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ILLEGALITY- WHETHER AN ACCUSED PERSON CAN RELY ON AN ILLEGALITY AS JUSTIFICATION OF THE COMMISSION OF A CRIME

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“An instigation or incitement to commit a crime, is itself an offence of abetment of crime. When it is admitted as a fact, it cannot be the basis on which an accused person, who admits that he committed the alleged offence upon his being so instigated or incited, can predicate his defence of provocation. Our jurisprudence or law recognises the truism that illegality, in law, is not capable of creating any right: Bello & Ors v. A. G. Oyo (1986) 1 SC 1 at 76. Thus, as Onu, JSClater puts it in Alao v. A. C. B Ltd (1998) 1 - 2 SC 177a party cannot rely on a transaction that is bemirched with illegality.” 

 

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

 



   
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