ANYIM V. STATE

• Pages: 281-287

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

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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

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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

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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

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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:

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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.

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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.

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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.