TITUS ANOM VS THE STATE
August 16, 2025VASWANI TRADING COMPANY VS SAVALAKH & COMPANY
August 16, 2025Legalpedia Citation: (1972) Legalpedia (SC) 18681
In the Supreme Court of Nigeria
Fri Dec 15, 1972
Suit Number: SC. 303/1971
CORAM
COKER JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
IRIKEFE JUSTICE, SUPREME COURT
PARTIES
KARIBI NUNYIEWA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The deceased insisted on eating out of the appellant meal, the appellant showed resentment to this when the appellant resisted him further he poured soup on his leg.
HELD
The court held that the reaction of the appellant was not abnormal nor could his action be described as disproportionate with the concept of provocation.
ISSUES
Whether the consideration given by the learned trial judge to the plea of provocation was adequate.
RATIONES DECIDENDI
ESSENTIALS FOR PROOF OF PROVOCATION
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ESSENTIALS FOR PROOF OF PROVOCATION
“There can be no doubt that the attitude of the Nigerian Courts has been to interpret Sections 283 and 318 of the Criminal Code as impliedly including the mode of resentment in other words that the retaliation must be proportionate to the provocation offered”. PER COKER JSC RTRTRTRT
CASES CITED
R V. JOHN OKORO (1942) 16 NLR 63 AT 65,66
R V. JAMES ADENIKAN (1943) 17 NLR 99 AT 101, 102
CHUKWU OBAJI V. STATE (1965) 1 ALL NLR 269
STATUTES REFERRED TO
CRIMINAL CODE
