(1976) JELR 39701 (SC)    

Supreme Court  ·  SC.275/1975 ·  7 May 1976 ·  Nigeria
Other Citations
Abu v. State (1976) 5 S.C.12
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
unsound mind
defence of insanity
pool of blood
port harcourt
criminal procedure laws of eastern nigeria
failure of the trial court
fair trial of the appellant
trial court ought
trial judge
3.the decision of the learned trial judge
5th prosecution witness
army officers
corpse of the deceased woman
court no.
defence of the appellant
door of the apartment of the accused
electric cable
evidence of witnesses
finding of the learned trial judge
following grounds
grounds of appeal
g. s. sowemimo
high court
inko-tariah j
mr. j.a. cole
opinion of the doctor
portion of the statements
post mortem examination
provision of sections
result of cries of the deceased
rivers state
rivers state high court
said defence
said sections of the criminal procedure laws
squadron commander
sufficient evidence
unsoundness of mind of the appellant
weight of evidence

G. S. SOWEMIMO, J.S.C. (Delivering the Leading Judgment): The Appellant was convicted of the offence of murder and sentenced to death by Inko-Tariah J on 27th June 1975, sitting at Court No. 2 at Port Harcourt in the Rivers State High Court. The Appellant has appealed to this Court against the conviction on the following grounds which were argued by his counsel:-

"2.The learned trial judge erred by finding that the defence of insanity was not established when there is evidence supporting the said defence.

3.The decision of the learned trial judge is unwarranted unfair and unreasonable having regard to the weight of evidence in Court.

4. Having regard to the evidence of witnesses for the defence of the Appellant which raised a suspicion that the Appellant is of unsound mind the trial court ought to have complied with the provision of sections 223 and 224 of the Criminal Procedure Laws of Eastern Nigeria 1963, by investigating the unsoundness of mind of the Appellant. Failure of the tri…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login