PATERSON ZOCHONIS & CO. LTD VS A. J.OGEDENGBE
August 22, 2025JAMES FAKOREDE & ORS VS ATTORNEY-GENERAL WESTERN STATE
August 23, 2025Legalpedia Citation: (1972) Legalpedia (SC) 01711
In the Supreme Court of Nigeria
Fri Mar 17, 1972
Suit Number: SC. 307/71
CORAM
COKER CHIEF, JUSTICE OF NIGERIA
PARTIES
ANOU INYAMA
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW- MURDER- DEFENCE OF PROVOCATION
SUMMARY OF FACTS
The accused was convicted on the 12th of August, 1971, for the murder of his mother, Okpukulu Inyama, by Ogbobine, J., in the High Court, Ugheli ,(Mid-West State).
HELD
The entire evidence reveals the necessary intent in a charge of murder as the accused was determined to kill the deceased from the moment he knew that she was responsible for his condition.
ISSUES
Whether the defence of provocation can avail the Accused person?
RATIONES DECIDENDI
DEFENCE OF PROVOCATION
If anger is not accompanied by any utterances or act of the victim it cannot be said that the anger is serious enough to amount to provocation if at that moment he takes up a matchet and causes any injury to the victim. The anger must create such a state of affairs as to completely off-set his mind so that he cannot be said to be mentally responsible for the consequence of his sudden conduct in killing the victim.- Per Charles O. Madarikan, JSC
CASES CITED
None.
STATUTES REFERRED TO
None.
