YUSUFU IDOWU VS THE STATE
August 20, 2025MR ERIYO OSAKPAMWAN V. ROAD TRANSPORT EMPLOYERS’ ASSOCIATION OF NIGERIA & ORS
August 20, 2025Legalpedia Citation: (1972) Legalpedia (SC) 81116
In the Supreme Court of Nigeria
Fri Apr 28, 1972
Suit Number: SC.125/71
CORAM
ELIAS CHIEF JUSTICE OF NIGERIA
LEWIS JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
ADAMU YIDI KAWO APPELLANTS
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 accuseds belief that the deceased had caused his brothers illness could amount to provocation in law.
RATIONES DECIDENDI
PROVOCATION
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CASES CITED
Mamman Kusu v. Sokoto N.A (Unreported) F.S.C. 276/62 of 2nd November, 1962.
STATUTES REFERRED TO
Penal Code.
