LAWRENCE ONYEKAONWU AND ORS VS EKWUBIRI AND ORS
September 2, 2025CONTINENTAL CHEMISTS LTD VS DR C.A IFEAKANDU
September 2, 2025Legalpedia Citation: (1966-01) Legalpedia 96180 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri Jan 14, 1966
Suit Number: SC 394/1965
CORAM
ADEMOLA CHIEF JUSTICE, NIGERIA
BRETT JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
IDIGBE JUSTICE, SUPREME COURT
PARTIES
TED KAYODE ADAMS
APPELLANTS
DIRECTOR OF PUBLIC PROSECUTIONS OF THE FEDERATION
RESPONDENTS
AREA(S) OF LAW
Criminal law- defence of insanity
SUMMARY OF FACTS
LASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The appellant was tried in the High Court of Lagos on a complaint (put briefly) that on the 8th June, 1965 at the University of Lagos, Surulere, with intent unlawfully to kill Dr Saburi Biobaku, he stabbed him with a sharp knife, an act likely to endanger human life, contrary to section 320(2) of the Criminal Code.
HELD
That the accused person ought to be confined in safe custody.
ISSUES
Whether the trial Court was right when the accused person was left to the public at large after being found that he was insane he committed the offence
RATIONES DECIDENDI
DEFENCE OF INSANITY
‘the word ‘incapacity’, read with section 28 of the Criminal Code, is wide enough to include all the three cases of incapacity stated in this section 28, namely (1) the defendant’s incapacity to understand what he is doing, or (2) his incapacity to control his actions, or (3) his incapacity to know that he ought not to do the act or make the omission. Anyone of those incapacities, if due to mental disease or natural mental infirmity, is enough for the defence of insanity which exonerates the defendant under the said section 28 and such person should not be discharged but recommended such accused person to a mental home.’-Per Bairamian, J.S.C
CASES CITED
STATUTES REFERRED TO
The Criminal Code
