CaseLaw
Sanusi V. State (1984) CLR 10(b) (SC)
Judgement delivered on October 19th 1984
Brief
Facts
the appellant on 10th April 1978 inflicted very serious and mortal matchet cut wounds on his own mother, who later died of those wounds on the 19th April 1978. The trial court - the Abeokuta High Court -believed the prosecution witnesses and found as a fact that the appellant killed the deceased. The actus reus of the offence of murder was thus established. In the Court of Appeal there was no quarrel about this aspect of the case. The quarrel was whether or not the requisite mens rea was established and more particularly whether on the totality of the evidence led, the defence of insanity was not avail¬able to the appellant. It was also argued that from the appellant's statement to the police during their investigation into the murder, the appellant was entitled to the further defences of provocation and self defence.
The Court of Appeal in a well reasoned judgment considered the defences of insanity, provocation and self-defence and came to the conclusion that on the evi-dence before the trial court none of these defences availed the appellant. That court accordingly dismissed the appellant's appeal and affirmed and confirmed the judgement and sentence of the trial court.
The present appeal is against this judgment of the Court of Appeal. As in the Court of Appeal, the main arguments in this Court centred around the defences of insanity, provocation and self-defence.
Issues
Can an accused person who did not give evidence at his trial can be said to...