ELEDAN V. THE STATE

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106

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NIGERIAN SUPREME COURT CASES

[1964] N.S.C.C.

(b)

that the fifth order made by the trial Judge in his ruling of the 11th August,

1962, shall be set aside and in its place shall be substituted the following:-

'The plaintiff shall within four months from the date of this Judgement

collect all the debts due to the partnership business, pay off the credi-

tors, and shall in three equal monthly and consecutive payments or

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instalments beginning as from the 1st September, 1964, pay off the

defendant's interest as found in this Judgement i.e., £2,296-7s-8d."

(c)

the order for costs contained in the Judgement of the 15th July, 1961,

shall stand as shall the order the payment of any costs in the ruling of

the 11th August, 1962.

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(d)

the respondent having succeeded on the major issues in this appeal is

entitled to his costs of the appeal which we assess at thirty-two Guineas.

Appeal allowed in part.

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ELEDAN V. THE STATE

20

PAUL ELEDAN

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APPELLANT

V

THE STATE

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RESPONDENT

SUIT NO.SC 526/1963

SUPREME COURT OF NIGERIA

BRETT,

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J.S.C.

TAYLOR,

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J.S.C.

BAIRAMIAN,

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J.S.C.

9th April, 1964

Criminal Law - Criminal Procedure Act, s.223(1) - Trial - Defendant's fitness to

plead - S.223(1) of the Criminal Procedure Act.

ISSUE

1. Under what circumstance will a trial judge declare an accused person insane

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and consequently, incapable of making his defence.

FACTS:

The appellant was charged with the murder of his wife. He was assigned coun-

sel who told the court that he could not get coherent instructions from the appel-

lant and was of the opinion that he was not fit to plead to the charge. The appellant

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had, however, been long under a doctor's observation and the medical certificate

declared that he was mentally fit. The Court went ahead and took his plea. He

pleaded not guilty and the trial was adjourned to enable counsel to receive further

instruction. On the adjourned date prosecution called its witnesses and counsel

for the appellant cross-examined them on what appeared to have been coherent

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and sensible instructions. The court then explained to the appellant his three and

that it was up to him to make his choice. The accused then said he would testify

on oath but just as he was about to be sworn he changed his mind and returned

to the dock and make an unsworn statement which was unintelligable. His coun-

sel then submitted that his client was obviously mental. In his judgment the trial

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judge was of the considered opinion that the appellant was "quite sane" and was

just "play-acting" when making his defence.

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