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CaseLaw

John Imo V. State (1991) CLR 12(b) (SC).

Brief

  • Defences
  • Insanity
  • Intoxication
  • Issues for determination

Facts

The facts of the case presented by the prosecution are as follows –On the day the incident happened leading to the death of the decease, PWI, a brother to the deceased was together with the deceased in their father’s compound. A girl, Nwankpu Nwokporo (PW6) cane to the compound with a message to the deceased went to the appellant’s compound and joined Lazarus Imo (PW2) a full brother of the appellant. At that times the appellant was not there. While they went out. About five to ten minutes later, he returned with some women following him and shouting, “vulture had eaten me”. Apparently, it was dark and there was native lantern, which was on at the time. The appellant, for no explained reasons, started cutting the deceased ran back to their compound crying. PW1 tied to bleeding wound on the deceased to the hospital but before he would secure one, the deceased gave up.

In his statement to the Police made on the 5th January 1984, the appellant stated, inter alia, as follows-

  • “I have no quarrel with Alphonsus Nwonu. I matcheted him under the influence of alcohol. I was drunk I cannot say whether it was at his hand or where that the machete cut him. It was under the same influence of alcohol that the matcheted my brother Lazarus Imo. It was at Ezzamgbo Police Station that I heard that Alphonsus Nwonu died as a result of the machete cut I inflicted on him. There is no other thing I want to say other than everything was under the influence of alcohol….”

    • Accused later retracted the defence of intoxication raised on his statement to the Police and introduced the defence of insanity. He stated that he was afflicted by some mental trouble, which prevented him from knowing what he was doing. He denied killing the decease because he was drunk.

    In his judgment, the learned trial judge rejected the defence of intoxication and insanity. He then convicted the appellant of murder and sentenced him to death.

    Appellant appealed to the Court of Appeal which dismissed the appeal and affirmed the conviction and sentence passed by the trial court. The appellant then appeals again to the Supreme Court.

Issues

Whether, on the facts of the case, both the trial court and the Court of Appeal...

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