OKUNNU V. THE STATE

• Pages: 133-141

OKUNNU V. THE STATE

awolowo leaves which are said to abound in Ovva-Oyibu

This is also true of the

area.

Thus, while we agree that circumstantial evidence is admissible in criminal

cases, such evidence in the words of Lord Normand in Lejzor Teper vs. The

Queen

- (1952) A.C. 480 at p. 489 - "Must be always narrowly examined, if only because

evidence of this kind may be fabricated to cast suspicion on

ανοτηερ.....

It is also

necessary before drawing the inference of the accused's guilt from circumstantial

evidence to be sure that there are no other co-existing circumstances which would

weaken or destroy the inference."

)

See also R. v. Ororosokode - (1960) 5 F.S.C. p.208. As we were in no doubt

that the decision of the learned trial Judge in this case failed to satisfy the tests laid

down in the Teper case (supra) we had to allow the appeal, set aside the convic

-

tion of the appellant and substitute therefore a verdict of acquittal. The appellant,

if still in custody is to be released forthwith.

Appeal allowed.

5

ΟΚΥΝΝΥ ς. ΤΗΕ ΣΤΑΤΕ

20

APPELLAN

T

25

THE STATE

30

MADARIKAN

,

J.S.C.

35

Αβσενχε οφ µοτιϖε − Ωηετηερ συφφιχιεντ το ινφερ µανια.

40

2. Whether the absence of motive is sufficient g

letely

45

The Appellant was tried for the murder of one Risikatu Imam Balogun at the

YEKINI WAHAB1 OKUNNU

50

might have existed even before then, the jury after a very careful and exhaustive

SUPREME COURT OF NIGERIA

31Στ

March, 1977

Χριµιναλ Λαω ανδ Πραχτιχε − Ινσανιτψ − Μυρδερ − ϑυρψ γιϖινγ ϕυδγµεντ χοντραλψ

ISSUES:

1. Whether the onus of establishing insanity is on the accused and how the onus

V

ALEXANDER

,

C.J.N.

3. Whether an appeal court would set aside the verdict of a jury which is comp

IRIKEFE

,

FACTS:

High Court of Lagos State by O.R I. George, J. (sitting with a Jury).

to

εϖιδενχε − Αλσο χοντραρψ το διρεχτιον γιϖεν βψ ϑυδγε − Ονυσ οφ προοφ

-

ing evidence of insane behaviour on the part of the appellant immediateiy after

the commission of this offence and unchallenged medical evidence that insanity

summing up by the learned judge, nevertheless returned a verdict of guilty.

is discharged.

the jury was unwarranted, unreasonable and cannot be supported having regard

to the evidence.

commission of a crime.

out of tune with the evidence.

There was apparently no motive for the killing and although there was compell

The appellant appealed to the Supreme Court on the ground that the verdict of

J.S.C.

SUIT NO. SC 174/1976

RESPONDEN

T

round to infer mania in the