OLOYEDE AKINGBADE VS OYEYIPO ELEMOSHO
September 4, 2025PHILIP UPETIRE VS A. G WESTERN NIGERIA
September 4, 2025Legalpedia Citation: (1964-04) Legalpedia 64317 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Thu Apr 9, 1964
Suit Number: SC 526/1963
CORAM
BRETT JUSTICE, SUPREME COURT
TAYLOR JUSTICE, SUPREME COURT
BAIRAMIAN JUSTICE, SUPREME COURT
PARTIES
PAUL ELEDAN
APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW-MURDER
SUMMARY OF FACTS
The appellant was convicted and sentenced by the trial court for the offence of the murder of his wife
HELD
The court held that there was no sufficient reason for the trial Judge to suspect that the appellant might not be fit to take his trial; it was the only ground argued in his behalf, we thought there was no substance in it and dismissed the appeal.
ISSUES
Whether the accused was fit to plead and take his trial
RATIONES DECIDENDI
DEFENCE OF INSANITY
‘That existence of a medical certificate to the effect that an accused is fit to stand trial gives credence to the presumption of sanity’- BAIRAMIAN, J.S.C.
CASES CITED
1. R. v. Ogor [1961] All N.L.R., 70
STATUTES REFERRED TO
1. Criminal Procedure Act
