AN EXAMINATION OF PROVOCATION AS A DEFENCE TO CRIMINAL LIABILITY: THE NIGERIAN PERSPECTIVE

ABSTRACT

This research work critically examines the defense of provocation to criminal liability. The study was set out to discuss the nature and elements of provocation as a defense to criminal liability, and the burden of proof and its applicability to provocation in Nigeria. The study found that defence to provocation is a special defence and it is only available as a defence to murder which would reduce the liability of murder to manslaughter. However, the study shows that the death of the deceased must have been caused by the accused upon the provocation induced by the deceased and this must be offered before the accused had time for his passion to cool down. The study found that the injury must also be proportional and must be one as would have caused a reasonable man to resort to the same consequences. The study found that the defence of provocation is not a complete defense but a tenable plea which if successfully pleaded, can only have the effect of reducing the punishment which is that of murder punishable with death to manslaughter punishable with life imprisonment. The study therefore recommends that the defence to provocation should be extended to cover offences like defamation and making damage to property and concludes that an understanding of the concept of provocation will ensure that people do not mistake it for an escape route in criminal liability.