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ADESHINA ASHIMIYU & ORS V THE STATE

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ADESHINA ASHIMIYU & ORS V THE STATE

Legalpedia Citation: (1982) Legalpedia (SC) 11751

In the Supreme Court of Nigeria

Thu Oct 7, 1982

Suit Number: SC. 8/1981

CORAM


SOWEMIMO JUSTICE, SUPREME COURT

A.B WALI – JUSTICE, SUPREME COURT

IDIGBE JUSTICE, SUPREME COURT


PARTIES


ADESHINA ASHIMIYU & ORS APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The Appellant and four others were jointly charged for the offence murder of one Frank Okonjo.


HELD


APPEAL DIMISSED


ISSUES



RATIONES DECIDENDI


Defense of provocation


“For provocation to reduce murder to manslaughter the act of the provoked person must be done not in self-revenge but in ventilation of a natural, sudden and contemporaneous feeling of anger caused by the circumstances of the occasion” PER M. BELLO, JSC.


CASES CITED


Akong v. The State (1971) 1 All NLR 46,


STATUTES REFERRED TO


Nil


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