or defendant, a sudden and temporary loss of
self – control that can render the defendant subject to
passion as to make him for the moment not master of
his mind.
In view of all the foregoing, it is my humbly view that
the defendant has successfully availed himself of the
defence of provocation as he has satisfied the
Trinitarian elements of the defence conjunctively. I
therefore hold that the defendant caused the death of
the deceased Ahmad Abubakar due to the deceased
person’s sudden act of provocation which caused in
the defendant a sudden and temporary loss of control,
rendering the defendant subject to passion as to make
him for the moment not master of his mind and
before the passion abate.
It is trite law that provocation as a defence, has been
recognized as a basis that do provide extenuating
circumstances that can reduce the offence of culpable
homicide
punishable
with
death,
to
culpable
homicide not punishable with death.
- Ndubuisi V. State (Supra) Per Eko JSC at 28
para 25.
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