ANYIM V. STATE

Pages281-287
ANYIM V. STATE
281
ANYIM V. STATE
5
JAMES ANYIM
V
10 THE STATE
SUPREME COURT OF NIGERIA
BELLO,
J.S.C.
IDIGBE,
J.S.C.
15
ESO,
J.S.C.
ANIAGOLU,
J.S.C.
UWAIS,
J.S.C.
17th June, 1983
APPELLANT
RESPONDENT
SUIT NO. SC 29/1982
20
Criminal Law
-
Practice and Procedure - Insane delusions criteria for liability
under section 26 of the Criminal Code Law.
ISSUE:
1.
Under what circumstances will the defence of insane delusion as defined in the
25
second segment of section 26 of the Criminal Code Law, avail an accused
person.
FACTS:
The appellant had gone on a rampage during which he had killed at least two
victims, including the deceased. His defence on trial was that he was under the
30
insane delusion that certain people including the deceased, had planned to kill
him. The appellant's appeal to the Federal Court of Appeal was dismissed.
HELD:
That the relevant question the court ought to address its mind to is "if in in ac-
tual fact, as in the insane delusion of the appellant, the deceased and others were
35
planning to kill him, would the appellant have been legally justified in killing them
at that planning stage?" Since the answer to this question is definitely No, then
Section 26 of the Criminal Code Law could not avail the appellant.
CASES REFERRED TO IN JUDGMENT:
40
1.
R.
v.
Echem
(1952) 14 W.A.C.A. 158.
2.
Okunnu v. The State
(1977) 3. SC. 151 at 161.
3.
Onvendinefu v. The State
FCE/
1
/
1
17/78 - Judgment of Federal Court of Ap-
peal Ibadan Judicial Division, delivered on 23rd February, 1979.
4.
Rex v. Sunday Omoni
(1949) 12 W.A.C.A. 511.
45
5.
Rex
v.
Ashigifuwo
(1948) 12 W.A.C.A. 389.
6.
Rex
v.
Edem Udo Inyang
(1946) 12 W.A.C.A. 5.
7.
Phillip Dim v. The Queen
(1952) 14 W.A.C.A. 154.
8.
Ted
Kayode Adams v.
D.P.P.
(1966) 1 All N.L.R. 12.
9.
R.
v.
Rivett
(1950) 34 Cr. App. R. 87.
50
10.Ngene Arum v. The State
(1979) 11 S.C. 91.
11.David Augustus Walton v. The Queen
(1977) 3 W.L.R. 903.
12.
Clement Iwuanyanwu v. The State
(1964) 1 All N.L.R. 413.
Chief 0.0. Jlbowu,
for Appellant.

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