Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



GUOBADIA
V.
STATE

(2004) JELR 50946 (SC)    

Supreme Court  ·  SC.295/2002 ·  20 Feb 2004 ·  Nigeria
 · 
Other Citations
(2004) 6 NWLR (pt 869)360
Guobadia v, State (2004) 6 NWLR (Pt.869)360 (2004) 2 S.C. (Pt II) 1 (2004) 17 NSCQR 222
Guobadia v, State (2004) 6 NWLR (Pt.869)360 (2004) 2 S.C. (Pt II) 1 (2004) 17 NSCQR 222
Guobadia v. State (2004) 6 NWLR (Pt. 869) 360
CORAM
IDRIS LEGBO KUTIGI, JSC (Presided) ALOYSIUS IYORGYER KATSINA-ALU, JSC UMARU ATU KALGO, JSC SAMSON ODEMWINGIE UWAIFO, JSC DENNIS ONYEJIFE EDOZIE, JSC (Read the Lead Judgment)

Ratio Decidendi

Core Terms Beta
appellant augustine guobadia
benin high court
act of the appellant
evidence of pw2
learned trial judge
defence of insanity
actual age of the appellant
state of the overwhelming evidence
laws of bendel state of nigeria
evidence of pw3
benin division of the court of appeal
accused person
appellant of murder
learned trial judge ought
appellant’s age
death sentence
time of the commission of the offence
court of appeal
exhibit b
high court
criminal code
defence of insanity avail
years of age
trial of the appellant
lead judgment
mental problem
evidence
insane delusion
trial court
main plank of the appeal
death of the deceased
old half brother
nearby village
evidence of the investigating police officer
cross-examination
appeal
such mental disorder
appeal court
trial
form of mental disorder
similar issues
brief of argument
following cases
father of the appellant
emotional reaction
sound mind
consultant psychiatrist dr. malomo
person
court
evidence of the appellant

EDOZIE, JSC (Delivering the Lead Judgment): The appellant Augustine Guobadia was charged before the Benin High Court for the murder on 5th February. 1987 of his two year old half brother, Osazuwamen, an offence punishable under section 319(1) of the Criminal Code, Cap. 48 Vol. 11, Laws of Bendel State of Nigeria, 1976. At the trial in which six witnesses testified for the prosecution, the fact that the act of the appellant caused the death of the deceased was not contested. Indeed, both in his statement to the Police, exhibit B, and his evidence in court the appellant confessed to killing the deceased. What was canvassed on his behalf was the defence of insanity. But the learned trial Judge, Obi J, in his judgment of 29th July, 1988 exhaustively considered that defence and in rejecting it, he convicted the appellant of murder and passed a death sentence on him.

On appeal by the appellant to the Benin Division of the Court of Appeal, the main plank of the appeal was that the learned t…

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