“Finally, and more importantly, for the defence of provocation to avail the appellant, there must be something said or done by the deceased persons in his presence, which caused the appellant to ‘suddenly and temporarily’ lose his passion and self-control. See R. v. Duffy (1949) 1 AER 932, where Devlin, J. observed that: “Provocation is some act, or series of acts, done by the dead man to the accused, which would cause in any reasonable person, and actually cause in the accused, a sudden and temporary loss of self-control, rendering the accused so subject to passion as to make him or her for the moment not master of his mind.”
ADIELE NDUBUISI AND THE STATE
SC. 209/2007 decided
6TH JULY 2018