DOLA V. BORNU NATIVE AUTHORITY

• Pages: 297-298

DOLA V. BORNU NATIVE AUTHORITY

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297

DOLA V. BORNU NATIVE AUTHORITY

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USMAN DOLA

V

10 BORNU NATIVE AUTHORITY

SUPREME COURT OF NIGERIA

BAIRAMIAN,

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J.S.C.

LEWIS,

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J.S.C.

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MADARIKAN,

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J.S.C.

15th December, 1967.

APPELLANT

RESPONDENT

SUIT NO. SC 269/67/33

Critninal Law - Culpable homicide punishable with death - Insanity - Defence

of - When raised.

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Evidence - Evidence not raised in limbic. - Whether admissible on appeal.

ISSUE:

1. Whether a defence of insanity, not raised in

lirnine

at Court of trial, can be set

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up on appeal to upset a verdict of guilt for the offence of culpable homicide

punishable with death, found proved at trial.

FACTS:

The appellant was convicted fcr the offence of culpable homicide punishable

with death by the Native Court of the Shehu of Bornu on the 14th of March, 1967,

30 and was sentenced to death.

At the trial, the appellant gave a graphic account of how the deceased met his

death at his hands. He had shot the deceased in anger as a retaliation. He had

thought that the deceased's relatives had killed his brother. There was nothing in

his evidence or conduct in Court that suggested impairment of mind. In his Appeal

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to the High Court, he sought to raise the defence of insanity for the first time and

failed.

On further appeal to the Supreme Court, it was:

HELD:

That for the Defence of insanity to avail an accused person on a charge of culp-

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able homicide punishable with death, it must be raised in the trial Court and not

for the first time at the Court of Appeal.

J.

A Cole for the Appellant.

N.

B. Belgore, Deputy D.P.P. (Northern States)

for the Respondent.

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MADARIKAN, J.S.C.

(Delivering Vie Judgment of the Court): The Appellant

along with two others were charged with culpable homicide punishable with death

in the Native Court of Shehu of Bornu and he was convicted and sentenced to

death on the 14th of March, 1967. He appealed to the High Court which dismissed

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his appeal No. JD/13CA/67 on the 81h of July, 1967. He has further appealed to

this Court and we now give our reasons, as we said we would, on the 30th of

November, 1967, when we dismissed the appeal.