“The three conjunctive elements which a defendant, who wants to avail himself of this special defence, must prove are that:

(a) There was the deceased person’s act of provocation which caused his loss of self-control;

(b) He killed the deceased in the heat of passion and

(c) At the time of killing, the heat of passion had not waned, Amala v State [2004] 12 NWLR (pt 888) 520; R v Afonja (1955) 15 WACA 26.” 

PER C. C. NWEZE, J.S.C. IN THE CASE OF ADIELE NDUBUISI V THE STATE : LER [2018] SC.488/2015