CORAM

A.B. WALI

OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT

A.I. IGUH

ABUBAKAR BASHIR WALL JUSTICE, SUPREME COURT

U.A. KALGO

PARTIES

DANIEL MADJEMU APPELLANTS

THE STATE RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant was arraigned before the High Court of the defunct Bendel State, charged with the murder of his wife, contrary to section 319 of the Criminal Code. He pleaded not guilty to the charge. At the conclusion of the trial, he was found guilty, as charged and sentenced to death by hanging, dissatisfied with the judgment hence the appeal.

HELD

There is total lack of evidence of insanity or insane delusion offered by the appellant in this case, and failure by the defence to adduce such evidence is in my opinion, enough to deprive the appellant of the defence under section 28 of the Criminal Code.

ISSUES

(1) whether from the evidence and circumstances of this case, the defence of insanity was established and available to the Appellant. (2) whether the Court of Appeal was right when it affirmed the decision of the learned trial Judge that it was not necessary to conduct a trial within trial before admitting the Appellant’s confessional statement in evidence when the appellant merely denied that he wrote the said confessional statement.”

RATIONES DECIDENDI

CASES CITED

Hill v. Baxter (1958) 1 AII ER 193|Nwuzoke v. The State (1988) 2 SCNJ 344 at 346|Nkanu v. The State (1980) NS CC 114 at 117

STATUTES REFERRED TO

Section 28 of the Criminal Code|Section 319 of the Criminal Code|

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