JOHN C. OKAFOR VS BENDEL NEWSPAPERS CORPORATION & ANOR
July 11, 2025NALSA AND TEAM ASSOCIATES VS N.N.P.C.
July 11, 2025Legalpedia Citation: (11991-11) Legalpedia 24213 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Fri Nov 22, 1991
Suit Number: SC.21/1991
CORAM
A. KARIBI-WHYTE, JUSTICE SUPREME COURT
S. KAWU, JUSTICE SUPREME COURT
P.NNAEMEKA-AGU, JUSTICE SUPREME COURT
A.B WALl, JUSTICE SUPREME COURT
U. OMO, JUSTICE SUPREME COURT
PARTIES
JOHN IMO
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW- MURDER-INTOXICATION.
SUMMARY OF FACTS
The appellants was charge and convicted of murder.on appeal to the supreme court, he raised the defence of insanity and intoxication.
HELD
The court held that the appeal of the appellants lacks merit and it is accordingly dismissed.the defence of intoxication and insanity raised by the defence was rejected.
ISSUES
Whether having regard to the undisputed and admissible evidence adduced by the the prosecution ,the appellant who entitled to benefit from the provision to s.29 of the criminal code.
RATIONES DECIDENDI
THE DEFENCE OF INSANITY- WHAT CONSTITUTES
The defence of insanity does not rest with the ipse dixit of the accussed who raises it. An unsual or abnormal behavior does not itself constitute insanity Per Wali JSC.
THERE MUST BE EVIDENCE TO SUPPORT A DEFENCE
Alegal defence is usually not made by merely shouting it,there must be evidence to support such a defence-Per Irikefe JSC.
DRUNKENNESS, NOT A DEFENCE TO A CRIMINAL CHARGE
Prima facie drunkenness is not a defence to a criminal charge as every person of discretion is presumed to be sane and to have intended the natural consequences of his actions-Per Wali JSC.
CASES CITED
1. Egbe Nkanu vs The state [1980] 3-4 sc1.
2. Nwelebe vs The queen[19863]1sc NLR 311.
3. R VS Harber owerey 5 WACA 66.
4. R VS Majewski [1975]3 ALL ER 296.
5. R VS Oliver smith [1910] 6 cr APP.R.19.
6. IDOWU VS The state [1972] 1 ALL NWLR PAR 2 519
STATUTES REFERRED TO
1.Criminal code.
2. Evidence Act.
