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CaseLaw

Anyim Vs. State (1983) CLR 6(b) (SC)

Judgement delivered on June 17th 1983

Brief

  • Criminal law practice and procedure
  • Insane delusions
  • S.26 Criminal code

Facts

The appellant was a head labourer under the employment of a contractor, one S.B. Bakare. In their workplace there was a young girl known as 'Toyin" who came around to sell cigarettes and other wares to the appellant and to the other labourers. The appellant took fancy to her and would buy her presents, help her collect the debts being owed to her by other labourers, and, generally, would protect her from any molestations from people around. It got to the extent that the other labourers started regarding Toyin as the appellant's girl-friend. The labourers and the people around teased the appellant by playfully calling him Toyin's boyfriend. They would ask Toyin if she would marry the appellant and she would Jocosity reply in the affirmative.

Apparently, the appellant had taken the matter seriously to heart. This time he bought some presents for the girl who, presumably, equating her acceptance of the gift as tantamount to her acceptance of marriage, refused the offer. The appellant was not happy about this and particularly so as his co-workers taunted him about the girl's refusal of the gift. The appellant grew morose and introspective and conceived that his co-workers and the people around were against him. So obsessed about this was the appellant, that on the 4th day of August 1976 he went and made a report at the police station complaining that one Lasisi Ogundipe (P.W.B) and some other persons were planning to kill him, although he could not give any reason why they would want to kill him. The police invited Ogundipe and those others who denied planning to kill the appellant and made written state¬ments to that effect. The police warned them not to kill the accused and then re¬assured the appellant.

It would appear that on the next day, 5th August, 1976, at about 1 p.m., the ap-pellant took out his matchet and went on a rampage during which he killed at least two people including the victim of this murder charge, Sadatu Awero, who was his landlady.

Issues

  • 1
    When would the defence of insane delusion as defined in the second...
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