CHRISTOPHER DAVID V. COMMISSIONER OF POLICE PLATEAU STATE COMMAND

EJEMBI EKO, J.S.C. (Delivering the Leading Judgment): The Appellant was charged and tried for culpable homicide punishable with death under Section 221 of the Penal Code Law of Plateau State. At the trial he raised defences of self-defence and provocation which did not impress the trial Court. His defences were dismissed. He was convicted as charged and sentenced to death. He appealed, and the Court of Appeal (the lower Court) however found, at pages 226-227 of the Record, that;

"on the evidence before the lower Court, especially Exhibit 1, 2 and the testimony of PW.1 and the Appellant at the trial, the defence of provocation has been established to warrant its application to reduce offence of culpable homicide punishable with death under Section 221(a) (of the Penal Code) to the other homicide not punishable with death under Section 222(1) of the Penal Code. For the law is settled, where the defence of provocation succeeds, the punishment for committing the offence under Section 221(a…