LAWANI ADOGAN VS AFUWAPE AINA
September 4, 2025FRANCIS IBEZI ENEKEBE VS CHRISTINA ENEKEBE
September 4, 2025Legalpedia Citation: (1964-03) Legalpedia 58578 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Mar 20, 1964
Suit Number: FSC 311/1964
CORAM
BRETT, JUSTICE, SUPREME COURT
OLUKAYODE ARIWOOLA
BRETT, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
ADEBOWALE ALONGE APPELLANTS
THE ATTORNEY GENERAL, WESTERN NIGERIA
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW, MURDER, PROVOCATION
SUMMARY OF FACTS
The Appellant was convicted of the offence of murder of a woman named Jose Akintade whom he was in love with and whose husband had found out that they were committing adultery.
HELD
The Court held that the words used in this case were not such as to constitute sufficient provocation to reduce the crime from murder to manslaughter and that the statement in R V Mason does not represent the law under section 220 of the Criminal Code of Western Nigeria. The appeal was dismissed.
ISSUES
1. Whether the words allegedly uttered by the deceased were enough to constitute enough provocation to reduce the crime of murder to manslaughter
2. Whether the statement in R V Mason is still the law today as regards to what can reduce the crime of murder to manslaughter.
RATIONES DECIDENDI
CONVICTION ON MURDER
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CONVICTION ON MURDER
Not Available
CASES CITED
R. v. Mason 8 Cr. App. R. 121
STATUTES REFERRED TO
Criminal Code of Western Nigeria
