ALHAJI IMMAM N. ABUBAKRI & ORS & ORS VS ABUDU SMITH & ORS
August 15, 2025J.O. AMAWO & ANOR VS ATTORNEY-GENERAL NORTH CENTRAL STATE & 2 ORS
August 15, 2025Legalpedia Citation: (1973) Legalpedia (SC) 86389
In the Supreme Court of Nigeria
Wed Jun 27, 1973
Suit Number: SC. 70/1973
CORAM
ELIAS, CHIEF JUSTICE, NIGERIA
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
BABALAKIN,JUSTICE, SUPREME COURT
PARTIES
SILAS UKADIKE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant attached and killed a young boy and also viciously attacked his father sister and friend. He was convicted by the trial judge. His defence of insanity was rejected on appeal the, conviction was overturned.
HELD
The court held that there is overwhelming evidence of insanity and the judgment of Nwokedi is set aside and the appellant will be confined to a mental home.
ISSUES
Whether where there is preponderance of evidence of insanity the court can still convict
RATIONES DECIDENDI
WHETHER MERE ABSENCE OF MOTIVE CAN LEAD TO INFERENCE OF INSANITY
Mere absence of motive does not lead to an inference of insanity on the part of the accused person- per. Elias C.J.N.
CASES CITED
(i) Rex vs. Inyang 12 WACA p.7.
(ii) Rex vs. Dim 14 WACA 154
(iii) State vs. Iwuanyawu ENLR. 85.
(iv) R v. Omoni 12 WACA 511
(v) R.vs Onakpeya 4 FSC 150
(vi) R VS Edioru 14 WACA 158
(vii) R VS Inyang 12 WACA P.5
STATUTES REFERRED TO
(1) Criminal Procedure law SS 229 & 230
(2) Mental Deficiency Act 1913
