ALHAJI CHIEF YEKINI OTAPO & ORS. VS CHIEF R. O. SUNMONU & ORS
July 21, 2025CHIEF EBENEZER AWOTE & ORS VS SUNMOLA KADIRI OWODUNNI & ANOR
July 21, 2025Legalpedia Citation: (1987) Legalpedia (SC) 94619
In the Supreme Court of Nigeria
Fri May 15, 1987
Suit Number: SC. 117/1986
CORAM
KAYODE ESO JUSTICE, SUPREME COURT
E. O. AYOOLA JUSTICE, SUPREME COURT
SAIDU KAWU JUSTICE, SUPREME COURT
SOWEMIMO, CHIEF JUSTICE NIGERIA
ADOLPHUS G. KARIBI-WHYT, JUSTICE, SUPREME COURT
PARTIES
MICHEAL AIWORO
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINALPRACTICE AND PROCEDURE – EVIDENCE LAW
SUMMARY OF FACTS
The appellant was convicted for murder and sentenced to death at the High Court Justice, Bendel State sitting at Benin-City. An appeal at the Court of Appeal, Benin-City was also dismissed, hence this present appeal to this Court.
HELD
Dismissing the Appeal
ISSUES
None.
RATIONES DECIDENDI
DEFENCE OF INSANITY
It will be a dangerous trend indeed for a Court to lay it down as a 1 principle that every time it pleases a man to commit a heinous crime such as this, 30 it will be enough to exonerate him from the consequences by saying that he was “mad” or insane because he had taken one form of narcotic or the other which deprived him of ability to know that what he did was wrong, without calling sufficient credible corroborative evidence to support his own assertion. Section 140(1) of the evidence Law places the burden on him to lead such evidence; and if he fails to do so, he must face the natural consequences of his own action. Per Kazeem JSC
CASES CITED
Ngene Arum v. The State (1979) 11 S.C. 91
Egbe Nkanu v. The State (1980) 3 & 4 S.C. 1
Udofia v. The State (1981) 11 -12 S.C. 49
STATUTES REFERRED TO
Criminal Code of Bendel State
Evidence Law
