CORAM

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ADEMOLA, JUSTICE SUPREME COURT

MBANEFO, JUSTICE SUPREME COURT

QUASHIE-IDUN, JUSTICE SUPREME COURT

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PARTIES

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RISKUWA SHANAWA

APPELLANTS 

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SOKOTO NATIVE AUTHORITY

RESPONDENTS 

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AREA(S) OF LAW

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CRIMINAL LAW—DEFENCE OF PROVOCATION—APPEAL

 

 

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SUMMARY OF FACTS

The accused/appellant was charged with culpable homicide of the death of deceased. The two men had been engaged in a fight, were the deceased had held the hair of the appellant and refused to let go inspite of a knife wound on his hand and ribs. The appellant was released from the deceased grip when his hair was cut, the deceased died in the dispensary later that night.

 

 

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HELD

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The appellant is sentenced to a term of 7 years imprisonment with hard labour.

 

 

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ISSUES

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Whether the provocation was sufficient to deprive a reasonable man of his self-control

 

 

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RATIONES DECIDENDI

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PROVOCATION AS A DEFENCE

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“The test to be applied is whether the provocation was sufficient to deprive a reasonable man of his self-control, not whether it was sufficient to deprive of his self-control the particular person charged.” Per ADEMOLA C.J.F.

 

 

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CASES CITED

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1. R. v. Lesbini 24 Cox, 516;11 C.A.R. 7

2. R. v. Alexander, 23 Cox, 604; 9 C.A.R. 139

3. R. v. Snow, 1 Leach 151; 1 East P.C. 244;

4. R. v. Taylor, 5 Burr. 2793

 

 

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STATUTES REFERRED TO

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1. The Penal Code

 

 

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