PROVOCATION AS A DEFENCE TO CRIMINAL LIABILITY

Abstract

The defence of provocation to criminal liability has been examined in this study. The defence of provocation is frequently raised in criminal trials and by virtue of its prominence in the Nigerian Criminal Justice System. The work analyses the legal framework of provocation as provided for under the Criminal and Penal Codes in Nigeria, its nature, elements that sufficiently constitute provocation, and conditions under which the defense can avail a person. It was shown that for the plea of provocation to succeed, the accused must have lost self-control, committed the crime in the heat of passion and, yet, must be able to measure the proportionality of his action to the provocation given. The research recommends that a prudent approach to be adopted in Nigeria is to exclude all those common law notions explicitly provided for in the local statutes, and the Penal code and criminal code should be amended, as well as the relevant Sections that provides for the defence of provocation.Since the defence of provocation is the sole concession to loss of self-control by persons who are not classified as mentally disordered, one would suggest that not every human frailty or weakness should be taken into account. The law should aim to regulate human behavior and demand a high standard of self-control.

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urn:uuid:26a7466c-7b98-462a-a1f8-b2259fecf17f