NWAOKORO VS SAPELE URBAN DISTRICT COUNCIL
September 3, 2025OYEKAN & OYEDEJI VS AKINJIDE
September 3, 2025Legalpedia Citation: (1965-06) Legalpedia 13033 (CA)
In the Court of Appeal
Holden At Abuja
Thu Jun 17, 1965
Suit Number: FSC 132/1965
CORAM
BAIRAMIAN CHIEF JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
AJEGBO JUSTICE, SUPREME COURT
PARTIES
IYU
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW – PROVOCATION- CONFESSION
SUMMARY OF FACTS
The appellant killed the deceased for allegedly insisting on taking his sticks for yam vine the previous day.
HELD
The court held that he had enough time for his passion to cool.
ISSUES
Whether the defence of provocation availed the accused person
RATIONES DECIDENDI
TEST OF PROVOCATION.
.’An accused person, who had plenty of time during a whole night for his passion to cool, cannot plead the quarrel of the previous day as provocation.’ – Bairamian J.S.C.
CASES CITED
STATUTES REFERRED TO
