OWONIBOYS TECHNICAL SERVICES LTD. VS JOHN HOLT LIMITED
July 11, 2025JOSEPH OSEMWEGIE IDEHEN & ORS. VS GEORGE OTUTU IDEHEN & ORS.
July 11, 2025Legalpedia Citation: (1991) Legalpedia (SC) 13131
In the Supreme Court of Nigeria
Fri Jul 19, 1991
Suit Number: SC. 97/1990
CORAM
MUHAMMED LAWAL UWAIS, CHIEF JUSTICE, NIGERIA
MAHMUD MOHAMMED
KARIBI-WHYTE,JUSTICE, SUPREME COURT
AKPATA JUSTICE, SUPREME COURT
NNAEMEKA-AGU JUSTICE, SUPREME COURT
PARTIES
ANTHONY EJINIMA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appeal is against the conviction of the appellant for the offence of murder of his 3 children. He pleaded insanity and delusion. His defence was rejected and was sentenced to death. He unsuccessfully appealed to the court of appeal and now to the Supreme Court.
HELD
Appeal Dismissed.
ISSUES
Whether the defences of insanity and insane delusion raised by the appellant had been properly considered and rightly rejected by the trial court and the Court of Appeal?
RATIONES DECIDENDI
WHEN THE DEFENCE OF INSANITY WILL AVAIL AN ACCUSED
“It is now trite law that the defence of insanity can only avail the accused if he can show that he was insane at the time he committed the act”.
WHEN THE DEFENCE OF INSANITY WILL AVAIL AN ACCUSED
“Before the defence of insanity based on delusion can be of any avail to an accused person, the reaction of the accused person to the state of things as believed by him must be such that it could be regarded as legitimate and natural reaction to such a state of things”.
CASES CITED
1. Sanusi v. The State (1984) 10 S.C.166.2. Onyekwe v. The State (1988) 1 NWLR (pt. 72) 565.3. Ngene Arum v. The State (1979) 11 S.C. 91.4. Egbe Nkanu v. The State (1980) 3-4 S.C. 1.5. Effiong Udofia v The State (1984) 11-12 S.C. 49.6. M.A. Sanusi v The State (1984) 10 S.C. 166.
STATUTES REFERRED TO
1. Criminal Code Cap. 30 Volume 2 Laws of Eastern Nigeria, 1963?
