BABAJI YARO VS THE STATE
August 26, 2025AYANTOYINBO ALADE VS THE STATE
August 26, 2025Legalpedia Citation: (1972) Legalpedia (SC) 10155
In the Supreme Court of Nigeria
Fri Feb 18, 1972
Suit Number: SC. 276/1971
CORAM
COKER JUSTICE, SUPREME COURT
UDOMA JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
OMINYI OGEIKPA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was tried, found guilty and convicted for murder of one Nwaigwe Nkwuda now (deceased) .The appellant was said to have attacked the deceased who was in the company of two other persons with a cutlass and gave him a deep matchet cut on the leg, the deceased died as a result of the injury sustained. The appellant is appealing against his conviction and rely on the defences of provocation and self defence on appeal.
HELD
The court held that the defence of provocation and self defence does not avail the appellant because, he did not act in the heat of passion, rather he acted with malice afore thought, therefore his conviction and sentence for murder based on credible evidence must stand.
ISSUES
None
RATIONES DECIDENDI
DEFENCE OF PROVOCATION
The defence of provocation or self -defense does not avail an accuse who did not act in the heat of passion. PER COKER JSC
CASES CITED
None
STATUTES REFERRED TO
None
