(1973) JELR 45932 (SC)    

Supreme Court  ·  SC.176/72 ·  28 Nov 1973 ·  Nigeria
Other Citations
OJO v. THE STATE (1973) 11 S.C. (REPRINT) 199
TASLIM OLAWALE ELIAS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria DANIEL O. IBEKWE Justice of The Supreme Court of Nigeria
Core Terms Beta
learned trial judge
partial delusion
defence of the accused
lower court
adequate proof of such defences
aid of the lamp
criminal code
defence of partial delusion
hearing of the appeal
midwestern state
african court of appeal reports
appeal court
brutality of his matricidal act
criminal effects
cunning person
defence of delusion
defences of accident
extra-ordinary circumstance
fact of the killing
facts of this case
finding of the learned trial judge
grounds of appeal
g. s. sowemimo
high court auchi
leading judgment
mistaken belief
possible defence
prosecution witnesses
provisions of paragraph
review of the evidence
said phillip dim
specific matter
state of mental disease
such defence
trial court
view of the fact
village head
wicked mind
witness of truth

G. S. SOWEMIMO, J.S.C (Delivering the Leading Judgment): The appellant, who was the accused in charge No. HAU/10/72 before the High Court Auchi, in the Midwestern State, was convicted of the charge of unlawfully killing his mother and sentenced to death on 19th May, 1972. He has appealed to this court against his conviction.

At the hearing of the appeal only two out of the six grounds of appeal filed were argued before us. They are:-

"5. That the prosecution having failed to rebut the defence of delusion, hallucination and dissolution, the learned trial Judge erred in rejecting these defences and for their criminal effects on the defences of accident, mistake and extraordinary emergency.

"6. In view of the fact that defence of the accused is that of partial delusion the learned trial Judge was wrong in law in not properly directing his mind to the provisions of paragraph 2 of Section 26 of the Criminal Code and thereby occasioned a miscarriage of justice."

The fact of the killing is n…

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