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Provocation as a Defence to Criminal Liability; the Nigerian Perspective

Provocation as a Defence to Criminal Liability; the Nigerian Perspective

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DEDICATION

This research material, titled “Provocation as a Defence to Criminal Liability; the Nigerian Perspective” is dedicated to God for His boundless grace and guidance. It is also a tribute to all computer enthusiasts whose contributions made my research journey smoother and enriched my documentation process, making the experience truly fulfilling.




ACKNOWLEDGEMENT

I am profoundly grateful to everyone who contributed to the successful completion of this project. I am especially grateful to my Supervisor (Name), the Head of Department (Name), and the Lecturers in the Department of Law for their invaluable guidance and support. I also acknowledge the contributions of authors and scholars whose works on Provocation as a Defence to Criminal Liability; the Nigerian Perspective provided essential insights. Special thanks go to my study area (and any funding organizations, if applicable) for their financial assistance. I am equally thankful to stakeholders, including mentors, teachers, and colleagues, for their encouragement and support. Finally, I deeply appreciate my family and friends for their patience and unwavering support throughout this journey. Your contributions have been instrumental in making this research a reality.




ABSTRACT

One of the defences open to an accused which may exculpate or mitigate him from criminal liability is provocation. The law recognizes that human beings are prone to losing their control under extreme rage and should they react violently, justice demands that account be taken of this natural tendency of theirs in inflicting punishment. The defence of provocation is available to an accused as a mitigating defence rather than an absolute one because much as the law recognizes human weakness, it does not condone human ferocity.

This project work shall attempt a detailed examination of provocation as a defence to criminal liability largely concentrating on the Nigerian perspective.

In order to achieve this objective, the work is divided thus:Chapter one will give a general introduction to provocation, what is a crime, elements of crime, criminal liability, the definition of provocation as defence, the defences which are open to an accused under the Nigerian criminal justice system, the historical development of the defence of provocation and also the justification for the defence of provocation.

Chapter two will cover expressly the defence of provocation under the Nigerian Law, the elements that sufficiently constitute provocation and the offences to which provocation is a defence under Nigerian Law, it will also cover an analysis of some of the Nigerian cases on the defence of provocation.

Chapter three will focus on the restrictions and limitations of provocation as a defence, the rule of proportionality as a limitation to the plea of provocation, the reasonable man’s test, the issue of retreat and provocation by a third party, Chapter four will focus on the conclusion and recommendation.

The methodology of the research is Doctrinal, Analytical and Argumentative. Information shall be sought from law libraries and the internet. Recourse shall be made to books, journals, law reports and statutes.



Provocation as a Defence to Criminal Liability; the Nigerian Perspective


1.1 Introduction

… As a prelude to other parts of this study, this chapter will discuss the background upon which this study was initiated, the statement of problems that led to this study, the Aim and Objectives of the study. Others are Significance of the study, Scope of work, Research hypothesis and questions, Limitation of the study and Definition of technical terms.…


CHAPTER TWO

2.0 Literature Review

2.1 Introduction

This chapter focuses on the review of related literature. A literature review includes the current knowledge as well as theoretical and methodological contributions to a particular topic. It documents the state of the art with respect to the topic you are writing. It surveys the literature in the topic selected. In this research work the literature review includes the conceputal review, theoretical framework, the review of related literature …

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Defense Procedure for Law Researchers


In preparation for defending a project or seminar on Provocation as a Defence to Criminal Liability; the Nigerian Perspective, it is imperative that as a nursing student, you demonstrate comprehensive knowledge of your research. The defense process is structured to include presenting your work, answering questions, and illustrating its pertinence. Initially, provide a succinct yet thorough introduction to your research topic, emphasizing its importance and the objectives, ensuring that both the audience and the External Examiner can understand the scope of your study.


Prior to your defense, be thoroughly acquainted with your research abstract and the critical elements of Chapter One, including motivation for embarking on this research, problem statement, objectives, and significance. In Chapter Two, be ready to cite at least two references from the literature review. For Chapter Three, you should be equipped to discuss the methodologies, tools, and techniques utilized. In Chapter Four, defend your research by justifying the findings and linking them to your research objectives.


Conclude your defense by succinctly summarizing the study and offering insightful, evidence-based recommendations. A professional dress code, such as wearing a suit and tie, is vital to create a favorable impression and elevate your presentation.


During the question and answer segment, the External Examiner may pose questions pertaining to your research. If confronted with a challenging or irrelevant question, respond diplomatically with, “Sorry, Sir/Madam, the question asked is beyond the scope of my study.” Whenever possible, direct your answers back to your research findings to reinforce your expertise.


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