CRIMINAL LAW — Defences — Provocation — Elements to Co-Exist
Ratio Decidendi
Per Adekeye, JSC, in Edoho v. State (2010) NLC-123-372-2007(SC) at p. 13, paras. D–E:
"In murder cases, for provocation to constitute a defence, it must consist of three elements which must co-exist, namely- (a) The act of provocation was done in the heat of passion. (b) The loss of self-control both actual and reasonable, that is to say, the act was done before there was time for cooling down (c) The retaliation is proportionate to the provocation."
Explanation / Scope
This principle establishes the three elements of provocation in murder cases: heat of passion, loss of self-control before cooling down, and proportionate retaliation. The elements must co-exist. The principle applies where provocation is pleaded. It ensures that the defence is properly evaluated. The principle reflects the requirements for provocation. It prevents misuse of the defence. The court must consider all elements. The principle provides guidance on establishing provocation.