Provocation As A Defence To Criminal Liability: The Nigerian Perspective

ABSTRACT

 One of the defences open to an accused which may exculpate or mitigate him from criminal liability is provocation. The law recognizes that human beings are prone to losing their control under extreme rage and should they react violently, justice demands that account be taken of this natural tendency of theirs in inflicting punishment. The defence of provocation is available to an accused as a mitigating defence rather than an absolute one because much as the law recognizes human weakness, it does not condone human ferocity.

This project work shall attempt a detailed examination of provocation as a defence to criminal liability largely concentrating on the Nigerian perspective.

In order to achieve this objective, the work is divided thus:Chapter one will give a general introduction to provocation, what is a crime, elements of crime, criminal liability, the definition of provocation as defence, the defences which are open to an accused under the Nigerian criminal justice system, the historical development of the defence of provocation and also the justification for the defence of provocation. Chapter two will cover expressly the defence of provocation under the Nigerian Law, the elements that sufficiently constitute  provocation and the offences to which provocation is a defence under Nigerian Law, it will also cover an analysis of some of the Nigerian cases on the defence of provocation. Chapter three will focus on the restrictions and limitations of provocation as a defence, the rule of proportionality as a limitation to the plea of provocation, the reasonable man’s test, the issue of retreat and provocation by a third party,  Chapter four will focus on the conclusion and recommendation.

The methodology of the research is Doctrinal, Analytical and Argumentative. Information shall be sought from law libraries and the internet. Recourse shall be made to books, journals, law reports and statutes.

TABLE OF CONTENT

TITLE PAGE  i

CERTIFICATION ii

DEDICATION iii

ACKNOWLEDGEMENTS iv

TABLE OF STATUTES vi

TABLE OF CASES vii

LIST OF ABBREVIATIONS xv

TABLE OF CONTENT xvii

ABSTRACT xix

CHAPTER ONE 1

PRELIMINARY CONSIDERATIONS 1

1.1 INTRODUCTION 1

1.2 CRIME 4

1.3 ELEMENTS OF CRIME 18

1.4 THE PRINCIPLE OF CRIMINAL LIABILITY 23

1.5 DEFINITION OF PROVOCATION AS A DEFENCE 29

1.6 HISTORICAL DEVELOPMENT OF THE DEFENSE OF PROVOCATION 31

1.7 JUSTIFICATION FOR THE DEFENCE OF PROVOCATION 37

CHAPTER TWO 43

THE DEFENCE OF PROVOCATION UNDER NIGERIA LAW 43

2.2 DEFINITION OF PROVOCATION UNDER NIGERIA LAW 45

2.2 ELEMENTS OF PROVOCATION UNDER NIGERIA LAW 51

2.2.1 THE PROVOCATIVE ACT 53

2.2.2  LOSS OF SELF-CONTROL 79

2.2.3 RULE OF PROPORTIONALITY 85

2.3 OFFENCES TO WHICH PROVOCATION IS A DEFENCE 88

2.3.2 ASSAULT 91

2.3.3 MANSLAUGHTER 93

2.3.4 DEFAMATION OFFENCES AND MALICIOUS DAMAGE 93

2.4 AN ANALYSIS OF SOME OF THE NIGERIAN CASES ON PROVOCATION DEFENCE 94

CHAPTER THREE 105

RESTRICTIONS AND LIMITATIONS OF THE DEFENCE OF PROVOCATION 105

3.1 THE RULE OF PROPORTIONALITY 107

3.2 THE REASONABLE MAN’S TEST 115

3.3 THE ISSUE OF RETREAT 131

CHAPTER FOUR 141

4.1 CONCLUSION 141

4.2 RECOMMENDATION 144

BIBLIOGRAPHY 148