DEDUWA & ORS VS THE STATE
August 9, 2025THE STATE VS DR. MUHTARI KURA
August 9, 2025Legalpedia Citation: (1975) Legalpedia (SC) 68173
In the Supreme Court of Nigeria
Tue Feb 25, 1975
Suit Number: SC 151/1974
CORAM
TASLIM O. ELIAS, JUSTICE, SUPREME COURT
OGUNDARE, JUSTICE, SUPREME COURT
SIR UDO UDOMA, JUSTICE, SUPREME COURT
PARTIES
ASANI TAIWO & ORS 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
