DANIEL C. DANIELS VS SHELL BP PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LTD
September 8, 2025CHAIRMAN OF THE BOARD OF INLAND REVENUE VS JOSEPH REZCALLAH & SONS LTD
September 8, 2025Legalpedia Citation: (1962-01) Legalpedia 78014 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Jan 5, 1962
Suit Number: SC 334/1961
CORAM
ADEMOLA, JUSTICE SUPREME COURT
UNSWORTH, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
PARTIES
AJELOFU EDACHE
APPELLANTS
THE QUEEN
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW—DEFENCE OF PROVOCATION—APPEAL
SUMMARY OF FACTS
The accused/appellant was charged with culpable homicide of his wife the deceased, on appeal he pleaded the defence of provocation by the insulting word she used on him.
HELD
Appeal allowed and an order that the case be retried
ISSUES
Whether we should nevertheless apply the proviso to section 26(1) of the Federal Supreme Court Act and dismiss the appeal on the ground that there has been no substantial miscarriage of justice?
RATIONES DECIDENDI
EFFECT OF A SUCCESSFUL PLEA OF PROVOCATION
“The trial Judge here misdirected himself, as provocation by words can be sufficient to reduce the offence to one which is not punishable with death.” Per UNSWORTH F. J.
CASES CITED
The Queen v. Akpakpan ( F.S.C. page 1)
STATUTES REFERRED TO
Not Available
