CORAM
ADEMOLA, CHIEF JUSTICE, NIGERIA
COKER, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
PARTIES
ADUDU YALWA & ORS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The three appellants were on the 8th day of May, 1970 in the High Court of Kano State convicted of culpable homicide punishable with death contra section 221 of the Penal Code, and sentenced to death.
HELD
The Court allowed the appeal by substituting a verdict of homicide not punishable with death after considering the facts of the case.
ISSUES
Whether the appellants formed a common intention to kill the deceased
RATIONES DECIDENDI
CONTINUOUS PROVOCATION
“An aspect of the matter which has engaged our attention is one of provocation which, from the judgement of the learned trial judge, was not a point considered by him. The deceased, a thief, had attacked a man from whose house he stole, wounded him mortally and was about killing him when the appellants came to the scene. The scene they saw was enough to provoke them. He then tried to attack them as well with the knife. If up till the time the appellants struck him down they were provoked, as indeed they were, was it possible the provocation had ceased and they had time to cool down before Gambo suggested to them to kill him (the thief)? We do not think they had had time to cool down and we hold it was all a continuous act.” Per ADEMOLA, CJN.
CASES CITED
STATUTES REFERRED TO
The Penal Code