Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OVIEFUS
V.
THE STATE

(1984) JELR 46456 (SC)    

Supreme Court  ·  SC.74/1983 ·  19 Oct 1984 ·  Nigeria
CORAM
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
evidence
learned trial judge
court
court of appeal
wife agnes
defence of insanity
appeal
time of the commission of the offence
criminal code
grounds of appeal
exhibit b
oral evidence
defence of delusion
mr. akinrinsola
trial court
exhibit s
insane delusion
issue of delusion
second paragraph
first paragraph of section
issue of self-defence
oyo state
peter adeyale olympus
3rd grounds
accused person
brief of counsel
circumstances of the appellant
clear understanding of the issues
confines of the correct answers
considered judgment
defence of the appellant
defences of insanity
effect of such finding
evidence of the mental condition of appellant
facts of the case
findings of facts
following manner
laws of the former western region
leading judgment
learned director of public prosecutions
mental state
murder of his wife
oshogbo state hospital
prohibited act results
related issues
statement exhibit b
time of the offence
voluntary act
voluntary statement

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…

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