May 25, 2025
Legalpedia Citation: (2010) Legalpedia (SC) 67713 In the Supreme Court of Nigeria Fri Apr 30, 2010 Suit Number: SC. 372/2007 CORAM IKECHI FRANCIS OGBUAGU , JUSTICE, SUPREME […]
CORAM
IKECHI FRANCIS OGBUAGU , JUSTICE, SUPREME COURT
IKECHI FRANCIS OGBUAGU , JUSTICE, SUPREME COURT
IKECHI FRANCIS OGBUAGU,, JUSTICE, SUPREME COURT
IKECHI FRANCIS OGBUAGU , JUSTICE, SUPREME COURT
MAHMUD MOHAMMED , JUSTICE, SUPREME COURT
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE , JUSTICE, SUPREME COURT
IKECHI FRANCIS OGBUAGU , JUSTICE, SUPREME COURT
IKECHI FRANCIS OGBUAGU , JUSTICE, SUPREME COURT
PARTIES
OKON NSIBEHE EDOHO APPELLANTS
THE STATE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged with murder. At the trial court, he raised the defence of insanity through witchcraft. The trial court rejected his defence and found him guilty and sentenced him to death. He lost his appeal at the court of appeal. He has further appealed.
HELD
Appeal dismissed
ISSUES
1. Whether the lower court was justified in striking out the issue and argument on hearsay.?
2. Whether the lower court was justified in finding that the defences of insanity and provocation did not avail the accused person in this matter.?
RATIONES DECIDENDI
PROOF OF MURDER
It is incumbent on the prosecution to establish not only that the act of the accused person caused the death of the deceased but that in actual fact the deceased died as a result of the act of the accused person to the exclusion of all other possibilities. Per ADEKEYE J.S.C
DEFENCE TO MURDER.
Accidental death is a defence to murder. Per ADEKEYE J.S.C
DEFENCE OF INSANITY
In order to establish the defence of insanity, the defence must first show that the accused was at the relevant time suffering from either mental disease or from natural mental infirmity. Per ADEKEYE J.S.C
DISCRETION OF COURT TO ACCEPT MEDICAL REPORTS.
A written report by any medical officer or registered medical practitioner may at the discretion of the court be admitted in evidence for the purpose of proving the nature of any injuries received by and the physical cause of the death of any person who has been examined by him. Per ADEKEYE J.S.C
DEFENCE OF PROVOCATION: LIMITS.
For the act of provocation to avail an accused person the act complained of must occur on the spur of the moment and before there is time for passion to cool off. Per ADEKEYE J.S.C
DEFENCE OF PROVOCATION: DUTY OF ACCUSED PERSON.
In order to establish the defence of provocation it is the duty of the accused person to adduce credible and positive evidence to support the allegation of provocation. Per ADEKEYE J.S.C
CAPITAL PUNISHMENT: DUTY OF COURT.
In all cases attracting capital punishment, it is incumbent upon the trial court to consider all the defences put up by the accused person express or implied in the evidence before the court. Per ADEKEYE J.S.C
WHEN EVIDENCE OF PUBLIC OFFICERS. CAN BE GIVING IN THEIR ABSENCE
Section 34 (3) of the Evidence Act can be invoked to tender any evidence of a witness which is relevant to a subsequent judicial proceedings to ascertain the truth of the facts which it states, when the witness is dead and cannot be found, or is incapable of giving evidence, or is kept out by the adverse party or when the absence cannot be obtained without an amount of delay or expense which in the circumstance of the case the court considers unreasonable. Per ADEKEYE J.S.C
MEDICAL OFFICER NEED NOT TESTIFY AT TRIAL ON AUTOPSY.
It is not mandatory for a medical officer who performed an autopsy on a deceased to be present in court in order to give evidence during the trial. Per ADEKEYE J.S.C
CASES CITED
1. Isiekwe v. State (1999) 6 NWL pt. 617 pg. 43.
2. Ani v. The State (2003) 11 NWLR pt. 830 pg. 142.
3. Green v. Queen (1955) 15 WACA pg. 73.
4. R. V. Bramah (1945) 11 WACA pg. 49.
5. Onyia v. The State (2006) 11 NWLR pt. 991 pg. 267
STATUTES REFERRED TO
1. Evidence Act
2. Criminal Procedure Code