AN APPRAISAL OF PROVOCATION AS A DEFFENCE UNDER THE CRIMINAL LAW: THE NIGERIAN PERSPECTIVE

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ABSTRACT

This work centres on the defense of provocation in Nigeria, with a focus on the plea of provocation. This works gives a general overview on the defences available in law to an accused person standing trial in a murder charge. This work has succeeded in examining whether an accused person can depend on the defence of provocation and whether the plea will succeed.

This work finds that provocation is a partial defence to the crime of murder and has the effect of reducing murder to manslaughter. This work further finds that provocation is a full defence to assault. Based on the findings, the research recommends, that provocation should not be excluded from the defence as a matter of law, and concludes that it is a good defence because it mitigates the harshness of capital punishment for murder.

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