THE QUEEN V. OGOR

• Pages: 56-63

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NIGERIAN SUPREME COURT CASES

[1961] N.S.C.C.

Court,

I would

order that each party bears its own costs in the lower Court and in

this Court.

Brett, F.J. I

concur.

Bairamian, F.J. I

concur.

Appeal allowed

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THE QUEEN V. OGOR.

10

THE QUEEN

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RESPONDENT

V

MICHAEL OGOR

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APPELLANT

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SUIT NO. FSC X/1961

FEDERAL SUPREME COURT.

BRETT,



F.J.

TAYLOR,



F.J.

BAIRAMIAN,

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F.J.

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16th March, 1961.

Criminal Law and procedure - Person of unsound mind - Fitness to stand trial

- Meaning - Question arising after plea, and after hearing same evidence on

the charge - question settled without evidence - Evidence by certificate signed

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by Medical Officer - Proper attitude of Court to such certificate - Onus on

accused and degree of proof - Criminal Code, s. 27, s. 28 - Criminal Procedure

Ordinance, ss. 223, 224, 226.

Appeals in Criminal Cases - Appeal against conviction - Grounds of appeal -

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Complaint against decision on fitness to stand trial - Medical Officer's certificate

to be included in record of appeal - Proper order in such appeal - Criminal

Procedure Ordinance, s. 363.

ISSUES:

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1.

Whether a complaint relating to fitness to stand trial may be made in an appeal

against conviction.

2.

At what state may the question of insanity be raised and investigated during

criminal proceedings under sections 223 and 224 of the Criminal Procedure

Ordinance.

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3.

Whether the question as to fitness to stand trial

can be resolved by a trial court

without taking evidence as to such fitness.

4.

Whether the certificate of a Medical Officer can resolve the question as to the

fitness of the prisoner to stand trial.

5.

On whom lies the burdern of proof in satisfying the court of the accused's

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insanity and what is the standard of proof in discharge of it.

6.

What is the proper order on an appeal against conviction on unfitness to stand

trial.

FACTS:

The appellant was charged to the High Court in September for the offence of

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murder allegedly committed in May. Prior to the charge, the Medical Officer had

sent to the Ministry of Justice in July a certificate stating that the appellant was then

mentally abnormal in a state of semi-stupor. He recommended that the appellant

be observed with a view to treatment in a mental hospital as at that time he was