KARIBI-WHYTE, JSC (Delivering the Leading Judgment): On the 27th August 1984 when this appeal was argued, before us, I dismissed it and indicated that I shall give reasons for doing so today. This I now proceed to do.
The points raised in this appeal are by no means new. They have been decided in this Court in several cases even recently. A considered judgment became necessary when Mr. Akinrinsola, learned counsel for the appellant in his brief urged that on the law as he understands it, the defences of insanity and insane delusion were available to the appellant, and that on the facts of the case as found by the learned trial judge which the Court of Appeal accepted, these defences have not been properly considered. Mr. Y.A Akande, the learned Director of Public Prosecutions, Oyo State did not share this view; and in his brief and also in argument before us, submitted that the defence of insanity was not on the facts available to the appellant and that both the trial court and the C…