PHILIP OBIORA v. PAUL OSELE
July 17, 2025GILBERT ONWUKA & ORS VS MICHAEL EDIALA & ORS
July 17, 2025Legalpedia Citation: (1989-01) Legalpedia (SC) 41371
In the Supreme Court of Nigeria
Fri Jan 20, 1989
Suit Number: SC 3/1988
CORAM
UWAIS JUSTICE, SUPREME COURT
WALTER SAMUEL NKANU ONNOGHEN, JUSTICE, COURT OF APPEAL
WALI JUSTICE, SUPREME COURT
CRAIG JUSTICE, SUPREME COURT
PARTIES
ISHOLA KARIMU
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW – DEFENCE OF INSANITY
SUMMARY OF FACTS
The appellant, who had a history of mental illness from the evidence given by the prosecution witnesses, killed his mother with a machete. He did not give evidence at trial. ?
HELD
The court allowed the appeal, quashing the conviction of the appellant and entering a judgment of acquittal by reason of insanity. ?
ISSUES
1. Whether the learned trial judge misdirected himself when he held that there was no evidence before him which established that at the time of committing the offence charged, the appellant was insane.
2. Whether the learned trial judge adequately and properly considered the defence of insanity raised by the appellant pursuant to section 28 of the Criminal Code, Cap. 29 of Volume 2 of the Laws of Ogun State, 1978.
3. Whether the Court of Appeal was right in upholding the decision of the learned trial judge that the defence of insanity had not been proved by the appellant
RATIONES DECIDENDI
DEFENCE OF INSANITY: DETERMINATION OF INSANITY IS A QUESTION OF FACT.
The question whether an accused who sets up a defence of insanity is in fact insane is a question of fact to be determined y the trial judge. In determining the defence, the trial judge is enjoined to take into consideration any admissible medical evidence and the whole of the facts and the surrounding circumstances of the case, which will include the nature of the killing, the conduct of the accused before, at the time of as well as after the killing and any history of mental abnormality – Ademola J.S.C
CASES CITED
1. R. v. Inyang, 12 W.A.C.A. 5 at p.7;
2. Walton v. The Queen, (1978) A.C. 788 (P.D.) at p. 793; (1978) 66 C.A.R. 25;
3. James Anyim v. The State, (1983) 1 S.C.N.L.R. 370 at p. 377?
STATUTES REFERRED TO
The Criminal Code?
