(2001) JELR 39963 (SC)    

Supreme Court  ·  SC.190/2000 ·  4 May 2001 ·  Nigeria
Other Citations
Madjemu v State (2001) 9 NWLR (Pt.718) 349 (2001) 5 S.C (Pt.I) 84
Madjemu v. State (2001) 9 NWLR (Pt. 718) 349
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Core Terms Beta
defence of insanity
accused person
criminal code
exhibit c
trial court
natural mental infirmity
court of appeal
insane delusions
confessional statement
mental disease
relevant time
inspector alonge
learned trial judge
present case
circumstances of this case
criminal code of bendel state
decision of the trial court
admissibility of exhibit c
decision of the learned trial judge
deep smooth edged injury
injury cut
leading judgment
learned counsel
police station
right ear
16th day of july
abnormal act of the appellant
acceptance of the act
conclusion of the trial
control of the mind
correctness of contents of the written statement
effurun police station
evidence of pw1
examination of the evidence
fatal cuts
given situation
help of other members of the compound
high court of the defunct bendel state
laws of bendel state of nigeria
medical doctor
murder of his wife
natural infirmity of the mind of the appellant
provisions of the said section
rules of this court
such objection
total absence of evidence

WALI, J.S.C. (Delivering the Leading Judgment): The appellant. Daniel Madjemu was arraigned before the High Court of the defunct Bendel State sitting in Warri Judicial Division charged with the murder of his wife, Pancake Daniel on or about the 16th day of July, 1984 contrary to section 319 of the Criminal Code. He pleaded not guilty to the charge. At the conclusion of the trial. Omosun J. [as he then was] found him guilty, as charged and sentenced him to death by hanging.

Being dissatisfied with the decision of the trial court he appealed against it to the Court of Appeal, Benin Division, which dismissed the appeal and affirmed the conviction and sentence imposed on him. The appellant has now further appealed to this Court.

The facts involved are not in dispute and are therefore as follows:

The appellant and the deceased were husband and wife living at No. 6/7 Arubayi Street, Okumagba Layout, Warri. On the 16th of July 1984 the appellant and the deceased went to bed. Between the ho…

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