DAVID UCHE IDEH v. THE STATE (2019)

DAVID UCHE IDEH v. THE STATE

(2019) LCN/4631(SC)

In the Supreme Court of Nigeria

Wednesday, February 20, 2019


Case Num
ber: SC.924/2016

 

JUSTICES:

WALTER SAMUEL NKANU ONNOGHEN

KUMAI BAYANG AKA’AHS

EJEMBI EKO

PAUL ADAMU GALUMJE

SIDI DAUDA BAGE

 

APPELLANTS

DAVID UCHE IDEH

 

RESPONDENTS

THE STATE

 

COUNSELS

Mr. F. Dailey with him, O. A. Olude for Appellant|AND|Dr. Olumide Ayeni (A.G. Ogun State) with him, Adekunle Manuwa, Ishaq Apalando, Abdul Basit AbdulMalik and Miss Mary Warribo for Respondent|

What the court will consider when the defense of Insanity is raised

Section 222 of the Criminal Procedure Law of Ogun State provides that an accused person shall be deemed to be of unsound mind and consequently incapable of making his defence if by reason of some physical or mental condition he cannot follow the proceedings and make a proper defence. Section 223 and 224 of the same Law enjoin a trial Judge to do the following when the issue of insanity is raised at the trial, viz: – (a) When he observes that the accused behaves abnormally, or (b) When the fact of the mental instability of the accused is raised in the course of the trial, or (c) When the Counsel to the accused request for the inquiry. The three conditions here can only arise when the issue of insanity is raised. For the Court to deem an accused person to be of unsound mind and consequently incapable of making his defence by reason of some physical or natural condition, the conduct or behavior of such an accused person must be taken into account by the trial Judge, whose opinion only will be relevant.”

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