COMMISSIONER OF POLICE V. EDEDEY

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NIGERIAN SUPREME COURT CASES

[1964] N.S.C.C.

Jose's husband had discovered that the two had been committing adultery. The

appellant was taxed with this and there was a threat of an action in court. According

to the appellant, he was made to swear an oath that he had not committed adultery

with Jose and after swearing ft he became ill.

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On the evening of the 8th April, 1963, Jose and three other women were return-

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ing to Akure from their farm. They were walking in single file and Jose was at the

back. They met the appellant who was coming from the direction of Akure and he

greeted the women in front. Soon after this they heard shouts and on looking back

saw the appellant attacking Jose with a matchet. Her body was found later lying

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on the ground and the cause of death was a deep laceration on the back of the

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neck which nearly separated the head from the neck.

The appellant made a statement under caution in which he said that it had been

certain that he himself would die and that he determined to kill Jose before he died;

that he followed her and killed her with a matchet. In his evidence at the trial he

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said that he met Jose on the road on the day she died, that he said nothing to her

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but she said to him "You've had it", by which he knew she was referring to his ill-

ness. He was annoyed and so attacked her with his matchet. It was submitted in

the court of trial that these words constituted sufficient provocation to reduce the

offence from murder to manslaughter. The Judge rejected this submission and

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quoted from the judgement of Ridley, J. in

R.

v. Mason

8 Cr. App. R. 121, where

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it was said that "mere words of provocation or abuse could not....have the effect

of reducing the crime from murder to manslaughter". It is now settled that this

statement does not represent the law under section 220 of the Criminal Code of

Western Nigeria (section 283 in the Federal Code) which expressly defines pro-

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vocation as including any wrongful act or insult: but we agree with the learned trial

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Judge that the words used in this case were not such as to constitute sufficient pro-

vocation to reduce the crime from murder to manslaughter. In these circumstan-

ces, the appeal was dismissed.

Appeal dismissed.

COMMISSIONER OF POLICE WESTERN REGION

V. EDEDEY

COMMISSIONER OF POLICE,

WESTERN REGION

V

SMART EDEDEY

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.

26th March, 1964

APPELLANT

RESPONDENT

SUIT NO. FSC 291/1963

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Legislation - Western Nigeria Criminal Code, s.331, s.346 - Federal Criminal Code,

s.390, s.406.

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Criminal Law - Demanding witlz menaces with intent to steal - Stealing related

to such demand.

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