OLADELE V. THE STATE

• Pages: 12-24

12

NIGERIAN

SUPREME COURT CASES

[1993] 1 N.S.C.C.

OLADELE V. THE STATE

FOLUSO OLADELE

APPELLANT

V.

THE STATE

RESPONDENT

APPEAL No. SC. 7

3

/

1

991,

SUPREME COURT OF NIGERIA

UWAIS,

J.S.C.

KAWU,

J.S.C.

0 LATAWU RA

J.S.C.

KUTIGI,

J.S.C.

MOHAMMED,

J.S.C.

15th January, 1993.

Criminal Law and Procedure - Bail - Whether usual to grant to persons charged with

murder - Defences - Insanity - Burden and Onus of Proof - Section 28 of the Criminal

Code.

Evidence - Evidence of Insanity - Proof - Presumptions - Presumption of sanity - Whether

rebuttable.

ISSUES:

1.

Whether an accused person can still be convicted on his confessional

statement where he successfully raises the defence of insanity?

2.

What are the requirements an accused person has to comply in order for the

provisions of the first limb of section 28 of the Criminal Code can be met?

3.

On whom lies the onus of proof to establish insanity?

4.

Whether compliance with the requirements of the three requisites under section

28 of the Criminal Code, without more, is sufficient to establish a defence of

insanity?

5.

Whether it is expedient to grant a person charged with murder bail pending

trial?

FACTS:

The appellant was charged with the murder of her daughter, one Tomike

Oladele, contrary to section 316(1) of the Criminal Code of Ondo State. The

appellant got married to one Michael Oladele in 1977 as a 20 year old. There were

three children of the marriage: Oluwaseun; Christiana and Tomike. The appellant

fell ill in her matrimonial home and her husband asked her to go to her father at

lse-Ekiti for treatment she went and returned to her husband and children at Ondo.

After a misunderstanding with her husband later she was sent out of her matrimo-

nial home with her three children. On the fateful day appellants father, Rufus Bejide

woke up at about 6.00 a.m. when he did not see appellant in her room, he called

out for her and she answered accross the road. He saw her and Seun, her first

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