The Provocation by Witchcraft Defence in Anglophone Africa: Origins and Historical Development

Abstract

Provocation by witchcraft, a defence to a homicidal act supposedly perpetrated under the influence of belief in witchcraft and juju, has become a plea frequently invoked by witch-killers in many African countries, particularly those formerly colonized by Britain. Over the last century, the courts in Anglophone Africa have repeatedly been invited to address the question as to whether the belief in witchcraft and juju avails to an accused person the defence of grave provocation and, if so, under what conditions. Yet, very little is known about the origins and nature of this controversial legal defence, and the boundaries of its application remain murky. Drawing on a wide range of relevant academic literature, statutes and, more importantly, case law, the present study investigates the origins of the provocation by witchcraft plea and explores the historical development of this contentious defence, highlighting the extent to which the courts’ perspective on the scope of its application has evolved since the 1930s.