THE SCOPE AND NATURE OF PROVOCATION IN THE NIGERIAN CRIMINAL JUSTICE SYSTEM: DETERMINATION OF APPLICABILITY

Abstract

The defence of provocation is available to an accused as a mitigating defence rather than an absolute one. Though the law recognizes human weakness, it does not condone human ferocity. The doctrine of provocation and crime of homicide has always represented an anomaly in English Law. The defence of provocation is usually raised in criminal trials. By virtue of its prominence in the Nigerian Criminal Justice system account is therefore taken meticulously to give a vivid exposition of its nature. If provocation is successfully proved in homicide cases, it will reduce the offence to manslaughter with consequence of lesser penalty. The law of provocation in criminal trial has been the subject of controversies, both locally and in other commonwealth jurisdictions in recent years. Against this background, the author seeks to critically appraise the scope of provocation and its applicability in the Nigerian criminal justice system. The paper adopting a doctrinal method maintains that there are several technicalities in determining who is a reasonable man and also the proportional rule of retaliation. It is therefore concluded that the proportional rule of retaliation would definitely be detrimental to an accused person or defendant.