Section 318 of the Criminal Code provides as follows:
318. Where a person unlawfully kills another in circumstances which, but for the provisions of this section would constitute murder, does the act which causes death in the heat of passion caused by grave and sudden provocation, and before there is time for his passion to cool, he is guilty of manslaughter only."
Thus, that where the elements of the offence of murder are established but the evidence shows that the act of the accused that resulted in the death of the deceased was done in circumstances of extreme provocation and before passion had time to cool, the appellant may be convicted of the lesser charge of manslaughter. It must be established that the wrongful act or insult was of such a nature as when done to an ordinary person is likely (a) to deprive him of the power of self-control and (b) to induce him to assault the person by whom the act or insult is done or offered. See: Njokwu Vs The State (2013) 9 NWLR (Pt.1360) 417; Queen Vs Afonja 15 WACA 26 @ 27; Obaji v. The State (1965) 1 ANLR 282; Famakinwa v. The State (2016) LPELR-40104 (SC) @ 16 17 D A.
The law is settled that self- defence will only be a successful or complete defence to the charge of murder or manslaughter where the accused person reacted spontaneously to an unprovoked attack. See: Chukwu v. State(1992) 1 NWLR (PT. 217) 255; Kim v. State (1992) 4 NWLR (Pt. 233) 17 at 49; Duru v. State (1993) 3 NWLR (Pt. 281) 283 at 292 293; Baridam v. State (1994) 1 NWLR (Pt. 302) 262.
To secure conviction for the offence of manslaughter under Section 317 of the Criminal Code, Cap C17 Laws of Lagos State 2004, punishable under Section 325 of the same code the appellant has been convicted and sentenced for by the lower Court, all the respondent needs to prove is the unintended and unlawful act of the accused which harmed the deceased and caused his death. See Yisawa Shosimbo v. The State (1974) LPELR-3066 (SC), Akpabio V. State (1994) 7 NWLR (Pt. 359) 635 and Adebiyi Famakinwa v. The State (2016) LPELR-40104 (SC).
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