LEGAL PRINCIPLE: CRIMINAL LAW — Defences — Mistake of Fact — Requirements Under Section 25 of the Criminal Code
PRINCIPLE STATEMENT
Where an accused acted under an honest and reasonable belief in a state of situation which if true would have justified the act, he may set up such credible defence. But the story must be true, capable of being believed and not an insult to intelligence.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Aiguokhian v. State (2004) NLC-282003(SC) at p. 2; Paras C–D.
"It is the law that where an accused acted under an honest and reasonable belief in a given state of situation which if true would have justified the act, he may set up such a credible defence. But the story must be true, in other words, capable of being believed and not an insult to intelligence."
EXPLANATION / SCOPE
Section 25 of the Criminal Code allows mistake of fact defence if belief is honest and reasonable. The belief, if true, must have justified the act. The principle applies to criminal law defences. The story must be true, believable, and not an insult to intelligence. Incredible or absurd claims will fail. The court assesses credibility objectively.
