NNAMANI V. THE STATE

• Pages: 19-21

NNAMANI V. THE STATE

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small area as is shown in the plan Exhibit G. The possession of the 2nd defend-

ant, as indeed that of his ancestors, is not inconsistent with the title of the plain-

tiffs since such holding found by the Judge and under Native Law and Custom will

not divest the plaintiffs of their ownership of the land. The plaintiffs claimed, and

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the Judge accepted it, that their progenitors had allowed the ancestors of the 2nd

defendant and the 2nd defendant himself to use the land as customary tenants

under Yoruba Native Law and Custom. As stated before, such possession will not

ripen into ownership howsoever long it may be and title by prescription is not

known to Yoruba Law and Custom.

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The argument on behalf of the defendants needs no further consideration as

we are of the view that the Judge clearly comprehended the entire case and came

to a conclusion which is abundantly supported by the evidence. Where a court of

trial unquestionably evaluates the evidence and appraises the facts, it is not the

business of a court of appeal to substitute its own views for the views of the trial

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court. This appeal therefore fails.

Appeal dismissed.

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NNAMANI V. THE STATE

INNOCENT

NNAMANI

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V

THE STATE

SUPREME COURT OF NIGERIA

BRETT,

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J.S.C.

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AJEGBO,

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J.S.C.

LEWIS,

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J.S.C.

27th January, 1967

APPELLANT

RESPONDENT

SUIT NO. SC 648/1966

Criminal Law and Procedure - Murder - Observation by trial judge in judgment

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that "accused was not of balanced mind at the time of the murder" -

Whether such words are capable of indicating doubt as to accused's fitness to

stand trial

Legislation Criminal Procedure Act Sections 223 and 224.

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ISSUE:

1.

Whether an observation by a trial Judge in his judgment that the "accused was

not of balanced mind at the time of offence" indicates doubt as to the accused's

fitness to stand trial.

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FACTS:

The appellant was tried and convicted for the offence of murder. The medical

evidence showed that the deceased died of multiple wounds on the head inflicted

by some weapon like a matcher:. In convicting the appellant the learned Chief Jus-

tice observed in his judgment that "the attack on him (the deceased) was vicious

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and deadly and unless there is strong motive behind it, one would wonder whether

the accused was normal when he attacked the deceased".