Appraisal of the defence of provocation to the offence of murder under nigeria criminal law
Table Of Contents
Chapter ONE
1.1 Introduction1.2 Background of Study
1.3 Problem Statement
1.4 Objective of Study
1.5 Limitation of Study
1.6 Scope of Study
1.7 Significance of Study
1.8 Structure of the Research
1.9 Definition of Terms
Chapter TWO
2.1 Historical Overview of Provocation in Criminal Law2.2 Legal Framework of Provocation in Nigeria
2.3 Comparative Analysis of Provocation Laws in Other Jurisdictions
2.4 Case Studies on Provocation and Murder
2.5 Psychological Perspectives on Provocation
2.6 Gender and Cultural Influences on Provocation Defenses
2.7 Criticisms and Controversies Surrounding Provocation Defense
2.8 Evolution of Provocation Defense in Legislation and Case Law
2.9 Impact of Provocation on Sentencing in Murder Cases
2.10 Recent Developments and Trends in Provocation Defense
Chapter THREE
3.1 Research Design and Methodology3.2 Data Collection Methods
3.3 Sampling Techniques
3.4 Data Analysis Procedures
3.5 Ethical Considerations
3.6 Research Instruments
3.7 Validity and Reliability of Data
3.8 Limitations of the Research Methodology
Chapter FOUR
4.1 Analysis of Data on Provocation and Murder Cases4.2 Factors Influencing the Outcome of Provocation Defense
4.3 Judicial Interpretation of Provocation in Murder Trials
4.4 Role of Expert Testimony in Provocation Cases
4.5 Public Perception and Understanding of Provocation Defense
4.6 Implications of Provocation Defense on Criminal Justice System
4.7 Challenges Faced by Defendants Using Provocation Defense
4.8 Recommendations for Improving Provocation Laws
Chapter FIVE
5.1 Summary of Findings5.2 Conclusion
5.3 Implications for Legal Practice
5.4 Recommendations for Future Research
5.5 Contribution to Legal Scholarship
Project Abstract
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.
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