MADAM C. S. T. KODESOH VS MADAM AYINKE ARO
August 22, 2025A. U. AMADI VS THOMAS APLIN & CO. LTD
August 22, 2025Legalpedia Citation: (1972) Legalpedia (SC) 18381
In the Supreme Court of Nigeria
HOLDEN AT LAGOS
Thu Apr 27, 1972
Suit Number: SC.125/71
CORAM
E.O. OGWUEGBU
C.E.NWOSU-IHEME JCA
SOWEMIMO
PARTIES
ADAMU YIDI KAWO APPELLANTS
THE STATE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant killed the deceased because he believed the deceased had cast a spell on his brother and caused him to be ill.
HELD
The court held that the conduct of the village head was not enough to avail the accused the defence of provocation.
ISSUES
Whether the accused’s belief that the deceased had caused his brother’s illness could amount to provocation in law.
RATIONES DECIDENDI
CASES CITED
Mamman Kusu v. Sokoto N.A (Unreported) F.S.C. 276/62 of 2nd November, 1962.
STATUTES REFERRED TO
Penal Code.|
