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OKORIE OKORONKWO V. THE STATE

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OKORIE OKORONKWO V. THE STATE

Legalpedia Citation: (1976) Legalpedia (SC) 80107

In the Supreme Court of Nigeria

Fri Jan 16, 1976

Suit Number: SC. 216/1975

CORAM


GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT

OLABODE RHODES-VIVOUR

SAIDU KAWU,JUSTICE, SUPREME COURT


PARTIES


OKORIE OKORONKWO APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

The appellant who was away to Fernando Po came on a visit and found his wife pregnant. When he went to confront the man alleged to be responsible, the deceased asked him how much he had paid on his wifes head.


HELD


The appellant who was away to Fernando Po came on a visit and found his wife pregnant. When he went to confront the man alleged to be responsible, the deceased asked him how much he had paid on his wifes head.


ISSUES


Whether an insult was enough to avail the appellant of the plea of provocation.


RATIONES DECIDENDI


PLEA OF PROVOCATION


“In the plea of provocation, the mode of resentment makes clear if such a person is acting for reasons other than the loss of control occasioned by the insulting behavior”. PER IDIGBE JSC


CASES CITED


CHUKWU OBAJI V THE STATE (1965) NMLR 417

ADAMU KANO V THE STATE (1968) NMLR 221

R V. DUFFY (1949) I ALL E.R


STATUTES REFERRED TO



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