SOWEMIMO, J.S.C. (Delivering the Judgment of the Court):
The appellant was convicted of the offence of murder and sentenced to death by Inko-Tariah, J. on 27th June 1975, sitting at Court No. 2 at Port Harcourt in the Rivers State High Court. The appellant has appealed to this Court against the conviction on the following grounds which were argued by his counsel:-
“2. That learned trial Judge erred by findings that the defendant’s defence of insanity was not established when there is evidence supporting the said defence.
The decision of the learned trial Judge is unwarranted unfair and unreasonable having regard to the weight of evidence in Court.
Having regard to the evidence of witnesses for the defence of the appellant which raised a suspicion that the appellant is of sound mind the trial court ought to have complied with the provision of sections 223 and 224 of the Criminal Procedure Laws of Eastern Nigeria 1963, by investigating the un-soundness of mind of the Appellant. Failure of …