MAKOSA V. THE STATE

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NIGERIAN SUPREME COURT CASES

[1969] N.S.C.C.

MAKOSA V. THE STATE

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SULE NOMAN MAKOSA

V

THE STATE

APPELLANT

RESPONDENT

SUIT NO. SC/198/1969

SUPREME COURT OF NIGERIA

ADEMOLA,



C.J.N.

COKER,

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J.S.C.

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MADARIKAN,

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J.S.C.

7th November, 1969.

Criminal Law - Culpable Homicide with death - Defence of Insanity not established

by accused on the evidence but desirability of having accused under medical

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investigation pending trial if any doubt from past conduct of his sanity -

Accused's own evidence of his insanity of low probative value.

ISSUES:

1.

Whether the law will exculpate a criminal from responsibility once he is found

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to be insane under section 51 of the Penal Code.

2.

Whether an accused person can be a competent witness as to his own sanity.

FACTS:

The accused was charged with murder and as his defence he claimed to be

afflicted by Insanity. Evidence was given to this effect, but the High Court believed

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otherwise and convicted him. He appealed to the Supreme Court.

HELD:

1.

The law exculpates a person from criminal responsibility when he is proved to

fall within the provisions of section 51 of the Penal Code; and where facts are

discovered in the course of police investigation which suggest abnormality, the

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investigation should, even if only to negative the suggestion, be carried into that

area.

2.

It was impossible to impugn the direction and findings of the trial Judge in this

respect and it was well to point out that when the question was as to the sanity

or otherwise of a person such a person himself would be hardly a competent

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witness on this point and in any case the probative value of such evidence must

be considered rather low.

[As to

insanity,

see 11 HALSBURY'S LAWS 4th Edition 621 para 1165.]

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Akinsanya

(for Cole) for the Appellant.

Sambo (Solicitor-General, N.W. State)

for the Respondent.

COKER, J.S.C.

(Delivering the Judgment of the Court): We indicated when

dismissed this appeal at the hearing on the 19th September, 1969, that we would

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later give our reasons for dismissing it. We now set out those reasons.

The appellant was tried and convicted at the High Court, Sokoto, North-West-

ern State, of culpable homicide punishable with death under section 221 of the

Penal Code. According to the prosecution the accused caused the death of one

Mainasara by stabbing him in the throat and on the side with a knife on the 22nd