OLATAWURA, J.S.C. (Delivering the Leading Judgment): The appellant was charged with the murder of her daughter one Tomike Oladele contrary to S.316 (1) of the Criminal Code Law of Ondo State. This appeal raises once again the legal criteria for insanity. These are provided under section 28 of the Criminal Code Law of Ondo State to which I will refer later. Before considering these criteria, it will be appropriate to set down the facts on which the prosecution relied and also the events that led to this unfortunate case. The appellant got married to one Michael Oladele (P.W.3) in 1977 when she was about 20 years old. There were three children of the marriage: OLUWASEUN; CHRISTIANA and TOMIKE. It would appear that the marriage was not a happy one. It was not disclosed in evidence the cause of the breakdown of the marriage.
The appellant and her husband lived in Ondo town until she was sent packing by her husband in 1985. Before that time and according to the husband, the appellant, afte…