PROVOCATION AS A DEFENCE IN NIGERIAN LAW: A JURISPRUDENTIAL ANALYSIS

Abstract

Provocation on its own it not a total defence as to make the accused discharged of his guilt. The defence of provocation can be best designated as a concession to human frailty, introduced by the common law to mitigate the strictness of the single penalty of death for a convict in a murder case. This paper aimed at examining the defence of provocation in Nigerian law, exploring its historical development, elements, and jurisprudential applications. The research adopted doctrinal methodology to examine the theoretical underpinnings of the defence of provocation. Through a critical analysis of case laws and statutes, this study revealed the challenges and controversies surrounding the defence, including gender and cultural biases, subjective interpretations, and the balance between justice and mercy. A comparative analysis with other jurisdictions highlights opportunities for reform and improvement. Therefore, the study recommended a swift resolution of the complexities surrounding the defence of provocation in order to contribute to the discourse on criminal law reform in Nigeria and improve our criminal law jurisprudence.