LEGAL PRINCIPLE: CRIMINAL LAW – Defences – Provocation – Words Alone – Whether Sufficient to Constitute Provocation
PRINCIPLE STATEMENT
The words themselves must be of such a provocative nature as to incense a reasonable man of the accused's standing in life and education to lose his self control... I have seen nothing in the evidence of the prosecution witnesses and that of accused person himself that would have led the trial judge to any verdict other than that of 'guilty of murder'.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Uluebeka v. State (2000) NLC-341999(SC) at p. 10; Paras A–C.
"The words themselves must be of such a provocative nature as to incense a reasonable man of the accused's standing in life and education to lose his self control... I have seen nothing in the evidence of the prosecution witnesses and that of accused person himself that would have led the trial judge to any verdict other than that of 'guilty of murder'."
EXPLANATION / SCOPE
Words alone may constitute provocation if they are sufficiently provocative to cause a reasonable person of the accused’s background and education to lose self-control. The standard is contextual, considering the accused’s standing in life. However, not every insult or verbal abuse qualifies. The words must be extreme and inciting. In this case, the evidence did not support provocation. The defence failed. The court assesses both the nature of words and the accused’s reaction. Mere verbal insult without more rarely suffices. The test is stringent to prevent manufactured defences. The burden of proving provocation lies on the accused.
CASES APPLYING THIS PRINCIPLE
None recorded.