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ABSTRACT
The defence of provocation is a partial defence to the crime of murder and a full defence to assault. The defence is governed by section 283 and 318 of the Criminal Code and section 222 of Penal Code. Provocation has been said to be a defence that gives concession to human frailty. It is however, not automatic, it has some condition attached to it, that the accused must prove in order for his plea to succeed. The standard to be applied in determining whether the accused was actually provoked is the reasonable man standard and the tests to be applied are: 1) The objective test, 2) The subjective test. The concept of provocation has come under severe criticism and it has been argued that the reasonable man standard is ineffective, because it is really difficult, if not impossible to ascertain who a reasonable man really is, especially in the Nigerian society, with so many ethnic groups various cultures.
There however has to be a standard so as to avoid misuse of the defence and miscarriage of justice by its wrongful grant. This project seeks to do a critical analysis on the law of Provocation in Nigeria and make recommendations where necessary.
