THE STATE VS BABANGIDA JOHN

CORAM

Mary Ukaego Peter-Odili Justice of the Supreme Court of Nigeria

UMARU ATU KALGO, JUSTICE, SUPREME COURT.

IBRAHIM TANKO MUHAMMED    JUSTICE,  SUPREME COURT

PARTIES

THE STATE APPELLANTS

BABANGIDA JOHN RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

SUMMARY OF FACTS
The trial court sitting in kwara state, in its judgment delivered on the 1st day of June, 2010 convicted the Respondent for the offence of culpable homicide punishable with death under section 221 of the penal code but exercised its discretion in sentencing him to 14 years imprisonment. On appeal, the judgment was reversed by the court of Appeal on the ground of the insanity of the Respondent, which ground of insanity was raised suo motu by the appellate Court. The Supreme Court set aside the judgment of the Court of Appeal; affirmed the judgment of the trial Court but in compliance with Section 221 of the penal code, sentenced the Respondent to death given the fact that the instant case did not fall under the exceptions contemplated under Section 222 of the penal code.

HELD

Appeal succeeds

ISSUES

Whether the lower court was right to have held that the defence of insanity avails the accused/respondent. Whether the lower court was right to have held that the prosecution did not prove the essential ingredients of the offence of culpable homicide.

RATIONES DECIDENDI

CASES CITED

Arisa v. State 1988 3NWLR pt.83 P386|Emeryi v. State 1973 3SC p.215|Idowu v, State 1972 SC pg10|Lori v. State 1980 8-11SC p.81|Ojo v. State 1973 USC p331|Queen v. Yaro Biu l964 NNLR P.45

STATUTES REFERRED TO

Criminal Code|Evidence Act|Penal Code|

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