AN EVALUATION OF THE DEFENCE OF PROVOCATION UNDER THE NIGERIAN CRIMINAL JUSTICE SYSTEM

O. J. JEJELOLA

Abstract


More often than not, the defence of provocation under the administration of Criminal Justice System in Nigeria has become a subject of abuse by the criminals. The courts too are not fully abreast with the scope of the word “provocation”. It therefore brings to fore the need to take a holistic approach to checkmate any arbitrary reliance on the concept to commit crime. In realizing this goal, both primary and secondary sources of informations were used to illustrate and analyze the research questions under the study. It was discovered that the concept under the Nigerian Criminal Justice System has not taken cognizance of the realities inherent in human psychology to some extent. The study therefore recommends that the Nigerian court should always delve into the dynamics of human psychology before deciding cases involving the defence of provocation.

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