OKPALA EZEOKONKWO V. NWAFOR OKEKE
June 18, 2025THE MINISTER OF PETROLEUM AND MINERAL RESOURCES & ANOR V EXPO-SHIPPING LINE (NIG.) LTD
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 81111
In the Supreme Court of Nigeria
Fri May 3, 2002
Suit Number: SC. 315/2001
CORAM
UWANI MUSA ABBA AJI
CHRISTOPHER MITCHELL CHUKWUMA-ENEH , JUSTICE, SUPREME COURT
EMMANUEL OLAYINKA AYOOLA, JUSTICE, SUPREME COURT
PARTIES
JOSEPHINE ANI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant, without any motive, murdered two children of her friend. There was no evidence of insanity
HELD
The court affirmed her conviction for murder by the lower courts.
ISSUES
Whether or not the lower court was right in affirming that the defence of insanity did not avail the appellant.
RATIONES DECIDENDI
PROOF OF INSANITY – ONUS ON ACCUSED
Where an accused pleads insanity, the onus is on him to produce evidence of insanity- Katsina- Alu J.S.C.
FACTORS CONSIDERED IN DETERMINATION OF SANITY
Insanity is primarily a question of fact to be determined by the trial court which ought to take into consideration each and every admissible piece of evidence tendered before it, including medical evidence, where available, together with the whole of the facts and surrounding circumstances of the case, particularly such vital facts like the nature of the killing, the conduct of the accused before, at and immediately after the killing and any past history of mental abnormality of the accused- Iguh J.S.C
ABSENCE OF MOTIVE; WHETHER PROOF OF INSANITY
Mere absence of any evidence of motive for the crime is not sufficient ground upon which to infer insanity – Katsina- Alu J.S.C.
CASES CITED
Majemu v. The State (2001) 9 NWLR (Pt. 718) 349; (2001) 6 SCM, 135R.v. Omoni 12 WACA 511. Udofia v. The State (1981) 11-12 SC 49R.v. Ashigifuwo 12 WACA 389Ayinde v. The Queen (1963) 1 ALL NLR 399
STATUTES REFERRED TO
The Criminal Code
