AKPANKERE APISHE & ORS VS THE STATE
August 27, 2025JOHN KOBINA SEYE JOHNSON & ORS V. IRELE AYINKE LAWANSON & ORS
August 27, 2025Legalpedia Citation: (1971) Legalpedia (SC) 11819
In the Supreme Court of Nigeria
Fri Feb 12, 1971
Suit Number: SC. 184/1970
CORAM
COKER JUSTICE, SUPREME COURT
MADARIKAN JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
EWO AKANG APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was accused of murder and sought to rely on the defence of provocation.
HELD
The Court held that the findings of the trial Court were established and the application of the law to those findings was not successfully challenged.
ISSUES
Whether the defence of provocation raised by the defence is sufficiently established based on the essential ingredients required to prove the defence of provocation.
RATIONES DECIDENDI
DEFENCE OF PROVOCATION
There was sufficient time for the accused persons passion to cool. It is of paramount importance in the consideration of this concept that the act be held out as a natural and justifiable reaction of the provoked person 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.
CASES CITED
CHUKWU OBAJI VS. THE STATE (1965) I ALL N.L.R 269
VINCENT CHUKWU VS THE STATE (1966) NMLR 274.
STATUTES REFERRED TO
SECTION 318 CRIMINAL CODE.
