OTIGIDI ORIGBO VS THE STATE
August 16, 2025OTIGIDI ORIGBO VS THE STATE
August 16, 2025Legalpedia Citation: (1972) Legalpedia (SC) 35121
In the Supreme Court of Nigeria
Wed Nov 29, 1972
Suit Number: SC. 210/1971
CORAM
EMANUEL OBIOMA OGWUUGBU, JUSTICE, SUPREME COURT
ELIAS JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
DAN AKPAN APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The accused murdered one mary okon on the 9th of September, 1970at Eto-Mkpe village, Akpabuyo, Calabar. He was tried and on the 27th of July, 1971, was convicted of murder and sentenced to death.
HELD
Appeal dismissed.
ISSUES
Whether the defence of provocation was open to the accused.
Whether the provision of Section 284 of the Criminal Code, which deals with the defence of provocation, was applicable.
RATIONES DECIDENDI
CIRCUMSTANCES WHERE THE DEFENCE OF PROVOCATION CANT BE MADE OUT IN A MURDER CASE.
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CASES CITED
STATUTES REFERRED TO
