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OGHOME
V.
THE STATE

(1982) JELR 46405 (SC)

Supreme Court 28 Oct 1982 Nigeria
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- Appeal against conviction for murder dismissed; evidence established delusion but not legal insanity under Section 28 of the Criminal Code. - Insane delusion, absent proof of total incapacity or lack of understanding, does not suffice to

Case Details

Suit Number:SC.74/1981
Judges: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
Counsel:Shola Rhodes, (with him, Miss C. E. Eguh) For Appellant G. E. Edokpayi, Deputy Solicitor-General, Bendel State For Respondent
Other Citations:OGHOME v. THE STATE (1982) 10 S.C. (REPRINT) 18

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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