CORAM
COKER JUSTICE, SUPREME COURT
MADARIKAN JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
AKPANKERE APISHEKAKEME ANEKAMOBOFIRE ACHIKE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged with murder and the trial Court failed to consider the plea of provocation raised by the accused at the trial.
HELD
The court held that in a murder trial, it is the duty of the court to considered all defenses raised by evidence whether accused persons specially put up such defenses or not.
ISSUES
Whether in the circumstances of the present case, the verdict of the learned trial judge would have been different if the plea of provocation raised by the accused was considered
RATIONES DECIDENDI
DEFENCE OF PROVOCATION
In a trial for murder it is for the court to consider all the defences raised by the appellant and if on the whole of the evidence there arises a question that the offence might be manslaughter on the ground of provocation or any other ground, the Judge must consider such defence raised it might tilt the scales of justice in favour of the accused. PER COKER JSC
CASES CITED
ORSHIOR KUSE VS THE STATE, SC 82/69 of the 27TH JUNE, 1969
SHEHU DUMMEMI VS THE QUEEN (1955) IS WACA 75
KWEKU MENSAH VS THE KING (1954) II WACA 2 at p.5
MANCINI VS R (1942) AC 1
R V. HOPPER (1915) 2 K.B 431.
STATUTES REFERRED TO