Ratio Decidendi



OGHOME
V.
THE STATE

(1982) JELR 46405 (SC)    

Supreme Court  ·  SC.74/1981 ·  28 Oct 1982 ·  Nigeria
 · 
Other Citations
OGHOME v. THE STATE (1982) 10 S.C. (REPRINT) 18
CORAM
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
appeal
criminal code
jsc
state
case
defence
evidence
learned trial judge
taxi
view
defence of insanity
delusions
court
federal court of appeal
high court
submission
a. nnamani
a. o. obaseki
appellant's counsel
case of insane delusions
c. idigbe
cold act of murder
decision
decision of the learned trial judge
entire evidence
favour of the appellant
form of delusion
foundation of facts
g. s. sowemimo
iota of evidence of insanity
leaned trial judge
learned counsel
learned deputy solicitor-general
legal justification
long time
lordships of the court of appeal
mental condition
m. l. uwais
mortem shows
possible insanity
reaction of the appellant
real healthy state of mind
real life
record of proceedings
records of proceedings
second limit of section
serious injuries
taxi cab
taxi en route agbor

G. S. SOWEMIMO, JSC (Delivering the Leading Judgment): This is a cold act of murder. The appellant acted on some form of delusion in inflicting very serious injuries on the deceased. He has no defence whatsoever. The appellant's counsel's submission on possible insanity is without foundation of facts and law. There is no merit whatsoever in this appeal. Counsel for the respondent is not being called upon. The appeal is dismissed.

C. IDIGBE, JSC: I have read carefully the record of proceedings in this case, and after listening to the argument urged in favour of the appellant by the learned counsel appearing for him, I found it unnecessary to entertain or hear any submission from the learned Deputy Solicitor-General appearing for the respondent. I find no redeeming features in the case for the appellant. The facts produced in evidence by the prosecution make it quite clear that as decided by this court in Ngene Arum v. The State (1979) 11 S.C. 91-34, the case, at best, falls within the …

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