+234 813 0686 500
+234 809 3423 853
info@grossarchive.com

PROVOCATION AS A DEFENCE TO CRIMINAL LIABILITY: THE NIGERIAN PERSPECTIVE

  • Type:Project
  • Chapters:5
  • Pages:65
  • Format:Microsoft Word
(Law Project Topics & Materials)
Provocation As A Defence To Criminal Liability: The Nigerian Perspective
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.
TABLE OF CONTENT
TITLE PAGE  i
CERTIFICATION ii
DEDICATION iii
ACKNOWLEDGEMENTS iv
TABLE OF STATUTES vi
TABLE OF CASES vii
LIST OF ABBREVIATIONS xv
TABLE OF CONTENT xvii
ABSTRACT xix
CHAPTER ONE 1
PRELIMINARY CONSIDERATIONS 1
1.1 INTRODUCTION 1
1.2 CRIME 4
1.3 ELEMENTS OF CRIME 18
1.4 THE PRINCIPLE OF CRIMINAL LIABILITY 23
1.5 DEFINITION OF PROVOCATION AS A DEFENCE 29
1.6 HISTORICAL DEVELOPMENT OF THE DEFENSE OF PROVOCATION 31
1.7 JUSTIFICATION FOR THE DEFENCE OF PROVOCATION 37
CHAPTER TWO 43
THE DEFENCE OF PROVOCATION UNDER NIGERIA LAW 43
2.2 DEFINITION OF PROVOCATION UNDER NIGERIA LAW 45
2.2 ELEMENTS OF PROVOCATION UNDER NIGERIA LAW 51
2.2.1 THE PROVOCATIVE ACT 53
2.2.2  LOSS OF SELF-CONTROL 79
2.2.3 RULE OF PROPORTIONALITY 85
2.3 OFFENCES TO WHICH PROVOCATION IS A DEFENCE 88
2.3.2 ASSAULT 91
2.3.3 MANSLAUGHTER 93
2.3.4 DEFAMATION OFFENCES AND MALICIOUS DAMAGE 93
2.4 AN ANALYSIS OF SOME OF THE NIGERIAN CASES ON PROVOCATION DEFENCE 94
CHAPTER THREE 105
RESTRICTIONS AND LIMITATIONS OF THE DEFENCE OF PROVOCATION 105
3.1 THE RULE OF PROPORTIONALITY 107
3.2 THE REASONABLE MAN’S TEST 115
3.3 THE ISSUE OF RETREAT 131
CHAPTER FOUR 141
4.1 CONCLUSION 141
4.2 RECOMMENDATION 144
BIBLIOGRAPHY 148
PROVOCATION AS A DEFENCE TO CRIMINAL LIABILITY: THE NIGERIAN PERSPECTIVE

Share This

Details

Type Project
Department Law
Project ID LAW0078
Price ₦3,000 ($9)
Chapters 5 Chapters
No of Pages 65 Pages
Format Microsoft Word

500
Leave a comment...

    Details

    Type Project
    Department Law
    Project ID LAW0078
    Price ₦3,000 ($9)
    Chapters 5 Chapters
    No of Pages 65 Pages
    Format Microsoft Word

    Related Works

    Provocation As A Defence To Criminal Liability: The Nigerian Perspective 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... Continue Reading
    Provocation on its own it not a total defense as to make the accused discharged of his guilt. It reduces murder to manslaughter. This essay considers the adequacy of this defense by examining it under the penal laws of Nigeria and different centers. The general requirement is that of the deceased must... Continue Reading
    Provocation As A Defence To Criminal Liability Provocation on its own it not a total defense as to make the accused discharged of his guilt. It reduces murder to manslaughter. This essay considers the adequacy of this defense by examining it under the penal laws of Nigeria and different centers. The general requirement is that of the deceased must... Continue Reading
    ABSTRACT There are few researches on the role of military institutions in Nigeria, and therefore, military history is still at infancy in the Nigerian historiography. This research is therefore an attempt to re-construct the history of Nigerian Defence Academy (NDA) from 1964-2006. The NDA was established in 1964 and charged with the role of... Continue Reading
    ABSTRACT The laws which govern employment occupy a position of considerable importance in any modern society. This is so because of the tremendous contributions which workers can make to national growth and development, as well as the general well-being of the nation’s citizenry. Labour law has a vital role to play in the mobilization of the... Continue Reading
    FACULTY OF LAW ABSTRACT The laws which govern employment occupy a position of considerable importance in any modern society. This is so because of the tremendous contributions which workers can make to national growth and development, as well as the general well-being... Continue Reading
    EMPLOYER’S LIABILITY TO HIS EMPLOYEE UNDER THE NIGERIAN CONTRACT OF EMPLOYMENT ABSTRACT The laws which govern employment occupy a position of considerable importance in any modern society. This is so because of the tremendous contributions which workers can make to national growth and development, as well as the general well-being of the... Continue Reading
    CHAPTER ONE GENERAL INTRODUCTION 1.0    Introduction In most countries, it has been accepted that democracy is the only system of government that seeks to protect individual liberty and guarantee the fundamental rights of all. The pursuit of these rights is however not absolute as there exist state institutions like the police whose mandate is... Continue Reading
    ABSTRACT The objective of this study is to examine the determinants of capital market development in Nigeria. The study adopts a time -series research design with an extensive reliance on secondary data. The study covers the period 1985 -2010. The study utilizes regression analysis as... Continue Reading
    HUMAN RIGHTS AND NATIONAL SECURITY:  A CRITICAL APPRAISAL OF THE NIGERIAN PERSPECTIVE ABSTRACT It is widely and almost universally acceptable that the significance of Human Rights in any democratic society has been given wide recognition. While some societies find consolation in entrenching fundamental human rights in their constitutions, as a... Continue Reading