MADAM ALAKE AROYEWUN V. JOSEPH ADEBANJI
August 6, 2025JOE IGA & ORS V. CHIEF EZEKIEL AMAKIRI & ORS
August 6, 2025Legalpedia Citation: (1976) Legalpedia (SC) 31111
In the Supreme Court of Nigeria
Tue Nov 16, 1976
Suit Number: SC 17/1978
CORAM
OGUNDARE, JUSTICE, SUPREME COURT
MOHAMMED BELLO, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
ANDREWS O. OBASEKI , JUSTICE, SUPREME COURT
ANTHONY A. ANIAGOLU, JUSTICE, SUPREME COURT
PARTIES
NGENE ARUM APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was convicted at the High Court of the murder of one Aniagu Ugwu and sentenced to death. His appeal to the Court of Appeal against the conviction was dismissed. He further appealed to the Supreme Court.
HELD
The appeal was dismissed
ISSUES
Whether, on the evidence which the trial Judge accepted, he (the trial Judge) was right in finding as he did that the appellant was of sound mind at the time he killed the deceased.
Is there any excuse or justification for the appellants violent reaction to the delusions established by evidence, made manifest by the killing of the deceased?
RATIONES DECIDENDI
EFFECT OF DELUSION ON CRIMINAL RESPONSIBILITY
An accused person, notwithstanding the delusions to which he is subject, is still criminally responsible for his act or omission to the same extent as if the real state of things had been such as he was induced by the delusions to believe to exist.” Per A. FATAYI-WILLIAMS, JSC
SITUATIONS WHERE AN ACCUSED MIGHT BE EXEMPTED FROM PUNISHMENT FOR KILLING
“If an accused person, under the influence of his delusion, supposes that another man was going to kill him, and he then kills the man believing that he did so in self-defense, he would be exempted from punishment for the killing. But if his delusion was that the man had inflicted a serious injury to his character or his fortune, and he then kills him in revenge for such supposed injury, he would be liable to punishment for murder.” Per A. FATAYI-WILLIAMS, JSC
CASES CITED
None.
STATUTES REFERRED TO
None.
