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