DR OSADAYI OSAMWONYI VS ITOHAN OSARIERE OSAMWONYI
August 16, 2025GODWIN ETUK UDO VS THE STATE
August 16, 2025Legalpedia Citation: (1972) Legalpedia (SC) 22115
In the Supreme Court of Nigeria
Fri Sep 29, 1972
Suit Number: SC. 197/71
CORAM
LEWIS JUSTICE SUPREME COURT
COKER JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
ASUQUO ANA INYANG APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant was convicted of the murder of one Kokoma Ebiemi on the 4th September, 1970 and sentenced to death by Koofrey, J., on 2nd August, 1971 at the Calabar High Court. The appeal against the conviction was heard on 14th August, 1972 and dismissed.
HELD
No evidence has been led either directly or by inference to establish the defence of insanity.
ISSUES
Whether the defence of insanity can avail the accused person?
RATIONES DECIDENDI
BURDEN OF ESTABLISHING A DEFENCE ON THE GROUND OF INSANITY
The burden of establishing a defence on the ground of insanity rests on the accused. The burden placed on an accused charged with a criminal offence shall be deemed to be discharged if the court is satisfied by evidence given by the prosecution whether on cross-examination or otherwise, that such circumstances in fact exist. -Per George S. Sowemimo, JSC
WHEN A DEFENCE OF INSANITY IS RAISED
When a defence of insanity is raised, is whether an accused person at the time of the commission of an act or making an omission is in such a state of mental disease or natural mental infirmity as to deprive him of capacity to understand what he is doing or of capacity to control his actions, or of capacity to know that he ought not to do the act or make the omission. -Per George S. Sowemimo, JSC
CASES CITED
Mathew Onakpowa v The Queen (1959) 4 FSC page 150
Regina v Yayiye of Kadi Kadi 1957 NRNLR page 207
Rex v Ashigifuwo 12 WACA page 389
Williams Echen v The Queen 14 WACA page 158
STATUTES REFERRED TO
Criminal Code
Evidence Law of the former Eastern Nigeria
