LAYUNJU VS EMMANUEL ARAOYE
September 8, 2025OKUPE M. A. VS G. O. LAJA
September 8, 2025Legalpedia Citation: (1961-03) Legalpedia 39250 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Thu Mar 16, 1961
Suit Number: SC. 330/1960
CORAM
BRETT, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
THE QUEEN
RESPONDENTS
AREA(S) OF LAW
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
CRIMINAL LAW AND PROCEDURE- INSANITY-EVIDENCE
SUMMARY OF FACTS
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The appellant was tried and convicted despite a medical certificate to the effect that he was of unsound mind and incompetent to stand trial. The trial court had relied on the statement of counsel that he was competent to stand trial.
HELD
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The court held that the lower court ought to have called evidence to establish whether or not the appellant was competent to stand trial and accordingly order a retrial.
ISSUES
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Whether the conviction of the appellant could stand in view of the medical certificate to the effect that he was of unsound mind incompetent to stand trial.
RATIONES DECIDENDI
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
PRESUMPTION OF SANITY OF ACCUSED PERSONS
‘It is a cardinal principle of our criminal law that no man may be brought to trial on any criminal charge unless and until he is mentally capable fairly of standing his trial. There is a presumption of sanity, but it may be displaced or put in doubt by evidence.’ Per Bairamian F.J
CASES CITED
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
Podola, 1959, 3 All E.R. 418
STATUTES REFERRED TO
ALASAN BABATUNDE, AJAGUNNA II OLUKARE OF IKARE VS GOVERNOR, WESTERN REGION 1960 FSC 207/1959 [1960] NSCC 41
The Criminal Procedure Ordinance
