LEGAL PRINCIPLE: CRIMINAL LAW — Defences — Provocation — Requirements for the Defence to Succeed
PRINCIPLE STATEMENT
To avail himself of provocation, the appellant must have acted: (i) in the heat of passion; (ii) caused by sudden provocation; (iii) before time for passion to cool; (iv) with proportionate resentment. All four requirements must co-exist.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Shande v. State (2005) NLC-1842004(SC) at p. 8; Paras B–C, citing Oladipupo v. The State (1993) 6 NWLR (Pt. 298) 131 at 139.
"It is settled law that to avail himself of the defence of provocation, the appellant must have done the act for which he is charged (i) in the heat of passion; (ii) the act must have been caused by sudden provocation; (iii) the act must have been committed before there was time for passion to cool; (iv) the mode of resentment must be proportionate to the provocation offered. These four requirements must co-exist before the defence can succeed."
EXPLANATION / SCOPE
Four cumulative requirements for provocation: heat of passion, sudden provocation, no cooling time, proportionate response. All must co-exist. The principle applies to criminal law defences.