BENEDICTO OLAYINKA JOACQUIM VS OLUWAKEMI JOACQUIM & ANOR
August 8, 2025JIMO OGUNLOYE & ORS VS YISA DUROSINMI & ORS
August 8, 2025Legalpedia Citation: (1975) Legalpedia (SC) 12117
In the Supreme Court of Nigeria
Fri Dec 5, 1975
Suit Number: SC. 51/1975
CORAM
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
MOHAMMED BELLO, JUSTICE, SUPREME COURT
MUHAMMADU L. UWAIS, JUSTICE, SUPREME COURT
PARTIES
OHAEGBULAM ONYEMA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was found guilty but insane by the trial court and he was ordered to be kept in the States Prisons at Aba as a Criminal Lunatic until the pleasure of the administrator of East Central State be known.
HELD
The Supreme Court allowed the appeal against conviction and altered the verdict to one of “Not Guilty by reason of the accused persons unsoundness of mind at the time he committed the act.”
ISSUES
Whether the verdict of guilty but Insane submitted was contrary to the provisions of the law
RATIONES DECIDENDI
DUTY OF COURT TO ADHERE TO PROVISIONS OF THE LAW
“We wish at this juncture to draw the attention of the lower court to the requirement of our law and the need to keep strictly to the terms of the provisions thereof. Since “Guilty but Insane” was never prescribed by our law, there can be no legal basis for the return of such a verdict on the appellant or any person tried by any of our courts.” Per OBASEKI AG., JSC
CASES CITED
STATUTES REFERRED TO
The Criminal Code Law
