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CaseLaw

Nkanu Vs. State (1980) CLR 1(a) (SC)

Brief

  • Insanity
  • Intoxication
  • Withdrawal of appeal

Facts

The appellant, a middle aged man of 40 years and a native of Igbo Ekureku village in Obubra Local Government Area of Cross River State was in the High Court of Cross River State sitting at Ikom (Effanga, J.) tried and convicted of the murder of Edu Efe Ntomo (f) an old woman of 60 years and sentenced to death on the 9th day of June, 1977.

His defence of denial of the killing and of insanity as a result of intoxication was rejected by the learned trial Judge for almost total absence of evidence in proof.

Aggrieved by the conviction, he appealed to the Federal Court of Appeal, his three main grounds being:

  • 1.
    That my friend offered me a cigarette in my father-in-law's compound where we were entertained with drinks, which after I had smoked, it pushed me into wild behaviour.
  • 2.
    That under this influence of a supposed cigarette I made my way back to my house where I started to act violently and this resulted in my using a matchet on the deceased including others without my senses, as I was told later.
  • 3.
    That the offence was not intentionally committed."

The appeal was summarily dismissed at the hearing following the submission by counsel for the appellant that he had nothing useful to urge in favour of the ap-pellant. The appellant still aggrieved, has now appealed to this Court against the decision of the Federal Court of Appeal.

Issues

  • 1.
    Can a plea of insanity or intoxication be a defence where there is no...
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