Commentaries on Selected Judgements of Hon. Justice MMA Akanbi: Olufemi v The State

Abstract

Provocation is arguably a mitigation of punishment in homicide cases. The defence stands on the law’s recognition of human frailness, for the law acknowledges the reality that man is predisposed to failure of restrain while angered. According cognizance ought to be taken of this in meting out sentence. In spite of this reality however, principles concerning the defense appear to be easily glossed over. In the same vein, a notion had been peddled, often with some aura of unwarranted inviolability that the prosecution is bound to call, at the trial, all the available witnesses in the case in order that the whole of the facts may be before the court. Be that as it may, this paper reviews the Court of Appeal decision in a case which covers these two subjects and examined some issues missed out by counsels or overlooked by the court if any.