BASHIRU AYINDE V. THE QUEEN

• Pages: 300-303

300

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BASHIRU AYINDE V. THE QUEEN

BASHIRU AYINDE V. THE QUEEN

BASHIRU AYINDE

V

THE QUEEN

SUPREME COURT OF NIGERIA

BRETT,

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J.S.C.

TAYLOR,

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J.S.C.

BAIRAMIAN,



J.S.C.

23rd December. 1963.

APPELLANT

RESPONDENT

SUIT NO. FSC 22

1

/

1

963

Criminal Law - Insanity - Murder - Amnesia No motive - No evidence of

insanity

ISSUES:

1.

Whether amnesia alone is conclusive proof of insanity as a defence to a murder

charge.

2.

Whether the absence of motive is by itself indicative of insanity.

FACTS:

The defendant slashed his wife to death and then cut himself and collapsed

from shock, after which he genuinely had no recollection of what he had done.

There was no evidence of motive for the murder. The evidence of his behaviour

both before and after the murder was that he was normal. Evidence was adduced

to show that his killing his wife was an involuntary act. The trial Judge did not find

that he was insane when he killed his wife, and convicted him of murder. On ap-

peal it was argued that he was.

HELD:

1.

That amnesia in itself is not conclusive proof that he was insane at the time; at

the highest is may be said to increase the burden of proof laid on the

prosecution.

R.

v.

Podola

(1960) 1 Q.B. 325.

2.

The absence of motive is at most a matter to be taken into consideration when

there is other evidence indicative of insanity rather than the opposite.

R.

v.

Ashigifuwo

(1948) 12 W.A.C.A. 389.

3.

As there was no evidence of behaviour either before or after the murder which

was in any way indicative of insanity, the plea of insanity at the time of killing

failed.

[As to

Insanity generally,

see 11 HALSBURY'S LAWS 4th Edition 27 Paras. 30

AND 321

CASES REFERRED TO IN JUDGMENT:

1.

R.

v.

Podola

(1960) 1 Q.B. 325.

2.

R. v. Ashigifuwo

(1948) 12 W.A.C.A. 389.

3.

R.

v. Dim

(1952) 14 W.A.C.A. 154.

J.A.

Cole for the Appellant.

C.O.O.

Bada, Senior State Counsel,

for the Respondent.