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IBANGA V.THE STATE

(1983) JELR 42512 (SC)

Supreme Court 27 Jan 1983 Nigeria
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- This is a murder appeal case. - The appellant argued that the deceased's adulterous relationship with the appellant's former wife was a provocation that should reduce the charge to manslaughter. - The court rejected the defense of provoca

Case Details

Suit Number:SC.72/1981
Judges:AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria CHUKWUWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Counsel:Shola Rhodes (with him Adeniji Fashola) For Appellant Miss Essien Udom (Senior State Counsel Cross River State) For Respondent
Other Citations:(1983) All N.L.R 30

OBASEKI, J.S.C.(Delivering The Leading Judgment): This is a murder appeal. The only ground argued by counsel was substituted ground, which reads:

"that the Federal Court of Appeal erred in law in convicting the accused of (in confirming the conviction of the accused of) murder when on the (circumstances of the case) the evidence led, he ought to have been convicted of manslaughter".

In his submission, Shola Rhodes counsel for the appellant said that the adulterous association of the deceased with his (accused's) former wife was a continuing provocation which led to the appellant's attack on the deceased. He urged the court to consider the extremely volatile temper of the Abak people and hold that the association of the deceased and the former wife of the accused was sufficient provocation to reduce the offence of murder to manslaughter.

Quite properly, Miss Udom, the learned senior State Counsel, replied that the courts have never conceded to the Abak people the right to fly into a ra…

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