O. SOLOMON & ORS. V A.R. MOGAJI & ORS
July 24, 2025JOHN OFUJE V THE STATE
July 24, 2025Legalpedia Citation: (1982) Legalpedia (SC) 81974
In the Supreme Court of Nigeria
Thu Oct 28, 1982
Suit Number: SC. 74/1981
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
NNAMANI, JUSTICE, SUPREME COURT
UWAIS, JUSTICE, SUPREME COURT
PARTIES
PATRICK OGHOME APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant said the deceased, a woman he had never seen before, was his wife and claimed that she deserted him a long time ago and that he has been searching for her. He then dragged her out of a vehicle in which both of them were travelling and beat her to death.
HELD
The Court held that the appeal is dismissed
ISSUES
Whether the Court below was right in dismissing the appeal?
RATIONES DECIDENDI
ONUS OF PROOF OF THE DEFENCE OF INSANITY
I am unable to accept the submission of counsel that there is any iota of evidence of insanity to entitle the appellant to the defence provided by Section 28 of the Criminal Code for the offence of murder committed by the appellant. The appellant failed to establish the defence. The onus is on him, A. O. OBASEKI, JSC
INSANE DELUSION NOT EQUIVALENT TO THE DEFENCE OF INSANITY
There is no doubt that the pain from the leg may have temporarily caused the delusion which afflicted him. Be that as it may, he is liable to the same extent as if what he believed in his state of delusion was in real life. A. O. OBASEKI, JSC
CASES CITED
Udofia v. The State (1981) 11 S.C. 49
Ngene Arum v. The State (1979) 11 S.C. 91.
Effiong Udofia v. The State (1981) 11 S.C. 49
STATUTES REFERRED TO
Criminal Code
