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

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…

GUOBADIA V. STATE

GUOBADIA
V.
STATE