CRIMINAL LAW — Defences — Provocation and Justification — Requirement that Defences be Supported by Evidence on Record
Ratio Decidendi
Per Oguntade, JSC, in Yaro v. State (2007) NLC-123-244-2004(SC) at pp. 16–17; Paras A–C:
"A court of law will not presume or speculate on the existence of facts not placed before it… The defence of provocation as asserted by the appellants in the present case like all other defences cannot hang in the air without supporting evidence. Nor can it be built on scanty foundations. In order to establish it, it is the duty of the accused person to adduce credible and positive evidence to support the alleged provocation."
Explanation / Scope
The burden of proving a defence rests on the accused on the balance of probabilities. The court cannot conjure a defence for the accused or infer provocation, justification, or any other exculpatory factor from the bare allegations. The accused must lead positive evidence demonstrating the existence of the factual elements constituting the defence. Where no credible evidence is adduced, the court cannot entertain the defence, and the accused must be convicted on the prosecution’s case.