ILIYASU UMAR VS BAYERO UNIVERSITY, KANO
July 17, 2025E. SAPARA VS UNIVERSITY COLLEGE HOSPITAL BOARD OF MANAGEMENT
July 17, 2025Legalpedia Citation: (1988-07) Legalpedia (SC) 19147
In the Supreme Court of Nigeria
Fri Jul 8, 1988
Suit Number: SC 178/1986
CORAM
A.I. KATSINA-ALU , JUSTICE, SUPREME COURT
E.O. OGUWEGBU – JUSTICE SUPREME COURT
IBEKWE A.G. JUSTICE, SUPREME COURT
WALl JUSTICE SUPREME COURT
AGBAJE JUSTICE SUPREME COURT
PARTIES
YAKUBU KURE
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CULPABLE HOMICIDE-UNSOUNDNESS OF MIND
SUMMARY OF FACTS
The appellants sought an order of the court acquitting him of the offence of culpable homicide by reason of unsoundness of mind.
HELD
The Court held that statement of the appellant that he did not know what he did became relevant when taken along with the evidence of his detention at the psychiatric hospital for three months and made the defence of insanity available to the appellant under section 51 of the Penal Code Cap. 89 Laws of Northern Nigeria. The proceedings that took place in the Magistrates Court should have been placed before the trial Judge
ISSUES
Whether on the evidence before the court, the defence of insanity under section 51 of the Penal Code was established and available to the appellant
RATIONES DECIDENDI
WHAT A JUDGE OUGHT TO DO WHEN DEFENCE OF INSNITY IS RAISED.
In insanity cases, it is not sufficient for the Judge to consider only the behaviour of the accused before the incident. He must consider his behaviour at the time of the incident and after the incident. – A.O. OBASEKI, JSC
CASES CITED
1. R. v. Casey SC Cr. App. R. 91, (92).
2. Smith (Oliver) (1910) 6 Cr. App. R. 19
3. Ngene Arum v. The State (1979) 11 SC. (Reprint) 58; (1979) 11 SC. 109
4. Johnny Loke v. The State (1985) 1 SC. 1.
5. Egbe Nkanu v. The State (1980) 3-4 SC. (Reprint) 1; (1980) 3-4 SC. 1.
6. E. Udotia v. The State (1981) 11-12 SC. (Reprint) 33; (1981) 11-12 SC. 49 at 60-61
7. R. v. Omoni 12 WACA 511 at 512 and 513
8. State v. Numa Madu & Anor. (1976-7) NNLR 153 at 157
STATUTES REFERRED TO
1. Penal Code Cap 89 vol. 3 Laws of Northern Nigeria 1963
2. Evidence Act Cap. 62 Vol. 2 Laws of the Federation of Nigeria 1958.
