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PETER ABU V. THE STATE

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PETER ABU V. THE STATE

Legalpedia Citation: (1976) Legalpedia (SC) 78107

In the Supreme Court of Nigeria

Thu May 27, 1976

Suit Number: SC. 275/1975

CORAM


SOWEMIMO, JUSTICE, SUPREME COURT

IRIKEFE, JUSTICE, SUPREME COURT

OBASEKI, JUSTICE, SUPREME COURT


PARTIES


PETER ABU APPELLANTS


RESPONDENTS


AREA(S) OF LAW



SUMMARY OF FACTS

Appellant, a christian, was the husband of the deceased who was a moslem. There was a quarrel in their apartment. For some reasons the appellant went into the room, picked up a matchet, attacked and killed the deceased. He thereafter tied electric cable around his neck and fixed on to the ceiling. He pleaded insanity.


HELD


The court held that the defence of insanity is would not avail the appellant as he sufficiently described the reason and manner with which he killed the deceased to the police.


ISSUES


1. Whether the defence of insanity was proved in which case a special verdict should have been returned.


RATIONES DECIDENDI


OFFENCE OF CULPABLE HOMICIDE


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CASES CITED


Queen v. Ogor (1961) All NLR 70


STATUTES REFERRED TO


Criminal Procedure Law


CLICK HERE TO READ FULL JUDGMENT

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