Thesis Abstract

Abstract
The defence of provocation is a significant aspect of the offence of murder under Nigerian criminal law. This research project aims to critically appraise the defence of provocation within the context of murder offences in Nigeria. The study examines the legal principles governing provocation as a defence, its historical development, and its current application in Nigerian jurisprudence. Through an analysis of relevant statutes, case law, and scholarly works, this research explores the elements of provocation, the standard of reasonableness in response, and the impact of provocation on the culpability of the accused in murder cases. The study delves into the complexities surrounding the subjective and objective components of provocation, considering how cultural, societal, and individual factors influence the assessment of a reasonable person's reaction to provocation. Furthermore, this research investigates the challenges and controversies surrounding the defence of provocation in Nigeria, including issues related to gender-based violence, cultural norms, and the adequacy of the legal framework in addressing cases where provocation is claimed. By engaging with comparative legal perspectives and international human rights standards, this study seeks to offer insights into potential reforms or improvements in the application of the provocation defence in Nigerian criminal law. Moreover, the research project evaluates the role of judicial discretion in determining the applicability of provocation as a defence, examining the extent to which subjective considerations may impact the outcome of murder trials. By analyzing landmark cases and recent developments in Nigerian criminal law, this study aims to provide a comprehensive assessment of the strengths and limitations of the provocation defence in the context of murder offences. In conclusion, this research contributes to the ongoing scholarly discourse on the defence of provocation in Nigerian criminal law, shedding light on its theoretical underpinnings, practical implications, and potential areas for reform. By offering a critical appraisal of the provocation defence, this study seeks to enhance the understanding of legal practitioners, scholars, and policymakers on the complexities of applying provocation in murder cases and its implications for justice and fairness in the Nigerian legal system.

Thesis Overview

Provocation on its own it not a total defense as to make the accused discharged of his guilt. It reduces murder to manslaughter. This essay considers the adequacy of this defense by examining it under the penal laws of Nigeria and different centers. The general requirement is that of the deceased must have been caused by accused upon provocation induced by the deceased himself and this must be offered before the accused had time for his passion to cool down. The injury inflicted must also be proportional and must be one as would have caused a reasonable man to resort to the same consequence. The adequate of this defense, in the light of the scope of this study is purely a psychological question. The test of provocation is inadequate. It is plainly illogical not to recognize the fact that different people react differently to stimuli and the law, by its hording expects a man dethroned in his reasoning faculty to inflict a reasonably proportional injury which only a reasonable man in his senses could do. The aim and objective of this work was to assess the meaning of the term provocation as provided for under the penal and criminal codes and other relevant statutes, case law and by various author, its nature, element and the condition under which the defense can avail a person from criminal liability.