FRANCIS VS FRANCIS
September 3, 2025BOCKELMANN W. H. VS THOMPSON NWAEHI
September 3, 2025Legalpedia Citation: (1965-04) Legalpedia 02040 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Thu Apr 29, 1965
Suit Number: SC 49/1965
CORAM
BAIRAMIAN CHIEF JUSTICE, SUPREME COURT
ONYEAMA JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
PARTIES
NWEKE
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW-MURDER-MANSLAUGHTER
SUMMARY OF FACTS
The appellant was convicted of the offence of murder and has appealed against his conviction
HELD
The court held that in the present case there were no extenuating circumstances and that it was a gratuitous murder and accordingly dismissed the appeal
ISSUES
Whether, upon the facts found by the judge and the evidence relevant to them, it was a case of murder or one of manslaughter.
Whether the appellant knew that the deceased was acting lawfully in coming to arrest him
RATIONES DECIDENDI
CONDUCTS THAT DO NOT WARRANT PROVOCATION.
‘A lawful act is not provocation to any person for an assault’- BAIRAMIAN, J.S.C
TEST OF PROVOCATION.
“There must be a wrongful act or insult for the loss of self-control, and if the party were entitled in law to arrest the appellant their threat to do so was not a wrongful act- BAIRAMIAN, J.S.C
CASES CITED
Chapman, 12 Cox C. C. 4
Hammar Dangar, 10 W.A.C.A 225
Joseph Adu, 14 W.A.C.A. 462
STATUTES REFERRED TO
Criminal Code
Criminal Procedure Ordinance
Constitution of the Federation
