ALONGE V. THE A-G WESTERN NIGERIA

• Pages: 81-82

ALONGE V. THE ATTORNEY-GENERAL

WESTERN NIG.

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ALONGE V. THE ATTORNEY-GENERAL

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WESTERN NIG.

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ADEBOWALE ALONGE

V

THE ATTORNEY-GENERAL,

WESTERN NIGERIA

SUPREME COURT OF NIGERIA

BRETT,

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J.S.C.

TAYLOR,

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J.S.C.

BAIRAMIAN

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J.S.C.

20th March, 1964

APPELLANT

RESPONDENT

SUIT NO. SC 31/1964

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Legislation - Federal Criminal Code, s.283 - Western Nigeria Criminal Code, s.220.

Appeals in Criminal Cases - Miscarriage of justice - case where none.

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Criminal Law - Homicide - Provocation - Words can be provocation.

ISSUE:

1. Whether mere words can be provocation having the effect of reducing murder

to manslaughter.

FACTS:

The appellant's evidence was that when he met the deceased, she said to him

`you have had it', referring to his illness; that the remark annoyed him, and that was

why he killed her. The trial Judge rejected the submission of manslaughter, quot-

ing

R. v. Mason

8 Cr. App. R. 121, as authority that words of provocation or abuse

could not reduce murder to manslaughter.

HELD:

The words used in this case were not sufficient provocation to reduce the crime

from murder to manslaughter and there was no miscarriage of justice.

PER CURIAM:

As defined in the local section, provocation includes any wrongful act or insult:

R v. Mason

should not be used as an authority.

[As to

Provocation as a defence to a murder charge,

see 11 HALSBURY'S

LAWS 4th Edition 619 para. 1163.]

CASE REFERRED TO IN JUDGMENT:

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R v. Mason

8 Cr. App. R.121.

J.A.

Cole, for appellant.

C.O.O.

Bada, Senior State Counse,',

for respondent.

BRETT, J.S.C.

(Delivering the Judgment of the Court): The appellant was

convicted of the murder of a woman named Jose Akintade, who was the wife of

Akintade Omoye. It would appear that the appellant was in love with Jose and that

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