CLARK EJUREN VS COMMISSIONER OF POLICE
September 8, 2025GIREMABE CHIMORA VS BORNU NATIVE AUTHORITY
September 8, 2025Legalpedia Citation: (1961-08) Legalpedia 68823 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Aug 11, 1961
Suit Number: SC. 215/1960
CORAM
ADEMOLA, JUSTICE SUPREME COURT
UNSWORTH , JUSTICE SUPREME COURT
PARTIES
APPELLANTS
THE QUEEN
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
CRIMINAL LAW – DEFENCE OF INSANITY AND PROVOCATION
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The appellant stated he killed the deceased because she told him that he was not the father of the child she was carrying. He had earlier told the police he killed the deceased because he was insane.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that the defence of insanity was not made out and that the appellant was rightly convicted of murder.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the appellant was rightly convicted of murder.
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
CONDUCTS THAT DO NOT WARRANT PROVOCATION.
‘A confession of adultery without more is not sufficient to reduce a charge which would otherwise be murder to manslaughter.’ Per Hurley, C.J.N.R
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
