E. O. I. AKPATA, J.S.C (Delivering the Leading Judgment): Provocation which will reduce murder to manslaughter or culpable homicide not punishable with death, must be of such a character as will arouse resentment, deprive self-control and obscure reason which will likely, without time to cool, evoke violence dictated by passion rather than judgment. The main issue in this appeal is whether the defence of provocation in the light of the above definition is available to the appellant.
The appellant was charged at the Yola High Court with the offence of culpable homicide punishable with death contrary to section 221(a) of the Penal Code in that on or about 21st day of March, 1980 in Chukkol Village in the then Gongola State Judicial Division. he shot Kiliyobas Jabo with an arrow on the neck with the intention of causing his death and did cause his death on or about 26th March. 1980.
A total of seven witnesses were called by the prosecution, six of them testified. The third witness, Al Ha…