PETER ABU
V.
THE STATE

(1976) JELR 62354 (SC)    
Supreme Court  ·  SC 275/1975 ·  27 May 1976 ·  Nigeria
 · 
Other Citations
(1976) 5 S.C.12
CORAM
SOWEMIMO, J.S.C. IRIKEFE, J.S.C. OBASEKI, J.S.C.
Core Terms Beta
appellant
counsel
learned trial judge
ground
pool of blood
reasons
statement
unsound mind
appeal
port harcourt
defence of insanity
evidence
facts
failure of the trial court
fair trial of the appellant
first instance
trial court ought
trial judge
5th prosecution witness
air-force base
army officers
corpse of the deceased woman
court no.
criminal procedure laws of eastern nigeria
death
decision of the learned trial judge
defence of the appellant
defendant’s defence
door of the apartment of the accused
evidence of witnesses
finding of the learned trial judge
following grounds
grounds of appeal
high court
judgment of the court
mr. j. a. cole
opinion of the doctor
portion of the statements
post mortem examination
provision of sections
result of cries of the deceased
rivers state
rivers state high court
said defence
said sections of the criminal procedure laws
sound mind
squadron commander
sufficient evidence
un-soundness of mind of the appellant
weight of evidence

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 …

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