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 CERTIFICATIONii DEDICATIONiii ACKNOWLEDGEMENTSiv TABLE OF STATUTESvi TABLE OF CASESvii LIST OF ABBREVIATIONSxv TABLE OF CONTENTxvii ABSTRACTxix
CHAPTER ONE1 PRELIMINARY CONSIDERATIONS1 1.1INTRODUCTION1 1.2CRIME4 1.3ELEMENTS OF CRIME18 1.4THE PRINCIPLE OF CRIMINAL LIABILITY23 1.5DEFINITION OF PROVOCATION AS A DEFENCE29 1.6HISTORICAL DEVELOPMENT OF THE DEFENSE OF PROVOCATION31 1.7JUSTIFICATION FOR THE DEFENCE OF PROVOCATION37
CHAPTER TWO43 THE DEFENCE OF PROVOCATION UNDER NIGERIA LAW43 2.2DEFINITION OF PROVOCATION UNDER NIGERIA LAW45 2.2ELEMENTS OF PROVOCATION UNDER NIGERIA LAW51 2.2.1THE PROVOCATIVE ACT53 2.2.2 LOSS OF SELF-CONTROL79 2.2.3RULE OF PROPORTIONALITY85 2.3OFFENCES TO WHICH PROVOCATION IS A DEFENCE88 2.3.2ASSAULT91 2.3.3MANSLAUGHTER93 2.3.4DEFAMATION OFFENCES AND MALICIOUS DAMAGE93 2.4AN ANALYSIS OF SOME OF THE NIGERIAN CASES ON PROVOCATION DEFENCE94
CHAPTER THREE105
RESTRICTIONS AND LIMITATIONS OF THE DEFENCE OF PROVOCATION105 3.1THE RULE OF PROPORTIONALITY107 3.2THE REASONABLE MAN’S TEST115 3.3THE ISSUE OF RETREAT131
CHAPTER FOUR141 4.1CONCLUSION141 4.2RECOMMENDATION144 BIBLIOGRAPHY148