A. O. OBASEKI, J.S.C. (Delivering the Leading Judgment): This appeal against the decision of the Federal Court of Appeal (affirming the conviction of the appellant and sentence of death on him for the murder of his girlfriend, Atim Nyaraowo entered and passed by the High Court of the Cross River State Umoh, J., on the 31st day of May, 1976), was heard by this court on the 29th day of October, 1981. After hearing the submissions of the appellant's counsel we decided not to call on the respondent's counsel, for his submissions, dismissed the appeal for lack of merit and fixed delivery of Reasons for the Judgment for today. I shall now proceed to give my reasons.
The main question raised in the briefs filed was whether the defence of insanity was established by the evidence before the court to entitle the appellant to an acquittal of the offence of murder although not to a discharge from detention. A subsidiary question is whether the prosecution has any duty in law to produce the wife a…