LEGAL PRINCIPLE: CRIMINAL LAW — Provocation — Availability — Words Alone as Provocation — When Insufficient
PRINCIPLE STATEMENT
The defence of provocation is not available where the alleged provocative statement is not believed by the trial court, and there is no evidence of a fight or other physical provocation preceding the killing.
RATIO DECIDENDI (SOURCE)
Per Ogundare, JSC, in Anyanwu v. State (2002) NLC-3282001(SC) at pp. 14–15; Paras C–E.
"The defence of provocation is not available where the alleged provocative statement is not believed by the trial court, and there is no evidence of a fight or other physical provocation preceding the killing. Where the trial court makes findings of fact that the deceased did not make the alleged provocative statement and that there was no fight between the parties, the defence of provocation cannot succeed."
EXPLANATION / SCOPE
Provocation requires an act or words that would cause a reasonable person to lose self-control. If the trial court finds that the alleged provocative statement was not made, the defence fails. The court must believe the evidence of provocation. The defence also fails if there is no evidence of a fight or physical provocation. The principle applies the objective test. The accused must show that the provocation was real, not imagined. The trial court’s findings of fact on provocation are binding unless perverse. The rule prevents the defence from being used where there is no credible evidence. The burden is on the accused to raise provocation.