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DEFENCE OF PROVOCATION - REQUIREMENT FOR THE ELEMENT OF THE DEFENCE OF PROVOCATION TO AVAIL A DEFENDANT

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“These Trinitarian elements, which must be read conjunctively, require the defendant to prove that due to the deceased person's sudden act of provocation, he [defendant] killed him [the deceased person] on the spur of the moment before his [defendant's] passion could abate or vapouriseUluebeka v State [2000] 7 NWLR (pt 665) 404; Nwede v State [1985] 3 NWLR (pt 13) 444; Yusuh State [1988] 4 NWLR (pt 86) 96; R v Afonja (supra)”

 

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



   
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