(1984) JELR 46439 (SC)    

Supreme Court  ·  SC.25/1982 ·  12 Oct 1984 ·  Nigeria
ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria BOONYAMIN OLADIRAN KAZEEM Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria
Core Terms Beta
conviction of the appellant
learned trial judge
evidence of 2pw
decision of the court of appeal
evidence of dr. aboderin
criminal procedure act
court of appeal
positive evidence of insanity
ibadan judicial division of oyo state
relevant sections
reason of the unsoundness of mind
said adeola salimonu
specific points
submissions of both counsel
mental health
facts of the case
ipse dixit of the accused person
medical examination
record shows
examination of the appellant
state of mind of the appellant
grounds of appeal
r v omani
view of the observations of the demeanours
chief debo akande
leave of this court
following day
accused person
defence of insanity
leading judgment
pieces of evidence
behalf of the appellant
criminal procedure act talk
additional ground of appeal
persons of unsound mind
western nigeria
strength of the said reasons
medical officer
prosecution witnesses
criminal code cap
fact of such unsoundness of mind
contrary evidence
unsound mind
prison doctor
insane delusion
second point
inter alia

KAWU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal which affirmed the conviction of the appellant and the sentence of death passed on him on the 1st day of February, 1977 by Ayorinde J, sitting at Ibadan in the Ibadan Judicial Division of Oyo State for the murder of one Adeola Sallrnonu, also known as Adeola Abeje.

The facts of the case were not in dispute and these were contained in the evidence of 2PW who was the deceased's landlord at the time. The relevant portion of 2PW's testimony is as follows:-

"On the 16th June, 19771 went to bed at about 10.00 p.m. About 12 midnight, a noise woke me up. It was one Adeola Abeje otherwise known as Adeola Salimanu, who was making the noise. She was crying 'save me' 'save me' from the first room on the right of my house where she was sleeping. I rose from the bed and ran to the direction of where Adeola Salimonu was. The door of Adeola Salimonu's room was shut. I pushed the door open wit…

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