(1981) JELR 46376 (SC)    

Supreme Court  ·  SC.9/1979 ·  27 Nov 1981 ·  Nigeria
Other Citations
UDOFIA v. THE STATE (1981) 11-12 S.C. (REPRINT) 33
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria
Core Terms Beta
accused person
learned trial judge
defence of insanity
mother of the appellant
criminal liability
criminal responsibility
insane delusions
native doctor
real state of things
decision of the federal court of appeal
insane delusion
accused of criminal responsibility
a. o. obaseki
aspect of the delusion
burden lies
conviction of the appellant
criminal code of the various southern states
criminal code section
criminal responsibility of an accused person
delivery of reasons
evidence of any violence
evidence of the accused
false impression
following words
hamlyn pocket medical dictionary
high court
laws of northern nigeria
laws of the federation
leading judgment
main question
married man
medical science
mental breakdown
mental health condition of the appellant.the facts
mental illness
mental state of the accused person
northern states
own words
oxford universal dictionary
penal code law of the north section
police exhibit 3a
principles of law
professor john glaister
proof of insanity.the defence of insanity
recent medical history
said judgment
submissions of the appellant

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…

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